Cantonments Rent Restriction Act, 1963

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THE CANTONMENTS RENT RESTRICTION ACT, 1963 
 
              
 
 
 
 
 
CONTENTS 
1.  Short title, extent and commencement 
2. Definitions 
3.  Act not to apply to certain buildings 
4.  Power of exemption 
5.  Act to override other laws 
6.  Appointment of controller 
6A.  Applications to be filed with controller 
6B.  Power of controller to transfer cases 
7.  Determination of fair rent 
8.  Increase of fair rent in certain cases 
9.  Landlord not to claim anything in excess of fair rent 
10.  Fine or premium not to be charged for grant, renewal or continuance of tenancy 
11.  Moneys which should not have been paid may be recovered 
12.  Tenant to pay taxes 
13.  Landlord not to interfere with amenities enjoyed by the tenant 
14.  Restriction of conversion of residential buildings into commercial buildings and vice versa 
15.  Failure by landlord to make necessary repairs 
16.  Reimbursement of expenses incurred on repairs under orders of a local authority 

 
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17.  Eviction of tenant 
17A.  Eviction of tenants where the landlord is a salaried employee, widow or minor orphan 
18.  Registration of hotels, lodging­houses 
19.  Fixation of fair rates 
20.  Fair rates, etc., to be displayed 
21. Eviction of guests from hotels, etc. 
22.  Eviction of government servants, etc. 
23.  Decisions which have become final not to be re­opened 
24.  Appeal 
25.  Execution of orders 
26.  Landlord and tenant to furnish particulars 
27.  Procedure and powers of Controller 
28.  Penalties 
29.  Cognizance of offence 
30.  Controller to be a public servant 
31. Indemnity 
32.  Power to make rules 
 
 
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THE CANTONMENTS RENT RESTRICTION ACT, 1963 
 
Act No. XI OF 1963 
           [27th April, 1963] 
 
An Act to make provisions for the control of rents of certain class of buildings within the limits of the 
Cantonment areas and for the eviction of tenants therefrom. 
 
 WHEREAS it is expedient to make provision for the control of rents of certain class of 
buildings within the limits of the cantonment areas, for the eviction of tenants therefrom and for 
matters connected therewith;  
 
 It is hereby enacted as follows:— 
 
 1. Short title, extent and commencement. __ (1) This Act may be called t he Cantonments 
Rent Restriction Act, 1963. 
 
 (2) It extends to all the cantonments in Pakistan. 
 
 (3) It shall come into force at once. 
 
 2. Definitions.— In this Act, unless there is anything repugnant in the subject or context:— 
 
1[(a) “Additional Controller”  means a n Additional Controller of Rent appointed 
under sub-section (2) of section 6;] 
 
2[(aa)] “building”' means any building or part of a bui lding, whether  residential or 
not, together with all fittings and fixtures therein, if any, and includes any 
gardens, grounds, garages and outhouses attached or appurtenant to such 
building or part, and vacant land, but does not include any place of religi ous 
worship; 
 
(b) “Cantonment Board”  means a Cantonment Board constituted under the 
Cantonments Act, 1924 (II of 1924);  
 
(c) “commercial building”  means a building used solely for the purposes of 
business or trade;  
 
(d) “Controller” means a Controller of  Rents appointed by the 3[Federal 
Government] under sub -section (1) of s ection 6  and includes an Additional 
Controller 4[*  *   * ]; 
 
 
 
 
1 Ins. by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), s.2. 
2Re-lettered ibid., 
3Subs. by F.A. O., 1975, Art. 2 and Table, for “Central Government”. 
4Certain words omitted by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), s.2. 
 
