Updated: Thursday March 28, 2013/AlKhamis
Jamada El Oula 17, 1434/Bruhaspathivara
Chaitra 07, 1935, at 07:57:08 PM
Abandoned Properties’ (Taking over and Management)
Act, 1975
ACT XX OF 1975
An Act to provide for the taking over and management of certain properties
[Gazette of
The following Act of Parliament received the assent of the President on the
12th February 1975, and is hereby published for general information:---
Whereas it is expedient to provide for the taking over and management of
certain properties, and for matters connected therewith;
And whereas the Proclamation of Emergency referred to in Article 280 of the Constitution is still in force;
It is hereby enacted as follows:---
1. Short title, extent and commencement.-(1) This Act may be called the Abandoned
Properties’ (Taking Over and Management) Act, 1975.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions.---In this Act,
unless there is anything repugnant in the subject or context,---
(a) “abandoned property” means any property, movable or immovable (including
share in industrial units and firms, investments, deposits, policies of
insurance and all other interests and rights in or to or arising out of any
such property), belonging to a specified person and includes any such property
sold or transferred to, or placed under the supervision or control of, any
other person on or after the sixteenth day of December 1971, but does not
include any ornaments or wearing apparel or any cooking vessels or other household
effects in the immediate possession of a specified person, not exceeding a
total of rupees one thousand;
(b) “Administrator” means the Administrator appointed under section 5, and
includes a Deputy Administrator;
(c) “Board” means the Board of Trustees constituted under section 4;
(d) “prescribed” means prescribed by rules;
(e) “rules” means rules made under this Act;
(f) “specified person” means a citizen of Pakistan domiciled in the territories
which immediately before the sixteenth day of December 1971, constituted the
province of East Pakistan who has left or leaves or has expressed his desire to
be taken out of, or to be allowed to leave, the territories of Pakistan and
includes a company registered in the said territories the registered office of
which has not been shifted in pursuance of the Companies (Shifting of
Registered Office) Ordinance, 1972 (V of 1972).
3. Vesting of abandoned property in Government. ----All abandoned property
shall vest and shall be deemed always to have vested in the Federal Government
on and from the sixteenth day of December 1971.
4. Board of Trustees.---(1) As soon as may be after the commencement of this
Act, the Federal Government shall, by notification in the official Gazette,
constitute a Board of Trustees consisting of a Chairman and such number of
other Trustees as the Federal Government may specify in the notification, for
the control and management of abandoned property.
(2) In discharging its functions, the Board shall be guided on questions of
policy by the instructions, if any, given to it by the Federal Government which
shall be the sole judge as to whether a question is a question of policy.
(3) The meetings of the Board shall be held at such intervals and at such time
and place as the Chairman of the Board may determine.
(4) Subject to the rules, the Board may, with the previous approval of the
Federal Government and by notification to the official Gazette, make
regulations for regulating its procedure.
(5) At any time. when the office of Chairman is vacant or the Chairman is
absent or is unable to perform the functions of his office due to any other
cause, the Federal Government may appoint any member of the Board to act as
Chairman until a Chairman is appointed or, as the case may be, the Chairman resumes
his functions.
5. Appointment of Administrator and Deputy Administrators.---(1) For the
purpose of carrying the provisions of this Act into effect, the Federal
Government may, by notification in the official Gazette, appoint an
Administrator for Pakistan and one or more Deputy Administrators for such areas
as may be specified in the notification.
(2) The Administrator shall exercise his powers and perform his functions
subject to the general supervision and control of the Board and shall be guided
by any general or special order made by the Board.
6. Holding of abandoned property and its surrender, etc.---(1) Every person who
is, or has at any time after the sixteenth day of December 1971, been in
possession, supervision or management of any abandoned property shall be deemed
to hold or to have held, as the case may be, such property on behalf of the
Board.
(2) As soon as may be, but not later than such date as may be notified by the
Federal Government in the official Gazette, every person who is, or has at any
time after the sixteenth day of December 1971, been in possession, supervision
or management of any abandoned property or property which he knows or has
reason to believe to be abandoned property, and whose authority or right to
hold, occupy, supervise or manage such property has not been accepted or
approved by the Administrator, shall submit to the Administrator, or to any
person authorized by him in this behalf,---
(a) full information relating to such property, including the date since when,
or the period for which, he had been in possession, supervision or management
thereof; and
(b) a detailed account of the rents, profits, income and other moneys received
or benefits derived from such property since the sixteenth day of December
1971, or for the period he has been in possession, supervision or management
thereof.
