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THE FAMILY COURTS ACT, 1964

(Act XXXV of 1964)


CONTENTS

SECTION

HEADING

1.

Short title, extent and commencement.

2.

Definitions.

3.

Establishment of Family Courts.

4.

Qualifications of Judge.

5.

Jurisdiction.

6.

Place of sittings.

7.

Institution of suits.

8.

Intimation to defendant.

9.

Written statement.

10.

Pre-trial proceedings.

11.

Recording of evidence.

12.
12A.

Conclusion of trial.
Cases to be disposed of within a specified period.

13.

Enforcement of decrees.

14.

Appeals.

15.

Power of Family Court to summon witnesses.

16.

Contempt of Family Courts.

17.

Provisions of Evidence Act and Code of Civil Procedure not to


apply.

17A.

Suit for maintenance.

17B.

Power of the Court to issue Commission.

18.

Appearance through agents.

19.

Court fee.

20.

Family Court as Judicial Magistrate.

21.

Provisions of Muslim Family Laws Ordinance, 1961 not affected.

21A.

Interim order pending suit.

21B.

Intimation to Arbitration Council.

22.

Bar on the issue of injunctions by Family Court.

23.

Validity of marriages registered under the Muslim Family Laws


Ordinance, 1961, not to be questioned by Family Courts.

24.

Family Courts to inform Union Councils of cases not registered


under the Muslim Family Laws Ordinance, 1961.

25.

Family Court deemed to be a District Court for purposes of


Guardians and Wards Act, 1890.

25A.

Transfer of cases.

25B.

Stay of proceedings by the High Court and District Courts.

26.

Power to make rules.


SCHEDULE

1[1]

THE FAMILY COURTS ACT, 1964


(Act XXXV of 1964)
[18 July 1964]

An Act to make provision for the establishment of Family Courts.

Preamble.WHEREAS it is expedient to make provision for the


establishment of Family Courts for the expeditious settlement and disposal of
disputes relating to marriage and family affairs and for matters connected
therewith;
It is hereby enacted as follows:-

1.
Short title, extent and commencement. (1) This Act may be
called the 2[2][* * *] Family Courts Act, 1964.
3[3]

[(2) It shall extend to whole of the Punjab.]

1[1]For statement of objects and reasons see Gazette of West Pakistan (Extraordinary), dated 6th April, 1964, pages
1153-P to 1155-W.
This Act was passed by the West Pakistan Assembly on 30th June, 1964; assented to by
the Governor of West Pakistan on 14th July, 1964; and, published in the West Pakistan Gazette (Extraordinary),
dated 18th July, 1964, pages 2427-34.

2[2]The words West Pakistan omitted by the Family Court (Amendment) Act, 1996 (Federal Act X of 1996).

3[3]Substituted by the Family Courts (Amendment) Act 2015 (XI of 2015) for the following:(2) It extends to the whole of [Pakistan].
The word Pakistan was earlier substituted by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975), for the Province of
West Pakistan except the Tribal Areas.

(3) It shall come into force in such area or areas and on such date or
dates as Government may, by notification in the official Gazette, specify in
this behalf.
[(4)Nothing in this Act shall apply to any suit or any application under
the Guardians and Wards Act, 1890, pending for trial or hearing in any Court
immediately before the coming into force of this Act, and all such suits and
applications shall be heard and disposed of as if this Act was not in force.
4[4]

(5) Any suit, or any application under the Guardians and Wards Act,
1890, which was pending for trial or hearing in any Court immediately before
the coming into force of this Act, and which has been dismissed solely on the
ground that such suit or application is to be tried by a Family Court established
under this Act, shall, notwithstanding anything to the contrary contained in any
law, on petition made to it in that behalf by any party to the suit or application,
be tried and heard by such Court from the stage at which such suit or
application had reached at the time of its dismissal.]

2.
Definitions.5[5][(1)] In this Act, unless the context otherwise
requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say
(a) Arbitration Council and Chairman shall have the meanings
respectively assigned to them in the Muslim Family Laws Ordinance,
1961;
(b)
6[6]

Family Court means a Court constituted under this Act;

[(c) Government means Government of the Punjab;]

4[4]Added by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).
5[5]Section 2 re-numbered as sub-section (1) of that section by the West Pakistan Family Courts (Amendment)
Ordinance, 1966 (X of 1966).

6[6]Substituted by the Family Courts (Amendment) Act 2015 (XI of 2015) for the following:(c) Government means [the Provincial
Government].
The words the Provincial Government were earlier substituted by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975), for
the Government of West Pakistan.

