[1]THE [2][PUNJAB ]
URBAN RENT RESTRICTION ORDINANCE, 1959
(W.P. Ordinance VI of 1959)
[23 February 1959 ]
An Ordinance to restrict the
increase of rent of certain premises within the limits of urban areas and the
eviction of tenants therefrom in the Province of [3][the Punjab ]
Preamble.— WHEREAS it is expedient
in the public interest to restrict the increase of rent of certain premises
within the limits of urban areas and the eviction of tenants therefrom in the
Province of [4][the Punjab];
Now, THEREFORE, in pursuance of the Presidential Proclamation of the 7th
day of October, 1958, and having received the previous instructions of the
President, the Governor of West Pakistan is pleased, in exercise of all powers
enabling him in that behalf, to make and promulgate the following Ordinance:-
1.
Short title, extent, exception and commencement.— (1) This Ordinance may
be called [5][the Punjab ] Urban Rent
Restriction Ordinance, 1959.
(2) It extends to all the urban
areas in [6][the Punjab ], except [7][* * *]
[8][the Tribal Areas.]
(3) Nothing contained in this
Ordinance shall be deemed to affect any evacuee property as defined in the Pakistan
(4) Sub-section (5) of section 13
and section 19 shall come into force at once and the remaining provisions of
this Ordinance shall be deemed to have taken effect on and from the date of
expiry[10] of the West Pakistan Urban Rent Restriction Act, 1957[11].
2.
Definitions.— In this Ordinance unless there is anything repugnant in
the subject or context—
(a) “building” means any building
or part of a building let for any purpose, whether being actually used for that
purpose or not, including any land, godowns, out-houses, together with
furniture let therewith but does not include a room in a “Sarai”, hotel, hostel
or boarding house;
(b) “Controller” means a judicial
officer who is appointed by the Provincial Government to perform the functions
of a Controller under this Ordinance;
(c) “landlord” means any person
for the time being entitled to receive rent in respect of any building or
rented land whether on his own account or on behalf or for the benefit of any
other person, or as a trustee, guardian, receiver, executor or administrator
for any other person, and includes a tenant who sublets any building or rented
land in the manner hereinafter authorised and every person from time to time
deriving title under a landlord;
(d) “non-residential building”
means a building being used solely for the purpose of business or trade;
(e) “prescribed” means prescribed
by rules made under this Ordinance;
(f) “rented land” means any land
let separately for the purpose of being used principally for business or trade;
(g) “residential building” means
any building which is not a non-residential building;
(h) “scheduled building” means a
residential building which is being used by a person engaged in one or more of
the professions specified in the Schedule to this Ordinance, partly for his
business and partly for his residence;
(i) “tenant” means any person by
whom or on whose account rent is payable for a building or rented land and
includes (a) a tenant continuing in possession after the termination of the
tenancy in his favour and (b) the wife and children of a deceased tenant, but
does not include a person placed in occupation of a building or rented land by
its tenant, unless with the consent in writing of the landlord, or a person to
whom the collection of rent or fees in a public market, cart-stand, or
slaughter-house or of rents for shops has been framed out or leased by
municipal, town or notified area committee, or by the Corporation of the City
of Lahore, or by the Lahore Improvement Trust or any other Improvement Trust;
and
(j) “urban area” means any area
administered by a municipal corporation, a municipality, municipal committee, a
town committee or a notified area committee.
3.
Exemptions.— Government [12][or an officer authorised by it in this
behalf] may direct by a notification published in the Gazette that all or any
of the provisions of this Ordinance shall not apply to any particular building
or rented land or any class of buildings or rented lands.
[13][4. Determination of fair rent.— (1) The
Controller shall, on an application by the tenant or landlord of a building
[14][other than a non-residential building] or rented land, fix fair rent for
such building [15][other than a non-residential building] or rented land, after
holding such enquiry as the Controller thinks fit.
