MOTOR VEHICLES (DRIVERS) ORDINANCE 1942

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THE MOTOR VEHICLES (DRIVERS) ORDINANCE, 1942 
(V of 1942) 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Register of motor vehicles drivers 
4. Power to requisition services 
5. Registered persons to notify changes of address, and obtain permission 
to leave area of registration 
6. Penalties 
6A. Reinstatement of person whose services are required 
6B. Subjection of certain persons to Act, XXXIX of 1952 
7. Sanction of prosecutions 
8. Power to make rules 
TEXT 
THE MOTOR VEHICLES (DRIVERS) ORDINANCE, 1942 
(V of 1942) 
[27th January, 1942] 
An 
Ordinance 
to provide for the requisitioning on behalf of Government of the services of persons 
capable of driving motor vehicles. 
 WHEREAS an emergency has arisen which makes it necessary to take 
powers to require persons capable of driving motor vehicles to place themselves and 
their services at the disposal of Government; 
 NOW, THEREFORE, in exercise of the powers conferred by section 72 of the 
Government of India Act, as set out in the Ninth Schedule to the Government of India 
Act, 1935, the Governor General is pleased to make and promulgate the following 
Ordinance:- 26 Geo 5,c.2 
1. Short title, extent and commencement.– (1) This Ordinance may be called 
the Motor Vehicles (Drivers) Ordinance, 1942. 
1
[(2) It extends to the whole of Pakistan.] 
(3) It shall come into force at once. 
2. Definitions.– In this Ordinance, unless there is anything repugnant in the 
subject or context,– 
(a) “licensing authority” means a licensing authority appointed for the 
purposes of the Motor Vehicles Act, 1939(IV of 1939);  
(b) “motor vehicle” means any mechanically propelled vehicle adapted for 
use upon roads;  
2
[(c) * * * * * * * * * * *   ] 
(d) "transport vehicle" has the meaning assigned to that expression in the 
Motor Vehicles Act, 1939 (IV of 1939). 
3
[3. Register of motor vehicles drivers.– (1) The Provincial Government may 
cause any licensing authority to prepare for the Province or for any area in the 
Province, a register in which shall be entered the names of such persons within the 
Province or area, as the case may be, who are capable of driving a motor vehicle as 
the licensing authority may think fit to enter, together with such details of their 
qualifications as drivers as may be prescribed by rules made under section 8. 
                                                 
1Substituted  by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960) w.e.f 14.10.1955, S .3 and 2nd Schedule, for 
the original sub-section (2), as amended by A.0., 1949 ;and published in Gazette (Extraordinary), dated 9.6.1960. 
2Omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960) w.e.f 14.10.1955, S .3 and 2nd Schedule; and 
published in Gazette (Extraordinary), dated 9.6.1960. 
3Inserted by the Motor Vehicles (Drivers) (Amendment) Act,1952(LXII of 1952) w.e.f.18.12.1952 s.2. The original ss. 3 to 6 
were repealed by the Repealing Ordinance, 1946 (1 of 1946), s. 2.) 
 (2) The register shall show under separate headings the names of those 
persons who are capable of driving a transport vehicle and those persons who are 
not so capable. 
 (3) The licensing authority shall, on entering the name of any person in the 
register, send to that person a notice in writing informing him that his name has been 
entered in the register for the Province or area, as the case may be, stating whether 
he has been registered as capable of driving a transport vehicle or not, and informing 
him of the provisions of sections 4 and 5 of this Ordinance.  
 (4) The licensing authority may, for the purpose of preparing the register 
under sub-section (1), by notice in writing, call upon any person to furnish in 
accordance with the requirements of the notice any information relating to his 
qualifications as a driver of motor vehicles which may be required by such notice. 
4. Power to requisition services.– (1) Any officer empowered in this behalf by 
the Provincial Government may, by an order in writing delivered to any person 
whose name is entered in the register referred to in section 3, require him to present 
himself at such time and at such place and to such authority as may be specified in 
the order and to perform such services as may be so specified or as may be required 
of him by the authority to whom he has presented himself in pursuance of such 
order. 
 (2) An order under sub-section (1) may require a person to drive a motor 
vehicle notwithstanding that he is not licensed under the Motor Vehicles Act, 1939 
(IV of 1939), to drive a motor vehicle or a motor vehicle of the class to which the 
vehicle to be driven belongs, and nothing in section 3 of the Motor Vehicles Act, 
1939 (IV of 1939), shall apply to such person in respect of any motor vehicle driven 
by him in obedience to any such order.  
5. Registered persons to notify changes of address, and obtain permission 
to leave area of registration.– Any person to whom the notice under sub-section 
(3) of section 3 is sent shall thereafter, on any change occurring in his address, at 
once report such change to the licensing authority, and shall not depart out of the 
Province or area, as the case may be, in which he is registered without first informing 
the licensing authority and receiving permission in writing from that authority to 
depart. 
6. Penalties.– (1) Whoever fails to comply with the requirements of any notice 
issued under sub-section (4) of section 3 or in purported compliance with any such 
notice knowingly or recklessly makes any untrue statement, or without reasonable 
excuse fails to report as required by section 5 any change occurring in his address 
shall be punishable with fine which may extend to one hundred rupees. 
 (2) Whoever without reasonable excuse fails to comply with an order in 
writing made under sub-section (1) of section 4 or to perform in the manner required 
any service which he is required to perform in pursuance of such order or, in 
contravention of section 5, departs out of the area in which he is registered shall be 
punishable with imprisonment for a term which may extend to six months or with fine, 
or with both. 
 (3) Whoever being the employer of a person required under sub-section 
(1) of section 4 to present himself for service does anything calculated to prevent 
such person from or to obstruct such person in complying with the order shall be 
punishable with imprisonment for a term which may extend to six months, or with 
fine, or with both.] 
4
[6A. Reinstatement of person whose services are required.– (1) It shall be the 
duty of any employer by whom a person, who has been required by an order under 
sub-section (1) of section 4 to perform any service was employed, to reinstate him in 
his former employment on the termination of that service in an occupation and under 
conditions not less favourable to him than those which would have been applicable 
to him had he not been required to perform that service: 
 Provided that if the employer refuses to reinstate such person, or denies his 
liability to reinstate such person or if for any reason the reinstatement of such person 
is represented by the employer to be impracticable, either party may refer the matter 
to the authority authorised in this behalf by the Provincial Government and such 
authority shall, after due consideration, pass an order either exempting the employer 
from the provisions of this sub-section or requiring him to re-employ such person on 
such terms as it thinks suitable or to pay to such person a sum in compensation for 
failure to re-employ him not exceeding an amount equal to six months’ remuneration 
at the rate at which his last remuneration was payable to him by the employer. 
 (2) If any employer fails to obey an order passed under the proviso to sub-
section (1) by the authority authorised under that proviso, he shall be punishable with 
fine which may extend to one thousand rupees, and the Court by which he is 
convicted may, in addition to any other penalty, order him (if he is not already so 
required by the said authority) to pay the person whom he has failed to re-employ a 
sum not exceeding an amount equal to six months' remuneration at the rate at which 
his last remuneration was payable to him by the employer; and any amount so 
required by the said authority to be paid or so ordered by the Court to be paid, shall 
be recoverable as if it were a fine imposed by such Court :  
Provided that in any proceedings under this sub-section it shall be a defence 
for an employer to prove that the person formerly employed by him had not been in 
his continuous employment for six months or did not apply to him for reinstatement 
within a period of two months from the termination of the service which such person 
was required to perform by an order under sub-section (1) of section 4. 
 (3) The duty imposed by sub-section (1) upon an employer to reinstate in 
his employment a person such as is described in that sub-section shall attach to an 
employer who before such person is actually required to present himself for service 
or to perform service under this Ordinance terminates his employment in 
circumstances such as to indicate an intention to evade the duty imposed by that 
sub-section; and such intention shall be presumed until the contrary is proved if the 
termination of the employment takes place after the delivery of an order under sub-
section (1) of section 4 to such person.] 
5
[6B. Subjection of certain persons to Act VIII of 1911.– Notwithstanding 
anything in the Indian Army Act, 1911(VIII of 1911), or any other law for the time 
being in force, a person who is required, in pursuance of an order under sub-section 
                                                 
