THE WEST PAKISTAN REQUISITIONING OF STAGE CARRIAGES (TEMPORARY POWERS) ORDINANCE, 1970 (XIII of 1970) CONTENTS 1. Short title, extent and commencement 2. Definitions 3. Requisitioning of motor vehicles 4. Appeal 5. Power to give effect to orders 6. Power to search and seize 7. Permit not necessary 8. Payment of repair charges, taxes, etc 9. Compensation 10. Sabotage 11. Penalty 12. Release form requisition 13. Jurisdiction of courts barred 14. Protection of actions under this Ordinance 15. Power to make rules TEXT 1 THE 2 [PUNJAB] REQUISITIONING OF 3 [MOTOR VEHICLES] (TEMPORARY POWERS) ORDINANCE, 1970 (XIII of 1970) [30th April, 1970] An Ordinance to provide for requisitioning of 4 [Motor Vehicles]. Preamble.– WHEREAS it is expedient to make provision for temporary requisitioning of 5 [Motor Vehicles]: NOW, THEREFORE, in pursuance of the Martial Law Proclamation of 25 th March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:– 1. Short title, extent and commencement .– (1) This Ordinance may be called the 6 [Punjab] Requisitioning of 7 [Motor Vehicle s] (Temporary Powers) Ordinance, 1970. (2) It shall extend to the whole of 8 [the Punjab], 9 [* * * * *]. (3) It shall come into force at once. 1This Ordinance was promulgated by the Governor of West Pakistan on 30th April, 1970; published in the Pu njab Gazette (Extraordinary), dated 30th April, 1970, pages 749 -752; saved by Article 281 of the Interim Constitution of Islamic Republic of Pakistan (1972); and, validated by the Validation of Laws Act, 1975 (LXIII of 1975). 2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP. 3Substituted for the words “Stage C arriages” by the Punjab Requisitioning of Stage Carriages (Temporary Powers) (Amendment) Ordinance, 1978 (XVII of 1978), w.e.f.3.8.1978, s.2; and published in the Punjab Gazette (Extraordinary), pages 996-C to 996-E. 4Substituted for the words “Stage Carri ages” by the Punjab Requisitioning of Stage Carriages (Temporary Powers) (Amendment) Ordinance, 1978 (XVII of 1978) , w.e.f.3.8.1978, s.2; and published in the Punjab Gazette (Extraordinary) , pages 996-C to 996-E. 5Substituted for the words “Stage Carriages ” by the Punjab Requisitioning of Stage Carriages (Temporary Powers) (Amendment) Ordinance, 1978 (XVII of 1978), w.e.f.3.8.1978, s.2; and published in the Punjab Gazette (Extraordinary), pages 996-C to 996-E. 6Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP. 7Substituted for the words “Stage Carriages” by the Punjab Requisitioning of Stage Carriages (Temporary Powers) (Amendment) Ordinance, 1978 (XVII of 1978), w.e.f.3.8.1978, s. 3; and published in the Punjab Gazette (Extraordinary), pages 996-C to 996-E. 8Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP. 9Omitted the words “except the Tribal Areas” by the Punjab Re quisitioning of Stage Carriages (Temporary Powers) (Amendment) Ordinance, 1978 (XVII of 1978), w.e.f.3.8.1978 , s.3; and published in the Punjab Gazette (Extraordinary), pages 996-C to 996-E. 2. Definitions.– The words and expressions used in this Ord inance shall have the same meaning as is assigned to them in the 10 [Punjab] Motor Vehicles Ordinance, 1965 11 . 12 [3. 13 [Requisitioning of motor vehicles ].– (1) If in the opinion of the 14 [District Officer (Revenue)], any motor vehicle is needed or is likely to b e needed for any public purpose, he may, by order in writing, requisition any motor vehicle maintained or kept within his jurisdiction after giving the owner thereof an opportunity of being heard and showing cause against the proposed action. (2) Where th e owner of a motor vehicle to whom opportunity to show cause as required under sub -section (1), is to be given, cannot be found or has no agent to accept service on his behalf, the 15 [District Officer (Revenue)] shall cause notice to be affixed on the motor vehicle intended to be requisitioned or on outer door or some other conspicuous part of his place of business or residence. (3) The motor vehicle requisitioned under sub -section (1), may be maintained and used for such public purpose as may appear to the 16 [District Officer (Revenue)] to be necessary and expedient.] 4. Appeal.– (1) The owner aggrieved by an order of the 17 [District Officer (Revenue)]under sub-section (1) of section 3 , may within seven days of the order, appeal to the 18 [Government of the Punjab]. (2) The order of the 19 [Government of the Punjab] on appeal shall be final. 5. Power to give effect to orders .– The 20 [District Officer (Revenue)] may take or cause to be taken such steps and use or cause to be used such force as may in 10Substituted for the words “West Pakistan” by the Punjab Laws (Ad aptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425 -A to 1425-PP. 11West Pakistan Ordinance XIX of 1965. 12Substituted by the Punjab Requi sitioning of Stage Carriages (Temporary Powers) (Amendment) Ordinance, 1978 (XVII of 1978), w.e.f.3.8.1978, s.4; and published in the Punjab Gazette (Extraordinary), pages 996-C to 996-E. 13 Not printed in the Gazette. 14Substituted for the words “District M agistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17.1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages 117-118. 15Substituted for the words “District Magistrate ” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17.1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages 117-118. 16Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17.1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages 117-118. 17Substituted for the words “District Magistrate” by the Punjab Re quisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17.1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages 117-118. 18Substituted for the word “Commissioner” by the Punjab Requisitioning of M otor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17.1.2002, s.3; and published in the Punjab Gazette (Extraordinary), pages 117-118. 19Substituted for the word “Commissioner” by the Punjab Requisitioning of Motor Vehicles (Te mporary Powers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17.1.2002, s.3; and published in the Punjab Gazette (Extraordinary), pages 117-118. 20Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary P owers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17.1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages 117-118. this opinion be reasonable and necessary for securing compliance of any order made by him under this Ordinance. 