SIND ORDINANCE No. XVII OF 1979
THE SIND RENTED PREMISES ORDINANCE, 1979
[21st November, 1979]
An Ordinance to make effective provisions for regulation
of relations between landlords and tenants and protect their
interests in respect of rented premises within urban areas.
WHEREAS it is expedient to make effective provisions for
regulation of relations between landlords and tenants and
protect their interests in respect of rented premises within urban
areas;
Preamble.
NOW, THEREFORE, in pursuance of the Proclamation of the
fifth day of July, 1977 and the Laws (Continuance in Force)
Order, 1977, the Governor of Sind is pleased to make and
promulgate the following Ordinance:—
- (1) This Ordinance may be called the Sind Rented
Premises Ordinance, 1979.
(2) It shall come into force at once.
Short title and
commencement. - In this Ordinance, unless there is anything repugnant in
the subject or context,—
Definitions.
(a) “building” means any building or part thereof,
together with all fittings and fixtures therein, if any,
and include any garden, garage, out-house and
open space attached or appurtenant thereto;
(b) “Controller” means a Controller appointed under
section 4 and includes a person working as Controller
immediately before coming into force of this
Ordinance;
(c) “fair rent” means the fair rent of any premises
determined by the Controller under this Ordinance;
(d) “Government” means the Government of Sind;
(e) “land” means land or open space, not being
agricultural land or land or open space attached or
appurtenant to any building;
SIND ORDINANCE No. XVII OF 1979
THE SIND RENTED PREMISES ORDINANCE, 1979
(f) “landlord” means the owner of the premises and
includes a person who is for the time being
authorized or entitled to receive rent in respect of
such premises;
(g) “personal use” means the use of the premises by the
owner thereof or his wife (or husband), son or
daughter;
(h) “premises” means a building or land, let out on rent,
but does not include a hotel;
(i) “rent” includes water charges, electricity charges
and such other charges which are payable by the
tenant but are unpaid;
(j) “tenant” means any person who undertakes or is
bound to pay rent as consideration for the
possession or occupation of any premises 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 premises after the termination
of his tenancy;
(ii) heirs of the tenant in possession or occupation of
the premises after the death of the tenant; and
(k) “urban area” means an area within the jurisdiction of
a Town Committee, Municipal Committee, Municipal
Corporation or Metropolitan Corporation. - (1) Notwithstanding anything contained in any law for
the time being force, all premises other than those owned or
requisitioned under any law, by or on behalf of the Federal
Government or Provincial Government, situated within an urban
area, shall be subject to the provisions of this Ordinance:
Applicability.
1[****]
1
In section 3, sub-section (1) proviso omitted vide Sind Ordinance No. IV of 1984, dated July 30, 1984.
SIND ORDINANCE No. XVII OF 1979
THE SIND RENTED PREMISES ORDINANCE, 1979
(2) Government may, by notification, exclude any class
of premises, or all premises in any area from operation of all or
any of the provisions of this Ordinance.
- (1) Government may appoint one or more Controllers in
any district and if more than one Controller is appointed in the
same district Government shall define the local limits within
which each of such Controllers shall exercise jurisdiction:
Controllers.
Provided that the Controllers working immediately before
coming into force of this Ordinance shall continue to exercise
their respective territorial jurisdiction until it has been altered by
Government.
(2) No person shall be appointed as a Controller unless
he has worked or, has been working, as a Civil Judge or 1[***],
for not less than three years.
2[(3″**)]
- (1) The agreement by which a landlord lets out any
premises to a tenant shall be in writing and if such agreement is
not compulsorily registerable under any law for the time being
in force, it shall be attested by, signing by, and sealing with the
seal of, the Controller within whose jurisdiction the premises is
situate or, any Civil Judge or First Class Magistrate.
Agreement between
landlord and tenant.
(2) Where any agreement by which a landlord lets out
any premises to a tenant is compulsorily registerable under any
law for the time being in force, a certified copy of the
registered deed and where the agreement is not so
registerable, the original deed duly attested under sub-section
(1), shall be produced and accepted in proof of the
relationship of the landlord and tenant:
Provided that nothing in this section shall affect any
agreement between the landlord and tenant immediately
before coming into force of this Ordinance.
1
In section 4 of its sub-section (2) words omitted vide Sindh Ordinance No.XIV of 2001. Dated April, 17, 2001
2
In Section 4 of its sub-section (3) omitted vide Sindh Ordinance No.XIV of 2001. Dated April, 17, 2001.