(2) The fair rent shall be fixed
after taking into consideration the following factors:-
(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 making application;
(b)
the rise in the cost of construction of and of the repairing charges as
well as the imposition of new taxes after the commencement of the tenancy; and
(c)
the rental value of the building or rented land entered in the Property
Tax Assessment Register of the Taxation Department or the local body relating
to the period mentioned in clause (a), if any.
(3) The fair rent fixed under this section shall
be payable by the tenant from a date to be fixed by the Controller not earlier
than the date of filing the application.
(4) If the fair rent fixed under
sub-section (2) exceeds the rent being paid by 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 25% of the rent already being paid
by him.]
[16][5. Case in which further increase in fair rent
admissible.— (1) When the fair rent of a building [17][other than a
non-residential building] or rented land has been fixed under section 4, or
where the rent of any building [18][other than a non-residential building] or
rented land 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 years from the date fixed by
the Controller under sub-section (3) of section 4, or from the date of the
agreement, as the case may be, except in cases where some addition, improvement
or alteration has been carried out at the landlord’s expense, and at the
request of the tenant.
(2) 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 or rented land 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.
(3) Any dispute between the
landlord and tenant in regard to any increase claimed on grounds of some
addition, improvement or alteration made permissible under this section shall
be decided by the Controller.]
[19][5-A Increase of rent of non-residential
buildings.— (1) The rent of a non-residential building shall stand
automatically increased at the end of every three years of its tenancy by
twenty-five per cent of the rent already being paid by the tenant.
(2) The first increase under
sub-section (1) shall accrue—
(i) on the first day of July, 1989 in the case of
a tenancy existing for three years or more preceding that date; and
(ii) on the completion of three years of tenancy,
in the case of a tenancy which has not been existing for three years on the
first day of July, 1989.
(3) Where, during the period of
three years, in cases mentioned in sub-section (2)—
(i) the rent has already been increased by an
amount less than twenty-five per cent of the total rent, the amount of such
increase shall be deducted from the increase under sub-section (1); and
(ii) if the rent has already been increased by an
amount equal to or more than twenty-five per cent of the total rent, no
increase under sub-section (1) shall accrue until the expiry of three years
from the date of such increase.
(4) The arrears becoming due as a
result of the increase of rent under this section shall, unless paid earlier,
be deemed to be rent due under clause (1) of sub-section (2) of section 13, on
the expiry of sixty days from the date of coming into force of the Punjab Urban
Rent Restriction (Amendment) Ordinance, 1990 (XIII of 1990).
(5) All proceedings arising from
the provisions of sections 4 and 5, in respect of a non-residential building,
and pending before the Controller or the Appellate Authority or any Court shall
abate.
(6) The provisions of sub-sections
(1) to (5) shall not apply if a landlord and a tenant agree to increase the
rent by an agreement in writing executed before the Controller.]
6.
Landlord not to claim anything in excess of fair rent.— (1) Save as
provided in section 5, when the Controller has fixed the fair rent of a
building or rented land under section 4—
(a)
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; but the
landlord may stipulate for and receive in advance an amount not exceeding one
month’s rent;
(b)
any agreement for the payment of any sum in addition to rent or of rent
in excess of such fair rent shall be null and void [20][;]
[21][(c) any sum in excess of the
fair rent paid in respect of any use or occupation of the building or rented
land from the date of application for the fixation of fair rent shall be
refunded to the person by whom it was paid or at the option of such person,
otherwise adjusted.]
(2) Nothing in this section shall apply to the
recovery of any rent which became due before the 1st of January, 1950 .
7.
Fine or premium not to be charged for grant, renewal or continuance of
tenancy.— (1) No landlord shall, in consideration of the grant, renewal or
continuance of a tenancy of any building or rented land, require the payment of
any fine, premium or any other like sum in addition to the rent.
(2) Nothing in this section shall
apply to any payment under any subsisting agreement entered into before the 1st
day of January, 1950.
8.
