{ "schema_version": "qanun-law-text/1", "id": "pk-code-a1cdb9b87a61365e", "title": "Cantonments Rent Restriction Act, 1963", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-cJmd-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "029fe8f26060492f7cb23f8b90d8fd83693120306a8e003c67900d5a5a748b54", "source_sha256": "029fe8f26060492f7cb23f8b90d8fd83693120306a8e003c67900d5a5a748b54", "text_version_id": "law:pk-code-a1cdb9b87a61365e:sha256:029fe8f26060492f7cb23f8b90d8fd83693120306a8e003c67900d5a5a748b54", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 15 \r\n \r\n \r\n \r\n \r\nTHE CANTONMENTS RENT RESTRICTION ACT, 1963 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Act not to apply to certain buildings \r\n4. Power of exemption \r\n5. Act to override other laws \r\n6. Appointment of controller \r\n6A. Applications to be filed with controller \r\n6B. Power of controller to transfer cases \r\n7. Determination of fair rent \r\n8. Increase of fair rent in certain cases \r\n9. Landlord not to claim anything in excess of fair rent \r\n10. Fine or premium not to be charged for grant, renewal or continuance of tenancy \r\n11. Moneys which should not have been paid may be recovered \r\n12. Tenant to pay taxes \r\n13. Landlord not to interfere with amenities enjoyed by the tenant \r\n14. Restriction of conversion of residential buildings into commercial buildings and vice versa \r\n15. Failure by landlord to make necessary repairs \r\n16. Reimbursement of expenses incurred on repairs under orders of a local authority \r\n\r\n \r\nPage 2 of 15 \r\n \r\n17. Eviction of tenant \r\n17A. Eviction of tenants where the landlord is a salaried employee, widow or minor orphan \r\n18. Registration of hotels, lodging­houses \r\n19. Fixation of fair rates \r\n20. Fair rates, etc., to be displayed \r\n21. Eviction of guests from hotels, etc. \r\n22. Eviction of government servants, etc. \r\n23. Decisions which have become final not to be re­opened \r\n24. Appeal \r\n25. Execution of orders \r\n26. Landlord and tenant to furnish particulars \r\n27. Procedure and powers of Controller \r\n28. Penalties \r\n29. Cognizance of offence \r\n30. Controller to be a public servant \r\n31. Indemnity \r\n32. Power to make rules \r\n \r\n \r\nPage 3 of 15 \r\n \r\nTHE CANTONMENTS RENT RESTRICTION ACT, 1963 \r\n \r\nAct No. XI OF 1963 \r\n [27th April, 1963] \r\n \r\nAn Act to make provisions for the control of rents of certain class of buildings within the limits of the \r\nCantonment areas and for the eviction of tenants therefrom. \r\n \r\n WHEREAS it is expedient to make provision for the control of rents of certain class of \r\nbuildings within the limits of the cantonment areas, for the eviction of tenants therefrom and for \r\nmatters connected therewith; \r\n \r\n It is hereby enacted as follows:— \r\n \r\n 1. Short title, extent and commencement. __ (1) This Act may be called t he Cantonments \r\nRent Restriction Act, 1963. \r\n \r\n (2) It extends to all the cantonments in Pakistan. \r\n \r\n (3) It shall come into force at once. \r\n \r\n 2. Definitions.— In this Act, unless there is anything repugnant in the subject or context:— \r\n \r\n1[(a) “Additional Controller” means a n Additional Controller of Rent appointed \r\nunder sub-section (2) of section 6;] \r\n \r\n2[(aa)] “building”' means any building or part of a bui lding, whether residential or \r\nnot, together with all fittings and fixtures therein, if any, and includes any \r\ngardens, grounds, garages and outhouses attached or appurtenant to such \r\nbuilding or part, and vacant land, but does not include any place of religi ous \r\nworship; \r\n \r\n(b) “Cantonment Board” means a Cantonment Board constituted under the \r\nCantonments Act, 1924 (II of 1924); \r\n \r\n(c) “commercial building” means a building used solely for the purposes of \r\nbusiness or trade; \r\n \r\n(d) “Controller” means a Controller of Rents appointed by the 3[Federal \r\nGovernment] under sub -section (1) of s ection 6 and includes an Additional \r\nController 4[* * * ]; \r\n \r\n \r\n \r\n \r\n1 Ins. by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), s.2. \r\n2Re-lettered ibid., \r\n3Subs. by F.A. O., 1975, Art. 2 and Table, for “Central Government”. \r\n4Certain words omitted by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), s.2. \r\n \r\n \r\nPage 4 of 15 \r\n \r\n (e) “family” of a person means and includes a husband, wife, children, dependent \r\nparents, depend ent brothers, unmarried or widowed sisters and a deceased \r\nson's widow and children residing with, and wholly dependent upon , that \r\nperson; \r\n \r\n(f) “a house” is said to be in a state of reasonable repair, when— \r\n \r\n(i) all floors, walls, pillars, arches and roofs are sound and watertight, \r\n \r\n(ii) all doors and windows are intact, properly painted or oiled, and \r\nprovided with proper hooks or bolts or other necessary fastenings, \r\n \r\n(iii) all rooms, outhouses and appurtenant buildings are properly colour -\r\nwashed or white-washed, and \r\n \r\n(iv) all electric, water and sanitary fittings, if any, are properly maintained \r\nand are safe, sound and without leakage; \r\n \r\n(g) “Landlord” means any person for the time being entitled to receive rent in \r\nrespect of any building whether on his own account or on behalf or for the \r\nbenefit of any other persons, or as a trustee, guardian or receiver and includes \r\na tenant who, being authorised under the terms of his lease so to do, sublets \r\nthe building and every other person for the time being d eriving title from the \r\nlandlord; \r\n \r\n(h) “prescribed” means prescribed by rules made under this Act; \r\n \r\n(i) “residential building” means any building used fo r the purposes of residence \r\nand includes a hostel, boardi ng-house and residential hotel; and \r\n \r\n(j) “tenant” means any person who undertakes or is bound to pay rent as \r\nconsideration for the possession or occupation of a building by him or by any \r\nother person on his behalf, and includes:— \r\n \r\n(i) any person who continues to be in possession or occupation of the \r\nbuilding after the termination of his tenancy; and \r\n \r\n(ii) in the event of the death of the tenant, his heirs and successor s and \r\nafter the termination of the tenancy, his heirs and successors who \r\ncontinue to be in possession or occupation of the building. \r\n \r\n 3. Act not to apply to certain buildings.— Nothing contained in this Act shall apply to— \r\n \r\n(a) any evacuee property as defined in the Pakistan (Administration of Evacuee \r\n Property) Act, 1957 (XII of 1957); and \r\n \r\n \r\n \r\n \r\n \r\nPage 5 of 15 \r\n \r\n(b) any property owned by the 1[Federal Gov ernment], any Provincial \r\n Government, Railway, Port Trust or Cantonment Board and any property \r\n owned, managed or controlled by any other local authority under the \r\n administrative control of the 1[Federal Government] or of any Provincial \r\n Government. \r\n \r\n 4. Power of exemption. —The 1[Federal Government] may, by notification in the official \r\nGazette, direct that all or any of the provisions of this Act shall not apply to any cantonment or to \r\nany particular building or class of buildings or to buildings in any specific area. \r\n \r\n 5. Act to override other laws. —The provisions of this Act and any rule or order made \r\nthereunder shall have effect notwithstanding anything inconsistent therewith contained in any other \r\nlaw for the time being in force, or in any instrument or document. \r\n \r\n 6. Appointment of Controller. __ (1) The 1[Federal Government] may, for purposes of this \r\nAct, by notification in the official Gazette, appoint a person to be the Controller of Rents for one or \r\nmore cantonments. \r\n \r\n (2) The 1[Federal Government] m ay also, by notification in the official Gazette, appoint a \r\nperson to be the Additional Controller of Rents for one or more cantonments. \r\n \r\n 2[6A. Applications to be filed with Controller. — Every application under this Act shall be \r\nfiled with the Controller who shall either hear it himself or assign it to an Additional Controller for \r\nhearing and disposal. \r\n \r\n 6B. Power of Controller to transfer cases.—The Controller may, either on an application or \r\non his own motion, at any stage,— \r\n \r\n(a) transfer any case pendi ng before him to the Additional Controller for hearing \r\nand disposal; or \r\n \r\n(b) withdraw any case pending in the court of an Additional Controller; and \r\n \r\n(i) hear and dispose of the same himself, or \r\n \r\n(ii) transfer it to another Additional Controller for hearing and disposal, or \r\n \r\n (iii) retransfer the same for hearing or disposal to the Additional Controller \r\n from whom it was withdrawn. \r\n \r\n Explanation. The power to transfer cases shall not be exercisable by the Additional \r\nController.”. \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n2Ins. by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), s.3. \r\n \r\nPage 6 of 15 \r\n \r\n 1[7. Determination of fair rent.__(l) The Controller shall, on an application by the tenant or \r\nlandlord of building, fix fair rent for such building after holding such enquiry as he may think fit. \r\n \r\n (2) The fair rent shall be fixed after taking into consideration the following factors, \r\nnamely:— \r\n \r\n(a) the rent of the same building or similar accommodation in similar \r\ncircumstances prevailing in the locality at the time of, and during the period of \r\ntwelve months prior to the date of, the making of the application; \r\n \r\n(b) the rise, if any, in the cost of construction and of the repair and maintenance \r\ncharges as well as changes in the existing taxes after the commencement of the \r\ntenancy; and \r\n \r\n(c) the rental value of the building as entered in the latest assessment list of the \r\nCantonment Board as proposed under s ection 72 of the Cantonments Act, \r\n1924 (II of 1924). \r\n \r\n (3) The fair rent fixed under this section shall be payable by the tenant from the