THE ADMINISTRATOR GENERAL’S ACT, 1913
[27th
February, 1913]
An
Act
WHEREAS it is expedient to
consolidate and amend the Law relating to the office and duties of
Administrator General;
It is hereby enacted as follows:-
PART I
PRELIMINARY
1. Short title, extent and commencement.— This
Act may be called the Administrator General's Act,
1913.
(3)
It shall come into force on such date 3 as the 4[Federal
Government] may, by notification in the 5[official
Gazette], direct.
2.
Interpretation clause.— In
this Act, unless there is anything repugnant in the subject or context,-
(1)
“assets” means all the property, movable and
immovable, of a deceased person, which is chargeable with, and applicable to,
the payment of his debts and legacies, or available for distribution among his
heirs and next-of-kin :
(2)
“exempted person” means 6[a] [ 7 8[Christian],
a Hindu, Muhammadan, Parsi or Buddhist, or a person exempted under section 9[3 of
the Succession
Act, 1925 (XXXIX of
1925)], from the operation of that Act:
(4) 12[****]
(5)
“letters of administration” includes any
letters of administration, whether general or with a copy of the will annexed,
or limited in time or otherwise:
(6)
“next-of-kin” includes a widower or widow of
a deceased person, or any other person who by law would be entitled to letters
of administration in preference to a creditor or legatee of the deceased:
(8) “prescribed” means prescribed by rules under
this Act:
PART II
THE OFFICE OF ADMINISTRATOR GENERAL
16 [3. Appointment
of Administrator 17[****] General.— 18[(1)The Government shall appoint an Administrator General]
(2) No person shall be
appointed to the office of the Administrator General who is not an advocate
practicing in 19[the
High Court] or a person already in the service of the State.]
4.
Appointment and powers of Deputy Administrators General.— The
Government may appoint a Deputy or Deputies to assist the Administrator
General; and any Deputy so appointed shall, subject to the control of the
Government and the general or special orders of the Administrator General, be
competent to discharge any of the duties and to exercise any of the powers of
the Administrator General, and when discharging such duties or exercising such
powers shall have the same privileges and be
subject to the same liabilities as the Administrator General.
5. Administrator General to be a corporation
sole, to have perpetual succession and official seal, and to sue and be sued in
his corporate name.— The Administrator General
shall be a corporation sole by the name of
the Administrator General 20[****]
and, as such Administrator General, shall have perpetual succession and an
official seal, and may sue and be sued in his corporate name.
PART III
RIGHTS, POWERS, DUTIES AND LIABILITIES
OF THE ADMINISTRATOR GENERAL
(a) Grants of Letters of Administration and
Probate
216. [As
regards Administrator General, High Court to be deemed a Court of competent jurisdiction
for the purpose of granting probate or letters of administration] Omitted by
the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), S.
3 and Schedule II.
7.
Administrator General entitled to letters
of administration, unless granted to next-of-kin.— Any
letters of administration, which are granted after the commencement of this Act
by the High Court 22*****
shall be granted to the Administrator General 23[****]
unless they are granted to the next-of-kin of the deceased.
8.
Administrator General entitled to letters
of administration in preference to creditor, non-universal legatee or friends.—
The
Administrator General 24[****]
shall be deemed by all
the
Courts in the 25[Province]
to have a right to letters of administration other than letters pendente lite
in preference to that of--
(a)
a
creditor; or
(b)
a
legatee other than an universal legatee; or
(c)
a
friend of the deceased.
26[9.
When Administrator General is to administer estates of persons other than
exempted persons.– If any person, not being an exempted
person, has died leaving within the Province assets
exceeding
the value of one hundred thousand rupees and if no person to whom any Court
would have jurisdiction to commit administration of such assets has, within one
month after his death, applied in the Province for probate of his will, or for
letters of administration of his estate, the Administrator General shall,
subject to any rules made by the Government, within a reasonable time after he
has had notice of the death of such person, and of his having left such assets,
take such proceedings as may be necessary to obtain from the High Court letters
of administration of the estate of such person].