(d) party shall include any person whose presence as such is considered
necessary for a proper decision of the dispute and whom the Family
Court adds as a party to such dispute;
(e)
prescribed means prescribed by rules made under this Act
[;]
8[8]

7[7]

[(f)Schedule means the Schedule appended to the Act; and


(g)
Union Council means a Union Council, Municipal Committee,
Cantonment Board, Union Administration or, in case of absence of
any of these local governments in a local area, any other comparable
body or authority constituted under any law relating to the local
governments or local authorities.]

[(2)Words and expressions used in this Act but not herein defined, shall
have the meanings respectively assigned to them in the Code of Civil
Procedure, 1908.]
9[9]

[3.Establishment of Family Courts. (1) Government shall establish


one or more Family Courts in each District or at such other place or places as
it may deem necessary and appoint a Judge for each of such Court:
10[10]

Provided that at least one Family Court in each District, shall be


presided over by a woman Judge to be appointed within a period of six
months or within such period as the 11[11][Government may extend].

7[7]Substituted for the full-stop by the Family Courts (Amendment) Act 2015 (XI of 2015).
8[8]Inserted by the Family Courts (Amendment) Act 2015 (XI of 2015).
9[9]New sub-section (2) added by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).
10[10]Substituted by the West Pakistan Family Courts (Amendment) Act, 1994 (Federal Act XXI of 1994).
11[11]Substituted by the Family Courts (Amendment) Act 2015 (XI of 2015) for Federal Government may, on the
request of Provincial Government, extend.

(2) A woman Judge may be appointed for more than one District and in such
cases the woman Judge may sit for the disposal of cases at such place or
places in either District, as the 12[12][*] Government may specify.
(3)
Government shall, in consultation with the High Court, appoint as many
woman Judges as may be necessary for the purposes of sub-section (1).]
[4.Qualifications of Judge. No person shall be appointed as a Judge
of a Family Court unless he is or has been 14[14][or is qualified to be appointed
as] a District Judge, an Additional District Judge, 15[15][a Civil Judge or a Qazi
appointed under the Dastur-ul-Amal Diwani, Riasat Kalat].
13[13]

5.Jurisdiction.16[16][1] Subject to the provisions of the Muslim Family Laws


Ordinance, 1961, and the Conciliation Courts Ordinance, 1961, the Family
Courts shall have exclusive jurisdiction to entertain, hear and adjudicate
upon matters specified in 17[17][Part I of the Schedule].
[(2) Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (Act V of 1898), the Family Court shall have jurisdiction to
try the offences specified in Part II of the Schedule, where one of the
spouses is victim of an offence committed by the other.]
18[18]

[(3) The Government may amend the Schedule through addition,


deletion or substitution of any entry in the Schedule.]
19[19]

12[12]The word Provincial omitted by the Family Courts (Amendment) Act 2015 (XI of 2015).
13[13]Substituted by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).
14[14]Inserted by the West Pakistan Family Courts (Amendment) Act, 1994 (Federal Act XXI of 1994).
15[15]Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), for a Civil Judge.
16[16]Section 5 re-numbered as sub-section (1) by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
17[17]Substituted for the Schedule by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
18[18]New sub-section (2) added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

19[19]The following sub-section (3) was added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002) and substituted by the
Family Courts (Amendment) Act 2015 (XI of 2015):(3) The High Court may, with the approval of the Government, amend the Schedule so
as to alter, delete or add any entry thereto.

6.Place of sittings. Subject to any general or special orders of


Government in this behalf a Family Court shall hold its sittings at such place
or places within 20[20][the District or area for which it is established] as may
be specified by the District Judge.

7.Institution of suits. (1) Every suit before a Family Court shall be


instituted by the presentation of a plaint or in such other manner and in such
Court as may be prescribed.
(2) The plaint shall contain all 21[21][material] facts relating to the
dispute and shall contain a Schedule giving the number of witnesses
intended to be produced in support of the plaint, the names and addresses
of the witnesses and brief summary of the facts to which they would depose:
[Provided that a plaint for dissolution of marriage may contain all
claims relating to dowry, maintenance, dower, personal property and
belongings of wife, custody of children and visitation rights of parents to
meet their children:]
22[22]

Provided 23[23][further] that parties may, with the permission of the Court, call
any witness at any later stage, if the Court considers such evidence
expedient in the interest of justice.
[(3)(i) Where a plaintiff sues or relies upon a document in his possession
or power, he shall produce it in court when the plaint is presented, and shall
24[24]

20[20]Substituted by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966), for the Districts.
21[21]Inserted by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).
22[22]Inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
23[23]Inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
24[24]Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969).

at the same time, deliver the document or a copy thereof to be filed with the
plaint.
(ii)
Where he relies on any other document not in his possession or
power, as evidence in support of his claim, he shall enter such documents in
a list to be appended to the plaint 25[25][giving reasons of relevancy of these
documents to the claim in the plaint].]
(4) The plaint shall be accompanied by as many duplicate copies thereof
including the Schedule and the lists of documents referred to in sub-section
(3), as there are defendants in the suit, for service upon the defendants.

