PUNJAB REAL ESTATE AGENTS AND MOTOR VEHICLES DEALERS (REGULATION OF BUSINESS) ORDINANCE, 1980
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THE PUNJAB REAL ESTATE AGENTS AND MOTOR VEHICLES DEALERS (REGULATION OF BUSINESS) ORDINANCE, 1980 (VI of 1980)
TEXT 1THE PUNJAB REAL ESTATE AGENTS AND MOTOR VEHICLES DEALERS (REGULATION OF BUSINESS) ORDINANCE, 1980 (VI of 1980) [21st June, 1980] An Ordinance to regulate the business of real estate agents and motor vehicles dealers in the Province of Punjab. Preamble.– WHEREAS it is expedient to regulate the business of real estate agents and motor vehicles dealers in the Province of the Punjab, in the manner hereinafter appearing;
NOW, THEREFORE, in pursuance of the Proclamation of fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No.1 of 1977), the Governor of the Punjab is pleased to make and promulgate the following Ordinance:–
Section 1. Short title, extent and commencement
(1) This Ordinance may be called the Punjab Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) Ordinance, 1980.
(2) It shall extend to the Province of the Punjab.
(3) It shall come into force at once.
Section 2. Definitions
In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them:–
(a) “Government” means the Government of the Punjab;
(b) “motor vehicle” means any propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a tractor, a trailor and a chassis to which a body has not been attached;
(c) “motor vehicles 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;
(d) “prescribed” means proscribed by rules;
(e) “real estate” means immovable property, including land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth;
1This Ordinance was promulgated by the Governor of the Punjab on 21st June, 1980; and, published in the Punjab Gazette
(Extraordinary) dated 21st June, 1980; pages 631-E to 631-I.
(f) “real estate agent” means a person who arranges or negotiates any transaction of sale, exchange, mortgage, lease or tenancy of a real estate in consideration of some commission or other remuneration in cash or otherwise; and
(g) “registering authority” means the 2[Deputy District Officer/ Excise and Taxation Officer or Deputy District Officer/ Assistant Excise and Taxation Officer, as the case may be,] notified by the Government 3[in any specified area] for the purpose, in whose jurisdiction the ordinary place of business of the real estate agent or the motor vehicles dealer is situated.
Section 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 issued by such authority;
Provided that in the case of a person who is already carrying on the business of a real estate agent or a motor vehicles dealer on the date of commencement of this Ordinance, this provision shall not be applicable until the expiry of a period of ninety days from the date of such commencement.
(2) A person already carrying on the business of a real estate agent or a motor vehicles dealer on the date of commencement of this Ordinance shall apply for a certificate of registration within a period of ninety days from the date of such commencement.
(3) If any person already carrying on the business of a real estate agent or a motor vehicles dealer on the date of commencement of this Ordinance fails to apply for a certificate of registration as required under sub-section (2), 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 of a penalty which shall be Rs.500 if the application is made within a period of six months and Rs.1,000 if it is made within a period of one year from the date of the commencement of this Ordinance.
Section 4. Disqualifications
No person shall be registered as a real estate agent or a motor vehicles dealer and granted a certificate of registration 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 found guilty 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 by a court of competent jurisdiction; provided that this disqualification will not
2Substituted for the words and comma “District, Excise and Taxation Officer or any other officer by the Punjab Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) (Amendment) Ordinance, 2002 (XIV of 2002); and published in the Punjab Gazette (Extraordinary), dated 14.3.2002, pages 1109-1110, s.2, which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of Islamic Republic of Pakistan.
3Inserted ibid.
operate if a period of three years has elapsed since the completion of the sentence imposed on any person in respect of any such offence.
Section 5. Procedure for registration
(1) A person who wishes to obtain a certificate of registration to engage in or carry 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 and furnishing of such security as may be prescribed;
4[* * * * * * * * * * * * ]
(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.
Section 6. Renewal of registration
(1) A certificate of registration issued under section 5 shall be valid for a period of one year only and shall be renewable annually.
(2) A real estate agent or a motor vehicles dealer who wishes to get his certificate of registration renewed shall, within thirty days preceding the date of expiry of his certificate, apply to the registering authority concerned in such form and manner and on payment of such fee as may be prescribed;
5[* * * * * * * * * * * * ]
(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 within the period provided in sub-section (2), the registering authority may, instead of taking action against him under the penal provisions of this Ordinance, entertain his application for renewal of registration on payment of a penalty of rupees one hundred if the application is made within one month and rupees five hundred if it is made within three months of the date when the renewal was due.
Section 7. Fixation of Commission
Government may prescribe maximum rate of commission or remuneration which a real estate agent or a motor vehicles dealer may charge on any transaction of real estate or motor vehicle arranged or negotiated by him.
