The North-west Frontier Province Urban Rent Restriction (amendment) Ordinance, 1979

THE NORTH-WEST FRONTIER PROVINCE URBAN RENT RESTRICTION (AMENDMENT) ORDINANCE, 1979.
N.-W. F. P. ORDINANCE NO. IX OF 1979.
Peshawar, the 3rd October, 1979.
AN
ORDINANCE
further to amend the West Pakistan Urban Rent Restriction
Ordinance, 1959.

Preamble

WHEREAS it is expedient further to amend the West Pakistan Urban Rent Restriction Ordinance, 1959 (W. P. Ord. VI of 1959), in the manner here-in-after appearing;

AND WHEREAS the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C. M. L. A. Order No. 1 of 1977), and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance;

Short title and commencement

1. (1) This Ordinance may be called the North-West Frontier Province Urban Rent Restriction (Amendment) Ordinance. 1979.

(2) It shall come into force at once.

Amendment of section 2 of N.W.F.P Ord of 1959.

2. In the West Pakistan Urban Rent Restriction Ordinance, 1959,
(W. P. Ord. VI of 1959), here-in-after referred to as the said Ordinance, in section 2,

in clause (i), for the words and commas ''People's Municipal Committee, People's Town Committee, or by any Improvement Trust", the words and commas "a Municipal Corporation, a Municipal Committee, a Town Committee, the Provincial Urban Development Board or any authority subordinate to it" shall be substituted; and
for clause (j), the following clause shall be substituted, namely;

"(i) 'urban area' means an area administered by a Municipal Corporation, a Municipal Committee or a Town Committee".

Substitution of section 4 of W.P Ord. VI of 1959.

3. In the said Ordinance, for section 4, the following section shall be substituted, namely;

"4. Determination of fair rent.—(1) The Controller shall, on an application by the tenant or landlord of a building or rented land, fix fair rent for such building or rented land after holding such enquiry as the Controller thinks fit.
(2) The fair rent shall be fixed after taking into consideration the following factors;

the rent of the same building or similar accommodation in similar circumstances prevailing in the locality during the period of twelve months prior to the date of making the application;
the rise in the cost of construction and in the repairing charges;
the imposition of new taxes after the building or rented land was rented out; and
the rental value of the building or rented land entered in the Property Tax Assessment Register of the Taxation Department or the local authority relating to the period mentioned in clause (a), if any;

Provided that the increase in the rent to be fixed under this section shall not exceed twenty-five per cent of the rent being paid by the tenant on the date of the filing of the application under sub-section (1).
(3) The fair rent fixed under this section shall be payable by the tenant from a date to be fixed by the Controller to earlier than the date of filing the application.".

4. In the said Ordinance, for section 5, the following section shall be substituted, namely;—

Substitution of section 5 of W.P Ord: VI of 1959.

"5. Case in which further increase in fair rent permissible.—(1) When the fair rent of a building or rented land has been fixed under section 4, or where the rent of any building or rented land has been determined by any 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), of section 4, or, as the case may be, from the date of the agreement, 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.
(2) 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 or rented land 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.

(3) 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.".

Amendment of section 10 of W.P Ord: VI of 1959.	5. In the said Ordinance, in section 10, in sub-section (1), for the words "a People's Municipal Committee or cantonment or Town Improvement Board"., the words and commas "a Municipal Corporation, a Municipal Committee, a Town Committee, or the Provincial Urban Development Board shall be substituted.
Amendment of section 13 of W.P Ord: VI 1959	6. In the said Ordinance, in section 13,- (a) in sub-section (1), after the word "section", occurring at the end the words, commas, figures and letter "or, as the case may be, section 13-A " shall be added ; and (b) in sub-section (2), in clause (vi), for the words and comma "the Town Improvement Trust, People's Municipal Committee or People's Town Committee", the words and commas the" Committee, Or the Provincial Urban Development Board" shall
Amendment of section 13 A of W.P Ord: VI of 1959.	7. In the said Ordinance, the existing section 13-A shall be renumbered as section 13-B, and before section 13-B, as so renumbered the following new section shall be inserted, namely:

" 13-A. Eviction of tenants whereas the landlord is a salaried employee Widow or minor orphan.-(1) Notwithstanding anything contained in this Ordinance or any other law for the time being in force

a case where the landlord has died; or
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, as the case may be, minor child of the decease landlord, to the lenant 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.
(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 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 subsection (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;
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 widower 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;
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 a 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
Explanation.—In computing the period of six months from the date of the death of the landlord or from the date of retirement of a salaries person, the period of notice mentioned in sub-section (1) shall be excluded.

On an application being made to him under sub-section (5) the Controller shall issue a notice to the tenant and on being satisfied with the bonafide of the request of the landlord or the widow or minor child of a deceased landlord, shall order summary ejectment of the tenant.
A landlord or a widow or minor child of a deceased landlord referred to in sub-section (1), or sub-section (2), who, within one year of his having obtained possession of building as provided for in sub-section (6) relents the building to any person other than the previous tenant, shall be punishable with fine which may extend to five thousand rupees unless the benefit delivered by the landlord is greater than the amount of fine in which case it shall be equal to the annual rent obtained by him by relating the building.
The notice referred to in sub-section (1), or sub-section (2), may, in the case of landlord who is a minor, be given by the guardian of the said minor.".

8. In the said Ordinance, for section 15, the following section shall be substituted, namely:—

Amendment of section 15 A of W.P Ord: VI of 1959.

"15. Appeal—(1) Any party aggrieved by an order made by the Controller under section 4, section 10, section 12 or section 13 may, within thirty days of the date of such order, prefer an appeal in writing to the District Judge having jurisdiction over the area where the building or rented land, in relation to which the order is passed, is situated;
Provided that no appeal shall be against an order made by a Controller under sub-section (6) of section 13 determing an approximately the amount of rent due or the rate of rent and directing the tenant to deposit all the rent due;
Provided further that no appeal shall lie from an inter-locutory order passed by the Controller.
(2) On such appeal being preferred, the District Judge may himself or refer it for disposal to an Additional District Judge having jurisdiction over the area where the building or rented land, in relation to which the order is passed, is situated.

The District Judge may recall an appeal made over by him to an Additional District Judge and either hear it himself or refer it for disposal to another Additional District Judge having jurisdiction as provided in sub-section (2).
On such appeal being preferred, the appellate authority may stay the operator of the order appealed against.
The appellate authority admitting an appeal for hearing shall have the same power to direct the tenant to deposit the rents as are vested in the Controller under this Ordinance and, if the tenant makes default in compliance with such an order, then, if he is the appellant, his appeal shall be dismissed summarily and, if he is the respondent his defence shall be struck off.
The appellate authority shall decide the appeal after sending for the record of the case from the Controller and after giving the parties an opportunity of being heard and, if necessary, after making such further inquiry as it think either personally or through the Controller.

(7) The order of the Controller subject to the result of appeal, if any, shall be final and shall not be called in question in any court including the High Court, by suit, appeal or otherwise".

Amendment of section 17 A of W.P Ord: VI of 1959.

9. In the said Ordinance, in section 17, after the figure "13" the word and figure "or section 13-A'' shall be inserted.

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