The Traffic
Offences’ (Special Courts’) Ordinance, 1981
Ordinance No. XXXIX of 1981
An Ordinance
to constitute Special Courts for
the speedy disposal of cases pertaining to traffic offences.
Whereas
it is expedient to constitute Special Courts for the speedy disposal of cases
pertaining to traffic offences and for matters connected therewith and
ancillary thereto;
and
whereas the President is satisfied that circumstances exist which render it
necessary to take immediate action;
Now,
therefore, in pursuance of the Proclamation of the fifth day of July, 1977,
read with the Provisional Constitution Order, 1981, and in exercise of all
powers enabling him in that behalf, the President is pleased to make and
promulgate the following Ordinance:—
l.— Short title, extent and
commencement. (l) This Ordinance may be
called the Traffic Offences’ (Special Courts) Ordinance, 1981.
(2)
It extends to the whole of Pakistan
(3)
It shall come into force at once.
2. Definitions. In
this Ordinance, unless there is anything repugnant in the subject or context,—
(a)
“Special Court ” means a Special Court constituted under section 3; and
(b)
“traffic offence” means an offence punishable under V the Provincial Motor
Vehicles Ordinance, 1965.
3.— Constitution of special courts. (1)
The Provincial Government shall, by notification in the official Gazette,
constitute, for the whole or any part of the Province, a Special
Court consisting of a person who is—
(a)
a local dignitary; or
(b)
a member of a Local Council constituted under the , law relating to local
government; or
(c)
an advocate of not less than five years standing; or
(d)
a serving Magistrate.
(3)
The terms and conditions of a person appointed as a Special
Court shall be such as the Provincial Government may determine.
(5.A)
A Special Court may, if it thinks fit, try
a traffic offence in a summary way in accordance with the provisions contained
in sections 262 to 265 of the Code of Criminal Procedure, 1898.
(6)
All proceedings before a Special Court
shall be deemed to be judicial proceedings within the meaning of sections 193
and 288 of the Pakistan Penal Code and the Special Court
shall be deemed to be a Court for the purposes of sections 480 and 482 of the
Code of Criminal Procedure, 1898.
4.— Jurisdiction of special Court. (1)
Notwithstanding anything contained in the Code of Criminal Procedure, 1898, or
the Provincial Motor Vehicles Ordinance, 1965, the traffic offences shall be
triable exclusively by a Special Court .
(2)
If in the course of a trial before the Special Court ,
the Court is of opinion that any of the offences which the accused is alleged
to have committed is not a traffic offence, the Court shall record such opinion
and try the accused only for such offence, if any, as is a traffic offence.
5.— Transfer of pending cases. (1)
Upon the constitution of a Special Court ,
all cases to which the jurisdiction of the Special Court
extends and which may be pending in any Court immediately before the
constitution of the Special Court shall
stand transferred to the Special Court .
(2)
In respect of a case transferred to a Special Court by virtue of sub-section
(1), the Special Court shall not, by reason of such transfer be bound to recall
and rehear any witness who has given evidence in the case before the transfer
and may act on the evidence already recorded by or produced before the Court
which tried the case before the Transfer.
6. Appeal. An
appeal from a judgment of a Special Court shall lie to the Court of Session
except in a case tried summarily in which a Special Court passes a sentence of
fine not exceeding two thousand rupees only.
7. Power to make rules. The
Provincial Government may, by notification in the official Gazette, make rules
for carrying out the purposes of this Ordinance.
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