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  "title": "MOTOR VEHICLES (DRIVERS) ORDINANCE 1942",
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  "text": "THE MOTOR VEHICLES (DRIVERS) ORDINANCE, 1942 \r\n(V of 1942) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Register of motor vehicles drivers \r\n4. Power to requisition services \r\n5. Registered persons to notify changes of address, and obtain permission \r\nto leave area of registration \r\n6. Penalties \r\n6A. Reinstatement of person whose services are required \r\n6B. Subjection of certain persons to Act, XXXIX of 1952 \r\n7. Sanction of prosecutions \r\n8. Power to make rules \r\nTEXT \r\nTHE MOTOR VEHICLES (DRIVERS) ORDINANCE, 1942 \r\n(V of 1942) \r\n[27th January, 1942] \r\nAn \r\nOrdinance \r\nto provide for the requisitioning on behalf of Government of the services of persons \r\ncapable of driving motor vehicles. \r\n WHEREAS an emergency has arisen which makes it necessary to take \r\npowers to require persons capable of driving motor vehicles to place themselves and \r\ntheir services at the disposal of Government; \r\n NOW, THEREFORE, in exercise of the powers conferred by section 72 of the \r\nGovernment of India Act, as set out in the Ninth Schedule to the Government of India \r\nAct, 1935, the Governor General is pleased to make and promulgate the following \r\nOrdinance:- 26 Geo 5,c.2 \r\n1. Short title, extent and commencement.– (1) This Ordinance may be called \r\nthe Motor Vehicles (Drivers) Ordinance, 1942. \r\n1\r\n[(2) It extends to the whole of Pakistan.] \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Ordinance, unless there is anything repugnant in the \r\nsubject or context,– \r\n(a) “licensing authority” means a licensing authority appointed for the \r\npurposes of the Motor Vehicles Act, 1939(IV of 1939);  \r\n(b) “motor vehicle” means any mechanically propelled vehicle adapted for \r\nuse upon roads;  \r\n2\r\n[(c) * * * * * * * * * * *   ] \r\n(d) \"transport vehicle\" has the meaning assigned to that expression in the \r\nMotor Vehicles Act, 1939 (IV of 1939). \r\n3\r\n[3. Register of motor vehicles drivers.– (1) The Provincial Government may \r\ncause any licensing authority to prepare for the Province or for any area in the \r\nProvince, a register in which shall be entered the names of such persons within the \r\nProvince or area, as the case may be, who are capable of driving a motor vehicle as \r\nthe licensing authority may think fit to enter, together with such details of their \r\nqualifications as drivers as may be prescribed by rules made under section 8. \r\n                                                 \r\n1Substituted  by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960) w.e.f 14.10.1955, S .3 and 2nd Schedule, for \r\nthe original sub-section (2), as amended by A.0., 1949 ;and published in Gazette (Extraordinary), dated 9.6.1960. \r\n2Omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960) w.e.f 14.10.1955, S .3 and 2nd Schedule; and \r\npublished in Gazette (Extraordinary), dated 9.6.1960. \r\n3Inserted 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 \r\nwere repealed by the Repealing Ordinance, 1946 (1 of 1946), s. 2.) \r\n (2) The register shall show under separate headings the names of those \r\npersons who are capable of driving a transport vehicle and those persons who are \r\nnot so capable. \r\n (3) The licensing authority shall, on entering the name of any person in the \r\nregister, send to that person a notice in writing informing him that his name has been \r\nentered in the register for the Province or area, as the case may be, stating whether \r\nhe has been registered as capable of driving a transport vehicle or not, and informing \r\nhim of the provisions of sections 4 and 5 of this Ordinance.  \r\n (4) The licensing authority may, for the purpose of preparing the register \r\nunder sub-section (1), by notice in writing, call upon any person to furnish in \r\naccordance with the requirements of the notice any information relating to his \r\nqualifications as a driver of motor vehicles which may be required by such notice. \r\n4. Power to requisition services.