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  "title": "Islamabad Rent Restriction Ordinance, 2001",
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  "text": "Page 1 of 14 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE ISLAMABAD RENT RESTRICTION ORDINANCE, 2001 \r\n \r\n \r\n \r\n \r\n \r\n \r\n  \r\n \r\n              CONTENTS \r\n                ___________ \r\n                    \r\n                   PREAMBLE \r\n \r\nSECTIONS: \r\n \r\n1.  Short title, extent, application and commencement. \r\n \r\n2.  Definitions. \r\n \r\n3.  Power to exempt. \r\n \r\n4.  Ordinance to override other Laws. \r\n \r\n5.  Agreement between landlord and tenant. \r\n \r\n6.  Tenure of tenancy. \r\n \r\n7.  Appointment of Rent Controller. \r\n \r\n8.  Landlord and Tenant to Fix Initial Rent. \r\n \r\n9.  Increase of rent in certain cases. \r\n \r\n10.  Increase of rent of residential and non­residential buildings. \r\n \r\n11.  Landlord not to claim in excess of fair rent. \r\n \r\n12.  Fine or premium not to be charged for grant, renewal or continuance of tenancy. \r\n \r\n13.  Money which should not have been paid may be recovered. \r\n \r\n14.  Landlord not to interfere with amenities enjoyed by the tenant. \r\n \r\n15.  Failure by land-lord to make necessary repairs. \r\n \r\n16.  Reimbursement of expenses incurred on repairs under order of authority. \r\nUpdated till 18-4-2022 \r\n\r\n \r\nPage 2 of 14 \r\n \r\n16A. Mediation Council. \r\n \r\n17.  Eviction of tenant. \r\n \r\n18.  Eviction of tenants where the landlord is a salaried employee, widow or minor Orphan. \r\n \r\n19.  Tenant to be informed in case of transfer of ownership. \r\n \r\n20.  Decisions which have become final not to be reopened. \r\n \r\n21.  Appeal. \r\n \r\n22.  Transfer of case. \r\n \r\n23.  Execution of orders. \r\n \r\n24.  Procedure and power of Controller. \r\n \r\n25.  Service of summons and production of witnesses. \r\n \r\n26.  Compensation for frivolous applications and defence. \r\n \r\n27.  Landlord and tenant to furnish particulars. \r\n \r\n28.  Penalties. \r\n \r\n29.  Indemnity. \r\n \r\n30.  Power to delegate. \r\n \r\n31.  Power to make rules. \r\n \r\n32.  Repeal and savings. \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\nPage 3 of 14 \r\n \r\nTHE ISLAMABAD RENT RESTRICTION ORDINANCE, 2001 \r\n \r\nORDINANCE NO. IV OF 2001 \r\n \r\n[23rd January, 2001] \r\n \r\nAn Ordinance to regulate the relations between the landlords and tenants of rented premises \r\nin the Islamabad Capital Territory; \r\n \r\nWHEREAS it is expedient to regulate the relations between the landlords and tenants of rented \r\npremises in the Islamabad Capital Territory and to provide for matters ancillary thereto or connected \r\ntherewith; \r\n \r\nAND WHEREAS the National Assembly and the Senate stand suspended in pursuance of the \r\nProclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution \r\nOrder No. l of 1999; \r\n \r\nAND WHEREAS the President is satisfied that circumstances exist which render it necessary \r\nto take immediate action; \r\n \r\nNow, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of \r\nOctober, 1999, and the Provisional Constitution Order No. l of 1999, read with the Provisional \r\nConstitution (Amendment) Order, 1999 (Order No.9 of 1999), and in exercise of all powers enabling \r\nhim in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate \r\nthe following Ordinance: — \r\n \r\n1. Short title, extent, application and commencement.— (1) This Ordinance may be called \r\nthe Islamabad Rent Restriction Ordinance, 2001. \r\n \r\n(2) It shall extend to *such urban area of Islamabad Capital Territory and apply to such \r\nbuildings and rented lands as the Federal Government may, by notification in the official Gazette, \r\nspecify. \r\n \r\n(3) It shall come into force at once. \r\n \r\n2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context,- \r\n \r\n(a)  “Authority” means the Capital Development Authority established under the \r\nCapital Development Authority Ordinance, 1960(XXIII of 1960); \r\n \r\n(b)  “building” means any building or part thereof, together with all fittings and \r\nfixtures therein, if any, and includes any vacant land, garden, ground, godown \r\nand out‑house attached or appurtenant thereto, but does not include any place \r\nof religious worship; \r\n \r\n(c)  “commercial building” means a building constructed and used solely for the \r\npurpose of an office, business or trade; \r\n \r\n \r\n \r\n*For such areas Pl. see SRO 83(KE)/02, dated 19­07­02. \r\n \r\n \r\nPage 4 of 14 \r\n \r\n(d)  “Controller” means a Controller of Rents appointed by the Federal Government \r\nfrom amongst persons holding a judicial office and includes an Additional \r\nController of Rent under this Ordinance; \r\n \r\n(e)  “fair rent” means the