{ "schema_version": "qanun-law-text/1", "id": "pk-code-ac850b0f542f64a6", "title": "Rice Milling Control and Development (Repeal) Ordinance, 1977", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2Fua5Y%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "543e14f5323f508ae2eb93694635608eb6349c2be5c3f83496aa851104924010", "source_sha256": "543e14f5323f508ae2eb93694635608eb6349c2be5c3f83496aa851104924010", "text_version_id": "law:pk-code-ac850b0f542f64a6:sha256:543e14f5323f508ae2eb93694635608eb6349c2be5c3f83496aa851104924010", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 5 \r\n \r\n \r\n \r\n \r\n \r\nTHE RICE MILLING CONTROL AND DEVELOPMENT \r\n(REPEAL) ORDINANCE, 1977 \r\n \r\n \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Return of establishments \r\n4. Continuance in service of the employees \r\n5. Regulation of movement etc. of paddy and rice \r\n6. Compensation \r\n7. Corporation to continue until wound up \r\n8. Debtor \r\n9. General effect of return of establishment \r\n10. Ordinance to override other laws \r\n11. Bar of jurisdiction \r\n12. Penalties \r\n13. Power to make rules \r\n14. Removal of difficulties \r\n15. Repeal \r\n \r\n \r\n\r\n \r\nPage 2 of 5 \r\n \r\nTHE RICE MILLING CONTROL AND DEVELOPMENT (REPEAL) \r\nORDINANCE, 1977 \r\nORDINANCE No. XXX OF 1977 \r\n[5th September, 1977] \r\n \r\nAn Ordnance to repeal the Rice Milling Control and Development Act, 1976 (LVIII of 1976) \r\n \r\n WHEREAS it is expedient to repeal the Rice Milling Control and Development Act, \r\n1976, (LVIII of 1976) and to provide for matters connected therewith or incidental thereto; \r\nAND WHEREAS the President is satisfied that circumstances exist which render it \r\nnecessary to take immediate action; \r\n \r\nNOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, \r\nread with the Laws (Continuance in Force) Order, 1977 (CMLA Order No. I of 1977) and in \r\nexercise of all powers enabling him in that behalf, the President is pleased to make and promulgate \r\nthe following Ordinance:― \r\n \r\n 1. Short title, extent and commencement.―(1) This Ordinance may be called the Rice \r\nMilling Control and Development (Repeal) Ordinance, 1977. \r\n (2) It extends to the whole of Pakistan. \r\n (3) It shall come into force at once. \r\n2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or \r\ncontext, “repealed Act” means the Rice Milling Control and Development Act, 1976 (LVIII of \r\n1976), and other words and expressions shall have the same meaning as in the repealed Act. \r\n \r\n3. Return of establishments. (1) Within one month of the commencement of this \r\nOrdinance, or such longer period not exceeding six months as the Federal Government may by \r\nnotification in the official Gazette specify in this behalf, the Corporation shall deliver possession \r\nof an establishment the ownership and management of which has been acquired under section 5 of \r\nthe repealed Act to the previous management thereof: \r\n \r\nProvided that, in any case in which any amount is recoverable by the Corporation \r\nfrom the previous owner of the establishment under sub-section (3) or sub-section (4) of \r\nsection 6, the Corporation may not so deliver possession of the establishment until such amount \r\nhas been recovered. \r\n \r\n (2) On the delivery of the possession of an establishment in pursuance of sub-section \r\n(1)― \r\n(a) the Corporation shall stand divested of the ownership and management of the \r\nestablishment ; and \r\n \r\n \r\nPage 3 of 5 \r\n \r\n(b) the ownership and management of the establishment, along with its assets and \r\nliabilities as on the day on whi ch its possession is d elivered, sh all st and \r\ntransferred to the p ersons in whom those v ested immediately before the \r\nmaking of an order und er se ction 5 of the repealed A ct i n respect of the \r\nestablishment. \r\n(3) No claim, suit, prosecution or other legal proceedings arising out of the \r\nacquisition or return of an establishment shall lie against the Federal Government or the \r\nCorporation or any officer or employee of the Federal Government or the Corporation. \r\n \r\n(4) Where the Federal Government is satisfied that the previous management of an \r\nestablishment has refused or wilfully failed to receive possession of the establishment, it may pass \r\nsuch order in respect of the establishment as it may deem fit. \r\n \r\n(5) In the case of an establishment, for the purpose of computing the period of limitation \r\nprescribed in the Limitation Act, 1908 (IX of 1908) for the institution of a suit for the recovery of \r\nmoney, the period commencing on the day on which an order under section 5 of the repealed Act \r\nwas made in respect of the establishment and ending on the day on which possession thereof is \r\ndelivered to its previous management shall be excluded. \r\n \r\n(6) In the case of any dispute between the previous management of an establishment and \r\nthe Corporation regarding