TRAFFIC OFFENCES (SPECIAL COURTS) ORDINANCE, 1981.
Ordinance No. XXXIX of 1981
29th December, 1981
An Ordinance to constitute Special Courts for
the speedy disposal of cases pertaining to traffic offences.
Whereas it is expedient to constitute Special Courts for the speedy disposal of cases pertaining to traffic offences and for matters connected therewith and ancillary thereto ;
and whereas the President 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, read with the Provisional Constitution Order, 1981, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :—
l.— Short title, extent and commencement. (l) This Ordinance may be called the Traffic Offences (Special Courts) Ordinance, 1981.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context,—
(b) “ traffic offence “ means an offence punishable under V the Provincial Motor Vehicles Ordinance, 1965.
3.— Constitution of special courts. (1) The Provincial Government shall, by notification in the official Gazette, constitute, for the whole or any part of the Province, a
(a) a local dignitary ; or
(b) a member of a Local Council constituted under the , law relating to local government ; or
(c) an advocate of not less than five years standing ; or
(d) a serving Magistrate.
(3) The terms and conditions of a person appointed as a
(6) All proceedings before a
4.— Jurisdiction of special Court. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, or the Provincial Motor Vehicles Ordinance, 1965, the traffic offences shall be triable exclusively by a
(2) If in the course of a trial before the
5.— Transfer of pending cases. (1) Upon the constitution of a
(2) In respect of a case transferred to a Special Court by virtue of sub-section (1), the Special Court shall not, by reason of such transfer be bound to recall and rehear any witness who has given evidence in the case before the transfer and may act on the evidence already recorded by or produced before the Court which tried the case before the Transfer.
6. Appeal. An appeal from a judgment of a Special Court shall lie to the Court of Session ^except in a case tried summarily in which a Special Court passes a sentence of fine not exceeding two thousand rupees only.
7. Power to make rules. The Provincial Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.