Professional Documents
Culture Documents
Minor Act
Minor Act
(1) The Court may, if it thinks fit, whether the time (a) where an arbitration agreement provides that the
for making the award has reference shall be to one or more arbitrators to be
expired or not and whether the award has been made appointed by consent of the parties, and all the
or not, enlarge from time parties do not, after differences have arisen, concur
to time the time for making the award. in the appointment or appointments; or
(2) Any provision in an arbitration agreement
whereby the arbitrators or umpire (b) if any appointed arbitrator or umpire neglects or
may, except with the consent of all the parties to the refuses to act, or is incapable of acting, or dies, and
agreement, enlarge the the arbitration agreement does not show that it was
time for making the award, shall be void and of no intended that the vacancy should not be supplied,
effect. and the parties or the arbitrators, as the case may be,
do not supply the vacancy; or
(c) where the parties or the arbitrators are required (b)order that the arbitration agreement shall cease to
to appoint an umpire and do not appoint him; any have effect with respect to the difference referred.
party may serve the other parties or the arbitrators, (3) A person appointed under this section as an
as the case may be, with a written notice to concur arbitrator or umpire shall have the like power to act
in the appointment or appointments or in supplying in the reference and to make an award as if he had
the vacancy. been appointed in accordance with the arbitration
agreement.
2) If the appointment is not made within fifteen clear Section 11. Powers of arbitrator:
days after the service of the said notice, the Court The arbitrators or umpire shall, unless a different
may, on the application of the party who gave the intention is expressed in agreement,
notice and after giving the other parties an have power to
opportunity of being heard, appoint an arbitrator or (a) administer oath to the parties and witnesses
appearing;
arbitrators or umpire, as the case may be, who shall
(b) state a special case for the opinion of the Court
have like power to act in the reference and to make
on any question of law involved, or state the award,
an award as if he or they had been appointed by wholly or in part, in the form of a special case of
consent of all parties. such question for the opinion of the Court;
Section 9 Power to Court to remove arbitrators c) make the award conditional or in the alternative;
or umpire in certain circumstances: (d) correct in an award any clerical mistake or error
(1) The Court may, on the application of any party arising from any accidental slip or omission;
to a reference, remove an arbitrator or umpire who (e) administer to any party to arbitration such
fails to use all reasonable dispatch in entering on and interrogatories as may, in the opinion of the
proceeding with the reference and making an award. arbitrators or umpire, be necessary.
(2) The Court may remove an arbitrator or umpire Section 12. Award to be signed and filed:
who has misconducted himself or the proceedings. (1) When the arbitrators or umpire have made their
(3) Where an arbitrator or the umpire is removed award, they shall sign it and shall give notice in
under this section, he shall not be entitled to receive writing to the parties of the making and signing
any remuneration in respect of his services. (4) For thereof and of the amount of fees and charges
the purposes of this section the expression payable in respect of the arbitration and award.
“proceeding with the reference “includes, in a case (2) The arbitrators or umpire shall, at the request of
where reference to the umpire becomes necessary, any party to the arbitration agreement or any person
giving notice of that fact to the parties and to the claiming under such party or if so directed by the
umpire. Court and upon payment of the fees and charges due
in respect of the arbitration and award and of the
Section 10. Power of Court where arbitrator is costs and charges of filing the award, cause the
removed or his authority revoked: award or a signed copy of it, together with any
(1) Where the Court removes an umpire who has not depositions and documents which may have been
entered on the reference or one or more arbitrators taken and proved before them, to be filed in the
(not being all the arbitrators), the Court may, on the Court, and the Court shall thereupon give notice to
application of any party to the arbitration agreement, the parties of the filing of the award.
appoint persons to fill the vacancies. (3) Where the arbitrators or umpire state a special
(2) Where the authority of an arbitrator or arbitrators case under clause (b) of Section13, the Court, after
or an umpire is revoked by leave of the Court or giving notice to the parties and hearing them, shall
where the Court removes an umpire who has entered pronounce its opinion thereon and such opinion shall
on the reference or a sole arbitrator or all the be added to, and shall form part of, the award.
arbitrators, the Court may, on the application of any Section 13. Power of Court to modify award:
party to the arbitration agreement, either –(a) The Court may by order modify or correct an award
appoint a person to act as sole arbitrator in the place (a)Where it appears that a part of the award is upon
of the person or persons displaced, a matter not referred to arbitration and such part can
be separated from the other part and does not affect guardian of his property is appointed by a Court of
the decision on the matter referred; or Justice. Z attains majority at the first moment of the
(b) Where the award is imperfect in form, or twenty-eight day of February, 1970.
contains any obvious error which can be amended (c) Z is born on the first day of January, 1941. He
without affecting such decision; or acquires a domicile in Pakistan. No guardian is
(c) Where the award contains a clerical mistake or appointed of his person or property by any Court of
an error arising from an accidental slip or omission. Justice, nor is he under the jurisdiction of any Court
Section 14. Power to remit award: of Wards. Z attains majority at the first moment of
(1) The Court may from time to time remit the award the first day of January, 1960.
