Union of India - Act
Public Debt Rules, 1946
UNION OF INDIA
India
India
Public Debt Rules, 1946
Rule PUBLIC-DEBT-RULES-1946 of 1946
- Published on 20 April 1946
- Commenced on 20 April 1946
- [This is the version of this document from 20 April 1946.]
- [Note: The original publication document is not available and this content could not be verified.]
1590.
No. F.8(12)-B/46, dated 20.4.1946.- In exercise of the powers conferred by section 28 of the Public Debt Act, 1944 (18 of 1944), the Central Government is pleased to make the following rules, the same having been previously published as required by sub-section (1) of the said section, namely:-1. Short title and application.-
2. Definitions .-
In these rules, unless there is anything repugnant in the subject or context,-3. Forms of Government Securities.-
A Government security may be held or issued in the form of-4. [ Form of Government Security which may be prescribed under Section 2.- [Substituted by S.O. 1231, dated 10.5.1960]
The Government may, by notification in the official Gazette,5. Stock.-
Stock may be-6. Security in special form issuable to a [Ruler of a former Indian State] [Substituted by S.R.O. 2284, dated 3.10.1956].-
7. Transfer of different forms of securities.-
The different forms of Government securities shall be transferable only in the manner hereunder-7.
-B. Effect of nomination on renewal, etc.-[(1) The rights which a nominee or nominees has or have acquired in relation to a Treasury Savings Deposit Certificate or a Defence Deposit Certificate under a nomination duly made and registered under rule 7A, shall not be affected by reason only of the renewal or sub-division of the certificate or the issue of a duplicate certificate on the ground that the original has been lost, stolen, destroyed mutilated or defaced or in the case of a Treasury Savings Deposit Certificate on its conversion on application by a person by whom it is held as pledge or by way of security for any purpose into a Defence Deposits Certificate; and the nominee or nominees shall have the same rights in relation to the renewed certificate or each of the certificates issued on sub-division or the duplicate certificate or the new certificate issued by way of conversion as he or they had in relation to the original certificate:Provided that where a certificate is sub-divided in pursuance of a transfer (other than transferby way of pledge or security), of a part of such certificate, nothing in this sub-rule shall apply to the new certificate or certificates issued tc the transferee.] [Substituted by G.S.R. 109, dated 13.1.1966]7D. Effect of nomination on renewal, etc., of a Defence Certificate.-
8. Provision for holding stock by trustees and office holders.-
9. Payment of interest.-
Payment of interest on a Government security shall be made and acknowledged in the following manner:-10. Payment of prize money.-
The amount of any prize drawn in respect of a Prize Bond shall, after his claim has been admitted by the Bank, be paid in cash or in the form of Government securities according to the terms of the Bond, to the person who presents such prize bond at any office authorized by Government as an office of issue at the time when the loan to which the prize bond belongs was open to subscription.11. Procedure when a Government security is lost etc.-
12. Government Promissory Note.- (1) Procedure when a Government Promissory Note is lost, etc.-
The applications for the issue of a duplicate note in place of a Government promissory note which is alleged to have been lost, stolen, destroyed, mutilated or defaced either wholly or in part shall be accompanied by-(a)A statement of the following particulars, namely: -(i)The last half for which interest has been paid;(ii)The person to whom such interest was paid;(iii)The person in whose name the note was issued (if known);(iv)Particulars of coupons attached (if any);(v)The place for payment of interest at which the note was for the time being enfaced;(vi)The circumstances attending the loss, theft, destruction, mutilation or defacement; and(vii)Whether the loss or theft, was reported to the police; 10(b)The Post Office registration receipt for the letter containing the note, if the same was lost in transmission by registered post;(c)A copy of the police report if the loss or theft was reported to the police;(d)Where the last payment of interest was not made by a warrant issued by the Public Debt Office, a letter signed by the officer of the treasury where interest was last paid, certifying the last payment of interest on the note and stating the name of the party to whom such payment was made;(e)If the applicant is not the holder in whose name the note was originally issued an affidavit sworn before a Magistrate testifying that the applicant was the last legal holder of the promissory note and all documentary evidence necessary to trace back the title to the original holder; and(f)Any portion or fragments, which may remain of the lost, stolen, destroyed, mutilated or defaced note.13. Treasury Bills-Procedure when a treasury bill is lost, etc.-
14. Bearer Bonds-Procedure when a bearer bond is lost etc.-
15. Prize Bonds.-
