Hackney-carriage Act, 1879

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THE HACKNEY
-
CARRIAGE ACT, 1879
 
 
CONTNETS
 
1. 
 
Short title
 
2. 
 
Interpretation clause
 
3. 
 
Application of Act to municipalities
 
4. 
 
[
Repeal
]
 
5. 
 
Power to extend operation of rule beyond limits of municipality or cantonment
 
6. 
 
What rules under section 3 may provide for
 
7. 
 
Penalty for breach of rules
 
8. 
 
Disposal of fees and payment of expenses
 
9. 
 
Power of Magistrate to decide disputes regarding fares
 
10. 
 
In case of dispute, hirer may require driver to take him to Court
 
 
 
 
 

 
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TH
E HACKNEY
-
CARRIAGE ACT, 1879
 
l
ACT No. XIV OF 1879
 
[5th September, 1879]
 
An Act for the regulation and control of hackney
-
carriages in certain Municipalities and 
Cantonments.
 
Preamble. 
WHEREAS it is expedient to provide for the regulation and control of hackney
-
carriages in certain municipalities and cantonments; It is hereby enacted as follows:
-
 
 
1. Short title. 
This Act may be called the Hackney
-
carriage Act, 1879: 
 
2
* 
 
* 
 
*
 
 
* 
 
* 
 
*
 
 
*
 
 
 
Nothing herein contained shall affect any power conferred by any law relating to 
municipalities, or any rule made in exercise of any such power. 
 
2. Interpretation clause. 
In this Act
___
_
 
 
“hackney
-
carriage” means any wheeled vehicle drawn by animals and used for the conveyance 
of passengers which is kept, or offered, or plies for hire; and 
 
“committee” means a municipal committee, or a body of municipal commissioners, constituted 
under the 
provisions of any enactment for the time being in force. 
 
3. Application of Act to municipalities. 
3
[The Provincial Government concerned may, by 
notification in the official Gazette, apply this Act to any municipalities in the 
4
[
5
[the Punjab] or the 
Distri
ct of Sylhet in 
6
[East Pakistan]]. 
 
Power of committees to make rules. 
When this Act has been so applied to any municipality, 
the committee of such municipality may, from time to time, make rules for the regulation and control 
of hackney
-
carriages within t
he limits of such municipality, in the manner in which, under the law for 
the time being in force, it makes rules or bye
-
laws for the regulation and control of other matters within 
such limits. 
 
Confirmation and publication of rules. 
Every rule made under 
this section shall, when 
confirmed by the 
7
[Commissioner] and published for such time and in such manner as the 
7
[Commissioner] may, from time to time, prescribe, have the force of law: 
 
Power of Commissioner to rescind rules. 
Provided that the 
7
[Commissio
ner] may, at any 
time, rescind any such rule. 
 
1
For Statement of Objects and Reasons 
see 
Gazette of India, 1879, Pt. V, p.52 ; and for Proceedings in Council, 
see ibid., 
Supplement, pp.49, 78 and 
1141. 
 
This Act has been applied to Phulera in the Excluded 
Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain 
modifications ; and extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date a
nd subject to such 
modifications as m
ay be notified
-
 
see 
N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. 
 
This Act has been repealed to the extent of Islamabad Capital Territory, 
see 
Ordinance No. XXVII of 1981, s. 4 and 3rd Sch. 
 
2
The words “and it shall come into force at once” rep. by the Second Repealing and Amending Act, 1914 (17 of 1914), s. 3 and S
ch. ll. 
 
3
Subs. by A. O., 1937, for original paragraph. 
 
4
Subs. by A. O., 1949, Sch., for “United Provinces, the Punjab, the Centra
l Provinces, Assam, Ajmer, Merwara, or Coorg”. 
 
5
Subs. by the Federal Laws (Revision and Declaration) Act, 1951, (26 of 1951), section 8, for “West Punjab”. 
 
6
Subs. by A. O., 1961, Art. 2, for “East Bengal” (with effect from the 23rd March, 1956). 
 
7
Subs. 
by the Decentralization Act, 1914 (4 of l914), for “L. G.” In the N.W.F.P. all references to “Commissioner” are to be constru
ed as referring to the 
Revenue Commissioner; 
see 
the N.W.F.P. Law and Justice Regulation, 1901 (7 of 1901), s. 6 (1) (f). 
 
 
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4. 
[
Powe
r to make rules for cantonments.
] 
Rep. by A O., 
1937. 
 