10
Power to direct Administrator General to apply for administration.— Whenever
any person has died leaving assets within the local limits of the
ordinary original civil jurisdiction of 27[the
High Court], the court, on being satisfied that danger is to be apprehended of
misappropriation, deterioration or waste of such assets unless letters of
administration of the estate of such person are granted, may upon the
application of the Administrator General or of any person interested in such
assets or in the due administration thereof, make an order, upon such terms as
to indemnifying the Administrator General against costs and other expenses as
the Court thinks fit, directing the Administrator General to apply for letters
of administration of the estate of such person:
Provided that, in the case
of an application being made under this section for letters of administration
of the estate of an exempted person, the Court may refuse to grant letters of
administration, if it is satisfied that such grant is unnecessary for the
protection of the assets; and in such case the Court shall make such order as
to the costs of the application as it thinks fit.
11 Power to direct Administrator General to
collect and hold assets until right of succession or administration is
determined.— (1) Whenever any person has died leaving
And such Court is satisfied
that there is no person immediately available, who is legally entitled to the
succession to such assets, or that danger is to be apprehended of misappropriation,
deterioration or waste of such assets, before it can be determined who may be
legally entitled to the succession thereto, or whether the Administrator
General is entitled to letters of administration of the estate of such deceased
person,
the Court may, upon the
application of the Administrator General or of any person interested in such
assets, or in the due administration thereof, forthwith direct the
Administrator General to collect and take possession of such assets, and to
hold, deposit, realize, sell or invest the same according to the directions of
the Court, and in default of any such direction according to the provisions of
this Act so far as the same are applicable to such assets.
(2) Any order of the Court
made under the provisions of this section shall entitle the Administrator
General,
(a)
to
maintain any suit or proceeding for the recovery of such assets, and
(b)
if he thinks fit, to apply for letters of
administration of the estate of such deceased person, and
(c)
to retain out of the assets of the estate any
fees chargeable under rules made under this Act, and to reimburse himself for
all payments made by him in respect of such assets which a private
administrator might lawfully have made.
12. Grant of probate or letters of
administration to person appearing in the course of proceedings taken by
Administrator General under sections 9, 10 and 11.— If,
in the course
of
proceedings to obtain letters of administration under the provisions of section
9, section 10, or section 11, any person appears and establishes his claim-
(a)
to
probate of the will of the deceased; or
(b)
to letters of administration as next-of-kin
of the deceased, and gives such security as may be required of him by law,
the Court shall grant
probate of the will or letters of administration accordingly, and shall award
to the Administrator General the costs of any proceedings taken by him, under those
sections to be paid out of the estate as part of the testamentary or intestate
expenses thereof.
13. Grant of administration to Administrator
General in certain cases.— If, in the course of proceedings
to obtain letters of administration under the provisions of section 9, section
10, or section 11, no person appears and establishes his claim to probate of a
will, or to a grant of letters of administration as next-of-kin of the
deceased, within such period as to the Court seems reasonable,
or if a person who has established his claim to a grant
of letters of administration as next-of-kin of the deceased fails to give such
security as may be required of him by law,
the Court may grant letters of administration
to the Administrator General.
14.
Administrator General not precluded from applying for letters within one month
after death.— Nothing in this Act shall be deemed to
preclude the Administrator General from applying
to
the Court for letters of administration in any case within the period of one
month from the death of the deceased.
15.
[Act not to affect Regimental Debts Act,
1893.] Omitted by the Federal Laws (Revision and
Declaration) Ordinance, 1981 (XXVII of 1981), S.3 and Second Schedule.
16.
[Letters of administration not necessary
in respect of small estates administered by Administrator General in accordance
with the Regimental Debts Act, 1893.] Omitted by the Federal Laws (Revision and
Declaration) Ordinance, 1981 (XXVII of 1981), S.3 and Schedule II.
17.
[Power to Grant Administrator General letters
limited to purpose of dealing with assets in accordance with the
Regimental Debts Act, 1893.] Omitted by the Federal Laws (Revision and
Declaration) Ordinance, 1981 (XXVII of 1981), S.3 and Second Schedule.
(c)
Revocation of Grants
18.