(3) Every person as aforesaid shall, as soon as may be, but not later than such
date as may be notified by the Federal Government in the official Gazette,
intimate to be Administrator in writing his willingness to surrender such
property to the Administrator or to any person authorized by the Administrator
in this behalf, and shall surrender the same if called upon by the
Administrator or any person authorized as aforesaid.
7. Power of Administrator to take possession of abandoned property.--If, any
person who has purchased any abandoned property the sale of which has not been
confirmed by the Administrator under section 13, or who is in possession,
supervision or management of any abandoned property or property which he knows
or has reason to believe to be abandoned property does not surrender such
property to the Administrator or the person authorized by him in this behalf,
then, without prejudice to any other action or penalty to which such person may
otherwise be liable, the Administrator may use such force as is necessary for
taking possession of such property and may for this purpose, after giving
reasonable warning and facility to any woman not appearing in public to withdraw,
remove or break open any lock, bolt or door, or do any other act necessary for
the said purpose.
8. Payment to Administrator.--(1) Any amount due to a specified person or
payable in respect of any abandoned property or property of which the Administrator
has taken possession shall be paid to the Administrator by the person liable to
pay the same.
(2) Any person who makes a payment under subsection (1) shall be discharged
from further liability to pay to the extent of the payment made.
9. Recovery of damages for unauthorized possession.--Any person who has been in
possession or occupation of abandoned property in an unauthorized manner or is
found to have misappropriated or unlawfully converted abandoned property to his
own use or caused loss to it by his act or omission shall, without prejudice to
any other action or penalty to which he may otherwise be liable, pay such
damages as may be assessed by the Administrator:---
Provided that no such damages shall be assessed by the Administrator without giving
notice to such person and affording him an opportunity of being beard.
10. Exemption from legal process.---(1) Property which has vested in the
Federal Government or of which possession has been taken by the Administrator
shall be exempted from all legal process, including seizure, distress,
ejectment, attachment or sale by any officer of a Court or any other authority,
and no injunction or other order of whatever kind in respect of such property
shall be granted or made by any Court or any other authority, and the Federal
Government shall not be divested and the Administrator shall not be
dispossessed of such property by operation of any law for the time being in
force.
(2) Upon the commencement of this Act, any such legal process as a foresaid
subsisting immediately before such commencement shall cease to have effect and
all abandoned property in custody of any Court, or receiver, guardian or other
officer or person appointed by it, shall, upon delivery of the same being
called for by the Administrator, be delivered to the Administrator.
11. Publication of list of abandoned property. ---The Administrator shall
publish, by notification in the official Gazette, a list of abandoned property
in any area.
12. Prohibition of transfer of property generally.--The Federal Government may,
by notification in the official Gazette, declare that in such area with a view
to preventing the unauthorised or surreptitious transfer of abandoned
properties in any area in which a considerable number of such properties is believed
to be situated, for such period as may be specified in tile notification, the
transfer of any property or class of property, or the creation of any right or
interest therein or encumbrance thereon, shall be prohibited, and where any
such declaration has been made, no such transfer or creation shall be made
during that period in that area except with the previous approval in writing of
the Administrator.
13. Confirmation of transfer by specified persons. ---- (1) No creation or
transfer of any right or interest in or encumbrance upon any property mad-*in
any manner whatsoever on or after the sixteenth day of December 1971., by or on
behalf of a specified person shall be effective so as to confer any right or
remedy on any party thereto or on any person claiming under any such party,
unless it is confirmed by the Administrator.
(2) An application for confirmation of such creation of any right or
encumbrance or transfer as aforesaid as may be made to the Administrator within
the prescribed period by any party thereto, or by any person claiming under or
lawfully authorized by such party.
(3) The Administrator shall hold a summary inquiry into the application in the
prescribed manner and may reject the application if he, is of opinion that the
creation or transfer,---
(i) was not or has been entered into in good faith or for adequate
consideration; or
(ii) ought for any other reason not to be confirmed.
(4) If the application is not rejected under subsection (3), the Administrator
may, with the prior approval of the Board, confirm the creation or transfer
either unconditionally or subject to such terms and conditions as he, thinks
fit to impose.
14. Claims by interested persons.--(1) Any person claiming any right or
interest in any property treated by the Administrator as abandoned property
,nay prefer a claim to the Administrator on the ground that,---
(a) the property is not abandoned property; or
(b) his interest in the property has not been affected by the provisions of
this Act.
