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  "title": "PUNJAB REAL ESTATE AGENTS AND MOTOR VEHICLES DEALERS (REGULATION OF BUSINESS) ORDINANCE, 1980",
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  "text": "THE PUNJAB REAL ESTATE AGENTS AND MOTOR \r\nVEHICLES DEALERS (REGULATION OF BUSINESS) \r\nORDINANCE, 1980 \r\n(VI of 1980) \r\nCONTENTS \r\n1. Short title, extent & commencement \r\n2. Definitions \r\n3. Prohibition of business without registration \r\n4. Disqualifications \r\n5. Procedure for registration \r\n6. Renewal of registration \r\n7. Fixation of commission \r\n8. Maintenance of record and account etc. \r\n9. Cancellation and suspension of registration \r\n9-A. Recovery of dues \r\n10. Offence \r\n11. Power to make rules \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB REAL ESTATE AGENTS AND MOTOR VEHICLES \r\nDEALERS (REGULATION OF BUSINESS) ORDINANCE, 1980 \r\n(VI of 1980) \r\n[21st June, 1980] \r\nAn \r\nOrdinance \r\nto regulate the business of real estate agents and motor vehicles dealers in the \r\nProvince of Punjab. \r\nPreamble.– WHEREAS it is expedient to regulate the business of real estate agents \r\nand motor vehicles dealers in the Province of the Punjab, in the manner hereinafter \r\nappearing; \r\n NOW, THEREFOR E, in pursuance of the Proclamation of fifth day of July, \r\n1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No.1 of \r\n1977), the Governor of the Punjab is pleased to make and promul gate the following \r\nOrdinance:– \r\n1. Short title, extent and commencement.– (1) This Ordinance may be called \r\nthe Punjab Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) \r\nOrdinance, 1980.  \r\n (2) It shall extend to the Province of the Punjab. \r\n (3) It shall come into force at once. \r\n2. Definitions.– In this Ordinance, unless the context otherwise requires, the \r\nfollowing expressions shall have the meanings hereby respectively assigned to \r\nthem:– \r\n(a) “Government” means the Government of the Punjab; \r\n(b) “motor vehicle” means any propelled vehicle adapt ed for use upon \r\nroads whether the power of propulsion is transmitted thereto from an \r\nexternal or internal source and includes a tractor, a trailor and a \r\nchassis to which a body has not been attached; \r\n(c) “motor vehicles dealer” means a person who arranges or negotiates \r\nany transaction of sale, exchange, transfer or pledge of a motor vehicle \r\nin consideration of some commission or other remuneration in cash or \r\notherwise or who deals in sale or purchase of motor vehicles; \r\n(d) “prescribed” means proscribed by rules; \r\n(e) “real estate” means immovable property, including land, benefits to \r\narise out of land, and things attached to the earth , or permanently \r\nfastened to anything attached to the earth; \r\n                                                           \r\n1This Ordinance was promulgated by the Governor of the Punjab on 21st June, 1980; and, published in the P unjab Gazette \r\n(Extraordinary) dated 21st June, 1980; pages 631-E to 631-I. \r\n(f) “real estate agent” means a person who arranges or negotiates any \r\ntransaction of sale, exchange, mortgage, lease or tenancy of a real \r\nestate in consideration of some commission or other remuneration in \r\ncash or otherwise; and \r\n(g) “registering authority” means the \r\n2\r\n[Deputy District Officer/ Excise and \r\nTaxation Officer  or Deputy District Officer/ Assistant Excise and \r\nTaxation Officer, as the case may be,] notified by the Government \r\n3\r\n[in \r\nany specified area] for the purpose, in whose jurisdiction the ordinary \r\nplace of business of the real estate agent or the motor vehicles  dealer \r\nis situated. \r\n3. Prohibition of business without registration .– (1) No person shall engage \r\nin or carry on the business of a real estate agent or a motor vehicles dealer unless \r\nhe is registered with the registering authority and holds a valid certifi cate issued by \r\nsuch authority; \r\n Provided that in the case of a person who is already carrying on the business \r\nof a real estate agent or a motor vehicles dealer on the date of commencement of \r\nthis Ordinance, this provision shall not be applicable until the expiry of a period of \r\nninety days from the date of such commencement.  \r\n (2) A person already carrying on the business of a real estate agent or a \r\nmotor vehicles dealer on the date of commencement of this Ordinance shall apply for \r\na certificate of registrat ion within a period of ninety days from the date of such \r\ncommencement.  \r\n (3) If any person already carrying on the business of a real estate agent or \r\na motor vehicles dealer on the date of commencement of this Ordinance fails to \r\napply for a certificate of registration as required under sub-section (2), the registering \r\nauthority may, instead of taking action against him under the penal provisions of this \r\nOrdinance, entertain his application for grant of a certificate of registration on \r\npayment of a penalty which shall be Rs.500 if the application is made within a period \r\nof six months and Rs.1 ,000 if it is made within a period of one year from the date of \r\nthe commencement of this Ordinance. \r\n4. Disqualifications.– No person shall be registered as a real estate agent or a \r\nmotor vehicles dealer and granted a certificate of registration if he:– \r\n(a) is a minor; or \r\n(b) is found to be of unsound mind by a court of competent jurisdiction; or \r\n(c) is a declared insolvent; or \r\n(d) has been found guilty of criminal misappropriation or criminal breach of \r\ntrust or cheating or any other offence involving moral turpitude or an \r\nabetment of or attempt to commit any such offence by a court of \r\ncompetent jurisdiction; provided that this disqualification will not \r\n                                                           \r\n2Substituted for the words and comma “ District, Excise and Taxation Officer or any other officer  by the Punjab Real Estate \r\nAgents and Motor Vehicles Dealers (Regulation of Business)  (Amendment) Ordinance, 2002 (XIV of 2002) ; and published in \r\nthe Punjab Gazette (Extraordinary), dated 14.3.2002, pages 1109 -1110, s.2, which will remain in force under the Provisional \r\nConstitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstan ding the maximum limit of three months prescribed \r\nunder Article 128 of the Constitution of Islamic Republic of Pakistan. \r\n3Inserted ibid. \r\noperate if a period o f three years has elapsed since the completion of \r\nthe sentence imposed on any person in respect of any such offence. \r\n5. Procedure for registration.– (1) A person who wishes to obtain a certificate \r\nof registration to engage in or carry on the business of a real estate agent or a motor \r\nvehicles dealer shall make an application to the registering authority concerned in \r\nsuch form and manner and on payment of such fee and furnishing of such security \r\nas may be prescribed; \r\n \r\n4\r\n[* * * * * * * * * * * *   ] \r\n (2) The r egistering authority, on being satisfied that the applicant has \r\nfulfilled all the requirements and does not suffer from any of the disqualifications laid \r\ndown in section 4, shall register him as a real estate agent or a motor vehicles \r\ndealer, as the case may be, and grant him a certificate in the prescribed form. \r\n6.  Renewal of registration .–  (1) A certificate of registration issued under \r\nsection 5 shall be valid for a period of one year only and shall be renewable \r\nannually. \r\n (2) A real estate agent or a m otor vehicles dealer who wishes to get his \r\ncertificate of registration renewed shall, within thirty days preceding the date of \r\nexpiry of his certificate, apply to the registering authority concerned in such form and \r\nmanner and on payment of such fee as may be prescribed; \r\n \r\n5\r\n[* * * * * * * * * * * *   ] \r\n(3) The registering authority, on being satisfied that the applicant has \r\nfulfilled all the requirements and does not suffer from any of the disqualifications laid \r\ndown in section 4, shall grant a certificate o f renewal of registration in the prescribed \r\nform. \r\n(4) If a real estate agent or a motor vehicles dealer fails to apply for the \r\nrenewal of his certificate of registration within the period provided in sub -section (2), \r\nthe registering authority may, instead of taking action against him under the penal \r\nprovisions of this Ordinance, entertain his application for renewal of registration on \r\npayment of a penalty of rupees one hundred if the application is made within one \r\nmonth and rupees five hundred if it is made within three months of the date when the \r\nrenewal was due. \r\n7. Fixation of Commission.– Government may prescribe maximum rate of \r\ncommission or remuneration which a real estate agent or a motor vehicles dealer \r\nmay charge on any transaction of real estate or motor vehicle arranged or negotiated \r\nby him.  \r\n8.  Maintenance of record and account etc .