(W.P. Ordinance XIX of 1963)
[6 June 1963]
An Ordinance to provide for measures to remove and
prevent traffic congestion and to regulate movement of vehicular traffic within
the Lahore Municipal Corporation, and to validate the actions taken under the
Martial Law order No. 112, issued by the Martial Law Administrator, Zone ‘B’
and the West Pakistan Ordinance No. XXI of 1962
WHEREAS the Martial Law Order No. 112 was
issued by the Martial Law Administrator, Zone ‘B’ on the 8th February 1962,
with effect from the 1st December, 1961, and on its repeal by President’s Order
No. 29 of 1962, it was continued by the Governor of West Pakistan by
promulgating the West Pakistan Martial Law Orders (Continuance in Force)
Ordinance, 1962 (West Pakistan Ordinance No. XXI of 1962);
AND
WHEREAS the validity of the said Martial Law Order and the said West Pakistan
Ordinance and the actions taken thereunder has been questioned;
AND
WHEREAS it is expedient to provide for measures to remove and prevent traffic
congestion and to regulate movement of vehicular traffic within the Lahore
Municipal Corporation and to validate the actions taken in pursuance of the
said Martial Law Order No.112 and the said West Pakistan Ordinance No. XXI of
1962;
AND
WHEREAS the Assembly of the Province of West Pakistan is not in session and the
Governor of West Pakistan is satisfied that circumstances exist which render
immediate legislation necessary;
Now,
THEREFORE, in exercise of the powers conferred on him by clause (1) of Article
79 of the Constitution, the Governor of West Pakistan is pleased to make and
promulgate the following Ordinance:-
1. Short
title and commencement.— (1) This Ordinance may be called the [3][3][Punjab] Bus Stands and Traffic Control (Lahore)
Ordinance, 1963.
(2) It shall come into force at once and
shall be deemed to have taken effect on and from the first day of December,
1961.
2. Prohibition of keeping bus stands.— No person, company or association plying
stage carriages to, from, or through the local limits of the Lahore Municipal
Corporation, shall keep any stand (adda) or use any place, including a highway,
road or street, within the said limits, for picking up or setting down the
passengers or halting the vehicles except under and in accordance with the
terms of an authority issued by the Commissioner, Lahore.
3. Truck
stands.—
No goods carrier shall, save for loading or unloading goods, halt at any place
within the local limits of Lahore Municipal Corporation other than a place
approved by the Commissioner, Lahore.
4. Provision
and maintenance of the bus stands.— The Commissioner, Lahore, may require the Lahore
Municipal Corporation, to provide and maintain bus stands at such places within
the municipal limits of the Corporation as may be approved by the Commissioner.
5. Construction
of bus stands, etc.— Notwithstanding anything to the contrary contained in
the Punjab Town Improvement Act, 1922 or any scheme sanctioned thereunder, the
Commissioner, Lahore, may direct the Lahore Improvement Trust to construct
temporary or permanent bus stands and approaches and roads leading from such
stands to any place or places within the limits of the Lahore Municipal
Corporation.
6. Powers of
the Commissioner.— Notwithstanding anything to the contrary contained in the Land
Acquisition Act, 1894 (Act I of 1894), the Town Improvement Act, 1922 (Punjab
Act IV of 1922) as amended by the Punjab Town Improvement (West Pakistan
Amendment) (Ordinance XVIII of 1962), the Municipal Administration Ordinance,
1960 (Ordinance No.X of 1960), or any other law for the time being in force, or
in any decree, judgment or order of any Court or Authority, the Commissioner,
Lahore, for the purposes of this Ordinance, may—
(a) acquire any land required for the bus stands,
approaches and roads and eject forcibly any person in possession thereof, on
payment of such compensation as the Commissioner deems fit on the principles
laid down in the Land Acquisition Act, 1894 (Act I of 1894);
(b) lay down the routes to be
followed by any stage carriage or goods carrier within the limits of the Lahore
Municipal Corporation;
(c) regulate timings of arrival and departure of
stage carriages plying from, to, or through the Lahore Municipal Corporation;
(d) frame rules for the administration of bus and
truck stands established under this Ordinance.
7. Officers
authorized to impound stage carriages and goods carriers.— Any stage carriage or
goods carrier found plying or at halt in contravention of the directions issued
by the Commissioner, Lahore, under this Ordinance shall be impounded by an
officer authorised by the Commissioner in this behalf, or by any police
officer, not below the rank of an Assistant Sub-Inspector. Any vehicle so
impounded shall not be released except by or under the orders of the
Commissioner, Lahore.
8. Payment of rent.— Any person, company or association using the
municipal bus stands in Lahore for operating stage carriages or using a truck
stand maintained by the Municipal Corporation, Lahore, or using land belonging
to the Municipal Corporation, Lahore, for running a truck stand shall pay such
rent to the Corporation as may be approved by the Commissioner, Lahore, in this
behalf. Any rent due from any such person, company or association shall be
recoverable as arrears of land revenue.
9. Delegation of powers.— The Commissioner, Lahore, may delegate any
of the powers vested in him under this Ordinance to any officer subordinate to
him, or to the Lahore Improvement Trust or the Lahore Municipal Corporation or
any officer thereof.
10. Exemption.— The Commissioner,
Lahore, may exempt any vehicle or class of vehicles from the operation of all
or any of provisions of this Ordinance.
11. Penalty.— Any person who
contravenes or attempts to contravene or abets the contravention of any
provisions of this Ordinance or any directions issued by the Commissioner,
Lahore, in pursuance of this Ordinance or the rules framed under clause (d) of section 6, shall be punishable
with imprisonment for a term which may extend to three years, or with fine
which may extend to five thousand rupees, or with both.
12. Validation.— Notwithstanding
anything to the contrary contained in the Land Acquisition Act, 1894 (Act I of
1894), the Town Improvement Act, 1922 (Punjab Act IV of 1922), as amended by
the Punjab Town Improvement (West Pakistan Amendment) (Ordinance No.XVIII of
1962), the Municipal Administration Ordinance, 1960 (Ordinance No.X of 1960),
or any other law for the time being in force, or in any decree, judgment or
order of any Court or Authority, anything done, possession taken or delivered,
ejectment made, compensation assessed or paid, allotment made, terms and
conditions settled, routes laid, timings fixed, rules framed, direction given
or order issued by the Commissioner, Lahore, the Lahore Improvement Trust,
Lahore Municipal Corporation, or any other authority in pursuance of the said
Martial Law Order No. 112 or the said West Pakistan Ordinance No. XXI of 1962,
shall be deemed to have been validly done, taken or delivered, made, assessed
or paid, made, settled, laid, fixed, framed, given or issued respectively under
this Ordinance and shall be continued.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 6th June, 1963; approved by the
Provincial Assembly of West Pakistan on 12th July, 1963, under clause (3) of
Article 79 of the Constitution of the Islamic Republic of Pakistan (1962); and,
published in the West Pakistan Gazette (Extraordinary), dated 12th July, 1963.
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[3][3]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
No comments:
Post a Comment