25[25]Added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

[8. Intimation to defendant. (1) When a plaint is presented to a


Family Court, it shall:
26[26]

(a) fix a date which shall not be more than fifteen days for the
appearance of the defendant;
(b) within two days of the presentation of the plaint, sent a notice or
summons of the suit to a defendant through a process serving
agency of the Family Court, registered post acknowledgment due,
electronically or through courier, together with a copy of the plaint,
a copy of the schedule referred to in subsection (2) of section 7 and
copies of the documents and a list of documents referred to in
subsection (3) of section 7; and

26[26]The following section 8, having been previously substituted by the West Pakistan Family Courts (Amendment)
Act, 1969 (I of 1969), and successively been amended by various enactments, was substituted by the Family C ourts
(Amendment) Act 2015 (XI of 2015):8. Intimation to defendants. (1) When a plaint is presented to a Family
Court, it
(a)[shall] fix a date [* *] of not more than thirty days for the appearance of the defendant;
(b) shall issue summons to the defendant to appear on a date specified therein;
[(c) shall, within three days of the presentation of the plaint, send to each defendant, by registered post,
acknowledgment due, [or by courier service or by both] a notice of the suit, together with a copy of the
plaint, a copy of the Schedule referred to in sub-section (2) of section 7 and copies of the documents
and a list of documents referred to in sub-section (3) of the said section].
(2) Every summons issued under clause (b) of sub-section (1) shall be accompanied by a copy of the plaint, a
copy of the Schedule referred to in sub-section (2) of section 7, and copies of the documents and list of documents
referred to in sub-section (3) of the said section.
[(3) * * ** * * *]
(4)
Service of the plaint and its accompaniments in the manner provided in clause ( b) or clause (c) of
sub-section (1) shall be deemed to be due service of the plaint upon the defendant.
(5)
Every notice and its accompaniments under clause (c) of sub-section (1) shall be served at the expense
of the plaintiff. The postal charges for such service shall be deposited by the plaintiff at the time of filing the plaint.
(6)
Summons issued under clause (b) of sub-section (1) shall be served in the manner provided in the
Code of Civil Procedure, 1908, Order V, Rules 9, 10, 11, 16, 17, 18, 19, [20,] 21, 23, 24, 26, 27, 28 and 29. The cost
of such summons shall be assessed and paid as for summons issued under the Code of Civil Procedure, 1908.
Explanation [* * * *]

(c) direct that the notice or summons issued under clause (b) also be
served through affixation and shall simultaneously issue a
proclamation in a newspaper.
(2) While issuing the notice or summons to a defendant, the Family
Court shall require the defendant to submit a written statement on the day
mentioned in the notice or summons.]

[9.Written statement.28[28][(1) On the date fixed under section 8, the


defendant shall appear before the Family Court and file the written
statement, a list of witnesses and gist of evidence, and in case the written
statement is not filed on that date, the Family Court may, for any sufficient
reasons which prevented the defendant from submitting the written
statement, allow the defendant to submit the written statement and other
documents on the next date which shall not exceed fifteen days from that
date.]
27[27]

[(la) A defendant husband may, where no earlier suit for restitution of


conjugal rights is pending, claim for a decree of restitution of conjugal rights
in his written statement to a suit for dissolution of marriage or maintenance,
which shall be deemed as a plaint and no separate suit shall lie for it.
29[29]

(1b) A defendant wife may, in the written statement to a suit for


restitution of conjugal rights, make a claim for dissolution of marriage
including khula which shall be deemed as a plaint and no separate suit shall
lie for it: Provided that the proviso to sub-section (4) of Section 10 shall
apply where the decree for dissolution of marriage is to be passed on the
ground of khula.]
(2) Where a defendant relies upon a document in his possession or power,
he shall produce it or copy thereof in the Court alongwith the written
statement.
27[27]Substituted by the West Pakistan Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 1971).

28[28]Substituted by the Family Courts (Amendment) Act 2015 (XI of 2015) for the following:(1) On the date fixed-under clause (a) of
sub-section (1) of section 8, the plaintiff and the defendant shall appear before the Family Court and the defendant shall file his written
statement, and attach therewith a list of his witnesses alongwith a precis of the evidence that each witness is expected to give.

