SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
Present: 
Mr. Justice Gulzar Ahmed 
Mr. Justice Umar Ata Bandial 
 
 
Civil Petitions No.423-K & 472-K of 2015 
[On appeal against common Judgment dated 05.08.2015 
passed by the High Court of Sindh, Karachi, in 
Constitution Petitions No.D-4753 & D-4166 of 2013 etc] 
 
Association for the Welfare of Owner & Staff of Qingqi 
(Chingchi) Rickshaw, Sindh 
 
(in C.P.No.423-K) 
 
All Karachi Qingqi Rickshaw Welfare Association through 
its Finance Secretary, Karachi 
 
(in C.P.No.472-K) 
Petitioner(s) 
VERSUS 
Province of Sindh through Secretary Transport, 
Government of Sindh, Karachi & others. 
 
(in C.P.No.423-K) 
Ghulam Qadir Thebo and others. 
(in C.P.No.472-K) 
 
Respondent(s) 
 
 
For Petitioner(s) 
: 
Mr. Nasir Rizwan Khan, ASC 
Mrs. Abida Parveen Channer, ASC 
Dr. Raana Khan, AOR 
Mr. Abdul Saeed Khan Gohri, AOR (Absent). 
 
For Govt. of Sindh 
: 
Mr. Shehryar Qazi, Addl.A.G. 
Manshad Ali, Secretary RTA. 
Ijaz Ahmed Hashmi, S.P. Traffic, Karachi. 
Dara Ghani, Excise & Taxation Department. 
 
For Govt. of the Punjab 
: 
Mr. Razzaq A Mirza, Addl.A.G. 
Muhammad Iqbal, Secretary Provincial 
Transport Authority. 
 
For Govt. of Balochistan 
: 
Mr. Muhammad Ayaz Khan Swati, Addl.A.G. 
 
For Govt. of KPK 
: 
Mr. Abdul Lateef Yousafzai, A.G. 
Mazhar Sajjad, Addl. Secretary Transport. 
 
For Applicant(s) 
 
 
(in CMA.759-K/2015) 
: 
Mr. Muhammad Munsif Jan, ASC 
Mr. Mazhar Ali B. Chohan, AOR (Absent). 
 
(in CMAs.1799 & 
1800/2017) 
: 
Mr. Waqar A. Sheikh, ASC 
Mr. Imtiaz A. Shoukat, AOR (Absent). 
 
(in CMA.1805/2017) 
: 
Mr. Shahzada Mazhar, ASC 
Ch. Akhtar Ali, AOR. 
 
(in CMA.1007-K/2015) 
: 
Nemo. 
 
Date of Hearing 
: 
29.03.2017 
Civil Petitions No.423-K & 472-K Of 2015 
 
P a g e  | - 2 - 
 
 
O R D E R 
GULZAR AHMED, J.—  By these Civil Petitions for Leave to Appeal, 
the petitioners have challenged common judgment dated 05.08.2015 
passed by the learned High Court of Sindh at Karachi.  The operative 
part of which is as follows:- 
 
“Accordingly, 
the 
aforesaid 
petitions 
being 
C.P.Nos.D-
4166/2013, 4184/2013 and 4753/2013, filed on behalf of Qingqi 
Rickshaw Owners Welfare Association, are hereby dismissed 
along with the listed applications with cost of Rs.10,000/- 
(Rupees ten thousand) each to be deposited in the account of 
High Court Clinic.  Consequent to dismissal of above petitions, 
the petition being C.P.No.D-3974/2012 filed on behalf of United 
Human Rights Commission Pakistan is allowed, whereas official 
respondents i.e. respondents No.1 to 9 are directed to take 
immediate legal action against all such illegal Qingqi Motorcycle 
Rickshaws (three wheelers) which are plying on the roads with 
impunity and without any fitness certificate, route permit and 
registration certificate.  Such action may include issuance of 
challans, imposing fine and also impounding of such illegal 
vehicles in accordance with law, rules and regulations.  
Thereafter, compliance report shall be submitted to this Co0urt 
through MIT within two weeks from the date of this judgment.  
It is further directed that unless the petitioner(s) obtain the 
requisite fitness certificate, route permit and registration with 
the concerned authorities i.e. Transport Department and the 
Motor Vehicle Registration Wing, after complying with all the 
legal formalities, the respondents shall continue to take action 
against such delinquent vehicle owners in accordance with law 
and to submit further compliance report every month thereafter.  
However, it is clarified that such action shall be taken strictly in 
accordance with law, rules and regulations against such Qingqi 
Motorcycle Rickshaw (three wheelers) which do not comply with 
the Motor Registration Vehicle Ordinance, 1965, Motor Vehicle 
Rules, 1969 or any other law for the time being in force by any 
Federal or Provincial enactment relating to public vehicles”. 
 
