RENT RESTRICTION ACT, (1963)
1. Short title, extent and commencement
3. Act not to apply to certain buildings
4. Power of exemption
5. Act to override other laws
6. Appointment of Controller
6A. Application to be filed with Controller
6B. Power of Controller
7. Determination of fair rent
8. Increase of fair rent in certain cases
9. Landlord not to claim any thing in excess of fair rents
10. Fine or premium not to be charged for grant, renewal or continuance of
11. Moneys which should not have been paid may be recovery
12. Tenant to pay taxes
13. Landlord not to interfere with amenities enjoyed by the tenant
14. Restriction on conversion of residential building into commercial
buildings and vice versa
15. Failure by landlord to make necessary repairs
16. Reimbursement of expenses incurred on repairs under order of a local
17. Eviction of tenant
17A. Eviction of tenants when the landlord is a salaried employee widow or
18. Registration of hotels and lodging-houses
19. Fixation of fair rates
20. Fair rates, etc. to be displayed
21. Eviction of guests from hotels, etc
22. Eviction of Government servants, etc
23. Decisions which have become final not to be re-opened
25. Execution of orders
26. Landlord and tenant to furnish particulars
27. Procedures and Power of Controller
29. Cognizance of offence
30. Controller to be a public servant
32. Power to make rules
RENT RESTRICTION ACT, 1963
(XI OF 1963)
An Act to make provisions for the control
of rent class of buildings within the limits
of the cantonment areas and for the eviction of tenants there from.
Whereas it is expedient to make provision for
the control of rents of certain class of buildings within the limits of the
cantonment areas, for the eviction of tenants therefrom and for matters
It is hereby enacted as follows: -
1. Short title, extent and commencement.
This Act may be called The Cantonments Rent
Restriction Act, 1963.
(2) It extends to all cantonments in Pakistan.
(3) It shall come into force at once.
2. Definitions. -In this Act, unless there is anything repugnant in
the subject or context: -
[(a) 'Additional Controller' means an Additional Controller of
Rent appointed under sub-section (2) of
(aa) 'building' means any building or part of a building, whether
residential or not, together with all fittings and fixtures therein, if any,
and includes any gardens, grounds, garages and outhouses attached or
appurtenant to such building or part, and vacant land, but does not include
any place of religious worship;
(b) 'Cantonment Board' means a Cantonment Board constituted under the
Cantonments Act, 1924 (II of 1924);
(c) 'Commercial building' means a building used solely for the purposes of
business or trade;
(d) 'Controller' means a Controller of Rents appointed by the [Federal
Government] under sub-section (1) of Section 6 includes an Additional
(e) 'family' of a person means and includes a husband, wife, children,
dependent parents, dependent brothers, unmarried or widowed sisters and a
deceased son's widow and children residing with, and wholly dependent upon
(f) a house is said to be in a state of reasonable repair, when
(i) all floors, walls, pillars, arches and roofs are sound and watertight,
(ii) all doors and windows are intact, properly painted or oiled, and
provided with proper hooks or bolts or other necessary fastenings,
(iii)all rooms, outhouses and appurtenant buildings are properly
colour-washed or white-washed, and
(iv) all electric, water and sanitary fittings, if any, are properly
maintained and are safe, sound and without leakage,
(g) 'landlord' means any person for the time being entitled to receive
rent in respect of any building whether on
his own account or on behalf or for the benefit of any other persons, or as
a trustee, guardian or receiver and includes a tenant who, being authorised
under the terms of his lease so to do, sublets the building and every other
person for the time being deriving title from the landlord.
(h) 'prescribed' means prescribed by rules made under this Act;
(i) 'residential building' means any building used for the purposes of
residence and includes a hostel, boarding-house and residential hotel, and
(j) 'tenant' means any person who undertakes or is bound to pay
rent as consideration for the possession or
occupation of a building by him or by any other person on his behalf, and
(i) any person who continues to be in possession or occupation of a building
after the termination of his tenancy;
(ii) in the event of the death of the tenant, his heirs and successor and
after the termination of the tenancy, his heirs and successors who continue
to be in possession or occupation of the building.
3. Act not apply to certain building. -Nothing contained in this Act
shall apply to.
(a) any evacuee property as defined in the Pakistan (Administration of
Evacuee Property) Act, 1957 (XII of 1957); and
(b) any property owned by the [Federal Government], any Provincial
Government, Railway, Port Trust or Cantonment Board and any property owned,
managed or controlled by any other local authority under the administrative
control of the [Federal Government] or of any Provincial Government.
