Council of Pakistan American Affairs
Overseas Pakistanis Division
The Government fully realizes the importance of overseas Pakistanis and their
contribution to the national economy. In order to have a focused approach for
improving the welfare of overseas Pakistanis, a separate Overseas Pakistanis
Division has been established.
OVERSEAS PAKISTANIS DIVISION, OLD PMI Building, Zero Point, Islamabad.
Law against Land Grabbing
PUBLISHED BY AUTHORITY
(ISLAMABAD, THURSDAY, JULY 7, 2005)
PART - I
Acts, Ordinances, President’s Orders and Regulations
Islamabad, the 6th July, 2005
The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 30th
June, 2005, is hereby published for general information:-
ACT NO.XI OF 2005
An Act to curb the activities of the property grabbers
WHEREAS it is expedient to protect the lawful owners and occupiers of immovable properties
from their illegal or forcible dispossession there from by the property grabbers;
It is hereby enacted as follows:-
1. Short title, extent and commencement
(1) This Act may be called the Illegal Dispossession Act, 2005 It extends to the whole of
Pakistan. It shall come into force at once.
In this Act, unless there is anything repugnant in the subject or context, “Court” means the Court
of Session; “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898); “occupier”
means the person who is in lawful possession of a property; “owner” mean the person, who
actually owns the property at the time of his dispossession, otherwise than through a process of
law; and “Property” means immovable property.
3. Prevention of illegal possession of property, etc
(1) No one shall enter into or upon any property to dispossess, grab, control or occupy it without
having any lawful authority to do so with the intention to dispossess, grab, control or occupy the
property from owner or occupier of such property.Whoever contravenes the provisions of the
sub-section (1) shall, without prejudice to any punishment to which he may be liable under any
other law for the time being in force, be punishable with imprisonment which may extend to ten
years and with fine and the victim of the offence shall also be compensated in accordance with
the provision of section 544 A of the Code.
4. Cognizance of offence
(1) Notwithstanding anything contained in the Code or any law for the time being in force, the
contravention of section 3 shall be triable by the Court of Session on a complaint. (2) The
offence under this Act shall be non-cognizable. (3) The Court at any stage of the proceedings
may direct the police to arrest the accused.
5. Investigation and procedure
(1) Upon a complaint the Court may direct the officer-in-charge of police station to investigate
and complete the investigation and forward the same within fifteen days to the Court. Provided
the Court may extend the time within which such report is to be forwarded in case where good
reasons are shown for not doing so within the time specified in this sub-section.
(2) On taking cognizance of a case, the Court shall proceed with the trial from day to day and
shall decide the case within sixty days and for any delay, sufficient reasons shall be recorded.
(3) The Court shall not adjourn the trial for any purpose unless such adjournment is in its
opinion, necessary in the interest of justice and no adjournment shall in any case be granted fro
more than seven days.
6. Power to attach property
(1) If the Court is satisfied that none of the persons are in possession immediately before the
commission of the offence, the Court may attach the property until final decision of the case. (2)
In case of attachment, the methods of its management, safeguard against natural decay or
deterioration shall be determined by the Court.
7. Eviction and mode of recovery as interim relief
(1) If during trial the Court is satisfied that a person is found prima facie to be not in lawful
possession, the Court shall, as an interim relief direct him to put the owner or occupier, as the
case may be, in possession.
(2) Where the person against whom any such order is passed under sub-section (1) fails to
comply with the same, the Court shall, notwithstanding any other law for the time being in force,
take such steps and pass such order as may be necessary to put the owner or occupier in
(3) The Court may authorize any official or officer to take possession for securing compliance
with its orders under sub-section (1). The person so authorized may use or cause to be used
such force as may be necessary.
(4) If any person, authorized by the Court, under sub-section (3), requires police assistance in
the exercise of his power under this Act, he may send a requisition to the officer-in-charge of a
police station who shall on such requisition render such assistance as may be required.
(5) The failure of the officer-in-charge of police station to render assistance under sub-section
(4) shall amount to misconduct for which the Court may direct departmental action against him.
8. Delivery of possession of property to owner, etc.
(1) On conclusion of trial, if the Court finds that an owner or occupier of the property was
illegally dispossessed or property was grabbed in contravention of section 3, the Court may, at
the time of passing order under sub-session.
(2) of that section, direct the accused or any person claiming through him for restoration of the
possession of the property to the owner or, as the case may be, the occupier, if not already
restored to him under section 7. (2) For the purpose of sub-section (1), the Court may, where it
is required, direct the officer-in-charge of the police station for such assistance as may be
required for restoration of the possession of the property to the owner or, as the case maybe,
9. Application of Code.
(1) Unless otherwise provided in this Act, the provisions of the Code of Criminal Procedure,
1898 (V of 1898), shall apply to proceedings under this Act.
RAJA MUHAMMAD AMIN,
Shahrah-e-Jamhouriat, Sector G-5/2,
Post Box No. 1470, Islamabad (Pakistan).
Postal Code # 44000
Phone # 051 - 9203267, 9048320
Fax # 051 - 9224335, 051 - 9211613
You may contact the Officers of OPF at the following address:
Overseas Pakistanis Foundation
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government would take steps to ensure the participation of overseas Pakistanis in country’s
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residing abroad have been playing a pivotal role in country’s socio-economic development and
they should have a voice in the democratic process.
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