 
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 (e) “family” of a person means and includes a husband, wife, children, dependent 
parents, depend ent brothers, unmarried or widowed sisters and a deceased 
son's widow and children residing with, and wholly dependent upon , that 
person; 
 
(f) “a house” is said to be in a state of reasonable repair, when— 
 
(i)  all floors, walls, pillars, arches and roofs  are sound and watertight,  
 
(ii)  all doors and windows are intact, properly painted or oiled, and 
provided with proper hooks or bolts or other necessary fastenings,  
 
(iii)  all rooms, outhouses and appurtenant buildings are properly colour -
washed or white-washed, and 
 
(iv)  all electric, water and sanitary fittings, if any, are properly maintained 
and   are safe, sound and without leakage; 
 
(g) “Landlord” means any person for the time being entitled to receive rent in 
respect of any building whether on his  own account or on behalf or for the 
benefit of any other persons, or as a trustee, guardian or receiver and includes 
a tenant who, being authorised under the terms of his lease so to do, sublets 
the building and every other person for the time being d eriving title from the 
landlord; 
 
(h) “prescribed” means prescribed by rules made under this Act;  
 
(i) “residential building” means any building used fo r the purposes of residence 
and includes a hostel, boardi ng-house and residential hotel; and 
 
(j)  “tenant” means any person who undertakes or is bound to pay rent as 
consideration for the possession or occupation of a building by him or by any 
other person on his behalf, and includes:— 
 
(i)  any person who continues to be in possession or occupation of the 
building after the termination of his tenancy; and 
 
(ii)  in the event of the death of the tenant, his heirs and successor s and 
after the termination of the tenancy, his heirs and successors who 
continue to be in possession or occupation of the building. 
 
 3. Act not to apply to certain buildings.— Nothing contained in this Act shall apply to— 
 
(a) any evacuee property as defined in the Pakistan (Administration of Evacuee 
 Property) Act, 1957 (XII of 1957); and 
 
 
 
 
 
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(b)  any property owned by the  1[Federal Gov ernment], any Provincial 
 Government, Railway, Port Trust or Cantonment Board and any property 
 owned, managed or controlled by any other local authority under the 
 administrative control of the 1[Federal Government] or of any Provincial 
 Government. 
 
 4. Power of exemption. —The 1[Federal Government] may, by notification in the official 
Gazette, direct that all or any of the provisions of this Act shall not apply to any cantonment or to 
any particular building or class of buildings or to buildings in any specific area. 
 
 5. Act to override other laws. —The provisions of this Act and any rule or order made 
thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other 
law for the time being in force, or in any instrument or document. 
 
 6. Appointment of Controller. __ (1) The 1[Federal Government] may, for purposes of this 
Act, by notification in the official Gazette, appoint a person to be the Controller of Rents for one or 
more cantonments. 
 
 (2) The 1[Federal Government] m ay also, by notification in the official Gazette, appoint a 
person to be the Additional Controller of Rents for one or more cantonments. 
 
 2[6A. Applications to be filed with Controller. — Every application under this Act shall be 
filed with the Controller who shall either hear it himself or assign it to an Additional Controller for 
hearing and disposal.  
 
 6B. Power of Controller to transfer cases.—The Controller may, either on an application or 
on his own motion, at any stage,— 
 
(a) transfer any case pendi ng before him to the Additional Controller for hearing 
and disposal; or 
 
(b) withdraw any case pending in the court of an Additional Controller; and  
 
(i) hear and dispose of the same himself, or 
 
(ii)  transfer it to another Additional Controller for hearing and disposal, or 
 
 (iii)  retransfer the same for hearing or disposal to the Additional Controller 
 from whom it was withdrawn. 
 
 Explanation. The power to transfer cases shall not be exercisable by the Additional 
Controller.”. 
 
 
 
 
 
 
1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 
2Ins. by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), s.3.   
 
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 1[7. Determination of fair rent.__(l) The Controller shall, on an  application by   the tenant or 
landlord of building, fix fair rent for such building after holding such enquiry as he may think fit. 
 
 (2) The fair rent shall be fixed after taking into consideration the following factors, 
namely:— 
 
(a) the rent of the same building or similar accommodation in similar 
circumstances prevailing in the locality at the time of, and during the period of 
twelve months prior to the date of, the making of the application; 
 
(b) the rise, if any, in the cost of construction and of the repair and maintenance 
charges as well as changes in the existing taxes after the commencement of the 
tenancy; and 
 
(c) the rental value of the building as entered in the latest assessment list of the 
Cantonment Board as proposed under s ection 72 of the Cantonments Act, 
1924 (II of 1924). 
 