29[29]New subsections (1a) and (1b) inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

(3) Where he relies on any other document, not in his possession or


power, as evidence in support of his written statement, he shall enter such
documents in a list to be appended to the written statement 30[30][giving
reasons of relevancy of these documents to the defence in the written
statement].
(4) Copies of the written statement, list of witnesses and precis of
evidence referred to in sub-section (1) and the documents referred to in
sub-section (2) shall be given to the plaintiff, his agent or advocate present
in the Court.
(5) If the defendant fails to appear on the date fixed by the Family
Court for his appearance, then
(a) if it is proved that the summons or notice was duly served on the
defendant, the Family Court may proceed ex parte; provided that
where the Family Court has adjourned the hearing of the suit ex parte,
and defendant at or before such hearing appears and assigns good
cause for his previous non-appearance, he may, upon such terms as
the Family Court directs, be heared in answer to the suit as if he had
appeared on the day fixed for his appearance; and
(b) if it is not proved that the defendant was duly served as provided
in sub-section (4) of section 8, the Family Court shall issue fresh
summons and notices to the defendant and cause the same to be
served in the manner provided in clauses (b) and (c) of sub-section
(1) of section 8.
[(5A)If the defendant fails to submit the written statement on or
before the date under subsection (1), the defence of the defendant shall
stand struck off and the Family Court shall decide the case under the law.]
31[31]

(6) In any case in which a decree is passed ex parte against a


defendant under this Act, he may apply within 32[32][thirty days of the service
of notice under sub-section (7) of the passing of the decree] to the Family
Court by which the decree was passed for an order to set it aside, and if he
satisfies the Family Court that he was not duly served, or that he was
30[30]Added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
31[31]Inserted by the Family Courts (Amendment) Act 2015 (XI of 2015).
32[32]Substituted for the words reasonable time of the passing thereof by the Family Courts (Amendment)
Ordinance 2002 (LV of 2002).

prevented by any sufficient cause from appearing when the suit was heard or
called for hearing, the Family Court shall, after service of notice on the
plaintiff, and on such terms as to costs as it deems fit, make an order for
setting aside the decree as against him, and shall appoint a day for
proceeding with the suit; provided that where the decree is of such a nature
that it cannot be set aside as against such defendant only, it may be set aside
against all or any of the other defendants also.]
[(7) The notice of passing of the ex-parte decree referred to in subsection (6) shall be sent to the defendant by the Family Court together with
a certified copy of the decree within three days of the passing of the decree,
through process server or by registered post, acknowledgement due, or
through courier service or any other mode or manner as it may deem fit.
33[33]

(8)Service of notice and its accompaniment in the manner provided in


sub-section (7) shall be deemed to be due service of the notice and decree
on the defendant.]
10. Pre-trial proceedings.34[34][(1) When the written statement is filed,
the Court shall fix an early date for a pre-trial hearing of the case.]
(2) On the date so fixed, the Court shall examine the plaint, the written
statement (if any) and the precis of evidence and documents filed by the
parties and shall also, if it so deems fit, hear the parties and their counsel.
[(3) The Family Court may, at the pre-trial stage, ascertain the
precise points of controversy between the parties and attempt to effect
compromise between the parties.]
35[35]

33[33]New sub-sections (7) and (8) added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
34[34]Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969).

35[35]Substituted by the Family Courts (Amendment) Act 2015 (XI of 2015) for the following:(3)At the pre-trial, the Court shall
ascertain the points at issue between the parties and attempt to effect a compromise or reconciliation between the parties, if this be
possible.

[(4) Subject to subsection (5), if compromise is not possible


between the parties, the Family Court may, if necessary, frame precise
points of controversy and record evidence of the parties.]
36[36]

[(5) In a suit for dissolution of marriage, if reconciliation fails, the


Family Court shall immediately pass a decree for dissolution of marriage
and, in case of dissolution of marriage through khula, may direct the wife to
surrender up to fifty percent of her deferred dower or up to twenty-five
percent of her admitted prompt dower to the husband.]
37[37]

[(6) Subject to subsection (5), in the decree for dissolution of marriage,


the Family Court shall direct the husband to pay whole or part of the
outstanding deferred dower to the wife.]
38[38]

11.Recording of evidence. (1) On the date fixed for 39[39][recording of the


evidence] the Family Court shall examine the witnesses produced by the
parties in such order as it deems fit.
[(1A)The Family Court shall record or cause to be recorded, the
substance of the statement of a witness or may record or cause to be
recorded, the statement of a witness through audio or video recording.]
40[40]

(2) The Court shall not issue any summons for the appearance of
any witness unless, within three days of the framing of issues, any party
36[36]Substituted

by the Family Courts (Amendment) Act 2015 (XI of 2015) for the following:(4)If no
compromise or reconciliation is possible the Court shall frame the issues in the case and fix a date for
recording of evidence:
Provided that notwithstanding any decision or judgment of any Court or tribunal, the Family Court in a suit for dissolution of
marriage, if reconciliation fails, shall pass decree for dissolution of marriage forthwith and shall also restore to the husband the
HaqMehr received by the wife in consideration of marriage at the time of marriage.