4. Power of exemption. -The [Federal Government] may, by notification
in the official Gazette, direct that all or any of the provisions of this
Act shall not apply to any cantonment or to any particular building or class
of buildings or to buildings in any specific area.
5. Act to override other laws. -The provisions of this Act and any
rule or order made thereunder shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in
force, or in any instrument or document.
6. Appointment of Controller. --(l) The [Federal Government] may, for
purposes of this Act, by notification in the official Gazette, appoint a
person to be the Controller of Rents for one or more cantonments.
(2) The [Federal Government] may also, by notification in the official
Gazette, appoint a person to be the Additional Controller of Rents for one
or more cantonments.
[6-A. Applications to be filed with Controller. Every application
under this Act shall be filed with the Controller who shall either hear it
himself or assign it to an Additional Controller for hearing and disposal.
6-B. Power of Controller to transfer cases. -The Controller may,
either on an application or on his own motion, at any stage.
(a) transfer any case pending before him to the Additional Controller for
hearing and disposal; or
(b) withdraw any case pending in the court of an Additional Controller; and
(i) hear and disposal of the same himself, or
(ii) transfer it to another Additional Controller for hearing and disposal,
(iii) retransfer the same for hearing or disposal to the Additional
Controller from whom it was withdrawn.
Explanation. -The power to transfer cases shall not be exercisable by
the Additional Controller].
[7. Determination of fair rent. --(l)
The Controller shall, on an application by the tenant or landlord of
building, fix fair rent for such building
after holding such enquiry as he may think fit.
(2) The fair rent shall be fixed after taking
into consideration the following factors, namely -
(a) the rent of the same building or similar
accommodation in similar circumstances prevailing in the locality at the
time of, and during the period of twelve months prior to the date of, the
making of the application;
(b) the rise, if any, in the cost of construction and of the repair and
maintenance charges as well as changes in the existing taxes after the
commencement of the tenancy; and
(c) the rental value of the building as entered in the latest assessment
list of the Cantonment Board as proposed under Section 72 of the Cantonments
Act, 1924 (II of 1924).
(3) The fair rent fixed under this section
shall be payable by the tenant from the date to be fixed by the Controller
which shall not be earlier than the date of filing of the application.
(4) If the fair rent fixed under sub-section
(2) exceeds the rent being paid 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 twenty-five per cent of the rent
already being paid by him.
(5) When the fair rent of a building has been
fixed under this section, or where the rent
of any building has been determined by an agreement between the landlord and
the tenant, no further increase in such fair rent
shall, during the continuance of tenancy be permissible within a period of
three years from the date fixed by the Controller under sub-section (3) or
from the date of the agreement, as the case may be, except in case where
some addition, improvement or alteration has been carried out at the
landlord's expense and at the request of the tenant.
(6) The fair rent as increased on grounds of
some addition, improvement or alteration made permissible under this section
shall not exceed the fair rent payable under
this Ordinance for a similar building in the same locality with such
addition, improvement o' alteration and it shall not be chargeable until
such addition, improvement or alteration has been completed.
(7) Any dispute between the landlord and tenant in regard to any increase
claimed on grounds of some addition, improvement or alteration made
permissible under this section shall be decided by the Controller].
8. Increase of fair rent in certain cases.
-(l) Where the fair rent of the building has
once been fixed under Section 7, it shall not be increased with or without
the consent of the tenant unless some addition, improvement or alteration
otherwise than by way of ordinary or usual repair has been made in the
building at the landlord's expense and, if the building be in the occupation
of a tenant, at the tenant's request in writing, or unless a new tax has
been imposed or an existing tax has been increased.
(2) Every dispute between a landlord and his tenant relating to the increase
of rent under sub-section (1) shall be
decided by the Controller:
Provided that the Controller shall in no case allow any increase beyond
seven and a half per centum of the cost of the addition, improvement or
alteration made in the building or, beyond the amount of the additional tax
payable by the landlord, as the case may be.