 (3) The fair rent fixed under this section shall be payable by the tenant from the date to be 
fixed by the Controller which shall not be earlier than the date of filing of the application. 
 
 (4) If the fair rent fixed under sub-section (2) exceeds the rent being paid b y the tenant on the 
date of the filing of the application under this section, the maximum increase of rent payable by the 
tenant shall not be more than twenty-five percent of the rent already being paid by him. 
 
 (5) When the fair rent of a building has been fixed under this section, or where the rent of any 
building has been determined by an agreement between the landlord and the tenant, no further 
increase in such fair rent shall, during the continuance of tenancy be permissible within a period of 
three y ears from the date fixed by the Controller under sub -section (3) or from the date of the 
agreement, as the case may be, except in case s where some addition, improvement or alteration has 
been carried out at the landlord’s expense and at the request of the tenant. 
 
 (6) The fair rent as increased on grounds of some addition, improvement or alteration made 
permissible under this section shall not exceed the fair rent payable under this Ordinance for a 
similar building in the same locality with such addition, improvement or alteration and it shall not be 
chargeable until such addition, improvement or alteration has been completed.  
 
 (7) Any dispute between the landlord and tenant in regard to any increase claimed on grounds 
of some addition, improvement or alt eration made permissible under this section shall be decided by 
the Controller.] 
 
 8. Increase of fair rent in certain cases.  __ (l) Where the fair rent of the buil ding has once 
been fixed under s ection 7, it shall not be increased with or without the cons ent of the tenant unless 
some addition, improvement or alteration otherwise than by way of ordinary or usual repair has been 
made in the building at the landlord’s expense and, if the building be in the occupa tion of a tenant, at 
the tenant’s request in wr iting, or unless a new tax has been imposed or an existing tax has been 
increased. 
 
 (2) Every dispute between a landlord and his tenant relating to the increase of rent under sub -
section (1) shall be decided by the Controller: 
 
1Subs. by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), s.4 for section7. 
 
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 Provided that the Controller shall in no case allow any increase beyond seven and a half per 
centum of the cost of the addition, improvement or alteration made in the building or, bey ond the 
amount of the additional tax payable by the landlord, as the case may be.  
 
 9. Landlord not to claim anything in excess of fair rent. — Save as provided in Section 8, 
where the fair rent of a building has been fixed under section 7 the landlord shall not claim or receive 
any premium or other like sum in addition to fair rent, or any  rent in excess of such fair rent and any 
agreement or contract stipulating payment of any such pr emium, sum or excess rent shall  to the 
extent of such stipulation be void:  
 
 Provided that nothing in this section shall affect any stipulation for or payment of advance 
rent for not exceeding three months.  
 
 10. Fine or premium not to be charged for grant, renewal or continuance of tenancy. — 
No landlord shall, in considerat ion of the grant, renewal or continuance of any tenancy of any 
building, require the payment of any fine, premium or any other like sum in addition to the rent. 
 
 11. Moneys which should not have been paid may be recovered. —Where, after the 
commencement of this Act, any sum not payable by a tenant under this Act has been paid by him, it 
may at any time within four months of the date of such payment be recovered by the tenant and may, 
without prejudice to any other mode of recovery  be deducted by the tenant from the rent payable by 
him to the landlord. 
 
 12. Tenant to pay taxes. —Notwithstanding anything contained in any other law for the time 
being in force or in any agreement, the tenant shall be bound to pay the taxes due in respect of the 
building to the C antonment Board, as requi red by s ection 65 of the Cantonments Act, 1924  (II of 
1924), by making deductions from the rent payable by him. 
 
 13. Landlord not to interfere with amenities enjoyed by the tenant. __ (l) No landlord 
shall, without just or sufficient cause cut off or withhold any of the amenities enjoyed by the tenant. 
 
