Updated: Wednesday June 18, 2014/AlArbia'a
Sha'ban 20, 1435/Budhavara
Jyaistha 28, 1936, at 05:01:08 PM
The
ORDINANCE No III of 1961
[13th February, 1961]
An Ordinance to vest in the Central Government certain immovable properties
which vested in the State of
WHEREAS there are several immovable properties, situated in the
*[Ins. by the
AND WHEREAS the constitutional position in the State of
AND WHEREAS the said properties are suffering for want of care;
NOW THEREFORE, in pursuance of the Proclamation of the seventh day of October,
1958, 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
(2) It extends to the whole of
(3) It shall come into force at once.
*[2 Vesting of properties in the Central Government.---All immovable
properties, situated in the territory of Pakistan, the title to which vested in
the State of Jammu and Kashmir, or the Maharaja of Jammu and Kashmir or the
Maharaja of Poonch, on the fifteenth day of August, 1947, shall vest, free from
all encumbrances, in the Central Government, and shall be deemed to have so
vested on that date.].
**[3. Management, sale or lease of properties, etc.,---(1) The Central
Government may make arrangements for the management, sale, lease or disposal
otherwise of the properties vested in it under section 2.
(2) For the purposes aforesaid, the Central Government may appoint a
person, to be called the Manager of State Properties of Jammu and Kashmir
(hereinafter referred to as the Manager), who shall take possession of and
hold, and, subject to the previous approval in writing of the Central
Government, have the power to deal with and dispose of, all or any of the
aforesaid properties, and shall exercise such other powers in relation thereto as
may be prescribed by rules made under section 6.
(3) Without prejudice to the generality of the provisions of sub-section (2),
and notwithstanding anything contained in any other law for the time being in
force, the Manager, after giving to the person or persons affected not less
than fifteen days notice, may, in such manner as may be provided by rules, and
with the use of such force as may be necessary,---
(a) take possession and assume control of any property referred to in this
section;
(b) evict summarily any person in unauthorized occupation or wrongful
possession of any such property; and
(c) demolish or dismantle any unauthorized construction on any such property,
and recover from the person responsible for such construction any expenses
incurred in connection with such demolition or dismantling.].
*[Subs. and shall be deemed always to have been so subs. by the
**[Subs. ibid., s. 4, for the original section.]
4. Deposit of sale proceeds etc., --- (1) The proceeds of any sale
affected under section 3 shall be deposited in a special account to be called
"The Sale Proceeds Account of Immovable Property of Jammu and Kashmir
State".
(2) No portion of the amounts deposited in the said account shall be utilized
except for a purpose connected with the rehabilitation of refugees from the
State of
5. Certification of sale.--(1) The sale to the purchaser shall be certified
by the Central Government in the manner prescribed by rules made under section
6.
(2) A certificate granted under sub-section (1) shall be conclusive
proof of full title acquired by the purchaser.
*[5A. Manager and certain other persons to be public servants.---The
Manager, and every other person duly appointed or authorised to perform any
function under this Ordinance, shall to be deemed to be a public servant within
the meaning of section 21 of the Pakistan Penal Code, Act XLV of 1860.
5B. Bar of legal proceedings etc.,---(1) No suit, prosecution or other
legal proceeding shall lie against Government, the Manager or any other person
for anything which is in good faith done or intended to be done under this
Ordinance.
(2) Properties vested in the Central Government under section 2 shall
be exempt from all legal processes, including seizure, distress, ejectment,
attachment or sale by any officer of a Court or any other authority, and,
otherwise than at the instance of the Manager, no injunction or other order of
whatever kind shall be passed or made in respect of any such property by any
Court or other authority.
5C. Recovery of arrears.--Any sum due, whether as rent or otherwise, in
respect of any of the aforesaid properties, if not paid within the time
specified by the Manager, shall be recoverable as arrears of land revenue.]
*[Sections 5A, 5B and 5C ins. by the
6. Power to make rules.---(1) The Central Government may make rules, not
in consistent with the provisions of this Ordinance, to carry into effect any
of its purposes.
*[(2) Without prejudice to the provisions of sub-section (1), such
rules may provide,---
(a) the manner in which any notice under this Ordinance may be served;
(b) the manner in which the Manager, or any person authorized by him in this
behalf, may take possession of any property;
(c) the manner in which any person in unauthorized occupation or wrongful
possession of any property may be summarily evicted;
(d) the manner in which any unauthorized construction or any property may be
demolished or dismantled;
(e) the manner in which the amount in the account mentioned in sub-section (1)
of section 4 may be invested;
(f) the purposes for which the income from the amount invested under clause (e)
may be utilized;
(g) the purposes for which any portion of the amounts deposited in the said
account may be utilized; and
(h) the purposes for which the rents received from the lease of any property
may be utilized.]
*[Subs. ibid., s. 6, for the original sub-section (2).]
7. Final adjustment of the account.---The account mentioned in
sub-section (1) of section 4 shall be adjusted after the status of
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