PAKISTANI LAW FORUM

Husband, Wife & Lawyer (Advocate/Divorce/Family Law) Funny Cartoon Joke

2011-09-30T05:16:00.000-07:00

Husband, Wife & Lawyer
Entering into
Tunnel of Love

(Advocate/Divorce/Family Law)
Funny Cartoon Joke

Husband Wife & Judge (Family Court Divorce Law) Funny Cartoon Joke

2011-09-30T05:14:00.000-07:00

Husband, Wife & Judge

Husband to Divorce Court Judge:
Are you free for dinner later?

Wife to Divorce Court Judge:
See what I mean?

(Family Court Divorce Law)
Funny Cartoon Joke

Criminal Lawyer/Advocate (Court Justice Buy me some time) Funny Cartoon Joke

2011-09-30T05:10:00.000-07:00

I am not worried my Lawyer
said He would buy me some time

Criminal Lawyer/Advocate
(Court Justice Buy me some time)
Funny Cartoon Joke

Judge Power of Attorney Funny Cartoon (Court of Law Justice Jury Advocate Joke)

2011-09-30T05:07:00.000-07:00

Good News! The Judge found the laboratory
report admissible, consitituting evidence that the
cell phone emissions caused brain cancer in my client
-- Advocate/Lawyer wording --
Judge Power of Attorney Funny Cartoon
(Court of Law Justice Jury Advocate Joke)

Chess in Court of Law (Cartoon Legal Justice Concepts)

2011-09-30T05:03:00.003-07:00

Chess in Court of Law (Cartoon Legal Justice Concepts)

Corporate Lawyer / Business Law (Funny Cartoon Joke)

2011-09-30T04:43:00.000-07:00

Corporate-Lawyer-Business-Law
Never-see-a-Lawyer-without-seeing-a-Lawyer-FIRST
Funny-Cartoon-Joke

Court Marriage (Nikkah) in Pakistan

2011-09-30T01:18:00.001-07:00

The process of court marriage is to supply copies of National Identity Card (CNIC), Two copies of passport size photos with white or blue background. Proper verification of age and identity. The minimum age for a Girl (Lady, Woman) to get married is 16 and for a boy (Man) is 18 years. Age verification is necessary & the same can be done by way of producing copies of “National Identity Card (CNIC)”, “Form B” or Educational Certificate (S.S.C, Matric).

Court Marriage Nikkah

Procedure of court marriage is: Girl having age more than 18 years can contract marriage in the court with her own freewill and wish without the will of her parents. Law give her right. For court marriage only CNIC or other document for the proof of her age is sufficient. The girl have to personally appear in the court who will execute the freewill and on the basis of her freewill her marriage (Nikah) will be performed. For marriage performance at least two witnesses are required.

Parents cannot cancel Marriage (Nikah), Parents can only pressurize her/his to file the divorce case in the court. She (Girl, Lady, Woman, Bride) can get divorce from the court and Man (He, Man, Groom) can pronounce divorce her. Otherwise there is no other way for the cancellation of the Marriage (Nikah).

Legal Marriage age for Girl is 16 years old and for boy is 18 years old. If you want to marry before this age you are required Guardian Permission. For Registration of Marriage you are required , Pakistani ID , Form B or Educational Certificate for verification of Date of Birth.

Note: To avoid complications first coordinate with your Parents, Friends & Family to make arrangements of Marriage (Nikkah); if not possible then consult with Senior Lawyer (Advocate).

Legal Greeting of the Season eCards Template for Law House Company & Firms

2011-09-28T08:02:00.001-07:00

Legal Greeting of the Season eCards Template
for Law House Company & Firms

Legal Scales Seasons Greetings eCards for Law Firms & Attorney

2011-09-28T08:01:00.001-07:00

Legal Scales Seasons Greetings eCards for Law Firms & Attorney, Attornies

Lawyers Thank you Greetings eCards (Law, Legal, Bar, Courts, Jury)

2011-09-28T08:00:00.000-07:00

Lawyers Thank you Greetings eCards (Law, Legal, Bar, Courts, Jury)

Lawyers Seasons Greetings eCards (Law, Legal, Legislation, Bar House)

2011-09-28T07:59:00.001-07:00

Lawyers Seasons Greetings eCards (Law, Legal, Legislation, Bar House)

Law Legal Greeting eCard Templates (Courts, Firms, Advocates, Lawyers, Judges, Justices)

2011-09-28T07:58:00.005-07:00

Law Legal Greeting eCard Templates
(Courts, Firms, Advocates, Lawyers, Judges, Justices)

Law House & Chambers Seasons Greetings eCard for Judges, Justices & Advocates

2011-09-28T07:58:00.001-07:00

Law House & Chambers Seasons Greetings eCard for Judges

Law Chambers, Firms & Companies Greetings eCards for Justice

2011-09-28T07:57:00.001-07:00

Law Chambers, Firms & Companies Greetings eCards for Justice

Advocates Seasons Greetings eCards (Lawyers, Laws, Legal, Courts, Justise)

2011-09-28T07:56:00.001-07:00

Advocates Seasons Greetings eCards
(Lawyers, Laws, Legal, Courts, Justise)

Girl spanked to death in the name of God, children's deaths after investigations

2011-09-15T03:02:00.000-07:00

describes graphic crimes

Number of children's deaths after abuse investigations has risen
Former DCF administrator says 2003 policy change has put kids at risk
February 27, 2011 By Carol Marbin Miller, The Miami Herald

....Statistically, however, Nubia's story is rather common: She is one of
hundreds of Florida children who died of abuse or neglect during the past
decade after child welfare authorities had performed at least one
investigation into their welfare. Florida not only leads the United States in the
number of such deaths, it dominates the nation.

After a controversial decision by child welfare administrators to halve
the number of children taken into state care — while reducing the number of
children receiving protective services with their birth families — the
number of dead children with a child protection investigative history almost
doubled, from 35 in 2001 to 69 in 2009. No statistics are available for 2010.

Over the past six years, 41 percent of all children who died of abuse or
neglect in Florida had been the subject of at least one prior contact with
child protection authorities, the state Department of Health reports. The
average for all other states: about 12 percent.

In 2008, the number of Florida children with a history of abuse or neglect
reports who later died made up almost half of the U.S. total. In 2009, 64
of the 120 child deaths nationally with a history of reports occurred in
Florida — or 53 percent.
_http://articles.sun-sentinel.com/2011-02-27/news/fl-barahona-dcf-policy-201
10227_1_abuse-or-neglect-child-deaths-child-welfare_
(http://articles.sun-sentinel.com/2011-02-27/news/fl-barahona-dcf-policy-20110227_1_abuse-or-neglec
t-child-deaths-child-welfare)

describes severe abuse
Girl spanked to death in the name of God
Anderson Cooper 360 August 15, 2011

Gary Tuchman reports on an author who says you must spank your child and a
couple who killed their daughter doing it.
_http://www.cnn.com/video/?/video/bestoftv/2011/08/15/exp.ac.tuchman.punishm
ent.cnn_
(http://www.cnn.com/video/?/video/bestoftv/2011/08/15/exp.ac.tuchman.punishment.cnn)

Is 'Sister Wives' Hiding The Disturbing Truth About Polygamy?