date to be \r\nfixed by the Controller which shall not be earlier than the date of filing of the application. \r\n \r\n (4) If the fair rent fixed under sub-section (2) exceeds the rent being paid b y the tenant on the \r\ndate of the filing of the application under this section, the maximum increase of rent payable by the \r\ntenant shall not be more than twenty-five percent of the rent already being paid by him. \r\n \r\n (5) When the fair rent of a building has been fixed under this section, or where the rent of any \r\nbuilding has been determined by an agreement between the landlord and the tenant, no further \r\nincrease in such fair rent shall, during the continuance of tenancy be permissible within a period of \r\nthree y ears from the date fixed by the Controller under sub -section (3) or from the date of the \r\nagreement, as the case may be, except in case s where some addition, improvement or alteration has \r\nbeen carried out at the landlord’s expense and at the request of the tenant. \r\n \r\n (6) The fair rent as increased on grounds of some addition, improvement or alteration made \r\npermissible under this section shall not exceed the fair rent payable under this Ordinance for a \r\nsimilar building in the same locality with such addition, improvement or alteration and it shall not be \r\nchargeable until such addition, improvement or alteration has been completed. \r\n \r\n (7) Any dispute between the landlord and tenant in regard to any increase claimed on grounds \r\nof some addition, improvement or alt eration made permissible under this section shall be decided by \r\nthe Controller.] \r\n \r\n 8. Increase of fair rent in certain cases. __ (l) Where the fair rent of the buil ding has once \r\nbeen fixed under s ection 7, it shall not be increased with or without the cons ent of the tenant unless \r\nsome addition, improvement or alteration otherwise than by way of ordinary or usual repair has been \r\nmade in the building at the landlord’s expense and, if the building be in the occupa tion of a tenant, at \r\nthe tenant’s request in wr iting, or unless a new tax has been imposed or an existing tax has been \r\nincreased. \r\n \r\n (2) Every dispute between a landlord and his tenant relating to the increase of rent under sub -\r\nsection (1) shall be decided by the Controller: \r\n \r\n1Subs. by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), s.4 for section7. \r\n \r\nPage 7 of 15 \r\n \r\n Provided that the Controller shall in no case allow any increase beyond seven and a half per \r\ncentum of the cost of the addition, improvement or alteration made in the building or, bey ond the \r\namount of the additional tax payable by the landlord, as the case may be. \r\n \r\n 9. Landlord not to claim anything in excess of fair rent. — Save as provided in Section 8, \r\nwhere the fair rent of a building has been fixed under section 7 the landlord shall not claim or receive \r\nany premium or other like sum in addition to fair rent, or any rent in excess of such fair rent and any \r\nagreement or contract stipulating payment of any such pr emium, sum or excess rent shall to the \r\nextent of such stipulation be void: \r\n \r\n Provided that nothing in this section shall affect any stipulation for or payment of advance \r\nrent for not exceeding three months. \r\n \r\n 10. Fine or premium not to be charged for grant, renewal or continuance of tenancy. — \r\nNo landlord shall, in considerat ion of the grant, renewal or continuance of any tenancy of any \r\nbuilding, require the payment of any fine, premium or any other like sum in addition to the rent. \r\n \r\n 11. Moneys which should not have been paid may be recovered. —Where, after the \r\ncommencement of this Act, any sum not payable by a tenant under this Act has been paid by him, it \r\nmay at any time within four months of the date of such payment be recovered by the tenant and may, \r\nwithout prejudice to any other mode of recovery be deducted by the tenant from the rent payable by \r\nhim to the landlord. \r\n \r\n 12. Tenant to pay taxes. —Notwithstanding anything contained in any other law for the time \r\nbeing in force or in any agreement, the tenant shall be bound to pay the taxes due in respect of the \r\nbuilding to the C antonment Board, as requi red by s ection 65 of the Cantonments Act, 1924 (II of \r\n1924), by making deductions from the rent payable by him. \r\n \r\n 13. Landlord not to interfere with amenities enjoyed by the tenant. __ (l) No landlord \r\nshall, without just or sufficient cause cut off or withhold any of the amenities enjoyed by the tenant. \r\n \r\n (2) A tenant in occupation of a building may, if the landlord has contravened the provisions \r\nof this section, make an application to the Controller complaining of such contravention . \r\n \r\n (3) If the Controller, on inquiry finds that the tenant has been in enjoyment of the amenities \r\nand that they were cut off or withheld by the landlord without just or sufficient cause, he shall make \r\nan order directing the landlord to restore such amenit ies, or authorising the tenant to provide the \r\nsame and to incur such expense thereon as the Controller may specify, and any sum so spent by the \r\ntenant shall be adjustable against the rent payable by the tenant in respect of that building. \r\n \r\n 14. Restriction of conversion of residential building s into commercial buildings and vice \r\nversa.