SIND ORDINANCE No. XVII OF 1979
THE SIND RENTED PREMISES ORDINANCE, 1979
1[6***]
- No landlord shall charge or receive rent in respect of
any premises at the rate higher than that mutually
agreed upon by the parties, and, if the fair rent has been
fixed by the Controller in respect of such premises, at the
rate higher than the fair rent.
Higher rent not
chargeable. - (1) The Controller shall, on application by the tenant or
landlord determine fair rent of the premises after taking into
consideration the following factors:—
Fair rent.
(a)the rent of similar premises situated in the similar
circumstances, in the same or adjoining locality;
(b)the rise in cost of construction and repair charges;
(c)the imposition of new taxes, if any, after
commencement of the tenancy; and
(d)the annual value of the premises, if any, on which
property tax is levied.
(2) Where any addition to, or improvement in, any
premises has been made or any tax or other public charge has
been levied, enhanced, reduced or withdrawn in respect
thereof, or any fixtures such as lifts or electric or other fittings
have been provided thereon subsequent to the determination
of the fair rent of such premises, the fair rent shall,
notwithstanding the provisions of section 9 be determined or, as
the case may be, revised after taking such changes into
consideration. - (1) Where the fair rent of any premises has been fixed no
further increase thereof shall be effected unless a period of
three years has elapsed from the date of such fixation or
commencement of this Ordinance whichever is later.
Limit of Fair rent.
(2) The increase in rent shall not, in any case, exceed ten
percent per annum on the existing rent.
1
Section 6 together with proviso omitted vide Sind Ordinance No.IV of 1984. Dated July 30, 1984.
SIND ORDINANCE No. XVII OF 1979
THE SIND RENTED PREMISES ORDINANCE, 1979
- (1) The rent shall, in the absence of any date fixed in this
behalf by mutual agreement between the landlord and tenant,
be paid not later than the tenth of the month next following the
month for which it is due.
Payment of rent.
(2) The rent shall, as far as may be, be paid to the
landlord, who shall acknowledge receipt thereof in writing.
(3) Where the landlord has refused or avoided to accept
the rent, it may be sent to him by postal money order or, be
deposited with the Controller within whose jurisdiction the
premises is situate.
(4) The written acknowledgement, postal money order
receipt or receipt of the Controller, as the case may be, shall be
produced and accepted in proof of the payment of the rent:
Provided that nothing contained in this section shall apply in
the cases pending before the Controllers on the
commencement of this Ordinance. - (1) No landlord shall discontinue or cause to be
discontinued any service such as electricity, gas or water,
except with the previous consent of the tenant or in
compliance with the requisition of the concerned authority or
after obtaining the direction of the Controller in this behalf.
Discontinuance of
amenities and
services.
(2) Where the landlord has discontinued or caused to be
discontinued any service in contravention of sub-section 1, the
tenant may make an application to the Controller for
restoration thereof.
(3) Where the Controller is, after making such inquiry as
he deems fit, satisfied that the service has been discontinued
without sufficient cause, he shall make an order directing the
landlord to have the service restored within such period as may
be specified in the order.
(4) Where the landlord has failed to comply with the
order of the Controller made under sub-section (3), the
Controller may take necessary steps to get the service restored
and recover the costs of such restoration from the landlord.
SIND ORDINANCE No. XVII OF 1979
THE SIND RENTED PREMISES ORDINANCE, 1979
(5) Where the landlord has contravened the provisions of
sub-section (1), he shall be punished with simple imprisonment
for a period not exceeding six months or with fine or with both. - (1) Subject to the agreement, if the landlord fails to make
such repairs or white-washing as may be necessary to keep the
premises in proper shape, the Controller may, on application
made to him by the tenant and after such inquiry as the
Controller deems fit to make, direct that such repairs or whitewashing may be made by the tenant and the cost thereof may
be deducted from the rent payable to the landlord.
Repairs.
(2) Where any authority empowered by a law for the
time being in force has required the landlord to make such
repairs within such period as may be specified by such authority
and the landlord has made default in this behalf, such authority
may require the tenant to make such repairs.
(3) Where the tenant has made the repairs as aforesaid
the authority ordering the repairs shall, after due verification of
the details of the expenditure incurred by the tenant, certify the
cost of repairs and the tenant may thereupon deduct the
amount so certified from the rent payable to the landlord. - No tenant shall be evicted from the premises in his
possession except in accordance with the provisions of this
Ordinance.
Eviction.
