116A

116A. Fine on spot.--(1) In any area of Islamabad Capital Territory, a police officer in uniform not below the rank of Assistant Sub-Inspector, may, notwithstanding anything to the contrary contained in this Ordinance, or any other law for the time being in force, charge on the spot any person committing in his view an offence mentioned in the Twelfth Schedule in respect of motor vehicles including scooter, motorcycle and motor rickshaw.

(2) A police officer acting under sub-section (1) shall draw up a charge in quintuplicate in Form J, as set forth in the First schedule, and shall--

(a) forthwith deliver three copies thereof to the offender, who shall acknowledge its receipt under his signature or, as the case may be, thumb-impression;

(b) immediately forward the fourth copy of the charge alongwith documents taken in possession to the designated Traffic Police Officer;

(3) A person charged with an offence under this section shall, if he does not want to contest the charge, pay, within seven days from the date of delivery of the charge under sub-section (2), the penalty specified for the offence in the Twelfth Schedule, as mentioned in the charge, through cash at the designated bank, as notified from time to time by the Federal Government, and collect the documents of the vehicle from the Traffic Office.

(4) The designated bank shall retain one copy of the challan for record, send second copy to the Traffic Office and third copy shall be handed over to the depositor.

(5) If the penalty is not paid in the manner provided in sub-section (3), the Police Officer Incharge of Traffic Police Office shall lodge a complaint against the offender before the Court having jurisdiction to try the offence.]

Punjab Amendment: In section 116-A of the Provincial Motor Vehicles Ordinance, 1965 the following shall be substituted:--

It extends to the Municipal/Cantonment limits of Lahore, Faisalabad, Rawalpindi, Multan and Gujranwala Districts.

It shall come into force at once.

"116-A. Ticketing System.--(1) A Police Officer in uniform not below the rank of Head Constable, may, notwithstanding anything to the contrary contained in this Ordinance, or any other law for the time being in force, charge on the spot any person committing in his view an offence mentioned in the Twelfth Schedule in respect of a motor vehicle.

(2) A Police Officer acting under sub-section (1) shall draw up a charge on five copies on form J and shall--

(a) forthwith deliver three copies thereof to the offender, who shall acknowledge its receipt under his signatures or thumb-impression, as the case may be;

(b) forward the fourth copy alongwith seized document to the branch of the bank, post office or traffic sector office wherefrom the offender will get back his seized document after payment of the fine; and

(3) A person charged with an offence under this section shall, if he does not want to contest the charge, pay within ten days from the date of delivery of the charge to him under sub-section (2), the penalty specified for the offence in the Twelfth Schedule, as mentioned in the charge, through cash in the notified branch of the bank of the town, or post office or traffic sector office as indicated in the charge.

(4) Where the accused person pleads guilty and pays the prescribed fine and has complied with the provisions of sub-section (3), no further proceedings in respect of the offender shall be taken against him.

(5) The bank, post office or the traffic sector office shall retain one copy of the charge for record, send second copy to the treasury and shall hand over the third copy to the depositor.

(6) If the fine is not paid in the manner provided in sub-section (3), the Police Officer drawing up the charge shall institute a complaint against the offender before the Court having jurisdiction to try that offence.

(7) If during the trial, the offender is found guilty of the offence by the trial Court, he shall be convicted to fine double to that mentioned in the charge."

Provincial Motor Vehicles (Amend.) Ord. XIX of 2001 (25.8.2001).

Sindh Amendment: In the Provincial Motor Vehicles Ordinance, 1965, hereinafter referred to as the said Ordinance, for section 116-A the following shall be substituted, namely:

"116-A. Ticket System.--(1) In any area to which Government has, by notification in the official Gazette, applied the provisions of this section, a police officer in uniform not below the rank of a Head Constable, may, notwithstanding anything to the contrary contained in this Ordinance, or in any other law for the time being in force, charge on the spot any person committing within his view an offence mentioned in the Twelfth Schedule in respect of a motor vehicle.

(2) A Police Officer acting under sub-section (1) shall draw up a charge-sheet in quadruplicate, in Form J, as set forth in the First Schedule and shall--

(a) forthwith deliver three copies thereof to the offender, who shall acknowledge its receipt under his signatures or thumb-impression, as the case may be;

(b) within twenty-four hours forward the third copy of the charge-sheet to the prescribed agency where the offenders has to deposit the fine, and;

(3) A person charged with an offence under this section shall, if he does not want to contest the charge, pay, within seven days from the date of delivery of the charge-sheet to him under sub-section (2), the penalty specified for the offence mentioned in the charge-sheet through cash in any branch of the National Bank of Pakistan under intimation to the concerned police officer or police station specified therein.