Civil Petitions No.423-K & 472-K Of 2015 
 
P a g e  | - 3 - 
2. 
The matter has been coming up before this Court and from 
time to time the Court has been passing orders on the question of 
operation of Qingqi Rickshaws in the Province of Sindh and in 
particular at Karachi.  On 03.09.2015 this Court has passed the 
following order when the question of operation of Qingqi Rickshaws 
was extended to all four Provinces of the country : 
“The menace of plying of Qingqi Rickshaws, which are not 
specified, standardized and fit according to Motor Vehicle laws, 
rules and notifications, is not germane only to the Province of 
Sindh but to all Provinces of Pakistan.  The High Court of Sindh 
at Karachi by the impugned judgment dated 05.08.2015 has 
given directions to the Government for taking action against the 
illegal plying/operation of Qingqi Rickshaws.  The relevant 
portion of the impugned judgment is as follows:- 
 
 
“8. 
Accordingly, 
the 
aforesaid 
petitions 
being 
C.P.Nos.D-4166/2013, 4184/2013 and 4753/2013 filed on 
behalf of Qingqi Rickshaw Owners Welfare Association, 
are hereby dismissed along with listed applications with 
cost of Rs.10,000/- (Rupees ten thousand) each, to be 
deposited in the account of High Court Clinic.  Consequent 
to dismissal of above petitions, the petition being 
C.P.No.D-3974/2012 filed on behalf of United Human 
Rights Commission Pakistan is allowed.  Whereas the 
official respondents i.e. respondent No.1 to 9 are directed 
to take immediate legal action against all such illegal 
Qingqi Motorcycle Rickshaws (three wheelers), which are 
plying on the roads with impunity and without any fitness 
certificate, route permit and registration certificate.  Such 
action may include issuance of challans, imposing fine 
and also impounding of such illegal vehicles in accordance 
with law, rules and regulations.  Thereafter, compliance 
report shall be submitted to this Court through MIT within 
two weeks from the date of this judgment.  It is further 
directed that unless the petitioner(s) obtain the requisite 
fitness certificate, route permit and registration with the 
concerned authorities i.e. Transport Department and the 
Motor Vehicle Registration Wing, after complying with all 
Civil Petitions No.423-K & 472-K Of 2015 
 
P a g e  | - 4 - 
the legal formalities, the respondents shall continue to 
take action against such delinquent vehicle owners in 
accordance with law and to submit further compliance 
report every month thereafter.  However, it is clarified 
that such action shall be taken strictly in accordance with 
law, rules and regulations against such Qingqi Motorcycle 
Rickshaw (three wheelers) which do not comply with the 
Motor Vehicle Ordinance, 1965, Motor Vehicle Rules, 1969 
or any other law for the time being in force by any 
Federal or Provincial enactment relating to public 
vehicles. 
 
