Act XIII of 1975 · 11 pages
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THE EVACUEE TRUST PROPERTIES (MANAGEMENT AND
DISPOSAL) ACT, 1975
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. Constitution of the Board
4. Functions of the Board
5. Meetings of the Board
6. Vesting of evacuee trust property
7. Trust Pool
8. Declaration of property as evacuee trust property
9. Exemption of Property in Trust Pool from process
10. Validation of certain transfers
11. Appointment and functions of Secretary
12. Appointment and duties of officers and staff
13. Officers and staff to be public servants
14. Bar of jurisdiction
15. Protection of action taken in good faith
16 Appeal
17. Revision
18. Power to transfer cases
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19. Computation of Limitation
20. Form of appeal or revision
21. Power of Chairman etc, as civil court
22. Penalty for Concealment of evacuee trust property
23. Cognizance of offence by courts
24. Recovery of arrears
25. Ejectment
26. Delegation of powers
27. Appearance by counsel or agent
28. Power to make rules
29. Power to make regulations
30. Preparation of scheme for management etc.
31. Act to override other laws
32. Savings
33. Repeal
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EVACUEE TRUST PROPERTIES (MANAGEMENT AND DISPOSAL) ACT,
1975
1ACT No. XIII OF 1975
[25th January, 1975]
An Act to provide for the management and disposal of evacuee properties attached to
charitable, religious or educational trusts or institutions.
WHEREAS it is expedient to provide for the management and disposal of evacuee
properties attached to charitable, religious or educational trusts or institutions ;
It is hereby enacted as follows:—
1. Short title, extent and commencement.—(1) This Act may be called the Evacuee Trust
Properties (Management and Disposal) Act, 1975.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once and shall be deemed to have taken effect on the first
day of July, 1974.
2. Definitions.—(1) In this Act, unless there is anything repugnant in the subject or
context,—
(a) “Act” means the Displaced Persons (Compensation and Rehabilitation) Act,
1958 (XXVIII of 1958), or the Disabled Persons (Land Settlement) Act, 1958
(XLVII of 1958), as the case may be;
(b) “Board” means the Evacuee Trust Property Board constituted under section 3 ;
(c) “Chairman” means the Chairman of the Board ;
(d) evacuee trust property” means the evacuee trust properties attached to
charitable, religious or educational trusts or institutions or any other properties
which form part of the Trust Pool constituted under this Act ;
(e) “member” means a member of the Board ;
(f) “public dues” includes arrears of rent or any charges due in respect of any
evacuee trust property ;
(g) “regulations” means regulations made under this Act ;
(h) “rules” means rules made under this Act ;
(i) “rural area” means the area other than the urban area ;
(j) “scheme” means a scheme for the management and disposal of evacuee trust
property ;
(k) “Secretary” means the Secretary to the Board ; and
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For Statement of Objects and Reasons, see Gaz. of P., 1974, Ext., Pt.III, p.1085
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(l) “urban area” means the area situated within the limits of a municipal
corporation, a municipal committee, a notified area committee, a town area
committee, a small town committee, a sanitary committee or a cantonment as
those limits existed on the fourteenth day of August, 1947.
(2) All other words and expressions used but not defined in this Act shall have the same
meaning as in the Registration of Claims (Displaced Persons) Act, 1956 (III of 1956), the Pakistan
Rehabilitation Act, 1956 (XLII of 1956), the Pakistan Administration of Evacuee Property Act, 1957
(XII of 1957) the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (XXVIII, of
1958),or the Displaced Persons (Land Settlement) Act, 1958 (XLVII of 1958).
3. Constitution of the Board.—(1) The Federal Government shall constitute a Board, to be
known as the Evacuee Trust Property Board, for the management and disposal of evacuee trust
property.
(2) The Board shall be a body corporate by the name aforesaid having perpetual succession
and a common seal, with power to acquire, hold and dispose of property, both movable and
immovable, and to contract, and shall. by the said name sue and be sued.
(3) The Board shall consist of a Chairman and such members as the Federal Government
may, by notification in the official Gazette, appoint.
(4) The Chairman shall be appointed by the Federal Government on such terms and
conditions as it may determine, shall hold office during the pleasure of the Federal Government and
shall be the administrative and executive head of the Board.
(5) A member shall, unless he earlier resigns his office under sub-section (6) or is removed
under sub-section (7), hold office for a period of three years on such terms and conditions as the
Federal Government may determine.
(6) A member may at any time, resign his office by writing under his hand addressed to the
Federal Government.
(7) The Federal Government shall have the power to remove any member if he—
(i) is disqualified for employment in, or dismissed from; the service of Pakistan;
or
(ii) is, or at any time has been, convicted of an offence; involving moral turpitude;
or
(iii) is, or at any time has been, adjudicated an insolvent ; or
(iv) is of unsound mind and has been so declared by a competent Court ; or
(v) absents himself from three consecutive meetings of the Board without any
reasonable cause ; or
(vi) is found by the Federal Government to be acting in any manner prejudicial to
the objects of this Act or any scheme.