the assets or liabilities of the establishment, the matter shall be referred \r\nto the Federal Government whose decision shall be final. \r\n \r\n4. Continuance in service of the employees. Every who le-time employee of an \r\nestablishment on the date of making an order under section 5 of the repealed Act in respect of the \r\nestablishment, and every whole-time employee who h as worked continuously in an \r\nestablishment since before the first day of July, 1977, shall continue in his office on the same \r\nterms and conditions as are applicable to his appointment : \r\n \r\nProvided that this section shall not apply to employees who had resigned or been removed \r\nby the Corporation from its service. \r\n \r\n5. Regulation of movement etc. of paddy and rice.―The Federal Government, or a \r\nProvincial Government if so authorised by it, may, if it considers it necessary in the public interest \r\nto do so, by notification in the official Gazette, provide for— \r\n \r\n(a) regulating or prohibiting the keeping, storage, movement, transport \r\nsupply, dist ribution, disposal, acquisition. or use of, and trade and \r\ncommerce in, paddy and rice ; \r\n \r\n(b) controlling the prices and grading of paddy and rice ; and \r\n \r\n(c) regulating the milling of rice. \r\n \r\n6. Compensation.―(1) The Corporation shall pay compensation in respect of an \r\nestablishment at the rate of 11 per cent per annum of the amount determined as payable in \r\naccordance with paragraphs 1 and 2 of the Schedule to the repealed Act for the period the \r\nownership and management of the establishment remained with the Corporation. \r\n \r\n \r\nPage 4 of 5 \r\n \r\n(2) In a case in which the N etworth Value is higher t han the Present Value, the \r\nCorporation shall pay the difference between the Networth Value and the Present Value of the \r\nassets and liabilities transferred to the previous owners, both such difference and the Present Value \r\nto be determined by the Corporation. \r\n \r\n(3) Where the Present Value is higher than the Networth Value the Corporation may \r\nrecover from the previous owners, in accordance with the provisions of section 8 or in any other \r\nmanner it may deem fit, the amount representing the difference between the Net-worth Value and \r\nthe Present Value. \r\n \r\n(4) Where a previous owner has received payment of compensation assessed in \r\naccordance with paragraphs 1 and 2 of the Schedule to the repealed Act, such compensation shall \r\nbe recovered from him in the same manner as is provided is sub-section (3): \r\n \r\nProvided that any interest which has accrued on any compensation bonds given to such \r\nprevious owner shall not be withheld or, as the case may be, recovered and shall be deemed to be \r\nthe compensation payable under sub-section (1). \r\n \r\n7. Corporation to continue until wound up. Notwithstanding the repeal of the repealed \r\nAct under section 15, the Rice Milling Corporation of Pakistan shall continue in existence until it \r\nis wound up by an order of the Federal Government. \r\n \r\n8. Debtor.―(1) The Corporation may, by notice in writing, call upon a debtor to pay to the \r\nCorporation the amount of money due from him to the Corporation within a period of thirty days \r\ncommencing from the date of receipt of such notice by the debtor. \r\n \r\n(2) Where the debtor fails to pay the amount due from him within the period \r\nspecified in the noti ce under sub -section (1), the Corporation shall have the s ame power of \r\neffecting recovery as the Industrial Development Bank of Pakistan has under sections 39, 40 and \r\n41 of the Industrial Development Bank of Pakistan Ordinance, 1961 (XXXI of 1961). \r\n \r\n9. General effect of return of establishment.―(1) Where the management of an \r\nestablishment has been transferred to the p revious management under section 3, all contracts, \r\nagreements and other instruments of wh atever nature subsisting or h aving effect immediately \r\nbefore the date of transfer, to which such establishment was a party or which were in respect of \r\nsuch establishment, shall be of as full force and effect against or in favour of the p revious \r\nmanagement, and may be enforced or acted upon as fully and effectively as if, instead of the \r\nCorporation, the previous management had been a party thereto, or as if they had been \r\nentered into, or issued in respect of, the previous management. \r\n \r\n(2) If, on the date of transfer of an establishment to the previous management, any suit, \r\nappeal or legal proceeding of whatever nature is pending by or against the Corporation in respect \r\nof such establishment, it shall not abate or be in any way prejudicially affected by reason of such \r\ntransfer or anything done under this Ordinance or the repealed Act, but the suit, appeal or other \r\nproceeding may be continued, prosecuted and enforced by or against the previous management. \r\n \r\n10. Ordinance to override other laws. The provisions of this Ordinance shall have effect \r\nnotwithstanding anything contained in any other law for the time being in force or any agreement, \r\ncontract, memorandum or articles of association of a company. \r\n \r\nPage 5 of 5 \r\n \r\n \r\n11. Bar of jurisdiction.