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Section 11: Procedure makling vesting order

Public Debt (Compensation Bonds) Rules, 1954Central Rules · 1944

(1) In cases to which section 12 of the Act applies, the Bank may determine the person in the manner hereunder as being entitled in its opinion to the bond and may by its order vest title in such person accordingly.

(2) The person claiming to be entitled to a bond shall apply to the Bank and adduce documentary evidence in support of his claim.

(3) On receipt of the application by the Bank, the Bank if it contemplates making a vesting order under the Act-

(i) may suspend payment of instalments on or the maturity value of the bond or postpone the making of any order under section 11 until the vesting order has been made.

(ii) may, if it considers proper, request a District Magistrate to record or to have recorded the whole or any part of such evidence as any person whose evidence the Bank requires may produce or direct one of its officers to record such evidence or may receive evidence upon affidavit.

[(4) The Bank shall give notice in writing to each claimant of whom it has knowledge, stating therein the names of all other claimants and the particulars, of the claim, and intimating its intention to make a vesting order and specifying the officer of the Bank who will determine the title.

The notice shall also require each such claimant to adduce any evidence, he may have in support of his claim, either by affidavit or in person, to the officer and at such time and place as may be specified therein.

(5) After the Officer of the Bank has considered the evidence and determined the issue, the Bank shall give notice in writing to each claimant, of the determination so made.]

[* * *] [(6)] The notices prescribed in sub-rules (4) and [(5)] above shall be published in three successive issues of the date on which they are respectively issued.

[(7)] On the expiry of six months from the issue of the [notice under sub-rule

(5)] the Bank may make an order vesting the bond in the person found by the Bank to be entitled thereto.

[(8) In cases governed by Section 9 or Section 10 of the Act, the Bank may proceed to pass the vesting order on the basis of certificates issued by a District Magistrate having jurisdiction over the estate of the deceased holder, or, as the case may be, of the minor or insane person as specified below without making any further inquiries,

(a) In a case falling under Section 9, a certificate in Form IVC of Public Debt Rules, 1946, granted by the District Magistrate; and

(b) In a case falling under Section 10, a certificate issued by a District Magistrate to the effect that the person specified therein is the guardian of the minor, or, as the case may be, the manager, of the estate of the lunatic]

Where this provision sits

ActPublic Debt (Compensation Bonds) Rules, 1954
Section11
Marginal noteProcedure makling vesting order
JurisdictionCentral
StatusIn force as published by the source

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