Islamabad Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) Ordinance, 1984

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THE ISLAMABAD REAL ESTATE AGENTS AND MOTOR VEHICLES 
DEALERS (REGULATION OF BUSINESS) ORDINANCE, 1984 
 
  
 
       CONTENTS 
1.  Short title, extent and commencement.  
2.  Definitions.  
3.  Prohibition of business without registration.  
4.  Certain persons not to be registered.  
5.  Procedure for registration.  
6.  Renewal of registration.  
7  Fixation of Commission.  
8. Maintenance of record and accounts, etc.  
9.  Power to enter and examine books, etc.  
10. Cancellation and Suspension of registration.  
11.  Penalties, etc.  
12.  Powers to make rules. 
  
 
 

 
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THE ISLAMABAD REAL ESTATE AGENTS AND MOTOR VEHICLES 
DEALERS (REGULATION OF BUSINESS) ORDINANCE, 1984 
ORDINANCE No. XIII OF 1984 
[10th April, 1984]    
An Ordinance to regulate the business of real estate agents and motor vehicles dealers in the 
Islamabad Capital Territory. 
 WHEREAS it is expedient to regulate the business of real estate agents and  motor vehicles 
dealers in the Islamabad Capital Territory ;  
 AND WHEREAS the President is satisfied that circumstances exist which render it necessary
 totake 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 president is pleased to make and progulgate the 
following Ordinance:  
 1. Short title, extent and commencement. (1) This Ordinance may be called the Islamabad 
Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) Ordinance, 1984. 
  (2) It extends to the Islamabad Capital Territory.  
 (3) It shall come into force at once.  
 2.Definitions.In thisOrdinance, unless there is anything repugnant in the subject or context,— 
(a) “motor vehicle” mean any mechanically propelled vehicle adapted for use upon 
roads whether the power of propulsion i s 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 ; 
(b) “motor ve hicles 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 sale or purchase of motor vehicles ; 
(c) “prescribed” means prescribed by rules ; 
(d) “real estate” means immovable property ; 
(e) “real estate agent” means a person who arranges or negotiates any transaction 
of sale, exchange, lease or tenancy of real estate in consideration of some 
commission or other remuneration in cash or otherwise ; 
(f) “registering authority ” means the District Excise and Taxation Of ficer, 
Islamabad or any other officer authorised by the Federal Government to 
exercise the powers of registering authority under this Ordinance ; and 
 
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(g) “rules” means rules made under this Ordinance. 
 3. Prohibition of business without registration.(1) No person shall engage in or carry on the 
business of a real estate agent or a motor vehicles dealer unless he is registered with the registering 
authority and holds a valid certificate of registration issued by such authority: 
 Provided that this sub­section shall not apply to any person who was carrying on the business 
of a real estate agent or a motor vehicles dealer immediately before the date of commencement of 
this Ordinance until the expiration of a period of thirty days from the date on which the rules co me 
into force. 
 (2) A person referred to in the proviso to sub­section (1) who desires to carry on the business 
of a real estate agent or, as the case may be, motor vehicles dealer after the commencement of this 
Ordinance shall apply for a certificate of registration within a period of thirty days from the date on 
which the rules come into force. 
 (3) If any person referred to in the proviso to sub­section (1) continues to carry on his business 
after the expiration of the period specified in sub­section (2) and fails to apply for a certificate of 
registration as required by that sub­section, 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 of registration on payment by him of a penalty not exceeding five hundred rupees if the 
application is made within a period of three months from the date on which the rules come into force 
and a penalty not exceeding one thousand rupees if the application is made within a period exceeding 
three months but not exceeding six months from the said date. 
 
 4. Certain persons not to be registered. No person shall be registered as a real estate agent 
or a motor vehicles dealer if he— 
(a) is a minor ; or 
(b) is found to be of unsound mind by a Court of competent jurisdiction; or 
(c) is a declared insolvent; or 
(d) has been, on conviction for an offence 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, sentenced to imprisonment, unless a 
period of three years has elapsed since his release. 
 5. Procedure for registration. (1) A person who wishes to obtain a certificate of registration 
to engage in or carr y on the business of a real estate agent or a motor vehicles dealer shall make an 
application to the registering authority concerned in such form and manner and on payment of such 
fee, not exceeding two thousand rupees, and furnishing of such security as may be prescribed.  
 (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. 
 6. Renewal of registration. (1) A certificate of registration issued under section 5 shall be 
valid for a period of one year and shall be renewable from year to year. 
 
