THE [1][KHYBER PAKHTUNKHWA] REAL ESTATE AGENTS AND MOTOR VEHICLES DEALERS (REGULATION OF BUSINESS) ORDINANCE, 1983.

[2][KHYBER PAKHTUNKHWA] ORDINANCE NO. VIII OF 1983. 

[30 June, 1983]  

AN 
ORDINANCE

CONTENTS

PREAMBLE

SECTIONS:

1.                  Short title, extent and commencement.

2.                  Definitions.

3.                  Prohibition of business without registration.

4.                  Disqualification.

5.                  Procedure for registration.

6.                  Renewal of registration.

7.                  Fixation of commission.

8.                  Maintenance of  record and accounts, etc.

9.                  Cancellation and suspension of registration.

10.              Offence.

11.              Power to make rules.

THE [3][KHYBER PAKHTUNKHWA] REAL ESTATE AGENTS AND MOTOR VEHICLES DEALERS (REGULATION OF BUSINESS) ORDINANCE, 1983.

[4][KHYBER PAKHTUNKHWA] ORDINANCE NO. VIII OF 1983. 

[30 June, 1983]  

AN

ORDINANCE

 
to regulate the business of real estate agents and motor vehicles dealers in the [5][Khyber Pakhtunkhwa].

            AND WHEREAS the Governor of the [7][Khyber Pakhtunkhwa] 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 Governor of the [8][Khyber Pakhtunkhwa] is pleased to make and promulgate the following Ordinance:

(2)       It shall extend to whole of the [10][Province of the Khyber Pakhtunkhwa].

(3)       It shall come into force at once.

(a)              "Government" means the Government of the [11][Khyber Pakhtunkhwa];

(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 trailer 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 [12][sale, purchase or rent] of motor vehicles;

(d)              "prescribed" means prescribed by rules made under this Ordinance;

(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 District Exise and Taxation Officer or any other officer notified by Government for the purpose, in whose jurisdiction the ordinary place of business of the real estate agent or the motor vehicles dealer is situated.

            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 or registration on payment of a penalty which shall be five hundred rupees if the application is made within a period of six months and one thousand rupees if it is made within a period of one year from the date of the commencement of this Ordinance.

(a)              is a minor ; or

(b)              is found to be of unsound mind by a court of competent jurisdiction ; or

(c)              is 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.

            (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.

            (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.

            (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 one hundred rupees if the application is made within one month and five hundred rupees if it is made within three months of the date when the renewal was due.

            (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.

(a)              has maintained or submitted incorrect account of the transactions ;

(b)              has arrange or negotiated a transaction knowing that there was a defect in the title of the real estate; or

(c)              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 thirty days of the passing of the order, prefer an appeal to the Director, Excise and Taxation, and the decision of the said Director shall be final.

 
            [14][Provided that no such decision shall be made without giving the person concerned an opportunity of being heard.]

(2)       No court shall take cognizance of the offence under this Ordinance except on a complaint made in writing by the registering authority.

(3)       The offences under this Ordinance shall be bailable.

         LIEUTENANT GENERAL FAZLE HAQ

GOVERNOR OF THE KHYBER PAKHTUNKHWA

Peshawar,

dated the

29 June, 1983.