Armed Forces Civil General Transport Companies and Requisition of Civil Transport Ordinance, 2002
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THE ARMED FORCES CIVIL GENERAL TRANSPORT COMPANIES AND REQUISITION OF CIVIL TRANSPORT ORDINANCE, 2002
THE ARMED FORCES CIVIL GENERAL TRANSPORT COMPANIES AND REQUISITION OF CIVIL TRANSPORT ORDINANCE, 2002 ORDINANCE NO CXXII OF 2002 [14th November, 2002] An Ordinance to provide for raising of civil general transport companies and for requisition of civil transport for the Armed Forces WHEREAS it is expedient to provide for raising of civil general transport companies and for requisition of civil transport for the Armed Forces at a short notice to meet their transport requirements for mobilizing the logistics resources before the declaration of emergency it view of unpredictable operation activity of any adversary of Pakistan; AND WHEREAS the President is satisfied that circumstances exist which render in necessary to take immediate action;
NOW, THEREFORE in pursuance of the Proclamation of Emergency of the fourteenth day of October 1999, and the Provisional Constitution Order No.1 of 1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:___
Section 1. Short title, extent and commencement
(1) This Ordinance may be called the Armed Forces Civil General Transport Companies and Requisition of Civil Transport Ordinance, 2002.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once and shall be deemed to have taken effect on the twenty- third day of December, 2001.
Section 2. Definitions
In this Ordinance unless there is anything repugnant in the subject or context:___
(a) “Armed Forces” means the Army, Navy or Air Force of Pakistan or any Armed Forces raised or maintained by the Federal Government including Civil Armed Forces, or any other Armed Forces attached to, or operating with, any such force or forces;
(b) “Civil transport” means any vehicle or transport owned by a department of the Federal Government, a Provincial Government or a local body, or any private transport or vehicle owned by any person residing within territorial limits of Pakistan and includes all types of locomotives, general purpose mechanical transport and specialized transport vehicles and related equipment or plant; and
(c) “Prescribed Authority” means the Secretary to the Government of Pakistan, Ministry of Defence, or any other officer designated by him for the purpose.
Section 3. Raising of general transport companies and requisition of civil transport
(1) The Prescribed Authority may on behalf of the Federal Government, raise civil general transport companies and requisition civil transport whenever such raising and requisitioning is considered necessary or expedient, even prior to the declaration of emergency in Pakistan:
Provided that in the case of requisition of civil transport, compensation shall be paid as may be prescribed by rules.
(2) The control over civil general transport companies and civil transport referred to in sub- section (1), may be exercised by members of the Armed Forces.
Section 4. Provision of this Ordinance to be in addition to, and not in derogation, of other laws
The provisions of this Ordinance shall be in addition to, and not in derogation of, the provisions of any other law, rules or regulations for the time being in force authorizing the Federal Government to requisition civil transport for such purpose as specified in any such law, rules or regulations.
Section 5. Power 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) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the procedure for raising of civil general transport companies and requisition of civil transport;
(b) the management, control and dissolution of civil general transport companies;
(c) fixation of pay and allowances to be paid to a driver and a conductor of the requisitioned civil transport;
(d) fixation of daily charges payable to an owner of the requisitioned civil transport; and
(e) extent of compensation payable to an owner of the requisitioned civil transport on account of any damage due to enemy action.
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CONTENTS 1. Short title, extent and commencement 2. Definitions 3. Raising of general transport companies and requisition of civil transport 4. Provision of this Ordinance to be in addition to, and not in derogation, of other laws 5. Power to make rules
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Page 1 of 3
THE ARMED FORCES CIVIL GENERAL TRANSPORT
COMPANIES AND REQUISITION OF CIVIL TRANSPORT
ORDINANCE, 2002
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. Raising of general transport companies and requisition of civil transport
4. Provision of this Ordinance to be in addition to, and not in derogation, of other laws
5. Power to make rules
Page 2 of 3
THE ARMED FORCES CIVIL GENERAL TRANSPORT COMPANIES AND
REQUISITION OF CIVIL TRANSPORT ORDINANCE, 2002
ORDINANCE NO CXXII OF 2002
[14th November, 2002]
An Ordinance to provide for raising of civil general transport companies and for requisition of civil
transport for the Armed Forces
WHEREAS it is expedient to provide for raising of civil general transport companies and for
requisition of civil transport for the Armed Forces at a short notice to meet their transport
requirements for mobilizing the logistics resources before the declaration of emergency i t view of
unpredictable operation activity of any adversary of Pakistan;
AND WHEREAS the President is satisfied that circumstances exist which render in necessary
to take immediate action;
NOW, THEREFORE in pursuance of the Proclamation of Emer gency of the f ourteenth day
of October 1999, and the Provisional Constitution Order No.1 of 1999, read with the Provisional
Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that
behalf, the President of the Islamic Republic of Pakistan is pleased to make and promul gate the
following Ordinance:___
1. Short title, extent and commencement. ___(1) This Ordinance may be called the Armed
Forces Civil General Transport Companies and Requisition of Civil Transport Ordinance, 2002.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once and shall be deemed to have taken effect on the twenty -
third day of December, 2001.
2. Definitions.___In this Ordinance unless there is anything repugnant in the sub ject or
context:___
(a) “Armed Forces ” means the Army, Navy or Air Force of Pakistan or any
Armed Forces raised or maintained by the Federal Government including Civil
Armed Forces, or any other Armed Forces attached to, or operating with, any
such force or forces;
(b) “Civil transport” means any vehicle or transport owned by a department of the
Federal Government, a Provincial Government or a local body , or any private
transport or vehicle owned by any person residing within territorial limits of
Pakistan and includes all types of locomotives, general purpose mechanical
transport and specialized transport vehicles and related equipment or plant;
and
(c) “Prescribed Authority ” means the Secretary to the Government of Pakistan,
Ministry of Defence, or any other officer designated by him for the purpose.
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3. Raising of general transport companies and r equisition of civil transport. ___(1) The
Prescribed Authority may on behalf of the Federal Government, raise civil general transport
companies and requisition civil transport whenever such raising and requisitioning is considered
necessary or expedient, even prior to the declaration of emergency in Pakistan:
Provided that in the case of requisition of civil transport , compensation shall be paid as may
be prescribed by rules.
(2) The control over civil general transport companies and civil transport referred to in sub -
section (1), may be exercised by members of the Armed Forces.
4. Provision of this Ordinance to be in addition to, and no t in derogation , of other
laws.___The provisions of this Ordinance shall be in addition to, and not in derogation of, the
provisions of any other law, rules or regulations for the time being in force authorizing the Federal
Government to requisition civil transport for such purpose as specified in any such law , rules or
regulations.
5. Power 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) In particular and without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:—
(a) the procedure for raising of civil general transport companies and requisition
of civil transport;
(b) the management, control and dissolution of civil general transport companies;
(c) fixation of pay and allowances to be paid to a driver and a conductor of the
requisitioned civil transport;
(d) fixation of daily charges payable to an owner of the requisitioned civil
transport; and
(e) extent of compensation payable to an owner of the requisitioned civil transport
on account of any damage due to enemy action.
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