THE
WEST PAKISTAN REQUISITIONING OF STAGE CARRIAGES (TEMPORARY
POWERS)
ORDINANCE, 1970
(
X111 OF 1970)
[30th April, 1970]
AN
ORDINANCE
An Ordinance to
provide for requisitioning of stage carriages.
Preamble.— Whereas
it is expedient to make provision for temporary requisitioning of stage carriages:
No, thereof, in pursuance of the Martial Law Proclamation of
25th March,
1969, read with the Provisional Constitution Order, and in exercise of all
powers enabling him in that behalf, the Governor of West Pakistan is pleased to
make and promulgate the following Ordinance:
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the West
Pakistan requisitioning of Stage
Carriages (Temporary Powers) Ordinance, 1970.
(2)
it shall extend to the whole of West Pakistan, except
the Tribal Areas.
(3)
it shall come into force at once.
2.
Definitions.—
The words and expressions used in this Ordinance shall have the same
meaning as is assigned to them in the West Pakistan Motor Vehicles Ordinance,
1965.
3.
Requisitioning
of motor vehicles.— (1) if in the opinion of the District Magistrate it is
necessary or expedient for maintenance of passenger transport service, to
requisition any motor vehicle which was used is being used as a stage carriage,
he may, by order in writing, requisition such motor vehicle maintained or kept
within his jurisdiction, after giving the owner thereof an opportunity of being
heard and showing cause against the proposed action.
Explanation. ---
Where the owner of a motor vehicle to whom opportunity to showcause as required
under sub-section (1) is to be given, cannot be found an has no agent or other
person to accept service on his behalf, the District Magistrate shall cause
notice to be affixed on the motor vehicle itself or on some conspicuous part of
his place of business or residence.
(2)
Where District Magistrate has requisitioned any motor
vehicle under sub-section (1), the same may be maintained, used as stage
carriage in such manner as may appear to him to be expedient.
[1]Punjab Amendment
In Section 3 the words “District Magistrate” wherever
occurring shall be substituted by the words and brackets “District Officer
(Revenue)”
4.
Appeal.— (1)
The owner aggrieved by an order of the District Magistrate under subsection (1)
of section 3. Amy within seven days of the order, appeal to the Commissioner.
(2)
The order of the Commissioner on appeal shall be final
[2]Punjab Amendment
In section 4, the words “District Magistrate” wherever
occurring shall be substituted by the words and brackets “District Officer
(Revenue)”.
Punjab Amendment
In section 4, the words “District Magistrate” wherever
occurring shall be substituted by the words Government of the Punjab.[3]
5.
Power to
give effect to orders.— The District Magistrate may make/take or cause to
be taken such steps and use or cause to be used such forces as may in this
opinion be reasonable and necessary for securing compliance of any order made
by him under this Ordinance.
Punjab Amendment
In Section 5 the words “District Magistrate” wherever
occurring shall be substituted by the Words and brackets “District Officer
(Revenue)”,.[4]
6.
Power to
search, and seize.— The District Magistrate may enter and search or
auhorize any person to enter and search any premises and seize or authorize any
person to seize any motor vehicle in respect of which he has reason to believe
that a contravention of the provisions of this Ordinance has been or is likely
to be committed.
[5]Punjab Amendment
In Section 6 the words “District Magistrate” wherever
occurring shall be substituted by the Words and brackets “District Officer
(Revenue)”.
7.
Permit not
necessary.— Notwithstanding anything contained in the West Pakistan Motor
Vehicles Ordinance, 1965, or any other law for the time being in force no
permit for running a motor vehicle requisitioned under section 3 shall be
required.
8.
Payment of
repair chargers, taxes, etc.— The District Magistrate may in respect of any
motor vehicle requisitioned under sub-section (1) of section 3, or expenses for
maintenance and repairs and pay fees, taxes and insurance premiums payable
under any law for the time being in force.
5Punjab Amendment
In Section 8 the words “District Magistrate” wherever
occurring shall be substituted by the Words and brackets “District Officer
(Revenue)”.
9.
Compensation.—
Wherever any motor vehicle is requisitioned under sub-section (1) of
section 3, there shall be paid to the owner compensation for its use at the
rate of rupees fifty per diem, notwithstanding any expenditure incurred by the
District Magistrate under the provisions Section 8.
