VESTED PROPERTY ACT, 1974
An Act to provide for the Administration
of certain properties vested in the Government or belonging
Whereas in an expedient to provide for
the administration of certain properties vested in the
Government or belonging to non-residents and for matters
It is hereby enacted as follows;-
Short title and commencement
(1) This Act may be called Vested and Non-Resident Property
(Administration) Act, 1974.
(2) It shall be deemed to have come into force on the
23rd day of March 1974.
Definitions. In this Act, unless there is anything repugnant
in the subject or context,
“Chairman” means the Chairman of a Committee
“Committee” means a Vested or Non-Resident
Property Management Committee constituted under Section
“Member” means a member of the Committee;
“non resident” who is not, or has ceased
to be, a permanent resident of the territory now comprising
Bangladesh or who has acquired a foreign nationality,
but does not include a person who is an evacuee as defined
in Article 2(c) of the Bangladesh (Restoration of Evacuee
Property) Order, 1972 (P.O. No. 13 of 1972).
“Non-resident property” means any property
owned by a non-resident, but does not include any property
(i) Is owned by any person who is a citizen of the state
which, at any time, after the 25th of March 1971, was
at war with, or engaged in military operation, against
the People’s Republic of Bangladesh;
(ii) Is abandoned property as defined in Article 2(i)
of the Bangladesh Abandoned Property (Control Management
and Disposal) Order, 1972 (P.O. No. 16 of 1972)
(iii) Has been nationalized or has been taken over and
is being managed by the Government in public interest;
(iv) Is held by a foreigner under an agreement with
the Government; or
(v) Has vested or is liable to be vested in the Government;
“Prescribed” means prescribed by rules under
“Vested property” means any property which
has vested in the Government under Section 3(1) (a)
of the Enemy Property (Continuance of Emergency Provisions)
(Repeal) Act, 1974, but does not include any share,
stock, scrip, bond, debenture stock or other marketable
security in or of a company or body corporate or any
share of a partnership firm vested in the Government
CONSTITUTION OF COMMITTEE
Constitution of Committee
(1) The Government may, by notification in the official
Gazette, constitute for each sub-division a committee
to be called the Vested and Non-Resident Property Management
Committee for the purpose of this Act.
(2) A Committee shall consist of-
The sub-divisional Magistrate, who shall also be its
Four members not being persons in the service of the
Republic, to be appointed by the government.
(3) The chairman shall be the Chief Executive Commissioner
of the Committee.
(4) A member may at any time, resign his office by notice
in writing addressed to the Chairman.
(5) The Government may, at any time, remove any member
without assigning any reason.
4. Procedure of a Committee. A Committee
shall subject to the provisions of this Act, have power
to regulate its own procedure and may act not withstanding
any vacancy in the office of any member; provided that
the Chairman and one member shall constitute the quorum
for a meeting of the Committee.
5. Staff of A Committee. The Government
shall make available to a Committee such staff as may
be necessary for the discharge of its functions under
6. Allowances of member of a committee.
The members of a Committee may receive such allowance
as may be fixed by the Government.
7. Taking charge of vested properties.
(1) A Committee shall take charge of all vested properties
within its jurisdiction: Provided that when any such
property is situated within the jurisdiction of more
than one Committee, such property shall be taken charge
of by such Committee as the Government may direct.
(2) Subject to the provisions of this
Act, a Committee taking charge of any vested property
shall have all the powers, rights and liabilities of
the Government in respect of such property, and shall
take such measures as may be necessary for the good
management and protection of such property, for the
assertion of title thereto and for maintaining and recovering
possession, thereof, and may, for such purposes, do
all acts and incur all expenses which are necessary
Provided that a Committee shall not be entitled to transfer,
except by monthly or annual lease, any vested property.
(3) Subject to the provision of this
Act and any other law for the time being in force, a
Committee may with the written consent of the owner
and in the prescribed manner transfer any vested property.
8. Vesting of non-resident properties.
(1) Subject to the provisions of sub-sections
(2) and (3) a Committee may, of its own motion or on
the application of a non-resident or upon the direction
of the Government, take charge of any non-resident property
within its jurisdiction.
(2)Before taking charge of any non-resident
property under sub-section (1), the Committee shall
cause a public notice to be served in the prescribed
manner calling to the objections to the taking charge
of such property by the Committee to be filed within
such period as may be specified therein, and if such
property is in possession of any person, a copy of the
notice shall also be served on such person in the prescribed
(3) If an objection is filed under sub-section
(2), the Committee shall decide the matter after giving
the person filing the objection an opportunity of being
heard and after making such inquiry as it may deem necessary.
