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[Cites 0, Cited by 0] [Section 12] [Entire Act]

Union of India - Subsection

Section 12(4) in Public Debt Rules, 1946

(4)
(b)After the publication of the last notification prescribed in sub-rule (3) of this rule, the Bank shall, if it is satisfied of the loss, theft, destruction, mutilation or defacement of the note and of the justice of the claim of the applicant cause the particulars of the note to be included in a list such as is referred to in Rule 18 hereunder, and shall order the Public Debt Office.
(a)If only a portion of the note has been lost, stolen, destroyed, mutilated or defaced and if a portion of the note sufficient for its identification has been produced to pay interest and to issue to the applicant on the execution of an indemnity bond such as is hereinafter mentioned a duplicate note in place of that of which a portion has been so lost stolen destroyed mutilated or defaced and on the expiry of such period as the Bank may consider necessary from or immediately after the date of the publication of the said list,
(b)1f no portion of the note so lost, stolen, destroyed, mutilated or defaced sufficient for its identification has been produced-
(I)To pay to the applicant 6 months after the publication of the said list and on the execution of an indemnity bond in the manner hereinafter prescribed the interest in respect of the note so lost, stolen, destroyed, mutilated or defaced till the expiry of the period of [three years] [Substituted by S.R.O. 1475, dated 28.7.1953] as hereunder and
(i)If the date on which the note is due for repayment falls earlier than the date on which the said period of [3 years] [Substituted by S.R.O. 1459, dated 29.4.1954] expires the Bank shall within six weeks of the former date invest the principal amount due on the note in the Post Office Savings Bank unless before the expiry of such period the applicant has made specific request for the investment of the amount in securities of any of the current rupee loans of the [* * * *] [Omitted by No. 8(12)B/49, dated 23.10.1949] Government maturing not earlier than the date on which the duplicate is due for issue and in that case shall invest the amount in such securities and deposit the balance if any left after such investment in the Post Office Savings Bank. It shall repay the amount invested in the Post Office Savings Bank together with any interest which may have accrued thereon and, if any investment has been made in Government securities shall deliver such securities, together with the interest accrued thereon to the application at the time when a duplicate note would otherwise have been issued, and
(ii)if at any time before the issue of duplicate note the original note is discovered or it appears to the Public Debt Office for other reasons that the order should be rescinded the matter shall be referred to the Bank for further consideration and in the meantime all action on the order shall be suspended. An order passed under this sub-rule shall on expiry of the two years referred to therein become final unless it is in the meantime rescinded or otherwise modified.
(II)To issue the applicant a duplicate note in place of the note so lost, stolen, destroyed, mutilated or defaced two years after the date of publication of the said list; provided that-
(c)If the note has been lost by enemy action to pay interest and to issue to the applicant on the execution of an indemnity bond as is hereinafter mentioned a duplicate note immediately after the date of the publication of the said list.