THE PUNJAB REQUISITIONING OF MOTOR VEHICLES (TEMPORARY POWERS)
ORDINANCE, 1970
( XIII OF 1970)
An
Ordinance
[30th April, 1970]
to provide for
requisitioning of motor vehicles.
Preamble.— Whereas it is expedient to
make provision for temporary requisitioning of motor vehicles:
Now, 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 motor vehicles (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, any motor vehicle is needed or
likely to be needed for any public purpose, 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.
(2)
Where the owner of a motor vehicle to whom opportunity
to show-cause 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.
(3)
The motor vehicle requisitioned under sub-section (1),
may be maintained and used for such public purpose as may appear to the
District Magistrate to be necessary and 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
2Punjab
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)”.[2]
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.
[3]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.
[4]Punjab 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.
4Punjab
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.
[5]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.
[6]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.
2Punjab
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.
2
[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.
[2] . 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 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
[6] . Subs, by Punjab
Amendment Ord. VI of 2002, dated 17.1.2002
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