2011-09-15T02:55:00.000-07:00

Is 'Sister Wives' Hiding The Disturbing Truth About Polygamy?

9/7/11 - Sam Brower

Despite the recent well-publicized and deeply disturbing child molestation
trial of self-proclaimed polygamist prophet Warren Jeffs, TV reality show
polygamist Kody Brown and his trendy wives and family seem to be everywhere
these days. Their TV show, "Sister Wives," is a big hit....

For more than seven years, as a private investigator I have been
investigating and researching similar polygamous societies, but mainly the
Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS) and its outlaw
prophet, Warren Jeffs, who is now serving a sentence of life plus twenty years
in a Texas prison....

I can only hope and pray that the depravity of child abuse and the
degradation of women and children to the status of chattel will never be thought
of in such a callous manner as simply- unconventional yet relatable.

In my world, unconventional doesn't mean four mommies showing up for
back-to-school night; the FLDS do not send their kids to public schools. If
they're lucky, the children may receive the equivalent of an eighth grade
education before being sent out to work on a construction job, or to become
mothers themselves.

Admittance into the bride pool can begin within a few weeks after a
child's twelfth birthday. "Mother" is the person who raises and nurtures you as a
"daughter in Zion" over the course of those short formative years. She
then takes you by the hand and places it in the hand of a man decades older,
in an arranged "spiritual sexual union," alongside that man's several or
many other "sister wives."

Legal Writing Skills

2011-08-09T00:50:00.000-07:00

Legal Writing Skills

The written words are one of the most vital tool of the legal profession. Words are used to advocate, inform, persuade and instruct. Although mastering legal writing skills takes time and practice, superior writing skills are essential to success. shine your legal writing skills through the simple tips below.

1. Every word you write should be tailored to the needs of the reader. Documents that embody the same research and message may vary greatly in content and tone based on the document’s intended audience. For example, a brief submitted to the court must advocate and persuade. A memorandum to a client must analyze the issues, report the state of the law and recommend an appropriate course of action. Always keep your audience in mind when crafting any piece of writing.

2. Organization is the key to successful legal writing. Create a roadmap for your writing by using visual clues to guide the reader. Introduce your subject in an introductory paragraph, use transitional phrases (“moreover, “furthermore,” “however,” “in addition,” etc.) between each paragraph, introduce each paragraph with a topic sentence and use headings and subheadings to break up blocks of text. Limit each paragraph to one topic and sum up your message with a concluding sentence or paragraph. Organizational structure guides the reader through your text and promotes readability.

3. Legalese - specialized legal phrases and jargon - can make your writing abstract, stilted and archaic. Examples of legalese include words such as aforementioned, herewith, heretofore and wherein. Ditch unnecessary legalese and other jargon in favor of the clear and simple. To avoid legalese and promote clarity, try reading your sentence to a colleague or substituting abstract words with simple, concrete terms. For example, instead of “I am in receipt of your correspondence,” “I received your letter” is clearer and more succinct.

4. Every word you write should contribute to your message. Omit extraneous words, shorten complex sentences, eliminate redundancies and keep it simple.

5. Action words make your legal prose more powerful, dynamic and vivid. Add punch to your writing with verbs that bring your prose to life.

6. Passive voice disguises responsibility for an act by eliminating the subject of the verb. Active voice, on the other hand, tells the reader who is doing the acting and clarifies your message. For example, instead of “the filing deadline was missed,” say “plaintiff’s counsel missed the filing deadline.” Instead of “a crime was committed,” say “the defendant committed the crime.”

7. Edit your writing ruthlessly, omitting unnecessary words and rewriting for clarity. Careful proofreading is particularly important in legal writing. Spelling, punctuation or grammatical errors in a document submitted to the court, opposing counsel or a client can undermine your credibility as a legal professional.

Facing life for sex abuse, the monster church leader with 24 child ‘wives’

2011-08-09T00:30:00.001-07:00

Facing life for sex abuse, the monster church leader with 24 child 'wives'
who he told would find 'favour with god'

Jury took only three hours to find polygamist leader guilty
Court had heard tape of him having sex with 12-year-old girl
Leader claimed he was victim of 'religious persecution'

By Tom Leonard In New York
6th August 2011

The leader of a polygamist Mormon sect has been found guilty of sexually
abusing girls aged 12 and 15 among his two dozen child 'wives'.

Warren Jeffs, 55, faces a possible life sentence.

The self-proclaimed prophet and head of the shadowy Fundamentalist Church
of Jesus of Latter Day Saints told females in his 10,000-strong flock they
would find favour with God if they pleased him sexually.

He defended himself and spent much of his trial in west Texas angrily
claiming he was being religiously persecuted.

Prosecutors said they will present evidence to his sentencing hearing that
he had 78 so-called 'spiritual wives' – 24 of them under 17 – in
addition to his legal one.

They said they would also show how Jeffs either witnessed or performed
more than 500 unlawful polygamous marriages, as well as 67 others involving
under-age girls.

Jurors were given DNA evidence showing that Jeffs had fathered a child by
the 15-year-old.

And prosecutors reduced some jurors to tears when they played an audio
tape of Jeffs, breathing heavily and panting as he had sex with the 12-year-old
…..

The FLDS, which has at least 10,000 members, is a radical offshoot of
mainstream Mormonism and believes polygamy brings exaltation in heaven. They
see Jeffs as God's spokesman on earth…..

Seven other leaders of the sect, which broke away from the official Mormon
church over its insistence that polygamy brings exaltation in heaven, have
already been convicted of similar offences.

Recovered memories of alleged priest sex abuse, Orthodox Jewish Child Abuse

2011-08-09T00:30:00.000-07:00

Orthodox Jewish Child Abuse: Shattering a Traumatic Silence 8/1/11 Eishes
Chayil - Author, 'Hush'

....Three weeks ago, in Borough Park, 8-year-old Leiby Kletzky walked home
from day camp. He got lost. He asked a man for directions. The man seemed
safe. He wore a kippa. He did not wear jeans....

The ultra-Orthodox world of Brooklyn came to a terrifying halt. Tens of
thousands of Orthodox Jews froze in horror. They recoiled in shock. They
gathered together, bound in their mind-bending grief, people weeping in the
streets, asking the questions again and again.

....For the hundreds of victims of sexual abuse who have lived through
childhood in fear and silence, this is not a new question. They did not know
the words sexual, abuse or molestation, but lived day after day through the
raw horror of it, leaving old scars still bleeding like open wounds. How
does a teacher, a counselor, an uncle, do such a thing? And why did nobody
warn us about it, they ask.

I accidentally learned what the words molestation and rape meant at age
23, after telling a therapist I met about something I had witnessed happening
to a friend when we were children. Suddenly I realized I had been talking
to strangers all my life. After I started meeting with victims and speaking
with therapists, I began to encounter the community's wall of denial.
These are things Jews don't do, I was told. It was easy to say it was all a lie
or just faulty memories of childhood.

When I first tried to write about abuse in our community, to use the words
needed to describe what was happening to so many children, I was firmly
told not to.

Some subjects are better left in silence, the rabbis said. Orthodox Jews
did not need such words. Those were words for gentiles. We had built walls
and had built them high; the outside world could never enter. But as the
walls grew higher and wider, we forgot look inside, to see that the most
dangerous enemy always grows from within.