9. 
Let a copy of this Judgment be circulated to the 
Chief Secretary, Government of Sindh, Home Secretary, 
Government of Sindh, Secretary, Transport and Mass 
Transit 
Department, 
Government 
of 
Sindh, 
Commissioner/Administrator, Karachi, concerned DIG/SP 
(Traffic), who shall ensure that immediate legal action 
shall be taken against such illegal Qingqi Motorcycle 
Rickshaws which are plying on public roads and highways 
of Karachi and other big cities of province of Sindh, 
without 
any 
route 
permit, 
fitness 
certificate 
and 
registration, whereas, all possible assistance shall be 
provided by the law enforcing agencies, including 
Rangers, 
if 
so 
required 
by 
local 
or 
provincial 
administration in this regard.” 
 
Against the above judgment, these petitions have been filed in 
this Court, in which on 03.09.2015 the following order was 
passed :- 
 
“Reports have been filed by SSP Traffic District 
Malir, Karachi so also by the Secretary, Provincial 
Transport Authority, Sindh, Karachi.  It appears that a 
meeting between Representative of Qingqi Operator 
Association and Provincial Transport Authority has taken 
place for resolving the issue of plying of Qingqi 
Rickshaws. 
There seems to be some issues with regard to the 
structure of Qingqi Rickshaws and also its registration 
inasmuch as the Provincial Transport Authority’s point of 
view 
is 
that 
Qingqi 
Rickshaws 
should 
meet 
the 
requirement of rules, specification and should not be for 
Civil Petitions No.423-K & 472-K Of 2015 
 
P a g e  | - 5 - 
more passengers than 4+1.  They say that Qingqi 
Rickshaws carrying 9 or 12 passengers are not against 
the rules but they are dangerous vehicles and are cause 
of constant serious accident on the roads. 
National Sales Manager of M/s Saigols Qingqi Motor 
Ltd. is in attendance, who claims that his company is only 
authorized manufacturer of Qingqi Rickshaws in Pakistan 
and that Qingqi Rickshaw, being manufactured by his 
company, is according to rules, specification and also 
meets all necessary standard as provided by various 
Government Departments. 
In the circumstances we direct the Secretary, 
Transport, Government of Sindh to arrange a meeting 
with all stakeholders together including Authorized 
Representative of Qingqi Rickshaw Owners Association, 
Qingqi Rickshaw Manufacturing Company, AIG Traffic, 
Representative of Excise and Taxation Department, 
Representative from Pakistan Standard Quality Authority, 
Pakistan Engineering Council, Pakistan Engineering Board 
and Head of Department of Automotive Engineering of 
NED University, Karachi.  All these persons will undertake 
the exercise of resolving the controversy on the structure 
and capacity of Qingqi Rickshaws and also on their fitness 
and registration for plying on the roads.  The Secretary 
will ensure that issue is resolved as early as possible but 
positively within a period of two weeks and a report in 
this regard under his hand will be submitted to this Court 
for our examination in Chamber.  Adjourned.  To be fixed 
in the next session.” 
 
Pursuant to the above order, the Secretary to Government of 
Sindh, Transport Department, has filed a comprehensive report 
by way of CMA No.698-K of 2015.  In the face of above report of 
the Secretary, it is essential that each and every Qingqi 
Rickshaw operating not only in the Province of Sindh but all over 
Pakistan should be inspected and verified by the respective 
Transport Departments of all the Provinces in order to bring 
them in conformity with the standard and specification, as laid 
down by the law, rules and notifications and only after they are 
declared and certified in all respect to be fit according to the 
law, rules and notifications, they be registered and permitted to 
Civil Petitions No.423-K & 472-K Of 2015 
 
P a g e  | - 6 - 
ply and operate that too on the specified/notified routes.  All the 
Provincial Secretaries of Transport Departments shall ensure 
compliance of this order within a period of three months and a 
comprehensive compliance report, in this respect, shall be made 
available for our perusal in Chambers.  The owners of Qingqi 
Rickshaws and their operators should be informed of the 
exercise of inspection and such be communicated to them 
through all modes of publicity including the electronic and print 
media.  All those who are concerned with this exercise will 
provide full cooperation and assistance and the Government 
shall ensure that all Qingqi Rickshaws which are plying and 
operating on the roads have been declared and certified as 
specified, standardized and fit with registration and route permit 
and that the drivers of Qingqi Rickshaws are duly licensed.  A 
copy of this order be sent to the Advocate Generals of all 
Provinces as well as to all the Provincial Secretaries of Transport 
Departments, for making strict compliance.” 
 
