Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957)-------Ss. 18-A,' 18-B & 43(6) [as adapted in Azad Jammu and Kashmir]---Pakistan Rehabilitation Act (XLII of 1956), S.12 [as adapted in Azad Jammu and Kashmir]---Review---Scope of review by Rehabilitation Commissioner and Custodian in terms of amended Ss. 18-A & 18-B of the Act illustrated.--­[Review]. Scope of review by the Custodian and Rehabilitation Commissioner under subsection (6) of section 18-A were of limited nature. But after the deletion of subsection (6) of section 18-A the powers of the review of the Custodian under subsection (6) of section 43 of the Administration of Evacuee Property Act became unlimited. The Custodian is competent to go into the legality or illegality of an allotment of a person. The Custodian before the amendment was bound to issue the proprietary rights transfer order according to the terms of entitlement certificate issued by the Rehabilitation Commissioner but after the amendment the Custodian possessed wide powers under subsection (6) of section 43 read with subsection (2) of section 18-A to go into the question of genuineness or otherwise of an allotment. No embargo had been placed upon the powers of the Custodian, while exercising the review powers in terms that he could cancel the allotment of an allottee under section 18-B only if the claim of an allottee had been processed in connection with the transfer of proprietary rights to him. The bare reading of the section 18-B shows that powers given to the Custodian under section 18-B (1) (a), (b), (c), and (d) could be exercised by the Custodian at any time, even if no case was pending before him regarding the transfer of proprietary rights. These powers of the Custodian were in addition to the powers of revision which he possessed under section 11 of the Rehabilitation Act. At the most it could be said that under clause (e) of section 18-B (1) the powers were exercisable by the Custodian only if a case was processed or was being processed for grant of the proprietary rights. But even in cases falling within the ambit of section 18-B (1) (e) the powers of review of Custodian were as wide as in other…

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