The Khyber Pakhtunkhwa Restriction of Rented Buildings
(Security) Act, 2014.
(KHYBER
PAKHTUNKHWA ACT NO.XIV OF 2014)
AN
ACT
to
provide mechanism for monitoring the business of rented buildings in the
Province of the Khyber Pakhtunkhwa.
WHEREAS it is
expedient to provide mechanism for monitoring the business of rented buildings
for the purposes of counter terrorism and effectively combating crime in the
Province of the Khyber Pakhtunkhwa;
It is hereby enacted as follows:
1.
Short title, extent and commencement.---(1) This Act may be called the Khyber Pakhtunkhwa
Restriction of Rented Buildings (Security) Act, 2014.
(2)
It shall extend to the whole of the Province of the
Khyber Pakhtunkhwa.
(3)
It shall come into force at once.
2.
Definitions.---In this Act, unless the context
otherwise requires,-
(a)
“Code” means the Code of Criminal Procedure, 1898 (V of
1898);
(b)
“Government” means the Government of the Khyber
Pakhtunkhwa;
(c)
“landlord” means a person or body on whose name the
building stands registered in Government records;
(d)
“lessee” means a person to whom the building is given
by the landlord on lease;
(e)
“manager” means a person, who is employed or duly
authorized by the landlord for the management of the rented building;
(f)
“prescribed” means prescribed by rules;
(g)
“private hostel” means any hostel other than student
hostel;
(h)
“property dealer” means the property dealer, who deals
the rented buildings for monetary consideration;
(i)
“Province” means the Province of the Khyber Pakhtunkhwa;
(j)
“rented building” means any building which is given or
rented and include private hostels and student hostels;
(k)
“rules” mean rules made under this Act;
(l)
“student hostel” means building used by educational
institutions including madrassas for accommodation of their enrolled
students;
(m)
“tenant” means a person to whom a building is given on
rent by the owner, lessee or the manager, as the case may be; and
(n)
“tenant acknowledgment receipt” means receipt issued by
the incharge of the concerned police station to the landlord, manager or the
lessee, as the case may be.
3.
Rent agreement.---(1) Whenever the landlord, the lessee
or the manager, as the case may be, agrees to allow any person other than his
legal heirs to occupy his rented building, he shall reduce the agreement in
writing on legal document, which shall be signed by the landlord, the lessee or
the manager, as the case may be, and the tenant. The agreement shall contain
meaningful information about the tenant through which the identity of the
tenant could be verified.
(2)
The landlord, the lessee or the manager, as the case
may be, shall exercise due care and prudence in verification of the credentials
of the tenant so that the rented building may not be used for any illegal or
terrorist activities.
(3)
The landlord, the lessee or the manager, as the case
may be, shall get minimum two references of known persons, who shall verify the
credentials of the tenant. The complete particulars of the reference in the
form of National Identity Card and contact number shall be obtained and
reference shall be given in the rent agreement.
(4)
The rent agreement shall be further attested by the
Notary Public.
4.
Information with regard to rent agreement.---(1) The
landlord, the lessee or the manager, as the case may be, and the property
dealer where the rented building is given through such property dealer, shall
provide the following information in the form as may be prescribed to the
police station within seven days excluding public holidays of signing of the
agreement:
(a)
attested copy of the rent agreement;
(b)
attested copy of National Identity Card of tenant;
(c)
names and copies of the National Identity Cards with
contact number of two references, who identify the tenant; and
(d)
particulars of the male members above the age of
fourteen years living or residing with the tenant.
(2)
After being satisfied, the incharge of the local police
station, shall issue “tenant acknowledgment receipt” to the landlord, the
lessee or the manager, as the case may be, on the submission of the requisite
information. He shall also incorporate the entry in the Daily Diary, maintained
in such police station.
(3)
The landlord, the lessee or the manager, as the case
may be, shall provide one attested copy of the tenant acknowledgement receipt
to the tenant.
(4)
Any concerned police officer, not below the rank of
Assistant Sub-Inspector, may inspect any rented building alongwith the
landlord, the lessee or the manager, as the case may be. The landlord, the
lessee or the manager, as the case may be, shall facilitate the police during
inspection.
5.
Hostels.---(1) No landlord, lessee or manager of a
private hostel or student hostel, as the case may be, shall not allow any
person other than enrolled student to stay therein.
(2)
Private hostels and student hostels, shall maintain
complete record of all persons staying therein, as required in section 3 of
this Act, and shall produce it to the concerned police when required.
(3)
No private hostel or student hostel, shall allow any tenant
to keep any arms or ammunition, explosive or hate and seditious material:
Provided that
the landlord, the lessee or the manager, as the case may be, of such hostel may
keep a licensed arms or ammunition for the purpose of the safety of such hostels
and students registered therein.
(4)
The landlord, the lessee or the manager, as the case
may be, shall make formal arrangement for checking of hostel rooms in order to
ensure compliance with the provisions of this Act.
6.
Powers of police.--- The in-charge of the local police
station, may call copy of the ownership, rent agreement and copy of tenant
acknowledgment receipt, from any tenant of the rented building for
verification. The tenant shall produce all such related documents provided in
section 4 to the police, within twenty-four (24) hours.
7.
Responsibilities of police.---(1) The in-charge of the
local police station, shall be responsible to maintain record of all rented
buildings and tenants, falling in the jurisdiction of such police station.
(2)
The local police station, shall prepare a computerized
database for such rented buildings.
8.
Central database.---(1) After commencement of this Act,
Government shall provide necessary assistance to Police Department of the
Province for the development of central database of the tenants in the form of
hardware and software at the shortest possible time.
(2)
Standardized software prepared for this purpose shall
be utilized throughout the Province.
9.
Assistance by Revenue and Estate Department.---The
Revenue and Estate Department of the Government, shall be bound to provide any
information regarding ownership of the rented buildings to the police.
10.
Penalties.---(1) Whoever, contravenes the provisions of
sections 3 to 6 of this Act, shall be punished with imprisonment which may
extend to one year or with fine or with both.
(2)
In case of the reasonable grounds, the police finds
that the landlord, the lessee, the manager or the property dealer, as the case
may be, was aware of the criminal designs of the tenant or he has not exercised
due care in verification of the credentials of the tenant, he may be charged
for the abetment of the offence committed by the tenant.
11.
Application of Code.---The provisions of the Code shall
mutatis mutandis applicable to this Act.
12.
Cognizance.---The offence under this Act shall be
cognizable., non-bailable and shall be tried by a Judicial Magistrate of First
Class of the concerned district, having jurisdiction.
13.
Operation of other laws.---The provisions of this Act
shall be in addition to and not in derogation of, any other law for the time
being in force.
14.
Indemnity.---No suit or other proceeding shall lie
against any person for anything done or intended to be done, in good faith
under this Act or rules made thereunder.
15.
Power to make rules.---Government may, by notification
in the official Gazette, make rules for carrying out the purposes of this Act.
16.
Repeal.--- The Khyber Pakhtunkhwa Restriction of Rented
Buildings (Security) Ordinance, 2014 (Khyber Pakhtunkhwa Ordinance No. III of
2014) is hereby repealed.
By ORDER OF MR.SPEAKER
PROVINCIAL
ASSEMBLY OF KHYBER
PAKHTUNKHWA
(AMANULLAH)
Secretary
Provincial
Assembly of Khyber Pakhtunkhwa
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