9. Landlord not to claim anything in excess of fair
rent. -Save as provided in Section 8,
where the fair rent of a building has been
fixed under Section 7, the landlord shall not claim or receive any premium
or other like sum in addition to fair rent or
rent in excess of such fair
rent and any agreement or contract
stipulating payment of any such premium, sum or excess
rent shall, to the extent of such fair
rent and any agreement or contract
stipulating payment of any such premium, sum or excess
rent shall, to the extent of such
stipulation, be void:
Provided that nothing in this section shall affect any stipulation for or
payment of advance rent for not exceeding
10. Fine or premium not to be charged for grant, renewal or continuance
of tenancy. -No landlord shall, in consideration of the grant, renewal
or continuance of the tenancy of any building require the payment of any
fine, premium or any other like sum in addition to the
11. Moneys which should not have been paid may be recovered. -Where,
after the commencement of this Act, any sum not payable by a tenant under
this Act has been paid by him, it may at any time within four months of the
date of such payment be recovered by the tenant and may, without prejudice
to any other mode of recovery, be deducted by the tenant from the
rent payable by him to the landlord.
12. Tenant to pay taxes. -Notwithstanding anything contained in any
other law for the time being in force or in any agreement, the tenant shall
be bound to pay the taxes due in respect of the building to the Cantonment
Board, as required by Section 65 of the Cantonments Act, 1824 .(II of 1924),
by making deductions from the rent payable by
13. Landlord not to interfere with amenities enjoyed by the tenant.
-(l) No landlord shall, without just or sufficient cause cut off or withhold
any of the amenities enjoyed by the tenant.
(2) A tenant in occupation of a building may, if the landlord has
contravened the provisions of this section, make an application to the
Controller complaining of such contravention.
(3) If the Controller, on inquiry finds that the tenant has been in
enjoyment of the amenities and that they were cut off or withheld by the
landlord without just or sufficient cause, he shall make an order directing
the landlord to restore such amenities, or authorising the tenant to provide
the same and to incur such expense thereon as the Controller may specify,
and any sum so spent by the tenant shall be adjustable against the
rent payable by the tenant in respect of that
14. Restriction of conversion of residential building into commercial
buildings and vice versa. -No person shall convert a residential
building into a commercial building or vice versa, except with the
permission in writing of the Controller.
15. Failure by landlord to make necessary repairs. -If a landlord
fails to keep a building in a state of reasonable repairs, or to make such
repairs thereto, not being structural alterations, as may from time to time
be necessary, it shall be competent for the Controller to direct, an
application by the tenant, and after such inquiry as the Controller may
think necessary that such repairs may be made by the tenant, and the cost
thereof deducted from the rent payable by
Provided that nothing in this section shall enable the tenant to spend on
repairs any amount exceeding three months rent
unless the Controller after making necessary inquiry is satisfied that such
repairs are essential to render the building fit for occupation:
Provided further that where under the terms of the agreement of tenancy, a
tenant is authorised to make repairs at the expense of the landlord no
application under this section shall be necessary.
16. Reimbursement of expenses incurred on repairs under order of a local
authority. -(l) Where a local authority, in exercise of its functions
under any law, directs a landlord to make certain specified repairs to his
building and the landlord fails to comply therewith, the tenant may at the
direction of the local authority make such repairs.
(2) Where a tenant make any repairs in pursuance of a direction given under
sub-section (1) he shall within three months of the completion of repairs
submit to the local authority an account of the cost incurred by him on such
repairs and the local authority shall, after due verification, certify such
costs, whereupon the tenant shall become entitled to deduct the amount of
certified costs from the rent payable by him.
17. Eviction of tenant. -(l) After the commencement of this Act, no
tenant, whether before or after termination of his tenancy, shall be evicted
from the building in his possession or occupation in execution of a decree
passed after such commencement, except in accordance with the provisions of
(2) A landlord who seeks to evict his tenant shall apply to the Controller
for an order in that behalf, and the Controller may, after giving the tenant
a reasonable opportunity of showing cause against the application, make on
order directing the tenant to put the landlord in possession, if he is
satisfied that: --
(i) the tenant has not paid or tendered the rent
to the landlord within fifteen days of the expiry of the time fixed in the
agreement of tenancy for payment of rent, or
in the absence of such agreement, within sixty days following the period for
which the rent is due; or
(ii) the tenant has, without the written consent of the landlord,
(a) transferred his right under the lease or sublet the building or any
portion thereof, or
(b) used the building for a purpose other than that for which it was leased;
(iii) the tenant has committed such acts as are likely to materially impair
the value, look or utility of the building; or
(iv) the acts and conduct of the tenant have been a nuisance to the
occupiers of buildings in the neighbourhood; or
(v) where the building is situated in a place other than a hill station, the
tenant has ceased to occupy the building for a continuous period of four
months without reasonable cause; or
(vi) the landlord intends to demolish the building for constructing a new
building on the same site and has already obtained the necessary sanction
for such construction from the Cantonment Board:
Provided that the Controller may give the tenant a reasonable time for
putting the landlord in possession of the building and may extend such time
so as not to exceed three months in the aggregate.