14.(1) Notwithstanding anything contained in this Ordinance
or any other law for the time being in force, the landlord of a
building who is a widow, or a minor whose both parents are
dead or a salaried employee due to retire within the next six
months or has retired or a person who is due to attain the age
of sixty years within the next six months or has attained the age
of sixty years, may, by notice in writing, inform the tenant that
he or she needs the building for personal use and require him to
deliver vacant possession of the building within such time as
may be specified in the notice, not being earlier than two
months from the receipt thereof:
Delivery of vacant
possession.
1[“Provided that nothing in this sub-section shall apply where
the landlord has rented out the building after he has retired or
1
In section 14 for proviso to sub-section (1) substituted vide Sind Ordinance No. XII of 1980. Dated September 1, 1980.
SIND ORDINANCE No. XVII OF 1979
THE SIND RENTED PREMISES ORDINANCE, 1979
attained the age of sixty years or, as the case may be, has
become widow or orphan.”.]
(2) The landlord shall not be entitled to avail the benefit
of sub-section (1) if he is in occupation of a building owned by
him in any locality.
(3) Where the tenant has failed to deliver the possession
of the building under sub-section (1), the Controller shall, on
application by the landlord in this behalf, order eviction of the
tenant from the building in a summary manner, by using such
force as may be necessary.
1[(4)****]
- (1) Where a landlord seeks to evict the tenant otherwise
than in accordance with section 14, he shall make such
application to the Controller.
Application to
Controller.
(2) The Controller shall, make as an order directing the
tenant to put the landlord in possession of the premises within
such period as may be specified in the order, if he is satisfied
that—
2[(i) ****]
(ii) the tenant has failed to pay rent in respect of the
premises in his possession within fifteen days after the
expiry of the period fixed by mutual agreement
between the tenant and landlord for payment of the
rent, or in the absence of such agreement, within the
sixty days after the rent has become due for payment
3[“:“provided that where the application made by the
landlord is on the sole ground mentioned in this clause
and the tenant on the first day of hearing admits his
liability to pay the rent claimed from him, the Controller
shall, if he is satisfied that the tenant has not made such
default on any previous occasion and the default is not
exceeding six months, direct the tenant to pay all the
1
Section 14 of sub-section (4) omitted Vide Sind Ordinance No. II of 1980. Dated January 21, 1980.
2
Section 15, sub-section (2), clause (i) omitted Vide Sind Ordinance No. IV of 1984. Dated July 30, 1984.
3
In section 15 of its sub-section (2), in clause (ii), the semi colon replaced with colon thereafter proviso added vide
Sindh Ordinance No. XIV of 2001. Dated April, 17, 2001.
SIND ORDINANCE No. XVII OF 1979
THE SIND RENTED PREMISES ORDINANCE, 1979
rent claimed from him on or before the date to be fixed
for the purpose and upon such payment, he shall reject the
application;”]
(iii) the tenant has, without the written consent of
the landlord—
(a) handed-over the possession of the premises to
some other person;
(b)used the premises for the purpose other than
that for which it was let out;
(c)infringed the conditions on which the premises
was let out;
(iv) the tenant has committed such acts as are likely to
impair the material value or utility of the premises;
(v) the tenant has indulged in such activities as are
causing nuisance to the neighbours;
(vi) the premises is required by the landlord for
reconstruction or erection of a new building at the
site and the landlord has obtained necessary
sanction for such reconstruction or erection from the
authority competent under any law for the time
being in force to give such sanction;
(vii) the landlord requires the premises in good faith for
his own occupation or use or for the occupation or
use of his spouse or any of his children.
(3) Where the landlord who has obtained the possession
of the premises for the purpose of reconstruction of the building
or erection of a new building, shall demolish the existing
building within six months of the taking over of the possession of
the premises or, as the case may be, commence the erection
of the new building within two years of the taking over of the
possession of the premises, and in case the landlord fails to
demolish the building as aforesaid, the tenant shall be entitled
to be put into possession of the premises and for that purpose
he may apply to the Controller for an order in that behalf
SIND ORDINANCE No. XVII OF 1979
THE SIND RENTED PREMISES ORDINANCE, 1979
1[,”and for the purpose he may apply to the Controller for an
order in that behalf”]
2[(“4”) Where the land-lord constructs the building as
aforesaid the tenant who was evicted from the old building
may, before the completion of new building and its occupation
and the Controller shall make an order accordingly in respect
of the area applied for or such smaller area, as considering the
location and type of the new building and the needs of the
tenant, the deems just and on payment of rent to be
determined by him on the basis of rent of similar
accommodation in the locality.”.]