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4. Functions of the Board.—(1) The general supervision and control of all evacuee trust
property shall, subject to any directions that may be given by the Federal Government, vest in the
Board, and the Board shall take such action as it deems fit for the proper management, maintenance
and disposal of such property in accordance with the provisions of this Act and the rules, scheme, or
directions made or issued thereunder.
(2) In particular and without prejudice to the generality of the foregoing power, the functions
of the Board shall be―
(a) to maintain a complete and authentic record of all evacuee trust property;
(b) to prepare and submit, by the 31st of May each year, to the Federal
Government for its approval, the annual budget estimates alongwith detailed
statements of receipts and expenditure;
(c) to buy out of surplus income, if any, or by taking loan from any statutory
corporation, with the approval of the Federal Government, any other property
which may be considered to be beneficial for promoting the objects of this Act
or any scheme;
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[(d) to sell, dispose of, or transfer to such person or body, and on such terms and
conditions, as the Federal Government may direct or, with the prior approval
of the Federal Government, make an endowment of, or otherwise manage
evacuee trust property consistent with the objects of this Act or a scheme or
for any other object approved by the Federal Government;].
(e) to mortgage or lease any evacuee trust property in accordance with the
instructions of the Federal Government;
(f) to assess or reassess the rent or lease amount of the evacuee trust property;
(g) with the prior approval of the Federal Government, to extinguish a trust or to
wind up an institution the original object of which has wholly or partly ceased
to exist;
(h) to incur expenditure on repairs or maintenance of holy shrines not exceeding
such amount as the Federal Government may approve;
(i) to maintain religious shrines and provide facilities for the pilgrims;
(j) to set up, or make grants-in-aid to, orphanages, leper houses, widow houses,
poor houses and educational, vocational, technical or health institutions and
hospitals subject to the general control and directions of the Federal
Government;
(k) to order sealing of any evacuee trust property in an appropriate case pending
payment of the Board's dues by the person concerned;
(l) to undertake development programmes for increasing the productivity of
agricultural land forming part of the Trust Pool and for enhancing the
commercial value of an evacuee trust property;
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1
Subs. by the Evacuee Trust Properties (Management and Disposal) (Amdt.) Ordinance, 1984 (39 of 1984),s.2.
(m) to invest money, with the prior approval of the Federal Government, for any
other social welfare or charitable purpose;
(n) to set up, with the prior approval of the Federal Government, any industrial or
commercial undertaking;
(o) to enter upon and inspect evacuee trust property;
(p) to appoint such staff on such terms and conditions as may be approved by the
Federal Government consistent with the sanctioned budget;
(q) to exercise financial and administrative control over offices attached to or
under it;
(r) to prepare a scheme or schemes with the prior approval of the Federal
Government for promoting the objects of this Act; and
(s) to institute and defend suits and proceedings in a court of law.
5. Meetings of the Board.—(1) Save as hereinafter provided, the Board shall regulate the
procedure for its meetings.
(2) The meetings of the Board shall be called by the Chairman on such date, time and place
as he may deem fit:
Provided that not less than one meeting shall be held in every two months.
(3) The Chairman shall1preside at every meeting of the Board.
(4) If the Chairman is absent from any meeting, the members present shall elect one from
amongst themselves to preside at the meeting; and the member so elected shall at that meeting
exercise all the powers of the Chairman.
6. Vesting of evacuee trust property. All evacuee trust property shall vest in the Federal
Government.
7. Trust Pool. For the purposes of management, maintenance and disposal of evacuee trust
property a Trust Pool consisting of the following shall be constituted, namely:
(a) all evacuee trust property which immediately before the commencement of
this Act formed part of the Trust Pools constituted under the Acts;
(b) any evacuee property declared under section 8 to be evacuee trust property;
(c) Government property or any other property exchanged with any evacuee trust
property;
(d) any property purchased or constructed by the Board;
(e) sale proceeds of any evacuee trust property;
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(f) all profits and income received or derived from any evacuee trust property;
(g) all rents and other amounts received, realized or recoverable in respect of
evacuee trust property.
8. Declaration of Property as evacuee trust property.—(1) If a question arises whether an
evacuee property is attached to a charitable, religious or educational trust or institution or not, it shall
be decided by the Chairman whose decision shall be final and shall not be called in question in any
Court.
(2) If the decision of the Chairman under sub-section (1) is that an evacuee property is
evacuee trust property, he shall, by notification in the official Gazette, declare such property to be
evacuee trust property.
