Section 35: Order for sale on transmission to unqualified person

35. Order for sale on transmission to unqualified person.—(1) Where the property in a registered ship, or share therein, is transmitted on marriage, death, bankruptcy or otherwise to a person not qualified to own a Pakistani ship, then— (a) if the ship is registered in Pakistan the High Court; or (b) if the ship is registered in a port of registry established by this Ordinance, the principal civil court having jurisdiction, may on application by or on behalf of the unqualified person, order a sale of the property so transmitted and direct that the proceeds of the sale, after deducting the expenses thereof, be paid to the person entitled under such transmission or otherwise as the Court may direct. (2) The court may require any evidence in support of the application it thinks necessary and may make such order thereon and on such terms and conditions it thinks just or may refuse to make the order. (3) Every such application for sale must be made within four weeks after the occurrence of the event on which the transmission has taken place or within such further time, not exceeding one year from the date of the occurrence, as the court may allow. (4) If such an application is not made within the time aforesaid, or if the court refuses an order for sale, the ship or share transmitted shall thereupon be subject of forfeiture under this Ordinance.

Effective date: 2001-01-01

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