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 (2) A real estate agent or a motor vehicles dealer who wishes to get his certificate of 
registration renewed shall, not less than thirty days preceding the date on which the validity of the 
certificate is due to expire, apply to the registering authority  in such form and manner and on payment of 
such fee, not exceeding one thousand rupees, 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 in accordance with sub­section (2) and continues to carry on his business after the date 
on which the validity of his certificate of registration expires, the registering authority may, instead of taking 
action against him under the penal provisions of this Ordinance, entertain his application for renewal 
of the certificate on payment by him of a penalty not exceeding two hundred and fifty rupees if the 
application is made within one month of the date on which the validity of the certificate expires and a 
penalty not exceeding five hundred rupees if the application is made within a period exceeding one 
month but not exceeding three months from the said date. 
 7. Fixation of commission. The Federal Government may prescribe the maximum rate of 
commission or remuneration which a real estate agent or a motor vehicles dealer may charge on any 
transaction arranged or negotiated by him. 
 
 8. Maintenance of record and accounts, etc. (1) A real estate agent and a motor vehicle dealer 
shall maintain such accounts and other record of the transactions arranged, negotiated or made by him 
and in such manner as may be prescribed 
 
 (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 sub­section (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 said officer or authority. 
 9. Power to enter  and examine books, etc.  (1) The registering authority or an officer, not 
below the rank of an Inspector, Excise and Taxation, authorised by him may enter any place of business 
or office of a real estate agent or motor vehicles dealer at any reasonable time in order to satisfy himself 
that the provisions of this Ordinance and the rules are being complied with, and may call for and inspect 
any books of accounts or documents kept in such place. 
 (2) If any person prevents the registering authority or an officer authorised under sub­section 
(1) from entering the place of business or office or from examining the books or documents, or obstructs 
him in the exercise of those powers, he shall be punishable with fine which may extend to two thousand 
rupees. 
 10. Cancellation and suspension of registration. (1) If the registering authority is satisfied 
that a real estate agent or motor vehicles dealer has committed any breach of the conditions of the 
certificate of registration granted to him or—  
 
 
 
(a) maintained or produced before the prescribed officer or authority an incorrect 
 
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account of any transaction negotiated or arranged by him ; 
(b) negotiated or arranged a transaction in respect of a real estate or motor vehicle 
knowing that there was a defect in the title of the real estate or motor vehicle ; 
or 
(c) charged commission or remuneration in excess of the maximum rates 
prescribed, 
 
 The registering authority may, by order in writing cancel or suspend the cer tificate of 
registration for such period, not exceeding three months, as may be specified in the order: 
Provided that, if such agent or dealer subsequently commits any breach of the conditions of the 
certificate of registration or does any act as aforesaid, the period for which the certificate is suspended 
may extend to six months: 
Provided further that no such order shall be passed unless such agent or dealer has been given 
not less than seven days notice to show cause against it. 
(2) Any person aggrieved by an order passed under sub­section (1) may, within thirty days of the 
passing of the order, prefer an appeal to the Administrator, Islamabad Capital Territory, whose 
decision shall be final, 
1
[:] 
1
[Provided that no orders on such appeal shall be passed unless the appellant has been given an 
opportunity of being heard.] 
 11. Penalties, etc. (1) Whoever contravenes any of the provisions of this Ordinance shall 
without prejudice to any other action that may be taken against him under this Ordinance, be 
punishable with simple imprisonment for a term which may extend to six months, or with fine which 
may extend to five thousand rupees, or with both. 
 (2) No Court shall take cognizance of an offence punishable under this Ordinance except on a 
complaint in writing made by the registering authority 
 
 12. Powers to make rules. (1) The Federal Government may, by notification in the official 
Gazette, make rules for carrying out the purposes of this Ordinance 
 
 (2) The rules may provide that any contravention of, or failure to comply with, any of the 
provisions thereof shall be punishable with fine which may extend to two thousand rupees. 
 
 
 
 
 
 
 
1
Subs. and added by Act II of 1989, s. 2.