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State of Punjab - Section

Section 1st in The Punjab Insolvency Rules

1st.

, 2nd or 3rd dividend as the case may be _______________Present Dividend declared on ______________________________Amount available for disbursement Rs. _____________________Amount of present dividend Rs.Rate per rupee on proved liabilities drawn on cash book voucher No. __________ Dated _______
S.no. Schedule No. of creditor Name of creditor Original amount of debt admitted to schedule Amount paid therefrom up-to-date of his dividend Balance due to creditor Amount payable under this dividend Number and date of cheque on which drawn Date of handing over cheque to the payee Date of cancellation of cheque and transfer of amount todeposit register Number of deposit register Balance still due to creditor Remarks
1 2 3 4 5 6 7 8 9 10 11 12 13
      Rs. Rs. Rs. Rs.         Rs.  
Form No. 20List of Office Furniture
S. No. Particulars of furniture Date of Purchase No. and month of cash book's voucher Value Purpose for which it is used Signature of official receiver Remarks
1 2 3 4 5 6 7 8
               
Form No. 21Stock Book Showing Details of the Articles of Stationery, etc. Received or issued during the Year 19 _____. In the Office of theNote. - All entries in this Register relating to receipts of articles should be made in red ink and all issues in black ink. Columns 4 to 24 are left blank to be filled in with names of articles received and issued.Form No. 22Malkhana Register
S. No. Name of estate Particulars of property Date of possession Date of disposal Remarks
           
Form No. 23Malkhana LabelsName of Estate ___________________________Date of possession _______________________Serial No. of "Malkhana" Register _________Form No. 24Fidelity Bond(See rule 1 of Chapter 4-E, High Court Rules and Orders, Volume II)Amount of guarantee Rs. ________________Annual premium Rs. _____________________Know all men by these presents that _______________(hereinafter referred to as the 'said employed') and the _________are held jointly and severally bound unto the Governor of the Punjab/Haryana, Chief Commissioner, Chandigarh, his successors in office and assigns (hereinafter called 'Government') in the sum of _________ rupees (hereinafter called the 'amount guaranteed') to be paid to the Government for which payment to be well and faithfully made the Official Receiver and the said Company for itself and its successors do hereby bind themselves firstly by these presents.Signature of the Official Receiver.Sealed with the seal of the said Company (or signed by an authorised agent).Dated the ________________day of ___________in the year one thousand nine hundred and ________________.Whereas the said Employed hath been appointed Official Receiver for the district of _________________and having been required to enter into a bond for the due and faithful discharge of his duties while he shall be employed in the said office, and also to find a surety who shall enter into a bond for the sum of _________________rupees the said Company at the request of the said Employed, hath agreed to become such surety for him, in respect of such due and faithful discharge of his duties while employed in the said office as aforesaid, or in any office attached or incident to the same (hereinafter described as the "said office") (and as well in respect of the present duties of his said office, as of any new or altered duties which may be imposed on or attached to the said office or the said Employed as such officer, by any law, Rule, Regulation, Practice or otherwise) for the period of twelve calendar months from the day of ___________19 __in consideration of the said Employed having paid to the said company the amount set out in figure at the head of these presents and there designated "Annual Premium", prior to the execution of the above written Bond and the said Company hath agreed to become such surety as aforesaid for the further period of twelve calendar months, and so on from year to year at the option of the said Company upon receiving from the said Employed the said annual premium, to be paid by him to the said Company on or before the _______________day of _____________ in each year prior to the determination of the present or the then current year, but the said Company is to be at liberty to determine its further liability at the end of the present or any current year, by giving notice in writing to the District Judge of _______ _______ district for the time being as hereinafter mentioned, and if at any time notice in writing shall be given as hereinafter mentioned to the said Company at their office in _____________that any loss or damage whatever has been occasioned by the acts or defaults of the said Employed in respect of his said employment, the liability of the said Company as to any future loss or damage shall then also cease as from the date of the service of such notice, and the year during which the said Company hath now agreed, or shall be acceptance of the said premium in future agree to become such surety, shall by called the year of Guarantee, and shall commence on the __________day of _______in each year independently of the time when the said premium shall be paid and the liability of the said Company shall extend to all acts and defaults of the said Employed during that year, or until end shall be put to further liability by such notice in writing declaring loss or damage as aforesaid.Now the condition of the above written Bond or obligation is such that if the said Employed shall and do during the said period of tweleve calendar months from the said _________________day of _____________19 and during such other period as the said Company shall become or continue to be such surety as aforesaid, by acceptance of the said renewal premium or until notice of some loss or damage shall be given, as hereinafter mentioned, from time to time and at all times during the continuance of his said office, well and sufficiently perform and execute all and singular the duties of his said office, or of or belonging to him as such officer, or belonging to or in any way imposed upon him by reason of his being such officer, and conduct himself with fidelity, integrity, and punctuality in and concerning the matters and things which shall be entrusted to him as such officer, or in respect of such duties as aforesaid and do and shall well and truly pay and apply all property including cash, coin, currency notes, stock notes, cheques, postal