Updated: Wednesday June 26, 2013/AlArbia'a
Sha'ban 18, 1434/Budhavara
Asadha 05, 1935, at 03:59:04 PM
The Administrator Generals Act, 1913
Act No. III of 1913
C O N T E
N T S
Section Heading
Part I
Preliminary
1. Short title, extent and commencement.
2. Interpretation clause.
Part II
The Office of Administrator General
3. Appointment of Administrators General.
4. Appointment and powers of Deputy Administrators General.
5. Administrator General to be a corporation sole, to have
perpetual succession and official seal, and to sue and be sued in his corporate
name.
Part III
Rights, Powers, Duties
and
Liabilities of the
Administrator General
(a)
Grants of letters of administration and probate
6. [Omitted].
7. Administrator General entitled to letters of administration,
unless granted to next-of-kin.
8. Administrator General entitled to letters of administration
in preference to creditor, non-universal legatee or friends.
9. When Administrator General is to administer estates of
persons other than exempted persons.
10. Power to direct Administrator General to
apply for administration
11. Power to direct Administrator General to collect and hold
assets until right of succession or administration is determined.
12. Grant of probate or letters of administration to person
appearing in the course of proceedings taken by Administrator General under
sections 9, 10 and 11.
13. Grant of administration to Administrator
General in certain cases.
14. Administrator General not precluded from applying for letters
within one month after death.
(b)
Estates of persons subject to the
Army
Act or the Air Force Act.
15. [Omitted].
16. [Omitted].
17. [Omitted].
(c)
Revocation of Grants
18. Recall of Administrator General’s administration, and grant of
probate, etc., to executor or next-of-kin.
19. Cost of obtaining administration, etc., may, on revocation, be
ordered to be paid to Administrator General out of assets.
20. After revocation, letters granted to Administrator General to
be deemed as to him to have been voidable only.
21. Payments made by Administrator General prior to revocation.
(d)
General
22. Administrator General’s petition for grant of letters of
administration.
23. Name in which probate or letters to be granted.
24. Effect of probate or letters granted to Administrator General.
25. Transfer by private executor or administrator of interest
under probate or letters.
26. Distribution of assets.
27. Appointment of Official Trustee as trustee of assets after
completion of administration.
28. Power for High Court to give directions
regarding administration of estate.
29. No security nor oath to be required from Administrator General
Manner in which
petitions to be verified by Administrator General and his Deputy.
Entry
of Administrator General not to constitute notice of a trust.
30. Power to examine on oath.
(e)
Grant of Certificates
31. In what case Administrator General may grant certificate.
32. Grant of certificate to creditors and power to take charge of
certain estates.
33. Administrator General not bound to grant certificate unless
satisfied of claimant’s title, etc.
34. Effect of certificate.
35. Revocation of certificate.
36. Surrender of revoked certificate.
37. Administrator General not bound to take out administration on
account of assets for which he has granted certificate.
38. Transfer of certain assets from
(f)
Liability
39. Liability of Government.
40. Creditors’ suits against Administrator General.
41. Notice of suit not required in certain cases.
Part IV
Fees
42. Fees.
43. Disposal of fees.
Part V
Audit of the Administrator
General’s Accounts
44. Audit of Administrator General’s accounts.
45. Auditors to examine accounts and report to Government.
46. Power of auditors to summon and examine witnesses, and to call
for documents.
47. Costs of audit, etc.
Part VI
Miscellaneous
48. General powers of administration.
49. Power of person beneficially interested
to inspect Administrator General’s accounts, etc., and take copies.
50. Power to make rules.
51. False evidence.
52. Assets
unclaimed for twelve years to be transferred to Government.
53. Mode of proceeding by claimant to recover principal money so
transferred.
54. District Judge in certain cases to take charge of property of
deceased persons, and to report to Administrator General.
55. Succession Act and Companies Act not to affect Administrator
General.
56. Order of Court to be equivalent to decree.
57. Provision for administration by Consular Officer in case of
death in certain circumstances of foreign subject.
58. [Repealed].
59. Saving of provisions Registration Act, 1908.
59A. [Omitted].
60. [Repealed].
THE SCHEDULE
[Repealed]
[1][1] The
Administrator Generals Act, 1913
(Act
III of 1913)
[27 February 1913]
An Act to consolidate and amend the Law relating
to the
office and duties of Administrator General.
WHEREAS
it is
expedient to consolidate and amend the Law relating to the office and duties of
Administrator General;
It is hereby enacted as follows:---
Part I
Preliminary
1. Short title, extent and commencement.– (1) This Act may be
called the Administrator General’s Act, 1913.
[2][2][(2) It
extends to whole of the
(3) It
shall come into force on such date[3][3] as the [4][4][Federal Government] may, by notification
in the [5][5][official Gazette], direct.
2. Interpretation clause.– In this Act, unless
there is anything repugnant in the subject or context,–
(1) “assets” means all the property, movable
and immovable, of a deceased person, which is chargeable with, and applicable
to, the payment of his debts and legacies, or available for distribution among
his heirs and next-of-kin:
(2) “exempted person” means [6][6][a]
[7][7][[8][8][* * *] Christian],
a Hindu, Muhammadan, Parsi or Buddhist, or a person exempted under section [9][9][3
of the Succession Act, 1925 (XXXIX of 1925)], from the operation of that Act:
[10][10][(3) “Government”
means the Government of the
(4) [11][11][* * *
* * * * * * * * *]
(5) “letters
of administration” includes any letters of administration, whether general or
with a copy of the will annexed, or limited in time or otherwise:
(6) “next-of-kin”
includes a widower or widow of a deceased person, or any other person who by
law would be entitled to letters of administration in preference to a creditor
or legatee of the deceased:
[12][12][* * *
* * * * * * * * * *]
(8) “prescribed”
means prescribed by rules under this Act:
[13][13][* * *
* * * * * * * * * *]
[14][14][* * *
* * * * * * * * * *]
Part II
The Office of
Administrator General
[15][15][3. Appointment
of [16][16][Administrator] General.– [17][17][(1) The Government shall appoint an
Administrator General.].
