Updated: Wednesday June 08, 2016/AlArbia'a
Ramadan 03, 1437/Budhavara
Jyaistha 18, 1938, at 05:08:53 PM
The
ORDINANCE No. XIII OF 1984
[10th April, 1984]
An Ordinance to regulate the business of
real estate agents and motor vehicles dealers in the
WHEREAS it is expedient to
regulate the business of real estate agents and motor vehicles dealers in the
Islamabad Capital Territory;
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, and in exercise
of all powers enabling him in that behalf, the President is pleased to make and
promulgate the following Ordinance:---
1. Short title, extent
and commencement.__ (1) This Ordinance may be called the
Islamabad Real Estate Agents and Motor Vehicles Dealers (Regulation of
Business) Ordinance, 1984.
(2) It extends to the
(3) It shall come into
force at once.
2. Definitions. In this Ordinance, unless there is
anything repugnant in the subject or context,---
(a) ”motor vehicle” mean any mechanically propelled vehicle
adapted for use upon roads whether the power of propulsion if transmitted
thereto from an external or internal source and includes a tractor, a trailer
and a chassis to which a body has not been attached;
(b) ”motor vehicles dealer” means a person who arranges or
negotiates any transaction of sale, exchange transfer or pledge of a motor
vehicle in consideration of some commission or other remuneration in cash or
otherwise or who deals in sale or purchase of motor vehicles;
(c) ”prescribed” means prescribed by rules;
(d) ”real estate” means immovable property;
(e) ”real estate agent” means a person who
arranges or negotiates any transaction of sale, exchange, lease or tenancy of
real estate in consideration of some commission or other remuneration in cash
or otherwise;
(f) ”registering authority” means the District Excise and
Taxation Officer, Islamabad or any other officer authorised by the Federal
Government to exercise the powers of registering authority under this Ordinance;
and
(g) ”rules” means rules made under this Ordinance.
3. Prohibition of
business without registration.__ (1) No person shall engage in or
carry on the business of a real estate agent or a motor vehicles dealer unless
he is registered with the registering authority and holds a valid certificate
of registration issued by such authority:
Provided that this
sub-section shall not apply to any person who was carrying on the business of a
real estate agent or a motor vehicles dealer immediately before the date of
commencement of this Ordinance until the expiration of a period of thirty days
from the date on which the rules come into force.
(2) A person referred to in
the proviso to sub-section (1) who desires to carry on the business of a real
estate agent or, as the case may be, motor vehicles dealer after the
commencement of this Ordinance shall apply for a certificate of registration
within a period of thirty days from the date on which the rules come into force.
(3) If any person referred
to in the proviso to sub-section (1) continues to carry on his business after
the expiration of the period specified in sub-section (2) and fails to apply
for a certificate of registration as required by that sub-section, the registering
authority may, instead of taking action against him under the penal provisions
of this Ordinance, entertain his application for grant of a certificate of
registration on payment by him of a penalty not exceeding five hundred rupees
if the application is made within a period of three months from the date on
which the rules come into force and a penalty not exceeding one thousand rupees
if the application is made within a period exceeding three months but not
exceeding six months from the said date.
4. Certain persons not
to be registered. No
person shall be registered as a real estate agent or a motor vehicles dealer if
he,---
(a) is a minor; or
(b) is found to be of unsound mind by a Court of competent
jurisdiction; or
(c) is a declared insolvent; or
(d) has been, on conviction for an offence of
criminal mis-appropriation or criminal breach of trust or cheating or any other
offence involving moral turpitude, or an abetment of or attempt to commit any
such offence, sentenced to imprisonment, unless a period of three years has
elapsed since his release.
5. Procedure for
registration.__ (1) A person who wishes to obtain a
certificate of registration to engage in or carry on the business of a real
estate agent or a motor vehicles dealer shall make an application to the
registering authority concerned in such form and manner and on payment of such
fee, not exceeding two thousand rupees, and furnishing of such security as may
be prescribed.
(2) The registering
authority, on being satisfied that the applicant has fulfilled all the
requirements and does not suffer from any of the disqualifications laid down in
section 4, shall register him as a real estate agent or a motor vehicles
dealer, as the case may be, and grant him a certificate in the prescribed form.
6. Renewal of
registration.__ (1) A certificate of registration
issued under section 5 shall be valid for a period of one year and shall be
renewable from year to year.