rent of any building determined by the Controller under \r\nthis Ordinance. \r\n \r\n(f)  “family” means spouse, dependent children and dependent parents; \r\n \r\n(g)  “landlord” means the owner of the premises and includes any person for the \r\ntime being authorized or entitled to receive rent in respect of any building or \r\nrented land, whether on his own account or on behalf, or for the benefit, of any \r\nother person, or as a trustee, guardian or receiver, and or a tenant who, being \r\nauthorized under the terms of his lease so to do, sublets the building and every \r\nother person for the time being deriving title from the landlord; \r\n \r\n1[(ga)  “Mediation Council” means Mediation Council constituted under section 16A.] \r\n \r\n(h)  “rented land” means any land let separately for the purpose of being used \r\nprincipally for business or trade; \r\n \r\n(i)  “residential building” means any building used for the purpose of residence, but \r\ndoes not include an office, a boarding house, hostel, or motel; 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 or rented land by \r\nhim or by any other person on his behalf, and includes, — \r\n \r\n(i)  any person who continues to be in possession or occupation after the \r\ntermination of his tenancy; and \r\n \r\n(ii)  in the event of the death of the tenant, the members of his family who \r\ncontinue to be in possession or occupation of the building or rented land; \r\nand \r\n \r\n(k)  *“Urban area” means such area or areas of the Islamabad Capital Territory as \r\nthe Federal Government may, by notification in the official Gazette, specify. \r\n \r\n3. Power to exempt. The Federal Government may, by notification in the official Gazette, \r\ndirect that all or any of the provisions of this Ordinance shall not apply to such building or buildings \r\nas are, or may be, used as Government offices: \r\n \r\nProvided that such exemption shall not extend beyond the period of five years from the date of \r\ncompletion of construction of such building as certified by the Authority. \r\n \r\n4. Ordinance to override other Laws. The provisions of this Ordinance shall have effect \r\nnotwithstanding anything contained in any other law for the time being in force, or in any instrument \r\nor document. \r\n \r\n1[5. Agreement between landlord and tenant.⸺(1) A landlord shall not let out a premises to \r\na tenant except by a tenancy agreement in writing. \r\n \r\n*For declatation of Urban Areas please see S.R.O 83/(KE)/02, date 19­07­2002. \r\n1Ins. and Subs. by the Islamabad Rent Restriction (Amendment) Act, 2021 (XLVII of 2021), ss. 2-3. \r\n \r\n \r\n \r\nPage 5 of 14 \r\n \r\n(2) A landlord shall present the tenancy agreement before the Controller within thirty days of \r\nsigning the agreement. \r\n \r\n(3) The Controller shall enter the particulars of the tenancy in a register, affix his official seal \r\non the tenancy agreement, retain a copy thereof and return the original tenancy agreement to the \r\nlandlord. \r\n \r\n(4) The entry particulars of the tenancy shall not absolve the landlord or the tenant of their \r\nliability to register the tenancy agreement under the law relating to registration of documents. \r\n \r\n(5) A tenancy agreement entered in the office of a Controller or a certified copy thereof shall \r\nbe a proof of the relationship of landlord and tenant. \r\n \r\n(6) Any other agreement which may be executed between the landlord and the tenant in respect \r\nof the premises shall be presented before the Controller in the same manner as provided in sub-section \r\n(2).] \r\n \r\n6. Tenure of tenancy. Subject to the provisions of section 17, no tenancy shall be valid beyond \r\nsuch period as the landlord and tenant may, by mutual agreement, fix before or after the \r\ncommencement of the tenancy: \r\n \r\nProvided that a tenancy in force before the commencement of this Ordinance for which no \r\nperiod is fixed shall cease to be valid on the expiration of a period of two years from such \r\ncommencement: \r\n \r\nProvided further that a tenancy which comes into force after the commencement of this \r\nOrdinance and for which no period is fixed shall not be valid after expiration of period of six months \r\nfrom the date of the receipt by the tenant of a notice in writing given by the landlord terminating the \r\ntenancy. \r\n \r\n7. Appointment of Rent Controller.—(1) The Federal Government shall appoint one or more \r\nRent Controllers for an urban area of the Islamabad Capital Territory. \r\n \r\n(2) Where more than one Controller is appointed for urban area the Federal Government shall \r\ndeclare one of them to be the Senior Rent Controller. \r\n \r\n(3) An application under this Ordinance shall be filed before the Controller having jurisdiction \r\nover the area where the building or rented land, in respect of which the application is made, is situated: \r\n \r\nProvided that where there are more than one Controllers for an area, the application shall be \r\nmade before the Senior Rent Controller who may either deal with it himself or make it over for disposal \r\nto other Controller. \r\n \r\n1[8. Landlord and Tenant to Fix Initial Rent.