 (2) A tenant in occupation of a building may, if the landlord has contravened the provisions 
of this section, make an application to the Controller complaining of such contravention . 
 
 (3) If the Controller, on inquiry finds that the tenant has been in enjoyment of the amenities 
and that they were cut off or withheld by the landlord without just or sufficient cause, he shall make 
an order directing the landlord to restore such amenit ies, or authorising the tenant to provide the 
same and to incur such expense thereon as the Controller may specify, and any sum so spent by the 
tenant shall be adjustable against the rent payable by the tenant in respect of that building. 
 
 14. Restriction of conversion of residential building s into commercial buildings and vice 
versa.—No person shall convert a residential building into a commercial building or vice ve  rsa, 
except with the permission in writing of the Controller. 
 
 15. Failure by landlord t o make necessary repairs. — If a landlord fails to keep a building 
in a state of reasonable repairs, or to make such repairs thereto, not being structural alterations, as 
may from time to time be necessary, it shall be competent for the Controller to direct , an application 
by the tenant, and after such inquiry as the Controller may think necessary that such repairs may be 
made by the tenant, and the cost thereof deducted from the rent payable by him: 
 
 
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 Provided that nothing in this section shall enable the t enant to spend on repairs any amount 
exceeding three month ’s rent unless the Controller after making necessary inquiry is satisfied that 
such repairs are essential to render the building fit for occupation: 
 
 Provided further that where under the terms of the agreement of tenancy, a tenant is 
authorised to make repairs at the expense of the landlord no application under this section shall be 
necessary. 
 
 16. Reimbursement of expenses incurred on repairs under order s of a local authority.—
(l) Where a local a uthority, in exercise of its functions under any law directs a landlord to make 
certain specified repairs to his building and the landlord fails to comply therewith, the tenant may at 
the direction of the local authority make such repairs. 
 
 (2) Where a te nant make any repairs in pursuance of a direction given under sub -section (1) 
he shall within three months of the completion of repairs submit to the local authority an account of 
the cost incurred by him , on such repairs and the local authority shall, aft er due verification, certify 
such costs, whereupon the tenant shall become entitled to dedu ct the amount of certified cost  from 
the rent payable by him. 
 
 17. Eviction of tenant. __ (l) After the commencement of this Act, no tenant, whether before 
or after  the termination of his tenancy, shall be evicted from the building in his possession or 
occupation in execution of a decree passed after such commencement, except in accordance with the 
provisions of this section. 
 
 (2) A landlord who seeks to evict his te nant shall apply to the Controller for an order in that 
behalf, and the Controller may  after giving the tenant a reasonable opportunity of showing cause 
against the application, make on order directing the tenant to put the landlord in possession, if he is  
satisfied that:— 
 
(i) the tenant has not paid or tendered the rent to the landlord within fifteen days 
of the expiry of the time fixed in the agreement of tenancy for payment of rent, 
or in the absence of such agreement, within sixty days following the period for 
which the rent is due; or 
 
(ii) the tenant has, without the written consent of the landlord,__ 
 
(a) transferred his right under lease or sublet the building or any  portion 
thereof, or 
 
 
(b) used the building for a purpose other than that for which  it was leased; 
or 
 
(iii) the tenant has committed such acts as are likely to materially impair the value, 
look or utility of the building; or 
 
(iv) the acts and conduct of the tenant have been a nuisance to the occupiers of 
buildings in the neighbourhood; or 
 
 
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(v) where the building is situated in a place other than a hill station, the tenant has 
ceased to occupy the building for a continuous period of four months without 
reasonable cause; or 
 
(vi) the landlord intends to demolish the building for construct ing a new building 
on the same site and has already obtained the necessary sanction for such 
construction from the Cantonment Board: 
 
 Provided that the Controller may give the tenant a reasonable time for putting the  landlord in 
possession of the building  and may extend such time so as not to exceed three months in the 
aggregate. 
 
