Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) Ordinance, 1983.
Download FeedBackDepartment: | Excise and Taxation Department | ||||||||||||||||||||||||
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Main Category: | Ordinance | ||||||||||||||||||||||||
Specific Category Name: | Motor Vehicles | ||||||||||||||||||||||||
Year | 1983 | ||||||||||||||||||||||||
Promulgation Date: | 30-06-1983 | ||||||||||||||||||||||||
Details: | THE
[1][KHYBER
PAKHTUNKHWA] REAL ESTATE AGENTS AND MOTOR VEHICLES DEALERS (REGULATION OF
BUSINESS) ORDINANCE, 1983.
AN 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.
AN ORDINANCE
AND WHEREAS the
Governor of the [7][Khyber
Pakhtunkhwa] is satisfied that circumstances exist which render it necessary to
take immediate action.
(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.
(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. [1] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [2] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [3] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [4] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [5] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [6] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [7] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [8] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [9] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [10] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [11] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [12] Substituted vide Khyber Pakhtunkhwa Act No. XI of 2009. [13] Omitted vide the Khyber Pakhtunkhwa Act No. XI of 2009. [14] Inserted by Khyber Pakhtunkhwa Act No. II of 1985. S.2. read with Schedule-I. |