Rent which should not have been paid may be recovered.— (1) Where any
sum has, before the date of publication of this Ordinance been paid by the
tenant, which sum is by reason of the provisions of this Ordinance
irrecoverable, such sum may, without prejudice to any other method of recovery,
be deducted by the tenant by whom it was paid, or by his legal representative,
from any rent payable by him to such landlord or to his legal representative:
Provided that the tenant before making such deduction obtains the
approval of the Controller by an application made to him within six months of
the said date.
Explanation— In computing the said period of six months the time spent
after the date of the payment, in the proceedings for determination of fair
rent shall be excluded.
(2) In this section the
expression “legal representative” has the same meaning as in the Code of Civil
Procedure, 1908[22], and includes, in the case of joint family property, the
joint family of which the deceased person was a member.
9.
Increase of rent on account of payment of rate, etc., for local
authority but rent not to be increased on account of payment of other taxes,
etc.— (1) Notwithstanding anything contained in any other provision of this
Ordinance, a landlord shall, subject to the approval of the Controller, be
entitled to increase the rent of a building or rented land if after the
commencement of this Ordinance a fresh rate, cess or tax is levied in respect
of the building or rented land by [23][Government or] any local authority, or
if there is an increase in the amount of such a rate, cess or tax being levied
at the commencement of this Ordinance:
Provided that the increase in rent shall not exceed one half of the
amount of any such rate, cess or tax or the amount of the increase in such
rate, cess or tax, as the case may be.
(2) Notwithstanding anything
contained in any other law for the time being in force or any agreement, no
landlord shall recover from his tenant the amount of any tax or any portion
thereof in respect of any building or rented land occupied by such tenant by
any increase in the amount of the rent payable, or otherwise, save as provided
in sub-section (1).
10. Landlord not to interfere with amenities
enjoyed by the tenant.— [24][(1) No landlord or his contractor, workman, or
servant shall, without the previous consent of the Controller or save for the
purpose of effecting repairs or complying with a requisition from a Municipal
Committee or Cantonment or Town Improvement Board, wilfully disturb any
convenience or easement annexed to the premises or remove, destroy or render
unserviceable anything provided for permanent use therewith or discontinue or
cause to be discontinued any supply or service comprised in the fair rent.
(2) A tenant in occupation of a
building or rented land 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 amenities.
11. Conversion of a residential building into a
non-residential building.— No person shall convert a residential building into
a non-residential building, except with the permission in writing of the
Controller.
12. Failure by landlord to make necessary
repairs.— If a landlord fails to make the necessary repairs other than
structural alterations, to a building, it shall be competent for the Controller
to direct, on application by the tenant and after such inquiry as the
Controller may think necessary, that such repairs may be made by the tenant,
and that the cost thereof may be deducted from the rent which is payable by
him.
[25][12-A. Re-imbursement of expenses incurred on
repairs under the orders of a local authority.— (1) Where a local authority, in
exercise of its functions under any law for the time being in force, directs
the owner of a building to make such repairs to the building as may be
specified and on failure of the owner to comply with such direction, the tenant
is directed to make the said repairs, the tenant may comply with the direction.
(2) The account of the expenses
incurred by the tenant under sub-section (1) shall be submitted to the local
authority concerned, which shall, after due verification, certify the cost of
repairs and the tenant may thereon deduct the amount so certified from the rent
payable by him.]
13. Eviction of tenant.— (1) A tenant in
possession of a building or rented land shall not be evicted therefrom in
execution of a decree passed before or after the commencement of this
Ordinance, or otherwise, and whether before or after the termination of the
tenancy, except in accordance with the provisions of this section.
