Abandoned Properties (Management) Act, 1975
Summary
The Abandoned Properties (Management) Act, 1975 deals with property left behind in Pakistan by people who, having been citizens of Pakistan domiciled in what was then East Pakistan, ceased to be Pakistani citizens on or after 16 December 1971, the date East Pakistan became Bangladesh. The Act calls such people "specified persons" (Section 2(f)) and their property "abandoned property."
Section 3 vests all such abandoned property in the Federal Government, retroactive to 16 December 1971. Section 4 sets up a Board of Trustees to control and manage this property, and Section 5 lets the government appoint an Administrator, for the whole country, and Deputy Administrators for particular areas, to run things day to day under the Board's supervision.
Anyone found holding, occupying, or managing such property is treated as holding it on the Board's behalf (Section 6) and must report full details of the property and any income from it to the Administrator, and surrender it if asked. Section 7 lets the Administrator use force, if necessary, to take possession of unsurrendered abandoned property. Section 9 lets the Administrator assess damages against anyone who has occupied or misused such property without authorisation, after giving them a hearing. Section 10 shields such property from ordinary legal process: courts cannot order its seizure, attachment, or sale, or issue injunctions affecting it. Section 13 requires anyone who received a transfer of such property from a "specified person" after 16 December 1971 to get the transfer confirmed by the Administrator, or it has no legal effect.
Sections 14-15 give people who believe their property was wrongly classified as abandoned, or whose interest wasn't affected, a route to file a claim with the Administrator and then appeal to the Board. Section 22 makes it an offence to obstruct enforcement of the Act or to knowingly give false information in connection with it, punishable, as stated in the text, with rigorous imprisonment for up to three years, a fine, or both. Section 23 bars courts from granting injunctions or entertaining proceedings over anything done under the Act, and Section 24 gives the government, Board, Administrator and staff indemnity for good-faith acts.
This 1975 Act has been amended several times, including by the Finance Act, 2019 and the Finance Act, 2024, which most recently added a power under Section 16(2)(l) for the Administrator to invest abandoned-property funds in government-approved securities, so anyone dealing with a specific abandoned-property matter should check for the latest amendments and rules.
Key topics
Questions people ask
- What counts as 'abandoned property' under this Act, and who does it apply to?
- If I believe my property was wrongly treated as abandoned property, how do I get that decided?
- Can the Administrator forcibly take possession of abandoned property, and what happens to people found occupying it without authorisation?