 Explanation.__ For the purpose of clause (i) the rent remitted by  money order to the landlord 
or in case  the landlord refuses to accept the rent  deposited in the office of the C ontroller having 
jurisdiction in the area where the building is situate, shall be deemed to have been duly tendered. 
 
 (3) If the Controller is not satisfied as aforesaid he may make an order rejecting the 
application. 
 
 (4) A landlord may apply to the Controller for an order directing the tenant to put the landlord 
in possession,__ 
 
(a)  in the case of a residential building, if:— 
 
(i)  he requires it in good faith for his own occupation or for the 
occupation of any member of his family; and 
 
(ii)  he or t he member of his family, as the case may be, is not occupying 
any other residential building suitable for his needs at the time, in the 
Cantonment area concerned or in any local area in the vicinity thereof; 
and 
 
(iii)  he or the said member has not vacate d such a building in the said area 
or vicinity without sufficient cause after the commencement of this 
Act; and 
 
(b)  in the case of a commercial building, if:— 
 
(i)  he requires it in good faith for his own use; and 
 
(ii)  he is not occupying in the C antonment area concerned or in any local 
area in the vicinity thereof in which such building is situate for the 
purposes of his business any other such building suitable for his needs 
at the time; and 
 
(iii)  he has not vacated such a building in the said area  or vicinity without 
sufficient cause after commencement of this Act: 
  
 
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 Provided that where the tenancy is for a specified period agreed upon between the landlord 
and the tenant, the landlord shall not be entitled to apply under this sub -section before the expiry of 
such period: 
 
 Provided further that when the landlord has obtained possession of a residential or a 
commercial building under the provisions of sub -clause (a) or sub -clause (b) he shall not be entitled 
to apply again for the possession of any other building under that sub -clause, unless the building of 
which he had previously taken possession has become unsuitable for his needs: 
 
 Provided also that this sub -section shall not apply to serais, hotels, dak -bungalows, lodging-
houses, boarding-houses, residential clubs, restaurants, eating -houses, cafes, refreshment rooms and 
places of public recreation or resort or premises dealing in sales or production of materials of books 
of educational and cultural values except where the landlord requires any  such building to carry on 
any such business of his own, in which case he may make an application under this sub -section after 
having served two years’ notice on the tenant; but no building which is not, on the commencement of 
this Act being used for any o f the aforesaid purposes, or has not after such commencement been left 
out expressly for any such purpose; shall be converted to any such purpose except with the consent 
in writing of the landlord. 
 
 (5) The Controller shall, if he is satisfied that the cl aim of the landlord under sub -section (4) 
is bona fide make an order directing the tenant to put the landlord in possession of the building on 
such date as may be specified by the Controller and if the Controller is not satisfied, he shall make an 
order rejecting the application: 
 
 Provided that the Controller may give the tenant a reasonable time for putting the landlord in 
possession of the building and may extend such time so as not to exceed three months in aggregate. 
 
 (6) Where the landlord who has ob tained possession of a build ing in pursuance of an order 
made under sub -section (5) does not himself or where possession of the building has been obtained 
for any member of his family, such member does not occupy the building within one month of the 
date of obtaining its possession, the tenant who had been evicted may apply to the Controller for an 
order directing that the possession of such building be restored to him and the Controller may 
thereon make an order accordingly. 
 
 (7) Where a landlord has obta ined possession of a building in pursuance of an order under 
clause (vi) of sub -section (2) and does not have the building demolished within four months of the 
date of taking its possession, or does not construct the new building within a period of two yea rs 
following the expiry of the said period of four months, he shall, unless he satisfies the Controller that 
he was prevented from having the building demolished or constructing the building within the said 
time by reasons beyond his control, be punished w ith imprisonment for a term which may extend to 
six months or with fine or with both. 
 
 (8) On the first hearing of proceeding under this section or as soon thereafter as may be put 
before the issues are framed, the Controller shall direct the tenant to de posit in his office before a 
specified date all the rent due from him, and also to deposit regularly till the final decision of the 
case, before the 5th day of each month, the monthly rent which subsequently becomes due, and if 
there be any dispute as to t he amount of rent due, the Controller shall determine such amount 
approximately. 
 