....Children have always gotten hurt in our world -- sometimes quickly,
walking home from school, sometimes slowly, piece by piece, over years of
abuse and terror. Perhaps we live in a world that is black and white, perhaps
we want to keep it that way, but we must at least know that there is still
a whole lot of gray in it, strangers live among friends and that such
words, after all, are very complicated to define.

2 women sue archdiocese for alleged sex abuse
Separate suits claim recovered memories of 1950s incidents
By Manya A. Brachear, Tribune reporter
August 3, 2011

Two women filed separate lawsuits against the Chicago Archdiocese on
Tuesday, alleging they were sexually abused in the 1950s by a priest at St.
Peter Damian Catholic Church in Bartlett.
In the suit filed in Cook County Circuit Court, Patricia Vestey and
Kathryn Joan Ebeling, both in their 60s, say they repressed memories of abuse at
the hands of the Rev. Thomas Barry Horne for several decades. It wasn't
until they learned that others had accused Horne of abuse that their
recollections began to surface, the suit said. Horne retired in 1973 and has since
died.

Frederic Nessler, the Springfield attorney representing both women, said
the archdiocese refused to settle out of court.

Jewish Communities - Child Sex Scandals, Agencies Failed to Rescue Lilly Manning

2011-08-09T00:28:00.001-07:00

Tempest in the Temple - Jewish Communities and Child Sex Scandals Amy
Neustein, ed.

Brandeis Series in American Jewish History, Culture and Life
Brandeis University Press
2009 Sociology / Jewish Studies 978-1-58465-671-5

Tempest in the Temple brings together fifteen practicing rabbis,
educators, pastoral counselors, sociologists, mental health professionals, and legal
advocates for abuse victims, each of whom offer insights into different
facets of the problem.

This book is divided into three sections. The first section, "When the Vow
Breaks," describes rabbis who break their "vows" through active
pedophilia. The second section, "Sacrificing Victims," illuminates the community
dynamics surrounding abuse: how a community unwittingly contributes to the
cover-up of abuse; why victims of abuse are all too often ignored or cast off
by their religious communities; and the mechanisms by which powerful
religious institutions protect their own. The third section, "Let Me Know the
Way," addresses how Jewish communities can overcome the ignorance, bias, and
corruption associated with clergy sexual abuse. Solutions—some already
successful, others yet to be tried—are explored here.

describes severe abuse

California, Texas agencies all failed to rescue Lilly Manning
By Marjie Lundstrom Jul. 31, 2011

Lilly Manning was 15 when she escaped from a cramped closet in south
Sacramento, after being stabbed and beaten and shoved into the darkness.
This time, she said, she knew she would have to save herself.

Government documents confirm she was right. Four different agencies
visited the family at least 11 times on reports of suspected abuse or neglect in
a five-year period but did not move to protect her or her siblings,
according to confidential records obtained by The Bee.

"They came, they looked, they left," said Lilly, now 19, reflecting on the
parade of visitors from law enforcement, Child Protective Services and the
schools, some of whom she had secretly called. "We just gave up." Today,
Lilly Manning lives with more than 100 scars etching her 5-foot-3 body,
physical reminders of the hammer attacks, beatings, burns and strikes to the
head with a 2-by-4 and a padlock swinging from a cord. Earlier this month,
her adoptive mother and great-aunt, Lillian Manning-Horvath, was sentenced to
up to six years in a mental health facility, followed by consecutive life
terms in state prison.

The woman's husband, Joseph Horvath, was convicted by a jury in 2009 and
also sentenced to multiple life terms. Documents and interviews with family
members also reveal how a domineering matriarch terrified people who
witnessed and endured years of her verbal tirades and physical abuse....

Authorities swept in, and the rest of the children were taken into
protective custody in the early morning hours of Nov. 6, 2007. The children would
never go home again. Help that didn't come

Lilly says she does not remember much about those chaotic first days and
has "lots of blank spots" about her childhood. She knows that she and her
four siblings were removed from their biological mother in the early 1990s
and placed with their great-aunt Lillian, who later adopted them. In 2002,
their adoptive mom married Horvath, a felon 18 years her junior.
Lilly wants to know more. She recently sought and received nearly 700
pages of documents from the Sacramento Juvenile Dependency Court, which detail
the many missteps among government agencies. She shared those records with
The Bee. CPS also is preparing to give her her file....

Ann Edwards, director of Sacramento County's Department of Health and
Human Services, which oversees CPS, said she could not legally comment on
Lilly's case for confidentiality reasons. However, she agreed to talk in general
terms about issues raised by the case.
"It's not uncommon for siblings to want to remain together," said Edwards.
"And it's not uncommon for children to be afraid of the unknown.

"It's quite remarkable that even children who are horribly abused
typically still love their parents, or the people who are abusing them."
Lilly says today that their adoptive mom often manipulated the kids into
keeping quiet or lying, promising she would stop the abuse.

inquiry missing & murdered aboriginal women, sex abuse debate orthodox community

2011-08-09T00:28:00.000-07:00

National inquiry sought over missing and murdered aboriginal women

By NEAL HALL, VANCOUVER SUN July 29, 2011
VANCOUVER -- The Native Women's Association of Canada is calling for a
national inquiry into the growing number of missing and murdered aboriginal
women after feeling shutout from B.C.'s Missing Women inquiry.

"The government of B.C. has shut us out of the British Columbia Missing
Women Commission of Inquiry, and now we have no confidence that it will be
able to produce a fair and balanced report," NWAC President Jeannette
Corbiere Lavell said in a statement issued today.

"The decision of the BC government to restrict funding for counsel
primarily to police and government agencies demonstrates how flawed and one sided
this process has become."

Her comments came after B.C. Attorney General Barry Penner has repeatedly
rejected calls for funding for 13 groups who have been granted standing at
the Missing Women inquiry, including the NWAC.

Rabbinical court opens sex abuse debate in orthodox community
By Marian Scott, Postmedia News July 26, 2011

MONTREAL — A rabbinical court has brought the long-hidden issue of sexual
abuse in Montreal's Orthodox Jewish community out into the open.
In an advisory issued at the start of the summer-camp season, the Beit
Din, a religious court, told parents to teach children about inappropriate
touching, whether it's by another child, a relative or an authority figure.

The written notice said parents should explain to children it's an
obligation — not a sin — to tell a parent or rabbi if an incident occurs.
The move is a departure for a community that's been accused in the past of
sweeping the sensitive topic of sexual abuse under the carpet.

"That already is a huge step for the Orthodox community," said Diane
Sasson, executive director of Auberge Shalom, a centre for women and children
affected by conjugal violence.
That the Jewish court is acknowledging the existence of sexual abuse is a
sign of progress, Sasson said.
But an expert on sexual abuse in the Orthodox community criticized the
religious court for not telling parents to report incidents to police or
youth-protection authorities....