Procedure when a prize bond is lost, etc.- (1)(a) Every application for the issue of a duplicate bond in place of a prize bond which is alleged to have been lost, stolen, destroyed, mutilated or defaced shall be addressed to the Public Debt Office and shall be accompanied by a registration fee of Re.1 per bond and a statement of the following particulars namely:-(i)particulars of the number and value of the prize bond and the loan to which it belongs;(ii)the name of the office at which the bond was purchased;(iii)the circumstances attending the loss, theft, destruction, mutilation or defacement and(iv)whether the loss or theft was reported to the police.(b)Such application shall be accompanied by:-(i)Post Office registration receipt for the letter containing the prize bond if lost in transmission by registered post;(ii)A copy of the police report if the loss or theft was reported to the police. 19(iii)An affidavit sworn before a Magistrate testifying that the applicant was the last legal holder of the bond and(iv)Any portion or fragments which may remain of the lost, stolen, destroyed, mutilated or defaced prize bond.16. Stock Certificate.-
Procedure when a stock certificate is lost, etc.- (1) Every application for the issue of a duplicate stock certificate in place of a stock certificate which is alleged to have been lost, stolen, destroyed, mutilated or defaced either wholly or in part shall be addressed to the Public Debt Office and shall be accompanied by-a. the Post Office registration receipt for the letter containing the stock certificate, if the same was lost in transmission be registered post:b. a copy of the police report, if the loss or theft was reported to the police:c. an affidavit sworn before a Magistrate testifying that the applicant is the legal holder of the stock certificate and that the stock certificate is neither is his possession nor has it been transferred, pledged or otherwise dealt with by him; andd. any portions or fragments which may remain of the lost, stolen, destroyed, mutilated or defaced stock certificate.17. Procedure when a Government promissory note in special form is lost etc-
The procedure prescribed in Rule 12 shall apply to a promissory note issued in form I, when such note is lost, stolen, destroyed, mutilated or defaced.17A. [ Procedure when Treasury Savings Deposit Certificate or Defence Deposit Certificate is lost etc.- [Inserted by No. D.6285-BI/51, dated 28.7.1951]
18. Publication of list.-
19. Determination of title by vesting order.-
Notwithstanding anything contained in Rules [12 to 17B] [Inserted by G.S.R. 144, dated 21.1.1964] the title to a lost, stolen, destroyed, mutilated or defaced security may be determined by the Bank by its order vesting title to the security or to the payment of interest only or to both.20. Determination of a mutilated security as a security requiring renewal.-
It shall be at the option of the Bank to treat a security, which has been mutilated or defaced as a security requiring issue of a duplicate under any of the Rules from [12 to 17B] [Inserted by G.S.R. 414, dated 21.1.1964] or mere renewal under Rule 24.21. When a Government promissory note is required to be renewed.-
22. Procedure for making vesting order.-
23. Proviso for recognition of title to Government securities held by managing member of Hindu joint family subject to Mitakshara Law.-
The certificate required under the proviso to section 7 of the Act shall be a certificate signed by the District Magistrate after such inquiry (if any) as may in his opinion be necessary to determine the matters in question referred to therein.24. Receipt for renewal etc.-
25. Discharge of a security.-
25A. [ Disposal of Securities which have been repaid, renewed converted, etc.- [Inserted by G.S.R. 1095, dated 13.8.1962]
A Government Security in respect of which a duplicate security or a new security has been issued or which has been discharged by payment may be perforated, punched cut or otherwise disposed of by the Bank in such manner as the Bank may consider necessary to ensure that the original security is not misused.]26. Receipt not required on discharge, etc; of a bearer bond or a prize bond.-
27. When executants of a document or maker of an endorsement is unable to write.-
28. Application for grant of information.-
29. Disposal of applicant for grant of information or inspection.-
The following provisions shall be observed in dealing with applicants under Rule 28.30. Indemnity bond and fees in connection with grant of information or inspection.-
31. [ Fees.- [Inserted by G.S.R. 109, dated 13.1.1966]
The following fees shall be paid in respect of applications under section 11 of the Act, namely:For each renewed, converted consolidated, sub-divided or duplicate security, 25 paise per cent of the face value of such security subject to a minimum of 10 paise and a maximum of one rupee.Fee shall be payable in multiples of 5 paise, fractions of 212 paise and above shall be rounded off to the nearest multiple of 5 paise and those below 2112 paise ignored.Provided that no fee shall be payable.32. The Indian Securities Rules, 1935, shall cease to apply to those Central Government securities to which the Act and these rules apply.