 
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 (9) If the tenant fails to deposit the amount of rent before the specified date or, as the case 
may be, before the 5th day of the month, his application, if he is a petition er, shall be dismissed, or 
his defence, if he is a respondent, shall be struck off, and the landlord shall be put in possession of 
the building without any further proceedings. 
 
 (10) Where the Controller is satisfied that any application made by a landlor d for the eviction 
of a tenant is frivolous or vexatious, the Controller may direct that compensation not exceeding one 
hundred rupees be paid by such landlord to the tenant. 
 
 (11) Notwithstanding anything contained in this Act or elsewhere, the 1[Federal Government] 
or the Provincial Government, a Railway, a Port Trust, a Cantonment Board or any other local 
authority may also apply to the Controller to seek eviction of the tenant from its building whether 
owned, hired or requisitioned, in the event of non -payment o f rent within the period herein before 
prescribed or for infringement of any of the terms of possession or occupation. 
 
  2[17A. Eviction of tenants where the landlord is a salaried employee, widow or minor 
orphan.__ (l) Notwithstanding anything c ontained in this Act or any oth er law for time being in 
force,— 
 
(a)  in a case where the landlord has died; or 
 
(b)  in a case where the landlord is a salaried employee and has retired or is due to 
retire within a period of six months,  
 
a notice in writi ng may be given by such landlord or the widow or minor child of the deceased 
landlord, as the case may be, to the tenant of a residential building informing him that he or she 
needs the building for personal use and requiring him to deliver vacant possessi on of the building 
within a period of two months from the date of receipt of the notice: 
 
 Provided that no application under this section shall be maintainable if it is made after six 
months from the date of the death of the landlord or, in the case of th e retirement of a salaried 
person, before six months from, or after six months of, the date of his retirement: 
 
 Provided further that, in a case where the landlord has died or salaried person has retired 
before the commencement of this Ordinance, an appli cation may be made within a period of six 
months from the date of such commencement. 
 
 (2) The right to seek ejectment under sub -section (1) shall also be available to a landlord of a 
residential building who is the wife, husband or a minor child of a sala ried employee referred to in 
sub-section (1). 
 
 (3) In the case of a landlord referred to in sub -section (1) or sub -section (2) who happens to 
be a landlord of more than one residential building, whether or not in the same locality, action as 
provided for in this section shall be competent in respect of one of such residential buildings only. 
 
 (4) A landlord referred to in clause (b) of sub -section (1) or in sub -section (2) who is in 
occupation of a residential building owned by him shall not be entitled t o seek ejectment of a tenant 
from a residential building situated in the locality in which the building in occupation of the landlord 
is situated unless he offers the building in his occupation in exchange of the building in possession of 
the tenant on suc h terms and conditions and on payment of such rent as may be determined by the 
Controller: 
 
 
1 Subs. by F.A.O., 1975, Art. 2 and Table, for  “Central Government”. 
2 Ins. by  the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of  1985) s.5.  
 
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 Provided that the benefit of exchange shall not be available to the tenant who refuses to 
accept the offer or the terms and conditions and the rate of rent determined by the Controller. 
 
 (5) A tenant who on receipt of the notice referred to in sub -section (1) fails to deliver vacant 
possession of the building to the landlord or to the widow or minor child of the deceased landlord 
within the time allowed in the notice shall be liable to be ejected summarily by the Controller on an 
application being made to him in this behalf. 
 
 (6) On an application made to him under sub-section (5), the Controller shall issue a notice to 
the tenant and, on being satisfied with the bona fides of the request of the landlord or the widow or 
minor child of the deceased landlord, shall order the summary ejectment of the tenant. 
 
 (7) A landlord or a widow or child of a deceased landlord referred to in sub -section (1) or 
sub-section (2) who, within one year of his or her having obtained possession of a building as 
provided for in sub -section (6), relets the building to any person other than the previous tenant shall 
be punishable with fine which may extend to five thousand rupees: 
 
 Provided that, if the amount of the annual rent for which the building is so relet exceeds five 
thousand rupees, the amount of fine shall be equal to the amount of annual rent.] 
 