(2) An application under subsection (1) shall be made within the prescribed
period being a period of not less than thirty days from the prescribed date.
(3) On receiving an application under subsection (2), the, Administrator shall
hold a summary inquiry in the prescribed manner and, after taking such evidence
as may be produced, shall pass an order stating the reason therefore, rejecting
the application or allowing it wholly or in part on Such terms and conditions
as he thinks fit to impose.
15. Appeal and revision. --- (1) Any person aggrieved by an order n decision of
the Administrator may, within the prescribed period, which shall not be less
than twenty-one days, prefer an appeal to the Board.
(2) The Board may, after giving the appellant an opportunity of being heard,
pass such order as it thinks fit.
(3) The Board may, at any time, either of its own motion or on the application
of any person made within the prescribed period, call for the record of any
proceeding under this Act which is pending before, or has been disposed of by
the Administrator, for the purpose of satisfying itself as the legality or
propriety of any order passed in the said proceeding and may after perusal of
the record pass such order in relation thereto as it thinks fit:---
Provided that the Board shall not, under this subsection, pass an order
revising or modifying an order affecting any person without giving such person
an opportunity of being heard.
(4) An order of the Board in an appeal or revision shall be final.
16. Powers and duties of the Administrator generally.--(1) The Administrator
may take such measures as he considers necessary or expedient for the purpose
of securing, administering and managing any abandoned property or property of
which possession has been taken by him and may, for and, such purpose as
aforesaid, do all acts and incur all expenses necessary or incidental thereto.
(2) Without prejudice to the generality of the provisions contained it subsection
(1), the Administrator may,---
(a) carry on the business or undertaking of a specified person;
(b) enter or authorize any person to enter on any land or premises to inspect
any abandoned property;
(c) take all such measures as may be necessary to keep any abandoned property
in good repair;
(d) direct any person, notwithstanding anything contained in any other law for
the time being in force relating to the disclosure of any information by a
public servant or any outer person, to furnish such return, account or other
information in relation to any property and to produce such documents as the
Administrator considers necessary for the discharge of his duties under this
Act;
(e) search, or authorize any other person to search, any building or place in
which the Administrator has reason to believe that any abandoned property or
any document tending to show that any person is a specified person or that any
property is abandoned property is being kept or concealed and take possession
thereof;
(f) determine the rent to be recovered from a person found in unauthorized
occupation of abandoned property for the period of such occupation;
(g) create a charge on abandoned property;
(h) incur or allow any expenditure to be incurred in tire prescribed manner
including the payment of taxes, duties, cesses and rates to the Government or
to any local authority or of any debt due by a specified person or any claim
against him after satisfying himself as to the genuineness of such due or
claim:---
(i) demolish or dismantle any abandoned property which in the opinion of the
Administrator cannot be repaired;
(j) evict with such force as may be necessary an unauthorized occupant of
abandoned property or an occupant of such property to whom it has been let out
by or on behalf of the Administrator and who makes default in pitying tire rent
for such property or other commits a
breach of the terms on which it is let out;
(k) invest in any security approved by the Federal Government or in the
prescribed manner any money held by him.
(3) The Administrator shall exercise the powers and perform the functions
assigned to him by or under this Act under the general supervision and control
of the Board.
17. Evaluation of abandoned property.----(1) The Administrator may determine
the value of any property of which possession has been taken by him or empower
any officer to do so.
(2) If it appears to the Board in any case that the value of any property
determined under subsection (1) is not proper, it may make necessary enquiry an
the matter and pass such orders as it may think proper and the orders so passed
shall be final,
18. Expenditure by Administrator how to be recouped. ---Subject to the
provisions of section 14, any expenditure incurred by the Administrator in the
exercise of any power conferred by this Act shall, in relation to any abandoned
property in respect of which it has been incurred, be a charge on such property
and shall have priority over all other charges on the property and such
expenditure may be met or recouped by the Administrator out of the income
accruing from such property.
19. Maintenance of accounts by Administrator.----(1) The Administrator shall
maintain a separate account of each abandoned property of which he has taken
possession, and shall cause to be made therein entries of all receipts and
expenditure in respect thereof.
(2) The account shall be maintained in such form and in such manner its the
Federal Government may direct.
