(Act No. XIII of 1975)
An Act to provide for the management and disposal of evacuee
properties attached to charitable, religious or educational trusts or
institutions
[Gazette of Pakistan
The following Act of Parliament received the assent of the
President on the 25th January 1975, and is hereby published for general
information:---
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 Displaced 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
(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 subsection (6) or is removed under subsection (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
(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.
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;
(d) with the prior approval of the Federal Government, to
sell, dispose of, transfer or make an endowment or otherwise manage evacuee
trust property consistent with the objects of this Act or a scheme or for any
other object which is considered to be a public purpose 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;
(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 shall preside 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;
(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 subsection (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 subsection (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 subsection (2) or order
under subsection (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 m
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
reimbursed to the Board and shall form part of the Trust Pool.
(2) If a question arises whether a transaction referred to
in subsection (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
subsection (1) is not bona fide, the Chairman may pass an order canceling the
allotment or transfer of such property.
Provided that no decision under subsection (2) or order
under subsection (3) shall be taken or passed in respect of any property
without giving the person affected a reasonable opportunity of being
heard.
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 subsection (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 18 60).
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.
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 1 6 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 authorised 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
document;
(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 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 wilfully 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 subsection (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.
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.-The
Evacuee Trust Properties (Management and Disposal) Ordinance, 1974 (XVI of
1974), is hereby repealed.
==========================================================
Evacuee Trust Properties
(Appeal and Revision) Rules, 1980
[Gazette
of Pakistan
No.
8 (16)79‑ETP.‑In exercise of the powers conferred by section 28 of the Evacuee
Trust Properties (Management and Disposal) Act, 1975 (XIII of 1975), The
Federal Government is pleased to make the following rules, namely:‑‑-
1.
Short title and commencement.‑--(1)
These rules may be called the Evacuee Trust Properties (Appeal and Revision)
Rules, 1980.
(1)
They shall come into force at once.
2.
Definitions.‑--In these rules,
unless there is anything repugnant in the subject or context,‑
(a) “Act” means the Evacuee Trust
Properties (Management and Disposal) Act, 1975 (XIII of 1975);
(b) “appeal” means an appeal under
section 16 of the Act;
(c) “revision” means an application
for revision under section 17 of the Act; and
(d) all other words and expressions
used but not defined is these rules shall have the same meaning as in the
Act.
3. Form of appeal or revision‑--(i) Every appeal, revision or the
written statement thereof shall be preferred, in the form of a memorandum and
signed by the appellant or, as the case may be, the applicant, his duly
authorised representative, recognised agent or counsel and shall also be
verified in the manner provided for verification of a plaint under the Code of
Civil Procedure, 1908 (Act V of 1908).
(ii) The memorandum referred to in
sub‑rule (1) shall set forth concisely, consecutively numbered and under
distinct heads the grounds of objections to the impugned order but shall not
contain any argument or narrative;
Provided that a request for an
interim relief shall be made by a separate application supported by an
affidavit.
4. Documents to accompany appeal or revision.‑--Every appeal and
revision shall be accompanied by a certified copy of the impugned order, the
documents on which reliance has been placed in the memorandum and the same
number of copies of appeal and revision as there are the respondents.
5. Registration of appeals and revisions.‑-‑Every appeal and revision
shall be entered in the institution registers, maintained for the purpose, in
order of their institution.
6. Service of notices etc.‑--Service of any notice, summons or order
issued or made under the Act shall be deemed to be complete if effected in any
one of the following methods namely:‑--
(a) by delivering or tendering the
notice, summons or order to the person on whom it is intended to be served or
his agent, if any;
(b) by leaving it at the last known
place of business or residence of such person or delivering it to any adult
male member of his family;
(c) by transmitting it under
registered post to such person at the last known place of his business or
residence;
(d) by affixing it at some
conspicuous place in or near the last known place of business or residence of
such person; and
(e) by publication in a newspaper,
or proclamation by beat of drum or other customary method in the
locality,
7. Appearance on hearings.‑-‑(i) On the date fixed for hearing of
appeal or revision the parties shall put their appearance before the appellate
or revising authority in person or through their representatives or recognised
agents, duly authorised by them in writing in that behalf, or their
counsel;
Provided that the employment of an
authorised representative, recognised agent or counsel shall not excuse the
personal attendance of a party in any proceeding in which his personal
appearance is required by an order of the appellate or the revising
authority.
(ii) Where a party or parties fail
to appear on the date fixed for hearing of the appeal or revision, the
appellate or the revising authority may decide such appeal or, as the case may
be, revision ex-parte.
(iii) Where an appeal or revision is
set down for a day which is a holiday, the parties shall appear before the
appellate or revising authority on the next following day and such appellate or
revising authority may, on that day, either proceed with the hearing of appeal
or the revision or adjourn such appeal or revision to some other date.
(iv) Notwithstanding the absence of
the appellate or revising authority for any reason on the date fixed for
hearing, the parties shall appear in the premises where the hearing of appeal
or revision was to be held and the ministerial officer authorised in this
behalf shall fix the next date of hearing on which parties shall appear before
the appellate or, as the case may be, the revising authority.
8. Adjournments.‑--The authorities hearing appeals and revision may,
on sufficient cause shown by either of the parties, adjourn the hearing of
appeal or the revision, as the case may be;
Provided that where a case is adjourned the
authority hearing the appeal or revision shall fix the next date of
hearing.
9. Power to suspend orders.---The Chairman or an Administrator hearing
appeal under the Act may, for reasons to be recorded in writing, suspend the
operation of an order or proceedings pending before an authority whose order is
impugned before him in an appeal or make such other order as he may deem fit in
the circumstances of the case.
10. Obtaining of certified copies.‑--(1) Any party to an appeal or revision
may, during the pendency of an appeal or revision and with prior approval of
the appellate or revising authority, obtain copies of orders and other
documents on payment of copying fee at the rate of two rupees per page.
(2) In decided cases copies of the
orders and other documents may be obtained on payment of fee specified in sub‑rule
(1) from any officer duly authorised by the Chairman in this behalf.
11. Clerical mistakes etc.--‑Clerical or arithmetical mistakes in any
order made by the appellate or revising authority in pursuance of the provisions
of the Act and the errors therein arising from any accidental slip or omission
may, at any time, be corrected by the authority making the order or his
successor in office as soon as any such error has come to or is brought to his
notice.
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