(2) A landlord who seeks to evict
his tenant shall apply to the Controller for a direction in that behalf. If the
Controller, after giving the tenant a reasonable opportunity of showing cause
against the application, is satisfied that—
(i) the tenant has not paid or tendered rent due
by him in respect of the building or rented land, within fifteen days after the
expiry of the time fixed in the agreement of tenancy with his landlord, or in
the absence of any such agreement, [26][within sixty days from the period] for
which the rent is payable; or
(ii) the tenant has, without the written consent
of the landlord,—
(a) transferred his right under the lease or
sublet the entire building or rented land or any portion thereof; or
(b) used the building or rented land for a
purpose other than that for which it was leased [27][or has infringed any
condition of the tenure on which the building or rented land is held by the
landlord]; or
(iii) the tenant has committed such acts as are
likely to impair materially the value or utility of the building or rented
land; or
(iv)
the tenant has been guilty of such acts and conduct as are a nuisance to
the occupants of buildings in the neighbourhood; or
(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
[28][(vi) the building or rented land is reasonably and
in good faith required by the landlord for the re-construction or erection of a
building on the site, and the landlord has obtained the necessary sanction for
the said reconstruction or erection from the Town Improvement Trust, Municipal
Corporation, Municipal Committee or Town Committee for the area where such
building or rented land is situated:]
Provided that the Controller may give the tenant a reasonable time for
putting the landlord in possession of the building or rented land and may
extend such time so as not to exceed four months in the aggregate.
[29][Explanation— For the purpose of clause (i)—
(i)
where the water charges or electricity charges or both are payable by
the tenant to the landlord such charges shall be deemed to be rent;
(ii)
rent remitted by money-order to the landlord or deposited in the office
of the controller having jurisdiction in the area where the building or rented
land is situated shall be deemed to have been duly tendered.]
[30][Provided further that where the application made by the landlord is
on the ground mentioned in clause (i) involving default thereunder in respect
of rent of one month only and the tenant on the first date of hearing admits
his liability to pay the rent due from him the Controller shall, if he is
satisfied that the tenant has not made any default under clause (i) on any
previous occasion, direct the tenant to deposit all the rent due from him on or
before a date not exceeding fifteen days to be fixed for the purpose, and upon
such deposit being made he shall make an order rejecting the application. If
such deposit is not made he shall make an order that the landlord be put into
possession of the property without taking any further proceedings in the case.]
(3) (a) A landlord may apply to the Controller for an
order directing the tenant to put the landlord in possession—
(i) in the case of a residential building, if—
(a) he requires it, in good faith, for his own
occupation or for the occupation of any of his children;
(b) he is not occupying another residential
building, suitable for his needs at the time, in the same urban area in which
such building is situated; and
(c) he has not vacated such a building without
sufficient cause after the commencement of this Ordinance in the said urban
area;
(ii) in the case of a non-residential building or
a scheduled building or rented land, if—
(a)
he requires it in good faith for his own use or for the use of any of
his [31][*] children;
(b) he or his said child is not occupying in the
same urban area in which such building is situated for the purpose of his business
any other such building or rented land, as the case may be, suitable for his
needs at the time; and
(c) he has not vacated such a building or rented
land without sufficient cause after the commencement of this Ordinance, in the
said urban area:
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 where the landlord had obtained possession of a
residential, scheduled or non-residential building or rented land under the
provisions of sub-paragraph (i) or sub-paragraph (ii) he shall not be entitled
to apply again under the said sub-paragraphs for the possession of any other
building of the same class or rented land unless such residential, scheduled or
non-residential building or land is no longer suitable for his needs at the
time.
(b) The Controller shall, if he
is satisfied that the claim of the landlord is bona fide, make an order
directing the tenant to put the landlord in possession of the building or
rented land on such date as may be specified by the Controller and if the
Controller is not so 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 or rented land and may
extend such time so as not to exceed four months in the aggregate:
[32][Provided further that if the application is in respect of a
residential building, the Controller shall direct the tenant within four weeks
of the application to put the landlord in possession of the building if, after
a summary enquiry, he is satisfied that the tenant, his wife or any of his
dependent children owns a residential building within the same urban area or
owned such a building within sixty days preceding the commencement of the West
Pakistan Urban Rent Restriction (Amendment) Act, 1963[33].]
(4) Where a landlord who has
obtained possession of a building or rented land in pursuance of an order made
under sub-paragraph (i) or sub-paragraph (ii) of paragraph (a) of sub-section
(3), does not himself or where the building has been got vacated for the
occupation of any of his children, such child does not occupy it within one
month of the date of obtaining possession, [34][or having been so occupied is
relet within two months of the said date to any person other than the original
tenant] the tenant who has been evicted may apply to the Controller for an
order directing that he shall be restored to possession of such building or
rented land and the Controller shall make an order accordingly.