⸺(1) The landlord and Tenant shall through \r\nmutual agreement, fix initial rent of building, residential or non-residential rented land. \r\n \r\n(2) All payments in connection with tenancy between landlord and tenant shall be made \r\nthrough crossed cheques or with proper receipt or acknowledgment.] \r\n \r\n \r\n1Subs. by the Islamabad Rent Restriction (Amendment) Act, 2021 (XLVII of 2021), s. 4. \r\n \r\n \r\n \r\nPage 6 of 14 \r\n \r\n9. Increase of rent in certain cases .(1) Where the rent of any building other than  \r\nnon‑residential building or rented land has been determined by an agreement between the landlord and \r\nthe tenant, no further increase in such rent shall, during the continuance of tenancy if it is less than \r\nthree years, be permissible during the subsistence of the agreement except in cases where some \r\naddition, alteration or improvement has been carried out at the landlord's expense and on the request \r\nof the tenant in accordance with the by‑laws of the Authority. \r\n \r\n(2) The fair rent, as increased on the ground of some addition alteration or improvement under \r\nsub-section (1) shall not exceed the fair rent payable under this Ordinance for a similar building or \r\nrented land in the same locality with such addition, alteration or improvement and it shall not be \r\nchargeable until such addition, alteration or improvement has been completed. \r\n \r\n(3) Any dispute between the landlord and tenant in regard to any increase claimed on ground \r\nof some addition, alteration or improvement shall be decided by the Controller. \r\n \r\n1[10. Increase of rent of residential and non-residential buildings. ⸺The rent of residential \r\nas well as non-residential building shall stand automatically increased at the end of every one year of \r\nits tenancy by ten percent of the rent already being paid by the tenant. \r\n \r\n(2) Nothing in sub-section (1) shall apply if a landlord and a tenant agree to increase or not to \r\nincrease rent by agreement in writing.] \r\n \r\n11. Landlord not to claim in excess of fair rent. The landlord shall not claim or receive any \r\npremium or other like sum in addition to fair rent or any rent in excess of such fair rent and any \r\nagreement for payment of any sum in addition to rent in excess of such fair rent shall be void. \r\n \r\n12. Fine or premium not to be charged for grant, renewal or continuance of tenancy. No \r\nlandlord shall, in consideration of the grant, renewal or continuance of a tenancy of any building or \r\nrented land require the payment of any fine, premium or any other like sum in addition to the rent. \r\n \r\n13. Money which should not have been paid may be recovered.(1) Where after the \r\ncommencement of this Ordinance any sum not payable by a tenant under this Ordinance has been paid \r\nby him, such sum may, without prejudice to any other mode of recovery, be deducted by the tenant \r\nfrom the rent payable by him to the landlord: \r\n \r\nProvided that no such deduction shall be made by the tenant unless it has been allowed by the \r\nController on an application made by the tenant within six months of the payment of such sum. \r\n \r\n(2) The Controller may, on an application made by the tenant within six months of his having \r\nmade payment of any such sum as is referred to in sub­section (1), by order, direct the landlord to \r\ndeposit the said sum within thirty days of the order for payment to the tenant. \r\n \r\n14. Landlord not to interfere with amenities enjoyed by the tenant. (1) No landlord shall, \r\nwithout just or sufficient cause, cut off or withhold any of the amenities such as electricity, gas or \r\nwater enjoyed by the tenant. \r\n \r\n(2) A tenant in occupation of a building or rented land may, if the landlord has cut off or \r\nwithheld any of amenities in contravention of the provisions of sub­section (1), make a complaint to \r\nthe Controller for restoration thereof. \r\n \r\n1Subs. by the Islamabad Rent Restriction (Amendment) Act, 2021 (XLVII of 2021), s. 5. \r\n \r\n \r\nPage 7 of 14 \r\n \r\n(3) If the Controller on enquiry 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 amenities, or authorise the tenant to secure the same for \r\nhimself and to incur such expenses thereon as the Controller may specify and any expenditure so \r\nincurred by the tenant shall be adjustable against the rent payable by the tenant in respect of that \r\nbuilding or rented land as the case may be. \r\n \r\n15. Failure by land-lord to make necessary repairs.