Section 8. Maintenance of record and account etc
(1) A real estate agent and a motor vehicles dealer shall maintain such accounts and other record of the
4The proviso in the original Gazette: “Provided that such fee shall not be more than rupees two thousand” is omitted by the Punjab Finance Act, 1998 (VII of 1998); and published in the Punjab Gazette (Extraordinary), dated 30.6.1998, pages 1577- 1580, s.7. 5The proviso in the original Gazette: “ Provided that such fee shall not be more than rupees six hundred” is omitted by the Punjab Finance Act, 1998 (VII of 1998); and published in the Punjab Gazette (Extraordinary), dated 30.6.1998, pages 1577- 1580, s.7.
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 sub-section (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 authority.
Section 9. Cancellation and suspension of registration
(1) The registering authority may, by an order in writing, cancel or suspend a certificate for such period not exceeding three months for a first breach and not exceeding six months for a second or subsequent breach, as may be specified in that order, if it is satisfied that a real estate agent or a motor vehicles dealer has committed a breach of any of the conditions of the certificate or has committed any of the following malpractices:–
(i) has maintained or submitted incorrect accounts of the transactions;
(ii) has arranged or negotiated a transaction knowing that there was a defect in the title of the real estate or the motor vehicle; or
(iii) has charged commission or remuneration at a rate higher than that prescribed;
Provided that no such order shall be passed without giving the person concerned an opportunity to show cause within fifteen days from the date of issue of show cause notice.
(2) Any person aggrieved by an order passed under sub-section (1) may, within 30 days of the passing of the order, prefer an appeal to the 6[District Officer/Director, Excise and Taxation or District Officer/ Excise and Taxation officer, as notified by the Government] and the decision of the said 7[District Officer/Director, Excise and Taxation or District Officer/ Excise and Taxation officer, as the case may be,] 8[made after giving an opportunity of being heard to the appellant] shall be final.
[9] Section 9A. Recovery of dues
Any amount due under this Ordinance shall be recoverable as arrears of Land revenue.]
Section 10. 10[Offence]
(1) A person who contravenes any of the provisions of this Ordinance shall be punishable with simple imprisonment which may extend to six months or fine which may extend to Rs.5,000 or both.
(2) No court shall take cognizance of the offence under this Ordinance except on a complaint made in writing by the registering authority.
6Substituted for the words and comma “Director, Excise and Taxation, Officer, concerned” by the Punjab Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) (Amendment) Ordinance, 2002 (XIV of 2002); and published in the Punjab Gazette (Extraordinary), dated 14.3.2002, pages 1109-1110, s.3, which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of Islamic Republic of Pakistan.
7Substituted ibid.,s.3, for the words “Director”
8Inserted by the Punjab Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) (Amendment) Ordinance, 1984 (X of 1984); and published in the Punjab Gazette (Extraordinary), dated 18.11.1984, s.2.
9Section 9-A added vide the Punjab Finance Act, 1998 (VII of 1998); and published in the Punjab Gazette (Extraordinary), dated 30.6.1998, pages 1577-1580, s.7. 10Misprinted in the Gazette as “offence”
(3) The offences under this Ordinance shall be bailable.
Section 11. Power to make rules
Government may make rules for carrying into effect the purposes of this Ordinance.
Print contents from the source
CONTENTS 1. Short title, extent & commencement 2. Definitions 3. Prohibition of business without registration 4. Disqualifications 5. Procedure for registration 6. Renewal of registration 7. Fixation of commission 8. Maintenance of record and account etc. 9. Cancellation and suspension of registration 9-A. Recovery of dues 10. Offence 11. Power to make rules
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THE PUNJAB REAL ESTATE AGENTS AND MOTOR
VEHICLES DEALERS (REGULATION OF BUSINESS)
ORDINANCE, 1980
(VI of 1980)
CONTENTS
1. Short title, extent & commencement
2. Definitions
3. Prohibition of business without registration
4. Disqualifications
5. Procedure for registration
6. Renewal of registration
7. Fixation of commission
8. Maintenance of record and account etc.
9. Cancellation and suspension of registration
9-A. Recovery of dues
10. Offence
11. Power to make rules
TEXT
1
THE PUNJAB REAL ESTATE AGENTS AND MOTOR VEHICLES
DEALERS (REGULATION OF BUSINESS) ORDINANCE, 1980
(VI of 1980)
[21st June, 1980]
An
Ordinance
to regulate the business of real estate agents and motor vehicles dealers in the
Province of Punjab.
Preamble.– WHEREAS it is expedient to regulate the business of real estate agents
and motor vehicles dealers in the Province of the Punjab, in the manner hereinafter
appearing;
NOW, THEREFOR E, in pursuance of the Proclamation of fifth day of July,
1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No.1 of
1977), the Governor of the Punjab is pleased to make and promul gate the following
Ordinance:–
1. Short title, extent and commencement.– (1) This Ordinance may be called
the Punjab Real Estate Agents and Motor Vehicles Dealers (Regulation of Business)
Ordinance, 1980.
