Updated: Monday June 03, 2013/AlEthnien
Rajab 25, 1434/Somavara
Jyaistha 13, 1935, at 04:20:42 PM
The
(Pb. Ord. VI of 1980)
C O N T E
N T S
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Prohibition of business without
registration.
4. Disqualifications.
5. Procedure for registration.
6. Renewal of registration.
7. Fixation of commission.
8. Maintenance of record and account, etc.
9. Cancellation and suspension of
registration.
9-A. Recovery of dues.
10. Offences.
11. Power to make rules.
[1][1] The
(Pb.
Ord. VI of 1980)
[21 June 1980]
An Ordinance to regulate
the business of real estate agents and motor vehicles dealers in the Province
of the
Preamble.— WHEREAS it is expedient to regulate the
business of real estate agents and motor vehicles dealers in the Province of
the
NOW, THEREFORE, in pursuance of the Proclamation of fifth
day of July, 1977, read with the Laws (Continuance in Force) Order, 1977
(C.M.L.A. Order No. 1 of 1977), the Governor of the
1. Short title,
extent and commencement.— (1) This Ordinance may be called the Punjab Real Estate
Agents and Motor Vehicles Dealers (Regulation of Business) Ordinance, 1980.
(2) It shall
extend to the Province of the
(3) It shall
come into force at once.
2. Definitions.— In this Ordinance,
unless the context otherwise requires, the following expressions shall have the
meanings hereby respectively assigned to them:—
(a) “Government” means the Government of the
(b) “motor
vehicle” means any propelled vehicle adapted for use upon roads whether the
power of propulsion is transmitted thereto from an external or internal source
and includes a tractor, a trailor and a chassis to which a body has not been
attached;
(c) “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;
(d) “prescribed” means prescribed by rules;
(e) “real estate” means immovable property,
including land, benefits to arise out of land, and things attached to the
earth, or permanently fastened to anything attached to the earth;
(f) “real estate agent” means a person who
arranges or negotiates any transaction of sale, exchange, mortgage, lease or
tenancy of a real estate in consideration of some commission or other
remuneration in cash or otherwise; and
(g) “registering
authority” means the [2][2][Deputy
District Officer/ Excise and Taxation Officer or District Officer/Assistant
Excise and Taxation Officer, as the case may be,] notified by the Government [3][3][in
any specified area] for the purpose, in whose jurisdiction the ordinary place
of business of the real estate agent or the motor vehicles dealer is situated.
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 issued
by such authority:
Provided that in the case of a person who is already
carrying on the business of a real estate agent or a motor vehicles dealer on
the date of commencement of this Ordinance, this provision shall not be
applicable until the expiry of a period of ninety days from the date of such
commencement.
(2) A person
already carrying on the business of a real estate agent or a motor vehicles
dealer on the date of commencement of this Ordinance shall apply for a
certificate of registration within a period of ninety days from the date of
such commencement.
(3) If
any person already carrying on the business of a real estate agent or a motor
vehicles dealer on the date of commencement of this Ordinance fails to apply
for a certificate of registration as required under sub-section (2) 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 of a penalty which shall be Rs. 500 if
the application is made within a period of six months and Rs. 1,000 if it is
made within a period of one year from the date of the commencement of this
Ordinance.
4. Disqualifications.— No
person shall be registered as a real estate agent or a motor vehicles dealer
and granted a certificate of registration 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 found guilty of criminal
misappropriation 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 by a court of competent jurisdiction; provided that this
disqualification will not operate if a period of three years has elapsed since
the completion of the sentence imposed on any person in respect of any such
offence.
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 and furnishing of
such security as may be prescribed.
[1][4][* * * * * * * * * * * * *]
(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 only and shall be renewable annually.
(2) A
real estate agent or a motor vehicles dealer who wishes to get his certificate
of registration renewed shall, within thirty days preceding the date of expiry
of his certificate, apply to the registering authority concerned in such form
and manner and on payment of such fee as may be prescribed.
[1][5][* * * * * * * * * * * * *]
(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 his
certificate of registration within the period provided in sub-section (2), the
registering authority may, instead of taking action against him under the penal
provisions of this Ordinance, entertain his application for renewal of
registration on payment of a penalty of rupees one hundred if the application
is made within one month and rupees five hundred if it is made within three
months of the date when the renewal was due.
