Updated: Thursday March 31, 2011/AlKhamis
Rabi' Thani 26, 1432/Bruhaspathivara
Chaitra 10, 1933, at 03:29:02 PM
[1]The
[17 November, 2009]
An Act to regulate the relationship of
landlord and tenant in respect of rented premises.
Whereas it is expedient to regulate the relationship of landlord and tenant, to provide a mechanism for settlement of their disputes in an expeditious and cost effective manner and for connected matters;
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.---(1)
This Act may be cited as the Punjab Rented Premises’ Act, 2009.
(2)
It shall extend to the whole of the
(3) It shall come into force at once.
COMMENTS
The both former
repealed enactments were products made in absence of Provincial Assembly. It is
un-understandable that why such like circumstances exit only during the course
of emergency and why the emergence of new assembly is not awaited? Formerly
repealed enactment was restricted to “urban” only whereas there is no such type
of limitation and it is extended to whole of
Sub-sections (2) and (3) are reversed as were in the last repealed enactment.
2. Definitions.---In this Act,---
(a) “building” means a building or part thereof, together with all fixtures and fittings therein, if any, and includes any garage, garden, godown, out house and open space attached or appurtenant thereto, let out for residential or non residential purpose, whether actually being used for that purpose or not, but does not include a room in a hotel, hostel, boarding house, guest house or any place of religious worship;
(b) “final order” means a final order passed by a Rent Tribunal culminating the proceedings including an order in respect of adjustment of pagri, advance rent, security, arrears of rent, compensation or costs but shall not include an order passed in an execution proceedings;
(c)
“Government” means the Government of the
(d) “landlord” means the owner of a premises and includes a person for the time being entitled or authorized to receive rent in respect of the premises;
(e) “pagri” includes any amount received by a landlord at the time of grant or renewal of a tenancy except advance rent or security;
(f) “premises” means a building or rented land not being an agricultural land or land subservient to agricultural;
(g) “prescribed” means prescribed by the rules made under the Act;
(h) “rent” includes arrears of rent, a utility bill and any amount that may be payable by a tenant in relation to the tenancy;
(i) “rented land” means any land or open space let out for the purpose of business or trade;
(j) “Rent Tribunal” means a Rent Tribunal established under the Act;
(k) “Special Judge (Rent)” means a Special Judge (Rent) appointed under the Act;
(l) “tenant” means a person who undertakes or is bound to pay rent as consideration for the occupation of a premises by him or by any other person on his behalf and includes;---
(i)
a person who continues to be in occupation
of the premises after the termination of his tenancy for the purpose of a
proceeding under this Act;
(ii)
legal heirs of a tenant in the event of
death of the tenant who continue to be in occupation of the premises; and
(iii)
a sub-tenant who is in possession of the
premises or part thereof with the written consent of the landlord; and
(m) “tenancy agreement” means an agreement in writing by which a landlord lets out a premises to a tenant.
3. Exemption.--- The Government may, for
reasons to be recorded in writing and by notification in the official gazette,
direct that all or any of the provisions of this Act shall not apply to any
class of premises or to any premises in any specified area.
4.
Act
to override other laws.--- The provisions of this Act shall have effect notwithstanding anything
contained in any other law for the time being in force.
CHAPTER II
CREATION OF TENANCY
5.
Agreement
between landlord and tenant.--- (1)
A landlord shall not let out a premises to a tenant except by a tenancy
agreement.
(2) A landlord shall present the tenancy agreement before the Rent Registrar.
(3) The Rent Registrar shall enter the particulars of the tenancy in a register, affix his official seal on the tenancy agreement, retain a copy thereof and return the original tenancy agreement to the landlord.
(4) The entry of particulars of the tenancy shall not absolve the landlord or the tenant of their liability to register the tenancy agreement under the law relating to registration of documents.
(5) A tenancy agreement entered in the office of a Rent Registrar or a certified copy thereof shall be a proof of the relationship of landlord and tenant.