Explanation. -V or the purpose of clause (i) the
rent remitted by money order to the landlord
or, in case landlord refuses to accept the rent,
deposited in the office of the Controller having jurisdiction in the area
where the building is situate, shall be deemed to have been duly tendered.
(3) If the Controller is not satisfied as aforesaid he may make an order
rejecting the application.
(4) A landlord may apply to the Controller for an order directing the tenant
to put the landlord in possession.
(a) in the case of a residential building if:-
(i) he requires it in good faith for his own occupation or for the
occupation of any member of his family; and
(ii) he or the member of his family, as the case may be, is not occupying
any other residential building suitable for his needs at the time, in the
Cantonment area concerned or in any local area in the vicinity thereof; and
(iii) he or the said member has not vacated such a building in the said area
or vicinity without sufficient cause after the commencement of this Act; and
(b) in the case of a commercial building, if:-
(i) he requires it in good faith for his own use; and
(ii) he is not occupying in the cantonment area concerned or in any local
area in the vicinity thereof in which such building is situate for the
purposes of his business any other such building suitable for his needs at
the time; and
(iii) he has not vacated such a building in the said area or vicinity
without sufficient cause after commencement of this Act:
Provided that where the tenancy is for a specified period agreed upon
between the landlord and the tenant, the landlord shall not be entitled to
apply under this sub-section before the expiry of such period:
Provided further that when the landlord has obtained possession of a
residential or a commercial building under the provisions of sub-clause (a)
or sub-clause (b) he shall not be entitled to apply again for the possession
of any other building under that sub-clause, unless the building of which he
had previously taken possession has become unsuitable for his needs:
Provided also that this sub-section shall not apply to serais, hotels,
dakbungalows, lodging-houses boarding-houses, residential clubs,
restaurants, eating-houses, cafes, refreshment rooms and places of public
recreation or resort or premises dealing in sales or production of materials
of books of educational and cultural values except where the landlord
requires any such building to carry on any such business of his own, in
which case he may make an application under this sub-section after having
served two years' notice on the tenant; but no building which is not, on the
commencement of this Act, being used for any of the aforesaid purposes, or
has not after such commencement been left out expressly for any such
purpose; shall be converted to any such purpose except with the consent in
writing of the landlord.
(5) The Controller shall, if he is satisfied that the claim of the landlord
under sub-section (4) is bona fide make an order directing the tenant to put
the landlord in possession of the building on such date as may be specified
by the Controller and if the Controller is not satisfied he shall make an
order rejecting the application:
Provided that the Controller may give the tenant a reasonable time for
putting the landlord in possession of the building and may extend such time
so as not to exceed three months in aggregate.
(6) Where the landlord who has obtained possession of a building in
pursuance of an order make under sub-section (5), does not himself or where
possession of the building has been obtained for any member of his family,
such member does not occupy the building within one month of the date of
obtaining its possession, the tenant who had been evicted may apply to the
Controller for an order directing that the possession of such building be
restored to him and the Controller may thereon make an order accordingly.
(7) Where a landlord has obtained possession of a building in pursuance of
an order under clause (vi) of subsection (2) and does not have the building
demolished within four months of the date of taking its possession, or does
not construct the new building within a period of two years following the
expiry of the said period of four months, he shall, unless he satisfies the
Controller that he was prevented from having the building demolished or
constructing the building within the said time by reasons beyond his
control, be punished with imprisonment for a term which may extend to six
months or with fine or with both.
(8) On the first hearing of proceeding under this section or as soon
thereafter as may be put before the issues are framed, the Controller shall
direct the tenant to deposit in his office before a specified date all the
rent due from him, and also to deposit
regularly till the final decision of the case, before the 5th day of each
month, the monthly rent which subsequently
becomes due, and if there be any dispute as to the amount of
rent due, the Controller shall determine such
(9) If the tenant fails to deposit the amount of
rent before the specified date or, as the case may be, before the 5th
day of the month, his application, if he is a petitioner, shall be
dismissed, or his defence, if he is a respondent, shall be struck off, and
the landlord shall be put in possession of the building without any further
(10) 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 one hundred rupees be
paid by such landlord to the tenant.]