(2) No
person shall be appointed to the office of the Administrator General who is not
an advocate practicing in [18][18][the High Court] or a person already in
the service of the State.]
4. Appointment and powers of Deputy
Administrators General.– The Government may appoint a Deputy or Deputies to assist
the Administrator General; and any Deputy so appointed shall, subject to the
control of the Government and the general or special orders of the
Administrator General, be competent to discharge any of the duties and to
exercise any of the powers of the Administrator General, and when discharging
such duties or exercising such powers shall have the same privileges and be
subject to the same liabilities as the Administrator General.
5. Administrator General to be a
corporation sole, to have perpetual succession and official seal, and to sue
and be sued in his corporate name.– The Administrator General shall be a corporation
sole by the name of the Administrator General [19][19][* * *] and, as such Administrator
General, shall have perpetual succession and an official seal, and may sue and
be sued in his corporate name.
Part III
Rights, Powers, Duties
and Liabilities
of the Administrator
General
(a) Grants of Letters of Administration
and Probate
6. [20][20][* * *
* * * * * * *]
7. Administrator General entitled to
letters of administration, unless granted to next-of-kin.– Any letters of
administration, which are granted after the commencement of this Act by the
High Court [21][21][* * *] shall be granted to the
Administrator General [22][22][* * *] unless they are granted to the
next-of-kin of the deceased.
8. Administrator General entitled to
letters of administration in preference to creditor, non-universal legatee or
friends.– The
Administrator General [23][23][* * *] shall be deemed by all the Courts
in the [24][24][Province] to have a right to letters of
administration other than letters pendente lite in preference to that of–
(a) a
creditor; or
(b) a
legatee other than an universal legatee; or
(c) a
friend of the deceased.
[25][25][9. When Administrator General is to
administer estates of persons other than exempted persons.– If any person, not being an exempted person, has died
leaving within the Province assets exceeding the value of one hundred thousand
rupees and if no person to whom any Court would have jurisdiction to commit
administration of such assets has, within one month after his death, applied in
the Province for probate of his will, or for
letters of administration of his estate, the Administrator General shall,
subject to any rules made by the Government, within a reasonable time after he
has had notice of the death of such person, and of his having left such assets,
take such proceedings as may be necessary to obtain from the High Court letters
of administration of the estate of such person.]
10. Power to direct Administrator General to
apply for administration.– Whenever any person has died leaving assets within the local
limits of the ordinary original civil jurisdiction of [26][26][the High Court], the court, on being
satisfied that danger is to be apprehended of misappropriation, deterioration
or waste of such assets unless letters of administration of the estate of such
person are granted, may upon the application of the Administrator General or of
any person interested in such assets or in the due administration thereof, make
an order, upon such terms as to indemnifying the Administrator General against
costs and other expenses as the Court thinks fit, directing the Administrator
General to apply for letters of administration of the estate of such person:---
Provided
that, in the case of an application being made under this section for letters
of administration of the estate of an exempted person, the Court may refuse to
grant letters of administration, if it is satisfied that such grant is
unnecessary for the protection of the assets; and in such case the Court shall
make such order as to the costs of the application as it thinks fit.
11. Power to direct Administrator General to
collect and hold assets until right of succession or administration is
determined.– (1)
Whenever any person has died leaving assets within the local limits of the
ordinary original civil jurisdiction of [27][27][the High Court], and such Court is
satisfied that there is no person immediately available, who is legally
entitled to the succession to such assets, or that danger is to be apprehended
of misappropriation, deterioration or waste of such assets, before it can be
determined who may be legally entitled to the succession thereto, or whether
the Administrator General is entitled to letters of administration of the
estate of such deceased person, the Court may, upon the application of the
Administrator General or of any person interested in such assets, or in the due
administration thereof, forthwith direct the Administrator General to collect
and take possession of such assets, and to hold, deposit, realize, sell or
invest the same according to the directions of the Court, and in default of any
such direction according to the provisions of this Act so far as the same are
applicable to such assets.
(2) Any
order of the Court made under the provisions of this section shall entitle the
Administrator General,
(a) to maintain any
suit or proceeding for the recovery of such assets, and
(b) if he thinks
fit, to apply for letters of administration of the estate of such deceased
person, and
(c) to retain out
of the assets of the estate any fees chargeable under rules made under this
Act, and to reimburse himself for all payments made by him in respect of such
assets which a private administrator might lawfully have made.
12. Grant of probate or letters of
administration to person appearing in the course of proceedings taken by
Administrator General under sections 9, 10 and 11.– If, in the course of
proceedings to obtain letters of administration under the provisions of section
9, section 10, or section 11, any person appears and establishes his claim–
(a) to probate of the
will of the deceased; or
(b) to
letters of administration as next-of-kin of the deceased, and gives such
security as may be required of him by law, the Court shall grant probate of the
will or letters of administration accordingly, and shall award to the
Administrator General the costs of any proceedings taken by him, under those
sections to be paid out of the estate as part of the testamentary or intestate
expenses thereof.
13. Grant of administration to Administrator
General in certain cases.– If, in the course of proceedings to obtain letters of
administration under the provisions of section 9, section 10, or section 11, no
person appears and establishes his claim to probate of a will, or to a grant of
letters of administration as next-of-kin of the deceased, within such period as
to the Court seems reasonable, or if a person who has established his claim to
a grant of letters of administration as next-of-kin of the deceased fails to
give such security as may be required of him by law, the Court may grant
letters of administration to the Administrator General.
