Punjab Act VII of 2009 · 13 pages
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THE PUNJAB RENTED PREMISES ACT 2009
(VII of 2009)
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
3. Exemption
4. Act to override other laws
CHAPTER II
CREATION OF TENANCY
5. Agreement between landlord and tenant
6. Contents of tenancy agreement
7. Payment of rent
8. Existing tenancy
9. Effect of non-compliance
10. Effect of other agreement
CHAPTER III
OBLIGATIONS OF THE PARTIES AND
GROUNDS FOR EVICTION
11. Subletting
12. Obligations of landlord
13. Obligations of tenant
14. Reimbursement of expenses
15. Grounds for eviction
CHAPTER IV
ESTABLISHMENT OF RENT TRIBUNAL
AND PROCEDURE
16. Establishment of Rent Tribunal
17. Rent Registrar
18. Staff and establishment
19. Filing of application
20. Application for deposit of rent
21. Appearance of parties and consequences of non-appearance
22. Leave to contest
23. Written reply
24. Payment of rent and other dues pending proceedings
25. Recording of evidence
26. Rent Tribunal to exercise powers of Civil Court
27. Period for disposal of application
28. Appeal
CHAPTER V
MISCELLANEOUS
29. General power of transfer
30. Transfer of ownership
31. Execution of orders
32. Indemnity
33. Power to make rules
34. Provisions of Qanun-e-Shahadat Order and Code of Civil Procedure not
to apply
35. Repeal and savings
36. Repeal and validation
SCHEDULE
TEXT
1
THE PUNJAB RENTED PREMISES ACT 2009
(VII of 2009)
[17th 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;
It is hereby enacted as follows:–
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 Punjab.
(3) It shall come into force at once.
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 Punjab;
(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;
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 1591-1598.
(f) “premises” means a building or rented land not being an agricultural
land or land subservient to agriculture;
(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).
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 of
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.
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.
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.
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 this 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 amenity, 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 failed 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.
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.
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.
15. Grounds for 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.
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.
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 particulars 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 along with the eviction application.
20. Application for deposit of rent.– (1) Notwithstanding anything 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.
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 along with an 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 deem 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 first 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, affidavits 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 case the tenant has not paid a utility bill, the Rent Tribunal shall
direct the tenant to pay the utility bill.
(4) If a 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.
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
proceedings and the Rent Tribunal shall be deemed to be a Civil Court within the
meaning of sections 193 and 228 of the Pakistan Penal Code, 1860 (Act XLV 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 to 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 it 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.
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 may, 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.
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.
31. Execution of orders.– 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 Civil Court and for this purpose, the Rent Tribunal may exercise any or
all the powers of a Civil Court.
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.
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; and
(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 Act.
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 ___________ (nature of the prayer), of which
a copy is hereto annexed and is fixed 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)
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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