(6) Any agreement which may be executed between the landlord and the tenant in respect of the premises shall be presented before the Rent Registrar in the same manner as provided in sub-section (2).
COMMENTS
Under section 9(a) tenant is liable to pay fine where tenancy agreement is not filed before Rent Registrar whereas it is responsibility of landlord. This contradiction is not understandable.
All agreements relating to premises are required to submit with Rent Registrar either it is tenancy agreement, agreement to sell etc. Mortgage is agreement between landlord and financial institution therefore it is not required to submit with Rent Registrar within the meaning of this Act.
6.
Contents of tenancy agreement.--- (1) A tenancy agreement shall contain,
as far as possible, the following:---
(a)
particulars
of the landlord and the tenant;
(b)
description
of the premises;
(c)
period
of the tenancy;
(d)
rate of
rent, rate of enhancement, due date and mode of payment or rent;
(e)
particulars
of the bank account of the landlord, if the rent is to be paid through a bank;
(f)
the
purpose for which the premises is let out, and
(g)
amount
of advance rent, security or pagri, if any.
(2)
If the
tenure of the tenancy is fixed but a rent is fixed only for a part of the tenure,
in the absence of any stipulation to the contrary in the tenancy agreement, the
rent shall be deemed to remain the same for the whole of the tenure.
7.
Payment
of rent.--- (1) A tenant shall pay
or tender the rent to the landlord in the mode and by the date mentioned in the
tenancy agreement.
(2) If the date of payment is not mentioned in the tenancy agreement, a tenant shall pay or tender the rent not later than tenth day of the following month.
(3) If the mode of payment is not mentioned in the tenancy agreement, a tenant shall pay or tender the rent to the landlord through money order or deposit in the bank account of the landlord.
COMMENTS
The words “pay” and “tender” are not defined which are used in section 7(1).
8.
Existing
tenancy.--- An existing landlord
and tenant shall, as soon as possible but not later than two years from the
date of coming into force of this Act, bring the tenancy in conformity with the
provisions of this Act.
9.
Effect
of non-compliance.--- If a tenancy
does not conform to the provisions of this Act, the Rent Tribunal shall not
entertain an application under this Act:---
(a)
on
behalf of the tenant, unless he deposits a fine equivalent to five percent of
the annual value of the rent of the premises in the Government treasury; and
(b)
on
behalf of the landlord, unless he deposits a fine equivalent to ten percent of
the annual value of the rent of the premises in the Government treasury.
COMMENTS
Why tenant shall pay fine whereas
presentation of tenancy agreement under section 5(2) before Rent Registrar is
responsibility of landlord?
10. Effect of other agreement.--- An agreement to sell or any other
agreement entered into between the landlord and the tenant, after the execution
of a tenancy agreement, in respect of premises and for a matter other than a
matter provided under the tenancy agreement, shall not affect the relationship
of landlord and tenant unless the tenancy is revoked through a written
agreement entered before the Rent Registrar in accordance with the provisions
of section 5.
COMMENTS
Who is liable to produce such agreement revoking
tenancy before Rent Registrar? It seems that either party may file the
revocation agreement before Rent Registrar.
CHAPTER III
OBLIGATIONS OF THE PARTIES AND GROUNDS FOR
EVICTION
11. Subletting.--- A tenant shall not, without the prior written consent of the
landlord, sublet the whole or a part of the premises, or transfer or assign a
right under the tenancy.
12. Obligations of landlord.--- (1) A landlord shall:---
(a)
provide
a certified copy of the tenancy agreement to the tenant;
(b)
subject
to the tenancy agreement, repair the premises as may be necessary to keep it in
habitable condition or as may be required under a law for the time being in
force; and
(c)
pay the
tax, fee or charge levied on the premises under a law for the time being in
force.
(2)
Subject
to the tenancy agreement, a landlord shall not:---
(a)
cut off,
suspend or withhold, without just or sufficient cause, an amenity, utility or
easement of the premises; and
(b)
enter
the premises without giving the tenant a reasonable notice.
