Section 2: Definitions

2. Definitions. ___In this Act, unless there is anything repugnant in the subject or context,___ 3[(1) “Controller” means a judicial officer who is appointed by the Provincial Government to perform the functions of a Controller under this Act; ] (2) “fair rent” means___ (a) in relation to residential premises constructed before the 15th day of August, 1947,___ (i) the rent at which the premises were let on the first day of December 1941, or where they were not let on that date, the rent at which they were last let before that date, with the addition, in neither of the foregoing cases, of the permitted increase ; or (ii) in the case of any premises let under a lease for a period of five years or upwards commencing on or before the first day of January 1937, which has expired after the first day of December 1941, the rent fixed by such lease for the period including the first day of December, 1941, with the addition of the permitted increase ; or 1The Chief of Karachi has been authorised to exercise the powers and discharge the functions of the Central Government under section 2 (4) (b) (i) and section 3 of this Act, see Gaz. of P., 1953, Pt. I, p. 176. This Act has been repealed in its application to areas other than Cantonment areas by the West Pakistan Ordinance No. 38 of 1962, s. 3 (1) (with effect from the 1st July, 1963), see Gazette of West Pakistan, 1963, Ext., P. 2889. 2Subs. by A.O., 1964, Art. 2 and Sch. 3Subs. by the Karachi Rent Restriction (Amdt.) Ordinance No. XLVIII of 1962, s. 2. (iii) in any of the cases specified in section 12 such rent, as having regard to the provisions of this Act and the circumstances of the case, the Controller deems just; or (iv) in any other case, such rent as may be determined by the Controller having due regard to the prevailing rates of rent for the same or similar accommodation in similar circumstances during the twelve months prior to the first day of December 1941, and the permitted increase, and in the case of any premises which have been constructed after that date, also to any general increase in the cost of sites and building construction ; (b) in relation to premises other than residential premises constructed before the 15th day of August, 1947,___ (i) the rent at which the premises were let on the first day of December 1942, or where they were not let on that date, the rent at which they were last let before that date, with the addition, in either of the foregoing cases, of the permitted increase ; or (ii) in the case of any premises let under a lease for a period of five years or upwards commencing on or before the first day of January, 1938, which has expired after the first day of December, 1942, the rent fixed by such lease for the period including the first day of December 1942, with the addition of the permitted increase ; or (iii) in any other case, such rent as may be determined by the Controller having regard to the prevailing rates of rent for the same or similar accommodation in similar circumstances during the twelve months prior to the first day of December, 1942, and in the case of premises which have been constructed after that date, also to any general increase in the cost of sites and building construction ; (c) in relation to all premises, residential or otherwise, constructed after the 15th day of August 1947, such rent as shall secure to the landlord a net return of six per centum 1[and in the case of premises first let on or after the twentieth of October, 1959, eight per centum] per annum on the total cost, after deducting the taxes, insurance premium for insurance against fire and earthquake but not otherwise and an amount equal to one and a half per centum per annum of the total cost by way or expenses for maintenance and repairs. The total cost shall include the value of the land and the cost of the construction of the premises; (3) “landlord” means any person for the time being entitled to receive rent in respect of any premises whether on his own account or on account or on behalf or for the benefit of any other person or as a trustee, guardian or receiver for any other person, and includes any tenant, who, having been granted a lease of any premises by such landlord, sublets the same and every person from time to time deriving title under a landlord ; 1Ins. by the Karachi Rent Restriction (Amdt.) Ordinance No. XLVIII of 1962, s. 2. (4) “permitted increase” in relation to any premises means:___ (a) in a case to which clause (2) (a) (i) or clause (2) (a) (if) applies___ (i) twenty-five per centum of the rent of the premises let on the first day of December 1941, or where they were not let on that date, the rent at which they were last let before that date or the rent referred to in sub-clause (2) (a) (ii) ; and (ii) an amount not exceeding seven and a half per centum 1[, or in the case of any addition, improvement or alteration, made on or after the twentieth day of October, 1959, eight per centum] of the cost of any addition, improvement or alteration (not included in necessary repairs or repairs usually made to premises in the locality) made, at the land- lord’s expense, to or in the premises since the first day of December, 1941, or as the case may be, since the date when the premises were last let before that date ; (b) in a case to which clause (2) (b) (i) or clause (2) (b) (ii) applies___ (i) where the rent of the premises let on the first day of December,1942, or where they were not let on that date the rent at which they were last let before that date or the rent referred to in clause (2) (b) (ii) does not exceed fifty rupees per month, or where the premises are used for accommodating a school, a hospital dispensary, library, maternity home, nursing home, or such charitable or public institution as may be notified in this behalf by the 2[Federal Government] in the Official Gazette, ten per cent of the rent payable in each such case and in all other cases, fifty percent of such rent, and (ii) an amount not exceeding seven and a half per cent 1[, or in the case of any addition made after the 20th day of October, 1959, eight per centum] of the cost of any addition, improvement or alteration (not included in necessary repairs or repairs usually made to premises in the locality) made, at the landlord’s expense, to or in the premises since the first day of December, 1942, or, as the case may be, since the date when the premises were last let before that date ; (c) in a case to which clause 2 (c) applies, an amount which would secure to the landlord a net return of six per centum 1[, or in the case of any addition improvement or alteration made on or after the 20th day of October, 1959, eight per centum] per annum on the cost of any addition, improvement or alteration made by the landlord after allowing for the deductions referred to in clause 2 (c) ; 1Ins. by the Karachi Rent Restriction (Amdt.) Ordinance No. XLVIII of 1962, s. 2. 2Subs. by F.A.O., 1975, Art. 2 and Table. (5) “premises” means any building or part of a building let for any purpose and includes___ (i) the garden, grounds and out-houses, if any, appurtenant to such building or part of a building ; and (ii) any furniture supplied by the landlord for use in such building or part of a building ; but shall not include a room in a hotel or a lodging house ; (6) “residential premises” means premises let or occupied or intended to be let or occupied for residential purposes ; (7) “tenant” means any person by whom or on whose account rent is payable for any premises and includes every person from time to time deriving title under a tenant and also every person remaining in possession of the premises leased to him after the determination of the lease with or without the consent of the landlord.

Effective date: 1953-01-01

Related sections