The Acceding State (Property) Order, 1961

The President's Order No. 12 of 1961

[Gazette of Pakistan, Extraordinary, 2nd September 1961]

No. S. 2/25/59, 22-8-1961.-The following Order made by the President on the 22nd August 1961 is hereby published for general information:—

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 the following Order:—

1. (1) This Order may be called the Acceding State (Property) Order, 1961.

(2) It shall come into force at once, but an order made in pursuance of it may be given retrospective effect to a date not earlier than the fifteenth day of August 1947.

2. In this Order, references to a State shall be construed as references to a State which has at any time after the 14th day of August 1947 been in accession with Pakistan, and references to a Ruler shall be construed as including references to the Ruler of such a State and to the person recognized for the time being under the Rulers (Recognition of Successors) Order, 1960, as the successor of the Ruler.

3. Where any question arises directly or indirectly between persons claiming to be the heirs and successors of the Ruler of a State or claiming to succeed to the State, concerning the devolution and distribution of any property of that State or of the Ruler, the question shall be decided by an order of the Central Government.

4. A question whether any disposition of property, whether purporting to be the property of the State or of the Ruler, has been made in the due exercise of power to make it or ought for any reason to be undone shall be deemed to be a question falling under the preceding Article.

5. (1) Where the decision requires the recovery of a sum of money the order shall direct that the sum be recovered as an arrear of land revenue, and where it requires the recovery of any other property it shall direct the attachment of such property by seizure, and upon the sum being recovered or the property being attached, the same shall forthwith be at the disposal of the Central Government and shall be dis*posed of by the Central Government by direction in such a way as may best give effect to the decision.

(2) An order requiring recovery shall be directed to the Deputy Commissioner, and an order requiring attachment shall be directed to the District Magistrate, of the district concerned and he shall cause it to be executed according to its tenor.

(3) Where the property is other than money, and has been lost or destroyed or otherwise disposed of and is irrecoverable the Central Government may assess its value in money and order the recovery of an equivalent sum as an arrear of land revenue as provided in clause (1).

6. All expenses incurred by the Central Government in determining any question referred to it under Article 3 and all expenses incidental or consequential thereto shall be recoverable from the property to which the dispute relates, and shall be the first charge thereon.

7. No Court shall have jurisdiction to entertain any such question as is referred to in Article 3, and no Court shall call in question any order of the Central Government made under that Article or Article 5 or any proceedings connected therewith.