6. Power to search and seize .– The 21 [District Officer (Revenue)]may enter and search or auhorize any person to enter and search any premises and seize or authorize any person to seize any motor vehicle in respect of which he has reason to believe that a contravention of the provisions of this Ordinance has been or is likely to be committed. 7. Permit not necessary.– Notwithstanding anything contained in the 22 [Punjab] Motor Vehicles Ordinance, 1965 23 , or any other law for the time being in force , no permit for running a motor vehicle requisitioned under section 3 shall be required. 8. Payment of repair chargers, taxes, etc .– The 24 [District Officer (Revenue)]may in respect of any motor vehicle requisitioned under sub-section (1) of section 3, incur expenses for maintenance and repairs and pay fees, taxes and insurance premiums payable under any law for the time being in force. 25 [9. Compensation.– Notwithstanding any expenditure the 26 [District Officer (Revenue)] may have incurred under section 8, there shall be paid to the owner of the motor vehicle requisitioned under this Ordinance compensation for the period the motor vehicle is kept in possession by the 27 [District Officer (Revenue)], to be calculated on the basis of the value of the vehicle keeping in view the following factors:– (a) Depreciation on the basis of five years life of the vehicle; (b) Margin of profit at the rate of 19 per centum per annum. 10. Sabotage.– (1) No person shall do any act with intent to impair the efficiency or impede the working of , or to cause damage to, any motor vehicle liable to requisition under section 3. (2) Without prejudice to the generally of the provisions of sub -section (1), no person shall– 21Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17.1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages 117-118. 22Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425 -A to 1425-PP. 23West Pakistan Ordinance XIX of 1965. 24Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicl es (Temporary Powers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17.1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages 117-118. 25Substituted by the Punjab Requisitioning of Stage Carriages (Temporary Powers) (Amendment) Ordinance, 1978 (XVII of 1978), w.e.f.3.8.1978, s.5; and published in the Punjab Gazette (Extraordinary), pages 996-C to 996-E. 26Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17.1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages 117-118. 27Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17.1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages 117-118. (a) remove a vehicle or cause or allow it to be removed from the locality in which it is being kept except in accordance with an order in writing of the District Magistrate; (b) remove from the vehicle any part, necessary, tyre or tube, except for purpose of repairing it, or of replacing it by another not less serviceable, or of repairing the vehicle or in an accorda nce with an order in writing of the 28 [District Officer (Revenue)]. 11. Penalty.– Whoever contravenes the provisions of this Or dinance he shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both. 12. Release form requisition.– (1) Where any motor vehicle requisitioned under section 3 is to be released from requisi tion, the 29 [District Officer (Revenue)] shall arrange the restoration of the possession of the vehicle to its owner. (2) Where the owner of the motor vehicle to whom possession is to be given cannot be found and has no agent or other person empowered to ac cept delivery of possession on his behalf the 30 [District Officer (Revenue)] shall cause a notice declaring that the motor vehicle is released from requisition to be affixed on some conspicuous part of his place of business or residence. (3) When a notice r eferred to under sub -section (2) is served in the manner indicated, the motor vehicle specified in the notice shall cease to be subject to requisition on and from the date of such service and shall be deemed to have been delivered to the owner and the 31 [District Officer (Revenue)] shall not be liable for any compensation or other claim in respect of the same for any period after the said date. 13. Jurisdiction of courts barred.– (1) No injunction or an order for delivery of possession or appointment of a re ceiver in respect of any motor vehicle which has been requisitioned under this Ordinance shall be granted or be made by any court or by any other authority. (2) No order made in exercise of any power conferred by or under this Ordinance shall be called in question in any court. (3) Where an order purports to have been made and signed by the authority in exercise of any power conferred by or under this Ordinance it shall be presumed that such an order was so made by that authority. 28Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17.1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages 117-118. 29Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17 .1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages 117-118. 30Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17.1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages 117-118. 31Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17.1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages 117-118. 14. Protection of actions under this Ordinance .– (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is, in good faith, done or intended to be done in pursuance of the Ordinance or any order made thereunder. (2) Save as other expressly provided under this Ordinance no suit or other legal proceedings shall lie against the 32 [District Officer (Revenue)] for any damage caused or likely to be caused by anything, in good faith, done or intended to be done in pursuance of this Ordinance or any order made thereunder. 15. Power to make rules .– Government may make rules for the purposes of carrying into effect the provisions of this Ordinance. 32Substituted for the words “District Magistrate” by the Punjab Requisitioning of Motor Vehicles (Temporary Powers) (Amendment) Ordinance, 2002 (VI of 2002), w.e.f.17.1.2002, s.2; and published in the Punjab Gazette (Extraordinary), pages 117-118.