[6]Punjab Amendment
In Section 9 the words “District Magistrate” wherever
occurring shall be substituted by the Words and brackets “District Officer
(Revenue)”.
10.
Sabotage.— (1)
No person shall do any act with intent to impair the efficiency or impede the
working of or to cause damage to, any motor vehicle liable to requisition under
sections 3.
(2)
Without prejudice to the generally of the provisions of
sub-section (1), no person shall:-
(a)
remove a vehicle or cause or allow it to be removed
from the locality in which it is being kept except in accordance with an order
in writing of the District Magistrate;
(b)
remove from the vehicle any part, necessary, tyre and
tube, except for purpose of repairing it, or, of replacing it by another not
less serviceable or of repairing the vehicle or in an accordance with an order
in writing of , the District Magistrate.
[7]Punjab Amendment
In Section 10 the words “District Magistrate” wherever
occurring shall be substituted by the Words and brackets “District Officer
(Revenue)”.
11.
Penalty.— Whoever
contravenes the provisions of this Ordinance e shall be, punished with
imprisonment of either description fro a term which may extent to one year or
with fine or with both.
12.
Release form
requisition.— (1) Where any motor vehicle requisitioned under section 3 is
to be released from requisition the District Magistrate shall arrange the
restoration of the possession of the vehicle to its owner.
(2)
Where the owner of the motor vehicle to whom possession
is to be given cannot be found and has no agent or other person empowered to
accept delivery of possession on his behalf the District Magistrate shall cause
a notice declaring not the motor vehicle is released from requisition to be
affixed on some conspicuous part of his place of business or residence.
(3)
When a notice referred to under sub-section (2) is
served in the manner indicated the motor vehicle specified in the notice shall
cease to be subject to requisition on and from the date of such service and
shall be deemed to have been delivered to the owner and the District
Magistrate, for any period after the ‘said’ date.
[8]Punjab Amendment
In Section 12 the words “District Magistrate” wherever
occurring shall be substituted by the Words and brackets “District Officer
(Revenue)”.
13.
Jurisdiction
of Courts barred.— (1) No injunction or an order for delivery of possession
or appointment of a receiver in respect of any motor vehicle when has been
requisitioned under this Ordinance shall be granted or be made by any Court or
by any other authority.
(2)
No order made in exercise of any power conferred by or
under this Ordinance shall be called in question in any Court.
(3)
Where an order purports to have been made and signed by
the authority in exercise of any power conferred by or under this Ordinance it
shall be presumed that such an order was so made by that authority.
14.
Protection
of actions under this Ordinance.— (1) No suit, prosecution or other legal
proceeding shall be lie against any person for anything which is, on good
faith, done in intended to be done in pursuance of the Ordinance or any order
made thereunder.
(2)
Save as other expressly provided under this Ordinance
no suit or other legal proceedings shall be lie against the District Magistrate
for any damage caused or likely to be caused by anything, in good faith, done
or intended to be done in pursuance of this Ordinance or any order made
thereunder.
1Punjab Amendment
In Section 14 the words “District Magistrate” wherever
occurring shall be substituted by the Words and brackets “District Officer
(Revenue)”.
15.
Power to
make rules.— Government may make rules for the purposes of carrying into
effect the provisions of this Ordinance.
1
[1] Subs, by Punjab
Amendment Ord. VI of 2002, dated 17.1.2002.
[2] Subs, by Punjab
Amendment Ord. VI of 2002, dated 17.1.2002.
[3] Subs, by Punjab
Amendment Ord. VI of 2002, dated 17.1.2002.
[4] Subs, by Punjab
Amendment Ord. VI of 2002, dated 17.1.2002.
[5] Subs, by Punjab
Amendment Ord. VI of 2002, dated 17.1.2002. 5 Subs, by Punjab
Amendment Ord. VI of 2002, dated 17.1.2002
[6] Subs, by Punjab
Amendment Ord. VI of 2002, dated 17.1.2002
[7] Subs, by Punjab
Amendment Ord. VI of 2002, dated 17.1.2002
[8] Subs, by Punjab
Amendment Ord. VI of 2002, dated 17.1.2002
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