Recall of Administrator General’s
administration, and grant of probate, etc, to executor or next-of-kin.— If
an executor or next-of-kin of the deceased, who has not been
personally served with a citation or who has
not had notice thereof in time to appear pursuant thereto establishes to the
satisfaction of the Court a claim to probate of a will or to letters of
administration in preference to the Administrator General, any letters of
administration granted in accordance with the provisions of this Act to the
Administrator General may be revoked, and probate or letters of administration
may be granted to such executor or next-of-kin as the case may be:
Provided that no letters of
administration granted to the Administrator General shall be revoked for the
cause aforesaid, except in cases in which a will of the deceased is proved in
the 30[Province],
unless the application for that purpose is made within six months after the
grant to the Administrator General and the Court is satisfied that there has
been no unreasonable delay in making the application, or in transmitting the
authority under which the application is made.
19. Cost of obtaining administration, etc,
may, on revocation, be ordered to be paid to Administrator General out of
assets.— If any letters of administration granted to the
Administrator General in accordance with the
provisions of this Act are revoked, the Court may order the costs of obtaining
such letters of administration, and the whole or any part of any fees which
would otherwise have been payable under this Act, together with the costs of
the Administrator General in any proceedings taken to obtain such revocation,
to be paid to or retained by the Administrator General out of the estate:
Provided that nothing in this section shall
affect the provisions of clause (c) of sub-section
(2) of section 11.
20. After revocation, letters granted to
Administrator General to be deemed as to him to have been voidable only.— If
any letters of administration granted to the Administrator General
in accordance with the provisions of this Act
are revoked, the same shall, so far as regards the Administrator General and
all persons acting under his authority in pursuance thereof, be deemed to have
been only voidable, except as to any act done by any such Administrator General
or other person as aforesaid, after notice of a will or of any other fact which
would render such letters void:
Provided that no notice of a
will or of any other fact which would render any such letters void shall affect
the Administrator General or any person acting under his authority in pursuance
of such letters unless, within the period of one month from the time of giving
such notice, proceedings are commenced to prove the will, or to cause the
letters to be revoked, and such proceedings are prosecuted without unreasonable
delay.
21.
Payments made by Administrator General
prior to revocation.— If any letters of administration
granted to the Administrator General in accordance with the provisions of this
Act are revoked, upon the grant of probate of a will, or upon the grant of
letters of administration with a copy of the will annexed, all payments made or
acts done by or under the authority of the Administrator General in pursuance
of such letters administration, prior to the revocation, which would have been
valid under any letters of administration lawfully granted to him with a copy
of such will annexed, shall be deemed valid notwithstanding such revocation.
(d)
General
22.
Administrator General’s petition for
grant of letters of administration.— Whenever any
Administrator General applies for letters of administration in accordance with
the provisions of this Act, it shall be sufficient if the petition required to
be presented for the grant of such letters states,-
(i)
the time and place of the death of the
deceased to the best of the knowledge and belief of the petitioner,
(ii)
the
name and addresses of the surviving next-of-kin of the deceased if known,
(iii)
the
particulars and value of the assets likely to come into the hands of the
petitioner,
(iv)
particulars
of the liabilities of the estate if known.
31[23.
Name in which probate or letters to be granted.— All
probates or letters of administration granted to any Administrator
General shall be granted to him by that name.]
24.
Effect of probate or letters granted to Administrator General.— Probate
or letters of administration granted by the High Court 32[**********]
to the Administrator General 33[****]
shall have effect over all the assets of the deceased throughout 34[the
Province], and shall be conclusive as to the representative title against all
debtors of the deceased and all persons holding such assets, and shall afford
full indemnity to all debtors paying their debts and all persons delivering up
such assets to such Administrator General:
Provided that the High Court
may direct, by its grant, that such probate or letters of administration shall
have like affect throughout one or more of the other 35[provinces].
Whenever a grant is made by
a High Court to the Administrator General with such effect as last aforesaid,
the Court shall send to the other High Courts a certificate that such grant has
been made, and such certificate shall be filed by the Courts receiving the
same.
25.
Transfer by private executor or a administrator of
interest under probate or letters.—
(1) Any private executor or administrator may
with the previous consent of the Administrator General 37[****],
in respect of which such executor or administrator has obtained probate or
letters of administration, are situate, by an instrument in writing under his
hand notified in the official Gazette, transfer the assets of the estate vested
in him by virtue of such probate or letters to the Administrator General by
that name or any other sufficient description.