– (1) Any officer empowered in this behalf by \r\nthe Provincial Government may, by an order in writing delivered to any person \r\nwhose name is entered in the register referred to in section 3, require him to present \r\nhimself at such time and at such place and to such authority as may be specified in \r\nthe order and to perform such services as may be so specified or as may be required \r\nof him by the authority to whom he has presented himself in pursuance of such \r\norder. \r\n (2) An order under sub-section (1) may require a person to drive a motor \r\nvehicle notwithstanding that he is not licensed under the Motor Vehicles Act, 1939 \r\n(IV of 1939), to drive a motor vehicle or a motor vehicle of the class to which the \r\nvehicle to be driven belongs, and nothing in section 3 of the Motor Vehicles Act, \r\n1939 (IV of 1939), shall apply to such person in respect of any motor vehicle driven \r\nby him in obedience to any such order.  \r\n5. Registered persons to notify changes of address, and obtain permission \r\nto leave area of registration.– Any person to whom the notice under sub-section \r\n(3) of section 3 is sent shall thereafter, on any change occurring in his address, at \r\nonce report such change to the licensing authority, and shall not depart out of the \r\nProvince or area, as the case may be, in which he is registered without first informing \r\nthe licensing authority and receiving permission in writing from that authority to \r\ndepart. \r\n6. Penalties.– (1) Whoever fails to comply with the requirements of any notice \r\nissued under sub-section (4) of section 3 or in purported compliance with any such \r\nnotice knowingly or recklessly makes any untrue statement, or without reasonable \r\nexcuse fails to report as required by section 5 any change occurring in his address \r\nshall be punishable with fine which may extend to one hundred rupees. \r\n (2) Whoever without reasonable excuse fails to comply with an order in \r\nwriting made under sub-section (1) of section 4 or to perform in the manner required \r\nany service which he is required to perform in pursuance of such order or, in \r\ncontravention of section 5, departs out of the area in which he is registered shall be \r\npunishable with imprisonment for a term which may extend to six months or with fine, \r\nor with both. \r\n (3) Whoever being the employer of a person required under sub-section \r\n(1) of section 4 to present himself for service does anything calculated to prevent \r\nsuch person from or to obstruct such person in complying with the order shall be \r\npunishable with imprisonment for a term which may extend to six months, or with \r\nfine, or with both.] \r\n4\r\n[6A. Reinstatement of person whose services are required.– (1) It shall be the \r\nduty of any employer by whom a person, who has been required by an order under \r\nsub-section (1) of section 4 to perform any service was employed, to reinstate him in \r\nhis former employment on the termination of that service in an occupation and under \r\nconditions not less favourable to him than those which would have been applicable \r\nto him had he not been required to perform that service: \r\n Provided that if the employer refuses to reinstate such person, or denies his \r\nliability to reinstate such person or if for any reason the reinstatement of such person \r\nis represented by the employer to be impracticable, either party may refer the matter \r\nto the authority authorised in this behalf by the Provincial Government and such \r\nauthority shall, after due consideration, pass an order either exempting the employer \r\nfrom the provisions of this sub-section or requiring him to re-employ such person on \r\nsuch terms as it thinks suitable or to pay to such person a sum in compensation for \r\nfailure to re-employ him not exceeding an amount equal to six months’ remuneration \r\nat the rate at which his last remuneration was payable to him by the employer. \r\n (2) If any employer fails to obey an order passed under the proviso to sub-\r\nsection (1) by the authority authorised under that proviso, he shall be punishable with \r\nfine which may extend to one thousand rupees, and the Court by which he is \r\nconvicted may, in addition to any other penalty, order him (if he is not already so \r\nrequired by the said authority) to pay the person whom he has failed to re-employ a \r\nsum not exceeding an amount equal to six months' remuneration at the rate at which \r\nhis last remuneration was payable to him by the employer; and any amount so \r\nrequired by the said authority to be paid or so ordered by the Court to be paid, shall \r\nbe recoverable as if it were a fine imposed by such Court :  \r\nProvided that in any proceedings under this sub-section it shall be a defence \r\nfor an employer