Rice Milling Control and Development (Repeal) Ordinance, 1977

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THE RICE MILLING CONTROL AND DEVELOPMENT 
(REPEAL) ORDINANCE, 1977 
 
              
CONTENTS 
1. Short title, extent and commencement 
2.  Definitions 
3.  Return of establishments 
4.  Continuance in service of the employees 
5.  Regulation of movement etc. of paddy and rice 
6. Compensation 
7.  Corporation to continue until wound up 
8.  Debtor 
9.  General effect of return of establishment 
10.  Ordinance to override other laws 
11.  Bar of jurisdiction 
12.  Penalties 
13.  Power to make rules 
14. Removal of difficulties 
15.  Repeal 
 
 

 
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THE RICE MILLING CONTROL AND DEVELOPMENT (REPEAL) 
ORDINANCE, 1977 
ORDINANCE No. XXX OF 1977 
[5th September, 1977] 
 
An Ordnance to repeal the Rice Milling Control and Development Act, 1976 (LVIII of 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 July, 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 Pakistan. 
 (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context, “repealed Act” means the Rice Milling Control and Development Act, 1976 (LVIII of 
1976), and other words and expressions shall have the same meaning as in the repealed Act. 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the repealed Act to the previous management thereof: 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 
   
 
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(b)  the ownership and management of the establishment, along with its assets and 
liabilities as on the day on whi ch its possession is d elivered, sh all st and 
transferred  to  the  p ersons  in  whom  those  v ested  immediately  before  the 
making of an order und er se ction 5 of the repealed A ct i n 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 wilfully 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 who le-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  h as  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. 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, dist ribution, 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. 
 
 
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(2) In a case in  which the N etworth Value is higher t han 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 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 Pakistan shall continue in existence until it 
is wound up by an order of the Federal Government. 
 
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 noti ce under sub -section (1), the Corporation shall have the s ame 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 p revious management under section 3, all contracts, 
agreements and other instruments of wh atever nature subsisting or h aving 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 p revious 
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 in force or any agreement, 
contract, memorandum or articles of association of a company. 
 
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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 
action taken thereunder, 
 
(2)  No  Court  shall  give  any injunction  or  make  any order,  nor  shall  any Court 
entertain any p roceedings, in relation to anything done or intended to be done under this 
Ordinance. 
 
12. Penalties. Whoever― 
 
(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, on 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 Cont rol and Development Act, 1976 (LVIII of 1976), is 
repealed. 
 
  
 
 
 
 
 
 
 
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