COURT ATTACHMENT OF CERTIFICATES, CONFISCATION AND PAYMENT
Attachment of a Certificate by a Court of Law
(1) (i) In Head Offices :-The attachment, by order of a Court, of a certificate standing in the name of an investor must be at once noted, but until an express order is received requiring him to pay the value of the certificate attached into the court or to any other person, the Postmaster will confine his/her action to
(a) pasting the order of the Court to the relative application for purchase/SB-AOF
(b) recording the remark “Discharge prohibited owing to attachment by Court vide letter No...................dated.............against the entries relating to the certificate in the remarks column of the application for purchase/SB-AOF and
(c) refusing to encash the certificate if presented by the holder or any other person.
The Postal Accounts Office concerned may also be informed immediately regarding the attachment of the certificate if certificate was issued on or before 30.06.2016. The Postal Accounts Office will then also make a suitable note in its Stock and Issue Register. In CBS Application, Designated Supervisor will Freeze the Certificate Account using HAFSM menu and another Supervisor has to verify the same.
(ii) If the order of attachment relates to a certificate pledged as security the Head Postmaster should at once inform the Court or the authority that the value of the certificate is held by the Post Office on behalf not of the judgment debtor (holder), but of the person to whom it is pledged as security and should request the Court or the authority before issuing an order for payment to allow him (Head Postmaster) and the pledgee an opportunity of showing cause why the amount of the certificate should not be paid. The Head Postmaster, at the same time, should report the case to the Head of the Circle.
(2) So long as the payment of the certificate attached is not ordered by the Court, the Head Postmaster has the opportunity of representing to the Court any objection there may be to such payment. If the order of attachment relates to a certificate standing in the name of a deceased holder, the Head Postmaster must at once inform the Court that the holder is dead and request the court to allow him (the Head Postmaster) and the heirs an opportunity of showing cause why the attachment order should be vacated by the Court. The Head Postmaster must at the same time make enquiries enjoined in relevant Rule in case this has not already been done, and report the case to the Head of the Circle for orders. To enable the Head Postmaster to carry out the above instruction regarding the certificate of deceased holder, he must, on receipt of an order of attachment at once take steps to ascertain whether the holder is alive or not.
(3) If the Court orders payment of the certificate attached, payment should be made to the Court and the courts receipt obtained for the payment. It is not necessary to insist that the court should produce the original certificate duly discharged on the reverse.
(4) If the order of attachment relates to a certificate issued by a S.O., instructions in the matter must be issued at once to the S.P.M. concerned by the Head Postmaster. (5) In Sub Offices: - In S.O. if a certificate standing in the name of an investor is attached by order of a Court, the S.P.M. will receive the instructions of the H.O. as to the procedure to be followed in respect of the discharge of the certificate. If the order of attachment is issued by a Court direct to the S.P.M., he/she will send the order to the H.O. and ask for instructions. To prevent discharge of the certificate, the S.P.M. will also write in red ink in the column for 'Remarks' of the application for purchase the words "Attached by Court, discharge prohibited" against the entry of the certificate attached.
Confiscation of Certificates by Customs or Excise Authorities
When Certificates are confiscated under Seal Customs Act and the Foreign Exchange Regulations Act / Foreign Exchange Maintenance Act, an intimation will be sent by the Customs Authority to the Office of issue of the certificate informing it of the seizure so that the holder(s) may not obtain duplicate certificates. The proforma in which this intimation will be sent and which has to be acknowledged by the Post Office is given below. As soon as any such intimation is received a suitable remark in red ink should be passed on the application for purchase/transfer/SB-AOF and the fact intimated to the Postal Accounts Office if certificate was issued on or before 30.06.2016. Orders of the Customs/Excise Authorities for the payment of the proceeds of the certificates to them should be complied with, as per above Rule relating to Attachment by a Court of Law.
Form
Intimation of the seizure of National Savings certificates issued by the Post Office.
1. Number of the certificates (including prefixed alphabets)
2. Its denomination or face value
3. Type of certificate (i.e. single holder type or joint holder 'A' Type or Joint holder 'B type' as can be seen from certificate)
4. Name(s) of holder(s)
5. Office of issue
6. Date of issue ..............................
7. Registration No. given by the P.O. on the left hand bottom corner of the certificates
8. Authority under which seized
9. Action contemplated
(SEAL) CUSTOMS OFFICER
(Acknowledgement to be detached and returned by the PO)
No.................. Dated.................
Received from the Customs Officer................. an intimation about the confiscation of the following Savings Certificate(s).
1. No. of the certificate ............................
2. Denomination ............................
3. Name (s) of the holder(s) ............................
4. Name of Post Office of Issue .............................
5. Date of Issue ......................
A note of this seizure has been made in the records of this Office
(Name and Date-Stamp of Office) Postmaster
To
The Customs Officer................
His letter No.................. Dated .................. refers
Payment of Certificate(s) to Authority empowered under the Law to demand such payment
(1) If an order is received by the postmaster for payment of the proceeds of a Savings Certificate to an authority vested with the power under any law for the time being in force to demand such payment, the paying Postmaster shall make the payment under receipt to such authority in case the original certificate is not presented. If the original certificate is presented, receipt be obtained as usual on the certificate. The notice/order received from the authority shall be attached with the original certificate/receipt.
(2). If the certificate in respect of which the notice/order has been received for payment stands already attached by a court of law, the position may be explained to the concerned authority.