—No person shall convert a residential building into a commercial building or vice ve rsa, \r\nexcept with the permission in writing of the Controller. \r\n \r\n 15. Failure by landlord t o make necessary repairs. — If a landlord fails to keep a building \r\nin a state of reasonable repairs, or to make such repairs thereto, not being structural alterations, as \r\nmay from time to time be necessary, it shall be competent for the Controller to direct , an application \r\nby the tenant, and after such inquiry as the Controller may think necessary that such repairs may be \r\nmade by the tenant, and the cost thereof deducted from the rent payable by him: \r\n \r\n \r\nPage 8 of 15 \r\n \r\n Provided that nothing in this section shall enable the t enant to spend on repairs any amount \r\nexceeding three month ’s rent unless the Controller after making necessary inquiry is satisfied that \r\nsuch repairs are essential to render the building fit for occupation: \r\n \r\n Provided further that where under the terms of the agreement of tenancy, a tenant is \r\nauthorised to make repairs at the expense of the landlord no application under this section shall be \r\nnecessary. \r\n \r\n 16. Reimbursement of expenses incurred on repairs under order s of a local authority.—\r\n(l) Where a local a uthority, in exercise of its functions under any law directs a landlord to make \r\ncertain specified repairs to his building and the landlord fails to comply therewith, the tenant may at \r\nthe direction of the local authority make such repairs. \r\n \r\n (2) Where a te nant make any repairs in pursuance of a direction given under sub -section (1) \r\nhe shall within three months of the completion of repairs submit to the local authority an account of \r\nthe cost incurred by him , on such repairs and the local authority shall, aft er due verification, certify \r\nsuch costs, whereupon the tenant shall become entitled to dedu ct the amount of certified cost from \r\nthe rent payable by him. \r\n \r\n 17. Eviction of tenant. __ (l) After the commencement of this Act, no tenant, whether before \r\nor after the termination of his tenancy, shall be evicted from the building in his possession or \r\noccupation in execution of a decree passed after such commencement, except in accordance with the \r\nprovisions of this section. \r\n \r\n (2) A landlord who seeks to evict his te nant shall apply to the Controller for an order in that \r\nbehalf, and the Controller may after giving the tenant a reasonable opportunity of showing cause \r\nagainst the application, make on order directing the tenant to put the landlord in possession, if he is \r\nsatisfied that:— \r\n \r\n(i) the tenant has not paid or tendered the rent to the landlord within fifteen days \r\nof the expiry of the time fixed in the agreement of tenancy for payment of rent, \r\nor in the absence of such agreement, within sixty days following the period for \r\nwhich the rent is due; or \r\n \r\n(ii) the tenant has, without the written consent of the landlord,__ \r\n \r\n(a) transferred his right under lease or sublet the building or any portion \r\nthereof, or \r\n \r\n \r\n(b) used the building for a purpose other than that for which it was leased; \r\nor \r\n \r\n(iii) the tenant has committed such acts as are likely to materially impair the value, \r\nlook or utility of the building; or \r\n \r\n(iv) the acts and conduct of the tenant have been a nuisance to the occupiers of \r\nbuildings in the neighbourhood; or \r\n \r\n \r\nPage 9 of 15 \r\n \r\n(v) where the building is situated in a place other than a hill station, the tenant has \r\nceased to occupy the building for a continuous period of four months without \r\nreasonable cause; or \r\n \r\n(vi) the landlord intends to demolish the building for construct ing a new building \r\non the same site and has already obtained the necessary sanction for such \r\nconstruction from the Cantonment Board: \r\n \r\n Provided that the Controller may give the tenant a reasonable time for putting the landlord in \r\npossession of the building and may extend such time so as not to exceed three months in the \r\naggregate. \r\n \r\n Explanation.