―(1) No Court shall call into question or permit to be called in \r\nquestion any provision of this Ordinance or of any rule or order made, or anything done or any \r\naction taken thereunder, \r\n \r\n(2) No Court shall give any injunction or make any order, nor shall any Court \r\nentertain any p roceedings, in relation to anything done or intended to be done under this \r\nOrdinance. \r\n \r\n12. Penalties. Whoever― \r\n \r\n(a) Obstructs or resists or hinders any person in the discharge of his duties \r\nunder this Ordinance ; or \r\n(b) contravenes any notification under section 5; shall be punishable \r\nwith rigorous imprisonment for a term which may extend to three \r\nyears, on with fine, or with both ; \r\n Provided that no Court shall take cognizance of an offence \r\nunder this Ordinance unless a complaint in this behalf is made by the \r\nFederal Government or the Corporation or a person authorised by the \r\nFederal Government or the Corporation for the purpose. \r\n13. Power to make rules. The Federal Government may make rules for carrying out the \r\npurposes of this Ordinance. \r\n \r\n14. Removal of difficulties. If any difficulty arises in giving effect to any provision of \r\nthis Ordinance, the Federal Government may make such order, not inconsistent with the provisions \r\nof this Ordinance, as may appear to it to be necessary for the purpose of removing the difficulty. \r\n \r\n15. Repeal. The Rice Milling Cont rol and Development Act, 1976 (LVIII of 1976), is \r\nrepealed. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n Last Uploaded on 19.09.2023", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-ac850b0f542f64a6:sha256:543e14f5323f508ae2eb93694635608eb6349c2be5c3f83496aa851104924010:chars-0-1773:c2284d56de8b2e44f0b27d6cd018941736c12e616727cb4e3d7cc00fcc34d6e8", "character_start": 0, "character_end": 1773, "utf8_byte_start": 0, "utf8_byte_end": 1777, "passage_sha256": "c2284d56de8b2e44f0b27d6cd018941736c12e616727cb4e3d7cc00fcc34d6e8", "reader_fragment": "p-0-1773-c2284d56de8b2e44" }, { "passage_id": "law:pk-code-ac850b0f542f64a6:sha256:543e14f5323f508ae2eb93694635608eb6349c2be5c3f83496aa851104924010:chars-1773-3551:df92be2281e5a7c851b79d280395f748d220a0c1d9303260ceb0b1065c6d0c2b", "character_start": 1773, "character_end": 3551, "utf8_byte_start": 1777, "utf8_byte_end": 3561, "passage_sha256": "df92be2281e5a7c851b79d280395f748d220a0c1d9303260ceb0b1065c6d0c2b", "reader_fragment": "p-1773-3551-df92be2281e5a7c8" }, { "passage_id": "law:pk-code-ac850b0f542f64a6:sha256:543e14f5323f508ae2eb93694635608eb6349c2be5c3f83496aa851104924010:chars-3551-5334:299ab45414435138a514e2a4ca1aefffc0672c292089effe7deedc701bc65970", "character_start": 3551, "character_end": 5334, "utf8_byte_start": 3561, "utf8_byte_end": 5348, "passage_sha256": "299ab45414435138a514e2a4ca1aefffc0672c292089effe7deedc701bc65970", "reader_fragment": "p-3551-5334-299ab45414435138" }, { "passage_id": "law:pk-code-ac850b0f542f64a6:sha256:543e14f5323f508ae2eb93694635608eb6349c2be5c3f83496aa851104924010:chars-5334-7133:899567e7a54129a0c722062b3bcea29c47f15e2ce21802325113a85b0a593c83", "character_start": 5334, "character_end": 7133, "utf8_byte_start": 5348, "utf8_byte_end": 7149, "passage_sha256": "899567e7a54129a0c722062b3bcea29c47f15e2ce21802325113a85b0a593c83", "reader_fragment": "p-5334-7133-899567e7a54129a0" }, { "passage_id": "law:pk-code-ac850b0f542f64a6:sha256:543e14f5323f508ae2eb93694635608eb6349c2be5c3f83496aa851104924010:chars-7133-8926:0a271cecf603939790d11dcb1bc4af5eea62e1e12548e56f9b70c70eb9c99ff6", "character_start": 7133, "character_end": 8926, "utf8_byte_start": 7149, "utf8_byte_end": 8946, "passage_sha256": "0a271cecf603939790d11dcb1bc4af5eea62e1e12548e56f9b70c70eb9c99ff6", "reader_fragment": "p-7133-8926-0a271cecf6039397" }, { "passage_id": "law:pk-code-ac850b0f542f64a6:sha256:543e14f5323f508ae2eb93694635608eb6349c2be5c3f83496aa851104924010:chars-8926-10635:50aaf465d9e6bd2099ea34dcdd5743fb1e6111c8c406fdea04a24fa2c0580262", "character_start": 8926, "character_end": 10635, "utf8_byte_start": 8946, "utf8_byte_end": 10659, "passage_sha256": "50aaf465d9e6bd2099ea34dcdd5743fb1e6111c8c406fdea04a24fa2c0580262", "reader_fragment": "p-8926-10635-50aaf465d9e6bd20" }, { "passage_id": "law:pk-code-ac850b0f542f64a6:sha256:543e14f5323f508ae2eb93694635608eb6349c2be5c3f83496aa851104924010:chars-10635-11087:9835008c916725c8cc5dcb52689ee6c25ffd6139f1142a27b469ba627053ea59", "character_start": 10635, "character_end": 11087, "utf8_byte_start": 10659, "utf8_byte_end": 11111, "passage_sha256": "9835008c916725c8cc5dcb52689ee6c25ffd6139f1142a27b469ba627053ea59", "reader_fragment": "p-10635-11087-9835008c916725c8" } ] }