Jammu and Kashmir (Administration of property) Ordinance, 1961

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THE JAMMU AND KASHMIR (ADMINISTRATION OF 
PROPERTY) ORDINANCE, 1961 
 
 
 
CONTENTS 
1. Short title, extent and commencement 
2. Vesting of properties in the federal government 
3. Management, sale or lease of properties etc. 
3 A. Adjudication of disputes 
3 B. Appeal 
3 C. Revision 
4. Deposit of sale proceeds etc. 
5. Certification of sale 
5 A. Manager and certain other persons to be public servants  
5 B. Bar of legal proceedings, etc. 
5 C. Recovery of arrears 
6. Power to make rules 
7. Final adjustment of the account 
 
 
 
 
 
  
 
 
 

 
 
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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 immovable 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 1[, or the Maharaja of Jammu and Kashmir or 
the Maharaja of Poonch,] on the fifteenth day of August, 1947 ; 
 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 Kashmir (Administration of Property) Ordinance, 1961. 
 (2) It extends to the whole of Pakistan. 
 (3) It shall come into force at once. 
 1[2. Vesting of properties in the 2[Federal 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 2[Federal Government], and shall be deemed to have so 
vested on that date.]. 
 1[3. Management, s ale or lease of properties , etc.___(1) The 2[Federal Government] may 
make arrangements for the management, sale, lease or disposal otherwise of the properties vested in it 
under section 2. 
 3[(1A) For the purpose of advising the Federal Government in the exercise of its powers under 
this Ordinance, the Federal Government may constitute a Management Committee consisting of such 
persons as the Federal Government may deem fit.] ; 
 
 
1Subs. by Ordinance No. XLIII of 1961 s. 3 and 4. 
2Subs. by F.A.O., 1975 Art. 2 and Table. 
3Ins. by Act No. XVIII of 1977, ss.2 and 3. 
 
 
 
 
 
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 (2) 1[The] 2[Federal Government] may appoint a person, to be called the 1[Administrator of 
State Properties of Jammu and Kashmir (hereinafter referred to as the 1[Administrator], who shall take 
possession of and hold, and, subject to the previous approval in writing of the 2[Federal Government], 
have the power to deal with and dispose of, all or any of the aforesaid properties, and shall exercise 
such other powers in relation thereto as may be prescribed by rules made under section 6. 
 (3) Without prejudice to the generality of the provisions of sub­section (2), and 
notwithstanding anything contained in any other law for the time being in force, the 1[Administrator] 
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 ; 
3[(aa)  raise the rent of any property, if considered necessary;] 
(b) evict summarily any person 3[who is in default in the payment of rent of any 
such property for not less than three months or is ] in unauthorized occupation 
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 incurred 
in connection with such demolition or dismantling]. 
 1[3A. Adjudication of disputes.___If any person to whom a notice has been given under sub­ 
section (3) of section 3 files with the Administrator, within the time specified in the notice, his objection 
to the action proposed being taken, stating the grounds of the objection, the Administrator may, after 
affording such person an opportunity of being heard personally or through counsel or a duly authorised 
agent, pass such orders as he may deem fit. 
 3B. Appeal.___(1) Any person aggrieved by an order of the Administrator under section 3A 
may, within three months of the date of such order, prefer an appeal to such authority as the Federal 
Government may, by notification in the official Gazette, specify in this behalf. 
 (2) The authority specified under sub­section (1) may make such further inquiry as it may 
consider necessary and, after giving the appellant an opportunity of being heard if he so desires, pass 
such orders as it thinks fit confirming, altering or annulling the order appealed against. 
 (3) The authority specified under sub­section (1) shall, for the purpose of deciding an appeal, 
be deemed to be a civil court and shall have the same powers as are vested in such court under the Code 
of Civil Procedure, 1908 (Act V of 1908), including the powers of___ 
(a) summoning and enforcing the attendance of any persons and examining him on 
oath ; 
 
 
1Subs. & Ins. by Act No. XVIII of 1977, ss.2 and 3. 
2Subs. by F.A.O., 1975 Art. 2 and Table. 
3Ins. by Ordinance No. XLI of 1979, s. 2. 
 
 
 
 
 
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(b) compelling the discovery and production of any document ; and 
(c) issuing commissions for the examination of witnesses and documents. 
 3C. Revision.___The Federal Government may, on the application of any person aggrieved by 
an order passed by the authority under section 3B, if the application is made within thirty days of the 
communication of such order to him, pass such order in relation thereto as it thinks fit : 
 Provided that no order under this section shall be passed unless the person likely to be affected 
thereby has been given an opportunity of showing cause against it or of being heard personally or 
through counsel or a duly authorised agent.] 
 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 Kashmir State”. 
 1[(2) The amount deposited in the account mentioned in sub­section (1) and the income from 
that amount, shall be utilized for such purposes including the rehabilitation of refugees from the State 
of Jammu and Kashmir, as may be prescribed by rules made under section 6 or as may be determined 
by the Federal Government.]. 
 5. Certification of sale.___(1) The sale to the purchaser shall be certified by the  2[Federal 
Government] in the manner prescribed by rules made under section 6. 
(2) A certificate granted under sub­section (1) shall be conclusive proof of full title acquired by the 
purchaser. 
 3[5A. 1[Administrator] and certain other persons to be public servants.___The 
1[Administrator], and every other person duly appointed or authorised to perform any function under 
this Ordinance, shall 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 1[Administrator] 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 2[Federal 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 1[no Court shall have jurisdiction, or entertain any proceedings, in respect of 
any such property or of any matter within the competence of the Federal Government, the 
Administrator or other authority and no injunction or other order of whatever kind shall be passed or 
made by any Court or other authority in respect of any such property or of any action taken or to be 
taken in exercise of any power conferred by or under this Ordinance]. 
 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 1[Administrator] shall be 
recoverable as arrears of land revenue.]. 
 
1Subs. by Act No. XVIII of 1977, Ss. 4, 5, 6 and 7. 
2Subs. by F.A.O., 1975, Art. 2 and Table. 
3Sections 5A, 5B and 5C ins. by Ordinance No. XLIII of 1961, s.5. 
 
 
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 6. Power to make rules.___(1) The 1[Federal Government] may make rules, not inconsistent 
with the provisions of this Ordinance, to carry into effect any of its purposes. 
 2[(2) Without prejudice to the provisions of sub­section (1), such rules may provide___ 
(a) the manner in which any notice under this Ordinance may be served ; 
3[(aa) the functions, powers and procedure of the Management Committee constituted 
under sub­section (1A) of section 3 ;] 
(b) the manner in which the 3[Administrator] or any person authorized by him in 
this behalf, may take possession of any property ; 
(c) the manner in which any person in unauthorized occupation 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 mentioned in sub­section (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.] 
 7. Final adjustment of the account.___The account mentioned in sub­section (1) of section 4 
shall be adjusted after the status of Jammu and Kashmir has been finally determined. 
 
 
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RGN Date: 16-05-2024 
1Subs. by F.A.O., 1975, Art. 2 and Table. 
2Subs. by Ordinance No. XLIII of 1961, s. 6. 
3Ins. by Act No. XVIII of 1977, s. 8.