Azad Jammu and Kashmir (Administration of Property) Ordinance 1961
THE JAMMU AND KASHMIR (ADMINISTRATION OF PROPERTY) ORDINANCE, 1961
ORDINANCE No. III of 1961
[13th February, 1961]
An Ordinance to vest in the Central Government certain immov able properties which vested in the State of Jammu and Kashmir on the fifteenth day of August, 1947, and to provide for matters connected therewith.
WHEREAS there are several immovable properties, situated in the territory of Pakistan, the title to which vested in the State of Jammu and Kashmir *[, or the Maharaja of Jammu and Kash mir or the Maharaja of Poonch,] on the fifteenth day of August, 1947;
*[Ins. by the Jammu and Kashmir (Administration of Property) (Amdt.) Ordinance, 1961 (43 of 1961), s. 2.]
AND WHEREAS the constitutional position in the State of Jammu and Kashmir has altered since that date giving rise to an international dispute as to its legality;
AND WHEREAS the said properties are suffering for want of care;
NOW THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:
1. Short title, extent and commencement.-- -(1) This Ordinance may be called the Jammu and Kash mir (Administration of Property) Ordinance, 1961.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
*[2. Vesting of properties in the Central Government.-- -All immovable properties, situated in the territory of Pakistan, the title to which vested in the State of Jammu and Kashmir, or the Maharaja of Jammu and Kashmir or the Maharaja of Poonch, on the fifteenth day of August, 1947, shall vest, free from all encumbrances, in the Central Government, and shall be deemed to have so vested on that date.].
**[3. Management, sale or lease of properties, etc.,---(1) The Central Government may make arrangements for the management, sale, lease or disposal otherwise of the properties vested in it under section 2.
(2) For the purposes aforesaid, the Central Government may appoint a person, to be called the Manager of State Pro perties of Jammu and Kashmir (hereinafter referred to as the Manager), who shall take possession of and hold, and, subject to the previous approval in writing of the Central Government, have the power to deal with and dispose of, all or any of the aforesaid properties, and shall exercise such other powers in re lation thereto as may be prescribed by rules made under section 6.
(3) Without prejudice to the generality of the provisions of sub-section (2), and notwithstanding anything contained in any other law for the time being in force, the Manager, after giving to the person or persons affected not less than fifteen days notice, may, in such manner as may be provided by rules, and with the use of such force as may be necessary,-
(a) take possession and assume control of any property referred to in this section;
(b) evict summarily any person in unauthorized occupa tion or wrongful possession of any such property; and
(c) demolish or dismantle any unauthorized construction on any such property, and recover from the person responsible for such construction any expenses in curred in connection with such demolition or dismant ling.].
*[Subs. and shall be deemed always to have been so subs. by the Jammu and Kashmir (Administration of Property) (Amdt.) Ordinance, 1961 (43 of 1961) s. 3, for the original section.]
**[Subs. ibid., s. 4, for the original section.]
4. Deposit of sale proceeds etc.,---(1) The proceeds of any sale effected under section 3 shall be deposited in a special account to be called "The Sale Proceeds Account of Immovable Property of Jammu and Kash mir State".
(2) No portion of the amounts deposited in the said account shall be utilized except for a purpose connected with the rehabi litation of refugees from the State of Jammu and Kashmir.
5. Certification of sale.--(1) The sale to the purchaser shall be certified by the Central Government in the manner prescribed by rules made under section 6.
(2) A certificate granted under sub-section (1) shall be con clusive proof of full title acquired by the purchaser.
6. Power to make rules.---(1) The Central Government may make rules, not in consistent with the provisions of this Ordinance, to carry into effect any of its purposes.
*[(2) Without prejudice to the provisions of sub-section (1), such rules may provide-
(a) the manner in which any notice under this Ordi nance may be served;
(b) the manner in which the Manager, or any person autho rized by him in this behalf, may take possession of any property;
(c) the manner in which any person in unauthorized occu pation or wrongful possession of any property may be summarily evicted;
(d) the manner in which any unauthorized construction or any property may be demolished or dismantled;
(e) the manner in which the amount in the account men tioned in sub-section (1) of section 4 may be invested;
(f) the purposes for which the income from the amount invested under clause (e) may be utilized;
(g) the purposes for which any portion of the amounts deposited in the said account may be utilized; and
(h) the purposes for which the rents received from the lease of any property may be utilized.]
*[Subs. ibid., s. 6, for the original sub-section (2).]
7. Final adjustment of the account.---The account mentioned in sub-section (1) of section 4 shall be adjusted after the status of Jammu and Kashmir has been finally determined.
*[5A. Manager and certain other persons to be public servants.---The Manager, and every other person duly appointed or authorised to perform any function under this Ordinance, shall to be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code, Act XLV of 1860.
5B. Bar of legal proceedings etc.,---(1) No suit, prosecution or other legal proceeding shall lie against Government, the Manager or any other person for anything which is in good faith done or intended to be done under this Ordinance.
(2) Properties vested in the Central Government under section 2 shall be exempt from all legal processes, including seizure, distress, ejectment, attachment or sale by any officer of a Court or any other authority, and, otherwise than at the instance of the Manager, no injunction or other order of what ever kind shall be passed or made in respect of any such property by any Court or other authority.
5C. Recovery of arrears.- -Any sum due, whether as rent or otherwise, in respect of any of the aforesaid properties, if not paid within the time specified by the Manager, shall be recoverable as arrears of land revenue.]
*[Sections 5A, 5B and 5C ins. by the Jammu and Kashmir (Administra tion of Property) (Amdt.) Ordinance, 1961 (43 of 1961), s. 5.]