(4) Where a person charged pleads guilty and pays the prescribed fine and has complied with the provisions of sub-section (3) no further action shall be taken against him in respect of the offence.

(5) If the fine is not paid in the manner provided in sub-section (3), the police officer drawing up the charge shall lay a complaint against the offender before the Court having jurisdiction to try the offence.

(6) Government may by notification amend the Twelfth Schedule so as to add any new entry thereto or modify or omit any existing entry therefrom."

Sindh Ordinance I of 2001 (3.1.2001).

Islamabad Capital Territory Amendment: For section 116, the following shall be substituted:

"116-A. Fine on spot.--(1) In any area of Islamabad Capital Territory, a police officer in uniform not below the rank of Assistant Sub-Inspector, may, notwithstanding anything to the contrary contained in this Ordinance, or any other law for the time being in force, charge on the spot any person committing in his view an offence mentioned in the Twelfth Schedule in respect of motor vehicles including scooted, motorcycle and motor rickshaw.

(2) A police office acting under sub-section (1) shall draw up a charge in quintuplicate in Form J as set forth in the First Schedule, and shall--

(a) forthwith deliver three copies thereof to the offender, who shall acknowledge its receipt under his signature or, as the case may be, thumb-impression;

(b) immediately forward the fourth copy of the charge alongwith documents taken in possession to the designated Traffic Police Office; and

(3) A person charged with an offence under this section shall, if he does not want to contest the charge, pay, within seven days from the date of delivery of the charge under sub-section (2), the penalty specified for the offence in the Twelfth Schedule, as mentioned in the charge, through cash at the designated bank, as notified from time to time by the Federal Government, and collect to documents of the vehicle from the Traffic Office.

(4) The designated back shall retain one copy of the challan for record, send second copy to the Traffic Office and third copy shall be handed over to the depositor.

(5) If the penalty is not paid in the manner provided in sub-section (3), the police Incharge of Traffic Police Office shall lodge a complaint against the offender before the Court having jurisdiction to try the offence."

Balochistan Amendment:

"116-A. Fine on spot.--(1) In any area to which Government has by notification in the official Gazette applied the provision of this section, a Police Officer in uniform not below the rank of an Assistant Sub-Inspector (Traffic) may, notwithstanding any thing to the contrary contained in this Ordinance, or in any other law for the time being in force, charge on the Twelfth Schedule in respect of a Motor Vehicle.

(2) A Police Officer acting under sub-section (1) shall draw up a charge in Form J, as set forth in the Schedule, and shall--

(a) forthwith deliver four copies thereof to the offender who shall acknowledge its receipt under his signature or thumb-impression, as the case may be;

(b) within twenty-four hours forward the fifth copy of the charge to the Court having jurisdiction to try the offence; and

(3) A person charged with an offence under this section shall if he does not want to contested the charge, pay, within 7 days from the date of delivery of the charge to him under sub-section (2), he penalty specified for the offence in the Twelfth Schedule, as mentioned in the charge, through cash in any branch of the National Bank of Pakistan under intimation to the concerned Police Officer of Police Station specified therein and collect the documents of the vehicle from the Traffic Office:

Provided that if a person is charged with an offence under sub-section (2) after office hours or on holiday such fine shall be paid/deposited at the nearest traffic Booth under a valid receipt:

Provided fourth that the fine so collected/received by the Officer/Official Incharge of Traffic Booth shall be deposited on the next working day in any branch of the National Bank of Pakistan.

(4) The Bank shall retain one copy of the challan for record send second copy to the treasury and third copy to the police station concerned while the fourth copy shall be handed over to the depositor.

(5) If the fine is not paid in the manner provided in sub-section (3), the Police Officer drawing up the charge shall lodge a complaint against the offender before the Court having jurisdiction to try the offence.

(6) A Police Officer authorised to act under sub-section (1) and the beat/staff on duty shall be paid an incentive reward of 15% of the total fine recovered from the Offender and 15% for traffic deducation/improvement/ purchase of equipment and the remained 70% shall go to treasury at the end of each month after verification by Superintendent of Police (Traffic) of the District concerned."

Baluchistan (Amendment) Ordinance XIII of 2002 (6.9.2002).