(5) Where a landlord has obtained
possession of a building in pursuance of an order under clause (vi) of
sub-section (2) of this section and does not have the building demolished
within a period of four months from the date of taking possession of the same
or does not construct the new building within a further period of two years
after the expiry of the period of four months from the date of taking
possession of the same, he shall, unless he satisfies the Court that he was
unable to construct the building within the prescribed time for reasons beyond
his control, be punished with imprisonment for a term which may extend to six
months or with fine or with both.
[35][(5-A) Where a landlord has
been convicted under the provisions of sub-section (5), the tenant, who has
been evicted from the building or rented land in respect of which the landlord
is convicted, may apply to the Controller for an order directing that he shall
be restored to possession of such building or rented land, and except in the
case of a building which has been demolished, the Controller shall make an
order accordingly.
(5-B) Where, in pursuance of an
order under clause (vi) of sub-section (2), a landlord has obtained possession
of a building (in this sub-section referred to as the old building), and
constructs a new building on the same site, the tenant who was evicted from the
old building may, before the completion of the new building and its occupation
by another person, apply to the Controller for an order directing that he be
put in possession of such area in the new building as does not exceed the area
of the old building of which he was in occupation, and the Controller shall
make an order accordingly in respect of the area applied for or such smaller
area, as considering the location and type of the new building and the needs of
the tenant, he deems just, and on payment of rent to be determined by him on
the basis of rent of similar accommodation in the locality.]
(6) In proceedings under this
section on the first date of hearing or as soon as possible after that date and
before issues are framed, the Controller shall direct the tenant to deposit all
the rent due from him and also to deposit regularly till the final decision of
the case, before the [36][fifteenth] day of each month, rent due from him. If
there is any dispute about the amount of rent due or the rate of rent, the
Controller shall determine such amount approximately and direct that the same
be deposited by the tenant before a date to be fixed for the purpose. If the
tenant makes default in the compliance of such an order, then if he is the
petitioner, his application shall be dismissed summarily and if he is the
respondent, his defence shall be struck off and the landlord put into
possession of the property without taking any further proceedings in the case.
[37][The Controller shall finally determine the amount of rent due from
the tenant and direct that the same be paid to the landlord, subject to
adjustment of the approximate amount deposited by the tenant.]
(7) Where the Controller is
satisfied that any application made by a landlord for the eviction of a tenant
is frivolous or vexatious, the Controller may direct that compensation not
exceeding ten times the monthly rent be paid by such landlord to the tenant.
(8) The rent deposited by the
tenant under this section shall, subject to the final determination of rent as
payable by the tenant, be paid to the landlord at the conclusion of the
proceedings or on such earlier date as may be specified by the Controller.
[38][13-A Tenant to be informed in case of transfer of
ownership.— Where the ownership of a building in the possession of a tenant or
rented land has been transferred by way of sale, gift, inheritance or in any
other manner, whatsoever, from one person to another, the new owner shall send
an intimation of such transfer in writing by registered post to the tenant of
such building or rented land, and the tenant shall not be deemed to have
defaulted in the payment of rent for the purposes of clause (i) of sub-section
(2) of section 13, if the rent due is paid within thirty days from the date
when the intimation should in the normal course have reached him.]
[39][13-B. Eviction of tenants where the landlord is a
salaried employee, widow or minor orphan.— (1) Notwithstanding anything
contained in this Ordinance or any other law for the 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 writing may be given by
such landlord or the widow or minor 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 possession 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 the 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 a
salaried person has retired before the commencement of this Ordinance[40] an
application 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 salaried 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 to 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
such terms and conditions and on payment of such rent as may be determined by
the Controller:
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 orphan 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 being made
to him under sub-section (5) the Controller shall issue a notice to the tenant
and on being satisfied with the bona fide of the request of the landlord or the
widow or minor orphan of a deceased landlord, shall order the summary ejectment
of the tenant.