__ For the purpose of clause (i) the rent remitted by money order to the landlord \r\nor in case the landlord refuses to accept the rent deposited in the office of the C ontroller having \r\njurisdiction in the area where the building is situate, shall be deemed to have been duly tendered. \r\n \r\n (3) If the Controller is not satisfied as aforesaid he may make an order rejecting the \r\napplication. \r\n \r\n (4) A landlord may apply to the Controller for an order directing the tenant to put the landlord \r\nin possession,__ \r\n \r\n(a) in the case of a residential building, if:— \r\n \r\n(i) he requires it in good faith for his own occupation or for the \r\noccupation of any member of his family; and \r\n \r\n(ii) he or t he member of his family, as the case may be, is not occupying \r\nany other residential building suitable for his needs at the time, in the \r\nCantonment area concerned or in any local area in the vicinity thereof; \r\nand \r\n \r\n(iii) he or the said member has not vacate d such a building in the said area \r\nor vicinity without sufficient cause after the commencement of this \r\nAct; and \r\n \r\n(b) in the case of a commercial building, if:— \r\n \r\n(i) he requires it in good faith for his own use; and \r\n \r\n(ii) he is not occupying in the C antonment area concerned or in any local \r\narea in the vicinity thereof in which such building is situate for the \r\npurposes of his business any other such building suitable for his needs \r\nat the time; and \r\n \r\n(iii) he has not vacated such a building in the said area or vicinity without \r\nsufficient cause after commencement of this Act: \r\n \r\n \r\nPage 10 of 15 \r\n \r\n Provided that where the tenancy is for a specified period agreed upon between the landlord \r\nand the tenant, the landlord shall not be entitled to apply under this sub -section before the expiry of \r\nsuch period: \r\n \r\n Provided further that when the landlord has obtained possession of a residential or a \r\ncommercial building under the provisions of sub -clause (a) or sub -clause (b) he shall not be entitled \r\nto apply again for the possession of any other building under that sub -clause, unless the building of \r\nwhich he had previously taken possession has become unsuitable for his needs: \r\n \r\n Provided also that this sub -section shall not apply to serais, hotels, dak -bungalows, lodging-\r\nhouses, boarding-houses, residential clubs, restaurants, eating -houses, cafes, refreshment rooms and \r\nplaces of public recreation or resort or premises dealing in sales or production of materials of books \r\nof educational and cultural values except where the landlord requires any such building to carry on \r\nany such business of his own, in which case he may make an application under this sub -section after \r\nhaving served two years’ notice on the tenant; but no building which is not, on the commencement of \r\nthis Act being used for any o f the aforesaid purposes, or has not after such commencement been left \r\nout expressly for any such purpose; shall be converted to any such purpose except with the consent \r\nin writing of the landlord. \r\n \r\n (5) The Controller shall, if he is satisfied that the cl aim of the landlord under sub -section (4) \r\nis bona fide make an order directing the tenant to put the landlord in possession of the building on \r\nsuch date as may be specified by the Controller and if the Controller is not satisfied, he shall make an \r\norder rejecting the application: \r\n \r\n Provided that the Controller may give the tenant a reasonable time for putting the landlord in \r\npossession of the building and may extend such time so as not to exceed three months in aggregate. \r\n \r\n (6) Where the landlord who has ob tained possession of a build ing in pursuance of an order \r\nmade under sub -section (5) does not himself or where possession of the building has been obtained \r\nfor any member of his family, such member does not occupy the building within one month of the \r\ndate of obtaining its possession, the tenant who had been evicted may apply to the Controller for an \r\norder directing that the possession of such building be restored to him and the Controller may \r\nthereon make an order accordingly. \r\n \r\n (7) Where a landlord has obta ined possession of a building in pursuance of an order under \r\nclause (vi) of sub -section (2) and does not have the building demolished within four months of the \r\ndate of taking its possession, or does not construct the new building within a period of two yea rs \r\nfollowing the expiry of the said period of four months, he shall, unless he satisfies the Controller that \r\nhe was prevented from having the building demolished or constructing the building within the said \r\ntime by reasons beyond his control, be punished w ith imprisonment for a term which may extend to \r\nsix months or with fine or with both. \r\n \r\n (8) On the first hearing of proceeding under this section or as soon thereafter as may be put \r\nbefore the issues are framed, the Controller shall direct the tenant to de posit in his office before a \r\nspecified date all the rent due from him, and also to deposit regularly till the final decision of the \r\ncase, before the 5th day of each month, the monthly rent which subsequently becomes due, and if \r\nthere be any dispute as to t he amount of rent due, the Controller shall determine such amount \r\napproximately. \r\n \r\n \r\nPage 11 of 15 \r\n \r\n (9) If the tenant fails to deposit the amount of rent before the specified date or, as the case \r\nmay be, before the 5th day of the month, his application, if he is a petition er, shall be dismissed, or \r\nhis defence, if he is a respondent, shall be struck off, and the landlord shall be put in possession of \r\nthe building without any further proceedings. \r\n \r\n (10) Where the Controller is satisfied that any application made by a landlor d for the eviction \r\nof a tenant is frivolous or vexatious, the Controller may direct that compensation not exceeding one \r\nhundred rupees be paid by such landlord to the tenant. \r\n \r\n (11) Notwithstanding anything contained in this Act or elsewhere, the 1[Federal Government] \r\nor the Provincial Government, a Railway, a Port Trust, a Cantonment Board or any other local \r\nauthority may also apply to the Controller to seek eviction of the tenant from its building whether \r\nowned, hired or requisitioned, in the event of non -payment o f rent within the period herein before \r\nprescribed or for infringement of any of the terms of possession or occupation. \r\n \r\n 2[17A. Eviction of tenants where the landlord is a salaried employee, widow or minor \r\norphan.__ (l) Notwithstanding anything c ontained in this Act or any oth er law for time being in \r\nforce,— \r\n \r\n(a) in a case where the landlord has died; or \r\n \r\n(b) in a case where the landlord is a salaried employee and has retired or is due to \r\nretire within a period of six months, \r\n \r\na notice in writi ng may be given by such landlord or the widow or minor child of the deceased \r\nlandlord, as the case may be, to the tenant of a residential building informing him that he or she \r\nneeds the building for personal use and requiring him to deliver vacant possessi on of the building \r\nwithin a period of two months from the date of receipt of the notice: \r\n \r\n Provided that no application under this section shall be maintainable if it is made after six \r\nmonths from the date of the death of the landlord or, in the case of th e retirement of a salaried \r\nperson, before six months from, or after six months of, the date of his retirement: \r\n \r\n Provided further that, in a case where the landlord has died or salaried person has retired \r\nbefore the commencement of this Ordinance, an appli cation may be made within a period of six \r\nmonths from the date of such commencement. \r\n \r\n (2) The right to seek ejectment under sub -section (1) shall also be available to a landlord of a \r\nresidential building who is the wife, husband or a minor child of a sala ried employee referred to in \r\nsub-section (1). \r\n \r\n (3) In the case of a landlord referred to in sub -section (1) or sub -section (2) who happens to \r\nbe a landlord of more than one residential building, whether or not in the same locality, action as \r\nprovided for in this section shall be competent in respect of one of such residential buildings only. \r\n \r\n (4) A landlord referred to in clause (b) of sub -section (1) or in sub -section (2) who is in \r\noccupation of a residential building owned by him shall not be entitled t o seek ejectment of a tenant \r\nfrom a residential building situated in the locality in which the building in occupation of the landlord \r\nis situated unless he offers the building in his occupation in exchange of the building in possession of \r\nthe tenant on suc h terms and conditions and on payment of such rent as may be determined by the \r\nController: \r\n \r\n \r\n1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n2 Ins. by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985) s.5. \r\n \r\nPage 12 of 15 \r\n \r\n Provided that the benefit of exchange shall not be available to the tenant who refuses to \r\naccept the offer or the terms and conditions and the rate of rent determined by the Controller. \r\n \r\n (5) A tenant who on receipt of the notice referred to in sub -section (1) fails to deliver vacant \r\npossession of the building to the landlord or to the widow or minor child of the deceased landlord \r\nwithin the time allowed in the notice shall be liable to be ejected summarily by the Controller on an \r\napplication being made to him in this behalf. \r\n \r\n (6) On an application made to him under sub-section (5), the Controller shall issue a notice to \r\nthe tenant and, on being satisfied with the bona fides of the request of the landlord or the widow or \r\nminor child of the deceased landlord, shall order the summary ejectment of the tenant. \r\n \r\n (7) A landlord or a widow or child of a deceased landlord referred to in sub -section (1) or \r\nsub-section (2) who, within one year of his or her having obtained possession of a building as \r\nprovided for in sub -section (6), relets the building to any person other than the previous tenant shall \r\nbe punishable with fine which may extend to five thousand rupees: \r\n \r\n Provided that, if the amount of the annual rent for which the building is so relet exceeds five \r\nthousand rupees, the amount of fine shall be equal to the amount of annual rent.] \r\n \r\n 18. Registration of hotels, lodging -houses.