Updated: Tuesday May 24, 2016/AthThulatha
Sha'ban 17, 1437/Mangalavara
Jyaistha 03, 1938, at 06:22:25 PM
The Flour Milling Control and Development
(Repeal) Ordinance, 1977
ORDINANCE No. XXIX OF 1977
[5th September, 1977]
An Ordinance to repeal the FIour Milling
Control and development Act, 1976 (LVII of 1976)
WHEREAS it is expedient to
repeal the Flour Milling Control and Development Act, 1976 and to provide for
matters connected therewith or incidental thereto;
NOW, THEREFORE, in
pursuance of the Proclamation of the fifth day of July, 1977 (CMLA order No. I
of 1977), read with the Laws (Continuance in Force) Order, 1977, and in
exercise of all powers enabling him in that behalf, the President is pleased to
make and promulgate the following Ordinance:---
1. Short title, extent
and commencement.—(1)
This Ordinance may be called the Flour Milling Control and Development (Repeal)
Ordinance, 1977.
(2) It extends to the whole
of
(3) It shall come into
force at once.
2. Definitions. In this Ordinance, unless there is
anything repugnant in the subject or context,---
(a) ”Present Value” means the Net Worth Value out of which shall
be deducted the value of any Fixed Tangible Assets and Current Assets as shown
in the Balance Sheet which are not handed over and to which shall be added (i)
the value of the Fixed Tangible Assets and Current Assets which do not appear
in the Balance Sheet but the possession of which is handed over at cost and
(ii) the decrease in the outstanding liabilities as shown in the Balance Sheet,
out of which shall be deducted the value of any new liabilities handed over;
(b) ”repealed Act” means the Flour Milling Control and
Development Act, 1976 (LVII of 1976); and
(c) other words and expressions shall have the same meaning as
in the repealed Act.
3. Return of establishments. — (1) Within one month of the
commencement of this Ordinance, or such longer period not exceeding six months
as the Federal Government may be notification in the official Gazette specify
in this behalf, the Corporation shall deliver possession of an establishment
the ownership and management of which has
been acquired under section 5 of the repealed Act to the previous management
thereof:----
Provided that, in any case
in which any amount is recoverable by the Corporation from the previous owner
of the establishment under sub-section (3) or sub-section (4) of section 5,
the Corporation may not so deliver possession of the establishment until such
amount has been recovered.
(2) On the delivery of the
possession of an establishment in pursuance of sub-section (1),---
(a) the Corporation shall stand divested of the ownership and
management of the establishment; and
(b) the ownership and management of the
establishment, alongwith its assets and liabilities as on the day on which its
possession is delivered, shall stand transferred to the persons in whom these
vested immediately before the making of an order under section 5 of the
repealed Act in respect of the establishment.
(3) No claim, suit,
prosecution or otherlegal proceedings arising out of the acquisition or return
of an establishment shall lie against the Government, the Corporation or any
officer or employee of the Government or the Corporation.
(4) Where the Federal
Government is satisfied that the previous management of an establishment has
refused or willfully failed to receive possession of the establishment, it may
pass such order in respect of the establishment as it may deem fit.
(5) In the case of an
establishment, for the purpose of computing the period of limitation
prescribed in the Limitation Act, 1908 (IX of 1908) for the institution of a
suit for the recovery of money, the period commencing on the day on which an
order under section 5 of the repealed Act was made in respect of the
establishment and ending on the day on which possession thereof is delivered to
its previous management shall be excluded.
(6) In the case of any
dispute between the previous management of an establishment and the Corporation
regarding the assets or liabilities of the establishment, the. matter shall be
referred to the Federal Government whose decision shall be final.
4. Continuance in service
of the employees. Every
whole time employee of an establishment on the date of making of an order under
section 5 of the repealed Act, in respect of the establishment, and every
whole-time employees who has worked continuously in an establishment since
before the first day of July, 1977, shall continue in his office on the same
terms and conditions as are applicable to his appointment:---
Provided that this section
shall not apply to employees who had resigned or been removed by the
Corporation from its service.