(7) A landlord or a widow or orphan of a deceased
landlord referred to in sub-section (1) or sub-section (2) who, within one year
of his 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 Rs.5,000 unless the benefit derived by
the landlord is greater than the amount of fine in which case it shall be equal
to the annual rent obtained by him by reletting the building.]
14. Decisions which have become final not to be
re-opened.— The Controller shall summarily reject any application under
sub-section (2) or under sub-section (3) of section 13 which raises
substantially the same issues as have been finally decided in a former
proceeding under this Ordinance.
[41][15. Appeal.— (1) Any party aggrieved by an order
of the Controller finally disposing of an application made under this Ordinance
may, within thirty days of the date of such order, prefer an appeal in writing
to the District Judge having jurisdiction over the area where the building or
rented land in relation to which the order is passed, is situated:
Provided that no appeal shall lie against an order made by a Controller
under sub-section (6) of section 13 determining approximately the amount of
rent due or the rate of rent and directing the tenant to deposit all the rent
due:
Provided further that no appeal shall lie from an interlocutory order
passed by the Controller.
(2) On such appeal being
preferred, the District Judge may hear it himself or refer it for disposal to
an Additional District Judge having jurisdiction over the area where the
building or rented land in relation to which the order is passed, is situated.
(3) The District Judge may recall
an appeal made over by him to an Additional District Judge and either hear it
himself or refer it for disposal to another Additional District Judge having
jurisdiction as provided in sub-section (2).
(4) On such appeal being
preferred, the appellate authority may stay the operation of the order appealed
against.
(5) The appellate authority
admitting an appeal for hearing shall have the same powers to direct the tenant
to deposit the rent as are vested in the Controller under this Ordinance and,
if the tenant makes default in compliance with such an order, then, if he is
the appellant, his appeal shall be dismissed summarily and, if he is the
respondent, his defence shall be struck off.
[42][(6) In the case of a “non-residential building”, a person aggrieved
by an order passed on appeal by the appellate authority may, within 30 days
from the date of the said order, prefer an appeal in writing to the High Court.
Explanation:— An appeal under
this sub-section shall be heard and determined as an appeal from an appellate
order under section 100 of the Code of Civil Procedure, 1908 and the provisions
of Part VI of the First Schedule to the said Code relating to appeals shall,
with such modifications as the context may require, apply to such proceedings.
(7) Unless it dismisses the
appeal in limine, the appellate authority or the High Court, as the case may
be, shall decide the appeal after sending for the record of the case from the
Controller and after giving the parties an opportunity of being heard and if
necessary, after making such further inquiry as it thinks fit.
(8) An order passed by the
Controller, the appellate authority or the High Court under the provisions of
this Ordinance, shall not be called in question in any Court of law by a suit
or otherwise, except as provided under this Act.]
[43][15-A. On the application of any
of the parties and after notice to the parties and after hearing such of them
as desire to be heard, or of its own motion without such notice—
(a) the appellate authority may at any stage
withdraw any application pending with a Controller subordinate to it and
transfer the same for disposal to any other Controller subordinate to it and
competent to try or dispose of the same;
(b) the High Court may at any stage withdraw any
appeal pending with any appellate authority and transfer the same for disposal
to any other appellate authority subordinate to it and competent to dispose of
the same.]
16. Power to summon and enforce attendance of
witnesses, etc.— (1) For the purposes of this Ordinance an appellate authority
or a Controller appointed under this Ordinance shall have the same powers of
summoning and enforcing the attendance of witnesses and compelling the
production of evidence as are vested in a Court under the Code of Civil
Procedure, 1908[44].
(2) The Controller shall for the
purpose of section 480 of the Code of Criminal Procedure, 1898[45], be deemed
to be a Court.
[46][17. Execution of orders.— Every order made under
section 10, section 13, section 13-B and every order passed in appeal under
section 15, shall be executed by the Controller as if it were a decree of a Civil Court .]