—(1) Within a period of two months from the \r\ncommencement of this Act or from the opening of any hotel or lodging -house, whichever is later, the \r\nowner of every hotel and lodging -house shall apply to the Controller for registration of his hotel or \r\nlodging-house and for determination of fair rates in relation thereto: \r\n \r\n Provided the 1[Federal Government] may, by a special or general order, by notification in the \r\nofficial Gazette, exempt any hotel or lodging -house or class of hotels or lodging -houses from the \r\nprovisions of this section. \r\n \r\n (2) Any owner of a hotel or lodging -house who fails to get his hotel or lodging -house \r\nregistered in compliance with sub-section (1) shall be punishable with fine which may extend to five \r\nhundred rupees. \r\n \r\n 19. Fixation of fair rates. __ (l) The Controller may fix fair rates to be charged for board, \r\nlodging and other services provided in a hotel or boarding-house, at such amount as, having regard to \r\nall the circumstances, he deems just. \r\n \r\n (2) A fair rate may be fixed separately for daily and monthly guests. \r\n \r\n Explanation.__ A guest who agrees to reserve accommodation for a period of one month or \r\nmore shall be deemed to be a monthly guest and where the reservation is not for any specified \r\nperiod, or is for a period of less than one month, the guest shall be deemed to be a daily guest. \r\n \r\n (3) The Controller may from time to time revise the fair rates determined by him u nder this \r\nsection: \r\n \r\n Provided that in case of reservation under an agreement or otherwise for a specified period no \r\nrevision of fair rates shall be applicable. \r\n \r\n (4) The Controller may also fix the minimum number of guests to be accommodated in each \r\nroom or other unit of accommodation in a hotel or lodging-house: \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table for “Central Government”. \r\n \r\nPage 13 of 15 \r\n \r\n Provided that where accommodation in a hotel or lodging house is in the occupation of the \r\nArmed Forces of Pakistan, the appropr iate authority of the Armed Forces shall be given an \r\nopportunity to state facts and its views with regard to the determination of fair rates before such rates \r\nare fixed: \r\n \r\n Provided further that the Controller shall be empowered to fix fair rates for hotels , boarding-\r\nhouses, lodging -houses and dak bungalows under the control of the Armed Forces or meant \r\nexclusively for the use of the Personnel of the Armed Forces. \r\n \r\n 20. Fair rates, etc ., to be displayed. —The fair rates fixed by the Controller and the \r\nmaximum number of guests who may be accommodated in each room or unit of accommodation in a \r\nhotel or lodging house shall be displayed in a conspicuous manner in the office and in the public -\r\nrooms, if any, of such hotel or lodging-house. \r\n \r\n 21. Eviction of guests from hotels, etc .—(l) Except as hereinafter provided, no guest shall \r\nbe evicted from a hotel or lodging -house or refused board or other services so longs as he pays or is \r\nready and willing to pay the fair rates. \r\n \r\n (2) If the Controller is satisfied that:— \r\n \r\n(a) a guest in a hotel or lodging -house has been guilty of conduct which is a \r\nnuisance or sou rce of annoyance to other guest or persons living in the \r\nneighbourhood; or \r\n \r\n(b) the accommodation he occupies is required by the owner or manager of the \r\nhotel or lodging-house; \r\n \r\nthe Controller may, if he considers that the requirement is genuine and reasonable, make an order \r\nauthorising the owner or manager, as the case may be, to recover possession of the accommodation \r\nor part thereof occupied by such guest: \r\n \r\n Provided that no such order shall be made unless the guest has been given a reasonable \r\nopportunity to show cause why such order should not be made: \r\n \r\n Provided further that where there is an agreement for the stay of the guest for a specified \r\nperiod, he shall not be evicted before the expiry of that period. \r\n \r\n 22. Eviction of Government servants, etc. — Notwithstanding anything contained in any \r\nother provision of this Act no order of eviction shall be made under this Act against any person in the \r\nservice of t he 1[Federal Government], a Provincial Government, a Railway, a Port Trust, a \r\nCantonment Board or any other local authority or of any corporation, company or authority \r\nrendering an essential service to the community, if his eviction would be detrimental to the public \r\ninterest, provided eviction is not sought on the grounds referred to in clauses (i) to (iv) of sub-section \r\n(2) of section 17 2[or under section 17A] or clause (a) of sub-section (2) of section 21 of this Act. \r\n \r\n 23. Decisions which have become f inal not to be re -opened.