3[(“15-A”]
4[ Where the land-lord, who has obtained the
possession of a building under section 14 or premises under
clause (vii) of section 15, relets the building or premises to any
person other than the previous tenant or puts it to a use other
than personal use within one year of such possession—
(i) he shall be punishable with fine which shall not
exceed one year’s rent of the building of the
premises, as the case may be, payable
immediately before the possession was so
obtained.
(ii) The tenant who has been evicted may apply to the
Controller for an order directing that he shall be
restored to possession of the building or the
premises, as the case may be, and the Controller
shall make an order accordingly.”]
1[(“Penalty for use of
premises other than
personal use.”]
- (1) Where a case for eviction of the tenant has been
filed, the Controller shall, on application by the landlord and
after such summary inquiry as he deems fit to make, determine
the arrears of the rent due and order the tenant to deposit the
same within such period as the Controller may fix in his behalf
and further direct the tenant to deposit monthly rent regularly
on or before the tenth of every month, until final disposal of the
Arrears of Rent.
1
In section 15 of sub-section (3) words added Vide Sind Ordinance No. II of 1980. Dated January 21, 1980.
2
In section 15 new sub-section added vide Sind Ordinance No. IV of 1984. Dated July 30, 1984.
3
Insertion of section 15-A Vide Sind Ordinance No. II of 1980. Dated January 21, 1980.
4
Section 15-A substituted vide Sind Act No. IV of 1984. Dated July 30, 1984.
SIND ORDINANCE No. XVII OF 1979
THE SIND RENTED PREMISES ORDINANCE, 1979
case 1[“:“Provided that the Controller may direct that the arrears of rent
approximate rent may be paid to the landlord through pay order, or by any
other mode agreed to be the parties, or as directed by the Controller.”.]
(2) Where the tenant has failed to deposit the arrears of
rent or to pay monthly rent under sub-section (1), his defence
shall be struck off and the landlord shall be put into possession
of the premises within such period as may be specified by the
Controller in the order made in this behalf.
(3) Where the rent has been deposited under this
section, it shall, subject to such order as the Controller may
make in this behalf, be paid to the landlord at the conclusion of
the case or on such earlier date as may be specified by the
Controller.
- Where the Controller is satisfied that any application
made by a landlord for eviction of the tenant is frivolous or
vexatious he may direct that compensation not exceeding ten
times the monthly rent be paid by such landlord to the tenant.
Compensation for
vexatious eviction. - Where the ownership of a premises in possession of the
tenant has been transferred by sale, gift, inheritance or by such
other mode, the new owner shall send an intimation of such
transfer in writing by registered post to the tenant and the
tenant shall not be deemed to have defaulted in payment of
the rent for the purpose of clause (ii) of sub-section (2) of
section 15, if the rent due is paid within thirty days from the date
when the intimation should, in normal course, have reached the
tenant.
Change in
ownership. - (1) Where an application other than the application
under section 14 has been made to the Controller under this
Ordinance, he shall, unless the application is summarily
dismissed by him for reasons to be recorded, issue a notice to
the respondent to file written reply, if any, within such period not
exceeding fifteen days of the receipt of the notice.
Procedure.
(2) Where on the day fixed in the notice for the
respondent to file written reply, it is found that the notice has
1
In section 16 after replacement of full stop by colon proviso added vide Sindh Ordinance No. XIV of 2001. Dated
April 17, 2001.
SIND ORDINANCE No. XVII OF 1979
THE SIND RENTED PREMISES ORDINANCE, 1979
been served but the respondent has failed to file his reply
without any reasonable excuse, the Controller may, proceed to
make an exparte order and after such order has been made
the Controller shall have no power to rescind such order.
(3) Where the respondent has filed the written reply, the
Controller shall proceed to receive evidence first of the
applicant and his witnesses and then of the respondent and his
witnesses.
(4) A party to a case under this Ordinance shall prove
the evidence of his witness by producing the affidavit of such
witness a copy of which shall simultaneously be supplied to the
other party and such other party shall have the right to cross
examine the witness on such affidavit and if the witness has
been cross examined the party producing the witness may reexamine him.
(5) The Controller shall, instead of formally framing issues
arising between the parties, state them briefly in the judgment
and shall record findings on each such issue separately.
- (1) Subject to this Ordinance, the Controller and the
appellate authority shall, for the purpose of any case under this
Ordinance, have powers of a Civil Court under the Code of
Civil Procedure, 1908 (Act V of 1908), in respect of only the
matters, namely:—
Power of Civil Court.
(a)Summoning and enforcing the attendance of any
person and examining him on Oath;
(b)Compelling production or discovery of documents;
(c)Inspecting the site; and
(d)Issuing commission for examination of witnesses or
documents. - (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 1[“District Judge having
Jurisdiction in the area where the premises in relation to which
the order is passed”].
