THE CANTONMENTS RENT RESTRICTION ACT, 1963

CONTENTS
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. Applications to be filed with controller

6B. Power of controller to transfer cases

7. Determination of fair rent

8. Increase of fair rent in certain cases

9. Landlord not to claim anything in excess of fair rent

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 recovered

12. Tenant to pay taxes

13. Landlord not to interfere with amenities enjoyed by the tenant

14. Restriction of conversion of residential buildings into commercial buildings and vice versa

15. Failure by landlord to make necessary repairs

16. Reimbursement of expenses incurred on repairs under orders of a local authority

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17. Eviction of tenant

17A. Eviction of tenants where the landlord is a salaried employee, widow or minor orphan

18. Registration of hotels, 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. Procedure and powers of Controller

28. Penalties

29. Cognizance of offence

30. Controller to be a public servant

31. Indemnity

32. Power to make rules

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 THE CANTONMENTS RENT RESTRICTION ACT, 1963
Act No. XI OF 1963
[27th April, 1963]

An Act to make provisions for the control of rents of certain class of buildings within the limits of the
Cantonment areas and for the eviction of tenants therefrom.

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.__ (1) This Act may be called the Cantonments
Rent Restriction Act, 1963.

(2) It extends to all the 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:—
1
[(a) “Additional Controller” means an Additional Controller of Rent appointed
under sub-section (2) of section 6;]
2
[(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 3[Federal

Government] under sub-section (1) of section 6 and includes an Additional
Controller 4[* * * ];

1
Ins. by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), s.2.
2
Re-lettered ibid.,
3
Subs. by F.A. O., 1975, Art. 2 and Table, for “Central Government”.
4
Certain words omitted by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), s.2.

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 (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 the

building after the termination of his tenancy; and

(ii) in the event of the death of the tenant, his heirs and successors 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 to apply to certain buildings.— 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

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 (b) any property owned by the 1[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 1[Federal Government] or of any Provincial
Government.

4. Power of exemption.—The 1[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.__ (1) The 1[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 1[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.
2[6A.
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.

6B. 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 dispose 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.”.

1
Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
2
Ins. by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), s.3.

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 Determination of fair rent.__(l) The Controller shall, on an application by the tenant or
1[7.

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 percent 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 cases 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 or 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:
1
Subs. by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), s.4 for section7.

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 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 any 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 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 any 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, 1924 (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 buildings into commercial buildings and vice
versa.—No person shall convert a residential building into a commercial building or vice ve rsa,
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:

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 Provided that nothing in this section shall enable the tenant to spend on repairs any amount
exceeding three month’s 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 orders 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 cost from
the rent payable by him.

17. Eviction of tenant.__ (l) After the commencement of this Act, no tenant, whether before
or after the 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 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

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 (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.__ For the purpose of clause (i) the rent remitted by money order to the landlord
or in case the 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:

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 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, dak-bungalows, 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
made 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 sub-section (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.

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 (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 1[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 hereinbefore
prescribed or for infringement of any of the terms of possession or occupation.
2[17A. 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 he offers the building in his occupation in exchange of the building in possession of
the tenant on such terms and conditions and on payment of such rent as may be determined by the
Controller:

1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.

2
Ins. by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985) s.5.

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 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 the 1[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:
1
Subs. by F.A.O., 1975, Art. 2 and Table for “Central Government”.

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 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 each 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 guest 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 there 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 1[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 2[or under section 17A] or clause (a) of sub-section (2) of section 21 of this Act.
23. Decisions which have become final not to be re-opened.— The Controller shall
summarily reject any application under sub-section (2) or under sub-section (4) of Section 17, 2[or
under Section 17-A] which raises substantially the same issues as have been finally decided in a
former proceeding under this Act.
3
[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.
1
Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
2
Ins. by the Cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), ss. 6 and 7.
3
Subs. ibid., s. 8., for section 24.

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 (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 1[, section 17 or section
17A] and every order passed on appeal under section 24 shall be executed by a civil Court having
jurisdiction in the area 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 powers 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 of 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.
1
Subs. by the cantonments Rent Restriction (Amdt.) Ordinance, 1985 (IX of 1985), s. 9, for “or section 17”.

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 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.

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 1[Federal Government] may, by notification in the official
Gazette, make rules to carry out the purposes of this Act.

__________

Date: - 22.04.2024
1
Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.

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