(3) If a property is declared to be evacuee trust property under sub-section (2), the Chairman
may pass an order canceling the allotment or alienation, as the case may be, take possession and
assume administrative control, management and maintenance thereof:
Provided that no declaration under sub-section (2) or order under sub-section (3) shall be
made or passed in respect of any property without giving the persons having interest in that property
a reasonable opportunity of being heard.
9. Exemption of property in Trust Pool from process. No evacuee trust property shall be
liable to be proceeded against for any claim in any manner whatsoever in execution of any decree or
order or by any other process of Court or other authority.
10. Validation of certain transfers.—(1) An immovable evacuee trust property, —
(a) if situated in a rural area and utilised bona fide under any Act prior to
June, 1964, for allotment against the satisfaction of verified claims;
and
(b) if situated in an urban area and utilised bona fide under any Act for
transfer against the satisfaction of verified claims in respect of which
Permanent Transfer Deeds were issued prior to June, 1968,
shall be deemed to have been validly transferred by sale to the Chief Settlement Commissioner, and
the sale proceeds thereof shall be re-imbursed to the Board and shall form part of the Trust Pool.
(2) If a question arises whether a transaction referred to in sub-section (1) is bona fide or not,
it shall be decided by the Chairman whose decision shall be final and shall not be called in question
in any Court.
(3) If it is decided that a transaction referred to in sub-section (1) is not bona fide, the
Chairman may pass an order canceling the allotment or transfer of such property;
Provided that no decision under sub-section (2) or order under sub-section (3) shall be taken
or passed in respect of any property without giving the person affected a reasonable opportunity of
being heard.
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11. Appointment and functions of Secretary.—(1) The Federal Government shall appoint a
person to be Secretary to the Board on such terms and conditions as it may determine.
(2) Subject to the provisions of this Act, the Secretary shall discharge his functions and
perform his duties under the general superintendence, and control of the Chairman.
12. Appointment and duties of officers and staff.—(1) The Chairman may, with the prior
approval of the Federal Government and on such terms and conditions as the Board may determine,
appoint administrators, Deputy Administrators and Assistant Administrators, and may also appoint
such other officers and staff as may be necessary for the efficient performance of the functions of the
Board.
(2) The Chairman may, by general or special order, provide for the distribution or allocation
of work to be performed by the persons appointed under sub-section (1).
13. Officers and staff to be public servants. All persons appointed under this Act, shall,
subject to any special contract to the contrary, be deemed to be public servants within the meaning of
section 21 of the Pakistan Penal Code (Act XLV of 1860).
14. Bar of jurisdiction. Save as otherwise provided in this Act, no civil court shall have
jurisdiction in respect of any matter which the Federal Government or an officer appointed under this
Act is empowered under this Act to determine, and no injunction, process or order shall be granted or
issued by any Court or other authority in respect of any action taken or to be taken in exercise of any
power conferred by or under this Act.
15. Protection of action taken in good faith. No suit, prosecution or other legal proceeding
shall lie against then Federal Government, the Board or any person appointed under this Act in
respect of anything which is in good faith done or intended to be done in pursuance of this Act or any
rules, scheme or order made thereunder.
16. Appeal. Save as otherwise provided in this Act, any person aggrieved by an order passed
under this Act may, within fifteen days of the passing of such order, prefer an appeal__
(a) in the case of an order passed by an Assistant Administrator or a Deputy
Administrator, to the Administrator; and
(b) in the case of an order passed by an administrator, not being an order passed in
appeal by the Administrator confirming an order of an Assistant Administrator
or a Deputy Administrator, to the Chairman.
17. Revision. The Federal Government may at any time, of its own, motion or otherwise, call
for the record of any case or proceedings under this Act, which is pending or in which the Chairman,
an Administrator, a Deputy Administrator or an Assistant Administrator has passed an order, for the
purpose of satisfying itself as to the correctness, legality or propriety of such an order, and may pass
such order in relation thereto as the Federal Government thinks fit:
Provided that the record of any case or proceedings in which the Chairman, an Administrator,
a Deputy Administrator or an Assistant Administrator has passed an order shall not be called for
under this section on the application of any aggrieved person made after the expiration of fifteen
days from the date of such order.
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18. Power to transfer cases. The Chairman may, at any stage, by order in writing, transfer a
case pending before an Administrator or a Deputy Administrator or an Assistant Administrator to
any other Administrator, Deputy Administrator or Assistant Administrator, as the case may be, and,
the officer to whom it is so transferred may, subject to such direction, if any, as may be given in the
order of transfer, proceed from the stage at which the' case was so transferred.
19. Computation of limitation. In computing the period of limitation provided for in
sections 16 and 17 the provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of 1908), shall
apply.
20. Form of appeal or revision. An appeal under section 16 and an: application for revision
shall be presented in such form and manner as may be specified by rules.