 18. Registration of hotels, lodging -houses.—(1) Within a period of two months from the 
commencement of this Act or from the opening of any hotel or lodging -house, whichever is later, the 
owner of every hotel and lodging -house shall apply to the Controller for registration of his hotel or 
lodging-house and for determination of fair rates in relation thereto: 
 
 Provided the 1[Federal Government] may, by a special or general order, by notification in the 
official Gazette, exempt any hotel or lodging -house or class of hotels or lodging -houses from the 
provisions of this section. 
 
 (2) Any owner of a hotel or lodging -house who fails to get his hotel or lodging -house 
registered in compliance with sub-section (1) shall be punishable with fine which may extend to five 
hundred rupees. 
 
 19. Fixation of fair rates. __ (l) The Controller may fix fair rates to be charged for board, 
lodging and other services provided in a hotel or boarding-house, at such amount as, having regard to 
all the circumstances, he deems just. 
 
 (2) A fair rate may be fixed separately for daily and monthly guests. 
 
 Explanation.__ A guest who agrees to reserve accommodation for a period of one month or 
more shall be deemed  to be a monthly guest and where the reservation is not for any specified 
period, or is for a period of less than one month, the guest shall be deemed to be a daily guest. 
 
 (3) The Controller may from time to time revise the fair rates determined by him u nder this 
section: 
 
 Provided that in case of reservation under an agreement or otherwise for a specified period no 
revision of fair rates shall be applicable. 
 
 (4) The Controller may also fix the minimum number of guests to be accommodated in each 
room or other unit of accommodation in a hotel or lodging-house: 
 
1Subs. by F.A.O., 1975, Art. 2 and Table for “Central Government”.  
 
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 Provided that where accommodation in a hotel or lodging house is in the occupation of the 
Armed Forces of Pakistan, the appropr iate authority of the Armed Forces shall be given an 
opportunity to state facts and its views with regard to the determination of fair rates before such rates 
are fixed: 
 
 Provided further that the Controller shall be empowered to fix fair rates for hotels , boarding-
houses, lodging -houses and dak bungalows under the control of the Armed Forces or meant 
exclusively for the use of the Personnel of the Armed Forces.  
 
 20. Fair rates, etc ., to be displayed. —The fair rates fixed by the Controller and the 
maximum number of guests who may be accommodated in each room or unit of accommodation in a 
hotel or lodging house shall be displayed in a conspicuous manner in the office and in the public -
rooms, if any, of such hotel or lodging-house.  
 
 21. Eviction of guests  from hotels, etc .—(l) Except as hereinafter provided, no guest shall 
be evicted from a hotel or lodging -house or refused board or other services so longs as he pays or is 
ready and willing to pay the fair rates. 
 
 (2) If the Controller is satisfied that:— 
 
(a)  a guest in a hotel or lodging -house has been guilty of conduct which is a 
nuisance or sou rce of annoyance to other guest  or persons living in the 
neighbourhood; or 
 
(b)  the accommodation he occupies is required by the owner or manager of the 
hotel or lodging-house; 
 
the Controller may, if he considers that the requirement is genuine and reasonable, make an order 
authorising the owner or manager, as the case may be, to recover possession of the accommodation 
or part thereof occupied by such guest: 
 
 Provided that no such order shall be made unless the guest has been given a reasonable 
opportunity to show cause why such order should not be made: 
 
 Provided further that where there is an agreement for the stay of the guest for a specified 
period, he shall not be evicted before the expiry of that period.  
 
 22. Eviction of Government servants, etc. — Notwithstanding anything contained in any 
other provision of this Act no order of eviction shall be made under this Act against any person in the 
service of t he 1[Federal Government], a Provincial Government, a Railway, a Port Trust, a 
Cantonment Board or any other local authority or of any corporation, company or authority 
rendering an essential service to the community, if his eviction would be detrimental to  the public 
interest, provided eviction is not sought on the grounds referred to in clauses (i)  to (iv) of sub-section 
(2) of section 17 2[or under section 17A] or clause (a) of sub-section (2) of section 21 of this Act. 
 