or any matter referred to arbitration to the arbitrators
or umpire for reconsideration upon such terms as it SECTION 3 Age of majority of persons
thinks fit domiciled in Pakistan.---Subject as aforesaid,
(a) where the award has left undetermined any of the [every minor of whose person or property, or both a
matters referred to arbitration, or where it guardian, other than a guardian for a suit within the
determines any matter not referred to arbitration, and meaning of [Order 32 of the First Schedule of the
such matters cannot be separated without affecting Code of Civil Procedure, 1908 (V of 1908) has been
the determination of the matters referred; or or shall be appointed or declared by any Court of
(b) where the award is so indefinite as to be Justice before the minor has attained the age of
incapable of execution; or eighteen years, and every minor of whose property
(c) where an objection to the legality of the award is the superintendence has been or shall be assumed by
apparent upon the fact of it. any Court of Wards before the minor has attained
(2) Where an award is remitted under sub-section (1) that age] shall, notwithstanding anything contained
the Court shall fix the time within which the in the that age shall, notwithstanding anything
arbitrator or umpire shall submit his decision to the contained in the [Succession Act, 1925 (XXXIX of
court: 1925)] or in any other enactment, his majority when
Provided that any time so fixed may be extended by he shall have completed his age of twenty-one years
subsequent order of the Court. and not before.
(3) An award remitted under sub-section (1) shall
become void on the failure of the arbitrator or
umpire to reconsider it and submit his decision Sindh rent act
within the time fixed.
Landlord not to interfere with amenities enjoyed
Majority Act by the tenant.
Section 4. Age of majority how computed. In
computing the age of any person, the day on which � (1) No landlord or his contractor, workman, or
he was born is to be included as a whole day, and he servant shall, without the previous consent of the
shall be deemed to have attained majority, if he falls Controller or save for the purpose of effecting
within the first paragraph of Section 3, at the repairs or complying with a requisition from a
beginning of the twenty-first anniversary of that day, Municipal Committee or Cantonment or Town
and if he halls within the second paragraph of Improvement Board, wilfully disturb any
Section 3, at the beginning of the eighteenth convenience or easement annexed to the premises or
anniversary of that day. remove, destroy or render unserviceable anything
Illustrations provided for permanent use therewith or discontinue
(a) Z is born in Pakistan on the first day of January, or cause to be discontinued any supply or service
1949 and has a Pakistani domicile. A guardian of his comprised in the fair rent.
person is appointed by a Court of Justice, Z attains
majority at the first moment on the first day of (2) � A tenant in occupation of a building or rented
January, 1970. land may, if the landlord has contravened the
(b) Z is born in Pakistan on the twenty-ninth day of provisions of this section, make an application to the
February, 1948, and has a Pakistani domicile. A Controller complaining of such contravention.
(3) � If the Controller, on inquiry, finds that the (4) � A landlord referred to in clause (b)of sub-
tenant has been in enjoyment of the amenities and section (1) or in sub-section (2) who is in occupation
that they were cut off or withheld by the landlord of a residential building owned by him shall not be
without just or sufficient cause, he shall make an entitled to seek ejectment of a tenant from a
order directing the landlord to restore such residential building situated in the locality in which
amenities. the building in occupation of the landlord is situated
unless he offers the building in his occupation in
Eviction of tenants where the landlord is a salaried exchange of the building in possession of the tenant
employee, widow or minor orphan. on such terms and conditions and on payment of
such rent as may be determined by the Controller:
� (1) Notwithstanding anything contained in this
Ordinance or any other law for the time being in force. �Provided that the benefit of exchange shall not be
available to the tenant who refuses to accept the offer
(a)� in a case where the landlord has died; or or the terms and conditions and the rate of rent
(b)� in a case where the landlord is a salaried determined by the Controller.
employee and has retired or is due to
retire within a period of six months; (5)� A tenant who on receipt of the notice referred
to in sub-section (1) fails to deliver vacant
a notice in writing may be given by such landlord or
possession of the building to the landlord or to the
the widow or minor of the deceased landlord as the
widow or minor orphan of the deceased landlord
case may be, to the tenant of a residential building
within the time allowed in the notice shall be liable
informing him that he or she needs the building for
to be ejected summarily by the Controller on an
personal use and requiring him to deliver vacant
application being made to him in this behalf.
possession of the building within a period of two
months from the date of receipt of the notice:
(6) � On an application being made to him under
sub-section (5) the Controller shall issue a notice to
� Provided that no application under this section
the tenant and on being satisfied with the bona
shall be maintainable if it is made after six months
fide of the request of the landlord or the widow or
from the date of the death of the landlord or, in the
minor orphan of a deceased landlord, shall order the
case of the retirement of a salaried person, before six
summary ejectment of the tenant.
months from or after six months of the date of his
retirement:
(7) � A landlord or a widow or orphan of a deceased
landlord referred to in sub-section (1) or sub-section
� Provided further that, in a case where the landlord
(2) who, within one year of his having obtained
has died or a salaried person has retired before the
possession of a building as provided for in sub-
commencement of this Ordinance[40] an application
section (6), relets the building to any person other
may be made within a period of six months from the
than the previous tenant, shall be punishable with
date of such commencement.
fine which may extend to Rs.5,000 unless the benefit
derived by the landlord is greater than the amount of
(2) � The right to seek ejectment under sub-section fine in which case it shall be equal to the annual rent
(1) shall also be available to a landlord of a residential obtained by him by reletting the building.]
building who is the wife, husband or a minor child of
a salaried employee referred to in sub-section (1).