Administrator General’s Punjab Rules 2015

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ADMINISTRATOR GENERAL S PUNJAB RULES, 2015

[Gazette of Punjab Extraordinary 14th January, 2015]

No. Gen. 8-26/93(P-I)/2015/134, dated 9-1-2015. ---In exercise of the powers conferred under section 50 of the Administrator General s Act 1913 (III of 1913), Governor of the Punjab is pleased to make the following rules:

1. Short title and commencement. ---(1) These rules may be cited as Administrator General s Punjab Rules 2015.

(2) They shall come into force at once.

2. Definitions. ---(1) In these rules:

(a) Act means the Administrator General s Act, 1913 (III of 1913);

(b) Administrator General means Administrator General of the Punjab;

(c) bank means any scheduled bank in the Punjab except the State Bank of Pakistan and a National Saving Center;

(d) certificate means a certificate issued by the Administrator General under section 31 of the Act; and

(e) Form means the form appended to these rules.

(2) A word and expression used in these rules but not defined herein shall have the same meaning as is assigned to it in the Act.

3. Filing of application. ---(1) An application may be filed with the Administrator General regarding assets of a deceased person movable or immovable by his widow, executor or any other person entitled to administer the estate of a deceased person up to the value of one hundred thousand rupees.

(2) An applicant may submit an application on Form A , and shall append the following Forms with the application:

|-----|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | (a) | Form B | (i) consent of all legal heirs of a deceased person, if any, for no objection to issuance a certificate in favour of an applicant; and | | | | (ii) copies of computerized national identity cards or, in case of minors, the Form B of the National Database and Registration Authority of legal heirs of a deceased person duly attested by the gazetted officer; | | (b) | Form C | list of legal heirs, at time of death of a deceased person, with undertaking by an applicant; and | | (c) | Form D | acquaintance certificate of the witnesses regarding a deceased person and his legal heirs. |

4. Procedure for obtaining certificate. --(1) An applicant may file an application under rule 3 as per Form A appended with two self-addressed duly stamped envelopes and also affix a court fee of two rupees on an application.

(2) An application shall be supported by an affidavit on a requisite stamp paper duly attested by an Oath Commissioner as per Form F .

5. Exclusion of jurisdiction. ---The Administrator General shall not entertain any application against the State Bank of Pakistan, National Saving Centers, Post Office Savings Schemes or General Provident Fund of the Government employees.

6. Fees. ---An applicant shall deposit, in the Government Treasury, a fee of fifteen rupees for each certificate.

7. Limitation for an application. ---An application for issuance of certificate shall be submitted within one month from death of a deceased person and in case a period of one month has lapsed, the Administrator General may, on the basis of reasonable cause for late submission of an application, admit an application of his widow, executor or any other person entitled to administer the estate of a deceased person under section 31 of the Act.

8. Who can submit an application. ---(1) An application may be submitted by an applicant himself or by an Advocate duly authorized by an applicant.

(2) The power of attorney of an Advocate shall bear a court fee of two rupees.

9. Advertisement at the expenses of an applicant. ---(1) On receipt of an application, if is found in order, the Administrator General shall cause an advertisement to be made in a newspaper for a specified date and the expenses of the advertisement shall be borne by an applicant.

(2) An applicant shall collect advertisement notice from the office of Administrator General as per Form E and take it to the concerned newspaper for publishing the notice.

10. Ex parte proceedings. ---If no one turns upon on the fixed date to raise objection to the issuance of a certificate, the Administrator General shall record the statement of an applicant and, if satisfied, issue a certificate in his favour.

11. Certificate without an advertisement. ---In an appropriate case, if the Administrator General is satisfied about the authenticity of particulars of an applicant, he may issue a certificate without publishing the matter in newspaper and without recording the evidence of an applicant.

12. Certificate be stamped. ---A certificate shall be signed and stamped by the Administrator General and be handed over to an applicant.

13. Make payment on receipt of certificate. ---An applicant shall take a certificate to the concerned bank or other authority for making payment and the bank or other authority shall make payment to the holder of a certificate within a week of the receipt of a certificate.

14. Redress for non-payment on certificate. ---(1) If, within stipulated period, no payment is made to the holder of a certificate, the holder of a certificate may prefer an application to the Administrator General.

(2) After being satisfied that the bank, an institution or an organization is not making payment under a certificate willfully, the Administrator General may issue a show cause notice, under the law, against the responsible officer of the bank, an institution or an organization on the complaint submitted by the holder of a certificate.

(3) If the Administrator General is satisfied that the non-compliance has been made deliberately, willfully and intentionally, he may initiate the proceedings against the accused under section 188 of the Pakistan Penal Code, 1860 (XLV of 1860) read with section 195 of the Code of Criminal Procedure, 1898 (V of 1898).

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