THE PUNJAB HIGHWAYS ORDINANCE, 1959

2011-07-28T23:44:00.000-07:00

THE PUNJAB HIGHWAYS ORDINANCE, 1959

(W.P. Ordinance XXXII of 1959)

C O N T E N T S

CHAPTER I

PRELIMINARY

Sections

1. Short title and extent.

2. Definitions.

CHAPTER II

HIGHWAY AUTHORITIES

3. Highway Authorities.

4. Transfer of control from one Highway Authority to another.

CHAPTER III

POWERS OF HIGHWAY AUTHORITIES

5. General power of Highway Authorities.

6. Encroachments.

7. Certain works on highways.

8. Restrictions on ribbon development on certain highways.

9. Adoption of restriction of section 8 in respect of other highways.

10. Compensation.

11. Construction of means of access to or buildings on areas subject to restrictions under section 8 or section 9.

12. Temporary closure of highway.

13. Permanent closure of highways.

14. Interference or damage resulting from works on highways.

15. Regulation of classes of vehicles or animals using a highway.

CHAPTER IV

IMPROVEMENT OF HIGHWAYS

16. Determination of building line.

17. Construction of buildings, etc., between highway and building line.

18. Acquisition of land.

CHAPTER V

DUTIES OF HIGHWAY USERS

19. Conformity with rules, signs and directions of officer regulating traffic.

20. Vehicles and animals to be stopped in certain cases.

21. Driving of vehicles and animals.

22. Adequate control and care of vehicles and animals.

23. Power to arrest without warrant.

CHAPTER VI

PROCEDURE AND PENALTIES

24. Cognizance of offences.

25. Penalties.

25-A.

CHAPTER VII

MISCELLANEOUS PROVISIONS

26. Persons deemed to be public servants.

27. Protection to persons taking action under the Ordinance.

28. Payment of compensation and its determination.

29. Power of Government to make rules.

30. Repeal and savings.

[1]THE [2][PUNJAB] HIGHWAYS ORDINANCE, 1959

(W.P. Ordinance XXXII of 1959)

[23 May 1959]

An Ordinance to consolidate and amend the law relating to highways in the province of [3][the Punjab]

Preamble.— WHEREAS it is expedient to consolidate and amend the law relating to highways in the Province of [4][the Punjab];

Now, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October 1958, 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:-

CHAPTER I

PRELIMINARY

1. Short title and extent.— (1) This Ordinance may be called the [5][Punjab] Highways Ordinance, 1959;

[6][(2) It extends to the whole of the Province of [7][the Punjab], except the Tribal Areas.]

2. Definitions.— In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say—

(a) “animal” includes any elephant, camel, horse, ass, mule and cattle;

(b) “Government” means the [8][Provincial Government of the Punjab];

(c) “highway” includes a common and public highway and all roads, carriageways, cartways, streets and lanes, together with any bridleways, footpaths and pavements adjacent thereto, which have been constructed, or are maintained by Government or any local authority or any other authority empowered in that behalf, and are designed and intended for, or used by the general public for the passage of vehicles, and shall further include—

[9][(i)] all culverts, bridges and works of every description built on, under or across any highway;

[10][(ii)] all adjacent berms and side drains within the boundaries of any highway;

[11][(iii)] all land included within the boundaries of any highway; and

[12][(iv)] all fences, posts and trees on any highway;

(d) “prescribed” means prescribed by rules made under this Ordinance;

(e) “vehicle” includes any wheeled conveyance drawn, propelled or driven by any kind of power, including human and animal power, but shall not include motor vehicles, unless the latter are expressly included.

CHAPTER II

HIGHWAY AUTHORITIES

3. Highway Authorities.— (1) Government may, by notification, appoint any person or persons to be Highway Authority for a part of a highway or for one or more highways and such authority shall be subject to such conditions and limitations as may be specified in the notification.

(2) Where no Highway Authority is appointed under the last preceding sub-section and the highway is not maintained by Government, the local authority shall be deemed to be Highway Authority in respect of all highways within its jurisdiction.

(3) Government shall be Highway Authority for all highways and all purposes not specifically provided for in the two preceding sub-sections.

4. Transfer of control from one Highway Authority to another.— (1) Government may, by notification, transfer control of any highway from itself as Highway Authority to another Highway Authority, or from another Highway Authority either to itself as Highway Authority or to some other Highway Authority, in regard to such matters dealt with by this Ordinance, and on such conditions, as may be specified in the notification.

(2) As from the date of a notification issued under the last preceding sub-section any contract made prior to such date by or on behalf of the superseded Highway Authority in respect of the highways, and in relation to the functions of which control is transferred, shall take effect as if it had been made on behalf of the Highways Authority assuming such control.

CHAPTER III

POWERS OF HIGHWAY AUTHORITIES

5. General power of Highway Authorities.— Subject to the other provisions of this Ordinance, a Highway Authority may—

(a) Lay out or make a highway and do all works necessary thereto, and make necessary provision for the safe and convenient use of such highways by the public, including drainage, lighting and roadside trees;

(b) turn, divert or close any highway, or part thereof either temporarily or permanently;

(d) fix the specification, alignment and point of junction of any access roads connecting a highway with adjoining properties;

(e) utilize for any purpose appropriate to its functions, land forming part of a highway which is not actually required for the passage of traffic, and dispose of the natural produce of such land; and

(f) regulate the kind, number, and speed of vehicle using any highway or portion thereof by means of barriers, diversion roads, and all other means whatsoever.

[13][6. Encroachments.— (1) No person shall, except under the provision of sub-section (3), make any encroachment on or above any highway by:

(a) erecting any structure whether temporary or permanent, movable or immovable;

(b) setting up any fence, hedge, post, sign-board advertisement hoarding or banner; or

(2) Any person who contravenes the provisions of sub-section (1) shall be liable to prosecution under this Ordinance, and the Highway Authority, may also, after giving notice, which shall not be less than twenty-four hours, require the offender to remove the encroachment and upon his failing to comply with such notice, itself remove the encroachment and any material recovered from such encroachment shall stand confiscated.

(3) A Highway Authority may, at its discretion, with due regard to the safety and convenience of traffic on the highway and subject to such conditions as it may impose and on payment of such fees as it may fix, permit any person to:

(a) set up sign boards, advertisement hoarding or banners; or

(b) deposit building material or other articles or set up a scaffolding for a specified period not exceeding one month.

(4) No person shall cause or allow to be caused, dumping, collection or letting loose of rubbish, industrial waste, waste water, sullage, industrial effluent or any other such matter on a highway.]

7. Certain works on highways.— (1) A Highway Authority may carry any cable, wire, pipe, drain, sewer or channel of any kind through, across, under or over any highway under its control, and after giving reasonable notice in writing to the owner or occupier, into, through, across, under, over or up the side of any land or building situated within the boundaries or such highway, for the purpose of establishing telephonic or other similar communication, or of carrying out and establishing or maintaining any system of lighting drainage or sewerage or any purpose connected with the upkeep, maintenance or betterment of such highway, and may at all times do all acts and things which may be necessary or expedient for repairing and maintaining any such cable, wire, pipe, drain, sewer or channel in an effective state:

Provided that no nuisance more than is necessarily caused by the proper execution of the work is created by any such operation, and that where damage is done to any land or building which is not owned by the Highway Authority, reasonable compensation shall be paid to the owner or occupier of such property in respect of such damage.