14. Administrator General not precluded from
applying for letters within one month after death.– Nothing in this Act
shall be deemed to preclude the Administrator General from applying to the
Court for letters of administration in any case within the period of one month
from the death of the deceased.
(b) Estates of Persons subject to the
Army Act [28][28][or the Air Force Act]
15. [29][29][* * *
* * * * * * * * *]
16. [30][30][* * *
* * * * * * * * *]
17. [31][31][* * *
* * * * * * * * *]
(c) Revocation of Grants
18. Recall of
Administrator General’s administration, and grant of probate, etc., to executor
or next-of-kin.– If an executor or next-of-kin of the deceased, who has
not been personally served with a citation or who has not had notice thereof in
time to appear pursuant thereto establishes to the satisfaction of the Court a
claim to probate of a will or to letters of administration in preference to the
Administrator General, any letters of administration granted in accordance with
the provisions of this Act to the Administrator General may be revoked, and
probate or letters of administration may be granted to such executor or
next-of-kin as the case may be:---
Provided that no letters of
administration granted to the Administrator General shall be revoked for the
cause aforesaid, except in cases in which a will of the deceased is proved in
the [32][32][Province], unless the application for
that purpose is made within six months after the grant to the Administrator
General and the Court is satisfied that there has been no unreasonable delay in
making the application, or in transmitting the authority under which the
application is made.
19. Cost of obtaining administration, etc.,
may, on revocation, be ordered to be paid to Administrator General out of
assets.– If
any letters of administration granted to the Administrator General in
accordance with the provisions of this Act are revoked, the Court may order the
costs of obtaining such letters of administration, and the whole or any part of
any fees which would otherwise have been payable under this Act, together with
the costs of the Administrator General in any proceedings taken to obtain such
revocation, to be paid to or retained by the Administrator General out of the
estate:
Provided that nothing in this
section shall affect the provisions of clause (c) of sub-section (2) of section
11.
20. After
revocation, letters granted to Administrator General to be deemed as to him to
have been voidable only.– If any letters of administration
granted to the Administrator General in accordance with the provisions of this
Act are revoked, the same shall, so far as regards the Administrator General
and all persons acting under his authority in pursuance thereof, be deemed to
have been only voidable, except as to any act done by any such Administrator
General or other person as aforesaid, after notice of a will or of any other
fact which would render such letters void:
Provided that no notice of a will or
of any other fact which would render any such letters void shall affect the
Administrator General or any person acting under his authority in pursuance of
such letters unless, within the period of one month from the time of giving
such notice, proceedings are commenced to prove the will, or to cause the
letters to be revoked, and such proceedings are prosecuted without unreasonable
delay.
21. Payments made by Administrator General
prior to revocation.— If any letters of administration granted to the
Administrator General in accordance with the provisions of this Act are
revoked, upon the grant of probate of a will, or upon the grant of letters of
administration with a copy of the will annexed, all payments made or acts done
by or under the authority of the Administrator General in pursuance of such
letters of administration, prior to the revocation, which would have been valid
under any letters of administration lawfully granted to him with a copy of such
will annexed, shall be deemed valid notwithstanding such revocation.
(d) General
22. Administrator
General’s petition for grant of letters of administration.– Whenever
any Administrator General applies for letters of administration in accordance
with the provisions of this Act, it shall be sufficient if the petition
required to be presented for the grant of such letters states,–
(i) the time and place
of the death of the deceased to the best of the knowledge and belief of the
petitioner,
(ii) the name and
addresses of the surviving next-of-kin of the deceased if known,
(iii) the particulars
and value of the assets likely to come into the hands of the petitioner,
(iv) particulars of the
liabilities of the estate if known.
[33][33][23. Name
in which probate or letters to be granted.– All probates or letters of administration
granted to any Administrator General shall be granted to him by that name.]
24. Effect of
probate or letters granted to Administrator General.– Probate
or letters of administration granted by the High Court [34][34][*
* *] to the Administrator General [35][35][* * *]
shall have effect over all the assets of the deceased throughout [36][36][the Province], and
shall be conclusive as to the representative title against all debtors of the
deceased and all persons holding such assets, and shall afford full indemnity
to all debtors paying their debts and all persons delivering up such assets to
such Administrator General:
Provided that the High Court may
direct, by its grant, that such probate or letters of administration shall have
like affect throughout one or more of the other [37][37][provinces].
Whenever a grant is made by a High
Court to the Administrator General with such effect as last aforesaid, the
Court shall send to the other High Courts a certificate that such grant has
been made, and such certificate shall be filed by the Courts receiving the
same.
[38][38][* * *
* * * * * * * * * *]
25. Transfer by private executor or a
administrator of interest under probate or letters.– (1) Any private executor
or administrator may with the previous consent of the Administrator General [39][39][* * *], in respect of which such
executor or administrator has obtained probate or letters of administration,
are situate, by an instrument in writing under his hand notified in the
official Gazette, transfer the assets of the estate vested in him by virtue of
such probate or letters to the Administrator General by that name or any other
sufficient description.
(2) As
from the date of such transfer the transferor shall be exempt from all
liability as such executor or administrator, as the case may be, except in
respect of acts done before the date of such transfer, and the Administrator
General shall have the rights which he would have had, and be subject to the
liabilities to which he would have been subject, if the probate or letters of
administration, as the case may be, had been granted to him by that name at the
date of such transfer.
26. Distribution
of assets.– (1) When the Administrator General has given the
prescribed notice for creditors and others to send in to him their claims
against the estate of the deceased, he shall, at the expiration of the time
therein named for sending in claims, be at liberty to distribute the assets or
any part thereof in discharge of such lawful claims as he has notice of.
(2) He
shall not be liable for the assets so distributed to any person of whose claim
he had not notice at the time of such distribution.