7. Fixation of
commission.—
Government may prescribe maximum rate of commission or remuneration which a
real estate agent or a motor vehicles dealer may charge on any transaction of
real estate or motor vehicle arranged or negotiated by him.
8. Maintenance
of record and account, 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 authority.
9. Cancellation
and suspension of registration.— (1) The registering
authority may, by an order in writing, cancel or suspend a certificate for such
period not exceeding three months for a first breach and not exceeding six
months for a second or subsequent breach, as may be specified in that order if
it is satisfied that a real estate agent or a motor vehicles dealer has
committed a breach of any of the conditions of the certificate or has committed
any of the following malpractices:-
(i) has maintained or submitted incorrect accounts
of the transactions;
(ii) has arranged or negotiated a transaction
knowing that there was a defect in the title of the real estate or the motor
vehicle; or
(iii) has
charged commission or remuneration at a rate higher than that prescribed:
Provided that no such order shall be passed without
giving the person concerned an opportunity to show cause within fifteen days
from the date of issue of show cause notice.
(2) Any
person aggrieved by an order passed under sub-section (1) may, within 30 days
of the passing of the order, prefer an appeal to the [4][6][District
Officer/Director, Excise and Taxation or District Officer/ Excise and Taxation
Officer, as notified by the Government] and the decision of the
said [5][7][District
Officer/Director, Excise and Taxation or District Officer/Excise and Taxation
Officer, as the case may be,] [6][8][made
after giving an opportunity of being heard to the appellant] shall be final.
[7][9][9-A. Recovery of dues.—
Any amount due under this Ordinance shall be recoverable as arrears of land
revenue.]
10. Offences.—
(1) A person who contravenes any of the provisions of this Ordinance shall be
punishable with simple imprisonment which may extend to six months or fine
which may extend to Rs. 5,000 or both.
(2) No
court shall take cognizance of an offence under this Ordinance except on a
complaint made in writing by the registering authority.
(3) The offences
under this Ordinance shall be bailable.
11. Power to make
rules.—
Government may make rules for carrying into effect the purposes of this
Ordinance.
---------
The
(Pb Ord XIV of 2002)
14th March, 2002
An Ordinance
further to amend the
Whereas it is expedient further to amend the Punjab Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) Ordinance, 1980 (VI of 1980) in the Province of the Punjab for the purposes hereinafter appearing;---
And whereas the
Provincial Assembly of the
And whereas under Article 4 of the Provisional Constitution (Amendment) Order No.9 of 1999, as amended by the Chief Executive Order No. 11 of 2000, the Governor of a Province may issue and promulgate an Ordinance;---
Now, therefore, in exercise of the aforesaid powers and all other powers enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:---
1. Short title and commencement.--- (1) This Ordinance may be called the Punjab Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) (Amendment) Ordinance, 2002.
(2) It shall come into force at once.
2. Amendment in section 2 of Act VI of 1980.--- In the said Ordinance in clause (g) of section 2,---
(i) the words “District Excise and Taxation Officer or any other officer” shall be substituted by the following:---
“Deputy District Officer/Excise and Taxation Officer or Deputy District Officer/Assistant Excise and Taxation Officer, as the case may be.
(ii) after the word “Government” and before the word “for” the words “in any specified area” shall be inserted.
3. Amendment in section 9 of Ordinance VI of 1980.--- In the said Ordinance, in sub-section (2) of section 9,---
(i) the words and commas “Director, Excise an Taxation, concerned” shall be substituted by the following:---
“District Officer/Director, Excise and Taxation or District Officer/Excise and Taxation Officer, as notified by the Government”
(ii) the word “Director” occurring after the word “said” shall be substituted by the following:---
“District Officer/Director, Excise and Taxation or District Officer/Excise and Taxation Officer, as the case may be.”
[1][1]This Ordinance was promulgated by the Governor of the Punjab on 21st June, 1980; and, published in the Punjab Gazette (Extraordinary) dated 21st June, 1980; pages 631-A to 631-D.
[2][2]Substituted for the words “District Excise and Taxation Officer or any other Officer” by the Punjab Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) (Amendment) Ordinance, 2002 (XIV of 2002), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[3][3]Inserted ibid.
[4][4]Deleted by the
[4][5]Deleted by the
[4][6]Substituted for the words and comma “Director, Excise and Taxation, concerned” by the Punjab Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) (Amendment) Ordinance, 2002 (XIV of 2002), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[5][7]Ibid., for the word “Director”.
[6][8]Added by the
[7][9]Added by the
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