(2) Notwithstanding anything contained in any other law for the time being in force no person or authority shall do any of the following acts, namely:-

(a) open or break up the surface of any highway; or

(b) construct or carry any cable, wire, pipe, drain, sewer or channel of any kind, through, across, under or over any highway; or

(c) within the boundaries of any highway, repair or alter or execute any works on, or in relation to, any existing cable, wire, drain, sewer or channel of any kind, running through, across, under or over such highway;

unless such person or authority shall have first obtained the consent to the proposed work of the appropriate Highway Authority.

(3) In giving its consent under the last preceding sub-section, a Highway Authority may impose such conditions as it may deem to be necessary and consistent with the performance of its duty as such Highway Authority, and may impose a rent or other charge for any land forming part of the highway occupied by or applied to the proposed work.

[14][(4) Any person contravening or causing the contravention of the provisions of sub-section (1) shall be liable to prosecution under the provisions of this Ordinance and the Highways Authority may, also without giving any notice to the offender, remove the offending works, restore the highway to its former condition, recover the cost thus incurred from the offender as hereinafter provided and confiscate any material recovered by the removal of the offending works.

(5) The cost recoverable under sub-section (4) shall be such sum as may be determined to be the actual cost by the Highway Authority. The Highway Authority may require the offender through a demand notice to pay the cost within a reasonable period not exceeding fifteen days and in case he fails to make the payment within the specified period, the cost shall be recovered as arrears of land revenue.]

(6) If any dispute arises between the Highway Authority and any other authority or person, out of or in relation to the exercise of the powers of such Highway Authority under [15][sub-section] (1), [16][* * *] such dispute shall be referred to arbitration.

8. Restrictions on ribbon development on certain highways.— (1) As respects all highways which on or after the date of the coming into operation of this Ordinance are maintained by the [17][Highway Department] or are provincial property maintained by local bodies, the following restrictions shall apply, that is to say, it shall not be lawful without the consent of the Highway Authority:-

(a) to construct or layout any means of access to or from the highway;

(b) to erect any building upon land within two hundred and twenty feet from the middle of the highway:

[18][Provided that the Government may, by notification, reduce the extent of restriction under the provisions of clause (b) in respect of any particular highway or part thereof.]

(2) No restrictions in force under the last preceding sub-section shall apply in relation to—

(a) any building which is used or intended to be used mainly or exclusively for purposes relating to cultivation of land adjacent thereto otherwise than as a dwelling house;

(b) any works begun before the date of the coming into operation of this Ordinance or any works carried out in accordance with a permission granted by any competent authority before that date;

9. Adoption of restriction of section 8 in respect of other highways.— (1) A Highway Authority may, in the manner provided hereunder, propose to adopt the restrictions referred to in the last preceding section as respects any highway to which the said restrictions do not of their own force apply.

(2) The proposal shall be notified in the manner provided in section 13 for the publication of notices of closure of highways and in such detail as may be prescribed inviting objections to the proposal to be filed within, a period of thirty days from the date of publication, and all objections received within such period shall be taken into consideration by the Highway Authority, which may modify the proposal, or if it finds that in consequence of any objection the proposal is impracticable, may abandon it.

(3) If the Highway Authority decides to proceed with the proposal it shall forward it, with modifications, if any, as provided by the last preceding sub-section to Government; and Government may after such further enquiry as may be considered necessary reject the proposal or approve it with such further modifications as it may deem fit to make.

(4) The proposal as finally approved by Government shall be published in the Gazette, and from the date of such publication, the restriction contained in sub-section (1) of section 8 shall apply to the highway specified in the proposal.

(5) If a building line is determined under the provisions of section 16 in respect of any highway to which in accordance with this section, the restrictions contained in section 8 have been applied, the said restrictions shall cease to have effect from the date on which such building line is determined.

10. Compensation.— If any person having any interest in land proves that his interest is injuriously affected by the impositions of restrictions by or under the provisions of section 8 or section 9, he shall be entitled to recover from the Highway Authority compensation for any injury or damage to such interest.

Explanation— For the purpose of this section the expression “interest in land” shall mean the interest vested in such person on the day the aforesaid restrictions came into force.

(2) No claim for compensation under the last preceding sub-section for injury or damage shall be entertained unless the claimant furnishes satisfactory proof—

(a) that proposal for development at the date of the claim for compensation are immediately practicable or would have been so if this Ordinance had not been passed; and

(b) that there is a demand for such development.

(3) No compensation shall be payable for any injury or damage in so far as the land is subject to a substantially similar restriction under some other enactment, or where compensation in respect of some substantially similar restriction in force under this or any other enactment has already been paid.

(4) Subject to the other provisions of this section, compensation to be awarded shall be a sum by which the market value of the interest in land is reduced as a result of restrictions imposed under section 8 or section 9.

11. Construction of means of access to or buildings on areas subject to restrictions under section 8 or section 9.— Any person wishing to obtain the consent of the Highway Authority to construct or layout a means of access to or from or to construct a building within two hundred and twenty feet of the middle of any highway, to which restrictions have been applied by or under section 8 or section 9 shall apply in writing to the Highway Authority and shall furnish with his application such plans and other particulars as may be prescribed and the Highway Authority may refuse to grant the application or may grant the application subject to such conditions as it may deem fit to impose:

Provided that the application shall not be deemed to have been sanctioned by reason that no order refusing it is passed by the Highway Authority despite the lapse of time.

12. Temporary closure of highway.— When any highway or portion thereof is temporarily closed for repairs or for any other purpose connected with the function of the Highway Authority under this Ordinance in such manner as to interfere with the passage of traffic, it shall be the duty of the Highway Authority to set up such notices as may be prescribed at each end of the closed portion, and the Highway Authority may also announce the fact by such other means as it may deem proper; and the Highway Authority shall further provide, so far as may be, reasonable means of access to the open portion of the highway from the adjoining areas which have been deprived of access by such closure, as well as a reasonable passage for through traffic, and may, for these purposes, make temporary access or diversion roads through contiguous lands, after giving reasonable notice to the owner thereof and shall pay reasonable compensation for any damage caused to such lands thereby.

13. Permanent closure of highways.— (1) A Highway Authority, intending permanently to close a highway or any portion of a highway, shall give notice of its intention, in the Gazette, as well as by publication in one or more newspapers circulating in the affected area or by display of notices at conspicuous places in such area, or by both these methods.

(2) The notice shall invite objections to the proposed closure within a period of not less than a month from the date of publication.

(3) In arriving at its decision, the Highway Authority shall take all such objections into consideration after making such other enquiries as it may deem necessary to ensure that the proposed closure will not cause inconvenience to the inhabitants of the affected area on account of lack of alternative means of access to or movement within such area.

(4) Where inconvenience as aforesaid is likely to result, the Highway Authority nevertheless may close the highway provided that it is satisfied that an alternative highway or highways, whether previously existing or newly constructed by itself, will more satisfactorily meet the general requirements of the area than the highway proposed to be closed.

(5) A decision by a Highway Authority to close a highway or portion thereof shall be published in the manner provided for publication of notices under sub-section (1) and within thirty days of the last date of publication two or more persons who are aggrieved by such decision, and have obtained the consent in writing of the Advocate-General, may appeal to Government against such decision.

