Vehicles] (Temporary Powers) Ordinance, 1970
(W.P. Ordinance XIII
An Ordinance to provide for requisitioning
of motor vehicles
Preamble.— WHEREAS it is expedient to
make provision for temporary requisitioning of motor vehicles;
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
Vehicles] (Temporary Powers) Ordinance, 1970;
(2) It shall extend to the
whole of the Punjab
(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
Motor Vehicles Ordinance, 1965.
Requisitioning of motor vehicles.— (1) If in the
opinion of the
Officer (Revenue)], any motor vehicle is needed or is likely to be needed
for any public purpose, he may, by order in writing, requisition any motor
vehicle maintained or kept within his jurisdiction after giving the owner
thereof an opportunity of being heard and showing cause against the proposed
(2) 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 or has no agent to accept
service on his behalf, the
Officer (Revenue)] shall cause notice to be affixed on the motor vehicle
intended to be requisitioned or on outer door or some other conspicuous part
of his place of business or residence.
(3) The motor vehicle
requisitioned under sub-section (1), may be maintained and used for such
public purpose as may appear to the
Officer (Revenue)] to be necessary and expedient.]
4. Appeal.— (1) The owner
aggrieved by an order of the
Officer (Revenue)] under sub-section (1) of section 3, may within seven days
of the Order, appeal to the
of the Punjab].
(2) The order of the
of the Punjab] on appeal shall be final.
5. Power to give effect to orders.—
Officer (Revenue)] may take or cause to be taken such steps and use or cause
to be used such force as may in his opinion be reasonable and necessary for
securing compliance of any order made by him under this Ordinance.
6. Power to search and seize.—
Officer (Revenue)] 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.
7. Permit not necessary.—
Notwithstanding anything contained in the
Motor Vehicles Ordinance, 1965, or any other law for the time being in
force, no permit for running a motor vehicle requisitioned under section 3
shall be required.
8. Payment of repair charges,
taxes, etc.— The
Officer (Revenue)] may in respect of any motor vehicle requisitioned under
sub-section (1) of section 3, incur expenses for maintenance and repairs and
pay fees, taxes and insurance premiums payable under any law for the time
being in force.
Compensation.— Notwithstanding any expenditure the
Officer (Revenue)] may have incurred under section 8, there shall be paid to
the owner of the motor vehicle requisitioned under this Ordinance
compensation for the period the motor vehicle is kept in possession by the
Officer (Revenue)], to be calculated on the basis of the value of the
vehicle keeping in view the following factors:-
(a) Depreciation on the basis of
five years life of the vehicle;
(b) Margin of profit at the rate of
19 per centum per annum.
10. Sabotage.— (1) No person shall
do any act with intent to impair the efficiency or impede the working of, or
to cause damage to, any motor vehicle liable to requisition under section 3.
(2) Without prejudice to
the generality of the provisions of sub-section (1), no person shall—
(a) remove a vehicle or cause or allow it to be removed from
the locality in which it is being kept except in accordance with an order in
writing of the
(b) remove from the vehicle any part, necessary, tyre or tube,
except for the purpose of repairing it, or of replacing it by another not
less serviceable, or of repairing the vehicle or in accordance with an order
in writing of the
11. Penalty.— Whoever contravenes
the provisions of this Ordinance shall be punished with imprisonment of
either description for a term which may extend to one year or with fine or
12. Release from requisition.— (1)
Where any motor vehicle requisitioned under section 3 is to be released from
Officer (Revenue)] shall arrange the restoration of the possession of the
vehicle to its owner.
(2) Where the owner of the
motor vehicle to whom possession is to be given cannot be found and has no
agent or other person empowered to accept delivery of possession on his
Officer (Revenue)] shall cause a notice declaring that the motor vehicle is
released from requisition to be affixed on some conspicuous part of his
place of business or residence.
(3) When a notice referred
to under sub-section (2) is served in the manner indicated the motor vehicle
specified in the notice shall cease to be subject to requisition on and from
the date of such service and shall be deemed to have been delivered to the
owner and the
Officer (Revenue)] shall not be liable for any compensation or other claim
in respect of the same for any period after the said date.
13. Jurisdiction of courts barred.—
(1) No injunction or an order for delivery of possession or appointment of a
receiver in respect of any motor vehicle which has been requisitioned under
this Ordinance shall be granted or be made by any Court or by any other
(2) No order made in
exercise of any power conferred by or under this Ordinance shall be called
in question in any Court.
(3) Where an order purports to have been made and signed
by any authority in exercise of any power conferred by or under this
Ordinance it shall be presumed that such an order was so made by that
14. Protection of actions under this
Ordinance.— (1) No suit, prosecution or other legal proceeding shall lie
against any person for anything which is, in good faith, done or intended to
be done in pursuance of this Ordinance or any order made thereunder.
(2) Save as otherwise
expressly provided under this Ordinance, no suit or other legal proceedings
shall lie against the
Officer (Revenue)] for any damage caused or likely to be caused by anything,
in good faith, done or intended to be done in pursuance of this Ordinance or
any order made thereunder.
15. Power to make rules.— Government
may make rules for the purposes of carrying into effect the provisions of