(3) No
notice of any claim which has been sent in and has been rejected or disallowed
in part by the Administrator General shall affect him unless proceedings to
enforce such claim are commenced within one month after notice of the rejection
or disallowance of such claim has been given in the prescribed manner and
unless such proceedings are prosecuted without unreasonable delay.
(4) Nothing
in this section shall prejudice the right of any creditor or other claimant to
follow the assets or any part thereof in the hands of the persons who may have
received the same respectively.
(5) In
computing the period of limitation for any suit, appeal or application under
the provisions of any law for the time being in force, the period between the
date of submission of the claim of a creditor to the Administrator General and
the date of the final decision of the Administrator General on such claim shall
be excluded.
27. Appointment of Official Trustee as
trustee of assets after completion of administration.– (1) When the
Administrator General has, so far as may be, discharged all the liabilities of
an estate administered by him, he shall notify the fact in the official
Gazette, and he may, by an instrument in writing, with the consent of the
Official Trustee and subject to any rules made by the Government, appoint the
Official Trustee to be the trustee of any assets then remaining in his hands.
(2) Upon such appointment such assets shall
vest in the Official Trustee as if he had been appointed trustee in accordance
with the provisions of the Official Trustees Act, 1913 (II of 1913), and shall
be held by him upon the same trusts as the same were held immediately before
such appointment.
28. Power for
High Court to give directions regarding administration of estate.– (1)
The High Court [40][40][*
* *] may, on application made to it, give to the Administrator General [41][41][* * *] any general
or special directions as to any estate in his charge or in regard to the
administration of any such estate.
(2) Applications
under sub-section (1) may be made by the Administrator General or any person
interested in the assets or in the due administration thereof.
29. No security nor oath to be required from
Administrator General.– (1) No Administrator General shall be required by any Court
to enter into any administration-bond, or to give other security to the Court,
on the grant of any letters of administration to him by that name.
(2) Manner
in which petitions to be verified by Administrator General and his Deputy.– No
Administrator General or Deputy Administrator General shall be required to
verify, otherwise than by his signature, any petition presented by him under
the provisions of this Act, and, if the facts stated in any such petition are
not within the Administrator General’s own personal knowledge, the petition may
be subscribed and verified by any person competent to make the verification.
(3) Entry
of Administrator General not to constitute notice of a trust.– The entry of
the Administrator General by that name in the books of a Company shall not
constitute notice of a trust, and a Company shall not be entitled to object to
enter the name of the Administrator General on its register by reason only that
the Administrator General is a corporation and in dealing with assets the fact
that the person dealt with is the Administrator General shall not of itself
constitute notice of a trust.
30. Power to examine on oath.– The Administrator
General may, whenever he desires, for the purposes of this Act, to satisfy
himself regarding any question of fact, examine upon oath (which he is hereby
authorized to administer) any person who is willing to be so examined by him
regarding such question.
[42][42][31. In what case Administrator General may
grant certificate.– Whenever any person has died
leaving assets within the Province, and the Administrator General is satisfied
that such assets, excluding any sum of money deposited in a Government Savings
Bank, or in any Provident Fund to which the provisions of the Provident Funds
Act, 1925 (XIX of 1925) apply, did not at the date of death exceed in the whole
one hundred thousand rupees in value, he may, after the lapse of one month from
the death if he thinks fit, or before the lapse of the said month if he is
requested so to do by writing under the hand of the executor or the widow or
other person entitled to administer the estate of the deceased, grant to any person,
claiming otherwise than as a creditor to be interested in such assets, or in
the due administration thereof, a certificate under his hand entitling the
claimant to receive the assets therein mentioned left by the deceased, within
the Province to a value not exceeding in the
whole one hundred thousand rupees:
Provided that no certificate shall
be granted under this section–
(i) where
probate of the deceased's will or letters of administration of his estate has
or have been granted; or
(ii) in
respect of any sum of money deposited in a Government Savings Bank or in any
Provident Fund to which the provisions of the Provident Funds Act, 1925 (XIX of
1925), apply.]
32. Grant of certificate to creditors and
power to take charge of certain estates.– If, in cases falling within section 31,
no person claiming to be interested otherwise than as a creditor in such assets
or in the due administration thereof obtains, within three months of the death
of the deceased a certificate from the Administrator General under the same
section, or probate of a will or letters of administration of the estate of the
deceased, and such deceased was not an exempted person, or was an exempted
person who has left assets within the ordinary original civil jurisdiction of
the High Court, or within any area notified by the Government in this behalf in
the official Gazette, the Administrator General may administer the estate
without letters of administration, in the same manner as if such letters had
been granted to him;
and if he neglects or refuses to
administer such estate, he shall, upon the application of a creditor, grant a
certificate to him in the same manner as if he were interested in such assets
otherwise than as a creditor,
and such certificate shall have the
same effect as a certificate granted under the provisions of section 31, and
shall be subject to all the provisions of this Act which are applicable to such
certificate:
Provided that the Administrator
General may, before granting such certificate, if he thinks fit, require the
creditor to give reasonable security for the due administration of the estate
of the deceased.
33. Administrator
General not bound to grant certificate unless satisfied of claimant’s title,
etc.– The Administrator General shall not be bound to grant any
certificate under section 31 or section 32, unless he is satisfied of the title
of the claimant and of the value of the assets left by the deceased within the [43][43][Province],
either by the oath of the claimant, or by such other evidence as he requires.
34. Effect of certificate.– The holder of a
certificate granted in accordance with the provisions of section 31 or section
32, shall have in respect of the assets specified in such certificate the same
powers and duties, and be subject to the same liabilities as he would have had
or been subject to if letters of administration had been granted to him:
Provided that nothing in this
section shall be deemed to require any person holding such certificate,
(a) to file accounts or
inventories of the assets of the deceased before any Court or other authority,
or
(b) save as provided in
section 32 to give any bond for the due administration of the estate.