(6) Government shall refer such appeal for decision to a Tribunal which shall be composed of a President who shall be a Judge of the High Court to be nominated by the Chief Justice and two members to be nominated by Government one of whom shall be an official of the [19][Highway Department], not below the rank of Executive Engineer, and the other shall be a person who has for at least ten years been an Advocate of a High Court.

(7) The Tribunal shall have all the powers of a Civil Court for the purpose of compelling the attendance of parties and witnesses and the production of documents and subject to rules that may be made in this behalf, the proceedings before the Tribunal shall be conducted, as nearly as may be, in the manner provided by the Code of Civil Procedure, 1908[20], for the trial of civil suits.

(8) At the conclusion of the proceedings the Tribunal shall report its findings to Government, which shall transmit such report to the Highway Authority with instructions to act in accordance therewith:

Provided that if Government considers that the report requires reconsideration in respect of any matter, it may refer such matter to the Tribunal for further consideration and the Tribunal may, after such further enquiry as it may think fit, modify its finding in respect of such matter or may confirm such finding.

(9) The costs of the proceedings shall be paid in accordance with such direction as may be made in that behalf by the Tribunal, and shall be recoverable as an arrear of land revenue.

(10) When a highway is closed under the provisions of this section, any person who on the date of first publication of a notice under sub-section (1), owned an interest in land or immovable property, and proves that such interest has been directly and injuriously affected by such closure shall be entitled to recover reasonable compensation for such injury from the Highway Authority, and in the event of dispute as to the amount of such compensation such dispute shall be referred to arbitration.

14. Interference or damage resulting from works on highways.— (1) If any interference or damage is caused by reason of any work on a highway which is done by order of the Highway Authority, to any existing means of access to such highway, or to any existing drain, water channel, pipe, cable (whether overhead or underground), tramway or railway line, then—

(a) if it be possible, the interference or damage shall be remedied by the restoration of the thing interfered with or damaged, to its previous position and condition at the cost of the Highway Authority; or

(b) if such restoration be not possible, such thing shall at the cost of the Highway Authority be replaced by another providing as nearly as may be the same facility, provided that if there be appreciable diminution of utility by such substitution, the Highway Authority may pay additional compensation in money; or

(c) if neither restoration nor substitution be possible then reasonable compensation shall be paid to persons interested by the Highway Authority.

(2) Any person aggrieved by the action of the Highway Authority may apply to Government and it shall thereupon refer the dispute for decision by arbitration.

15. Regulation of classes of vehicles or animals using a highway.— (1) A Highway Authority may prohibit or restrict either permanently or temporarily, the taking of any class of vehicles or animals over a highway or any part thereof, if such prohibition or restriction is, in its opinion, necessary for the public safety or convenience, or for any other sufficient reason.

(2) Such prohibition or restriction shall be notified by display of notices at prominent places along the effected highway and where it is intended to be permanent shall also be notified by publication in the Gazette and at least in one newspaper circulating in the locality.

CHAPTER IV

IMPROVEMENT OF HIGHWAYS

16. Determination of building line.— (1) In respect of any such highway specified in section 8, or for which the provisions contained in section 8 have been adopted under section 9, the Highway Authority may determine a building line, along one or both sides of such highway, after enquiry, in the manner hereinafter described.

(2) A building line shall not be proposed unless the Highway Authority shall have first examined and taken into consideration, any planning scheme proposed, prepared or enforced in the same vicinity by the local authority and shall first have consulted with such local authority in that behalf.

(3) When a Highway Authority proposes to determine a building line as aforesaid, it shall give notice in the prescribed manner containing such details of the proposal as it may deem necessary, provided that it shall not be necessary to include a plan of the proposed building line in such notice, but a copy or copies of such plan shall be deposited and shall be available for public inspection for a period of not less than thirty days, at one or more places in or near the affected locality, which shall be specified in such notice.

(4) The notice shall invite objections to the proposals to be filed within a period of three months from the date of publication and all objections received within such period shall be taken into consideration by the Highway Authority in arriving at its decision.

(5) The building line so determined by the Highway Authority shall be published in the manner prescribed and shall come into effect from the date of such publication.

(6) Any person aggrieved by the decision of the Highway Authority may [21][appeal] to Government, and it shall thereupon refer the dispute for decision by arbitration.

17. Construction of buildings, etc., between highway and building line.— (1) Except as provided by this or any other enactment, it shall not be lawful without the consent of the Highway Authority to construct or lay out any means of access to or from the highway, to erect or re-erect any building, to make any excavation or to construct from or layout any works, upon land lying between a building line and the highway in respect of which it has been determined.

(2) Should any building (including a wall) or any part thereof lie within the prohibited area, as defined in the last preceding sub-section, the Highway Authority may, whenever such building or part has been either entirely or in greater part burnt or has fallen down, by notice require such building or part when being rebuilt, to be set back to the building line, and if the portion of land thus rendered vacant is included within the boundaries of the highway in relation to which such building line has been determined, such portion shall become part of the highway:

Provided that the Highway Authority shall pay compensation to the owner of such portion of land or of the building which existed thereon for any damage caused to him by the setting back of the building.

18. Acquisition of land.— (1) A Highway Authority may acquire any land situated between a building line and the highway to which it relates, if in its opinion, such acquisition is necessary for the construction or improvement of the highway.

(2) If the purchase cannot be effected by agreement, the Highway Authority may certify that the land is required for the construction or, as the case may be, the improvement of a highway, and thereafter acquisition may be effected under the Land Acquisition Act, 1894.

CHAPTER V

DUTIES OF HIGHWAY USERS

19. Conformity with rules, signs and directions of officer regulating traffic.— Every person using a highway, or who is incharge of a vehicle or animal on a highway shall himself conform, and shall cause any such vehicle or animal as aforesaid to conform, to such general rules of traffic as may be prescribed and shall obey all traffic signs fixed on such highway and all lawful directions given to him by any police officer in uniform or other authorised person for the time being engaged in the regulating of traffic.

20. Vehicles and animals to be stopped in certain cases.— (1) Every person using a highway shall stop and remain stationery, and every person incharge of a vehicle or animal on a highway shall cause such vehicle or animal to stop and remain stationery, for so long as may be reasonably necessary—

(a) when required to do so by a police officer in uniform or by any authority lawfully empowered in this behalf under this Ordinance or which is lawfully empowered to levy a toll or tax;

(b) when required to do so by any person in charge of any animal, if such person apprehends that the animals in his charge being alarmed will become unmanageable; and

(c) when the vehicle or animal is involved in the occurrence of any accident to any person, animal or vehicle, or damage to any property, whatever be the cause of such accident or damage.

(2) When any accident or damage such as is mentioned in clause (c) of the last preceding sub-section occurs, the person in charge of the vehicle or animal shall be bound on enquiry to give on the spot his own name and address and if he is not the owner, the name and address of the owner of such vehicle or animal to a police officer, or any other authorised person, and shall also be bound to state these particulars to any person who sustains loss, damage, or injury on account of such accident or damage, provided that such other person also states his own name and address, and any person who was a witness to the occurrence shall be bound to state his name and address, on demand by the person in charge of the vehicle or animal or by any person who has sustained loss, damage or injury in the occurrence, or by any police officer or other authorised person.