(2) It shall extend to the Province of the Punjab.
(3) It shall come into force at once.
2. Definitions.– In this Ordinance, unless the context otherwise requires, the
following expressions shall have the meanings hereby respectively assigned to
them:–
(a) “Government” means the Government of the Punjab;
(b) “motor vehicle” means any propelled vehicle adapt ed for use upon
roads whether the power of propulsion is transmitted thereto from an
external or internal source and includes a tractor, a trailor and a
chassis to which a body has not been attached;
(c) “motor vehicles 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;
(d) “prescribed” means proscribed by rules;
(e) “real estate” means immovable property, including land, benefits to
arise out of land, and things attached to the earth , or permanently
fastened to anything attached to the earth;
1This Ordinance was promulgated by the Governor of the Punjab on 21st June, 1980; and, published in the P unjab Gazette
(Extraordinary) dated 21st June, 1980; pages 631-E to 631-I.
(f) “real estate agent” means a person who arranges or negotiates any
transaction of sale, exchange, mortgage, lease or tenancy of a real
estate in consideration of some commission or other remuneration in
cash or otherwise; and
(g) “registering authority” means the
2
[Deputy District Officer/ Excise and
Taxation Officer or Deputy District Officer/ Assistant Excise and
Taxation Officer, as the case may be,] notified by the Government
3
[in
any specified area] for the purpose, in whose jurisdiction the ordinary
place of business of the real estate agent or the motor vehicles dealer
is situated.
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 certifi cate issued by
such authority;
Provided that in the case of a person who is already carrying on the business
of a real estate agent or a motor vehicles dealer on the date of commencement of
this Ordinance, this provision shall not be applicable until the expiry of a period of
ninety days from the date of such commencement.
(2) A person already carrying on the business of a real estate agent or a
motor vehicles dealer on the date of commencement of this Ordinance shall apply for
a certificate of registrat ion within a period of ninety days from the date of such
commencement.
(3) If any person already carrying on the business of a real estate agent or
a motor vehicles dealer on the date of commencement of this Ordinance fails to
apply for a certificate of registration as required under sub-section (2), 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 of a penalty which shall be Rs.500 if the application is made within a period
of six months and Rs.1 ,000 if it is made within a period of one year from the date of
the commencement of this Ordinance.
4. Disqualifications.– No person shall be registered as a real estate agent or a
motor vehicles dealer and granted a certificate of registration 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 found guilty 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 by a court of
competent jurisdiction; provided that this disqualification will not
2Substituted for the words and comma “ District, Excise and Taxation Officer or any other officer by the Punjab Real Estate
Agents and Motor Vehicles Dealers (Regulation of Business) (Amendment) Ordinance, 2002 (XIV of 2002) ; and published in
the Punjab Gazette (Extraordinary), dated 14.3.2002, pages 1109 -1110, s.2, which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstan ding the maximum limit of three months prescribed
under Article 128 of the Constitution of Islamic Republic of Pakistan.
3Inserted ibid.
operate if a period o f three years has elapsed since the completion of
the sentence imposed on any person in respect of any such offence.
5. Procedure for registration.– (1) A person who wishes to obtain a certificate
of registration to engage in or carry 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 and furnishing of such security
as may be prescribed;
4
[* * * * * * * * * * * * ]
(2) The r egistering 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 only and shall be renewable
annually.
(2) A real estate agent or a m otor vehicles dealer who wishes to get his
certificate of registration renewed shall, within thirty days preceding the date of
expiry of his certificate, apply to the registering authority concerned in such form and
manner and on payment of such fee as may be prescribed;
5
[* * * * * * * * * * * * ]
(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 o f 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 within the period provided in sub -section (2),
the registering authority may, instead of taking action against him under the penal
provisions of this Ordinance, entertain his application for renewal of registration on
payment of a penalty of rupees one hundred if the application is made within one
month and rupees five hundred if it is made within three months of the date when the
renewal was due.
7. Fixation of Commission.– Government may prescribe maximum rate of
commission or remuneration which a real estate agent or a motor vehicles dealer
may charge on any transaction of real estate or motor vehicle arranged or negotiated
by him.
8. Maintenance of record and account etc .– (1) A real estate agent and a
motor vehicles dealer shall maintain such accounts and other record of the
4The proviso in the original Gazette: “Provided that such fee shall not be more than rupees two thousand ” is omitted by the
Punjab Finance Act, 1998 (VII of 1998); and published in the Punjab Gazette (Extraordinary), dated 30.6.1998, pages 1577 -
1580, s.7.