— The Controller shall \r\nsummarily reject any application under sub -section (2) or under sub -section (4) of Section 17, 2[or \r\nunder Section 17 -A] which raises substantially the same issues as have been finally decided in a \r\nformer proceeding under this Act. \r\n \r\n 3 [24. Appeal.__ (1) Any party aggrieved by an order, not being an interim order, made by the \r\nController may, within thirty days of such order, prefer an appeal to the High Court. \r\n \r\n1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n2 Ins. by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), ss. 6 and 7. \r\n3 Subs. ibid., s. 8., for section 24. \r\n \r\nPage 14 of 15 \r\n \r\n (2) The High Court may, pending the final disposal of the appeal, make an order staying \r\nfurther proceedings or action on the order of the Controller: \r\n \r\n Provided that no such order shall be made if the appeal has been preferred from an order \r\nmade under sub-section (6) of Section 17-A. \r\n \r\n (3) The High Court shall, after perusing the record of the case and givi ng the parties an \r\nopportunity of being heard and, if necessary , after making such further enquiry either by itself or by \r\nthe Controller as it may deem fit, make an appropriate order which shall be final. \r\n \r\n (4) No order of the Controller except by an appeal under this section, and no order of the \r\nAppellate Court made under this Act shall be called in question in any Court by any suit, appeal or \r\nother legal proceedings.] \r\n \r\n 25. Execution of orders. __ (l) Every order made under s ection 13 1[, section 17 or section \r\n17A] and ever y order passed on appeal under s ection 24 shall be executed by a c ivil Court having \r\njurisdiction in the area as if it were a decree of that Court. \r\n \r\n (2) The provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 \r\n(Act V of 1908), shall, so far as may be, apply to the execution of orders made or deemed to have \r\nbeen made under this Act. \r\n \r\n 26. Landlord and tenant to furnish particulars. — Every landlord and every tenant of a \r\nbuilding shall be bound to furnish to the C ontroller, or any person authorised by him in that behalf, \r\nsuch particulars in respect of such building as may be prescribed. \r\n \r\n 27. Procedure and power s of Controller.— No order under s ection 7, 8,13,15,17 or 19 of \r\nthis Act shall be made by the Controller except after holding an inquiry. \r\n \r\n (2) For the purposes of holding an inquiry under this Act, the Controller and the Appellate \r\nCourt shall have the same owners as are vested in a court under the Code of Civil Procedure, 1908 \r\n(Act V of 1908), when trying a suit in respect of the following matters, namely:— \r\n \r\n(a) summoning and enforcing attendance of any person and examining him on \r\noath; \r\n \r\n(b) compelling the discovery and production of any document and other' material \r\nevidence; and \r\n \r\n(c) issuing a commission for the examination of witnesses. \r\n \r\n (3) The proceedings of every inquiry shall be deemed to be judicial proceedings within the \r\nmeaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860). \r\n \r\n (4) The Controller shall be deemed to be a court for the purposes of s ections 480 and 482 of \r\nthe Code of Criminal Procedure, 1898 (Act V of 1898) . \r\n \r\n 28. Penalties.— Whoever contravenes or fails to comply with any provisions of this Act or \r\nthe rules made there under shall be punishable with fine which may extend to five hundred rupees. \r\n \r\n1 Subs. by the cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), s. 9, for “or section 17”. \r\n \r\nPage 15 of 15 \r\n \r\n 29. Cognizance of offence. —No Court shall take cogni zance of offence under this Act \r\nexcept on a complaint made by the Controller in writing within three months of the date of the \r\ncommission of the offence. \r\n \r\n 30. Controller to be a public servant.— A Controller shall be deemed to be a public servant \r\nwithin the meaning of Section 21 of the Pakistan Penal Code. \r\n \r\n 31. Indemnity.— No suit or other legal proceedings shall lie against the Controller or any \r\nperson acting under his orders, in respect of any thing which is in good faith done or intended to be \r\ndone under this Act. \r\n \r\n 32. Power to make rules. — The 1[Federal Government] may, by notification in the official \r\nGazette, make rules to carry out the purposes of this Act. \r\n \r\n \r\n \r\n \r\n__________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDate: - 22.04.2024 \r\n1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-a1cdb9b87a61365e:sha256:029fe8f26060492f7cb23f8b90d8fd83693120306a8e003c67900d5a5a748b54:chars-0-1792:172963aa7f0645d354ae56e266af5313e36753fba86bb24819bd14a3d2b33475", "character_start": 0, "character_end": 1792, "utf8_byte_start": 0, "utf8_byte_end": 1794, "passage_sha256": "172963aa7f0645d354ae56e266af5313e36753fba86bb24819bd14a3d2b33475", "reader_fragment": "p-0-1792-172963aa7f0645d3" }, { "passage_id": 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