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Union of India - Section

Section 6 in Public Debt (Compensation Bonds) Rules, 1954

6. Procedure when a bond is lost, etc.-

(1)When a bond is lost, stolen, destroyed, mutilated or defaced, the person entitled thereto may apply for the issue of a duplicate bond in the manner laid down in sub-rule (3) to the Public Debt Office at which the bond is registered with a statement showing particulars, such as number, amount and description of the bond.
(2)The Bank may by its order suspend payment of instalments on or the maturity value of the bond or postpone the making of any order under section 11 of the Act until the vesting order has been made.
(3)Every application for the issue of a duplicate bond in place of a bond which is alleged to have been lost, stolen, destroyed, multilated or defaced, either wholly, or in part, shall be accompanied by
(a)a statement of the following particulars, namely:
(i)the last half-year or year for which instalment has been paid:
(ii)the person to whom such instalment was paid:
(iii)the person in whose name the bond was issued (if known);
(iv)the place for payment of instalments at which the bond was for the time being enfaced;
(v)the circumstances attending the loss, theft, destruction, mutilation or defacement,: and
(vi)whether the loss or theft was reported to the police.
(b)the Post Office registration receipt for the letter containing the bond, 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)whether the last payment of instalment was not made by a warrant issued by the Public Debt Office, a letter signed by the officer of the treasury where instalment was last paid, certifying the last payment of instalment on the bond 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 bond was originally issued, an affidavit sworn before a Magistrate testifying that the applicant was the last legal holder of the bond 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 bond.
(4)A duplicate of the letter sent to the Public Debt Office, but not of its enclosures, shall also be sent to the treasury where instalments are payable.
(5)The loss, theft, destruction, mutilation, or defacement of a bond, or a portion of a bond shall be further notified by the applicant in three successive issues of the Official Gazette of the Government issuing the bond and if the loss, theft, destruction, mutilation or defacement occurred at a place outside the State of the Government issuing the bond, also in three successive issues of the Official Gazette, if any, of the State in which such place in situated. Such notification shall be in the form following, or as nearly in such form as circumstances permit:"Lost" ("stolen", "destroyed", "mutilated", or "defaced" as the case may be)"The Bond no. of the Government for Rs. Originally standing in the name of and last endorsed to the proprietor, by whom it was never endorsed to any other person, having been lost (stolen, destroyed, mutilated, or defaced) notice is hereby given that payment of the above bond and the instalments thereupon have been stopped at the Public Debt Office, and that application is about to be made for the issue of a duplicate in favour of the proprietor. The public are cautioned against purchasing or otherwise dealing with the above mentioned bond.Name of person notifying:Residence:
(6)After the publication of the last notification prescribed in sub-rule (5), the Bank shall, if it is satisfied of the loss, theft, destruction, mutilation or defacement, of the bond and of the justice of the claim of the applicant, cause the particulars of the bond to be included in a list such as is referred to in rule 7 hereunder and shall order the Public Debt Office-
(i)if only a portion of the bond has been lost, stolen, destroyed, mutilated or defaced, and if a portion of the bond sufficient for its identification has been produced, to issue to the applicant, cn the execution of an indemnity bond such as is hereinafter mentioned, a duplicate bond in place of that of which a portion has been lost, stolen, destroyed, mutilated or defaced on the expiry of such period not exceeding six months as the bank may consider necessary from or immediately after the date of the publication of the said list; and
(ii)if no portion of the bond so lost, stolen, destroyed, mutilated or defaced, sufficient for its identification has ben produced to issue to the applicant, on the execution of an indemnity bond such as is hereinafter mentioned, a duplicate bond in place of the bond so lost, stolen, destroyed, mutilated or defaced one year after the date of publication of the said list : provided that
(a)if the date on which the final instalment of the bond is due for payment falls earlier than the date on which the said period of one year expires, or if the bond is notified for redemption before that date, the Bank shall pay all the outstanding instalments after the expiry of the said period of one year without issuing a duplicate bond: and
(b)if at any time before the issue of a duplicate bond, the original bond 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.
(7)The Bank may, at any time prior to the issue of a duplicate bond, if it finds sufficient reason, alter or cancel any order made by the Bank under this rule and may also direct that the interval before the issue of a duplicate bond shall be extended by such period not exceeding one year as it may think fit.
(8)Indemnity Bonds.-(i) An indemnity bond, when executed under sub-rule(6) and not under rule 12 shall be for twice the amount of the instalments involved, that, is to say, twice the amount of all back instalments accrued due on the bond plus twice the amount of all instalments to accrue due thereon.
(ii)The Bank may direct that such indemnity bond shall be executed by the applicant alone or by the applicant and one or two sureties as it may think fit, or that in lieu of furnishing personal sureties the applicant shall furnish collateral security in the shape of Government securities to be deposited with it for such amount and period as it may think fit.
[6-A. Procedure when a stock certificate is lost, etc.- [Substituted by S.R.O. 1196, dated 19.5.1956]
(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 by 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 in his possession nor has it been transferred, pledged or otherwise dealt wtih by him; and
(d)any portions or fragments which may remain of the lost, stolen, destroyed, mutilated or defaced stock certificate.
(2)The circumstances attending the loss shall be stated in the application.
(3)The Bank shall, if it is satisfied of the loss, theft, destruction, mutilation or defacement of the stock certificate, order the Public Debt Office to issue a duplicate stock certificate in lieu of the original certificate.]