4Inserted by the Motor Vehicles (Drivers) Amendment) Act, 1943 (XIX of 1943)  received  Governor General’s assent on 
13.8.1943 s.2. 
5Inserted by the Motor Vehicles (Drivers) (Amendment) Act, 1952 (LXII of 1952) w.e.f.18.12.1952 s.3. 
(1) of section 4 to present himself before a military authority for the performance of 
service connected with the Pakistan Forces or with Forces co-operating with the 
Pakistan Forces shall, on so presenting himself, become subject to the Indian Army 
Act, 1911(VIII of 1911), or to any enactment which replaces that Act and the rules 
and regulations made thereunder in the same manner and to the same extent as he 
would be if he were a person enrolled as a non-combatant under section 9 of the 
Indian Army Act, 1911(VIII of 1911), or the corresponding provision of any enactment 
which replaces that Act and he shall remain so subject until he is duly released from 
such service by the competent military authority.]  
7. Sanction for prosecutions.– No prosecution for an offence punishable under 
this Ordinance and no prosecution for an offence punishable under the Motor 
Vehicles Act, 1939(IV of 1939), committed by a person who is for the time being 
acting in obedience, to an order under sub-section (1) of section 4 of this Ordinance, 
shall be instituted without the previous sanction in writing of the Provincial 
Government or of an authority authorised in this behalf by the Provincial 
Government. 
 
6
[Provided that no such previous sanction shall be necessary in respect of an 
offence punishable under the Motor Vehicles Act,1939(IV of 1939), committed by a 
person who has become subject to the Indian Army Act, 1911(IV of 1939), or any 
enactment which replaces that Act, under the provisions of section 6B, and who is to 
be tried by a court martial, or to be dealt with otherwise, in accordance with the 
provisions of the Indian Army Act, 1911(IV of 1939), or any enactment which 
replaces that Act or the rules and regulations made thereunder.]  
8. Power to make rules.– (1) The Provincial Government may, by notification in 
the official Gazette, make rules to carry out the purposes of this Ordinance. 
 (2) Without prejudice to the generality of the foregoing power, rules may 
be made providing for all or any of the following matters, namely:– 
(a) the form of the register referred to in section 3, the principles to be 
followed in selecting names for entry therein, and the details to be 
recorded therein;  
(b) the form of any order in writing or notice in writing to be issued under 
this Ordinance;  
(c) the payment of persons whose services are requisitioned under this 
Ordinance for the services rendered; 
7
[(d) the manner of making references under the proviso to sub-section (1) 
of section 6A.] 
                                                 
6Added by the Motor Vehicles (Drivers) (Amendment) Act, 1952 (LXII of 1952) w.e.f.18.12.1952 s.4. 
7Added by the Motor Vehicles (Drivers) Amendment) Act, 1943 (XIX of 1943) received Governor General’s assent on 13.8.1943 
s.3.