Appeal.
1
In section 21 of its sub-section (1) words substituted vide Sindh Ordinance No.XIV of 2001. Dated April 17, 2001.
SIND ORDINANCE No. XVII OF 1979
THE SIND RENTED PREMISES ORDINANCE, 1979
1[“(1-A). On such appeal being preferred, the District Judge may hear it
himself, or refer it for disposal to an Additional District Judge.
(1-B). The District Judge may recall an appeal referred to an Additional
District Judge and either hear it himself to refer it for disposal to another
Additional District Judge.
(1-C). The appellate authority, may, at any stage of appeal attempt to
effect a compromise between the parties.
(1-D). The appellate authority may, where it deems fit, before passing a final
order allow the tenant to continue his tenancy subject to payment of
enhanced rent fixed by the authority.
(1-E). On the application of a party and after notice to the other party and
after hearing such of them as desire to be heard, or on its own motion
without such notice-
(a) the appellate authority may at any stage withdraw
any application pending with a Controller and transfer
the same for disposal to any other Controller;
(b) the High Court may at any stage withdraw any
appeal pending with any appellate authority and
transfer the same for disposal to any other appellate
authority competent to dispose of the same.”.]
(2) The appellate authority may pending the final
disposal of the appeal, grant injunction staying further
proceedings or action on the order of the Controller:
Provided that no injunction shall be granted if the appeal
has been preferred from the order under section 14.
(3) The appellate authority shall, after perusing the
record of the case and giving the parties an opportunity or
being heard and, if necessary, after making such further enquiry
either by himself or by the Controller, make an appropriate
order, which shall be final.
2[“21-A. All appeals filed under this Ordinance and pending in
the High Court immediately before the commencement of the
Sindh Rented Premises (Amendment) Ordinance, 2001, shall
stand transferred to the District Judge having jurisdiction as
provided in sub-section (1) of section 21, of disposal:
Provided that the appeals as are fixed for judgments shall be disposed by
the High Court.”.]
1
In section 21of its sub-section (1) new sub-sections inserted vide Sindh Ordinance No. XIV of 2001. Dated April 17, 2001.
2
after section 21, new section inserted by ibid.
SIND ORDINANCE No. XVII OF 1979
THE SIND RENTED PREMISES ORDINANCE, 1979
1[“22”. Final order passed under this Ordinance shall be
executed by the Controller and all questions arising between
parties and relating to the execution, discharge or satisfaction
the order shall be determined by the Controller and not by a
separate suit.
Explanation:- In the execution proceedings relating to the
order of ejectment, no payment, compromise or agreement
shall be valid unless such payment, compromise or agreement
is made before or with the permission of the authority passing
the order.”]
1[Execution of
orders.]
- The Controller and the appellate authority shall be
deemed to be a Civil Court within the meaning of section
480 of the Code of Criminal Procedure, 1898 (Act V of
1898).
Judicial
Proceedings. - No Court shall take cognizance of an offence under this
Ordinance except upon complaint in writing made by the
Controller.
Cognizance of
offence. - No suit or legal proceedings shall lie against
Government or any authority or person in respect of anything
done or intended to be done in good faith under this
Ordinance.
Indemnity. - Government may make rules for carrying out the
purposes of this Ordinance.
Rules. - (1) The Sind Urban Rent Restriction Ordinance, 1959, is
hereby repealed.
Repealed.
(2) All appeals, and such cases before a Controller as
are fixed for arguments or judgment which have been filed
under the Ordinance mentioned in sub-section (1) shall,
notwithstanding the repeal thereof, be disposed in accordance
with the said Ordinance.
1
Section 22 substituted vide Sind Act No.I of 1986. Dated May 12, 1986.
SIND ORDINANCE No. XVII OF 1979
THE SIND RENTED PREMISES ORDINANCE, 1979
1[(“3”) All other cases instituted under the Ordinance
mentioned in sub-section (1) and which immediately before the
commencement of this Ordinance were pending before a
Controller shall, notwithstanding any orders made otherwise by
the Controller, be continued and disposed in accordance with
the provisions of this Ordinance and any proceedings taken or
order made in any such cases as aforesaid shall for all purposes
have effect as proceedings taken or orders made under this
Ordinance.
(4) Notwithstanding the provisions of sub-section (2) all
orders made in pursuance thereof and any order made under
the Ordinance mentioned in sub-section (1) in any proceedings
before the commencement of this Ordinance shall be deemed
to have effect as an order under this Ordinance and be
executed in accordance with the provisions of section 22.”.]