 23. Decisions which have become f inal not to be re -opened.— The Controller shall 
summarily reject any application under sub -section (2) or under sub -section (4) of Section 17, 2[or 
under Section 17 -A] which raises substantially the same issues as have been finally decided in a 
former proceeding under this Act. 
 
 3 [24. Appeal.__ (1) Any party aggrieved by an order, not being an interim order, made by the 
Controller may, within thirty days of such order, prefer an appeal to the High Court. 
 
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 
2 Ins. by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), ss. 6 and 7. 
3 Subs. ibid., s. 8.,  for section 24. 
 
Page 14 of 15 
 
 (2) The High Court may, pending the final disposal of the appeal, make an order staying 
further proceedings or action on the order of the Controller: 
 
 Provided that no such order shall be made if the appeal has been preferred from an order 
made under sub-section (6) of Section 17-A. 
 
 (3) The High Court shall, after perusing the record of the case and givi ng the parties an 
opportunity of being heard and, if necessary , after making such further enquiry either by itself or by 
the Controller as it may deem fit, make an appropriate order which shall be final. 
 
 (4) No order of the Controller except by an appeal  under this section, and no order of the 
Appellate Court made under this Act shall be called in question in any Court by any suit, appeal or 
other legal proceedings.] 
 
 25. Execution of orders. __ (l) Every order made under s ection 13 1[, section 17 or  section 
17A] and ever y order passed on appeal under s ection 24 shall be executed by a c ivil Court having 
jurisdiction in the area as if it were a decree of that Court. 
 
 (2) The provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908  
(Act V of 1908), shall, so far as may be, apply to the execution of orders made or deemed to have 
been made under this Act. 
 
 26. Landlord and tenant to furnish particulars. — Every landlord and every tenant of a 
building shall be bound to furnish to the C ontroller, or any person authorised by him in that behalf, 
such particulars in respect of such building as may be prescribed. 
 
 27. Procedure and power s of Controller.— No order under s ection 7, 8,13,15,17 or 19 of 
this Act shall be made by the Controller except after holding an inquiry. 
 
 (2) For the purposes of holding an inquiry under this Act, the Controller and the Appellate 
Court shall have the same owners as are vested in a court under the Code of Civil Procedure, 1908  
(Act V of 1908), when trying a suit in respect of the following matters, namely:— 
 
(a)  summoning and enforcing attendance of any person and examining him on 
oath; 
 
(b)  compelling the discovery and production of any document and other' material 
evidence; and 
 
(c)  issuing a commission for the examination of witnesses. 
 
 (3) The proceedings of every inquiry shall be deemed to be judicial proceedings within the 
meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860). 
 
 (4) The Controller shall be deemed to be a court for the purposes of s ections 480 and 482 of 
the Code of Criminal Procedure, 1898 (Act V of 1898) .  
 
 28. Penalties.— Whoever contravenes or fails to comply with any provisions of this Act or 
the rules made there under shall be punishable with fine which may extend to five hundred rupees. 
 
1 Subs. by the cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), s. 9, for “or section 17”. 
 
Page 15 of 15 
 
 29. Cognizance of offence. —No Court shall take cogni zance of offence under this Act 
except on a complaint made by the Controller in writing within three months of the date of the 
commission of the offence. 
 
 30. Controller to be a public servant.— A Controller shall be deemed to be a public servant 
within the meaning of Section 21 of the Pakistan Penal Code. 
 
 31. Indemnity.— No suit or other legal proceedings shall lie against the Controller or any 
person acting under his orders, in respect of any thing which is  in good faith done or intended  to be 
done under this Act.  
 
 32. Power to make rules. — The 1[Federal Government] may, by notification in the official 
Gazette, make rules to carry out the purposes of this Act.  
 
 
 
 
__________ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Date: - 22.04.2024 
1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.