3. 
Subsequent to this order reports have been filed by the 
Government of the Punjab, Government of KPK and Government of 
Balochistan.  Reports have already been filed and placed on record by 
the Government of Sindh.  On 12.04.2016 the learned DAG has 
pointed out that in the Islamabad Capital Territory Qingqi Rickshaws 
are not operating, therefore, he may be exempted from submission of 
the report.  Such statement of the learned DAG was taken on record.  
Today, this matter has extensively been argued before us.  The 
learned Additional Advocate General, Punjab, has contended that in 
Province of the Punjab, Government has taken action of stopping 
operation and plying of illegal Qingqi Rickshaws on the roads and that 
only such Qingqi Rickshaws are allowed to ply on roads of the Province 
which are approved ones and manufactured by the registered and 
authorized 
manufacturers 
according 
to 
approved 
standard, 
specifications and declared fit in accordance with law to ply on the 
roads and the Qingqi Rickshaws which are not so are being 
impounded.  He has further contended that Government of the Punjab 
has given its policy and has laid-down parameters for safety and 
security of the driver and passengers and that Qingqi Rickshaws are 
duly registered with the Excise & Taxation Department with proper 
fitness and roadworthy certificates and that their plying is restricted to 
Civil Petitions No.423-K & 472-K Of 2015 
 
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certain specified areas that too only with approved list of charges/fare 
from the passengers and additionally their drivers are armed with 
driving licence.  The learned Advocate General KPK so also the 
Additional 
Advocate 
General, 
Balochistan 
have 
made 
similar 
submissions as that of the learned Additional Advocate General, 
Punjab and it seems that all these three Provinces in the matter of 
plying of Qingqi Rickshaws are on the same page. 
4. 
As regards operation of Qingqi Rickshaws in the Province 
of Sindh including Karachi, it has been argued before us by the learned 
ASC for the petitioners and other Qingqi Rickshaw Operators that 
pursuant to the impugned judgment of the High Court and the orders 
passed by this Court, the petitioner and Qingqi Rickshaw Operators 
have conformed their Qingqi Rickshaws in accordance with the 
specifications and standards with all safety features, as laid down by 
the Government of Sindh, but the Government of Sindh is not allowing 
them to operate Qingqi Rickshaws although they have certification in 
this regard.  The learned Additional Advocate General, Sindh, however, 
disputed that the petitioner and other Qingqi Rickshaw owners have 
conformed their Qingqi Rickshaws according to the Government 
specifications, standards and with safety measures and stated that 
almost all of the Qingqi Rickshaws which are plying on the roads of 
Province of Sindh have been stopped were not made by registered and 
authorized Qingqi Rickshaw manufacturers but rather were those 
which have been made by roadside vendors on different types of 
motorcycles and some of such motorcycles are even those which were 
stolen.  He contended that conversion of motorcycles into Qingqi 
Rickshaws in the way the petitioner and other Qingqi Rickshaw owners 
have done is altogether illegal and is a great threat to the lives of not 
only the drivers and passengers of Qingqi Rickshaws but also to the 
pedestrians and others users of the roads.  He has contended that the 
Province of Sindh also desires and has no objection to plying of Qingqi 
Rickshaws in the specified areas with approved charges/ fare but such 
Qingqi Rickshaws have to be those which are manufactured by 
registered and authorized manufacturers and they are also registered 
with the Excise & Taxation Department and have fitness and road 
worthy certificates.  Thus, the position that emerges in the Province of 
Sindh including Karachi is that the Government of Sindh is wiling to 
allow operation of Qingqi Rickshaws but on satisfaction of the 
Civil Petitions No.423-K & 472-K Of 2015 
 
