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THE
(W.P. Ord. XIX of 1963)
C O N T E N T S
Sections
1. Short title and commencement.
2. Prohibition of keeping bus stands.
3. Truck stands.
4. Provision and maintenance of the bus stands.
5. Construction of bus stands, etc.
6. Powers of the Commissioner.
7. Officers authorized to impound stage carriages and goods carriers.
8. Payment of rent.
9. Delegation of powers.
10. Exemption.
11. Penalty.
12. Validation.
[1]THE [2][
(W.P. Ordinance XIX of 1963)
[
An
Ordinance to provide for measures to remove and prevent traffic congestion and
to regulate movement of vehicular traffic within
the Lahore Municipal
Corporation, and to validate the actions taken under the Martial Law order No.
112, issued by the Martial Law
Administrator, Zone ‘B’ and the West Pakistan
Ordinance No. XXI of 1962
WHEREAS the Martial Law Order No. 112 was issued by the Martial Law Administrator, Zone ‘B’ on the 8th February 1962, with effect from the 1st December, 1961, and on its repeal by President’s Order No. 29 of 1962, it was continued by the Governor of West Pakistan by promulgating the West Pakistan Martial Law Orders (Continuance in Force) Ordinance, 1962 (West Pakistan Ordinance No. XXI of 1962);
AND WHEREAS the validity of the said Martial Law Order and the said West Pakistan Ordinance and the actions taken thereunder has been questioned;
AND WHEREAS it is expedient to provide for measures to remove and prevent traffic congestion and to regulate movement of vehicular traffic within the Lahore Municipal Corporation and to validate the actions taken in pursuance of the said Martial Law Order No.112 and the said West Pakistan Ordinance No. XXI of 1962;
AND WHEREAS the Assembly of the
Now, THEREFORE, in exercise of the powers conferred on him by clause (1) of Article 79 of the Constitution, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:-
1. Short title and commencement.— (1) This Ordinance may be called the
[3][
(2) It shall come into force at once and shall be deemed to have taken effect on and from the first day of December, 1961.
2. Prohibition of keeping bus stands.— No person, company or association plying stage carriages to, from, or through the local limits of the Lahore Municipal Corporation, shall keep any stand (adda) or use any place, including a highway, road or street, within the said limits, for picking up or setting down the passengers or halting the vehicles except under and in accordance with the terms of an authority issued by the Commissioner, Lahore.
3. Truck stands.— No goods carrier shall, save for loading or
unloading goods, halt at any place within the local limits of Lahore Municipal
Corporation
other than a place approved by the Commissioner, Lahore.
4. Provision and maintenance of the bus stands.— The Commissioner, Lahore, may require the Lahore
Municipal Corporation, to provide and maintain bus stands at such places within
the municipal limits of the Corporation as may be approved by the Commissioner.
5. Construction
of bus stands, etc.—
Notwithstanding anything to the contrary contained in the Punjab Town
Improvement Act, 1922 or any scheme sanctioned thereunder,
the Commissioner,
Lahore, may direct the Lahore Improvement Trust to construct temporary or
permanent bus stands and approaches and
roads leading from such stands to any
place or places within the limits of the Lahore Municipal Corporation.
6. Powers
of the Commissioner.—
Notwithstanding anything to the contrary contained in the Land Acquisition Act,
1894 (Act I of 1894), the Town Improvement Act, 1922
(Punjab Act IV of 1922) as
amended by the Punjab Town Improvement (West Pakistan Amendment) (Ordinance
XVIII of 1962), the Municipal
Administration Ordinance, 1960 (Ordinance No.X of
1960), or any other law for the time being in force, or in any decree, judgment
or order of any Court or Authority, the Commissioner, Lahore, for the purposes
of this Ordinance, may—
(a) acquire any land required for the bus stands, approaches and roads and eject forcibly any person in possession thereof, on payment of such compensation as the Commissioner deems fit on the principles laid down in the Land Acquisition Act, 1894 (Act I of 1894);
(b) lay down the routes to be followed by any
stage carriage or goods carrier within the limits of the Lahore Municipal
Corporation;
(c) regulate timings of arrival and departure of stage carriages plying from, to, or through the Lahore Municipal Corporation;
(d) frame rules for the administration of bus and truck stands established under this Ordinance.
7. Officers authorized to impound stage
carriages and goods carriers.—
Any stage carriage or goods carrier found plying or at halt in contravention of
the directions issued by the Commissioner, Lahore,
under this Ordinance shall
be impounded by an officer authorised by the Commissioner in this behalf, or by
any police officer, not
below the rank of an Assistant Sub-Inspector. Any
vehicle so impounded shall not be released except by or under the orders of the
Commissioner, Lahore.
8. Payment of rent.— Any person, company or association using the municipal bus stands in Lahore for operating stage carriages or using a truck stand maintained by the Municipal Corporation, Lahore, or using land belonging to the Municipal Corporation, Lahore, for running a truck stand shall pay such rent to the Corporation as may be approved by the Commissioner, Lahore, in this behalf. Any rent due from any such person, company or association shall be recoverable as arrears of land revenue.
9. Delegation of powers.— The Commissioner, Lahore, may delegate any of the powers vested in him under this Ordinance to any officer subordinate to him, or to the Lahore Improvement Trust or the Lahore Municipal Corporation or any officer thereof.
10. Exemption.— The Commissioner, Lahore, may exempt any vehicle
or class of vehicles from the operation of all or any of provisions of this
Ordinance.
11. Penalty.— Any person who contravenes or attempts to
contravene or abets the contravention of any provisions of this Ordinance or
any directions
issued by the Commissioner, Lahore, in pursuance of this
Ordinance or the rules framed under clause (d)
of section 6, shall be punishable with imprisonment for a term which may extend
to three years, or with fine which may extend to
five thousand rupees, or with
both.
12. Validation.— Notwithstanding anything to the contrary
contained in the Land Acquisition Act, 1894 (Act I of 1894), the Town
Improvement Act, 1922
(Punjab Act IV of 1922), as amended by the Punjab Town
Improvement (West Pakistan Amendment) (Ordinance No.XVIII of 1962), the
Municipal
Administration Ordinance, 1960 (Ordinance No.X of 1960), or any other
law for the time being in force, or in any decree, judgment
or order of any
Court or Authority, anything done, possession taken or delivered, ejectment
made, compensation assessed or paid,
allotment made, terms and conditions
settled, routes laid, timings fixed, rules framed, direction given or order
issued by the Commissioner,
Lahore, the Lahore Improvement Trust, Lahore
Municipal Corporation, or any other authority in pursuance of the said Martial
Law Order
No. 112 or the said West Pakistan Ordinance No. XXI of 1962, shall be
deemed to have been validly done, taken or delivered, made,
assessed or paid,
made, settled, laid, fixed, framed, given or issued respectively under this
Ordinance and shall be continued.
[1]This Ordinance was
promulgated by the Governor of West Pakistan on 6th June, 1963; approved by the
Provincial Assembly of West Pakistan
on 12th July, 1963, under clause (3) of
Article 79 of the Constitution of the Islamic Republic of Pakistan (1962); and,
published
in the West Pakistan Gazette (Extraordinary), dated 12th July, 1963.
[2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[3]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
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