The Schedule[See Rule 2(5)]Form I(See Rule 6)Form of Special Notes issued to[Rulers of former Indian States]| Government | per cent | loan of Rs. |
| Percent, of (name of Loan) | ||
| At | Public Debt Office |
1.
/We............................do hereby assign and transfer my/our interest or share in the Inscribed stock of the...................................... per cent. Government Loan of ....................amounting to Rs..................................being the amount/ a portion of the stock for Rs.........................as specified on the face of this instrument together with the accrued interest thereon unto............................his/ her/their executors, administrators or assigns, and I/we.......................................................... do freely accept the above stock transferred/to the extent it has been transferred............................................................................. to me/us.I/We @..................................................hereby request that on my/ our @the aforesaid stock certificate/s @ the aforesaid stock certificate to the extent it has been transferred to me/us @ may be renewed in my/our @ names (s)/converted in my / our @ names (s).**I/We@ hereby request that on the above transferee (s) ©being registered as the holder (s) @ of the stock hereby transferred to him/them @, the aforesaid stock certificate to the extent it has not been transferred to him/them @ may be renewed in my/our@ name(s).As witness our hand the......day of.......one thousand nine hundred and......Signed by the above named transferor in the presence of*..............(Transferor).................Address.............Signed by tire c bove named transferee in the presence of*.............1.
/We do hereby assign and transfer my/our interest or share in the Subsidiary Ledger Account No.....................of the...............per cent Government Loan of.......................amounting to Rs.....................being the entire balance/ portion outstanding at the credit of the aforesaid Account for Rs. as registered in the books of the Reserve Bank of India, Public Debt Office at.........................together with accrue interest thereon unto...........................his/their administrators or assigns and 1/we....................... do freely accept the above amount transferred to me /us.As witness our hand the......................day of.................. one thousand nine hundred and Signed by the above-named Transferror presence of*.....................Signed by the above named Transferee.........(Seller).Buyer).@ Omit the alternative which does not apply.** This paragraph to be used only when portion of a certificate is transferred.* Signature, occupation and address of witness.]1. Substituted by G.S.R. 1614, dated 7th November, 1964.
[Form IIIA] [Substituted by G.S.R. 1614, dated 7th November, 1964.][See Rule 7(3A)]1.
/We.......................do hereby assign and transfer my/our interest or share in the...........................per cent. Ten Year Treasury Savings Deposit Certificate/Defence Deposit Certificate No...........................for Rs........being the amount a portion of the said certificate for Rs...........together with the accrued interest thereon unto his/her/their executors administrators or assigns and [Transferee(s)]1.
/We...........do freely accept the above certificate transferred] to the extent it has been transferred to me/us We, the transferrees do hereby declare that the above certificate transferred / to the extent it has been transferred to us shall be held jointly by us; we however, desire that the said certificate/to the extent it has been transferred to us, should be repayable to us jointly @/either or the survivor of us@2.
I/We....................................................[Transferee (s)] hereby declare that on/this this transfer being effected my/our holding in Treasury/transfer is being effected by way of Security/Pledge.Savings Deposit Certificates and Defence Deposit Certificates would not exceed the maximum limit for holdings in Treasury Savings Deposit Certificates and Defence Deposit Certificates applicable to me/us.3.
I/We.................................[Transferee (s)] hereby request that on this transfer taking effect, the aforesaid certificate to the extent it has been transferred may be renewed in my/our name(s).4.
I/We.............................[Transferee (s)] hereby request than on this transfer taking effect, the aforesaid certificate to the extent it has not been transferred may be renewed in my/our name (s).As witness our hand the........day of........one thousand nine hundered and............Signed by the above named................[Name (s) of Transferor (s)]in the presence of ........[Address (es) of transferor (s)]................(Signature of witness)[Signature (s) of Transferor(s)]Signed by the above named.........[Name (s) of Transferree (s)]....................[Name (s) of Transferree (s)][Signature of Transferee (s)]in the presence of...........[Address(es) of transferree (s)](Name, occupation and address of witness)(Signature of witness)Note. - Strike out what is not applicable.This sentence may be cancelled when the transfer is not to two adults.@Omit the alternative which does not apply.Form III B[See Rule 7A (2)]Nomination made under Section 9B(l) of the Act and Rule 7A1.