money orders, hundis, promissory notes, bills of exchange, securities, script, shares, bullion, jewellery, precious stones, crops, cattle, documents, records, accounts, vouchers, books, papers and all other property whatsoever both movable and immovable as shall from time to time, come to his hands by virtue of such office or duties as aforesaid, or to the hands of his deputies, assistants, agents or other persons acting under his authority or on his behalf, or any of them respectively, and do and shall also well and truly pay all sums of money which he shall or may become liable to pay for any neglect or misbehaviour in his said office, or in respect of his said duties, and do and shall at all times, when duly required, produce and render true and correct accounts of the receipt, payment and application of all such property, as aforesaid, as shall so come to the hands of him. The said Employed, as aforesaid, or to the hands of his assistants or other persons acting under his authority or on his behalf, with proper and sufficient vouchers for the due application, thereof and shall not in any way, take to his own use misapply end or embezzle, make away with, neglect to account for, loses or hazard any property whatsoever as aforesaid, or any part thereof and do and shall at the expiration or other termination of his said office or duties deliver upto to the person duly authorised to receive the same, all books, papers, documents and accounts relating to his said office or duties and do and shall pay and deliver to the person or persons duly authorised to receive the same, the balance (if any) of any such property, as aforesaid, remaining in the hands of and due from him the said Employed and shall not at any time quit or neglect the performance of his said duties or resign his said office without giving three months' notice in writing to the District Judge of _____________for the time being, or if, upon any award in arbitration being given under the hand of the District Judge of _________________for the time being, certifying and declaring the amount of any loss or damage occasioned by the acts or defaults of the said Employed subsequent to the said _______________day of ___________19 in respect of such employment, the said Employed, his heirs, executors or administrators or the said Company or their successors do and shall pay and make good to the Government the sum stated in such award as the amount of such loss or damage then the above written bond or obligation shall subject as hereinafter mentioned, be void, or else be and remain in full force and virtue :Provided always that first, if any such award certifying and declaring the loss or damage shall be given as aforesaid; or Secondly, if the said Employed shall omit to pay to the said Company on or before the ____________day of ______________19 in any year of guarantee the annual premium aforesaid and the said Company shall give notice in writing of such default to the District Judge aforesaid for the time being one calendar month prior to termination of the then current year of guarantee, unless the said Employed shall cause the said annual premium to be paid to the said Company before the expiration of the then current year of guarantee; Thirdly, if the said Company shall give notice in writing to the District Judge aforesaid for the time being one calendar month previous to the termination of any year of guarantee that they will not continue their suretyship beyond the then current year of guarantee; or Fourthly, if the said Company shall refuse to renew the said suretyship by declining to accept the said premium from the said Employed, and thereof shall give notice to the said District Judge aforesaid for the time being one calendar month previous to the termination of the then current year of guarantee then in the first case from and immediately after giving of such award and in the Second, Third and Fourth cases from and immediately after the expiration of the then current year of guarantee all further liability of the said Company as such surety as aforesaid shall cease, save and except as to the right of the Government to indemnify from loss or damage arising from all or any acts or defaults of the said Employed previously committed in relating to such employment as aforesaid :Provided always and it is hereby agreed and declared that this bond is entered into by the said Company on the condition that the capital, stock and fund for the time being of the said Company, other than the Life Assurance Funds, shall alone be liable to answer and make good all claims or demands, in respect of this bond, and that no Director or other Proprietor or Holder of shares of the said Company shall in any manner be personally or subject to any claims or demands by reason of such Bond beyond his or her particular share or shares of such capital, stock and funds :Provided always and it is hereby agreed and declared that if any dispute arises between Government and either or both the other parties to this Bond as to his or their liability thereunder or as regards the meaning of operation of any part thereof or the rights, duties, or liabilities of any party for whether this Bond should be enforced, or, if enforced, as regards the rights and obligations of the parties as a result of such enforcement, then such difference or dispute shall be referred for arbitration to the District Judge for the time being at __________his decision shall be final and binding and where the matter involves a claim for or the payment or recovery or deduction of money only the amount, if any, awarded in such arbitration shall be recoverable in respect of the matter so referred :"Provided always and it is hereby agreed and declared that while and so long as the above written Bond or obligation shall remain in force, on each occasion on which the accounts of the Employed, as official Receiver, shall be audited by the appropriate Government Department, the said District Judge shall upon demand by the Company, furnish to the Company a copy of the note recorded at and containing the results of such audit, which copy shall be duly certified to be correct by an officer of the Court of the District Judge."In witness whereof the said _______________hath hereunto set his hand and seal and the _________________have hereunto caused their common Seal or the signature of their authorised agents to be affixed the day and year first above written.Signed, Sealed and Delivered by the said ______________in the presence of ______________.
