Overseas Pakistani Friends Helpline

Dear Friends

Every day I receive a lot of emails from the visiting friends seeking my help to resolve their issues. Most of the people are not aware of the fact that I myself am an ordinary overseas Pakistani and cannot do anything good for them.  I wish I could be of some help for them but in most of the cases I find myself unable to extend a helping hand. Now I have decided to post all those complaints here.

I shall try to forward all genuine complaints to Overseas Pakistanis Foundation and other concerned departments, where possible. I would also like to request visiting friends to help the complainants if possible by giving them a better advice and provide useful information if they have it.

Today I have received a message from an overseas Pakistani lady residing in Qatar, which I am posting here.

I am also posting the details of the law against land grabbing, along with all the contact details of Overseas Pakistanis Foundation officials.

OVERSEAS PAKISTANIS DIVISION, OLD PMI Building, Zero Point, Islamabad.

Law against Land Grabbing

The Gazette of Pakistan

EXTRAORDINARY

PUBLISHED BY AUTHORITY

(ISLAMABAD, THURSDAY, JULY 7, 2005)

PART – I

Acts, Ordinances, President’s Orders and Regulations
SENATE SECRETARIAT
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.

2. Definitions

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 possession.

(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, the occupier.

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,
Acting Secretary

http://www.opf.org.pk/home/landgrabing.html

Email: opdivison@opf.gov.pk

Contact OPF

Shahrah-e-Jamhouriat, Sector G-5/2,
Post Box No. 1470, Islamabad (Pakistan).
U.A.N: 111-040-040

Postal Code # 44000

Phone # 051 – 9203267, 9048320

Fax # 051 – 9224335, 051 – 9211613

E-mail: info@opf.org.pk

Contact Officials

You may contact the Officers of OPF at the following address:

Overseas Pakistanis Foundation
G-5/2, Shahrah-e-Jamhuriat,
Islamabad.

Complaint Cell

Under the directive of Chief Executive in Pakistan, a Complaint Cell had been established in the Ministry of Labour, Manpower & OPs on 14th June, 2001 directing OPF to expeditiously process the complaints of overseas Pakistanis received through the Complaints Cell of the Ministry. Subsequently, a Complaint Cell has been established/reorganised in OPF (Welfare & Services Division) on 19-09-2003.

The cell deals with the following nature of complaints/grievances, which are usually received through Complaint Cell established in the Prime Minister’s Secretariat, Ministry of LM&OPs, Foreign Mission Abroad as well directly from the OPs:-

• Property Disputes and Housing Societie
• Family Disputes
• Criminal Cases
• Telephone connection/problems
• Electricity connections/problems
• Sui Gas connection/problems
• Water connection
• PIA/Other Airlines cases
• Employments requests/recommendations
• Financial Matters/Disputes
• Bank related matters
• Co-operative Societies/Taj Companys Claims
• Advisory Services/General information
• Any other nature of complaints

The above assignments have been divided (subject wise) into three main sections, which are handled by Assistant Directors under the guidance of Joint Director (Complaint Cell) and supervision of General Manager (Welfare & Services) being head of the Division.

Before the establishment of complaint cell, the above nature complaints were dealt by the Services Section, Welfare & Services Division, OPF, Islamabad. Since 1982, about 19,439 cases of above nature have been received, out of which 163,41 have been settled/action taken up to 31st January, 2007.

PROCEDURE/FOLLOW UP ACTIONS FOR EARLY RESOLUTION OF COMPLAINTS

• 1. After examining the case in detail, the compliant received in OPF Head Office (Complaint Cell) is disposed off within 3/ 4 days positively. As per directions of Minister of State the complaint is acknowledged the same on the next day.
• 2. All complaints related to various provinces received at OPF Head Office are forwarded to OPF Regional Offices (Regional Heads) nominated as focal points vide PM, Secretariat U.O No. 1(1)/2003-OP (CC) Part dated 08-11-2003, already circulated vide OPF Head Office Letter No. 3014/26/Com.Cell/01 dated 25th November, 2003. Whereas, the complaints relates to the accessible Districts to Head Office (i.e. Islamabad, Rawalpindi, Jhelum, Chakwal, Attock, Gujrat, Mandi Bahauddin, Sargodha, Mianwali, Layyah, Khushab, Bakhar, Faisalabad, Haripur, Abbottabad, Manshera, Batgram, Shangla,, Muzaffarabad, Bagh, Rawalakot, Suddontti) are dealt directly by the Complaint Cell at OPF Head Office.
• 3. The Regional office take up the case with the concerned authorities/department (focal points) for their appropriate action with a copy to applicant and OPF Head Office (Complaint Cell) within 2/3 days after receipt of complaint.
• 4. First written reminder is issued after two weeks from the date of issue of original letter. The second reminder is sent to concerned quarters accordingly.
• 5. If no response is received from the concerned department even after two reminders, the Regional Heads are requested to either send an officer to concerned department or talk to higher authorities for the resolution of complaint. The similar procedure will be followed in the Head Office. Such an action is required for two reasons. There are possibilities that letter has not reached the concerned quarters. If not received, the same is sent on correct address.
• 6. The outcome from the concerned quarter is conveyed directly to the applicants by the Regional Office under intimation to Head Office (Complaint Cell).
• 7. Regional offices submit their progress report on the required proforma on monthly basis for perusal of competent authority.
• 8. Where the complaint remains unresolved despite efforts made by the Regional offices the matter is referred to Head Office for immediate and appropriate action at a senior level.

Contactt address

Mr. Israr Khan Jamali

Director Welfare & Services
OPF Head Office,
Shahrah-e-Jamhuriat, G-5/2, Islamabad
Ph: 051 – 9219122

Click for online complaint submission to wafaqi Mohtasib