37[37]New sub-section (5) inserted by the Family Courts (Amendment) Act 2015 (XI of 2015).
38[38]New sub-section (6) inserted by the Family Courts (Amendment) Act 2015 (XI of 2015).
39[39]Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), for the hearing of the
evidence.

40[40]New sub-section (1A) inserted by the Family Courts (Amendment) Act 2015 (XI of 2015).

intimates the Court that it desires a witness to be summoned through the


Court and the Court is satisfied that it is not possible or practicable for such
party to produce the witness.
41[41]

[(3)The witnesses shall give their evidence in their own words:

Provided that the parties or their counsel may further examine, crossexamine or re-examine the witnesses:
Provided further that the Family Court may forbid any question which
it regards as indecent, scandalous or frivolous or which appears to it to be
intended to insult or annoy or needlessly offensive in form.]
[(3A)The Family Court may, if it so deems fit, put any question to any
witness for the purposes of elucidation of any point which it considers
material in the case.]
42[42]

(4) The Family Court may permit the evidence of any witness to be
given by means of an affidavit:
Provided that if the Court deems fit it may call such witness for the
purpose of examination in accordance with sub-section (3).

12. Conclusion of trial. (1) After the close of evidence of both sides, the
Family Court shall make another effort to effect a compromise or
reconciliation between the parties 43[43][within a period not exceeding fifteen
days].
(2) If such compromise or reconciliation is not possible, the Family Court
shall announce its judgement and give a decree.

[12A. Cases to be disposed of within a specified period. The


Family Court shall dispose of a case, including a suit for dissolution of
marriage, within a period of six months from the date of institution:
44[44]

41[41]Substituted by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969).
42[42]Added by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969).
43[43]Added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

Provided that where a case is not disposed of within six months, either
party shall have a right to make an application to the High Court for
necessary direction as the High Court may deem fit.]

13. Enforcement of decrees. (1) The Family Court shall pass a decree in
such form and in such manner as may be prescribed, and shall enter its
particulars in the prescribed register.
(2)
If any money is paid or any property is delivered in the presence of
the Family Court, in satisfaction of the decree, it shall enter the fact of payment
45[45]
[or] the delivery of property, as the case may be, in the aforesaid register.
(3) Where a decree relates to the payment of money and the decretal
amount is not paid within time specified by the Court 46[46][not exceeding
thirty days], the same shall, if the Court so directs be recovered as arrears
of land revenue, and on recovery shall be paid to the decree-holder.
(4) The decree shall be executed by the Court, passing it or by such other
Civil Court as the District Judge may, by special or general order, direct.
(5) A Family Court may, if it so deems fit, direct that any money to be
paid under a decree passed by it be paid in such installments as it deems fit.

44[44]The following section 12A was added by the Family Courts (Amendment) Act, 1996 (Federal Act X of
1996) and substituted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002):12A.Certain
cases to be disposed of within a specified period. Notwithstanding anything contained
hereinbefore, a suit for dissolution of marriage shall finally be disposed of within a period of four months
from its institution:
Provided that where an appeal lies against the dissolution of marriage, such appeal shall be disposed of within four months.

45[45]Substituted, for the word and, by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).
46[46]Inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

14. Appeals.47[47][(1) Notwithstanding anything provided in any other law


for the time being in force, a decision given or a decree passed by a Family
Court shall be appealable
(a) to the High Court, where the Family Court is presided over by a District
Judge, an Additional District Judge or a person notified by
Government to be of the rank and status of a District Judge or an
Additional District Judge; and
(b)
(2)

to the District Court, in any other case.]


No appeal shall lie from a decree passed by Family Court

(a) for dissolution of marriage, except in the case of dissolution for


reasons specified in clause (a) of item (viii) of section 2 of the
Dissolution of Muslim Marriages Act, 1939;
(b) for dower
thousand];
(c)

48[48]

[or dowry] not exceeding rupees

for maintenance of rupees

50[50]

49[49]

[one hundred

[five thousand] or less per month.

[(3) No appeal or revision shall lie against an interim order passed by a


Family Court.
51[51]

(4) The appellate Court referred to in sub-section (1) shall dispose of the
appeal within a period of four months.]
15. Power of Family Court to summon witnesses. (1) A Family Court
may issue summons to any person to appear and give evidence, or to
produce or cause the production of any document:
47[47]Substituted by the West Pakistan Family Courts (Amendment) Ordinance, 1966 (X of 1966).
48[48]Inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
49[49]Substituted previously by the Family Courts (Amendment) Ordinance 2002 (LV of 2002) for fifteen thousand
and then by the Family Courts (Amendment) Act 2015 (XI of 2015) for thirty thousand.