35. Revocation of certificate.– The Administrator
General may revoke a certificate granted under the provisions of section 31 or
section 32 on any of the following grounds, namely:
(i) that the
certificate was obtained by fraud or misrepresentation made to him,
(ii) that the
certificate was obtained by means of an untrue allegation of a fact essential
in law to justify the grant though such allegation was made in ignorance or
inadvertently.
36. Surrender
of revoked certificate.– (1) When a certificate is revoked in
accordance with the provisions of section 35, the holder thereof shall, on the
requisition of the Administrator General, deliver it up to such Administrator
General, but shall not be entitled to the refund of any fee paid thereon.
(2) If such person willfully and without
reasonable cause omits to deliver up the certificate, he shall be punishable
with imprisonment which may extend to three months, or with fine which may
extend to one thousand rupees, or with both.
37. Administrator
General not bound to take out administration on account of assets for which he
has granted certificate.– The Administrator General shall not be
bound to take out letters of administration of the estate of any deceased
person on account of the assets in respect of which he grants any certificate,
under section 31 or section 32, but he may do so if he revokes such certificate
under section 35 or ascertains that the value of the estate exceeded [44][44][one
hundred thousand rupees].
38. Transfer of certain assets from Pakistan
to executor or administrator in country of domicile for distribution.– Where a person not
having his domicile in [45][45][Pakistan] has died leaving assets in [46][46][the Province] and in the country in
which he had his domicile at the time of his death, and proceedings for the
administration of his estate with respect to assets in [47][47][the Province] have been taken under
section 31 or section 32, and there has been a grant of administration in the
country of domicile with respect to the assets in that country,
the
holder of the certificate granted under section 31 or section 32, or the
Administrator General, as the case may be, after having given the prescribed
notice for creditors and others to send in to him their claims against the
estate of the deceased, and after having discharged, at the expiration of the
time therein named, such lawful claims as he has notice of, may, instead of
himself distributing any surplus or residue of the deceased’s property to
persons residing out of [48][48][Pakistan]
who are entitled thereto transfer, with the consent of the executor or
administrator, as the case may be, in the country of domicile, the surplus or
residue to him for distribution to those persons.
(f) Liability
39. Liability
of Government.– (1) The revenues of the Government [49][49][*
* *] shall
be liable to make good all sums required to discharge any liability which the
Administrator General, if he were a private administrator, would be personally
liable to discharge, except when the liability is one to which neither the
Administrator General nor any of his officers has in any way contributed, or
which neither he nor any of his officers could, by the exercise of reasonable
diligence have averted, and in either of those cases the Administrator General
shall not, nor shall the revenues [50][50][of the Government [51][51][* * *], be subject to any
liability.
(2) [52][52][* *
* * * * * * * * *]
40. Creditors’
suits against Administrator General.– (1) If any suit be brought
by a creditor against any Administrator General, such creditor shall be liable
to pay the costs of the suit unless he proves that not less than one month
previous to the institution of the suit he had applied in writing to the
Administrator General, stating the amount and other particulars of his claim,
and had given such evidence in support thereof as, in the circumstances of the
case, the Administrator General was reasonably entitled to require.
(2) If any such suit is decreed in favour of
the creditor, he shall, nevertheless, unless he is a secured creditor, be only
entitled to payment out of the assets of the deceased equally and rateably with
the other creditors.
41. Notice of
suit not required in certain cases.– Nothing in section 80 of
the Code of Civil Procedure, 1908 (V of 1908), shall apply to any suit against
the Administrator General in which no relief is claimed against him personally.
Part IV
Fees
42. Fees.– (1) There shall be charged in respect of
the duties of the Administrator General such fees, whether by way of percentage
or otherwise, as may be prescribed by the Government:
Provided that, in the case of any
estate, the administration of which has been committed to the Administrator
General before the commencement of this Act, the fees prescribed under this
section shall not exceed the fees leviable in respect of such estate under the
Administrator General’s, Act, 1874 (II of 1874)[53][53], as subsequently amended:
[54][54][* * *
* * * * * * * * * *]
(2) The fees under this section may be at
different rates for different estates or classes of estates or for different
duties, and shall, so far as may be, be arranged so as to produce an amount sufficient
to discharge the salaries and all other expenses incidental to the working of
this Act (including such sum as Government may determine to be required to
insure the revenues of the Government [55][55][*
* *] against loss under this Act).
43. Disposal of fees.– (1) Any expenses which
might be retained or paid out of any estate in the charge of the Administrator
General, if he were a private administrator of such estate, shall be so
retained or paid and the fees prescribed under section 42 shall be retained or
paid in like manner as and in addition to such expenses.
(2) The
Administrator General shall transfer and pay to such authority, in such manner
and at such time as the Government may prescribe, all fees received by him
under this Act, and the same shall be carried to the account and credit of the
Government [56][56][* * *].
Part V
Audit of the
Administrator General’s Accounts
44. Audit of Administrator General’s
Accounts.– The
accounts of every Administrator General shall be audited at least once annually,
and at any other time if the Government so direct, by the prescribed person and
in the prescribed manner.
45. Auditors to examine accounts and report
to Government.– The
auditors shall examine the accounts and forward to the Government a statement
thereof in the prescribed form, together with a report thereon and a
certificate signed by them showing–
(a) whether they contain
a full and true account of everything which ought to be inserted therein,
(b) whether the books
which by any rules made under this Act are directed to be kept by the
Administrator General, have been duly and regularly kept, and
(c) whether the assets
and securities have been duly kept and invested and deposited in the manner
prescribed by this Act, or by any rules made thereunder, or (as the case may
be) that such accounts are deficient, or that the Administrator General has
failed to comply with this Act or the rules made thereunder, in such respects
as may be specified in such certificate.
