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WEST PAKISTAN REQUISITIONING
OF STAGE CARRIAGES
(TEMPORARY POWERS) ORDINANCE, 1970.
(Ordinance No. XIII OF 1970).
CONTENTS.
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Requisitioning of motor vehicles.
4. Explanation.
5. Appeal.
6. Power to give effect to orders.
7. Power to search and seize.
8. Permit not necessary.
9. Payment of repair charges, taxes, etc.
10. Compensation.
11. Sabotage.
12. Penalty.
13. Release from requisition.
14. Jurisdiction of Courts barred.
15. Protection of actions under this Ordinance.
16. Power to make rules.
WEST PAKISTAN
REQUISITIONING OF STAGE CARRIAGES (TEMPORARY POWERS) ORDINANCE, 1970.
30th April, 1970.
WEST
PAKISTAN ORDINANCE NO. XIII OF 1970.
AN
ORDINANCE
to provide for requisitioning of stage
carriages.
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WHEREAS, it is expedient to
make provision for temporary requisitioning of [Motor
Vehicles].
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Preamble
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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:-
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1. (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 [the
Province of Khyber Pakhtunkhwa] except the Tribal Areas.
(3) It
shall come into force at once.
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Short title, extent
and commencement
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2. The words and expression used in this
Ordinance shall have the same meaning as is assigned to them in the
[Provincial] Motor Vehicles Ordinance, 1965.
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Definitions
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[3. (1) if the opinion of the District
Magistrate it is necessary or expedient to requisition any motor vehicle, 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.]
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Requisitioning of
motor vehicles
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Where the
owner of the motor vehicle to whom opportunity to show cause as required
under sub-section (1) is to be given, cannot be found and 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.
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Explanation
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(2) Where the District Magistrate has
requisitioned any motor vehicle under sub-section (1), the same may be
maintained and used as stage carriage in such manner as may appear to him to be
expedient.
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4.
(1) The owner aggrieved by an order of the District Magistrate under
sub-section (1) of section 3, may within seven days of the order, appeal to
the Commissioner.
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Appeal
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(2) The order of the
Commissioner on appeal shall be final.
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5. The District Magistrate may take or cause
to be taken such steps and use or cause to be used 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.
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Power to give effect to orders
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6. The District
Magistrate 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.
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Power to search and size
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7. Notwithstanding
anything contained in the West Pakistan 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.
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Permit not necessary
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8. The District Magistrate
may in respect of any motor vehicle requisitioned under sub-section (1)
of section3, incur expenses for maintenance and repairs and pay fees, taxes
and insurance premiums payable under any law for the time being in force.
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Payment of repair charges,
taxes, etc
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9. Where any
motor vehicle is requisitioned under sub-section (1) of section 3, there
shall be paid to the owner compensation for its use as the rate of rupees
fifty per dime, notwithstanding any expenditure incurred by the District
Magistrate under the Provisions of section 8.
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Compensation
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10. (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-
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Sabotage
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(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, accessory, 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 District Magistrate.
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11. Whosever contravenes the provisions of
this Ordinance be shall be punished with imprisonment of either
description for a term which may extend to one year or with fine or with
both.
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Penalty
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12. (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.
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Release from requisition
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(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 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 District Magistrate shall not be liable for any compensation or
other claim in respect of the same for any period after the said date.
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13. (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.
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Jurisdiction of Courts barred
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(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. (1) No suit, prosecution or other
legal proceedings 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.
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Protection of actions
under this Ordinance
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(2)
Save as otherwise expressly provided under this Ordinance no suit or other
legal proceedings shall lie against the District Magistrate for any damage
caused or likely to be cause by anything, in good faith, done or intended to be
done in pursuance of this Ordinance or any order made thereunder.
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15. Government may make rules for the purpose
of carrying into effect the provisions of the Ordinance.
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Power to make rules
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