To regulate the business of real estate agents and motor vehicle Dealers in the Khyber Pakhtunkhwa.
WHEREAS it is expedient to regulate the business of real estate agents and motor vehicle dealers in The Khyber Pakhtunkhwa in the manner hereinafter appearing.
AND WHEREAS the Governor of Khyber Pakhtunkhwa Province is satisfied that circumstances exits which render it necessary to take immediate action.
NOW, THEREFORE, in pursuance of the proclamation of the fifth day of July 1977, and in the exercise of all powers enabling him in that behalf the Governor of The Khyber Pakhtunkhwa is pleased to make and promulgate the following ordinance:
1. This Ordinance may be called the Khyber Pakhtunkhwa Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) Ordinance, 1983.
[Note: Khyber Pakhtunkhwa Ord. No.VIII of1983, shall apply to the Provincially Administered Tribal Areas of Dir, Chitral, Swat, Kalam and Malakand Protected Area.]
2. Definition In this Ordinance unless the context otherwise requires.
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.
(2) A person already carrying on the business of a real estate agent or motor vehicle 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 five hundred rupees, if the application is made within a period of six months, one thousand rupees if it is made within a period of one year from the date of the commencement of this Ordinance.
(4) Disqualification: 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(c) Is declared insolvent, 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:
(6) Renewal of Registration:
(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 Accounts etc:
(9) Cancellation and Suspension of Registration:
Provided that no such order shall be passed without giving the persons concerned an opportunity to show cause within fifteen days from the date of issue of show cause notice.
(10) Section 10:
(11) Section 11: Government may make rules for carrying into effect the purposes of power to make rules under this Ordinance.