46. Power of auditors to summon and examine
witnesses, and to call for documents.– (1) Every auditor shall have the powers of a
Civil Court under the Code of Civil Procedure, 1908 (V of 1908),–
(a) to summon any person
whose presence he thinks necessary to attend him from time to time; and
(b) to examine any person
on oath to be by him administered; and
(c) to issue a commission
for the examination on interrogatories or otherwise of any person; and
(d) to summon any person
to produce any document or thing the production of which appears to be
necessary for the purpose of such audit or examination.
(2) Any
person who when summoned refuses, or without reasonable cause, neglects to
attend or to produce any document or thing or attends and refuses to be sworn,
or to be examined, shall be deemed to have committed an offence within the
meaning of, and punishable under, section 188 of the Pakistan Penal Code (XLV
of 1860), and the auditor shall report every case of such refusal or neglect to
Government.
47. Costs of audit, etc.– The costs of and
incidental to such audit and examination shall be determined in accordance with
rules made by the Government, and shall be defrayed in the prescribed
manner.
Part VI
Miscellaneous
48. General Powers of administration.— The Administrator
General may, in addition to, and not in derogation of, any other powers of
expenditure lawfully exerciseable by him, incur expenditure–
(a) on
such acts as may be necessary for the proper care and management of any
property belonging to any estate in his charge; and
(b) with the sanction of
the High Court [57][57][* * *] on such religious, charitable and
other objects, and on such improvements, as may be reasonable and proper in the
case of such property.
49. Power of person beneficially interested
to inspect Administrator General’s accounts, etc., and take copies.– Any person interested in
the administration of any estate, which is in the charge of the Administrator
General shall, subject to such conditions and restrictions as may be
prescribed, be entitled at all reasonable times to inspect the accounts
relating to such estate and the reports and certificates of the auditor, and on
payment of the prescribed fee, to copies thereof and extracts therefrom.
50. Power to make rules.– (1) The Government shall
make rules for carrying into effect the objects of this Act and for regulating
the proceedings of the Administrator General.
(2) In
particular and without prejudice to the generality of the foregoing power, such
rules may provide for–
(a) the accounts to
be kept by the Administrator General and the audit and inspection thereof,
(b) the
safe custody, deposit and investment of assets and securities which come into
the hands of the Administrator General,
(c) the
remittance of sums of money in the hands of the Administrator General in cases
in which such remittances are required,
(d) subject to the
provisions of this Act, the fees to be paid under this Act, and the collection
and accounting for any such fees,
(e) the statements,
schedules and other documents to be submitted to the Government or to any other
authority by the Administrator General, and the publication of such statements,
schedules or other documents,
(f) the
realization of the cost of preparing any such statements, schedules or other
such documents,
[58][58][* * *
* * * * * * * * *]
(g) the manner in
which and the person by whom the costs of and incidental to any audit under the
provisions of this Act are to be determined and defrayed,
(h) the manner in
which summonses issued under the provisions of section 46 are to be served and
the payment of the expenses of any person summoned or examined under the
provisions of this Act and of any expenditure incidental to such examination,
and
(i) any matter in
this Act directed to be prescribed.
(3) All rules made under this Act shall be
published in the official Gazette and, on such publication, shall have effect
as if enacted in this Act.
51. False
evidence.– Whoever, during any examination authorized by this Act,
makes upon oath a statement which is false and which he either knows or
believes to be false or does not believe to be true, shall be deemed to have
intentionally given false evidence in a stage of a judicial proceeding.
52. Assets
unclaimed for twelve years to be transferred to Government.– All
assets in the charge of the Administrator General which have been in his
custody for a period of twelve years or upwards whether before or after the
commencement of this Act without any application for payment thereof having
been made and granted by him shall be transferred, in the prescribed manner, to
the account and credit of the Government [59][59][*
* *]:---
Provided that this section shall not
authorize the transfer of any such assets as aforesaid, if any suit or
proceeding is pending in respect thereof in any Court.
53. Mode of
proceeding by claimant to recover principal money so transferred.– (1)
If any claim is hereafter made to any part of the assets transferred to the
account and credit of the Government [60][60][*
* *] under the provisions of this Act, or any Act hereby repealed, and if such
claim is established to the satisfaction of the prescribed authority, the
Government
[61][61][*
* *] shall pay to the claimant the amount of the principal so transferred to
its account and credit or so much thereof as appears to be due to the claimant.
(2) If the claim is not established
to the satisfaction of the prescribed authority, the claimant may, without
prejudice to his right to take any other proceedings for the recovery of such
assets, apply by petition to the High Court [62][62][* * *] against the [63][63][Government], and such Court, after
taking such evidence as it thinks fit, shall make such order in regard to the
payment of the whole or any part of the said principal sum as it thinks fit,
and such order shall be binding on all parties to the proceeding [64][64][.]
[65][65][* * *
* * * * * * * * * *]
(3) The
Court may further direct by whom the whole or any part of the cost of each
party shall be paid.
54. District
Judge in certain cases to take charge of property of deceased persons, and to
report to Administrator General.– (1) Whenever any person,
other than an exempted person, dies leaving assets within the limits of the
jurisdiction of a District Judge, the District Judge shall report the
circumstance without delay to the Administrator General [66][66][*
* *] stating the following particulars so far as they may be known to him:-
(a) the amount and nature
of the assets,
(b) whether
or not the deceased left a will and, if so, in whose custody it is,
(c) the
names and addresses of the surviving next-of-kin of the deceased, and, on the
lapse of one month from the date of the death,
(d) whether or not any
one has applied for probate of the will of the deceased or letters of
administration of his estate.
(2) The
District Judge shall retain the assets under his charge, or appoint an officer
under the provisions of section [67][67][269 of the Succession Act, 1925 (XXXIX
of 1925)], to take and keep possession of the same until the Administrator
General has obtained letters of administration, or until some other person has
obtained probate or such letters or a certificate from the Administrator
General under the provisions of this Act, when the assets shall be delivered
over to the holder of such probate, letters of administration or certificate:
Provided that the District Judge
may, if he thinks fit, sell any assets which are subject to speedy and natural
decay, or which for any other sufficient cause he thinks should be sold, and he
shall thereupon credit the proceeds of such sale to the estate.