P a g e  | - 8 - 
conditions, as are argued by the learned Additional Advocate General.  
The petitioner and the other Qingqi Rickshaw owners present in Court, 
agree to make compliance of such conditions prescribed by the 
Government of Sindh.   
5. 
In this behalf the legal provision dealing with the operation 
of motor vehicles are contained in the West Pakistan Motor Vehicle 
Ordinance, 1965.  In 1975 this law was adopted by each of the 
Province of Balochistan, NWFP (now Khyber Pakhtunkhwa), Punjab and 
Sindh.  This law comprehensively deals with the matters of 
registration, granting of fitness, granting of route permit etc to motor 
vehicles.  In this regard Sections 23, 29 and 44 of the Ordinance are 
as follows:- 
“23. Motor vehicle not be driven without registration..  
(1) A person shall not drive a motor vehicle and the owner shall 
not cause a vehicle to be driven unless the vehicle is registered 
under this Chapter and the licence number plates are displayed 
on the motor vehicle in the prescribed manner and if the licence 
number plates have not been issued the registration mark is 
displayed on the motor vehicle in the prescribed manner. 
(2) Nothing in this section shall apply to a motor vehicle 
while being driven within the limits of jurisdiction of a 
registering authority to or from the appropriate place of 
registration for the purpose of being registered under 
section 24, 26 or 40 or to a motor vehicle exempted from 
the provisions of this Chapter while in the possession of a 
dealer in motor vehicles. 
 
29. Effectiveness of certificate of registration.. 
(1) Subject to the other provisions of this section, a motor 
vehicle registered by a competent authority in any part of 
Pakistan not included in the Province under the law relating to 
motor vehicle in force in such part, shall remain effective in the 
Province: 
(2) The registration certificate of the vehicles registered in any 
part of Pakistan other than the Province shall conform to and 
substantially contain the same particulars as in the Form G as 
set forth in the First Schedule. 
(3) If a registration certificate is issued by an authority specified 
in subsection (1) and it complies with the requirements of 
subsection (2), the certificate shall be effective throughout the 
Civil Petitions No.423-K & 472-K Of 2015 
 
P a g e  | - 9 - 
Province as if it is a certificate of registration issued under this 
Ordinance and the provisions of this Ordinance shall apply to 
such certificate. 
(4) Nothing in this section shall apply to a motor vehicle 
previously registered in the Province if the certificate of 
registration of the vehicle is, for the time being, suspended or 
cancelled for any reasons other than permanent removal of the 
vehicle from the Province;  and 
 
44. Transport vehicle not to be used or driven without 
permit.. 
(1) No owner of a transport vehicle shall use or permit the use 
of, and no driver of a transport vehicle shall drive or cause or 
permit to be driven, the vehicle in any public place, save in 
accordance with the conditions of a permit authorise the use or 
driving of the vehicle in such place granted or counter-signed by 
a Regional or Provincial Transport Authority: 
Provided that a stage-carriage permit shall, subject 
to any conditions that may be specified in the permit authorise 
the use of the vehicle as a contract carriage: 
Provided further that a stage-carriage permit may, 
subject to any conditions that may be specified in the permit, 
authorise the use of the vehicle as a goods vehicle either when 
carrying passengers or not: 
Provided also that a public carrier’s permits shall, 
subject to any conditions that may be specified in the permit 
authorities the holder to use the vehicle for the carriage of 
goods for or in connection with a trade or business carried on by 
him. 
(2) In determining, for the purposes of this Chapter, whether a 
transport vehicle is or is not used for the carriage of goods for 
hire or reward— 
(a) 
The delivery or collection by or on behalf of 
the owner of goods sold, used or let on hire or hire purchase in 
the course of any trade or business carried on by him other than 
the trade or business of providing transport, or 
(b) 
the delivery or collection by or on behalf of 
the owner of goods which have been or which are to be subject 
to a process or treatment in the course of a trade or business 
carried on by him, or 
Civil Petitions No.423-K & 472-K Of 2015 
 