– (1) A real estate agent and a \r\nmotor vehicles dealer shall maintain such accounts and other record of the \r\n                                                           \r\n4The proviso in the original Gazette: “Provided that such fee shall not be more than rupees two thousand ” is omitted by  the \r\nPunjab Finance Act, 1998 (VII of 1998); and published in the Punjab Gazette (Extraordinary), dated 30.6.1998, pages 1577 -\r\n1580, s.7. \r\n5The proviso in the original Gazette: “ Provided that such fee shall not be more than rupees six hundred ” is omitted by   the \r\nPunjab Finance Act, 1998 (VII of 1998); and published in the Punjab Gazette (Extraordinary), dated 30.6.1998, pages 1577 -\r\n1580, s.7. \r\ntransactions arranged, negotiated or made by him and in such manner as may be \r\nprescribed. \r\n (2) A real estate agent and a motor vehicles dealer shall, as and when \r\nrequired to do so, produce the accounts and other record maintained by him under \r\nsub-section (1) before such officer or authority as may be prescribed and shall also \r\nsupply such information and in such form and within such time as may be required \r\nby the authority. \r\n9. Cancellation and suspension of registration .– (1) The registering authority \r\nmay, by an order in writing, cancel or suspend a certificate for su ch period not \r\nexceeding three months for a first breach and not exceeding six months for a second \r\nor subsequent breach , as may be specified in that order, if it is satisfied that a real \r\nestate agent or a motor vehicles dealer has committed a breach of any of the \r\nconditions of the certificate or has committed any of the following malpractices:–  \r\n(i) has maintained or submitted incorrect accounts of the transactions; \r\n(ii) has arranged or negotiated a transaction knowing that there was a \r\ndefect in the title of the real estate or the motor vehicle; or \r\n(iii) has charged commission or remuneration at a rate higher than that \r\nprescribed; \r\n Provided that no such order shall be passed without giving the person \r\nconcerned an opportunity to show cause within fifteen days from the date of issue of \r\nshow cause notice. \r\n(2) Any person aggrieved by an order passed under sub -section (1) may, \r\nwithin 30 days of the passing of the order, prefer an appeal to the \r\n6\r\n[District \r\nOfficer/Director, Excise and Taxation or District Officer/ Ex cise and Taxation officer, \r\nas notified by the Government] and the decision of the said \r\n7\r\n[District Officer/Director, \r\nExcise and Taxation or District Officer/ Excise and Taxation officer, as the case may \r\nbe,] \r\n8\r\n[made after giving an opportunity of being heard to the appellant] shall be final. \r\n9\r\n[9-A. Recovery of dues .– Any amount due under this Ordinance shall be \r\nrecoverable as arrears of Land revenue.] \r\n10.  \r\n10\r\n[Offence].– (1) A person who contravenes any of the provisions of this \r\nOrdinance shall be punishable wi th simple imprisonment which may extend to six \r\nmonths or fine which may extend to Rs.5,000 or both. \r\n (2) No court shall take cognizance of the offence under this Ordinance \r\nexcept on a complaint made in writing by the registering authority. \r\n                                                           \r\n6Substituted for the words and comma “ Director, Excise and Taxation, Officer, concerned” by the Punjab Real Estate Age nts \r\nand Motor Vehicles Dealers (Regulation of Business) (Amendment) Ordinance, 2002 (XIV of 2002); and published in the \r\nPunjab Gazette (Extraordinary), dated 14.3.2002, pages 1109 -1110, s. 3, which will remain in force under the Provisional \r\nConstitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed \r\nunder Article 128 of the Constitution of Islamic Republic of Pakistan. \r\n7Substituted ibid.,s.3, for the words “Director” \r\n8Inserted by the Punjab Real Es tate Agents and Motor Vehicles Dealers (Regulation of Business) (Amendment) Ordinance, \r\n1984 (X of 1984); and published in the Punjab Gazette (Extraordinary), dated 18.11.1984, s.2. \r\n9Section 9 -A added vide the Punjab Finance Act, 1998  (VII of 1998); and pub lished in the Punjab Gazette (Extraordinary), \r\ndated 30.6.1998, pages 1577-1580, s.7. \r\n10Misprinted in the Gazette as “offence” \r\n (3) The offences under this Ordinance shall be bailable. \r\n11. Power to make rules .– Government may make rules for carrying into effect \r\nthe purposes of this Ordinance.",
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