(1) If a landlord fails to keep a building \r\nin a state of reasonable repair, or to make such repairs thereto, not being structural alteration as may, \r\nfrom time to time, be necessary, it shall be competent for the Controller to direct, on application by \r\nthe tenant, and after such inquiry as the Controller may think necessary that such repairs may be made \r\nby the tenant and the cost thereof may be deducted from the rent payable by him: \r\n \r\nProvided that nothing in this section shall enable the tenant to spend on repairs any amount in \r\na year exceeding the rent of the building for two months unless the Controller, after making necessary \r\ninquiry, is satisfied that such repairs are essential to render the building fit for occupation: \r\n \r\nProvided further that where, under the terms of the agreement of tenancy, a tenant is authorised \r\nto make repairs at the expense of the landlord, no application under this section shall be necessary: \r\n \r\nProvided also that the amount to be deducted from the rent payable on account of repairs in a \r\nyear shall not exceed the amount of two month’s rent. \r\n \r\nExplanation. — For the purpose of this section, a building shall be deemed to be in a state of \r\nreasonable 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 provided with \r\nproper hooks or bolts or other necessary fastenings; \r\n \r\n(iii)  all rooms, out‑houses and appurtenant buildings are properly colour‑washed or \r\nwhite‑washed; and \r\n \r\n(iv)  all electric, water, gas and sanitary fittings, if any are properly maintained and \r\nare safe, sound and without leakage. \r\n \r\n16. Reimbursement of expenses incurred on repairs under order of authority.(1) Where \r\nthe Authority, in the exercise of its powers, under any law for the time being in force, directs a landlord \r\nto make certain specified repairs to his building not exceeding the rent of the building for two months \r\nand the landlord fails to comply with the direction, the tenant may, on the direction of the Authority, \r\nmake such repairs. \r\n \r\n(2) Where a tenant makes any repairs in pursuance of a direction referred to in sub­section (1), \r\nhe shall, within three months of the completion of repair, submit to the Authority an account of the \r\ncosts incurred by him on such repairs and the Authority shall, after due verification, certify such costs \r\nwhereupon the tenant shall be entitled to deduct the amount of the certified costs from the rent payable \r\nby him. \r\n \r\n \r\n  \r\n \r\nPage 8 of 14 \r\n \r\n1[16A. Mediation Council.⸺(l) There shall be a Mediation Council consisting of⸺ \r\n \r\n(a)  President, Islamabad Chamber of Commerce or any other office holder of \r\nIslamabad Chamber of Commerce nominated by him     ………  Convener \r\n \r\n(b)  a representative of the tenant.           ………    Member \r\n \r\n(c)  a representative of the landlord.       ………    Member \r\n \r\n(2) Every dispute between landlord and tenant under this act including dispute relating to \r\ngoodwill shall be referred to Mediation Council. \r\n \r\n(3) On the first date of hearing after service of summons on the respondent, the Controller shall \r\nrefer the matter to the Convener for mediation and direct the parties to appear before the Convener \r\nwithin seven days. \r\n \r\n(4) On receipt of a reference from the Controller for mediation and on appearance of the parties, \r\nthe Controller shall require both the landlord as well as the tenant to nominate a representative within \r\nthree days who shall be duly authorized by him in writing and attested by Oath Commissioner to make \r\nstatement about the dispute and settlement of dispute on his behalf. \r\n \r\n(5) On receipt of nomination of representatives by the landlord and the tenant, the Convener \r\nshall convene the meeting of the Mediation Council not later than seven days and thereafter continue \r\nits proceedings on day to day basis and complete the same within thirty days. \r\n \r\n(6) In case settlement is not arrived at or any of the parties withdraws from the mediation \r\nproceedings, the Convener shall intimate the Controller in writing who shall proceed with case. \r\n \r\n(7) If a settlement is arrived at with the consent of representatives of tenant and landlord, the \r\nConvener shall make a settlement deed authenticated by him under his signatures and stamp of the \r\nICC, providing all necessary details and also signed by the members of the Mediation Council and \r\nprovide a copy of the settlement deed to each member without any cost. \r\n \r\n(8) The Convener shall file the settlement deed before the Controller within seven days who \r\nshall pass an order in terms of settlement deed arrived at by the parties and such order shall be final.] \r\n \r\n17. Eviction of tenant. (1) A tenant in possession of a building or rented land shall not be \r\nevicted therefrom except in accordance with provisions of this section. \r\n \r\n(2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that \r\nbehalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the \r\napplication, is satisfied that— \r\n \r\n(i)  the tenant has not paid or tendered rent due by him in respect of the building or \r\nrented land, within fifteen days after the expiry of the time fixed in the \r\nagreement of tenancy with his landlord, or in the absence of any such agreement \r\nwithin sixty days from the period for which the rent is payable; or \r\n \r\n(ii)  the tenant has without the written consent of the landlord— \r\n \r\n1Ins. by the Islamabad Rent Restriction (Amendment) Act, 2021 (XLVII of 2021), s. 6. \r\n \r\nPage 9 of 14 \r\n \r\n(a)  transferred his right under the lease or sublet the entire building or rented \r\nland or any portion thereof; or \r\n \r\n(b)  used the building or rented land for purpose other than that for which it \r\nwas leased or has infringed any conditions on which the building or \r\nrented land is held; \r\n \r\n(iii)  the tenant has committed such acts as are likely to impair materially the value \r\nor utility of the building or rented land; or \r\n \r\n(iv)  the tenant has indulged in activities as are causing nuisance to the neighbours; \r\nor \r\n \r\n(v)  the building or rented land is reasonably and in good faith required by the \r\nlandlord for the reconstruction or erection of a building or the landlord has \r\nobtained the necessary sanction for the said reconstruction or erection from the \r\nAuthority: \r\n \r\nProvided that the Controller may give the tenant a reasonable time for putting the landlord in \r\npossession of the building or rented land and may extend such time so as not to exceed three months \r\nin the aggregate. \r\n \r\nExplanation. —For the purpose of clause,— \r\n \r\n(i)  the rent remitted by money order or tendered to the landlord in such manner as \r\nmay be agreed upon by the landlord and the tenant or deposited in the office of \r\nthe Controller shall be deemed to have been duly tendered; and \r\n \r\n(ii)  where water charges, gas charges or electricity charges are payable by the tenant \r\nto the landlord such charges shall be deemed to be rent. \r\n \r\n(3) If, the Controller is not satisfied as provided in sub­section (2), he shall make an order \r\nrejecting the application. \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 residential building, if he requires it in good faith for his own \r\noccupation or of any member of his family and he or any member of his family, \r\nas the case may be, is not occupying any other residential building suitable for \r\nhis needs at the time in the urban area: \r\n \r\nProvided that he or the said member of his family has not vacated such \r\nbuilding in the Islamabad Capital Territory without sufficient cause after the \r\ncommencement of this Ordinance; and \r\n \r\n(b)  in the case of a commercial building or rented land, if he requires it in good faith \r\nfor his own use or for the use of any member of his family: \r\n \r\n  \r\n \r\nPage 10 of 14 \r\n \r\nProvided that where the tenancy is for a specified period agreed upon \r\nbetween the landlord and the tenant, the landlord shall not be entitled to apply \r\nunder this sub­section before the expiry of such period: \r\n \r\nProvided further that where the landlord has obtained possession of a \r\nresidential or commercial building or rented land under clause (a) or clause (b), \r\nhe shall not be entitled to apply again under the said clauses for the possession \r\nof any other building or rented land unless the building or rented land of which \r\nhe had previously taken possession has become unsuitable for his needs. \r\n \r\n(5) The Controller shall, if he is satisfied that the claim of the landlord under sub­section (4) is \r\nbona fide, make an order directing the tenant to put the landlord in possession of the building or rented \r\nland on such date as may be specified by the Controller and, if the Controller is not satisfied, he shall \r\nmake an order rejecting the application: \r\n \r\nProvided 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 aggregate. \r\n \r\n(6) Where the landlord who has obtained possession of a building in pursuance of an order \r\nmade under sub­section (5) does not himself, or where possession of the building or rented land has \r\nbeen obtained for any member of his family such member does not, occupy the building or rented land \r\nwithin one month of the date of obtaining its possession, or having obtained possession relets it within \r\nsix months of the said date to any person other than the tenant, the tenant may apply to the Controller \r\nfor an order directing that the possession of such building be restored to him and the Controller may \r\nmake an order accordingly. \r\n \r\n(7) Where a landlord has obtained possession of a building in pursuance of an order under \r\nclause (v) of sub­section (2) and does not have the building demolished within four months of the date \r\nof taking its possession, or does not reconstruct or erect the new building in accordance with \r\nAuthority's regulations, unless he satisfies the Controller that he was prevented from having the \r\nbuilding demolished or from reconstructing or erecting the building within the said period by reasons \r\nbeyond his control, be punished with imprisonment for a term which may extend to six months, or \r\nwith fine, or with both. \r\n \r\n(8) In proceedings under this section on the first date of hearing, or as soon thereafter as may \r\nbe but before the issues are framed, the Controller shall direct the tenant to deposit in his office before \r\na specified date all the rent due from him and also to deposit regularly till the final decision of the case \r\nbefore the fifteenth day of each month, the monthly rent which subsequently becomes due, and if there \r\nbe any dispute as to the amount of rent due, the Controller shall determine such amount approximately. \r\n \r\n(9) If the tenant fail to deposit the amount of rent before the specified date or, as the case may \r\nbe, before the fifteenth day of the month, his application if he is an applicant shall be dismissed or his \r\ndefence, if he is a respondent, shall be struck off, and the landlord shall be put in possession of the \r\nbuilding without any further proceedings. \r\n \r\n18. Eviction of tenants where the landlord is a salaried employee, widow or minor \r\nOrphan.—(1) Notwithstanding anything contained in this Ordinance or any other law for the time \r\nbeing in force,— \r\n \r\n(a)  in a case where the landlord has died; or \r\n  \r\n \r\nPage 11 of 14 \r\n \r\n(b)  in a case where the landlord is a salaried employee and has retired or is due to \r\nretire or has proceeded or is due to proceed on leave preparatory to retirement \r\nwithin a period of six months. \r\n \r\n a notice in writing 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 needs, \r\nthe building for personal use and requiring him to deliver vacant possession of the building within a \r\nperiod of two months from the date of receipt of the notice: \r\n \r\nProvided that no application under this section shall be maintainable if it is made after one year \r\nfrom the date of the death of the landlord or, in the case of the retirement of a salaried person, before \r\none year from or after one year of the date of his retirement: \r\n \r\nProvided further that in case where the landlord has died or salaried person has retired before \r\nthe commencement of this Ordinance an application may be made within a period of one year from \r\nthe date of such commencement. \r\n \r\nExplanation.— In computing the period of one year from the date of the death of the landlord, \r\nor from the date of retirement of a salaried person, the period of notice mentioned in sub­section (1) \r\nshall be excluded. \r\n \r\n(2) The right to seek ejectment under sub­section (1) shall also be available to a landlord of a \r\nresidential building who is the wife, husband or a minor child of a salaried employee referred to in \r\nsub­section (1). \r\n \r\n(3) In the case of landlord referred to in sub­section (1), or sub­section (2), who happens to be \r\na landlord of more than one residential building whether or not in the same locality, action as provided \r\nfor in this section shall be competent in respect of one of such residential building only. \r\n \r\n(4) A landlord referred to in clause (b) of sub­section (1), or in sub­section (2), who is in \r\noccupation of a residential building owned by him shall not be entitled to 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 terms and conditions and on payment of such rent as may be determined by the \r\nController: \r\n \r\nProvided that the benefit of exchange shall not be available to the tenant who refuses to accept \r\nthe offer or the terms and conditions and the rate for rent agreed by the landlord and tenant: \r\n \r\nProvided further that the tenancy in respect of the building given in exchange shall not extend \r\nbeyond the period of tenancy fixed for the original building. \r\n \r\n(5) A tenant who, on receipt of the notice referred to in sub­section (1), fails to deliver vacant \r\npossession of the building to the landlord, widow or minor orphan of the deceased landlord or to widow \r\nor minor child of the deceased landlord within the time allowed in the notice shall be liable to be \r\nejected summarily by the Controller on an application being made