| |
|
 |
| For business information, annual reports, laws, ordinances, regulations and articles. |
|
|
|
010417
The Sinned Government Gazette
KARACHI, TUESDAY APRIL 17, 2001
PART I
GOVERNMENT OF SING
LAW DEPARTMENT
NOTIFICATION
Karachi, the 17th April, 2001
No. S.LEGIS:1(14)/2001.-- The following Ordinance made by the Governor of Sinned is hereby published for general information:-
THE SINNED RENTED PREMISES
(AMENDMENT)
ORDINANCE, 2001
Sinned Ordinance No. XIV of 2001
AN
ORDINANCE
to amend the Sinned Rented Premises Ordinance, 1979
WHEREAS it is expedient to amend the Sinned Rented Premises Preamble
Ordinance, 1979, in the manner hereinafter appearing;
AND WHEREAS the Provincial Assembly stands suspended in pursuance of the
Proclamation of the fourteenth day of October, 1999 , and the Provisional Constitution
Order No. 1 of 1999.
AND WHEREAS the Governor of Sinned is satisfied that circumstances exist
which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the aforesaid Proclamation and the
Provisional Constitution Order and with Provisional Constitution (Amendment) Order No. 9
of 1999, and in exercise of all powers enabling him in that behalf, the Governor of Sinned
is pleased to make and promulgate the following Ordinance:-
1. Short title and commencement.-- This Ordinance may be called the
Sinned Rented Premises (Amendment) Ordinance, 2001.
(2) It shall come into force at once.
2. Amendment of Section 4 of Sinned Ordinance No. XVII of 1979).- In the
Sinned Rented Premises Ordinance, 1979, hereunder referred to as the said Ordinance, in
section 4--
(i) in sub-section (2), the words "or First Class Magistrate" shall be omitted;
(ii) sub-section (3) shall be omitted.
3. Amendment of section 15 of Sinned Ordinance No. XVII of 1979.-- In the
said Ordinance, in section 15, in sub-section (2), in clause (ii), the semi colon at the
end shall be replaced by a colon and thereafter the following proviso shall be added:-
"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 rent claimed from him on or before the date to be
fixed for the purpose and upon such payment, he shall reject the application,"
4. Amendment of Section 16 of Sinned Ordinance No. XVII of 1979.-- In the
said Ordinance, in section 16, in sub-section (1), the full stop at the end shall be
replaced by a colon and thereafter the following proviso shall be added:-
"Provided that the Controller may direct that the arrears of rent and approximate
rent may be paid to the landlord through pay order, or by any other mode agreed to by the
parties, or as directed by the Controller."
5. Amendment of Section 21 of Sinned Ordinance No. XVII of 1979.-- In the
said Ordinance, in section 21:-
(i) in sub-section (1), for the words "High Court", the words "District
Judge having jurisdiction in the area where the premises in relation to which the order is
passed" shall be substituted;
(ii) after sub-section (1), the following new sub-sections shall be inserted:-
"(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 or 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, on its own motion without such notice--
(a) the appellate authority may 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."
6. Insertion of Section 21-A in Sinned Ordinance No. XVII of 1979.-- In
the said Ordinance, after section 21, the following new section shall be inserted:-
"21-A. All appeals filed under this Ordinance and pending in the High Court
immediately before the commencement of the Sinned Rented Premises (Amendment) Ordinance,
2001, shall stand transferred to the District Judge having jurisdiction as provided in
sub-section (1) of section 21, for disposal:
Provided that the appeals as are fixed for judgments shall be disposed by the High
Court."
Karachi:- Dated 14th April, 2001
Sd/-
MOHAMMEDIAN SOOMRO
GOVERNOR OF SINNED
Sd/-
SYED GHULAM NABI SHAH
SECRETARY TO GOVERNMENT OF SINNED LAW DEPARTMENT
|
|
|
|
|
|
| Home | About Us | Contact | Information Resources |