ABANDONED PROPERTIES (MANAGEMENT) ACT, 1975
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 sub-section (1), the Administrator may__
(a) carry on the business or undertaking of a specified person ;
(b) enter or authorise 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 other 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 authorise 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 unauthorised 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 unauthorised 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 paying the rent for such property or otherwise 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 sub-section (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 as 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 Pakistan, determine.
20. Powers of Board and Administrator when 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 may, in accordance with the rules recover the amount 1[alonwith interest thereon at such rate as the Federal Government may, by notification in the official Gazette, specify] by one or more of the following modes, namely:
(a) attachment and sale, or sale without attachment, of any movable and 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
1Ins. by the Abandoned Properties (taking outs and Mangement) (Amdt.) Act, 1976 (45 of 1976) s. 5, (w.e.f 12-2-1975).
(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 has reason to believe to be false, or fraudulently conceals or mis-represents facts, or abets such concealment or mis-representation,
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 authorised by the Board in this behalf.
23. Bar of Jurisdiction. No court shall grant any injunction or make any order, nor shall any court entertain any proceeding, in relation to anything done under this Act.
24. Indemnity. No suit, prosecution or other legal proceeding shall lie against the Federal Government, the 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 may 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. Act to override other laws. The provisions of this Act or any order or rule mace thereunder shall have effect notwithstanding anything inconsistent therewith contained in 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 any law relating to the determination of the rent of any immovable property shall apply to any abandoned property.
1Ins. by the Abandoned Properties (Taking Over and Management) (Amdt.) Act, 1976 (45 of 1976)s.5, (w.e.f 12-2-1975).
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 2rules as appear to it to be 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 sub-section (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 under 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]. Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981),s.3 and Sch.II.
1Ins. by the Abandoned Properties (Taking Over and Management) (Amdt.) Act, 1976 (45 of 1976),s.6 (w.e.f. 12-2-75).
2For the Abandoned Properties (Taking Over and Management) Rules, 1975, see S.R.O.No. 411(1)/75, dated 10-4-75, Gaz., of P., 1975,Ext., (Islamabad), Pt.II, pp.619-623 as for the Abandoned Properties (Recovery of Arrear) Rules, 1977, see S.R.O.No. 945(I)/75, dated 8-10-77, ibid, pp.1657-1665.