5. Compensation.—(1) The Corporation shall pay
compensation in respect of an establishment at the rate of 11 per cent per
annum of the amount determined as payable in accordance with paragraphs 1 and 2
of the Schedule to the repealed Act for the period the ownership and management
of the establishment remained with the Corporation.
(2) In a case in which the
Networth Value is higher than the Present Value, the Corporation shall pay the
difference between the Networth Value and the Present Value of the assets and
liabilities transferred to the previous owners, both such difference and the
Present Value to be determined by the Corporation.
(3) Where the Present Value
is higher than the Networth Value, the Corporation may recover from the
pervious owner, in accordance with the provisions of section 7 or in any other
manner it may deem fit, the amount representing the difference between the
Networth Value and the Present Value.
(4) Where a previous owner
has received payment of compensation assessed in accordance with paragraphs 1
and 2 of the ' Schedule to the repealed Act, such compensation shall be
recovered from him in the same manner as is provided in sub-section (3):---
Provided that any interest
which has accrued on any compensation bonds given to such previous owner shall
not be withheld or, as the case may be, recovered and shall be deemed to be
the compensation payable under sub-section (1).
6. Corporation to
continue until wound up. Notwithstanding
the repeal of the repealed Act under section 14, the Corporation shall continue
in existence until it is wound up by an order of the Provincial Government.
7. Debtor.—(1) The Corporation may, by notice in
writing, call upon a debtor to pay to the Corporation the amount of money due
from him to the Corporation within a period of thirty days commencing from the
date of receipt of such notice by the debtor.
(2) Where the debtor fails
to pay the amount due from him within the period specified in the notice under
sub-section (1), the Corporation shall have the same power of effecting
recovery as the Industrial Development Bank of Pakistan has under sections 39,
40 and 41 of the Industrial Development Bank of Pakistan Ordinance, 1961 (XXXI
of 1961).
8. General effect of
return of establishment.—(1)
Where the management of an establishment has been transferred to the previous
management under section 3, all contracts, agreements and other instruments of
whatever nature subsisting or having effect immediately before the date of
transfer, to which such establishment, was party or which were in respect of
such establishment, shall be of as full force and effect against or in favour
of previous management, and may be enforced or acted upon as fully and
effectively as if, instead of the Corporation, the previous management had been
a party thereto, or as if they had been entered into, or issued in respect of,
the previous management.
(2) If on the date of
transfer of an establishment to the previous management any suit, appeal or
legal proceeding of whatever nature is pending by or against the Corporation
in respect of such establishment, it shall not abate or be in any way prejudicially
affected by reason of such transfer or anything done under this Ordinance or
the repealed Act, but the suit, appeal or other proceeding may be continued,
prosecuted and enforced by or against the previous management.
9. Ordinance to override
other laws. The
provisions of this Ordinance shall have effect notwithstanding anything
contained in any other law for the time being in force or any agreement,
contract, memorandum or articles of association of a company.
10. Bar of jurisdiction.—(1) No Court shall call into question or
permit to be called in question any provision of this Ordinance or of any rule
or order made or, anything done or any action taken thereunder.
11. Penalties. Whoever obstructs or resists or hinders
any person in the discharge of his duties under this Ordinance shall be
punishable with rigorous imprisonment for a term which may extend to three
years, or with fine, or with both:---
Provided that no Court
shall take cognizance of an offence under this Ordinance unless a complaint in
this behalf is made by the Government or the Corporation or a person authorised
by the Government or the Corporation for the purpose.
12. Power to make rules. The
Federal Government may make rules for carrying out the purposes of this Ordinance.
13. Removal of difficulties. If any difficulty arises in giving
effect to any provision of this Ordinance, the Federal Government may make such
order, not inconsistent with the provisions of this Ordinance, as may appear to
it to be necessary, for the purpose of removing the difficulty.
14. Repeal. The Flour Milling Control and Development
Act, 1976 is repealed.
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