(2) A real estate agent or
a motor vehicles dealer who wishes to get his certificate of registration
renewed shall, not less than thirty days preceding the date on which the
validity of the certificate is due to expire, apply to the registering
authority in such form and manner and on payment of such fee, not exceeding one
thousand rupees, as may be prescribed.
(3) The registering
authority, on being satisfied that the applicant has fulfilled all the
requirements and does not suffer from any of the disqualifications laid down
in section 4, shall grant a certificate of renewal of registration in the
prescribed form.
(4) If a real estate agent
or a motor vehicles dealer fails to apply for the renewal of the certificate of
registration in accordance with sub-section (2) and continues to carry on his
business after the date on which the validity of his certificate of registration
expires, the registering authority may, instead of taking action against him
under the penal provisions of this Ordinance, entertain his application for
renewal of the certificate on payment by him of a penalty not exceeding two
hundred and fifty rupees if the application is made within one month of the
date on which the validity of the certificate expires and a penalty not
exceeding five hundred rupees if the application is made within a period
exceeding one month but not exceeding three months from the said date.
7. Fixation of
commission. The
Federal Government may prescribe the maximum rate of commission which a real
estate agent or a motor vehicles dealer may charge on any transaction arranged
or negotiated by him.
8.
Maintenance of record and accounts, etc.__ (1) A real estate agent and a motor
vehicles dealer shall maintain such accounts and other record of the
transactions arranged, negotiated or made by him and in such manner as may be
prescribed.
(2) A real estate agent and
a motor vehicles dealer shall, as and when required to do so, produce the
accounts and other record maintained by him under sub-section (1) before such
officer or authority as may be prescribed and shall also supply such
information and in such form and within such time as may be required by the
said officer or authority.
9. Power to enter and
examine books, etc.__ (1) The registering authority or an
officer, not below the rank of an Inspector, Excise and Taxation, authorised by
him may enter any place of business or office of a real estate agent or motor
vehicles dealer at any reasonable time in order to satisfy himself that the
provisions of this Ordinance and the rules are being complied with, and may
call for and inspect any books of accounts or documents kept in such place.
(2) If any person prevents
the registering authority or an officer authorised under sub-section (1) from
entering the place of business or office or from examining the books or
documents, or obstructs him in the exercise of those powers, he shall be
punishable with fine which may extend to two thousand rupees.
10. Cancellation and
suspension of registration.__ (1) If the registering authority is
satisfied that a real estate agent or motor vehicles dealer has committed any
breach of the conditions of the certificate of registration granted to him or,---
(a) maintained or produced before the
prescribed officer or authority an incorrect account of any transaction
negotiated or arranged by him;
(b) negotiated or arranged a transaction in
respect of a real estate or motor vehicle knowing that there was a defect in
the title of the real estate or motor vehicle; or
(c) charged commission or remuneration in excess of the maximum
rates prescribed,
the registering authority
may, by order in writing cancel or suspend the certificate of registration for
such period, not exceeding three months, as may be specified in the order:
Provided that, if such
agent or dealer subsequently commits any breach of the conditions of the
certificate of registration or does any act as aforesaid, the period for which
the certificate is suspended may extend to six months:---
Provided
further that no such order shall be passed unless such agent or dealer has been
given not less than seven days' notice to show cause against it.
(2) Any person aggrieved by
an order passed under sub-section (1) may, within thirty days of the passing of
the order, prefer an appeal to the Administrator, Islamabad Capital Territory,
whose decision shall be final 1[:]
1[Provided that no orders on such appeal
shall be passed unless the appellant has been given an opportunity of being
heard.]
11. Penalties, etc.__ (1) Whoever contravenes any of the
provisions of this Ordinance shall, without prejudice to any other action that
may be taken against him under this Ordinance, be punishable with simple
imprisonment for a term which may extend to six months, or with fine which may
extend to five thousand rupees, or with both.
12. Powers to make rules.__ (1) The Federal Government may, by
notification in the official Gazette, make rules for carrying-out the purposes
of this Ordinance.
(2) The rules may provide that any
contravention of, or failure to comply with, any of the provisions thereof
shall be punishable with fine which may extend to two thousand rupees.
1Subs. and added by Act II of 1989, s. 2.
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