Illegal Disposition Act
How to Protect Your Property Rights in Pakistan:
A Guide to the Illegal Disposition Act, 2005
The Illegal Disposition Act, 2005 is an act that aims to protect the lawful owners and occupiers of immovable properties from their illegal or forcible dispossession by the property grabbers. The act has 10 sections and a preamble that states the purpose and scope of the act.
Punishment and Jurisdiction
The offence of illegal dispossession is punishable with imprisonment of not less than three years and not more than ten years, and with fine of not less than one hundred thousand rupees and not more than one million rupees. The offence is triable by the Court of Session on a complaint. The offence is non-cognizable, which means the police cannot arrest the accused without a warrant from the court. However, the court can direct the police to arrest the accused at any stage of the proceedings.
Investigation and Inquiry
Upon receiving a complaint, the court may direct the officer-in-charge of a police station to investigate and complete the investigation and forward the same within 15 days to the court. The court may extend the time for investigation if there are good reasons. The court may also direct a magistrate or a revenue officer to make a local inquiry and submit a report within a specified period.
Attachment and Receiver
The court may order the attachment of the property in question, if it is satisfied that the accused is likely to dispose of the property or cause damage to it. The court may also appoint a receiver to manage the property until the final disposal of the case.
Eviction and Delivery of Possession
The court may order the eviction of the accused and the delivery of possession of the property to the owner or occupier, as an interim relief, if it is satisfied that the accused has illegally dispossessed the owner or occupier of the property. The court may also order the restoration of any damage caused to the property by the accused. The order of eviction and delivery of possession.
Appeal and Revision
The accused may appeal against the order of conviction and sentence passed by the court under section 3 of the act, to the High Court, within 30 days of the order. The High Court may confirm, modify or set aside the order of the court, or remand the case for retrial or further inquiry. The owner or occupier may also appeal against the order of acquittal or discharge passed by the court under section 3 of the act, to the High Court, within 30 days of the order. The High Court may confirm, modify or set aside the order of the court, or remand the case for retrial or further inquiry.
Applicability of the Code of Criminal Procedure
The provisions of the Code of Criminal Procedure, 1898, shall apply to the proceedings under this act, insofar as they are not inconsistent with the provisions of this act.
Power to Make Rules
The federal government has the power to make rules for carrying out the purposes of this act. However, there are no rules notified by the federal government under this section as of now. The act itself is the only source of law on this matter.
I hope this helps you to understand the act better. If you have any further questions, please feel free to ask.
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I hope you find this article helpful. If you have any questions or feedback, please let me know. Please feel free to contact Advocate Abdul Hanan at 03452890471 or visit his website www.HosLawAssociate.com Thanks