Updated: Tuesday May 24, 2016/AthThulatha
Sha'ban 17, 1437/Mangalavara
Jyaistha 03, 1938, at 07:00:31 PM
The Rice Milling Control and Development
(Repeal) Ordinance, 1977
ORDINANCE No. XXX OF 1977
[5th September, 1977]
An Ordnance to repeal the Rice Milting
Control and Development Act, 1976.
WHEREAS it is expedient to
repeal the Rice Milling Control and Development Act, 1976 (LVIII of 1976), and
to provide for matters connected therewith or incidental thereto;
AND WHEREAS the President
is satisfied that circumstances exist which render it necessary to take
immediate action;
NOW, THEREFORE, in
pursuance of the Proclamation of the fifth day of duly, 1977, read with the
Laws (Continuance in Force) Order, 1977 (CMLA Order No. I of 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 Rice 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anything repugnant in the subject or context, “repealed Act” means the Rice
Milling Control and Development Act, 1976 (LVIII of 1976), and 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expressions shall have the same meaning as in the repealed Act.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 by 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repealed Act to the previous management thereof:---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 6,
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, along
with its assets and liabilities as on the day on which its possession is
delivered, shall stand transferred to the persons in whom those vested
immediately before the making of an order under section 5 of the repealed Act
is respect of the establishment.
(3) No claim, suit,
prosecution or other legal proceedings arising out of the acquisition or return
of an establishment shall lie against the Federal Government or the Corporation
or any officer or employee of the Federal Government or the Corporation.
(4) Where the Federal
Government is satisfied that the previous management of an establishment has
refused or wilfuly 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 an order
under section 5 of the repealed Act in respect of the establishment, and every
whole‑time employee who has worked continuously in an establishment since
before the fist 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. Regulation of
movement etc. of paddy and rice.‑The Federal Government, or a Provincial Government if so
authorised by it, may, if it considers it necessary in the public interest to
do so, by notification in the official Gazette, provide for,---
(a) regulating or prohibiting the keeping, storage, movement,
transport supply, distribution, disposal, acquisition or use of, and trade and
commerce in, paddy and rice;
(b) controlling the prices and grading of paddy and rice ; and
(c) regulating the milling of rice.
6. 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
Net-worth Value is higher than the Present Value, the Corporation shall pay the
difference between the Net-worth 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 Net-worth Value the Corporation may recover from the
previous owners, in accordance with the provisions of section 8 or in any other
manner it may deem fit, the amount representing the difference between the
Net-worth 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 is 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).
7. Corporation to
continue until wound up.‑Notwithstanding
the repeal of the repealed Act under section 15, the Rice Milling Corporation
of
8. 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 (I), 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).
9. 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 a party or which were in respect of
such establishment, shall be of as full force and effect against or in favour
of the 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.
10. Ordinance to
override other laws.‑The
provisions of this Ordinance shall have effect notwithstanding anything
contained in any other law for the time being is force or any agreement,
contract, memorandum or articles of association of a company.
11. 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 notion taken thereunder,
12. Penalties.‑Whatever,---
(a) Obstructs or resists or hinders any person in the discharge
of his duties under this Ordinance; or
(b) contravenes any notification under section 5; 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 Federal Government or the Corporation or a person
authorised by the Federal Government or the Corporation for the purpose.
13. Power to make rules.‑The Federal Government may make
rules for carrying out the purposes of this Ordinance.
14. 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.
15. Repeal.‑The Rice Milling Control and
Development Act, 1976 (LVIII of 1976), is repealed.
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