to him in this behalf. \r\n \r\n(6) On an application being made to him under sub­section (5), the Controller shall issue a \r\nnotice to the tenant and, on being satisfied with the bona fides of the request of the landlord or the \r\nwidow or minor orphan of a deceased landlord, as the case may be, order the summary ejectment of \r\nthe tenant. \r\n \r\nPage 12 of 14 \r\n \r\n(7) A landlord or a widow or orphan of a deceased landlord referred to in sub­section (1) or \r\nsub­ section (2), who, within one year of his having obtained possession of a building as provided for \r\nin sub­section (6), relets the building to any person other than the previous tenant shall be punishable \r\nwith fine which may extend to five thousand rupees: \r\n \r\nProvided 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(8) The notice referred to in sub­section (1) or sub­section (2) may, in the case of landlord who \r\nis a minor, be given by the guardian of such minor. \r\n \r\n19. Tenant to be informed in case of transfer of ownership. Where the ownership of a \r\nbuilding or rented land in the possession of a tenant has been transferred by way of sale, gift, \r\ninheritance or in any other mode or manner whatsoever, the new owner shall send an intimation of \r\nsuch transfer in writing by registered post to the tenant of such building or rented land and the tenant \r\nshall not be deemed to have defaulted in the payment of rent for the purposes of clause (i) of \r\nsub­section (2) of section 17 if the rent due is paid within thirty days from the date when the intimation \r\nshould, in the normal course, have reached the tenant. \r\n \r\n20. Decisions which have become final not to be reopened. The Controller shall summarily \r\nreject any application under sub­section (2) or sub­sections (4) of sections 17 which raises substantially \r\nthe same issue as has been finally decided in any former proceedings under this Ordinance unless new \r\ngrounds or circumstances have arisen after the final decision in such proceedings. \r\n \r\n21. Appeal.— (1) Any party aggrieved by a final order of the Controller made under this \r\nOrdinance may, within thirty days of the date of such order, prefer an appeal to the District Judge. \r\n \r\n 1[(2) An appeal may lie from an interlocutory order passed by the Controller.] \r\n \r\n(3) On such appeal being preferred, the District Judge may hear it himself or refer it for disposal \r\nto an Additional District Judge. \r\n \r\n(4) The District Judge may, suo motu or on an application of any party to proceedings, for \r\nreasons to be recorded in writing, recall an appeal made over by him to an Additional District Judge \r\nand either hear it himself or refer it for disposal to another Additional District Judge. \r\n \r\n(5) The appellate authority may, pending final disposal of appeal, suspend the operation of the \r\norder appealed against. \r\n \r\n(6) The appellate authority admitting an appeal for hearing shall have the same powers to direct \r\ntenant to deposit the rent as are vested in the Controller under this Ordinance and, if the tenant makes \r\ndefault in compliance with such an order, then if he is the appellant, his appeal shall be dismissed \r\nsummarily and if the respondent, his defence shall be struck off. \r\n \r\n(7) The appellate authority shall after perusing the record of the case and giving the parties an \r\nopportunity of being heard and, if necessary, after making such further inquiry, as it thinks fit, either \r\npersonally or through the Controller, make an appropriate order which shall be final. \r\n \r\n(8) The order of the Controller, subject to the result of appeal, shall be final. \r\n \r\n1Subs. by the Islamabad Rent Restriction (Amendment) Act, 2021 (XLVII of 2021), s. 7. \r\n \r\nPage 13 of 14 \r\n \r\n22. Transfer of case. On the application of any of the parties and after notice to the parties and \r\nafter hearing such of them as desire to be heard, or of its own motion, without such notice— \r\n \r\n(a)  the District Judge may at any stage withdraw any application pending with a \r\nController subordinate to him and transfer the same for disposal to any other \r\nController subordinate to him and competent to try or dispose of the same; and \r\n \r\n(b)  the High Court may at any stage withdraw any appeal pending with any District \r\nJudge and transfer the same for disposal to any other District Judge subordinate \r\nto it and competent to try or dispose of the same. \r\n \r\n23. Execution of orders. Every order made under section 14 1[, 16A], section 17, section 18 \r\nand every order passed in appeal under section 21, shall be executed by the Controller as if it were a \r\ndecree of a Civil Court. The provisions of Order XXI of the First Schedule to the Code of Civil \r\nProcedure, 1908(Act V of 1908) shall, so far as may be, apply to the execution of orders made under \r\nthis Ordinance. \r\n \r\n24. Procedure and power of Controller.