(3) In a case of accident or damage as aforesaid, if any person is injured the person in charge of the vehicle or animal shall, unless he be himself incapacitated by injury sustained in the same occurrence—

(a) take all reasonable steps, such as may appear necessary, to secure medical attention for the person injured; and

(b) if no police officer or other authorised person be present at the spot, report the occurrence at the nearest police station as soon as possible and in any case, within twenty-four hours of the occurrence.

21. Driving of vehicles and animals.— (1) No person shall himself proceed on a highway or drive any vehicle or animal on a highway so as by such driving or the manner thereof to endanger human life, or be likely to cause hurt to any other person.

(2) No person shall drive a vehicle or an animal on a highway when he is under the influence of drink or a drug to such an extent as to be incapable of exercising proper control over such vehicle or animal.

22. Adequate control and care of vehicles and animals.— (1) No person in charge of a vehicle or animal shall cause or allow it to remain on any highway, whether at rest or in motion, in such a condition or in such circumstances, as to cause or be likely to cause danger, obstruction, or undue inconvenience to other users of the highway.

(2) If a vehicle or animal is found abandoned or unattended on a highway, the Highway Authority may remove and impound it, and the cost of such removal and any maintenance provided by the Highway Authority shall be recoverable from the owner thereof.

(3) If no person appears to claim the property within seven days of such seizure, the Highway Authority may sell the vehicle or animal by auction, and recover such expenses from the proceeds, and the balance, if any, shall be payable on application to the person entitled.

23. Power to arrest without warrant.— (1) A police officer in uniform may arrest without warrant,—

(a) any person who in his view commits a contravention of section 21, provided that if the contravention be of sub-section (2) of section 21, the person arrested shall be subjected to medical examination within two hours of his arrest, and shall then be released from custody;

(b) any person concerned or reasonably suspected of being concerned in a contravention of any provision of this Chapter, if the police officer has reason to believe that he will abscond or otherwise avoid the service of a summons; or

(c) any person who, being required under the provisions of this Ordinance, to give his name and address refuses to do so, or gives a name and address which the police officer has reason to believe to be false.

(2) A police officer arresting the driver of a vehicle or a person in charge of an animal under the provisions of this section shall take or cause to be taken reasonable and necessary steps for the safe custody of the vehicle or animal.

CHAPTER VI

PROCEDURE AND PENALTIES

[22][24. Cognizance of offences.— In addition to any specific provision made elsewhere in this Ordinance any contravention of the provisions of sections 6,7,8 and 17(1) shall be the offence which will be cognizable.]

[23][25. Penalties.— (1) Whoever contravenes any provision of this Ordinance or any rules made thereunder or any lawful order passed by a Highway Authority under the provisions of this Ordinance, shall be punished with fine which may extend to five hundred rupees.

(2) Notwithstanding the provisions of sub-section (1), whoever contravenes the provisions of section 6,7,8 and 17 (1) shall be punished with imprisonment which may extend to three months or with fine which shall not be less than five hundred rupees or with both.

(3) In case of conviction, the Court shall, in addition to the penalty imposed under sub-section (2) order the removal of the offending encroachment, structure, works, or other such articles, within a specified period not exceeding fifteen days and if the offender fails to comply with the order, he shall be deemed to be guilty of committing a continuing offence for which the minimum punishment shall be imprisonment.

(4) In case the Court finds that it is physically not possible for the offender to comply with the order passed under sub-section (3) or the offender fails to comply with it, the Court shall authorise the Highway Authority to remove the offending encroachment, structure, works, etc., at the risk and cost of the offender.]

[24][25-A. All notices under this Ordinance, shall be served in the following manner:-

(i) In case the identity of the offender is known, the notice shall be served on him or on his known authorised representative or on the person found to be representing him at the site of occurrence of the offence personally and if these persons be not available or traceable or refuse to receive the notice, by affixation at a conspicuous place at the site of the offence.

(ii) In case the Highway Authority is satisfied that the identity of the offender cannot be ascertained, a notice with the heading “To whom it may concern” affixed at a conspicuous place at the site of offence shall be deemed to have been served on the offender.]

CHAPTER VII

MISCELLANEOUS PROVISIONS

26. Persons deemed to be public servants.— All persons acting under the authority of Government or of any Highway Authority in the carrying out of any of the provisions of this Ordinance or of the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code.

27. Protection to persons taking action under the Ordinance.— No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under or in pursuance of this Ordinance or any rules made thereunder.

28. Payment of compensation and its determination.— (1) Except as specifically provided by this Ordinance, no compensation shall be payable to any person, on account of any order made, or any restriction imposed or any act performed by a Highway Authority.

(2) Where the amount of compensation payable cannot be agreed upon it shall be determined by arbitration.

29. Power of Government to make rules.— (1) Government may after previous publication make rules for the purpose of carrying into effect the provisions of this Ordinance.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the prevention of obstruction to the free and rapid movement of traffic on highways, including obstruction to the vision of persons driving vehicles (including motor vehicles) constituted by trees and their branches, hedges and other vegetation, growing on or overhanging a highway;

(b) the prevention of nuisances by the discharge of sullage water or the deposit of matter which is offensive or injurious to health, or the carrying on of dangerous or offensive trades, on or in the immediate vicinity of a highway;

(d) the regulation of the use of sound amplifying apparatus on or in the immediate vicinity of a highway;

(e) the regulation of the grazings of animals on areas included within the boundaries of a highway;

(f) the regulation of the loading of goods in vehicle on or in the immediate vicinity of a highway;

(g) the regulation or prohibition of the use of the whole or part of a highway by pedestrians or animals;

(h) the carrying or wearing by all or any vehicle or animal using a highway of a horn or bell, or other contrivance for giving audible warning of their approach or position;

(i) the carrying by all or any vehicle of lamps and reflectors and the regulation of the use thereof;

(j) the regulation of the design of goods vehicles (including the materials and width of their tyres), and the maximum load to be carried thereon;

(k) the fixing of the maximum weight of vehicles which may use a bridge or any class of bridges, forming part of highway;

(l) the types of traffic signs which are to be employed on highways;

(m) the proper provision and maintenance of highways, and the safe, convenient and orderly movement of traffic thereon;

(n) the particulars to be entered in a notification of a proposal published under sub-section (2) of section 9;

(o) the plans and particulars required to be furnished by any person making application under section 11;

(p) the notices of temporary closure to be set up under section 12;

(q) the procedure to be followed by the Tribunal appointed under section 13;

(r) the manner in which notice of a proposal to determine a building line under section 16 is to be given; and

(s) the manner in which building line determined under section 16 is to be published.

30. Repeal and savings.— (1) The following enactments are hereby repealed:-

(a) The West Punjab Highways Act, 1948[25].

(b) The North-West Frontier Province Ribbon Development Prevention Act, 1946[26].

(2) Notwithstanding the repeal of the enactments mentioned in the last preceding sub-section, everything done and all action taken, obligation, liability, penalty or punishment incurred, inquiry or proceeding commenced, officer appointed or person authorised, jurisdiction or power conferred, rule made and notification issued under any of the provisions of the said enactments shall, if not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been respectively done, taken, incurred, commenced, appointed, authorised, conferred, made or issued under this Ordinance.