to prove that the person formerly employed by him had not been in \r\nhis continuous employment for six months or did not apply to him for reinstatement \r\nwithin a period of two months from the termination of the service which such person \r\nwas required to perform by an order under sub-section (1) of section 4. \r\n (3) The duty imposed by sub-section (1) upon an employer to reinstate in \r\nhis employment a person such as is described in that sub-section shall attach to an \r\nemployer who before such person is actually required to present himself for service \r\nor to perform service under this Ordinance terminates his employment in \r\ncircumstances such as to indicate an intention to evade the duty imposed by that \r\nsub-section; and such intention shall be presumed until the contrary is proved if the \r\ntermination of the employment takes place after the delivery of an order under sub-\r\nsection (1) of section 4 to such person.] \r\n5\r\n[6B. Subjection of certain persons to Act VIII of 1911.– Notwithstanding \r\nanything in the Indian Army Act, 1911(VIII of 1911), or any other law for the time \r\nbeing in force, a person who is required, in pursuance of an order under sub-section \r\n                                                 \r\n4Inserted by the Motor Vehicles (Drivers) Amendment) Act, 1943 (XIX of 1943)  received  Governor General’s assent on \r\n13.8.1943 s.2. \r\n5Inserted by the Motor Vehicles (Drivers) (Amendment) Act, 1952 (LXII of 1952) w.e.f.18.12.1952 s.3. \r\n(1) of section 4 to present himself before a military authority for the performance of \r\nservice connected with the Pakistan Forces or with Forces co-operating with the \r\nPakistan Forces shall, on so presenting himself, become subject to the Indian Army \r\nAct, 1911(VIII of 1911), or to any enactment which replaces that Act and the rules \r\nand regulations made thereunder in the same manner and to the same extent as he \r\nwould be if he were a person enrolled as a non-combatant under section 9 of the \r\nIndian Army Act, 1911(VIII of 1911), or the corresponding provision of any enactment \r\nwhich replaces that Act and he shall remain so subject until he is duly released from \r\nsuch service by the competent military authority.]  \r\n7. Sanction for prosecutions.– No prosecution for an offence punishable under \r\nthis Ordinance and no prosecution for an offence punishable under the Motor \r\nVehicles Act, 1939(IV of 1939), committed by a person who is for the time being \r\nacting in obedience, to an order under sub-section (1) of section 4 of this Ordinance, \r\nshall be instituted without the previous sanction in writing of the Provincial \r\nGovernment or of an authority authorised in this behalf by the Provincial \r\nGovernment. \r\n \r\n6\r\n[Provided that no such previous sanction shall be necessary in respect of an \r\noffence punishable under the Motor Vehicles Act,1939(IV of 1939), committed by a \r\nperson who has become subject to the Indian Army Act, 1911(IV of 1939), or any \r\nenactment which replaces that Act, under the provisions of section 6B, and who is to \r\nbe tried by a court martial, or to be dealt with otherwise, in accordance with the \r\nprovisions of the Indian Army Act, 1911(IV of 1939), or any enactment which \r\nreplaces that Act or the rules and regulations made thereunder.]  \r\n8. Power to make rules.– (1) The Provincial Government may, by notification in \r\nthe official Gazette, make rules to carry out the purposes of this Ordinance. \r\n (2) Without prejudice to the generality of the foregoing power, rules may \r\nbe made providing for all or any of the following matters, namely:– \r\n(a) the form of the register referred to in section 3, the principles to be \r\nfollowed in selecting names for entry therein, and the details to be \r\nrecorded therein;  \r\n(b) the form of any order in writing or notice in writing to be issued under \r\nthis Ordinance;  \r\n(c) the payment of persons whose services are requisitioned under this \r\nOrdinance for the services rendered; \r\n7\r\n[(d) the manner of making references under the proviso to sub-section (1) \r\nof section 6A.] \r\n                                                 \r\n6Added by the Motor Vehicles (Drivers) (Amendment) Act, 1952 (LXII of 1952) w.e.f.18.12.1952 s.4. \r\n7Added by the Motor Vehicles (Drivers) Amendment) Act, 1943 (XIX of 1943) received Governor General’s assent on 13.8.1943 \r\ns.3.",
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