(2)
As from the date of such transfer the
transferor shall be exempt from all liability as such executor or
administrator, as the case may be, except in respect of acts done before the
date of such transfer, and the Administrator General shall have the rights
which he would have had, and be subject to the liabilities to which he would have
been subject, if the probate or letters of administration, as the case may be,
had been granted to him by that name at the date of such transfer.
26.
Distribution of assets.— (1)
When the Administrator General has given the prescribed notice for creditors
and others to send in to him their claims against the estate of the deceased,
he shall, at the expiration of the time therein named for sending in claims, be
at liberty to distribute the assets or any part thereof in discharge of such
lawful claims as he has notice of.
(2)
He shall not be liable for the assets so
distributed to any person of whose claim he had not notice at the time of such
distribution.
(3)
No notice of any claim which has been sent in
and has been rejected or disallowed in part by the Administrator General shall
affect him unless proceeding to enforce such claim are commenced within one
month after notice of the rejection or disallowance of such claim has been
given in the prescribed manner and unless such proceedings are prosecuted
without unreasonable delay.
(4)
Nothing in this section shall prejudice the
right of any creditor or other claimant to follow the assets or any part
thereof in the hands of the persons who may have received the same
respectively.
(5)
In computing the period of limitation for any
suit, appeal or application under the provisions of any law for the time being
in force, the period between the date of submission of the claim of a creditor
to the Administrator General and the date of the final decision of the
Administrator General on such claim shall be excluded.
27.
Appointment of Official Trustee as
trustee of assets after completion of administration.— (1)
When the Administrator General has, so far as may be, discharged all the
liabilities of an estate administered by him,
he shall notify the fact in the official Gazette, and he may, by an instrument
in writing, with the consent of the Official Trustee and subject to any rules
made by the Government, appoint the Official Trustee to be the trustee of any
assets then remaining in his hands.
(2)
Upon such appointment such assets shall vest
in the Official Trustee as if he had been appointed trustee in accordance with
the provisions of the Official Trustees Act
1913 (II of 1913), and shall be held by him upon the same trusts as the same
were held immediately before such appointment.
28.
Power for High Court to give directions
regarding administration of estate.— (1) The High Court 38[*******]
may, on application made to it, give to the Administrator General 39[****]
any general or special directions as to any estate in his charge or in regard
to the administration of any such estate.
(2)
Applications under sub-section (1) may be
made by the Administrator General or any person interested in the assets or in
the due administration thereof.
29. No
security nor oath to be required from Administrator General.— (1)
No Administrator General shall be required by any Court to enter into
any administration-bond, or to give other security to the Court, on the grant
of any letters of administration to him by that name.
(2)
Manner in which petitions to be verified
by Administrator General and his Deputy.— No Administrator
General or Deputy Administrator General shall be required to verify,
otherwise than by his signature, any petition
presented by him under the provisions of this Act, and, if the facts stated in
any such petition are not within the Administrator General's own personal
knowledge, the petition may be subscribed and verified by any person competent
to make the verification.
(3) Entry of
Administrator General not to constitute notice of a trust.— The entry of
the Administrator General by that name in the books of a Company shall not
constitute notice of a trust, and a Company shall not be entitled to object to
enter the name of the Administrator General on its register by reason only that
the Administrator General is a corporation and in dealing with assets the fact
that the person dealt with is the Administrator General shall not of itself
constitute notice of a trust.
30. Power to examine on oath.— The
Administrator General may, whenever he desires, for the purposes of this
Act, to satisfy himself regarding any question of fact, examine upon oath
(which he is hereby authorized to administer) any person who is willing to be
so examined by him regarding such question.
40[31.
In what case Administrator General may grant certificate.–
Whenever any person has died leaving assets within the Province, and the
Administrator General is satisfied that such assets, excluding any sum of money
deposited in a Government Savings Bank, or in any Provident Fund to which the
provisions of the Provident Funds Act, 1925 (XIX of 1925) apply, did not at the
date of death exceed in the whole one hundred thousand rupees in value, he may,
after the lapse of one month from the death if he thinks fit, or before the
lapse of the said month if he is requested so to do by writing under the hand
of the executor or the widow or other person entitled to administer the estate
of the deceased, grant to any person, claiming otherwise than as a creditor to
be interested in such assets, or in the due administration thereof, a
certificate under his hand entitling the claimant to receive the assets therein
mentioned left by the deceased, within the Province to a value not exceeding in
the whole one hundred thousand rupees:
Provided that no certificate shall be granted
under this section–
(i)
where probate of the deceased's will or
letters of administration of his estate has or have been granted; or
(ii)
in respect of any sum of money deposited in a
Government Savings Bank or in any Provident Fund to which the provisions of the
Provident Funds Act, 1925 (XIX of 1925), apply.]