5. Power to extend operation of rule beyond limits of municipality or cantonment. 
The 
authority making any rules under this Act may 
1
[with the sanction of the Commissioner] extend their 
operation to an
y railway
-
station, or specified part of a road, not more than six miles from the local 
limits of the municipality 
2
* * concerned: 
 
3
*
 
 
*
 
 
* 
 
* 
 
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6. What rules under section 3 may provide for. 
The rules to be made under section 3 
4
* * * 
may, among other matters,
–
 
 
(a) 
 
direct
 
that no hackney
-
carriage, or no hackney
-
carriage of a particular 
description, shall be let to hire, or taken to ply, 
or offered for hire, except under 
a license granted in that behalf; 
 
(b) 
 
direct that no person shall act as driver of a hackney
-
carriage 
except under a 
license granted in that behalf; 
 
(c) 
 
provide for the issue of the licenses referred to in clauses (a) and (b), prescribe 
the conditions (if any) on which such licenses shall be granted, and fix the fees 
(if any) to be paid therefor; 
 
(d) 
 
r
egulate the description of animals, harness and other things to be used with 
licensed carriages, and the condition in which such carriages, and the animals, 
harness and other things used therewith, shall be kept, and the lights (if any) to 
be carried after
 
sunset and before sunrise; 
 
(e) 
 
provide for the inspection of the premises on which any such carriages, animals, 
harness and other things are kept; 
 
(f) 
 
fix the time for which such licenses shall continue in force, and the events (if 
any) upon which wit
hin such time they shall be subject to revocation or 
suspension; 
 
(g) 
 
provide for the numbering of such carriages; 
 
(h) 
 
determine the times at which and the circumstances under which, any person 
keeping a hackney
-
carriage shall be bound to let or refuse 
to let such carriage 
to any person requiring the same; 
 
(i) 
 
appoint places as stands for hackney
-
carriages, and prohibit such carriages 
waiting for hire except at such places; 
 
(j) 
 
limit the rates or fares, as well for time as distance, which may be dema
n
ded for 
the hire of any hackney 
carriage; and prescribe the minimum speed at which 
such carriages when hired by time shall be driven; 
 
 
1
Ins. by A.O., 1937. 
 
2
The words “or cantonment” rep. 
ibid. 
 
3
Proviso rep. 
ibid. 
 
4
The words and figure “or section 4” rep. 
ibid. 
 
 
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(k) 
 
limit the number of persons, and the weight of property, which may be conveyed 
by any such carriage; 
 
(l) 
 
require the owner or person in charge of any such carriage to keep a printed list 
of fares, in E
nglish and such other language as may be prescribed, affixed inside 
such carriage in such place as may be determined by the rules, and prohibit the 
destruction or defacement of such list; 
 
(m) 
 
require
 
drivers to wear a numbered badge or ticket, and to produce their licenses 
when required by a Magistrate or other person authorized by the rules in this 
behalf,
 
and prohibit the transfer or lending of such licenses and badges; and 
 
(n) 
 
provide for the dep
osit of property found in such carriages, and the payment of 
a fee by the owner of such property on the delivery thereof to him. 
 
7. Penalty for breach of rules. 
Any person breaking any rule made under this Act shall be 
punished with fine which may extend 
to fifty rupees. 
 
8. Disposal of fees and payment of expenses. 
The amount of any fees received and the amount 
of any expenses incurred in giving effect to this Act shall 
1
* * * be credited and debited respectively 
to the municipal fund 
2
* * *
. 
 
9. Power of
 
Magistrate to decide disputes regarding fares. 
If any dispute arises between the 
hirer of any hackney
-
carriage and the owner or driver of such carriage as to the amount of the fare 
payable by such hirer under any rule made under this Act, such dispute sha
ll, upon application made 
in that behalf by either of the disputing parties, be heard and determined by any Magistrate or Bench 
of Magistrates within the local limits of whose jurisdiction such dispute has arisen; and such Magistrate 
or Bench may, besides 
determining the amount so in dispute, direct that either party shall pay to the 
other such sum as compensation for loss of time as such Magistrate or Bench thinks fit. 
 
Any sum determined to be due or directed to be paid under this section shall be recover
able as 
if it were a fine
3
. 
 
The decision of any Magistrate or Bench in any case under this section shall be final. 
 
When any such case is heard by a Bench, any difference of opinion arising between the members of 
such Bench shall be settled in the same ma
nner as differences of opinion arising between such members 
in the trial of criminal cases. 
 
10. In case of dispute, hirer may require driver to take him to Court. 
If, at the time any 
dispute mentioned in section 9 arises, any Magistrate or Bench of Magistrates having jurisdiction in 
respect of such dispute is sitting within the local limits to which the rules apply, the hirer of the carriage 
may require the driver t
hereof to take him in the same to the Court of such Magistrate or Bench for the 
purpose of making an application under that section. 
 
Any driver neglecting or refusing to comply with such requisition shall be punished with 
imprisonment for a term which may
 
extend to one month, or with fine not exceeding fifty rupees, or 
with both. 
 
Date; 16
-
09
-
2024
 
1
The words “in any municipality” rep. by A.O., 1937. 
 
2
The words “add in any cantonment where there is a cantonment fund to such fund” rep., 
ibid. 
 
3
As to 
recovery of fines, s
ee 
the General Clauses Act, 1891 (10 of 1897
), 
section 25.