(3) The Federal Government shall cause the account to be inspected and audited
at such interval; and by such persons as it may, in consultation with the
Auditor-General of
20. Powers of hoard and Administrator wren holding an inquiry, etc.---(1) When
holding an inquiry or hearing an appeal or revision under this Act, the
Administrator, or as the case may be, the Board shall have the same powers as
are vested in a Court under the Code of Civil Procedure, 1908 (Act V of 1908),
when trying a suit, in respect of the following matters, namely:---
(a) enforcing the attendance of any person and examining him on oath or
affirmation;
(b) compelling the discovery and production of documents, articles and things;
(c) issuing a commission for the examination of witnesses;
(d) any prescribed matter.
(2) Every proceeding before the Administrator or the Board under this Act shall
be deemed to be judicial proceeding within the meaning of sections 193 and 228
of the Pakistan Penal Code (Act XLV of 1860), and for the purposes of section
196 of that Code, the Administrator or the Board shall be deemed to be a Court
within the meaning of sections 480 and 482 of the Code of Criminal Procedure,
1898 (Act V of 1898).
21. Recovery of arrears.---When any person is in default in making, payment of
any amount payable to the Administrator and under this Act or in pursuance of
any rule, regulation or agreement made or entered into there under, the
Administrator spay, in accordance with the rules recover the *amount by one or
more of the following modes, namely:---
(a) attachment and sale, or sale without attachment, of any movable ands
irremovable property of such person; and
(b) appointment of a receiver for the management of the movable and irremovable
properties of such person.
22. Penalty and procedure.-(1) Any person who,---
(a) contravenes, or resists or interferes with the enforcement of the
provisions of this Act or any rule or order made thereunder; or
(b) in an application or in any proceedings under this Act, furnishes or abets
the furnishing of any information which he knows or pas reason to believe to be
false, or fraudulently conceals or misrepresents facts, or abets such
concealment or misrepresentation, shall be punishable with rigorous
imprisonment for a term which may extend to three years, or with fine or with
both.
(2) No Court shall take cognizance of any offence punishable; wider this Act
save upon a complaint is writing made by an officer appointed wider this Act
and authorized by the Board in this behalf.
24. Indemnity.--No suit, prosecution or other legal proceeding shall lie
against the Federal Government, tire Board, the Administrator, a Deputy
Administrator or any other person for anything in good faith done or intended
to be done under this Act.
25. Delegation of powers.----The federal Government may, by notification in,
the official Gazette, direct that all or any of its powers under this Act
shall, subject to such conditions, if any, as may be specified in the
notification, be exercised also by such officer or authority as spay be so
specified.
26. Officers end servants. ---The Board may appoint or employ such officers and
servants as it considers necessary for the efficient performance of its
functions, on such terms and conditions as it may determine.
27. Art to override other laws. ---The provisions of this Act or any order or
rule mace thereunder shall have effect notwithstanding anything inconsistent
therewith contained is any other law for the time being in force or in any
instrument having effect by virtue of any such law and nothing contained in
arty law relating to tire determination of the rent of any immovable property
shall apply to any abandoned property.
28. Power to exempt.--The Federal Government may by notification in the
official Gazette, exempt any person or class of persons or any property or
class of property from the operation of all or any of the provisions of this
Act.
29. Power of Federal Government to take action with regard to abandoned
property,---Federal Government may for the purpose of regulating the
administration of any abandoned property, make such orders or direct such
action to be taken in relation thereto as in its opinion the circumstances of
the case require and as is not inconsistent with any of the provisions of this
Act.
30. Power to make rules.--(1) The Federal Government may, by notification in
the official Gazette, make such rules as appear to it to by necessary for
carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely:---
(a) the terms and conditions of service of the Administrator and Deputy
Administrators;
(b) the functions to be performed by the Administrator and the Deputy
Administrators;
(c) the manner in which entry or search under clause (b) or clause (e) of
subsection (2) of section 16 may be made or possession of any abandoned
property may be taken by the Administrator;
(d) the manner in which inquiries under this Act may be held;
(e) the time within which application for confirmation under section 13 or
preferring claim under section 14 may be made;
(f) the income-tax authority who may issue a no-objection certificate under
section 13;
(g) the powers vested in a civil Court which may be exercised by the
Administrator when holding any inquiry trader this Act;
(h) the fees payable to the Administrator for the, administration of abandoned
property; and
(i) the delegation of powers and functions of the Administrator to a Deputy
Administrator or any other officer appointed under this Act.
31. Removal of difficulties.----If any difficulty arises in giving effect to
arty provisions of this Act, within three months after the commencement the
this Act, the Federal Government may make such order, not inconsistent with the
provisions of this Act, as it considers necessary or expedient for the purpose
of removing that difficulty.
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