P a g e  | - 10 - 
(c) 
the carriage of goods in a transport vehicle 
by a manufacturer of or agent or declare in such goods whilst 
the vehicle is being used for demonstration purposes, shall not 
be deemed to constitute a carrying of the goods for hire or 
rewards; but the carriage in a transport vehicle of goods by a 
person not being a dealer in such goods who has acquired 
temporary ownership of the goods for the purpose of 
transporting them to another place and there relinquishing 
ownership shall be deemed to constitute a carrying of the goods 
for hire or reward. 
(3) Sub-section (1) shall not apply:-- 
(a) 
to any transport vehicle owned by or on 
behalf of the Central or any Provincial government 
and used for public purposes unconnected with any 
commercial enterprise; 
(b) 
to any transport vehicle owned by a local 
authority or by a person acting under contract with 
a local authority and used solely for road cleaning, 
watering or conservancy purposes; 
(c) 
to any emergency vehicle; 
(d) 
to any transport vehicle used for any other 
public purpose prescribed in this behalf; 
(f) 
to any transport vehicle used for towing a 
disabled vehicle or for removing goods from a 
disabled vehicle to a place of safety; 
(g) 
to any school bus; or 
(h) 
to any trailer used for any purpose other 
than the carriage of goods for hire or reward when 
drawns by a motor vehicle constructed for the 
carriage of not more than six passengers excluding 
the driver. 
(4) Subject to the provisions of sub-section (3), sub-section (1) 
shall, if Government by rules made under section 69 so 
prescribes, apply to any motor vehicle adapted to carry more 
than nine passengers excluding the driver.” 
 
 
Rules 197 and 197-A of the Motor Vehicles Rules, 1969 are as 
follows:- 
197. Body Constructions.—(1) The body of every public 
service and goods vehicle including trailer shall be so 
Civil Petitions No.423-K & 472-K Of 2015 
 
P a g e  | - 11 - 
constructed and so fastened to the frame of the vehicle as to 
comply with such direction as may be issued by the Provincial 
Transport Authority from time to time.  
(2) No body shall be fastened to a public service or goods 
vehicle which has not been constructed by a person holding 
a motor vehicle body-builder’s licence from the Provincial 
Transport Authority in Form B.B.L. 
(3) Application for a motor vehicle body-builder’s licence shall 
be made in Form B.B.L.A and shall be addressed to the 
Provincial Transport Authority at its office. 
(4) On receipt of an application in Form B.B.L.A the Provincial 
Transport Authority, after such enquiry as it may in any 
case deem necessary, either reject the application or grant 
a licence in Form B.B.L on the conditions specified therein. 
(5) A licence granted under the preceding sub-rule may be 
cancelled by the Provincial Transport Authority at any time 
for any breach of its conditions. 
(6) The Provincial Transport Authority may, by an order in 
writing, authorise the Chairman of Provincial Transport 
Authority or the Chairman of any Regional Transport 
Authority to grant and renew the body-builder’s licence 
under this rule. 
 
197-A. Grant of manufacturing/assembling licence of 
motor cab rickshaw/motor cycle rickshaw.— 
(1) The Provincial Transport Authority may grant a licence for 
manufacturing or assembling of engine or chassis of the 
motor cab rickshaw/motor cycle rickshaw to the registered 
Firm or a Company having a sufficient space for the 
purpose under a specified registered trade mark. 
(2) The licence referred in the preceding sub-rule shall be 
subject to the conditions/standard specifications prescribed 
by the Provincial Transport Authority. 
(3) The Motor Vehicles Examiner shall be authorized to check 
and to issue a certificate regarding confirmation of 
standards specified by the Provincial Transport Authority. 
(4) The grant of licence for the assembling or manufacturing or 
engine or chassis of a motor cab rickshaw/motor cycle 
rickshaw may remain valid for one year subject to deposit 
of fee of Rs.20,000. 
Civil Petitions No.423-K & 472-K Of 2015 
 
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(5) The renewal fee of the above-referred licence for one year 
shall be Rs.15,000. 
 