(Witness)(Signature of the Official Receiver)
Sealed with the common Seal of the said Company.
___________ Director___________ Signed by an authorised agent of the Company
___________ Manager  
Accepted.
(Signature)District Judge _______District for and on behalf of the Governor of Punjab/Haryana/ Chief Commissioner, U.T., Chandigarh.
No.Entered.Examiner.Note 1 - The Bond may be signed, instead of the Directors and Managers by any authorised agent of the Company (Vide resolution No. 8 Judges' Meeting, dated the 25th January, 1937).Note 2 - The words 'sealed with the common seal of the said Company' and all references to the seal of the Company may be deleted and the words 'Branch Manager' substituted for the words 'Director' and 'Manager' when the Bond is executed and signed by an agent of the Company who is authorised to sign and bind the Company.Form No. 25(Security Bond)Whereas I, _________________, son of ______________________, Caste ___________, resident of ________________, in the _______________district of the Punjab/Haryana/U.T., Chandigarh have been appointed to the office of the Official Receiver in the ____________________district of the Punjab/Haryana/U.T., Chandigarh upon the condition inter alia that I do furnish proper security in the sum of Rs. 10,000/- (Rupees ten thousand only) for the due and faithful discharge of my duties while employed in the said office or in any office attached or incident to the same (hereinafter described as the said office) and for the due accounting for all property by me at any time held or received by virtue of my said office.Now, therefore, this security Bond witnesseth as follows, that is to say:-Clause I. - In this Security Bond and for the purposes of each and all of the provisions thereof the expressions -
(a)"Government" means the Governor of the Punjab/Haryana/Chief Commissioner, Chandigarh, acting by and through the ________________.
(b)"Official Receiver" means ________________, son of _____________, caste________________, resident of ____________________, in the ______district of the Punjab/Haryana/U.T., Chandigarh at present holding the office of Official Receiver in the __________________district of the _______________Punjab/Haryana/U.T., Chandigarh.
(c)"Property" includes cash, coin, currency notes, stock notes, cheques, postal money orders, hundies, promissory notes, bills of exchange, Government and other securities, script, shares, bullion, jewellery, precious stones, crops, cattle, documents, records, accounts, vouchers, books, papers and all other property whatsoever both movable and immovable.