18. Landlord and tenant to furnish
particulars.— Every landlord and every tenant of a building or rented land
shall be bound to furnish to the Controller, or any person authorised by him in
that behalf such particulars in respect of such building or rented land as may
be prescribed.
19. Penalties.— (1) If any person contravenes
any of the provisions of sub-section (1) of section 10, section 11 or section
18, he shall be punished with fine which may extend to one thousand rupees.
(a)
a complaint of facts which constitute such offence filed with the
sanction of the Controller in writing; or
(b)
a report in writing of such facts made by the Controller.
20. Power to make rules.— Government may, by
notification, make rules for the purpose of carrying out all or any of the
provisions of this Ordinance.
21. Repeal.— (1) [47][** * * * * * * * *]
(2) Notwithstanding [48][* * *]
the expiry of the West Pakistan Urban Rent Restriction Act, 1957[49],—
[50][(a) any order made by a Controller or Rent Controller or any Court
or revisional authority in any proceeding under the West Pakistan Urban Rent
Restriction Act, 1957, shall be deemed to have effect as an order under this
Ordinance];
(b) all proceedings which
immediately before the commencement of this Ordinance were pending with any
Controller or appellate authority under the West Pakistan Urban Rent Restriction
Act, 1957[51], shall stand transferred to and be continued before the
Controller or the appellate authority, as the case may be, appointed under this
Ordinance, as if the same were instituted under the provisions of this
Ordinance and any order made in any such proceedings as aforesaid, shall for all
purposes have effect as an order made under this Ordinance.
22. Revival of certain proceedings.— (1)
Notwithstanding anything to the contrary contained in any other law for the
time being in force if, as a result of the expiry of the West Pakistan Urban
Rent Restriction Act, 1957[52] (hereinafter called the said Act), an
application or an appeal or revision filed under the provisions of the said
Act, has, after the date of such expiry and before the date of publication of
this Ordinance in the official Gazette, been dismissed otherwise than on
merits, consigned to the record room or stayed, whether such dismissal,
consignment or stay was with or without the consent of the parties, it shall be
restored on an application made in this behalf within sixty days of the said
date by any party to the proceedings. On such restoration the proceedings shall
start from the stage at which they were at the time of the aforesaid dismissal,
consignment or stay.
(2) If in an application or
appeal decided under the provisions of the said Act before the date of its
expiry, the period of limitation for filing an appeal or an application for
revision was subsisting on the aforesaid date, any party aggrieved by the
decision may, within sixty days of the date of publication of this Ordinance
prefer an appeal in accordance with the provisions of section 15 as if the
decision was made under this Ordinance by the Controller or the appellate
authority, as the case may be.
SCHEDULE
1.
Lawyer.
2.
Architect.
3.
Dentist.
4.
Engineer.
5.
Veterinary Surgeon.
6.
Medical practitioner including practitioner of indigenous system of
medicine.
--------------------------------------------------------------------------------
[1]This Ordinance was promulgated by
the Governor of West Pakistan on 1st Jan., 1959; published in the West Pakistan
Gazette (Extraordinary), dated 23rd Feb., 1959, pages 129-141; saved and given
permanent effect by Article 225 of the Constitution of the Islamic Republic of
Pakistan (1962).
[2]Substituted by the Punjab Laws
(Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West
Pakistan ”.
[3]Ibid.
[4]Ibid.
[5]Ibid.
[6]Ibid.
[7]The words “the Federal Capital
and” omitted by the Urban Rent Restriction (Second Amendment) Ordinance, 1962 (XXXVIII
of 1962).
[8]Substituted, for the words “the
Special Areas”, by the West Pakistan Laws (Adaptation) Order, 1964.
[9]Act XII of 1957.
[10]The West Pakistan Urban Rent
Restriction Act, 1957, expired on the 25th January, 1958 .
[11]W.P. Act IX of 1957.
[12]Inserted by the West Pakistan Urban Rent Restriction (Amendment)
Ordinance, 1970 (VI of 1970).
