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THE [KHYBER
PAKHTUNKHWA]
BUS STAND AND TRAFFIC CONTROL(PESHAWAR) ORDINANCE, 1975.
[KHYBER
PAKHTUNKHWA]
ORDINANCE NO. IV OF 1975.
[24thJanuary, 1975]
CONTENTS.
PREAMBLE
SECTIONS:
1.
Short title and commencement.
2.
Definitions.
3.
Prohibition of keeping bus stand.
4.
Provision and maintenance of bus stand.
5.
Shifting of stands.
6.
Power of Commissioner.
7.
Officer authorized to impound stand carriage.
8.
Payment of rent.
9.
Delegation of powers.
10.
Exemption.
11.
Penalty.
12.
Rules.
THE [KHYBER PAKHTUNKHWA]
BUS STAND AND TRAFFIC CONTROL (PESHAWAR) ORDINANCE, 1975.
[KHYBER PAKHTUNKHWA]
ORDINANCE NO. IV OF 1975.
[24thJanuary,
1975]
AN
ORDINANCE
to
provide for measures to remove and prevent traffic congestion and to regulate
movement of vehicular traffic within the limits of Municipal Committee,
Peshawar.
WHEREAS it is expedient to provide for measures to remove and prevent
traffic congestion and to regulate movement of vehicular traffic within the
limits of Municipal Committee, Peshawar.
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Preamble.
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AND WHEREAS the Provincial Assembly is not in session and the
Governor of the [Khyber
Pakhtunkhwa] Province is satisfied that circumstances exist which render it
necessary to take immediate action.
NOW, THEREFORE, in exercise of
the powers conferred by clause (1) of Article 128 of the Constitution of the
Islamic Republic of Pakistan, the Governor of the [Khyber
Pakhtunkhwa] Province is pleased to make and promulgate the following
Ordinance:—
1. (1)
This Ordinance may be called the [Khyber
Pakhtunkhwa] Bus stand and Traffic Control (Peshawar) Ordinance, 1975.
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Short title and
commencement.
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(2) It shall come into force at once.
2. In
this Ordinance unless the context otherwise requires,—
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Definitions.
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(a) "bus
stand" means the stand provided by the Municipal Committee, Peshawar, for
halting stage carriages;
(b)
"Commissioner" means the Commissioner, Peshawar Division and includes
an officer who may be appointed by Government to exercise the powers of
Commissioner under this Ordinance;
(c)
"Government" means the Government of the [Khyber
Pakhtunkhwa];
(d)
"rules" mean the rules made under this Ordinance; and
(e) "stage carriage" means the stage carriage
as defined in the West Pakistan Motor Vehicles Ordinance, 1965 (W. P. Ord No.
XIX of 1965).
3.
No person, company or association plying stage carriage to, from or through
the limits of the Municipal Committee. Peshawar, shall keep within such
limits any Stand (Adda) or use any place, including a highway, road or street
within the said limits, for picking up or setting down the passengers or
halting the stage carriage, except at the place allotted for the purpose in
the bus stand.
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Prohibition of keeping bus stand.
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4. The
Commissioner may require the Municipal Committee, Peshawar, to provide and
maintain within its limits bus stands at such places as may be approved by
him.
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Provision and maintenance of bus stand.
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5. All
existing Stands (Adda) within the limits of Municipal Committee, Peshawar,
shall cease to function and be shifted to the bus stand within one month of
the promulgation of this Ordinance, or within such further period as may be
fixed by the Commissioner.
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Shifting of stands.
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6. Notwithstanding
anything to the 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 Ordinance, may
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Power of Commissioner.
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(a)
acquire any land required for the bus stand, approaches and roads and eject
forcibly 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; and
(b) direct the Municipal
Committee, Peshawar, to regulate the administration of bus stand established under
this Ordinance, in accordance with the rules framed for the purpose.
7. Any stage
carriage found plying or at halt in contravention of any of the provisions of
this Ordinance or the directions issued by the commissioner in pursuance of
this Ordinance 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.
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Officer authorized to impound stage carriage.
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8. Any person,
company or association using the bus stand, or using any land belonging to
the Municipal Committee, Peshawar, for running a bus stand shall pay such
rent to the Municipal Committee or to any person on its behalf as may be
fixed by the rules . Any arrear of rent due from any such person, company or
association, shall be recoverable as arrears of land revenue.
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Payment of rent.
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9. The
Commissioner may delegate any of the powers vested in him under this
Ordinance to any officer subordinate to him, or to the Municipal Committee,
Peshawar, or any officer thereof.
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Delegation of powers.
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10. The
Commissioner may exempt any stage carriage or class of stage carriages from
the operation of all or any of the provisions of this Ordinance.
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Exemption.
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11. Any
person who contravenes or attempts to contravene or abets the contravention
of any provisions of this Ordinance or any directions issued by the
Commissioner in pursuance of this Ordinance or the rules framed there under,
shall be punished with imprisonment for a term which may extend to six months
or with fine which may extend to five thousand rupees or with both on a
complaint by the Chairman, Chief Officer or Taxation Officer of the Municipal
Committee, Peshawar, or by a Police Officer not below the rank of an
Assistant Sub-Inspector.
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Penalty.
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12. Government
may make rules to carry out the purposes of this Ordinance.
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Rules.
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