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State of Uttar Pradesh - Section

Section 14 in The U.P. Avas Evam Vikas Parishad (Raising of Loans) Rules 1972

14. Issue of duplicate debentures.

(1)When a debenture issued under the Act is lost, stolen or destroyed either wholly or in part or has been defaced or mutilated and a person claims to be the person to whom but for the loss, theft, destruction, defacement or mutilation it would be payable, he may, on application to the Housing Commissioner and on producing proof of his satisfaction of the loss, theft, destruction, defacement or mutilation and of the justice of the claim, obtain from him order -
(a)if the debenture alleged to have been lost, stolen, destroyed, defaced or mutilated is payable more than six years after the date of publication of the notification referred to in sub-rule (2) -
(i)for the payment of interest in respect of the debenture pending the issue of a duplicate debenture; and
(ii)for the issue of a duplicate debenture payable to the applicant; or
(b)if the debenture alleged to have been lost, stolen, destroyed, defaced or mutilated is payable not more than six years after the date of publication of the notification referred to in sub-rule (2);
(i)for the payment of interest in respect of the debenture, without the issue of a duplicate debentures, and
(ii)for the payment to the applicant of the principal sum due in respect of the debenture on or after date on which the payment becomes due.
(2)An order shall not be passed under sub-rule (1) until after the issue of a notification of the loss, theft, destruction, defacement or mutilation of the debenture in the Gazette and at least in one local newspaper having wide publicity and after the expiration of a period of one month from the date of publication of the notification in the Gazette nor until the applicant has given such indemnity as may be required by the Board against the claims of all persons deriving title under the debenture lost, stolen, destroyed, defaced or mutilated. The applicant shall bear the cost of publication in the newspaper.
(3)A list of the debentures in respect of which an order is passed under sub-rule (1) shall be published in the Gazette.
(4)If at any time before the Board becomes discharged under the provisions of rule 17 from liability in respect of any debenture the whole of which is alleged to have been lost, stolen, destroyed, defaced or mutilated, such debenture is found, any order passed in respect thereof under this rule shall be cancelled but subject to any payment of principal or interest already made.