(3) The
District Judge may cause to be paid out of any assets of which he or such
officer has charge, or out of the proceeds of such assets or of any part
thereof, such sums as may appear to him to be necessary for all or any of the
following purposes, namely:-
(a) the payment of
the expenses of the funeral of the deceased and of obtaining probate of his
will or letters of administration of his estate or a certificate under this
Act,
(b) the payment of
wages due for services rendered to the deceased within three months next
preceding his death by any labourer, artisan or domestic servant,
(c) the relief of
the immediate necessities of the family of the deceased, and
(d) such
acts as may be necessary for the proper care and management of the assets left
by the deceased, and nothing in section [68][68][230,
section 321 or section 322 of the Succession Act, 1925 (XXXIX of 1925)], or in
any other law for the time being in force with respect to rights of priority of
creditors of deceased persons shall be held to affect the validity of any
payment so caused to be made.
55. Succession Act and Companies Act not to
affect Administrator General.– (1) Nothing contained in the [69][69][Succession Act, 1925 (XXXIX of 1925)],
or the [70][70][Companies Ordinance 1984 (XLVII of
1984)], shall be taken to supersede or affect the rights, duties and privileges
of any Administrator General.
[71][71][* * *
* * * * * * * * * *]
56. Order of Court to be equivalent to
decree.– Any
order made under this Act by any Court shall have the same effect as a decree.
57. Provision for administration by Consular
Officer in case of death in certain circumstances of foreign subject.– Notwithstanding anything
in this Act, or in any other law for the time being in force, the [72][72][[73][73][* * *] Government] may, by general or
special order, direct that, where a subject of a foreign State dies in [74][74][the Punjab], and it appears that there
is no one in [75][75][Pakistan] other than the Administrator
General, entitled to apply to a Court of competent jurisdiction for letters of
administration of the estate of the deceased, letters of administration shall,
on the application to such Court of any Consular Officer of such foreign State,
be granted to such Consular Officer on such terms and conditions as the Court
may, subject to any rules made in this behalf by the [76][76][[77][77][* * *] Government] by notification in
the [78][78][official Gazette] think fit to impose.
58. [79][79][* * *
* * * * * * * * *]
59. Saving of
provisions Registration Act, 1908.– Nothing
in this Act shall be deemed to affect the provisions of the Registration Act,
1908 (XVI of 1908).
59A. [80][80][* * *
* * * * * * * * *]
60. [81][81][* * *
* * * * * * * * *]
The Schedule
[82][82][* * * * * * * *]
[1][1]For Statement of Objects and Reasons, see Gazette of India, 1912, Pt. V, p. 188; for Report of Select Committee, see ibid, 1913, Pt. V, p. 3; and for Proceedings in Council, see ibid, 1912, Pt. VI, p. 697 and ibid, 1913, Pt. VI, pp. 14, 28 and 64.
This Act was extended to the Leased Areas of Baluchistan, see G.G.O. 3 of 1950; and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.
This Act was originally in the Federal ambit, however, the subject on which this law was enacted, has devolved to the provinces by virtue of 18th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the Punjab by the Punjab Administrator General’s (Amendment) Act 2012 (V of 2012).
[2][2]Substituted by the Administrator General’s (Amendment) Act 2012 (V of 2012).
[3][3]The 1st April, 1914, see Gen. R. & O.
[4][4]Substituted by the Federal Adaptation Order, 1975, Art. 2 and Table, for “Central Government”, which was previously substituted by Adaptation Order, 1937, for “G.G. in C.”.
[5][5]Substituted ibid., for “Gazette of India”.
[6][6]Substituted by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 4 and III Sch., for “an”.
[7][7]Substituted by Adaptation Order, 1949, Sch., for “Indian Christian”.
[8][8]The word “Pakistani” omitted by the Administrator General’s (Amendment) Act 2012 (V of 2012).
[9][9]Substituted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch., for “332 of the Indian Succession Act, 1865”.
[10][10]Substituted by the Administrator General’s (Amendment) Act 2012 (V of 2012).
[11][11]Omitted ibid.
[12][12]Cls. (7), (9), (10) and (11), defining official Gazette,
the Presidencies of Bengal,
[13][13]Ibid.
[14][14]Clauses (12) and (13) omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and Sch. II. These clauses were previously amended by various enactments.
[15][15]Substituted ibid., for section 3, which was previously amended by various enactments from time to time.
[16][16]Substituted for the word “Administrators” by the Administrator General’s (Amendment) Act 2012 (V of 2012).
[17][17]Substituted ibid.
[18][18]Ibid, for the words “a High Court”.
[19][19]The words “of the Province for which he is appointed” omitted by the Administrator General’s (Amendment) Act 2012 (V of 2012).
[20][20]Section 6 “As regards Administrator General, High Court to be deemed a Court of competent jurisdiction for the purpose of granting probate or letters of administration”, omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), S. 3 and Schedule II.
[21][21]The words “at any Presidency-town” repealed by Adaptation Order, 1937.
[22][22]The words “of the Province” omitted by the by the Administrator General’s (Amendment) Act 2012 (V of 2012).
[23][23]Ibid.
[24][24]Substituted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and Schedule II, for “Division”, which was previously amended by Adaptation Order, 1937, for “Presidency”.
[25][25]Substituted by the Administrator General’s (Amendment) Act 2012 (V of 2012).
[26][26]Substituted for the words “a High Court”, by the Administrator General’s (Amendment) Act 2012 (V of 2012).
[27][27]Ibid.
