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West Pakistan Requisitioning of Stage Carriages (Temporary Powers) Ordinance, 1970

NO.XIII OF 1970

30th April, 1970

An Ordinance to provide for requisitioning of stage carriages.

 

Preamble.-Whereas it is expedient to make provision for temporary requisitioning of stage carriages;

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 West Pakistan Requisitioning of Stage Carriages (Temporary Powers) Ordinance, 1970.

(2) It shall extend to the whole of West Pakistan, except the Tribal Areas.

(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 West Pakistan Motor Vehicles Ordinance, 1965.

 

3. Requisitioning of motor vehicles.- (1) If in the opinion of the District Magistrate it is necessary or expedient for maintenance of passenger transport service, to requisition any motor vehicle which was used is being used as a stage carriage, he may, be 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.

Explanation.-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 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.

(2) Where the District Magistrate has requisitioned any motor vehicle under sub-section (1) the same may be maintained used as stage carriage in such manner as may appear to him to be expedient.

 

4. Appeal.-(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.

(2) The order of the Commissioner on appeal shall be final.

 

5. Power to give effect to orders.-The District Magistrate maymake take or cause to be taken such steps and use or cause to be used as may in his opinion be reasonable and necessary for securing compliance of any order made by his under this Ordinance.

 

6. Power to search and seize.-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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