(4) Any decision of the Committee under
sub-section (3) shall not prejudicially affect the right
of any person to establish title in a competent court.
(5) When the Committee takes charge
of any non-resident property under sub-section (1),
it shall pass a formal order recording such fact whereupon
the property shall vest in the Committee.
(6) When any non-resident property has
vested in the Committee under sub-section (5), the Committee
shall, as soon as may be, give public notice of the
fact in the prescribed manner.
9. Functions of a Committee in respect
of non-resident properties vested in it.
(1) Subject to the provision of this
Act, the Committee in which any non-resident property
has vested shall have all the rights and liabilities
of the non-resident concerned in respect of the property,
and shall take such measures as may be necessary for
the management and protection of such property, for
the assertion of title thereto and for maintaining and
recovering possession thereof, and for such purposes,
do all acts and incur all expenses which are necessary
Provided that a Committee shall not be entitled to transfer,
except by monthly or
annual lease, any non-resident property vested in it
without the written consent of the non-resident vested
in it, after reduction therefrom all sums properly debitable
to such income.
(2) Subject to any other law for the
time being in force, a Committee shall pay to a non-resident
in the prescribed manner the income of any property
of the non-resident concerned.
10. Rights of Non-Residents.
A non-resident, whose property has vested
in a Committee may with the
previous permission of the Committee and subject to
any other law for the time being in force, dispose of
such property by sale, exchange or gift:
Provided that no such permissions shall
be given unless he pays to the Committee all sums due
to in respect of such property,
Provided further that such disposition
shall be subject to any lease granted by the Committee.
(2) A disposition of any non-resident
property in contravention of the provisions of sub-section
(1) shall be null and void.
(3) Upon disposition of any property
under sub-section (14), the non-resident shall inform
the Committee in writing of such disposition, and, on
receipt of such information, the Committee shall, by
a written order, release such property forthwith from
its management and give public notice of such order
in the prescribed manner whereupon the property shall
cease to vest in the Committee.
11. Accounts and audit.
(1) A Committee shall maintain in the
prescribed form a separate account in respect of each
vested property taken charge by it and of each non-resident
property vested in it and shall cause to be made therein
entries of all receipts and payments made in respect
(2) The Government shall cause such
accountants to be inspected and audited as such intervals
and by such persons as may be prescribed.
(3) A non-resident may inspect the accounts
maintained in respect of his property vested in the
12. Certain Payments not to be valid
(1) All sums due to the Government or
a non-resident from any person in respect of a vested
property or a non resident-property shall be payable
to the Committee which has taken charge thereof or in
which such property has vested, and any payment made
in contravention of the provision of this section shall
not be deemed to be a valid discharge.
(2) All sums payable to a Committee
by any person under sub-section (1) shall be recoverable
as a public demand.
(1) a Committee may reimburse itself
for, or pay or discharge out of the income of any vested
property taken charge of it by it or, as the case may
be, any non-resident property vested in it, all expenses
reasonably incurred in respect of such property in discharging
(2) All expenses of the Committee not
specifically related to any vested property or non-resident
shall be defrayed out of a levy at a prescribed rate
on the gross collections made by the Committee.
14. Surrender of non-resident property.
(1) If any non-resident or vested property
is found to be in the unlawful possession of any person,
and if such person does not surrender possession of
such property to the Committee on being directed to
do so on the date fixed by it, the Sub-Divisional Magistrate
or any other Officer authorised by him in this behalf
may, on the application of the Committee, enforce the
surrender of such property by such person to the Committee
and the Sub-Divisional Magistrate or the officer so
authorised may use or cause to be used such force as
may be necessary for taking possession of the property.
15. Produce of Records, etc.
(1) A Committee may, for the purpose
of this Act, by notice in writing require any person
to make or deliver to it a statement or to produce before
it records and documents in his possession or control
relating to any vested property or non-resident property
as such time and place as may be specified in the notice.
(2) Every person required to make or
deliver a statement or to produce any record or document
under sub-section (1) shall be deemed legally bound
to do so within the meaning of sections 175 and 176
of the Penal Code (XLV of 1860).
16. Indemnity. No suit or other legal
proceeding shall lie against the Government or a Committee
for anything which is in good faith done or to be done
in pursuance of this Act or the rules made thereunder.
17. Power to make rules. The government
may make rules for carrying out the purposes of this
18. Repeal. The Evacuees (Administration
of Immovable Property) Act, 1951 (E.B. Act XXIV of 1951),
and the Vested and Non-Resident Property (Administration)
Ordinance 1974 (Ord. V of 1974) are hereby, repealed.