NORTH WEST FRONTIER PROVINCE TRUCK STANDAND AND TRAFFIC CONTROL (PESHAWAR) ACT, 1972.

THE NORTH WEST FRONTIER PROVINCE TRUCK STAND
AND TRAFFIC CONTROL (PESHAWAR) ACT, 1972.

12th January 1973.

N. W. F. P. ACT NO. X OF 1973.

(Received the assent of the Governor of the North-West Frontier
Province on 12th January, 1973)

AN
ACT

To provide for measures to remove and prevent traffic congestion and to regulate movement of goods vehicles within the Municipal Limits of Peshawar.

Preamble

WHEREAS, it is expedient to provide for measures to remove and prevent traffic congestion and to regulate movement of goods vehicles within the Municipal Limits of Peshawar;

It is hereby enacted as follows-

Short title and Commencement

1.  (1)  This Act may be called the North-West Frontier Province Truck Stand and Traffic Control (Peshawar) Act, 1972.

(2)        It shall come into force at once.

Definitions.

2.   In this Act. Unless the context otherwise requires, the following expressions shall have the meanings hereby respectively Assigned to them, that is to say-

(a)        “Commissioner” means the Commissioner. Peshawar Division and includes an Officer who may be appointed by Government to exercise the Powers of Commissioner under this Act.

(b)        “Goods vehicle” means any motor vehicle constructed or adapted for use for the carriage of goods, or any motor vehicle not so contracted or any motor vehicle not so constructed or adapted when used for the carriage of goods. Solely or in addition to passengers;

(c)        “Government” means the Government of the North-West Frontier Province;

(d)        “rules” mean rules made under this Act.

3.         No person, company or association playing goods vehicles to, from or through the Municipal Limits of Peshawar shall keep within such limits or within a radious of 4 miles outside such limits Truck stand (Adda), except at the place allotted for the purpose in the Municipal Truck Stand.

Prohibition of Keeping Truck Stand

4.         No goods carrier shall save for loading or un-loading goods halt at any place within the Municipal limits of Peshawar, other than the Municipal Truck Stand or the place approved by the Commissioner.

Goods carriers to halt at authorized places.

5.  The Commissioner may require the Municipal Committee Peshawar to provide and maintain with in its limits Truck Stand at such places as may be approved by him.

Provision and maintenance of Truck Stands.

6.         All existing Truck Stand within the Municipal limits of Peshawar or within a radious of 4 miles outside such limits shall cease to function and be shifted to the Municipal Truck Stand within one month of the promulgation of this Act. or within such further period as may be fixed by the Commissioner.

Shifting of Truck Stands

7.         Notwithstanding anything to contrary contained in any other law for the time being in force or any decree, judgment or order of any court or Authority, the Commissioner, for the purposes of this Act may-

Power of the Commissioner.

(a)        acquire any land required for the Truck Stand approaches and roads and eiect any person in possession thereof, on payment of such compensation as may be determined by the Collector Acquisition in accordance with the principles laid down in the Land Acquisition Act, 1894:

(b)        direct the Municipal Committee to regulate the administration of Truck Stand established under this Act in accordance with the rules framed for the purpose.

8.         Any goods carrier found playing or at halt in contravention of any of the provisions of this Act or the directions issued by the Commissioner, in pursuance of this Act, shall be impounded by an officer authorized by the Commissioner in this behalf or by any police Officer not below the rank of an Assistant Sub-Inspector.	Officer authorized to imposed goods carrier.
9.  Any person, company or association using the Municipal Truck Stand or using any land belonging to the Municipal Committee, Peshawar, for running a Truck Stand shall pay such rent

To the Municipal Committee or to any person on its behalf as may be taxed by the rules. Any arrear of rent due from any such person, company or association, shall be recoverable as arrears of land revenue.

Delegation of Powers.

10.   The Commissioner may delegate any of the powers rested in him under this Act, to any officer subordinate to him, or to the Municipal Committee, Peshawar, or any officer thereof,

Exemption.

11.  The Commissioner may exempt any vehicle or class or vehicles from the operation of all or any of the provisions of this Act.

Penalty.

12.   Any person who contravenes or attempts to contravene or abets the contravention of any provisions of this Act or any directions issued by the commissioner in pursuance of this Act or rules framed thereunder, shall be punished with imprisonment for a term which may extend to one year rigorous imprisonment or with fine which may extend to five thousand rupees or with both. On a complement by the Chairman. Chief Officer or Taxation Officer of the Municipal Committee, Peshawar, or by or Police Officer not below the rank of an Assistant Sub-inspector.

Rules

13.  Government may make rules to carry out the purposes of this Act.