(3)
If a
landlord neglects or fails to fulfill an obligation under the Act or the
tenancy agreement, the tenant may file an application in the Rent Tribunal for
an order directing the landlord to fulfill the obligation.
(4)
The Rent
Tribunal may:---
(a)
if a
tenant has been in enjoyment of an amenity, utility or easement which has been
cut off, suspended or withheld without just or sufficient cause, make an order
directing the landlord to restore the enmity, utility or easement;
(b)
authorize
a tenant to restore the amenity, utility or easement at his expense and defray
the expenses allowed by the Rent Tribunal from the rent; and
(c)
if a
landlord has filed to keep the premises in habitable condition, or to make
necessary repairs, direct that such repairs may be made by the tenant at his
expense and defray the expenses allowed by the Rent Tribunal from the rent.
COMMENTS
Whether tenant may file an application under
section 12(3) without making the payment of fine which is imposed under section
9(a)?
How landlord can obtain certified copy from
Court as original documents is returned to him after affixation of seal under
section 5(3) of the Act? A Court cannot certify the copy prepared from copy
under the Qanun-e-Shahadat Order, 1984. Notary
Public is competent to certify the copy under section 8 of the Notaries’ Ordinance, 1961.
13. Obligations of tenant.--- (1) Subject to the tenancy agreement, a
tenant shall:---
(a)
keep
the premises in the condition in which it was let out except for normal wear
and tear;
(b)
use
the premises for the purpose for which it was let out;
(c)
allow
the landlord to enter the premises for the purpose of inspection or repair;
(d)
hand
over the vacant possession of the premises to the landlord on the determination
of tenancy;
(e)
not
cause nuisance to the neighbours of the premises; and
(f)
not
make a structural change in the premises without the prior written consent of
the landlord.
(2)
If a
tenant fails to fulfill an obligation under this Act or the tenancy agreement,
the landlord may give notice in writing to the tenant specifying the act or
omission and the remedial action to be taken by the tenant within a specified
time.
(3)
A
landlord may file an application to a Rent Tribunal for an order directing the
tenant to fulfill the obligation or may seek eviction of the tenant.
COMMENTS
What is “determination” in section 13(1)(d)?
Specific time period is not provided in section 13(2) whereas reasonable time
is ought to be correct contention.
14. Reimbursement of expenses.--- (1) If a landlord fails to pay a tax, fee
or charge relating to the premises, the concerned authority may direct the
tenant to pay the tax, fee or charge.
(2)
The
tenant shall pay the tax, fee or charge relating to the premises and defray the
amount from the rent or file an application against the landlord in the Rent
Tribunal for the recovery of the amount of tax, fee or charge paid by him.
COMMENTS
What is meant by the “concerned authority”
which may direct tenant to make the payment of tax, fee or charge? Whether any
authority may compel tenant to make payments? If so, what law authorizes her?
Tenant is authorized under section 14(2)
either to defray[2] the amount from the rent or
may prefer an application before Rent Tribunal for such direction so that he
may recover the expenses which are not his liability.
15. Grounds of eviction.--- A landlord may seek eviction of the
tenant if:---
(a)
the
period of tenancy has expired;
(b)
the
tenant has failed to pay or tender the rent within a period of thirty days
after the expiry of the period stipulated in section 7;
(c)
the
tenant has committed breach of a term or condition of the tenancy agreement;
(d)
the
tenant has committed a violation of an obligation under section 13;
(e)
the
tenant has used the premises for a purpose which is different from the purpose
for which it has been let out; or
(f)
the
tenant has sub-let the premises without the prior written consent of the
landlord.
COMMENTS
The words used in section 15(c) “term” and
“condition” are not defined. Section 15(e) seems redundant in presence of section
15(d) which is comprehensive in nature.
CHAPTER IV
ESTABLISHMENT OF RENT TRIBUNAL AND PROCEDURE
16. Establishment of Rent Tribunal.--- (1) The Government shall establish a Rent
Tribunal in a district or an area as it may deem necessary.