6. 
Obviously, there are penalty provisions both in the 
Ordinance and the Rules.   Reading of the above provisions of the 
Ordinance and the Rules rests upon the Provincial Transport Authority 
mandatory duty to ensure that Qingqi Rickshaws in order they are 
allowed to ply on the roads comply with all the above conditions and 
further ensure that their driver is a duly licensed person and has 
posted on the Qingqi Rickshaws rate of charges/fare that will be 
charged from the passengers.  Rule 197, as noted above, specifically 
provides that a person who constructs the body of a public service 
vehicle shall be duly licensed one from the Provincial Transport 
Authority and Rule 197-A provides that the Provincial Transport 
Authority will grant licence for manufacturing or assembling of engine 
or chassis of the motor cab rickshaw/motor cycle rickshaw to the 
registered firm or company having sufficient space for the purpose 
under a specified registered trade mark.  At the same time, it is the 
bounden duty of the State to protect the life or liberty of its citizen as 
has been so provided in Article 9 of the Constitution of the Islamic 
Republic of Pakistan, 1973 that no person shall be deprived of life or 
liberty.  The State is required to ensure that none of its citizen through 
its act or neglect or in failing to comply the relevant laws jeopardize 
life or liberty of its citizen.  Thus, the State is required to ensure as its 
bounden duty that all public transport vehicles including Qingqi 
Rickshaws are those which are constructed and manufactured by duly 
authorized constructors and manufacturers according to the legally 
specified design, specifications and standards and further ensure that 
they are fit to ply on roads and are registered with the sanctioned 
route permit with specified route driven by duly licensed driver.  This is 
the most basic requirement of the law which has to be followed in all 
respects by the Provincial Transport Authorities and other Government 
functionaries dealing with plying of the Qingqi Rickshaws on the roads.   
7. 
After having heard the parties and examined the relevant 
provisions of the law and as agreed, we direct as follows : 
 
1. That all Provincial Transport Authorities of the four 
Provinces of country shall ensure plying of only those 
Civil Petitions No.423-K & 472-K Of 2015 
 
P a g e  | - 13 - 
Qingqi 
Rickshaws 
which 
are 
constructed 
and 
manufactured 
by 
duly 
registered 
and 
authorized 
constructors and manufacturers, according to the legally 
approved design, specifications and standards ensuring 
safety and convenience of not only the driver but also of 
its passengers; 
2. That all such Qingqi Rickshaws shall obtain certificate of 
fitness so also certificate of road worthiness from the 
concerned authorities which shall be displayed on each of 
the Qingqi Rickshaws prior to their plying on the roads; 
3. That all such Qingqi Rickshaws shall be duly registered 
with the relevant Excise & Taxation Department and their 
registration number shall be displaced on it; 
4. That the approved rate of charges/fare for specified 
routes shall be displayed on all such Qingqi Rickshaws, 
prior to their plying on such routes; and 
5. That the seating capacity of Qingqi Rickshaws, allowed to 
be plied on roads, shall not be more than four passengers 
excluding its driver; 
6. The Qingqi Rickshaw Drivers shall have valid driving 
licence while driving Qingqi Rickshaws; and 
7. All four Provinces of the country shall ensure that the 
above conditions are fulfilled in every respect and they 
continue to do so for permitting plying of Qingqi 
Rickshaws on the roads.  In case, any of the Qingqi 
Rickshaw is found to be plying on roads without fulfilling 
the above conditions, the official(s) of the relevant 
Department(s) shall be proceeded against not only 
departmentally but also on criminal side. 
 
8. 
On compliance of the above conditions/directions the 
Qingqi Rickshaws are allowed to be plied on the roads that too on 
specified routes.  These petitions, in the above terms, stand disposed 
of. 
 
 
Bench-V 
Islamabad 
29.03.2017 
APPROVED FOR REPORTING 
JUDGE 
*Hashmi* 
JUDGE