Dear Brothers and Sisters,
Assalamu A’laikum Wa Rahmatullah. This note is basically the first Issue of ‘Laws Regarding Vested Property’ where I will be dealing with the key provisions of the relevant statutes that concern the list of vested properties and those who got temporary lease of the vested properties from the Government. There are debates going on about the purpose and outcome of the recently passed ‘Vested Property Release (Amendment) Act 2011 (passed on 28th November 2011). In our country we have enormous lands which have been possessed as vested properties and understanding the laws will be of greater importance. However, for the time being we will focus on the substance of the relevant laws and I welcome every comment and question on this issue.
1) Vested Property Release Act 2001
2) Vested Property Return (Amendment) Act 2002
3) Vested Property Return (Amendment) Act 2011
4) Vested Property Release Rules 2012
Recent Updates on Relevant Statutes:
The parliament on 14th June, 2012 has passed a bill ‘Vested Property Release (Amendment) Bill 2012. Slight but significant changes are brought with this bill. To have a summary please visit:
Key Provisions and Concise Commentary
-List of vested property has to be made [section 9(1) and (2) of 2001 Act amended by 4kha of 2011 Act].
-Schedule KA/KA List:
• Assets in the possession of government.
• Meaning, the assets mentioned under subsections NIYO(ঞ) and TA(ট) and TO (ত) of section 2 of 2001 act (please note that the subsection TO was added later on by section 2 GA of 2011 Act).
-Schedule KHA/KHA List:
• Assets under the authority of common people.
• Meaning, vested assets but has not been included within schedule KA.
– Both lists have to be published through the Government Gazette [section 9(1) of 2001 Act as amended by section 4KHA of 2011 Act]
– If not within the gazette of list KA or KHA, then it is not vested property [section 9(6) of 2001 Act amended by 4GA of 2011 Act].
-If if no claim is made for the property after it has been entered into the list of returnable property or a claim is dismissed then the Government will become the owner of the property who can sale or dispose with the property in any way [section 26 (1) of 2001 Act amended by section 12 of 2011 Act].
– For Ka Listed Property: If the property is Ka listed then the person who had the property in lease, before the sale or disposal of the property, will get priority to purchase or take permanent lease from the Government [For KA listed property (section 27(1) of 2001 Act as amended by section 13 of 2011 Act)]
– For Kha Listed Property: If KHA listed property then the person who had the property in lease before the sell will get the priority provided he give damages for the lease he enjoyed and no co-sharer will get priority before him [27(2) of 2001Act as amended by section 13 of 2011 Act]
– The temporary lessee will loose his right soon the property is returned to the owner in compliance of the Act (section 14 of 2001 Act amended by section 3 of 2002 Act)
-Gazette containing KA list was published April 15 2012 KA list [17 days before of the deadline to publish gazette if we count 150 days (section 9(1) of 2001 Act amended by section 4Kha of 2011 Act) from 28th November 2011, the date of passing of the act]. However, there are differences in opinion whether the Gazette was published on that date or not as there is evidence that it was published on 6th June this year.
-Please note that the recent bill passed in Parliament on 14th June 2012 [Vested Property Return (Amendment) Bill 2012], has extended the deadline to 300 days from 150 days, but this will not affect KA list as it has been passed. The KHA list is thus getting extra time with this bill However, there are differences in opinion whether the Gazette was published on that date or not as there is evidence that it was published on 6th June this year.
-As of 19th June 2012, KA list has been published but KHA is awaiting.
-Please note that those who have taken their property on temporary lease from Government will surely have the names of the properties within KA list as Government has the possession/control of the properties under KA list. So, consulting the KA list to find their properties is advised.
See the next issue for procedures to be followed for i) releasing or ii) returning the vested property to the rightful owner and other necessary provisions and case laws.