32.
Grant of certificate to creditors and
power to take charge of certain estates.— If, in cases
failing 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 41[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 mis-representation 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.
Surrender of revoked certificate.— (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 42[one
hundred thousand rupees].
38.
Transfer of certain assets from Pakistan to executor or administrator in
country of domicile for distribution.— Where a person not having his
domicile in 43[Pakistan] has died
leaving
assets in 44[the
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 45[the
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 46[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.
(f)
Liability
39.
Liability of Government.— (1)
The revenues of the Government 47[***********]
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 48[of
the Government 49]
*****, be subject to any liability.
40. Creditors’ 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 (V of 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 General’s, Act, 1874 (II of 1874) 51, 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 53[**********]
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. 54[********].
PART V
AUDIT OF THE ADMINISTRATOR GENERAL’S
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 thereunder, 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,
(V of 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 (XLV of 1860) 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 exerciseable by him, incur 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 55[********]
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
therefrom.
50.
Power to make rules.— (1) The Government shall make rules 56 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 authorized 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 58[******]:
Provided that this section
shall not authorize 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 59[**********]
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 60[***********]
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 61[******]
against the 62[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 63[.]
(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 65[****]
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 charge, or appoint an officer under the provisions
of section 66[
269 of the Succession Act , 1925 (XXXIX of 1925)], to take and
keep possession of 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 he thinks fit, sell any assets which are 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, artisan 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 67[ 230, section 321 or section 322 of the Succession
Act,
1925 (XXXIX of 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 68 [ Succession Act,
1925 (XXXIX of 1925)], or the 69[Companies
Ordinance 1984 (XLVII of 1984)], 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 71 [ 72[*****]
Government] may, by general or special order, direct that, where a subject of a
foreign State dies in 73[the
Punjab], and it appears that there is no one in 74[the
Punjab] 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 75[ 76[****]
Government] by notification in the 77[official
Gazette] think fit to impose.
58.
[Division of Presidency into Provinces] Rep. by A.O.1937
59.
Saving of provisions Registration Act,
1908.— Nothing in this Act shall be deemed to affect the
provisions of the Registration Act,
1908 (XVI of 1908).
78[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.- [Enactments Repealed.] Rep. by the
Repealing Act, 1927 (XII of 1927), S.2 and Sch.
For Statement of
Objects and Reasons, see Gazette of India, 1912, Pt. V, p. 188 ; for Report
of Select Committee, see ibid.,
|
||
1913, Pt. V, p. 3 ; and for
Proceedings in Council, see ibid, 1912, Pt. VI, p. 697 and ibid., 1913, Pt.
VI, pp. 14, 28 and 64.
|
||
This Act has been extended to the
Leased Areas of Baluchistan, see G.G.O. 3 of 1950 ; and applied in the
Federated Areas of
|
||
2
|
Baluchistan, see Gazette of India,
1937, Pt. I, p. 1499
|
|
“It extends to whole of the Pakistan”
is substituted by “it extends to whole of the Punjab” by the Administrator
General’s
|
||
(Amendment) Act 2012
(V of 2012).
|
3
The 1st
April, 1914, see Gen. R. & O.
4
|
Subs. By F.A.O.,
1975, Art. 2 and Table, for “Central Government”, which was previously
amended by A.O., 1937, for “G.G. in
|
|
C.”.
|
5
Subs. Ibid., for “Gazette of India”.
6
Subs. By the Federal Laws (Revision and
Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for “an”.
7
Subs. By A. O., 1949, Sch., for “Indian
Christian”.
8
The word “Pakistani” omitted by the
Administrator General’s (Amendment) Act 2012 (Act V of 2012).