(2)
A
Rent Tribunal shall consist of one or more Special Judges (Rent) to be
appointed by the Government in consultation with the Lahore High Court.
(3)
Subject
to this Act, the Lahore High Court may empower a civil judge or a judicial
magistrate to act as Rent Tribunal for a district or an area.
(4)
The
Rent Tribunal shall exercise exclusive jurisdiction over a case under this Act.
(5)
If
there are more than one Special Judges (Rent) in a district or an area, a
Special Judge (Rent) designated by the Lahore High Court shall act as an
Administrative Special Judge (Rent) in the district or the area.
COMMENTS
Establishment of Rent Tribunal and
appointment of Special Judges (Rent), Administrative Special Judges (Rent), and
Rent Registrar are not subject to publication in the official Gazette.
Section 16(5) prescribes that where there are
more Special Judges (Rent) than one in district or area, Lahore High Court
shall appoint one of them to act as Administrative Special Judge (Rent). It is
un-understandable that in the presence of Rent Tribunals which are independent
entity, how it can be said that “if there are more than one Special Judges
(Rent) in a district or an area”? Judges are part of tribunals but tribunals
are not part of judges.
Section 16(2) seems to be contradictory with
16(5) of the same section.
17. Rent Registrar.--- (1) The Government shall appoint a Rent Registrar in a district or an
area as it may deem necessary.
(2)
The
Rent Registrar shall maintain a register to enter particular of a tenancy
agreement, agreement to sell or any other agreement in respect of rented
premises.
18. Staff and establishment.--- The Government may appoint staff of a
Rent Tribunal to perform such functions as may be prescribed.
19. Filing of application.--- (1) An application in respect of a rented
premises shall be filed in the Rent Tribunal of the area or the district.
(2)
If
an application is filed under sub-section (1), the Administrative Special Judge
(Rent) of the area or the district may take cognizance of the case or entrust
the same to any other Special Judge (Rent).
(3)
An
application under sub-section (1) shall contain a concise statement of facts,
the relief claimed and shall be accompanied by copies of all relevant documents
in possession of the applicant.
(4)
If
the application is for eviction of a tenant, the landlord shall submit his
affidavit and affidavits of not more than two witnesses alongwith the eviction
application.
COMMENTS
What will ensue where existing tenant does
not sign the tenancy agreement and how landlord will file the tenancy agreement
before Rent Registrar?
20. Application for deposit of rent.--- (1) Notwithstanding any thing contained
in this Act, if a landlord refuses to accept the rent, the tenant may file an
application in the Rent Tribunal for deposit of the rent.
(2)
The
Rent Tribunal shall, without prejudice to the rights of the landlord, allow the
tenant to deposit the rent for the period for which the landlord has refused to
receive the rent.
(3)
The
Rent Tribunal shall inform the landlord of the deposit of rent by the tenant
and may pass an order permitting the landlord to collect the same.
COMMENTS
The word “any thing” may be used as
“anything” which is correct word.
21. Appearance of parties and consequences of
non-appearance.--- (1) If an
application under this Act other than application for deposit of rent is filed,
the Rent Tribunal shall issue notice to the respondent in the form prescribed
in the Schedule, for appearance of the respondent on a date not later than ten
days through process server, registered post acknowledgement due and courier
service.
(2)
A
notice under sub-section (1) shall be accompanied by copies of the application
and the documents annexed with the application.
(3)
If
the respondent fails to appear and the Rent Tribunal is satisfied that:---
(a)
the
notice has not been served on the respondent or the respondent is willfully
avoiding the service of the notice, the Rent Tribunal may direct service of the
notice by:---
(i)
affixing
a copy of the notice at some conspicuous part of the rented premises or
residence of the respondent; or
(ii)
publication
in the press, electronic media or any other mode; and
(b)
the
notice has been served, the Rent Tribunal may proceed ex-parte and pass the
final order.