(11) Notwithstanding anything contained in this Act or elsewhere, the
[Federal Government] or the Provincial Government, a Railway, a Port Trust,
a Cantonment Board or any other local authority may also apply to the
Controller to seek eviction of the tenant from its building whether owned,
hired or requisitioned, in the event of non-payment of
rent within the period herein before
prescribed or for infringement of any of the terms of possession or
[17-A. Eviction of tenants where the landlord is a salaried employee,
widow or minor orphan. -(l) Notwithstanding anything contained in this
Act or any other law for time being in force;
(a) in a case where the landlord has died; or
(b) in a case where the landlord is a salaried employee and has retired or
is due to retire within a period of six months, a notice in writing may be
given by such landlord or the widow or minor child of the deceased landlord,
as the case may be, to the tenant of a residential building informing him
that he or she needs the building for personal use and requiring him to
deliver vacant 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 salaried
person has retired before the commencement of this Ordinance, an application
may be made within a period of six months from the date of such
(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 the 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 child of the deceased landlord within the time allowed in the
notice shall be liable to be ejected summarily by the Controller on an
application being made to him in this behalf.
(6) On an application made to him under sub-section (5), the Controller
shall issue a notice to the tenant and, on being satisfied with the bona
fides of the request of the landlord or the widow or minor child of the
deceased landlord, shall order the summary ejectment of the tenant.
(7) A landlord or a widow or child of a deceased landlord referred to in
sub-section (1) or sub-section (2) who, within one year of his or her having
obtained possession of a building as provided for in sub-section (6), relets
the building to any person other than the previous tenant shall be
punishable with fine which may extend to five thousand rupees:
Provided that, if the amount of the annual rent
for which the building is so relet exceeds five thousand rupees, the amount
of fine shall be equal to the amount of annual rent.]
18. Registration of hotels, lodging-houses. -(1) Within a period of
two months from the commencement of this Act or from the opening of any
hotel or lodging-house, whichever is later, the owner of every hotel and
lodging-house shall apply to the Controller for registration of his hotel or
lodging-house and for determination of fair rates in relation thereto:
Provided that the [Federal Government] may, by a special or general order,
by notification in the official Gazette, exempt any hotel or lodging-house
or class of hotels or lodging-houses from the provisions of this section.
(2) Any owner of a hotel or lodging-house who fails to get his hotel or
lodging-house registered in compliance with sub-section (1) shall be
punishable with fine which may extend to five hundred rupees.
19. Fixation of fair rates. -(l) The Controller may fix fair rates to
be charged for board, lodging and other services provided in a hotel or
boarding-house, at such amount as having regard to all the circumstances, he
(2) A fair rate may be fixed separately for daily and monthly guests.
Explanation. A guest who agrees to reserve accommodation for a period
of one month or more shall be deemed to be a monthly guest and where the
reservation is not for any specified period, or is for a period of less than
one month, the guest shall be deemed to be a daily guest.
(3) The Controller may from time to time revise the fair rates determined by
him under this section:
Provided that in case of reservation under an agreement or otherwise for a
specified period no revision of fair rates shall be applicable.
(4) The Controller may also fix the minimum number of guests to be
accommodated in each room or other unit of accommodation in a hotel or
Provided that where accommodation in a hotel or lodging house is in the
occupation of the Armed Forces of Pakistan, the appropriate authority of the
Armed Forces shall be given an opportunity to state facts and its views with
regard to the determination of fair rates before such rates are fixed:
Provided further that the Controller shall be empowered to fix fair rates
for hotels, boarding-houses, lodging-houses and dak bungalows under the
control of the Armed Forces or meant exclusively for the use of the
Personnel of the Armed Forces.
20. Fair rates, etc, to be displayed. -The fair rates fixed by the
Controller and the maximum number of guests who may be accommodated in room
or unit of accommodation in a hotel or lodging house shall be displayed in a
conspicuous manner in the office and in the public-rooms, if any, of such
hotel or lodging-house.
21. Eviction of guests from hotels, etc.-(l) Except as hereinafter
provided, no guest shall be evicted from a hotel or lodging house or refused
board or other services so longs as he pays or is ready and willing to pay
the fair rates.