1.
,..........(name and address) nominate the following person/s who shall, on my death, have the right to receive payment of the amount for the time being due on the certificate specified below-| Certificate | Nominee |
| Nature Distinguishing Denomination Date of purchase number | Name Address Date of Birth |
2.
* As...............the sole Nominee/Nominee No. above is a minor on this date, I appoint Shri/Smt./Kumari (name and address) to receive the amount for the time being due on the above certificate in the event of my death during the minority of the said nominee @...........Place ..........Date.........Signature/Thumb Impression of the holder.Signatures and address of witnesses.1.
2.
3. **This nomination is in substitution of the nomination dated made by me and registered in your books on the..........which shall stand cancelled on registeration of this nomination.
Form III C[See Rule 7A(3)]Notice of cancellation of nomination under Section 9B(1) of the Act and Rule 7AI;.......(name and address) do hereby cancel the nomination dated..................made by me in respect of the following certificate and registered by the Public Debt Office on the......(date).Particulars of the CertificatePlace........Date.........Signature/Thumb Impression of holder.Signatures and addresses of witnesses:1.
2.
* Not to be filled in, unless nominee is a minor.@ Name of the nominee.** This paragraph may be struck out when the nomination is not in substitution of one ready made.][Form III D] [Inserted by G.S.R. 144, dated 21st January, 1964.][See Rule 7(5)]Form of TransferI......................do hereby assign and transfer my interest in the within mentioned Defence Certificate unto...........................................(Transferee)his/her executors, administrators or assigns, and ......................(Transferee)do hereby accept the above certificate transferred to me.As witness our hand the.................day of.....................one thousand nine hundered and..................| Signed by the above-named | |
| ........................ | .......................(Signature of Transferor) |
| (Name of Transferor) | |
| In the presence of.................. | |
| ................... | ......................(Signature of witness) |
| (Name, occupation and address of witness) | |
| Signed by the above-named | |
| ................... | .......................(Signature of Transferee) |
| (Name of Transferor) | |
| In the presence of..................... | .......................(Signature of witness) |
| (Name, occupation and address of witness) |
| No. of the Certificate(s) | Date of issue | Place of issue | Face Value | Nominee(s) | ||
| Name(s) | Address | Date of birth | ||||
| Serial Number | Number of the Certificate(s) | Face Value of the Certificate(s) | Place of Issue | Date of Issue |
| Place...............Dated,the..........20Signatures and addresses ofwitnesses(1).........................….........................(2).........................…......................... | Signature of holder........Address........ |
| No. of Note N.B. — If the number is in afractional form, the upper No. only need be quoted. | Amount of each note | Amount of half-yearly interest | For how many half-years interest is due due | Total Amount due | Date up to which interest is due | [Name and address of holder of Notes] | |
| | Rs. | nP.] | Total[Deduct-Income-tax at.....percent.]Netamount payable | [Rs. | np.] |
1. Substituted by G.S.R. 736 dated 5th June, 1962.
Form IV-A[See Rule 9(3-A)] [Inserted by No. D-6285-B1/51, dated 28th July, 1951, Gazette of India, 1951 Pt. 1 Section 1 P.318.]Receipt for interest on Treasury Savings Deposit Certificates [Defence Deposit Certificates] [Inserted No G.S.R. 1509 dated 10th November, 1962.].............per cent...............Treasury Savings Deposits Certificates [Defence Deposit Certificates] [Omitted by G.S.R. 1614, dated 7th November, 1964]Received from the Government Treasury at...............interest due on Treasury Savings Deposit Certificates [Defence Deposit Certificates] [Substituted by G.S.R. 756, dated 5th July, 1962.] as follows:-| No.of Certificate | Amount on each Certificate | Amount of yearly interest | For how many 3*** years interest is due | Total amount due | Date up to which interest is due | Name of holder of Certificates | ||
| [Rs. | nP.] | Total[Deduct-Income-tax at percent.]Netamount payable | [Rs. | nP.] |
| No. of Certificate | Amount of of each certificate | Amount of yearly interest | For how many years interest is due | Total amount due | Date up to which interest is due | Name of holder of the Certificate | Remarks | |
| Rs. | P. |
| SEAL |
| Whereas I/we| am/arerepresent| represent the true and lawful owner/s of the Government securities specified in the Schedule "A" hereto annexed. |