5The proviso in the original Gazette: “ Provided that such fee shall not be more than rupees six hundred ” is omitted by the
Punjab Finance Act, 1998 (VII of 1998); and published in the Punjab Gazette (Extraordinary), dated 30.6.1998, pages 1577 -
1580, s.7.
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
sub-section (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 authority.
9. Cancellation and suspension of registration .– (1) The registering authority
may, by an order in writing, cancel or suspend a certificate for su ch period not
exceeding three months for a first breach and not exceeding six months for a second
or subsequent breach , as may be specified in that order, if it is satisfied that a real
estate agent or a motor vehicles dealer has committed a breach of any of the
conditions of the certificate or has committed any of the following malpractices:–
(i) has maintained or submitted incorrect accounts of the transactions;
(ii) has arranged or negotiated a transaction knowing that there was a
defect in the title of the real estate or the motor vehicle; or
(iii) has charged commission or remuneration at a rate higher than that
prescribed;
Provided that no such order shall be passed without giving the person
concerned an opportunity to show cause within fifteen days from the date of issue of
show cause notice.
(2) Any person aggrieved by an order passed under sub -section (1) may,
within 30 days of the passing of the order, prefer an appeal to the
6
[District
Officer/Director, Excise and Taxation or District Officer/ Ex cise and Taxation officer,
as notified by the Government] and the decision of the said
7
[District Officer/Director,
Excise and Taxation or District Officer/ Excise and Taxation officer, as the case may
be,]
8
[made after giving an opportunity of being heard to the appellant] shall be final.
9
[9-A. Recovery of dues .– Any amount due under this Ordinance shall be
recoverable as arrears of Land revenue.]
10.
10
[Offence].– (1) A person who contravenes any of the provisions of this
Ordinance shall be punishable wi th simple imprisonment which may extend to six
months or fine which may extend to Rs.5,000 or both.
(2) No court shall take cognizance of the offence under this Ordinance
except on a complaint made in writing by the registering authority.
6Substituted for the words and comma “ Director, Excise and Taxation, Officer, concerned” by the Punjab Real Estate Age nts
and Motor Vehicles Dealers (Regulation of Business) (Amendment) Ordinance, 2002 (XIV of 2002); and published in the
Punjab Gazette (Extraordinary), dated 14.3.2002, pages 1109 -1110, s. 3, which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed
under Article 128 of the Constitution of Islamic Republic of Pakistan.
7Substituted ibid.,s.3, for the words “Director”
8Inserted by the Punjab Real Es tate Agents and Motor Vehicles Dealers (Regulation of Business) (Amendment) Ordinance,
1984 (X of 1984); and published in the Punjab Gazette (Extraordinary), dated 18.11.1984, s.2.
9Section 9 -A added vide the Punjab Finance Act, 1998 (VII of 1998); and pub lished in the Punjab Gazette (Extraordinary),
dated 30.6.1998, pages 1577-1580, s.7.
10Misprinted in the Gazette as “offence”
(3) The offences under this Ordinance shall be bailable.
11. Power to make rules .– Government may make rules for carrying into effect
the purposes of this Ordinance.This law in the library
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e r egistering 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 s
Section 5
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cles 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 only and shall be renewable annually. (2) A real estate agent or a m otor vehicles dealer who wishes to get his certificate of registration renewed shall, within thirty days precedin
Section 4
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he 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 o f 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 within the period provid
Provisions explicitly cited in other instruments 2
Article 128 of Constitution of the Islamic Republic of Pakistan
Cited by PUNJAB REAL ESTATE AGENTS AND MOTOR VEHICLES DEALERS (REGULATION OF BUSINESS) ORDINANCE, 1980
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remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstan ding the maximum limit of three months prescribed under Article 128 of the Constitution of Islamic Republic of Pakistan. 3Inserted ibid. operate if a period o f three years has elapsed since the completion of the sentence imposed on any person in respect of any such offence. 5. Procedure for registration.– (1) A person who wishes to obtain
Target heading · Constitution of the Islamic Republic of Pakistan
128. Power of Governor to promulgate Ordinances .__ (1) The Governor may, except when the Provincial Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require. (2) An Ordinance promulgated un
Article 128 of Constitution of the Islamic Republic of Pakistan
Cited by PUNJAB REAL ESTATE AGENTS AND MOTOR VEHICLES DEALERS (REGULATION OF BUSINESS) ORDINANCE, 1980
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remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of Islamic Republic of Pakistan. 7Substituted ibid.,s.3, for the words “Director” 8Inserted by the Punjab Real Es tate Agents and Motor Vehicles Dealers (Regulation of Business) (Amendment) Ordinance, 1984 (X of 1984); and published in the Punjab Gazette
Target heading · Constitution of the Islamic Republic of Pakistan
128. Power of Governor to promulgate Ordinances .__ (1) The Governor may, except when the Provincial Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require. (2) An Ordinance promulgated un
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