9
|
Subs. by the
Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3
and Sch., for “332 of the Indian
|
|
Succession Act,
1865”.
|
10
“Government” or “the Government” means,
in relation to any Province, the Provincial Government is substituted as
“Government” means the Government of the Punjab by the Administrative General’s
(Amendment) Act 2012 (V of 2012).
11 Certain
words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981
(27 of 1981), s. 3 and Sch., II. The words were previously amended by various
enactments from time to time.
12
Clause (4) is omitted by the
Administrative General’s (amendment) Act 2012 (V of 2012).
13 Cls.
(7), (9), (10) and (11), defining official Gazette, the Presidencies of Bengal,
Bombay and Madras, Presidency and Revenues of the Govt., respectively, were
rep. by A.O., 1937. Cl. (11) had been ins. By the Official Trustees and
Administrator General’s Acts Amendment Act, 1922 (21 of 1922), s. 5.
14
See foot-note 13.
15
Clauses (12) and (13) omitted by the
Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and
Sch. II. These clauses were previously amended by various enactments.
16
Subs. Ibid., for section 3, which was
previously amended by various enactments from time to time.
17
The word “Administrators” is substituted
by the word “Administrator” by the Administrator General’s (amendment) Act 2012
(V of 2012).
18
for sub-section (1) is substituted by
“The Government shall appoint an Administrator General” by the Administrative
General’s (amendment) Act 2012 (V of 2012)
19 The
words “a High Court” is substituted as “the High Court” by the Administrative
General’s (amendment) Act 2012 (V of 2012).
20
The words “ of the Province for which he
is appointed” are omitted by the Administrative General’s (amendment) Act 2012
(V of 2012)
21
This section was previously amended by A.
O., 1937.
22
The words “at any Presidency-town” rep.
by A.O., 1937.
23
The words “of the Province” are omitted
by the Administrative
General’s (amendment) Act 2012 (V of 2012).
24
The words “of the Province” are omitted
by the Administrative
General’s (amendment) Act 2012 (V of 2012).
25
Subs. By the Federal Laws (Revision and
Declaration) Ordinance, 1981 (27 of 1981)s. 3 and Sch. II, for “Division “,
which was previously amended by A.O. 1937, for “Presidency”.
26
Section (9) is substituted by the Administrative
General’s (amendment) Act 2012 (V of 2012).
27
The words “a High Court” are substituted
as “the High Court” by the Administrative General’s (amendment) Act
2012 (V of 2012).
28
The words “a High Court” are substituted
as “the High Court” by the Administrative General’s (amendment)
Act 2012 (V of 2012).
29
Ins. by the Repealing and Amending Act,
1927 (10 of 1927), s. 2 and Sch. I.
30 The
word “Division” is substituted by the word “Province” by the Administrative
General’s (amendment) Act 2012 (V of 2012).
31
Subs. by A. O., 1937, for the original
section.
32
The words “at any Presidency-town” rep.,
ibid.
33
The words “of any Province” are omitted
by the Administrative
General’s (amendment) Act 2012 (V of 2012).
34 The
words “such Province” are substituted as “the Province” by the Administrative
General’s (amendment) Act 2012 (V of 2012)
35
Subs. by Ord. 27 of 1981, s. 3 and Sch.
II., for “Divisions”, which was previously amended by A. O., 1937, for
“Presidencies”.
36
Paragraph omitted. By the Federal Laws (Revision
and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II.
37 The
words “of the Province in which any of the assets of the estate” are omitted by
the Administrative General’s
(amendment) Act 2012 (V of 2012)
38
The words “at the Presidency-town” rep.
by A. O., 1937.
39
The words “of the Division” are omitted
by the Administrative
General’s (amendment) Act 2012 (V of 2012).
40
Section (31) is substituted by the Administrative
General’s (amendment) Act 2012 (V of 2012).
41 Subs.
by the Federal laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.
3 and Sch. II, which was previously amended by Act 32 of 1940; s.3 and Sch. II,
for ‘“Presidency”.
42
The words “ten thousand rupees” are
substituted by the words “one hundred thousand rupees” by
43
|
the Administrative General’s (amendment)
Act 2012 (V of 2012)
|
|
Subs. by the
Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd
Sch. (with effect from the 14th
October,
|
||
1955), for “the Provinces and the
Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and
4, for “British India”.
|
The
words “any Province” are substituted as “the Province” by the Administrative
General’s (amendment) Act
|
||
45
|
2012 (V of 2012).
|
|
The words “any such
Province” are substituted as “the Province” by the Administrative
General’s
|
||
(amendment) Act 2012 (V of 2012).
|
46 Subs.
by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch.