— (1) Unless otherwise provided in this Ordinance, \r\nno order under sections 9, 14, 15, 17 or 18 shall be made by the Controller except after holding an \r\ninquiry and affording to the parties an opportunity of being heard. \r\n \r\n(2) For the purposes of holding an inquiry of execution of orders under this Ordinance, the \r\nController shall have the same powers as are vested in a Court under the Code of Civil Procedure, \r\n1908 (Act V of 1908), when trying a suit or executing a decree in respect of the following matter, \r\nnamely:— \r\n \r\n(a)  summoning and enforcing the 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 witness. \r\n \r\n25. Service of summons and production of witnesses.—(1) Service of summons once \r\neffected on a party shall be sufficient for the purposes of the entire proceedings before the Controller. \r\n \r\n(2) The production of witnesses shall be the responsibility of the parties and the Controller \r\nshall not summon a witness unless he is satisfied that the witness is a servant of the Federal \r\nGovernment, a Provincial Government, local authority or a corporate body and that he has to produce \r\nofficial record of such Government, local authority or corporate body as the same may be. \r\n \r\n(3) Except for sufficient reasons to be recorded in writing, the Controller shall finally dispose \r\nof an application under this Ordinance as expeditiously as possible but not later than four months of \r\nthe date of the first hearing after the service of summons on the respondent. \r\n \r\n(4) 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 1860(Act XLV of 1860). \r\n \r\n1Ins. by the Islamabad Rent Restriction (Amendment) Act, 2021 (XLVII of 2021), s. 8. \r\n \r\n \r\nPage 14 of 14 \r\n \r\n(5) The Controller shall be deemed to be a Civil Court for the purposes of sections 480 and 482 \r\nof the Code of Criminal Procedure, 1898(Act V of 1898). \r\n \r\n26. Compensation for frivolous applications and defence. If in the opinion of the Controller \r\nor, as the case may be, the appellate authority any party to the proceedings under this Ordinance is \r\nfound guilty of abuse of the process of law by filling frivolous, or vexatious application or by taking \r\npleas in defence which are false or intended to prolong the proceedings unnecessarily he or, as the case \r\nmay be, it shall, while passing the final order, award compensation to the other party which shall not \r\nbe less that five thousand rupees or ore than ten thousand rupees. \r\n \r\n27. Landlord and tenant to furnish particulars. Every landlord and every tenant of building \r\nor rented land shall furnish to the Controller, or any person authorised by him in that behalf, such \r\nparticulars in respect of such building or rented land as he may, by order, direct. \r\n \r\n28. Penalties.— (1) Whoever contravenes, or fails to comply with, any provisions of this \r\nOrdinance or the rules made thereunder shall, if no other penalty is provided in this Ordinance for such \r\ncontravention or failure, be punishable with fine which may extend to five thousand rupees. \r\n \r\n(2) No Court shall take cognizance of an offence under this section except upon— \r\n \r\n(a)  a complaint of facts which constitute such offence filed with the sanction of the \r\nController in writing; and \r\n \r\n(b)  a report in writing of such facts made by the Controller. \r\n \r\n29. Indemnity. No suit or other legal proceedings shall lie against the Federal Government or \r\nthe Controller or any authority or person in respect of any thing which is in good faith done or intended \r\nto be done under this Ordinance. \r\n \r\n30. Power to delegate. The Federal Government may delegate all or any of its powers under \r\nthis Ordinance to such of its officers as it may deem necessary. \r\n \r\n31. Power to make rules. The Federal Government may, by notification in the official Gazette, \r\nmake rules for the purpose of carrying out the purposes of this Ordinance. \r\n \r\n32. Repeal and savings.—(1) The West Pakistan Urban Rent Restriction Ordinance, \r\n1959(W.P. Ord.VI of 1959), to the extent of the Islamabad Capital Territory, is hereby repealed. \r\n \r\n(2) Nothing contained in this Ordinance shall be deemed to apply to suits or appeals falling \r\nwithin the jurisdiction of the Controller, or the applications relating thereto, which were pending before \r\nany court immediately before the commencement of this Ordinance and such suits, appeals or \r\napplications shall continue to be heard and disposed of in accordance with the law applicable to them \r\nbefore such commencement. \r\n \r\n \r\n \r\n \r\n___________",
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