Updated: Sunday December 08, 2013/AlAhad
Safar 05, 1435/Ravivara
Agrahayana 17, 1935, at 08:48:06 PM
[1][1]The [2][2][
(W.P. Ordinance XIII of
1970)
[
An
Ordinance to provide for requisitioning of motor vehicles
Preamble.— WHEREAS it is expedient to make provision for
temporary requisitioning of motor vehicles;
NOW, THEREFORE, 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 [4][4][
(2) It shall extend to the whole of the
(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 [7][7][Provincial] Motor Vehicles Ordinance, 1965.
[8][8][3. Requisitioning of motor vehicles.— (1) If in the opinion of the [9][9][District Officer (Revenue)], any motor
vehicle is needed or is likely to be needed for any public purpose, he may, by
order in writing, requisition any 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 or has no agent to accept service on his behalf, the [10][10][District Officer (Revenue)] shall cause
notice to be affixed on the motor vehicle intended to be requisitioned or on
outer door or some other 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 [11][11][District Officer (Revenue)] to be necessary
and expedient.]
4. Appeal.— (1) The owner aggrieved by an order of the [12][12][District Officer (Revenue)] under
sub-section (1) of section 3, may within seven days of the Order, appeal to the
[13][13][Government of the
(2) The order of the [14][14][Government of the
5. Power to
give effect to orders.— The [15][15][District Officer (Revenue)] may take or cause to
be taken such steps and use or cause to be used such force as may in his
opinion be reasonable and necessary for securing compliance of any order made
by him under this Ordinance.
6. Power to search and seize.— The [16][16][District Officer (Revenue)] may enter and
search or authorize 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.
7. Permit not necessary.— Notwithstanding anything contained in the [17][17][Provincial] 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 charges, taxes, etc.— The [18][18][District Officer (Revenue)] may in respect
of any motor vehicle requisitioned under sub-section (1) of section 3, incur
expenses for maintenance and repairs and pay fees, taxes and insurance premiums
payable under any law for the time being in force.
[19][19][9. Compensation.— Notwithstanding any expenditure the [20][20][District Officer (Revenue)] may have incurred
under section 8, there shall be paid to the owner of the motor vehicle
requisitioned under this Ordinance compensation for the period the motor
vehicle is kept in possession by the [21][21][District Officer (Revenue)], to be
calculated on the basis of the value of the vehicle keeping in view the
following factors:-
(a) Depreciation on the basis of five years life
of the vehicle;
(b) Margin of profit at the rate of 19 per centum
per annum.
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 section 3.
(2) Without prejudice to the generality 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 [22][22][District Officer (Revenue)],
(b) remove from the vehicle any part, necessary,
tyre or tube, except for the purpose of repairing it, or of replacing it by
another not less serviceable, or of repairing the vehicle or in accordance with
an order in writing of the [23][23][District Officer (Revenue)].
11. Penalty.— Whoever contravenes the provisions of this Ordinance shall be punished
with imprisonment of either description for a term which may extend to one year
or with fine or with both.
12. Release from requisition.— (1) Where any motor vehicle requisitioned
under section 3 is to be released from requisition, the [24][24][District Officer (Revenue)] 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 [25][25][District Officer (Revenue)] shall cause a
notice declaring that 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 [26][26][District Officer (Revenue)] shall not be
liable for any compensation or other claim in respect of the same for any
period after the said date.
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
which 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 any 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 lie against any person for anything which is, in good faith,
done or intended to be done in pursuance of this Ordinance or any order made
thereunder.
(2) Save as otherwise expressly provided under
this Ordinance, no suit or other legal proceedings shall lie against the [27][27][District Officer (Revenue)] 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.
15. Power
to make rules.— Government may make rules for the purposes of carrying into
effect the provisions of this Ordinance.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 30th April, 1970; published in
the Punjab Gazette (Extraordinary), dated 30th April, 1970, pages 749-752;
saved by Article 281 of the Interim Constitution of Islamic Republic of
Pakistan (1972); and, validated by the Validation of Laws Act, 1975 (LXIII of
1975).
[2][2]Substituted,
for “West Pakistan”, by the
[3][3]Substituted, for “Stage
Carriages”, by the
[4][4]Substituted,
for “West Pakistan”, by the
[5][5]Substituted, for “Stage
Carriages”, by the
[6][6]The words “except the Tribal
Areas”, deleted by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of
1974).
[7][7]Substituted by the Federal
Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[8][8]Substituted by the
[9][9]Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI 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.
[10][10]Ibid.
[11][11]Ibid.
[12][12]Ibid.
[13][13]Ibid., for the word “Commissioner”.
[14][14]Ibid.
[15][15]Ibid., for the words “District Magistrate”.
[16][16]Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI 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.
[17][17]Substituted by the Federal
Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[18][18]Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI 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.
[19][19]Substituted by the
[20][20]Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI 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
[21][21]Ibid.
[22][22]Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI 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.
[23][23]Ibid.
[24][24]Ibid.
[25][25]Ibid.
[26][26]Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI 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
[27][27]Ibid.
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