--------------------------------------------------------------------------------

[1]This Ordinance was promulgated by the Governor of West Pakistan on 18th May, 1959; published in the West Pakistan Gazette (Extraordinary), dated 23rd May, 1959, pages 437-455; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962).

[2]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.

[3]Ibid.

[4]Ibid.

[5]Ibid.

[6]Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964).

[7]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.

[8]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of West Pakistan”.

[9]Substituted for “(a)” by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976).

[10]Substituted, ibid. for “(b)”.

[11]Ibid., for “(c)”.

[12]Ibid., for “(d)”.

[13]Substituted by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976).

[14]Substituted by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976).

[15]Substituted, for the word “sub-sections”, by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976).

[16]The figures “(2) and (3)”, deleted ibid.

[17]Substituted ibid., for “Provincial Public Works Department”.

[18]Added ibid.

[19]Substituted by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976), for “Public Works Department, Buildings and Roads Branch”.

[20]V of 1908.

[21]Substituted by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976), for the word “apply”.

[22]Substituted by the Punjab Highways (Amendment) Act, 1976 (XVIII of 1976).

[23]Ibid.

[24]Added ibid.

[25]West Pakistan VI of 1948.

[26]N.W.F.P. XIII of 1946.

THE PUNJAB REAL ESTATE AGENTS AND MOTOR VEHICLES DEALERS (REGULATION OF BUSINESS) ORDINANCE, 1980

2011-07-28T23:43:00.000-07:00

THE PUNJAB REAL ESTATE AGENTS AND MOTOR VEHICLES DEALERS (REGULATION OF BUSINESS) ORDINANCE, 1980

(Pb. Ord. VI of 1980)

C O N T E N T S

Sections

1. Short title, extent and 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. Offences.

11. Power to make rules.

[1]THE PUNJAB REAL ESTATE AGENTS AND MOTOR VEHICLES DEALERS (REGULATION OF BUSINESS) ORDINANCE, 1980

(Pb. Ord. VI of 1980)

[21 June 1980]

An Ordinance to regulate the business of real estate agents and motor vehicles dealers in the Province of the 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 (C.M.L.A. Order No. 1 of 1977), the Governor of the Punjab is pleased to make and promulgate 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 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 prescribed 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;

(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 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 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.

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

(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 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.

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.

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.

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 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 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][9-A. Recovery of dues.— Any amount due under this Ordinance shall be recoverable as arrears of land revenue.]

10. Offences.— (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 an offence under this Ordinance except on a complaint made in writing by the registering authority.

(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.

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[1]This 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-A to 631-D.

[2]Substituted for the words “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), 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 the Islamic Republic of Pakistan.

[3]Inserted ibid.

[4]Deleted by the Punjab Finance Act, 1998 (VII of 1998).

[5]Deleted by the Punjab Finance Act, 1998 (VII of 1998).

[6]Substituted for the words and comma “Director, Excise and Taxation, concerned” by the Punjab Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) (Amendment) Ordinance, 2002 (XIV of 2002), 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 the Islamic Republic of Pakistan.

[7]Ibid., for the word “Director”.

[8]Added by the Punjab Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) (Amendment) Ordinance, 1984 (X of 1984).

[9]Added by the Punjab Finance Act, 1998 (VII of 1998).

THE PUNJAB INFORMATION TECHNOLOGY BOARD ORDINANCE 1999

2011-07-28T23:42:00.000-07:00

THE PUNJAB INFORMATION TECHNOLOGY BOARD ORDINANCE 1999

(Pb. Ord. XLIV of 1999)

C O N T E N T S

Sections

1. Short title and commencement.

2. Incorporation.

3. Constitution of the Board.

4. Functions and powers of the Board.

5. Chairman.

6. Delegation of powers.

7. Board fund.

8. Budget, audit and accounts.

9. Employees of the Board.

10. Rules.

11. Regulations.

12. Removal of difficulties.

[1]THE PUNJAB INFORMATION TECHNOLOGY BOARD ORDINANCE 1999

(Pb. Ord XLIV of 1999)

[4 September 1999]

An Ordinance to provide for the establishment of the Punjab Information Technology Board and matters ancillary thereto.

Preamble.— Whereas it is expedient to make provisions for the establishment of the Punjab Information Technology Board;

And whereas the Provincial Assembly of the Punjab is not in session and the Governor of the Punjab is satisfied that immediate action is necessary;

Now, therefore, in exercise of the powers conferred upon him under Article 128 of the Constitution, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:-

1. Short title and commencement.— (1) This Ordinance may be called the Punjab Information Technology Board Ordinance 1999.

(2) It shall come into force at once and shall be deemed to have taken effect on the day the Punjab Information Technology Board Ordinance 1999 (XXV of 1999) stands repealed[2] under Article 128(2) of the Constitution.

2. Incorporation.— (1) The Government may establish a Board to be called the Punjab Information Technology Board.

(2) The Board shall be a body corporate having perpetual succession and a common seal with powers to acquire, hold and dispose of property and shall by the said name sue and be sued.

3. Constitution of the Board.— (1) The Board shall consist of such number of members as may be appointed by the Government.

(2) The Government shall appoint one of the members as President of the Board.

(3) No act, proceedings or decision of the Board shall be invalid by reason of any vacancy or defect in the constitution of the Board.

4. Functions and powers of the Board.— The Board shall take all such measures as it deems necessary for the administration of its affairs and for the administration, promotion, development and use of information technology.

5. Chairman.— (1) The Government shall appoint a Chairman of the Board whose terms and conditions of service shall be such as may be determined by the Government.

(2) The Chairman shall perform such functions as may be assigned to him by the Board.

6. Delegation of powers.— (1) The Board may delegate to any person any of its powers, duties and functions.

(2) The Chairman may delegate any of his powers including delegated powers to any officer of the Board.

7. Board fund.— (1) There shall be a fund to be known as the Information Technology Board Fund, which may vest in the Board and to which shall be credited all moneys received by the Board.

(2) The Fund shall be kept in such custody and shall be utilized and regulated in such manner as may be prescribed by rules.

(3) The Government shall provide funds to the Board for its Secretariat and other necessary and incidental expenses.

8. Budget, audit and accounts.— The Budget of the Board shall be approved and its accounts shall be maintained and audited in such manner as may be prescribed by rules.

9. Employees of the Board.— The Board may employ such officers, advisers, consultants and employees in its service as may be necessary for the efficient performance of its functions in such manner and on such terms and conditions as may be prescribed by the Board.

10. Rules.— The Government may make rules for carrying out the purposes of this Ordinance.

11. Regulations.— Subject to this Ordinance and rules framed thereunder, the Board may make regulations for carrying out the purposes of this Ordinance.

12. Removal of difficulties.— If any difficulty arises in giving effect to any provision of this Ordinance, the Government may make such order as may be necessary for removing the difficulty.

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[1]Promulgated by the Governor on 4 September 1999; published in the Punjab Gazette, (Extraordinary), dated 4 September 1999, pp. 1241-43. Under Article 4 of the Provisional Constitution (Amendment) Order 1999 (9 of 1999), it will remain in force notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.

[2]It stood repealed on 5 September 1999.