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THE [KHYBER
PAKHTUNKHWA] TRUCK STAND AND TRAFFIC CONTROL (PESHAWAR) ACT, 1972.
12th January 1973.
[KHYBER PAKHTUNKHWA] ACT
NO. X OF 1973.
CONTENTS
PREAMBLE
SECTIONS
1. Short title and commencement.
2. Definitions.
3. Prohibition of keeping Truck Stand.
4. Goods carriers to halt at authorized places.
5. Provision and maintenance of Truck Stands.
6. Shifting of Truck Stands.
7. Power of the Commissioner.
8. Officer authorized to impound goods carrier.
9. Payment rent.
10. Delegation of powers.
11. Exemption.
12. Penalty.
13. Rules.
THE [KHYBER
PAKHTUNKHWA] TRUCK STAND AND TRAFFIC CONTROL (PESHAWAR) ACT, 1972.
12th January 1973.
[KHYBER PAKHTUNKHWA] ACT
NO. X OF 1973.
(Received the assent of the Governor of the [Khyber
Pakhtunkhwa]on 12th January, 1973)
AN
ACT
To provide for measures to remove and prevent traffic congestion
and to regulate movement of goods vehicles within the Municipal Limits of
Peshawar.
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WHEREAS, it is expedient to provide
for measures to remove and prevent traffic congestion and to regulate
movement of goods vehicles within the Municipal Limits of Peshawar;
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Preamble.
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It is hereby enacted as follows-
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1.
(1) This Act may be called the [Khyber
Pakhtunkhwa] Truck Stand and Traffic Control (Peshawar) Act, 1972.
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Short title and
Commencement.
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(2) It shall
come into force at once.
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2. In this Act, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say-
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Definitions.
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(a) “Commissioner” means the
Commissioner, Peshawar Division and includes an Officer who may be appointed by
Government to exercise the Powers of Commissioner under this Act.
(b) “Goods vehicle” means
any motor vehicle constructed or adapted for use for the carriage of goods, or
any motor vehicle not so contracted or adapted when used for the carriage of
goods, solely or in addition to passengers;
(c) “Government” means the
Government of the [Khyber
Pakhtunkhwa];
(d) “rules” mean rules made
under this Act.
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3.
No person, company or association plying goods vehicles to, from or through
the Municipal Limits of Peshawar shall keep within such limits or within a
radious of 4 miles outside such limits Truck stand (Adda), except at the
place allotted for the purpose in the Municipal Truck Stand.
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Prohibition of
keeping Truck Stand.
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4.
No goods carrier shall save for loading or un-loading goods halt at any place,
within the Municipal limits of Peshawar, other than the Municipal Truck Stand
or the place approved by the Commissioner.
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Goods carriers to halt
at authorized places.
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5. The Commissioner may require the
Municipal Committee Peshawar, to provide and maintain with in its limits
Truck Stand at such places as may be approved by him.
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Provision and
maintenance of Truck Stands.
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6.
All existing Truck Stand within the Municipal limits of Peshawar or within a
radious of 4 miles outside such limits shall cease to function and be shifted
to the Municipal Truck Stand within one month of the promulgation of this
Act. or within such further period as may be fixed by the Commissioner.
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Shifting of
Truck Stands.
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7.
Notwithstanding anything to contrary contained in any other law for the time
being in force or any decree, judgment or order of any court or Authority,
the Commissioner, for the purposes of this Act may-
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Power of the
Commissioner.
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(a) acquire any land
required for the Truck Stand approaches and roads and eject forcibly any person
in possession thereof, on payment of such compensation as may be determined by
the Collector Acquisition in accordance with the principles laid down in the
Land Acquisition Act, 1894:
(b) direct the Municipal
Committee to regulate the administration of Truck Stand established under this
Act in accordance with the rules framed for the purpose.
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8.
Any goods carrier found plying or at halt in contravention of any of the
provisions of this Act or the directions issued by the Commissioner, in
pursuance of this Act, shall be impounded by an officer authorized by the
Commissioner in this behalf or by any police Officer not below the rank of an
Assistant Sub-Inspector.
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Officer authorized to
impound goods carrier.
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9. Any person, company or association
using the Municipal Truck Stand or using any land belonging to the Municipal
Committee, Peshawar, for running a Truck Stand shall pay such rent to the Municipal Committee or to any person on its behalf as
may be fixed by the rules. Any arrear of rent due from any such person,
company or association, shall be recoverable as arrears of land revenue.
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Payment rent.
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10.
The Commissioner may delegate any of
the powers vested in him under this Act, to any officer subordinate to him,
or to the Municipal Committee, Peshawar, or any officer thereof.
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Delegation of Powers.
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11. The Commissioner may exempt any vehicle
or class of vehicles from the operation of all or any of the provisions of
this Act.
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Exemption.
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12.
Any person who contravenes or
attempts to contravene or abets the contravention of any provisions of this
Act or any directions issued by the commissioner in pursuance of this Act or
rules framed thereunder, shall be punished with imprisonment for a term which
may extend to one year rigorous imprisonment or with fine which may extend to
five thousand rupees or with both, on a complaint by the Chairman. Chief
Officer or Taxation Officer of the Municipal Committee, Peshawar, or by a
Police Officer not below the rank of an Assistant Sub-inspector.
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Penalty.
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13. Government may make rules to carry out
the purposes of this Act.
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Rules.
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