ISLAMABAD: A presidential ordinance promulgated on Saturday gave strong legal and administrative powers to a proposed authority charged with retrieving “illegally occupied” state lands and assets.

The decisions and actions of the authority formed under the ordinance, called the Federal Government Properties Management Authority, will generally not be challenged in any court of law.

The proposed body — to be headed by a director general and having a board comprising three members from the government and three from the private sector — will have powers so that “no court can pass any order that will bar the authority from removing encroachments from state land”.

New authority will have strong legal and administrative powers

“Save as otherwise provided by this ordinance, no court or other authority shall have jurisdiction to question the legality of anything done or any action taken under the ordinance by or at the instance of the authority in good faith,” a clause in the ordinance said.

“No court shall in any case pass an order affecting any anti-encroachment operations by the authority.”

Removal of difficulties

The ordinance further said: “If any difficulty arises in giving effect to any provision of this ordinance, the federal government may make such order, by notification in the official gazette, not inconsistent with the provision of this ordinance, for the purpose of removing the difficulty.”

The document said the authority may, with the approval of the government and by notification in the official gazette, make rules for carrying out its purpose and formulate regulations with the approval of its own board.

The ordinance also said: “If any property is used in contravention of the ordinance or… any rule, regulation or order, etc. made thereunder, the director general or any person authorised by him or the authority in this behalf may by order in writing require the owner, occupier, user or person in control of such property to remove, demolish or alter the property or the use of it under such manner so as to bring such structure, construction or use in accordance with the said provisions of this ordinance or of any rule, regulation or order made thereunder.”

The ordinance asserted that if an “illegal structure is built or existing structure is tampered with or damaged or altered with regard to any property, the responsible person/entity shall rectify it at its own risk and cost. In case of non-compliance, the authority shall carry out required function and, in such a case, the responsible person or entity shall be liable to bear all expenses incurred”.

In case the responsible person or entity is not in a position to bear the cost, it shall be recovered as arrears of land revenue or any other revenue collection process in place, said the document.

According to the ordinance, the authority will appoint a director general as its head for a period of three years, extendable for another term of three years.

Powers of the authority

As per the provisions of the ordinance, the body will collect data of assets and properties of different government entities, recommend to the government transfer of these assets to it for investment, and take possession of any asset transferred to it.

“…The authority shall be a body corporate, having perpetual succession and a common seal, with power and functions to acquire, hold and utilise assets as per provisions of this ordinance,” said the document.

The headquarters of the authority shall be at Islamabad and it may, with the prior approval of the government, set up as many offices all over the country as, when and where required.

“Before this the federal (government) on July 7 had approved the formation of a new authority tasked with the recovery of prime federal government properties located all over the country and eventually their disposal to generate funds,” added the ordinance.

Published in Dawn, August 23rd, 2021