(4)
If
an ex-parte order is passed against a respondent, the respondent may, within
ten days from the date of knowledge, apply to the Rent Tribunal for setting
aside the ex-parte order alongwith the application for leave to contest.
(5)
If
the respondent shows a sufficient cause for his non appearance, the Rent
Tribunal may set aside the ex-parte order on such terms as it may deems fit.
(6)
The
parties may appear in person or through a recognized agent in the Rent
Tribunal.
(7)
If
on a date fixed, the applicant fails to appear, the Rent Tribunal may dismiss
the application.
(8)
If
an application has been dismissed in default of the appearance of an applicant
and an application for restoration of the same is made within thirty days of
the dismissal order, the Rent Tribunal may restore the application on such
terms as it may deems appropriate.
22. Leave to contest.--- (1) A Rent Tribunal shall not allow a
respondent to defend the application unless he obtains leave to contest.
(2)
Subject
to this Act, a respondent shall file an application for leave to contest within
ten days of his appearance in the Rent Tribunal.
(3)
An
application for leave to contest shall be in the form of a written reply
stating grounds on which the leave is sought and shall be accompanied by an
affidavit of the respondent, copy of all relevant documents in his possession
and, if desired, affidavit of not more than two witnesses.
(4)
The
Rent Tribunal shall not allow leave to contest to a respondent unless the
application discloses sufficient grounds for production of oral evidence.
(5)
The
Rent Tribunal shall decide the application for leave to contest within a period
of fifteen days from the date of its filing.
(6)
If
the leave to contest is refused or the respondent has failed to file
application for leave to contest within the stipulated time, the Rent Tribunal
shall pass the final order.
23. Written reply.--- If the leave to contest is granted, the Rent Tribunal shall treat the
application for leave to contest as a written reply.
24. Payment of rent and other dues pending
proceedings.--- (1) If an eviction
application is filed, the Rent Tribunal, while granting leave to contest, shall
direct the tenant to deposit the rent due from him within a specified time and
continue to deposit the same in accordance with the tenancy agreement or as may
be directed by the Rent Tribunal in the bank account of the landlord or in the
Rent Tribunal till the final order.
(2)
If
there is a dispute as to the amount of rent due or rate of rent, the Rent
Tribunal shall tentatively determine the dispute and pass the order for deposit
of the rent in terms of sub-section (1).
(3)
In
the case tenant has not paid a utility bill, the Rent Tribunal shall direct the
tenant to pay the utility bill.
(4)
If
the tenant fails to comply with a direction or order of the Rent Tribunal, the
Rent Tribunal shall forthwith pass the final order.
25. Recording of evidence.--- (1) At the time of grant of leave to
contest, the Rent Tribunal shall direct a party to produce his evidence on a
date fixed.
(2)
The
Rent Tribunal shall treat an affidavit filed by a party as evidence and:---
(a)
may,
of its own motion, order the attendance of deponent for cross examination; and
(b)
shall,
if so requested by a party, direct production of the deponent for cross
examination.
(3)
The
Rent Tribunal shall not grant more than two opportunities to a party for
production of the evidence.
(4)
The
Rent Tribunal shall not grant an adjournment for cross examination of a witness
except for a sufficient cause and on payment of the costs to the witness as it
may deem fit.
(5)
After
recording the evidence of the parties, if any, and hearing the arguments, the
Rent Tribunal shall pass the final order.
COMMENTS
Issues will not be framed and parties will go
directly into cross examination on the base of affidavits already submitted
with their respective pleadings.
Production of evidence under section 25(3) is
un-understandable. Evidence is produced alongwith petitions and only cross
examination of deponents may be required. It seems that two opportunities are
only for cross examination.
26. Rent Tribunal to exercise powers of Civil
Court.--- (1) A Rent Tribunal may
exercise the powers of a Civil Court to enforce the attendance of a person,
compel the production of evidence, inspect a premises or issue commission for
examination of a witness or local inspection.