[28][28]Inserted by the Repealing and Amending Act, 1927 (X of 1927), s. 2 and Schedule I.
[29][29]Section 15 “Act not to affect Regimental Debts Act, 1893” omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), S.3 and Schedule II.
[30][30]Section 16 “Letters of administration not necessary in respect of small estates administered by Administrator General in accordance with the Regimental Debts Act, 1893” omitted ibid.
[31][31]Section 17 “Power to Grant Administrator General letters limited to purpose of dealing with assets in accordance with the Regimental Debts Act, 1893” omitted ibid.
[32][32]Substituted for the word “Division” by the Administrator General’s (Amendment) Act 2012 (V of 2012).
[33][33]Substituted by Adaptation Order, 1937, for the original section.
[34][34]The words “at any Presidency-town” repealed ibid.
[35][35]The words “of any Province” omitted by the Administrator General’s (Amendment) Act 2012 (V of 2012).
[36][36]Substituted ibid, for the words “such Province”.
[37][37]Substituted by Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), S.3 and Schedule II, for “Divisions”, which was previously substituted by Adaptation Order, 1937, for “Presidencies”.
[38][38]Paragraph omitted by the Adaptation Order 1937.
[39][39]The words “of the Province in which any of the assets of the estate” omitted by the Administrator General’s (Amendment) Act 2012 (V of 2012).
[40][40]The words “at the Presidency-town” repealed by Adaptation Order, 1937.
[41][41]The words “of the Division” omitted by the Administrator General’s (Amendment) Act 2012 (V of 2012).
[42][42]Substituted ibid.
[43][43]Substituted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch. II, which was previously amended by Repealing and Amending Act 1940 (XXXII of 1940); s.3 and Sch. II, for ‘“Presidency”.
[44][44]Substituted for the words “ten thousand rupees” by the Administrator General’s (Amendment) Act 2012 (V of 2012).
[45][45]Substituted by the Central Laws (Statute Reform)
Ordinance, 1960 (XXI of 1960), s. 3 and Schedule II (with effect from the 14th
October, 1955), for “the Provinces and the Capital of the Federation” which had
been substituted by Adaptation Order, 1949, Arts. 3(2) and 4, for “
[46][46]Substituted for the words “any Province” by the Administrator General’s (Amendment) Act 2012 (V of 2012).
[47][47]Ibid, for the words “any such Province”.
[48][48]Substituted by the Central Laws (Statute Reform)
Ordinance, 1960 (XXI of 1960), s. 3 and Schedule, II (with effect from the 14th
October, 1955), for “the Provinces and the Capital of the Federation” which had
been substituted by Adaptation Order, 1949, Arts. 3(2) and 4, for “
[49][49]The words “of
[50][50]The words “of the Government or” were inserted by the Official Trustees and Administrator General’s (Amendment) Act, 1922 (XXI of 1922).
[51][51]The words “or of the Government of India” repealed by Adaptation Order, 1937.
[52][52]Sub-section (2) omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and Sch., II. This sub-section was previously amended by the Official Trustees and Administrator General’s Act Amendment Act, 1922 (21 of 1922), s. 6.
[53][53]Repealed by the Administrator General’s Act, 1913 (III of 1913).
[54][54]Proviso omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Schedule II.
[55][55]The words “of
[56][56]The words “of
[57][57]The words “at the Presidency-town” repealed by Adaptation Order, 1937.
[58][58]Cl. (ff), inserted by the Repealing and Amending Act, 1914 (X of 1914), was repealed by the Destruction of Records Act, 1917 (V of 1917), s. 6 and Sch.
[59][59]The words “of
[60][60]Ibid.
[61][61]Ibid.
[62][62]The words “at the Presidency-town” repealed by Adaptation Order, 1937.
[63][63]Substituted ibid, for “Secretary of State for
[64][64]Substituted by Adaptation Order, 1961, Art. 2 and Sch., for semi-colon (with effect from the 23rd March, 1956).
[65][65]Proviso as inserted by Adaptation Order, 1937, has been omitted by Adaptation Order, 1961, Art. 2nd Sch. (with effect from the 23rd March, 1956).
[66][66]The words “of the Division” omitted by the Administrator General’s (Amendment) Act 2012 (V of 2012).
[67][67]Substituted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and Schedule, II, for “229 of the Indian Succession Act, 1865”.
[68][68]Ibid, for “279, section 280 or section 281 of the Indian Succession Act, 1865”.
[69][69]Substituted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and Sch., II, for “Indian Succession Act, 1865”.
[70][70]Substituted for the words “Companies Act 1913 (VII of 1913)” by the Administrator General’s Act 2012 (V of 2012).
[71][71]Sub-section (2) as amended by Adaptation Order, 1937, omitted by Adaptation Order, 1949, Sch.
[72][72]Substituted by Federal Adaptation Order, 1975, Art. 2 and Table, for “Central Government”, which was previously substituted by Adaptation Order, 1937, for “G.G. in C.”.
[75][75]Substituted
by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960) s. 3 and 2nd
Schedule (with effect from the 14th October, 1955), for “the
Provinces and the Capital of the Federation” which had been substituted by
Adaptation Order, 1949, Arts. 3 (2) and 4, for “
[76][76]Substituted by Federal Adaptation Order, 1975, Art. 2 and Table, for “Central Government”, which was previously substituted by Adaptation Order, 1937, for “G.G. in C.”.
[78][78]Substituted by Adaptation Order, 1937, for “Gazette of
[79][79]Section 58 “Division of Presidency into Provinces” repealed ibid.
[80][80]Section 59A. “Saving” omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), S.3 and Schedule, II.
[81][81]Section 60 “Repeals” repealed by the Repealing Act, 1927 (XII of 1927), S. 2 and Schedule.
[82][82]The Schedule “Enactments Repealed” repealed ibid.
Administrator General’s Rules,
1914
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