21. Power of Chairman etc., as civil court.(1) The Federal Government or any person
authorized by it, the Chairman and every officer appointed under this Act shall, for the purposes of
making any enquiry or hearing any appeal or revision under this Act, have the same powers as are
vested in a civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), when trying a suit
in respect of the following matters, namely :—
(a) summoning and enforcing the attendance of any person and examining him on
oath;
(b) requiring the discovery and production of any documents;
(c) requisitioning any public record from any Court or office;
(d) issuing commissions for the examination of witnesses;
(e) appointing guardians or next friends of persons who are minors or of unsound
mind;
(f) adding legal representatives of deceased applicants or claimants, as parties;
(g) restoration of cases dismissed for default;
(h) substituting the names of the rightful claimants;
(i) consolidation of cases;
(j) any other matter which may be prescribed by rules made under this Act.
(2) The Chairman and every officer appointed under this Act shall be deemed to be a Court
for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898),
and any proceedings before the Chairman or any such officer shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of
1860) and for the purposes of sections 196, 199 and 200 thereof.
22. Penalty for Concealment of evacuee trust property. Any person who is in occupation
or possession of any property which he knows or has reason to believe to be an evacuee trust
property and conceals or misrepresents facts regarding such property or misappropriates the proceeds
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of such property or abets such concealment, misrepresentation or misappropriation shall be
punishable with imprisonment for a term which may extend to three years and with fine.
23. Cognizance of offence by courts. No Court shall take cognizance of an offence
punishable under this Act save upon a complaint in writing made by the Federal Government or an
officer appointed under this Act.
24. Recovery of arrears. Any sum due to the Board in respect of any evacuee trust property
which is not paid within thirty days of its having become due shall be recoverable as an arrear of
land revenue.
25. Ejectment. The Chairman, an Administrator, a Deputy Administrator, or an Assistant
Administrator may eject or cause to be ejected any person in possession or occupation of any
evacuee trust property whose possession or occupation is not authorised by or under any of the
provisions of this Act or who contravenes or may have contravened any of the terms and conditions
under which the property is held by him, or who has failed to pay public dues, or has willfully caused
damage to any such property or any person in occupation or possession of any evacuee trust property
which is required for an object which is considered to be a public purpose by the Federal
Government, after giving him notice, and for the purposes of such ejectment may use or cause to be
used such force as may be considered necessary.
26. Delegation of powers.—(1) The Federal Government may, by notification in the official
Gazette, delegate any of its powers under this Act to such authority or person and subject to such
conditions, if any, as may be specified in the notification.
(2) Subject to the provisions of this Act and the rules, the Board may by resolution delegate
all or any of its powers to the Chairman, or any officer or authority, subject to such conditions, if
any, as may be specified in the resolution.
(3) Subject to the provisions of this Act and the rules the Chairman may by order in writing
delegate all or any of his powers under this Act to an Administrator, a Deputy Administrator or an
Assistant Administrator subject to such conditions, if any, as may be specified in the order.
(4) Any order passed by an Administrator, a Deputy Administrator or an Assistant
Administrator, in exercise of any power delegated to him under sub-section (3), shall be subject to
the provisions of sections 16 and 17 in the same manner and to the same extent as any other order
passed by an Administrator, a Deputy Administrator or an Assistant Administrator, as, the case may
be, is so subject.
27. Appearance by counsel or agent. Any person who is entitled or required to attend
before the Chairman or any other authority in connection with any proceeding under this Act,
otherwise than when called upon to attend personally for examination on oath or affirmation, may
attend or be represented by his duly authorised agent, and any application, appeal or revision may be
presented by counsel or such agent.
Explanation.— In this section, “counsel” means an Advocate or any, person entitled or
allowed to plead in any civil court.
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28. Power to make rules. The Federal Government may, by notification, in the official
Gazette, make rules for carrying out the purposes of this Act.
29. Power to make regulations. The Board may with the approval of the Federal
Government, make regulations regarding appointments, promotions, conditions of service,
pensionary and other benefits in respect of the officers and staff of the Board.
30. Preparation of scheme for management etc. Subject to the provisions of this Act and
the rules, the Board shall, with the prior approval of the Federal Government, prepare one or more
schemes for the management, maintenance and disposal of evacuee trust property and for the
efficient performance of its functions.
31. Act to override other laws. The provisions of this Act and any rule or scheme or order
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 such law.
32. Savings. Anything done, action taken, appointment made, order passed, rule or scheme
made, notification or instruction issued, or purporting to have been done, taken, made, passed or
issued by or under the provisions of either Act immediately before the commencement of this Act
shall be deemed to have been done, taken, made, passed or issued under this Act and shall have
effect accordingly.
33. [Repeal.] Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981
(XXVII of 1981),s.3 and Sch., II.
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Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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