Act XX of 1975 · 12 pages
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THE ABANDONED PROPERTIES (MANAGEMENT) ACT, 1975
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. Vesting of abandoned property in Government
4. Board of Trustees
5. Appointment of Administrator and Deputy Administrators
6. Holding of abandoned property and its surrender, etc.
7. Power of Administrator to take possession of abandoned property
8. Payment to Administrator
9. Recovery of damages for unauthorised possession
10. Exemption from legal process
11. Publication of list of abandoned property
12. Prohibition of transfers of property generally
13. Confirmation of transfers by specified persons
14. Claims by interested persons
15. Appeal and revision
16. Powers and duties of the Administrator generally
17. Evaluation of abandoned property
18. Expenditure by Administrator how to be recouped
19. Maintenance of accounts by Administrator
20. Powers of Board and Administrator when holding an inquiry, etc.
21. Recovery of arrears
Page 1 of 12
22. Penalty and procedure
23. Bar of jurisdiction
24. Indemnity
25. Delegation of powers
26. Officers end servants
27. Act to override other laws
28. Power to exempt
29. Power of Federal Government to take action with regard to abandoned property
30. Power to make rules
31. [Omitted]
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THE ABANDONED PROPERTIES (MANAGEMENT) ACT, 1975
ACT No. XX OF 1975
[12th February, 1975]
An Act provide for the 1[* * *] management of certain properties
WHEREAS it is expedient to provide for the 1[* * *] 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 (1[* * *] Management) Act, 1975.
(2) It extends to the whole of Pakistan.
(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 house-hold 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;
________________________________________________________________________________
1
Omitted by Act No. XLV of 1976, (w. e. f 12-2-75) ss. 2-3.
Page 3 of 12
1
[(f) “specified person” means a person who, at any time before the sixteenth day of
December, 1971, was a citizen of Pakistan domiciled in the territories which
before the said day constituted the Province of East Pakistan and who, on or
after that day, has ceased or ceases to be a citizen 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.
________________________________________________________________________________
1Subs. by Act No. XLV of 1976, s. 4 (w. e. f. 12-2-1975).
Page 4 of 12
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 authorised 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 the Administrator in writing his
willingness to surrender such property to the Administrator or to any person authorised by the
Administrator in this behalf, and shall surrender the same if called upon by the Administrator or any
person authorised 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 authorised 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 sub-section (1) shall be discharged from further
liability to pay to the extent of the payment made.
9. Recovery of damages for unauthorised possession.—Any person who has been in
possession or occupation of abandoned property in an unauthorised manner or is found to have
Page 5 of 12
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 heard.
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 aforesaid 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 transfers 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 the 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 transfers by specified persons.—(1) No creation or transfer of any right
or interest in or encumbrance upon any property made 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 authorised 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
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(ii) ought for any other reason not to be confirmed.
(4) If the application is not rejected under sub-section (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 may 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 sub-section (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 sub-section (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 reasons therefor, 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 or 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 to
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 sub-section, 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 sub-section (1), the
Administrator may—
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(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 the 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 ;
1
(k) [* * * * * * *]
2
[(l) invest in any security approved by the Federal Government in the manner as
may be prescribed.]
(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.
1
Omitted by Finance Act, 2019 (Act No. V of 2019), s. 8.
2
Added by the Finance Act, 2024 (Act No. X of 2024), s. 6.
Page 8 of 12
(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 1[Any surplus of receipts over
the actual expenditure in a year shall be remitted to the Federal Consolidated Fund.].
(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).
1
Added by Finance Act, 2019 (Act No. V of 2019), s. 8.
Page 9 of 12
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 thereunder, the Administrator may, in accordance with the rules recover the -
amount 1[, alongwith 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
immovable property of such person ; and
(b) appointment of a receiver for the management of the movable and immovable
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 has reason to believe to be
false, or fraudulantly 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 under this Act save upon a
complaint is writing made by an officer appointed under 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 and 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.
1
Ins. by Act No. XLV of 1976, s. 5 (w. e. f 12-2-1975).
Page 10 of 12
27. Act to override other laws.—The provisions of this Act or any order or rule made
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.
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.—
1
[(1)] Federal Government may, for the purpose of regulating the administration 2[, or disposal in the
public interest, by the way of transfer or otherwise,] 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.
(2) 3[* * * * * * *]
30. Power to make rules.—(1) The Federal Government may, by notification in the official
Gazette, make such rules 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 ;
_________________________________________________________________________________
1
Re-numbered by the Finance Act, 2019 (Act No. V of 2019), s. 8.
2
Ins. by Act No. XLV of 1976, s. 6 (w. e. f. 12-2-75).
3
Omitted by the Finance Act, 2024 (Act No. X of 2024), s. 6.
Page 11 of 12
(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. 1[Omitted]
___________
RGN Date: 05-09-2024
1
Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch. II.
Page 12 of 12
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