(with effect from the 14th October, 1955), for
“the Provinces and the Capital of the Federation” which had been subs. by A.O.,
1949, Arts. 3(2) and 4, for “British India”.
47
The words “of India” rep. by the Official
Trustees and Administrator General’s Act Amendment Act, 1922 (21 of 1922), s.6.
48
The words “of the Government or” were
ins., ibid.
49
The words “or of the G. of I”. rep. by A.
O., 1937.
50
Sub-section (2) omitted by the Federal
Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch.,
II. This sub-section was previously amended by Act, 21 of 1922, s. 6.
51
Rep. by the Administrator General’s Act,
1913 (3 of 1913).
52
Proviso omitted by the Federal Laws
(Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II.
53
The words “of India” rep. by the Official
Trustees and Administrator General’s Acts Amdt. Act, 1922 (21 of 1922), s. 7.
54
The words “of India” rep. by the Official
Trustees and Administrator General’s Acts Amdt. Act, 1922 (21 of 1922), s. 7.
55
The words “at the Presidency-town” rep.
by A. O., 1937.
56 For
such rules for Bombay and Punjab, see the latest editions of the Rules and
Orders of those Provinces, see the local Gazette of 1914 or the latest.
57 Cl.
(ff), ins. by the Repealing and Amending Act, 1914 (10 of 1914), was rep. by
the Destruction of Records Act, 1917 (5 of 1917), s. 6 and Sch.
58
The words “of India” rep. by the Official
Trustees and Administrator General’s Acts Amdt. Act, 1922 (21 of 1922), s. 7.
59
The words “of India” rep. by the Official
Trustees and Administrator General’s Acts Amdt. Act, 1922 (21 of 1922), s. 7.
60
The words “of India” rep. by the Official
Trustees and Administrator General’s Acts Amdt. Act, 1922 (21 of 1922), s. 7.
61
The words “at the Presidency-town” rep.
by A. O., 1937.
62
Subs. ibid., for “Secretary of State for
India in Council”.
63
Subs. by A.O., 1961, Art. 2 and Sch., for
semi-colon (with effect from the 23rd
March, 1956).
64
Proviso as ins. by A. O., 1937, has been
omitted by A. O., 1961, Art. 2and Sch. (with effect from the 23rd
Marach, 1956).
65
The words “of the Division” are omitted
by the Administrative
General’s (amendment) Act 2012 (V of 2012).
66
Subs. by the Federal Laws (Revision and
Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for “229 of the
Indian Succession Act, 1865”.
67
Subs. by the Federal Laws (Revision and
Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for “279, section
280 or section 281 of the Indian Succession Act, 1865”.
68
Subs. ibid., for “Indian Succession Act,
1865”
69 The
words “Companies Act 1913 (VII of 1913) are substituted as “Companies
Ordinance 1984 (XLVII of 1984)” by the Administrative
General’s (amendment) Act 2012 (V of 2012).
70
Subs-section (2) as amended by A. O.,
1937, omitted by A. O., 1949, Sch.
71
Subs. by F.A.O. , 1975, Art. 2 and Table,
for “Central Government”, which was previously amended by A. O., 1937, for
“G.G.
in
C.”.
72
The word “Federal” is omitted by the Administrative
General’s (amendment) Act 2012 (V of 2012).
73
The word “Pakistan” is substituted as “the
Punjab” by the Administrative General’s (amendment) Act 2012 (V of 2012).
74
The word “Pakistan” is substituted as
“the Punjab” by the Administrative General’s (amendment) Act 2012
(V of
2012).
75
Subs. by F.A.O. , 1975, Art. 2 and Table,
for “Central Government”, which was previously amended by A. O., 1937, for
“G.G.
in
C.”.
76
The word “Federal” is omitted by the Administrative
General’s (amendment) Act 2012 (V of 2012).
77
Subs. by A. O., 1937, for “Gazette of
India”.
78
This section was previously amended by A.
O., 1937.
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