(2)
A
proceeding before a Rent Tribunal shall be deemed to be judicial proceeding and
the Rent Tribunal shall be deemed to be a Civil Court within the sections 193
and 228 of the Pakistan Penal Code, 1860 (Act KLV of 1860)
and sections 476 and 480 of the Code of Criminal Procedure,
1898 (Act V of 1898).
(3)
A
Rent Tribunal may pass an interlocutory order at any stage of a proceeding
before the final order.
27. Period for disposal of application.--- (1) The Rent Tribunal shall pass a final
order on an application as expeditiously as possible but not latter than four
months from the date of filing of the application.
(2)
If
the final order is not passed on an application within the period of four months,
the Rent Tribunal shall conduct the proceedings on day to day basis.
28. Appeal.--- (1) A person aggrieved by a final order may, within thirty days,
prefer an appeal in writing in the District Judge of the district.
(2)
No
appeal shall lie against an interlocutory order passed by a Rent Tribunal.
(3)
If
an appeal under this section is preferred, the District Judge may hear and
dispose of the same or entrust if for disposal to an Additional District Judge
of the district or the area.
(4)
The
District Judge or the Additional District Judge may, after providing an
opportunity of hearing to the appellant, dismiss the appeal without notice to
the respondent.
(5)
The
District Judge or the Additional District Judge may, where the circumstances so
require, suspend the operation of the final order.
(6)
The
District Judge or the Additional District Judge may exercise any or all the
powers of a Rent Tribunal under this Act.
(7)
The
District Judge or the Additional District Judge shall decide an appeal within a
period of two months from the date of filing of the appeal.
(8)
No
appeal shall lie against an order passed by a District Judge or an Additional
District Judge under this Act.
COMMENTS
The word “in” used in the section 28(1) such
as “writing in the District Judge” seems inappropriate and may be read “to”
which is the correct use of this word.
Section 28(4) slightly prescribes the
necessity of notice to respondent in case of appeal but this section lacks the
specific provision of the notice to respondent.
CHAPTER V
MISCELLANEOUS
29. General power of transfer.--- (1) The District Judge of the district
may on the application of a party to the proceedings under this Act, and after
notice to the other party, withdraw the proceedings pending before a Special
Judge (Rent) or an Additional District Judge and transfer it, for disposal to
any other Special Judge (Rent) or Additional District Judge competent to try
and dispose of the same.
(2)
The
Lahore High Court ma at any stage withdraw an appeal pending under this Act
before a District Judge or an Additional District Judge and transfer the same
to any other Court competent to dispose of the same.
COMMENTS
It is not suggested in section 29(2) that
power of High Court to withdraw is subject of an application of party or it is suo
moto power. It also lacks the circumstances in which such power may be
exercised. In such absence power may be used arbitrarily.
30. Transfer of ownership.--- (1) If the ownership of a rented premises
has been transferred, the new owner shall send a written intimation of the
transfer, by registered post or a courier service to the tenant and shall apply
to the Rent Registrar for entering his name in the register as the landlord of
the premises.
(2)
The
Rent Registrar shall inform the tenant through a notice, at the expense of the
landlord, about the transfer of ownership of the premises and the tenant shall
not be deemed to have defaulted in the payment of the rent if the rent due is
paid or tendered to the new landlord within a period of thirty days from the
date when the notice should in normal course have reached the tenant.
COMMENTS
31. Execution.--- A Rent Tribunal shall execute an order passed under this Act by a
Rent Tribunal or a District Judge or an Additional District Judge as a decree
of a
COMMENTS
It is unclear that separate execution
petition is required to be filed or final order will automatically be converted
into execution petition as is in the case of the Financial
Institutions’ (Recovery of Finances’) Ordinance, 2001.
32. Indemnity.--- No suit or other legal proceedings shall lie against a Special Judge
(Rent) or any person or authority acting under an order of the Special Judge
(Rent) in respect of anything done or intended to be done in good faith under
this Act.
