32.  Grant of certificate to creditors and powers to take charge of certain estates.  If, in cases tailing 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 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. Transfer of certain assets from Pakistan to executor or administrator in country of domicile for distribution. — (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 ten thousand rupees.

38.  Transfer of certain assets form Pakistan to executor or administrator in country of domicile for distribution.  Where a person not having his domicile in Pakistan] has died leaving assets in any [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 any such [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 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.

39.  Liability of Government. — (1) The revenues of the Government 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 [of the Govern­ment]  , be subject to any liability.

40.  Creditor’s 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, 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 Generals Act, 18741, as subsequently amended :                                            

(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 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.

PAR-V

AUDIT OF THE ADMINISTRATOR GENERALS 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 there under, 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,

(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, 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 exercisable by him, incure 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 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 there from.

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,

(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 authorised 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 :

Provided that this section shall not authorise 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 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 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    against the 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.

 (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 of the Division 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 l charge, or appoint an officer under the provisions of section 269 ; of the Succession Act, 19251, to take and keep possession of f 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 lie thinks fit, sell any assets which arc 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, artizan 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 [230, section 321 or section 322 of the Succession Act, 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 Succession Act, 1925, or the Companies Act, 1913], shall be taken to supersede or affect the rights, duties and privileges of any Administrator Gene­ral.

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 Federal Government may, by general or special order, direct that, where a subject of a foreign State dies in Pakistan], and it appears that there is no one in [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 Federal Government] by notification in the official Gazette think fit to impose.

58. [Division of Presidency into Provinces.] Rep. by A. 0., 1937.

59.  Saving of provisions Registration Act, 1908.  Nothing in this Act shall be deemed to affect the pro­visions of the Registration Act, 1908.

59A. [Saving.} Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch; II.

60. {Repeals.} Rep. by the Repealing Act, 1927 (XII of 1927), s. 2 and Sch.

 

THE SCHEDULE

Enactment’s Repealed.

 Rep. by the Repealing Act, 1927 (XII of 1927), s. 2 and Sch.

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