50[50]Substituted previously by the Family Courts (Amendment) Ordinance 2002 (LV of 2002) for five hundred
and then by the Family Courts (Amendment) Act 2015 (XI of 2015) for one thousand.

51[51]New sub-sections (3) and (4) added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

Provided that
(a)
no person who is exempt from personal appearance in a Court
under sub-section (1) of section 133 of the Code of Civil Procedure,
1908, shall be required to appear in person;
(b)
a Family Court may refuse to summon a witness or to enforce a
summons already issued against a witness when, in the opinion of the
Court, the attendance of the witness cannot be procured without such
delay, expense or inconvenience as in the circumstances would be
unreasonable.
(2) If any person to whom a Family Court has issued summons to
appear and give evidence or to cause the production of any document before
it, willfully disobeys such summons, the Family Court may take cognizance of
such disobedience, and after giving such opportunity to explain, sentence
him to a fine 52[52][of five thousand] rupees.

16.Contempt of Family Courts. A person shall be guilty of contempt of


the Family Court if he without lawful excuse
(a)

offers any insult to the Family Court; or

(b)

causes an interruption in the work of the Family Court; or

53[53]

[(bb) misbehaves with any person in the Court premises or uses


abusive language; threats or uses physical force or intimidates in any
form; or]

(c) refuses to answer any question put by the Family Court, which he is
bound to answer; or
(d)
refuses to take oath to state the truth or to sign any statement
made by him in the Family Court;
and the Family Court may forthwith try such person for such contempt and
sentence him to a fine not exceeding rupees 54[54][two thousand].

52[52]Substituted for not exceeding one thousand by the Family Courts (Amendment) Act 2015 (XI of 2015).
53[53]Inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

17.Provisions of Evidence Act and Code of Civil Procedure not to


apply. (1) Save as otherwise expressly provided by or under this Act, the
provisions of the 55[55][Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984)], and
the Code of Civil Procedure, 1908, 56[56][except sections 10 and 11,] shall not
apply to proceedings before any Family Court 57[57][in respect of Part I of
Schedule].
(2) Sections 8 to 11 of the Oaths Act, 1872, shall apply to all proceedings
before the Family Courts.

[17A. Suit for maintenance. (1)In a suit for maintenance, the Family
Court shall, on the date of the first appearance of the defendant, fix interim
monthly maintenance for wife or a child and if the defendant fails to pay the
maintenance by fourteen day of each month, the defence of the defendant
shall stand struck off and the Family Court shall decree the suit for
maintenance on the basis of averments in the plaint and other supporting
documents on record of the case.
58[58]

(2)

In a decree for maintenance, the Family Court may:

(a)
fix an amount of maintenance higher than the amount
prayed for in the plaint due to afflux of time or any other
relevant circumstances; and
(b)
prescribe the annual increase in the maintenance.

54[54]Substituted for the word two hundred by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
55[55]Substituted for Evidence Act, 1872 by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
56[56]Inserted by the West Pakistan Family Courts (Amendment) Act, 1967 (XV of 1967).
57[57]Added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

58[58]The following new section 17A was inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002) and substituted
by the Family Courts (Amendment) Act 2015 (XI of 2015):17A. Interim order for maintenance.At any stage of proceedings in a
suit for maintenance, the Family Court may pass an interim order for maintenance, whereunder the payment shall be made by the
fourteenth of each month, failing which the Court may strike off the defence of the defendant and decree the suit.

(3) If the Family Court does not prescribe the annual increase
in the maintenance, the maintenance fixed by the Court shall automatically
stand increased at the rate of ten percent each year.
(4) For purposes of fixing the maintenance, the Family Court
may summon the relevant documentary evidence from any organization,
body or authority to determine the estate and resources of the defendant.]
[17B. Power of the Court to issue Commission. Subject to such
conditions and limitations as may be prescribed, the Court may issue a
Commission to,59[59]

(a) examine any person;


(b) make a local investigation; and
(c) inspect any property or document.]

18.Appearance through agents. If a person required under this Act to


appear before a Family Court, otherwise than as a witness, is a pardah
nashin lady, the Family Court may permit her to be represented by a duly
authorised agent.

[19. Court fee.Notwithstanding anything contained in the Court Fees


Act, 1870 (VII of 1870), the Court fee to be paid on any plaint or
memorandum of appeal shall be rupees fifteen for any kind of suit or appeal
under this Act.]
60[60]

59[59]New section added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
60[60]Substituted

by the Family Courts (Amendment) Ordinance 2002 (LV of 2002) for the
following:19.Court fees. Notwithstanding anything to the contrary contained in the Court Fees Act,
1872, the court fees to be paid on any plaint filed before a Family Court shall be rupee [fifteen] for any
kind of suit.
The word in crotchets was earlier substituted by the Punjab Finance Act, 1973 (XIV of 1973), for one.