Clause II. - The Official Receiver is held and firmly bound to Government in the sum of Rs. 10,000/- (Rupees ten thousand only) as security for the due and faithful discharge of the duties of his said office, that is, he shall from time to time and at all times during the continuance of his said office work and sufficiently perform and execute all and singular duties of his said office or of belonging to him as such officer or belonging to or in any way imposed upon him by reason of his being such officer and conduct himself with fidelity, integrity, and punctuality in and concerning the matters and things which shall be entrusted to him as such officer or in respect of such duties as aforesaid and do and shall well and truly pay and apply all property as shall from time to time come to his hands by virtue of such office or duties as aforesaid or to the hands of his deputies, assistants, agents or other persons acting under his authority or on his behalf or any of them respectively and do and shall also well and truly pay and apply all property whatsoever which he shall be or may become liable to pay or apply for any neglect or misbehaviour in his said office or in respect of his said duties and do and shall at all times when duly required produce and render true and correct accounts of the receipt, payment and application of all property whatsoever as shall so come to the hands of him the Official Receiver as aforesaid or to the hands of his assistants or other persons acting under his authority or on his behalf with proper and sufficient vouchers for the due application thereof and shall not in any way take to his own use, lend or embezzle, make away with, neglect to account for, lose or hazard any such property as aforesaid or any part thereof and do and shall at the expiration or other termination of his said office or duties deliver up to the person duly authorised to receive the same all books, papers, documents and accounts relating to his said office of duties and do and shall pay and deliver to the person or persons duly authorised to receive the same the balance (if any) of the property as aforesaid remaining in the hands of and due from him the said Official Receiver.Clause III. - The Official Receiver has deposited the sum of rupees ten thousand in cash and or has deposited Government Promissory notes of the face value of rupees ________________in the said district as a security deposit for the due and faithful performance of his duties as Official Receiver and the due accounting by him of the property held by him as aforesaid.Clause IV. - All interest which may from time to time accrue due and become payable upon the security deposit aforesaid shall be paid to the Official Receiver, but the principal amount of the security deposit shall continue to be held and retained by the Government subject to each and all of the terms and conditions of this security bond and until it shall be and become payable to the Official Receiver according to all or any of the provisions of the said Bond.Clause V. - This Security Bond shall be deemed to be and be a Bond entered into under the orders of the Government for the performance of a public duty within the meaning of Section 74 of the Indian Contract Act, 1872, and the whole sum secured shall be liable to be realised and forfeited to the Government in the event of any breach by the Official Receiver of all or any of the terms or conditions thereof.Clause VI. - The Government or any officer having authority in this behalf under it shall, subject to the provisions of Clause VII and VIII hereinafter appearing hold and retain the security (deposit) so long as the following conditions obtain, this is to say:-
(a)The Official Receiver shall during his continuance in the office aforesaid faithfully, diligently and honestly discharge all and singular his duties as laid down in clause II hereof and shall not any time quit or neglect the performance of the said duties or resign his said office without giving ____________________months' notice in writing to the District Judge for the time being of ________________of his desire to resign the said office.
(b)The Official Receiver shall during the continuance or his said Office indemnify and save harmless the Government from and against all losses, costs, damages, and expenses which shall or may at any time or times hereafter be sustained by Government or any officer of Government from or through the neglect, failure, misconduct, disobedience, omission or insolvency of the said Official Receiver or any person serving under or employed by him or from or through the consuming wasting, embezzling, stealing, mis-spending, losing, misapplying or otherwise dishonestly or negligently or through oversight or violence making away or parting with any property or part or parts thereof by any person or persons whom-so-ever, while the Official Receiver shall continue to act in any such office.
Clause VII. - In the event of any breach of or default in all or any of the conditions hereinbefore in the preceding clause set forth and provided the Government may take and forfeit to itself the while amount of the security (deposit):Provided that the Government, may, instead of taking and forfeiting to itself the whole amount of the security (deposit) retain only so much thereof as it may, in its absolute discretion deem adequate to compensate, reimburse or indemnify it in respect of loss or damage or inconvenience sustained by reason of the breach or default committed and may refund any balance to the Official Receiver but neither the Official Receiver nor his lawful heirs, representatives or assigns shall have any right or claim to any such refund.Clause VIII. - In the event of the Official Receiver quitting or being relieved of the office of Official Receiver or for any reason becoming incapable of further service in his said office or dying the security (deposit) shall if there shall have been no breach or default in all or any of the conditions hereinbefore in Clauses VI hereof set-forth and provided and if there shall be no claim or demand outstanding against the Official Receiver in favour of Government, be refunded and paid to the said Official Receiver or to his lawful heirs, legal representatives or assigns as the case may be :Provided that the Government may, in its discretion, retain the security (deposit) for a period not exceeding six months after the date on which the Official Receiver quits the service of the Government or becomes incapable of further service in the said office, or dies, for the purpose of ascertaining or satisfying itself that there has been no breach or default as aforesaid and that no claim or demand is so outstanding.Clause IX. - The forfeiture or refund as the case may be, of the security (deposit) shall not, in any way affect, limit or extinguish any remedy or relief to which the Government may at any time be lawfully entitled against the said Official Receiver in respect of anything done or omitted to be done by him as Official Receiver, either before or after such forfeiture or refund and nothing in this security Bond contained shall be deemed to relieve the Official Receiver from any suit, prosecution or proceeding to which he may be liable under any law for the time being in force in respect of anything by him at any time done or omitted.In Witness whereof the said Official Receiver has hereunto subscribe his name at ________________________on the _________________day of _____19 .NameOfficial Designation.