[13]Substituted by the Punjab Urban Rent Restriction (Amendment) Ordinance, 1979
(IX of 1979).
[14]Added by the Punjab
Urban Rent Restriction (Amendment) Act, 1991 (III of 1991).
[15]Ibid.
[16]Substituted by the Punjab Urban Rent Restriction (Amendment) Ordinance, 1979
(IX of 1979).
[17]Added by the Punjab
Urban Rent Restriction (Amendment) Act, 1991 (III of 1991).
[18]Ibid.
[19]Added by the Punjab
Urban Rent Restriction (Amendment) Act, 1991 (III of 1991).
[20]Substituted, for the full-stop
by the West Pakistan Urban Rent Restriction (Amendment) Ordinance, 1965 (XXI of
1965).
[21]Inserted ibid.
[22]Act V of 1908.
[23]Inserted by the West Pakistan Urban Rent Restriction (Amendment)
Ordinance, 1960 (XXX of 1960).
[24]Substituted by the West Pakistan Urban Rent Restriction (Amendment)
Ordinance, 1965 (XXI of 1965).
[25]Inserted by the West Pakistan Urban Rent Restriction (Amendment)
Ordinance, 1960 (XXX of 1960).
[26]Substituted, for the words “by
the last day of the month next following that”, by the West Pakistan Urban Rent
Restriction (Amendment) Ordinance, 1960 (XXX of 1960).
[27]Inserted by the West Pakistan Urban Rent Restriction (Amendment)
Ordinance, 1965 (XXI of 1965).
[28]Substituted by the West Pakistan Urban Rent Restriction (Amendment)
Ordinance, 1965 (XXI of 1965).
[29]Substituted by the West Pakistan Urban Rent Restriction (Amendment)
Ordinance, 1960 (XXX of 1960).
[30]Added by the Punjab
Urban Rent Restriction (Amendment) Ordinance, 1984 (XXII of 1984).
[31]Omitted by the Punjab
Urban Rent Restriction (Amendment) Ordinance, 1984 (XXII of 1984).
[32]Added by the West
Pakistan Urban Rent Restriction (Amendment) Act, 1963 (V of 1963).
[33]W.P. Act V of 1963.
[34]Inserted by the West Pakistan Urban Rent Restriction (Amendment)
Ordinance, 1965 (XXI of 1965).
[35]Inserted by the West Pakistan Urban Rent Restriction (Amendment)
Ordinance, 1965 (XXI of 1965).
[36]Substituted ibid., for the word
5th
[37]Added by the West
Pakistan Urban Rent Restriction (Amendment) Ordinance, 1960 (XXX
of 1960).
[38]Added by the West
Pakistan Urban Rent Restriction (Amendment) Ordinance, 1965 (XXI
of 1965).
[39]Added by the Punjab
Urban Rent Restriction (Amendment) Ordinance, 1979 (IX of 1979).
[40]The Punjab Urban Rent
Restriction (Amendment) Ordinance, 1979 (IX of 1979), which added, this
section, came into force on 12th
September, 1979 . see Gazette of the Punjab
(Extraordinary), dated 12th
September, 1979 , pp. 1391-1392-D.
[41]Substituted by the Punjab Urban Rent Restriction (Amendment) Ordinance, 1979
(IX of 1979).
[42]Substituted by the Punjab Urban Rent Restriction (Amendment) Act, 1991 (III
of 1991).
[43]Added by the West
Pakistan Urban Rent Restriction (Amendment) Ordinance, 1962 (XXXII
of 1962).
[44]V of 1908.
[45]V of 1898.
[46]Substituted by the Punjab Urban Rent Restriction (Amendment) Ordinance, 1979
(IX of 1979).
[47]Deleted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974).
[48]The words “the repeal of the
enactments mentioned in sub-section (1) and”, deleted ibid.
[49]W.P. Act IX of 1957.
[50]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of
1974).
[51]W.P. Act IX of 1957.
[52]W.P. Act IX of 1957.
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