[20. Family Court as Judicial Magistrate. (1) A Family Court shall


be deemed as the Judicial Magistrate of the first class under the Code of
Criminal Procedure, 1898 (V of 1898) for taking cognizance and trial of any
offence under this Act; the Muslim Family Laws Ordinance, 1961 (VIII of
1961); and, the Child Marriage Restraint Act, 1929 (XIX of 1929).
61[61]

(2) A Family Court shall conduct the trial of an offence under subsection
(1) in accordance with the provisions of Chapter XXII of the Code of Criminal
Procedure, 1898 (V of 1898) relating to the summary trials.
(3) An offence other than contempt of a Family Court shall be
cognizable on the complaint of the Union Council, Arbitration Council or the
aggrieved party.]

[21.Provisions of Muslim Family Laws Ordinance, 1961 not


affected. Nothing in this Act shall be deemed to affect any of the provisions
of Muslims Family Laws Ordinance, 1961, or the rules made thereunder.]
62[62]

[21A. Interim order pending suit. The Family Court may pass an
interim order to preserve and protect any property in dispute in a suit .and
63[63]

61[61]

Section 20 substituted by the Family Courts (Amendment) Act 2015 (XI of 2015). At the time of first
substitution by the Family Courts (Amendment) Ordinance 2002 (LV of 2002), the original section 20 read as under:
20.Investment of powers of Magistrates on Judges. Government may invest any Judge of a Family
Court with powers of Magistrate First Class to [make order for maintenance] under section 488 of the Code
of Criminal Procedure, 1898.
[Note: The words in crotchets had been substituted by the Punjab Finance Act, 1973 (XIV of 1973), for to
hear the case.]

After substitution by the Family Courts (Amendment) Ordinance 2002 (LV of 2002), section 20 read as under:
20. Family Court to exercise the powers of the Judicial Magistrate.A Family Court shall have and
exercise all the powers of a Judicial Magistrate of the First Class under the Code of Criminal Procedure,
1898 (Act V of 1898).

62[62]Substituted by the West Pakistan Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 1971).
63[63]New section inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

any other property of a party to the suit, the preservation of which is


considered necessary for satisfaction of the decree, if and when passed.]

[21B.Intimation to Arbitration Council. If a Family Court decrees


dissolution of a Muslim marriage, the Family Court shall immediately but not
later than three days from the decree send by registered post or other
means a certified copy of the decree to the concerned Chairman of the
Arbitration Council and upon receipt of the decree, the Chairman shall
proceed as if he had received intimation of Talaq under the Muslim Family
Laws Ordinance, 1961 (VIII of 1961).]
64[64]

22. Bar on the issue of injunctions by Family Court. A Family Court


shall not have the power to issue an injunction to, or stay any proceedings
pending before, a Chairman or an Arbitration Council.

23. Validity of marriages registered under the Muslim Family Laws


Ordinance, 1961, not to be questioned by Family Courts. A Family
Court shall not question the validity of any marriage registered in accordance
with the provisions of the Muslim Family Laws Ordinance, 1961, nor shall any
evidence in regard thereto be admissible before such Court.

24. Family Courts to inform Union Councils of cases not registered


under the Muslim Family Laws Ordinance, 1961. If in any proceedings
before a Family Court it is brought to the notice of the Court that a marriage
solemnized under the Muslim Law after the coming into force of the Muslim
Family Laws Ordinance, 1961, has not been registered in accordance with
the provisions of the said Ordinance and the rules framed thereunder, the
Court shall communicate such fact in writing to the Union Council for the
area where the marriage was solemnized.

25. Family Court deemed to be a District Court for purposes of


Guardians and Wards Act, 1890. A Family Court shall be deemed to be a
64[64]New section inserted by the Family Courts (Amendment) Act 2015 (XI of 2015).

District Court for the purposes of the Guardians and Wards Act, 1890, and
notwithstanding anything contained in this Act, shall, in dealing with matters
specified in that Act, follow the procedure prescribed in that Act.