(2) If the Controller is satisfied that: -
(a) a guest in a hotel or lodging-house has been guilty of conduct which is
a nuisance or source of annoyance to other guests or persons living in the
(b) the accommodation he occupies is required by the owner or manager of the
hotel or lodging-house.
The Controller may, if he considers that the requirement is genuine and
reasonable, make an order authorising the owner or manager, as the case may
be, to recover possession of the accommodation or part thereof occupied by
Provided that no such order shall be made unless the guest has been given a
reasonable opportunity to show cause why such order should not be made:
Provided further that where other is an agreement for the stay of the guest
for a specified period, he shall not be evicted before the expiry of that
22. Eviction of Government servants, etc.-
Notwithstanding anything contained in any other provision of this Act no
order of eviction shall be made under this Act against any person in the
service of the [Federal Government], a Provincial Government, a Railway, a
Port Trust, a Cantonment Board or any other local authority or of any
corporation, company or authority rendering an essential service to the
community, if his eviction would be detrimental to the public interest,
provided eviction is not sought on the grounds referred to in clauses (i) to
(iv) of sub-section (2) of Section 17 [or Section 17-A] or clause (a) of
sub-section (2) of Section 21 of this Act.
23. Decisions which have become final not to be reopened. -The
Controller shall summarily reject any application under sub-section (2) or
under sub-section (4) of Section 17, [or under Section 17-A] which raises
substantially the same issues as have been finally decided in a former
proceeding under this Act.
24. [Appeal. (1) Any party aggrieved by an order, not being an
interim order, made by the Controller may, within thirty days of such order,
prefer an appeal to the High Court.
(2) The High Court may, pending the final disposal of the appeal, make an
order staying further proceedings or action on the order of the Controller:
Provided that no such order shall be made if the appeal has been preferred
from an order made under sub-section (6) of Section 17-A.
(3) The High Court shall, after perusing the record of the case and giving
the parties an opportunity of being heard and, if necessary after making
such further enquiry either by itself or by the Controller as it may deem
fit, make an appropriate order which shall be final.
(4) No order of the Controller except by an appeal under this section, and
no order of the Appellate Court made under this Act shall be called in
question in any Court by any suit, appeal or other legal proceedings.]
25. Execution of orders.-(l) Every order made under Section 13
[Section 17 or Section 17-A] and every order passed on appeal under Section
24 shall be executed by a Civil Court having jurisdiction in the areas as if
it were a decree of that Court.
(2) The provisions of Order XXI of the First Schedule to the Code of Civil
Procedure, 1908 (Act V of 1908:, shall, so far as may be, apply to the
execution of orders made or deemed to have been made under this Act.
26. Landlord and tenant to furnish particulars. Every landlord and
every tenant of a building shall be bound to furnish to the Controller, or
any person authorised by him in that behalf, such particulars in respect of
such building as may be prescribed.
27. Procedure and power of Controller. -No order under Section 7,
8,13,15,17 or 19 of this Act shall be made by the Controller except after
holding an inquiry.
(2) For the purposes of holding an inquiry under this Act, the Controller
and the Appellate Court shall have the same owners as are vested in a court
under the Code of Civil Procedure, 1908 (Act V of 1908), when trying a suit
in respect if the following matters, namely: -
(a) summoning and enforcing attendance of any person and examining him on
(b) compelling the discovery and production of any document and other'
material evidence; and
(c) issuing a commission for the examination of witnesses.
(3) The proceedings of every inquiry shall be deemed to be judicial
proceedings within the meaning of Sections 193 and 228 of the Pakistan Penal
Code (Act XLV of 1860).
(4) The Controller shall be deemed to be a court for the purposes of
Sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of
28. Penalties. -Whoever contravenes or fails to comply with any
provisions of this Act or the rules made there under shall be punishable
with fine which may extend to five hundred rupees.
29. Cognizance of offence. -No Court shall take cognizance of offence
under this Act except on a complaint made by the Controller in writing
within three months of the date of the commission of the offence.
30. Controller to be a public servant. -A Controller shall be deemed
to be a public servant within the meaning of Section 21 of the Pakistan
Penal Code (XLV of 1860).
31. Indemnity. -No suit or other legal proceedings shall lie against
the Controller or any person acting under his orders, in respect of any
thing which is in good faith done or intended, to be done under this Act.
32. Power to make rules. -The [Federal Government] may by
notification in the official Gazette, make rules to carry out the purposes
of this Act.