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Cantonments’ Rent Restriction Act, 1963
1. Short title, extent and commencement
2. Definitions
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 tenancy
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 authority
17. Eviction of tenant
17A. Eviction of tenants when the landlord is a
salaried employee widow or minor orphan
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
24. Appeal
25. Execution of orders
26. Landlord and tenant to furnish particulars
27. Procedures and Power of Controller
28. Penalties
29. Cognizance of offence
30. Controller to be a public servant
31. Indemnity
32. Power to make rules
Cantonments’ 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 connected therewith:
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
(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
Section 6;]:
(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 Controller.
(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 that person;
(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 includes:-
(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
(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, or
(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 three months.
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 rent.
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 him.
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
building.
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 him:
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 this section.
(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; or
(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
amount approximately.
(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
proceedings.
(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 occupation.
[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 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 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 deems just.
(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 lodging-house:
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 neighbourhood; or
(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 such guest:---
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 period.
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 oath;
(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 1898).
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.---
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.
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