THE NORTH-WEST FRONTIER PROVINCE HIGHWAYS (AMENDMENT) ORDINANCE, 1984. N.-W.F.P. ORDINANCE NO. X OF 1984. PESHAWAR. DATED THE 30TH AUGUST. 1984. AN ORDINANCE further to amend the West Pakistan Highways Ordinance, 1959.
Preamble
AND WHEREAS the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance;
Short title and commencement
(2) It shall come into force at once.
Amendment of long title , preamble and sections 1 and 2 of W.P Ord XXXII of 1959.
(iii) in section 2, clause (d) the following new clause shall be inserted, namely: "(dd) 'Schedule' means the Schedule appended to this Ordinance;".
Amendment of section 6 of W.P Ord XXXII of 1959.
4. In the said Ordinance, in section 7,—(a) in sub-section (4), for the words and comma "one thousand rupees," the words and commas "five thousand rupees, or in default of payment of fine, with imprisonment which may extend to six months, " shall be substituted; and
Amendment of section 7 of W.P Ord. XXXII of 1959.
(b) in sub-section (6), for the word "arbitration" the words "the District Magistrate whose decision there on shall be final" shall be substituted.
5. In the said Ordinance, in section 8,—(i) in sub-section (1), for clause (b) the following clause shall be substituted, namely: "(b) to erect or re-erect any building upon land within such distance from the middle of a highway as specified against each such highways in the Schedule."; (ii) in sub-section (2) clause (a) shall be deleted; and
(iii) after sub-section (2), as so amended, the following new subsection shall be added, namely: "(3) Government may, by notification in the official Gazette, add new highways to the Schedule or amend the Schedule in such manner as it may deem appropriate.".
6. In the said Ordinance, sections 9 and 10 shall be deleted.
Amendment of section. II of W.P Ord. XXXII of 1959.
7. In the said Ordinance, in section 11, for the words, comma and figures "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", the words and figure "within such distance from the middle of a highway to which restrictions have been applied by or under section 8" shall be substituted.
Amendment of section 16 of W.P Ord. XXXII of 1959.
8. In the said Ordinance, in section 16, in sub-section (1), for the words, commas and figures "specified in section 8, or for which the provisions contained in section 8 have been adopted under section 9", the words, comma and figure "specified under section 8," shall be substituted.
Amendment of section 17 of W.P Ord. XXXII of 1959.
9. In the said Ordinance, in section 17, in sub-section (1) the words and comma "to erect or re-erect any building ," shall be deleted.
Amendment of section 25 of W.P Ord. XXXII of 1959.
10. In the said Ordinance, in section 25,—
(i) the words and figure "or section 9" shall be omitted; and (ii) for the word "may" appearing between the word "Court" and the words "in addition" the word "shall" shall be substituted.
11. In the said Ordinance, in section 28, in sub-section (2), for the word "arbitration" the words "the District Magistrate whose decision thereon shall be final" shall be substituted.
Amendment of section 29 of W.P Ord. XXXII of 1959.
12. In the said Ordinance, in section 29, in sub-section (2), clause (a), shall be deleted.
SCHEDULE See section 8.
Name of Highway
Distance from centre of the Highway
1
2
3
A—Category I—Highways.
1.
Khairabad—Peshawar—Jamrud (N-5).
2.
Kara Kuram Highway (Jheri Kas—Bahsa) (N-35).
3.
D. I. Khan—Daraban—Zhob (D. I. Khan Zam Tower). (N-50).
4.
Peshawar—Kohat—Bannu—D.I.Khan (upto D. G. Khan Boundary).
67 Metre.
5.
Nowshera—Chakdara—Chitral.
6.
Peshawar—Charsadda—Mardan.
7.
Mardan By-Pass.
B—Category II—Highways.
D. I. Khan—Darya Khan (New Road),
D. I. Khan—Tank—Jandola (upto Khirgi).
Tajazai—Lakki—Deratang.
Bannu—Isha (upto Dreghundari).
Kohat—Khushalgarh.
50 Metre
Kohat—Thall.
Jatta—Shakardara
8.
Peshawar—Michni—Shabqadar.
9.
Charsadda—Nowshera.
B—Category II—Highways—(Concld).
50 Metre.
C—Category III—Highways. 1. Hathala—Kulachi—Daraban.
30 Metre.
C—Category III—Highways—(Contd). 9. Bannu—Jani Khel.
C—Category III—Highways—(Concld).
D—Category IV—Highways. All other highways in the North-West Frontier Province.
20 Metre.
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