[25A.Transfer of cases. (1) Notwithstanding anything contained in


any law the High Court may, either on the application of any party or of its
own accord, by an order in writing
65[65]

(a) transfer any suit or proceeding under this Act from one Family
Court to another Family Court in the same district or from a Family
Court of one district to a Family Court of another district; and
(b) transfer any appeal or proceeding under this Act, from the
District Court of one district to the District Court of another
district.
(2) A District Court may, either on the application of any party or of
its own accord, by an order in writing, transfer any suit or proceeding under
this Act from one Family Court to another Family Court in a district or to
itself and dispose it of as a Family Court.
[(2a) Where a Family Court remains vacant or the presiding officer
remains on leave or absent for any reason, except due to vacations, for
more than thirty days a District Court may, either on the application of any
party or of its own accord, by order in writing, transfer any suit or
proceeding from such Family Court to another Family Court in a District or to
itself and disposed it of as a Family Court.
66[66]

(2b) On the application of any of the parties and after notice to. the
parties and after hearing such of them as desire to be heard, or of its own
motion without such notice, the Supreme Court may at any stage transfer
any suit, appeal or other proceedings under this Act pending before a Court
in one Province to a Court in another Province, competent to try or dispose
of the same.]
(3) Any Court to which a suit, appeal or proceeding is transferred under
the preceding sub-sections, shall, notwithstanding anything contained in this
65[65]Added by the West Pakistan Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 1971).
66[66]New sub-sections (2a) and (2b) inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

Act, have the jurisdiction to dispose it of in the manner as if it were


instituted or filed before it:
Provided that on the transfer of a suit, it shall not be necessary to
commence the proceedings before the succeeding Judge de novo unless the
Judge, for reasons to be recorded in writing directs otherwise.]

[25B.Stay of proceedings by the High Court and District Courts.


Any suit, appeal or proceeding under this Act, may be stayed
67[67]

(a) by the District Court, if the suit or proceeding is pending before a


Family Court within its jurisdiction; and
(b)

by the High Court, in the case of any suit, appeal or proceeding


[:] ]

68[68]

[Provided that the stay application shall be finally decided by the


District Court or the High Court, as the case may be, within thirty days
failing which the interim stay order shall cease to be operative.]
69[69]

26.Power to make rules. (1) Government may, by notification in the


official Gazette, make rules to carry into effect the provisions of this Act.
(2) Without prejudice to the generality of the provisions contained in
sub-section (1), the rules so made may, among other matters, provide for
the procedure, which shall not be inconsistent with the provisions of this Act,
to be followed by the Family Courts.

SCHEDULE
[SEE SECTION 5]
70[70]

[PART I]

67[67]Added by the West Pakistan Family Courts (Punjab Amendment) Ordinance, 1971 (XXIV of 1971).
68[68]Substituted for the full-stop by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
69[69]Added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

1.Dissolution of marriage

71[71]

[including Khula].

2.Dower.
3.

Maintenance.

4.

Restitution of conjugal rights.

5. Custody of children
them].

72[72]

[and the visitation rights of parents to meet

6.Guardianship.
73[73]

[7.Jactitation of marriage.]

74[74]

[8.

Dowry.]

[9.
The personal property and belongings of a wife and a child living
with his mother.
75[75]

10. Any other matter arising out of the Nikahnama.]

70[70]Inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).


71[71]Inserted by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
72[72]Added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).
73[73]Added by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969).
74[74]Added

by the Family Courts (Amendment) Act, 1997 (Federal Act VII of 1997). Note: This amendment shall
not effect pending cases (section 3 ibid).

75[75]The following new entry 9 was added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002) and
substituted by the Family Courts (Amendment) Act 2015 (XI of 2015):9.Personal property and belongings of a
wife.

76[76]

[PART II

Offences and aid and abetment thereof under Section 337A (i), 337F (i),341,
342, 343, 344, 345, 346, 352 and 509 of the Pakistan Penal Code (Act XLV
of l860)]

THE PUNJAB RENTED PREMISES ACT 2009


(Act VII of 2009)
CONTENTS

SECTION

HEADING

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.

76[76]Added by the Family Courts (Amendment) Ordinance 2002 (LV of 2002).

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

THE PUNJAB RENTED PREMISES ACT 2009

[1]

(Act VII of 2009)


[17 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) buildingmeans 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 ordermeans 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) Governmentmeans the Government of the Punjab;
(d)landlordmeans 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) pagriincludes any amount received by a landlord at the time of grant
or renewal of a tenancy except advance rent or security;
(f) premisesmeans a building or rented land not being an agricultural
land or land subservient to agriculture;
(g) prescribedmeans prescribed by the rules made under the Act;
(h) rentincludes 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 Tribunalmeans a Rent Tribunal established under the Act;

(k) Special Judge (Rent)means a Special Judge (Rent) appointed


under the Act;
(l) tenantmeans 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 agreementmeans an agreement in writing by which a
landlord lets out a premises to a tenant.

3. Exemption.TheGovernment 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) particularsof 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 theRent
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 aRent 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 exparte 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


reply, stating grounds on which the leave is sought and
accompanied by an affidavit of the respondent, copy of all
documents in his possession and, if desired, affidavits of not more
witnesses.

a written
shall be
relevant
than two

(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)TheGovernment 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)

[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 1591-98.