33. Power to make rules.--- (1) The Government may, by notification
in the official gazette, make rules for carrying out the purposes of this Act.
(2)
In
particular and without prejudice to the generality of the foregoing power, the
rules may prescribe a model tenancy agreement, a draft application form and a
notice under this Act.
COMMENTS
Formulation of rules was also requirement
under the former repealed enactment which could not be formulated. Let see what
development is made this time.
34. Provisions of Qanun-e-Shahadat Order and
Code of Civil Procedure not to apply.--- Save as otherwise expressly provided under this Act, the provisions
of the Qanun-e-Shahadat Order, 1984 (P.O. No. 10 of
1984), and the Code of Civil Procedure, 1908 (Act V of
1908) shall not apply to the proceedings under this Act before a Rent
Tribunal, District Judge or Additional District Judge.
35. Repeal and savings.--- (1) The Punjab Urban
Rent Restriction Ordinance, 1959 (VI of 1959), is hereby repealed.
(2)
Notwithstanding
the repeal of the Ordinance VI of 1959:---
(a)
a
proceeding pending before a Rent Controller shall stand transferred to the Rent
Tribunal of the district or the area and the same shall be decided by the Rent
Tribunal in accordance with the provisions of the repealed Ordinance;
(b)
an
appeal may be filed against an order passed under the repealed Ordinance in
accordance with the provisions of the repealed Ordinance;
(c)
an
appeal pending under the repealed Ordinance may be decided in accordance with
the provisions of the repealed Ordinance;
(d)
a
Rent Controller appointed under the repealed Ordinance shall exercise and
perform the functions of a Rent Tribunal and a Rent Registrar till the
appointment of a Special Judge (Rent) and a Rent Registrar for the district or
the area under this Ordinance.
COMMENTS
This enactment has prospective[3] effect
for its application. All the matters pending under former repealed enactment
shall be disposed of by the Rent Tribunal under the repealed enactment either
it is original application or appeal. Fresh cases will be filed in accordance
with the fresh promulgation. Fresh applications will not be entertained under
repealed enactment.
36. Repeal and Validation.--- (1) The Punjab
Rented Premises’ Ordinance, 2007 (XXI of 2007) is hereby repealed.
(2) Notwithstanding
anything contained in any law, anything done, proceedings or action taken,
order or rule made, liability incurred or right acquired under the Ordinance
XXI of 2007 or purported to have been done, taken, made, incurred or acquired
under that Ordinance, from the date of promulgation of the Ordinance till the
coming into force of this Act, shall be deemed to have been done, taken, made,
incurred or acquired under this Act.
SCHEDULE
{See sub-section (1) of section 21}
(Name of the Rent Tribunal)
(Title of the application)
To
________________________________
(Name, description and place of residence)
Whereas
________________________ (name of the applicant) has filed application for
____________________________________ (nature of the application) against you
under the Punjab Rented Premises Act, 2009 for _______________________ (date).
You
are hereby directed to obtain leave to contest the application from the Rent
Tribunal described above within ten days of the date of hearing / appearance
mentioned above. In default whereof, the Rent Tribunal may pass a final order
in favour of the applicant.
Leave
to contest may be obtained on an application in the form of written reply and
specifying a ground(s) on which the leave is sought, accompanied by your
affidavit and, copies of all the relevant documents in your possession and, if
so desired, affidavits of not more than two witnesses.
Given
under my hand and the seal of the Rent Tribunal on this ___ day of _____.
Special Judge (Rent)
[1] This Act was originally promulgated as Ordinance XXI of 2007; was given permanent life by PCO I of 2007; however, consequent upon the judgement of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Punjab Assembly on 14 October 2009; passed by it on 4 November 2009; assented to by the Governor of the Punjab on 14 November 2009; and, was published in the Punjab Gazette (Extraordinary), dated 17 November 2009, pages 1591-98.
[2] Pay, settle, discharge, clear.
[3] Future, upcoming.
Rules (later upon promulgation)
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