HACKNEY-CARRIAGE ACT, 1879

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THE HACKNEY-CARRIAGE ACT, 1879 
(XIV of 1879) 
CONTENTS 
1. Short title 
2. Interpretation clause 
3. Application of Act to municipalities 
4. Power to make rules for cantonments 
5. Power to extend operation of rules 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 
TEXT 
THE HACKNEY-CARRIAGE ACT, 1879 
1
(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 pro vide 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 aff ect 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 w hich 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 
4
(
5
(in the Punjab) or the District of Sylhet in 
6
(East Pakistan)).  
 Power of committees to make rule .– When this Act has been so applied t o 
any municipality, the committee of such municipality may, from time to time, make 
rules for the regulation and control of hackney -carriages within the 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 
                                                 
1For 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. 
2The words ”and it shall come into force at once” rep. by the Second Repeating and Amending Act, 1914 (17 of 1914), S. 3 and 
Sch.II. 
3Subs. by A. O., 1937, for original paragraph.  
4Subs. by A. O., 1949,Sch., for ”United Provinces, the Punjab, the Central Provinces, Assam, Ajmer Merwara or Coorg ”. 
5Subs. by the Federal Laws (Revision and Declaration) Act, 1951, (26 of 1951), section 8, for “West Punjab”. 
6Subs by A.O., 1961, Art.2, for “East Bengal” (with effect from the 23rd March 1956). 
such manner as the Commissioner may, from time to time, prescribe, have the force 
of law:  
Power of Commissioner to rescind rules.– Provided that the Commissioner 
may, at any time, rescind any such rule.  
4.  Power to make rules for cantonments.– [Rep. by the A.O.1937.] 
5.  Power to extend operation of rules beyond limits of municipality or 
cantonment.– The authority making any rules under this Act may 
8
(with the sanction 
of the Commissioner) extend their operation to any railway station, or specified part 
of a road, not more than six miles from the local limits of the municipality 
9
* * 
concerned.   
10
[* * * * * * * * * * * *   ] 
Provision:  [Rep. by the A.O., 1937.] 
6. What rules under section 3 may provide for .– The rules to be made under 
section 3 
11
* * * 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 licensee 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) Regulate 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 light s (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 within such time they shall be subject to 
revocation or suspension; 
 (g) Provide for the numbering of such carriages;  
                                                                                                                                                        
7Subs.by the Decentralization Act, 1914(4 of 1914), for “L .G”. in the N.W.F.P. all references to “Commissioner” are to be 
construed as refereeing to the Revenue Commissioner; see the N.W.F.P. Law and Justice Regulation, 1901 (7 of 1901), s. 6(1) 
(f) 
8Ins,. By the A.O., 1937. 
9The words “or cantonment” rep. ibid. 
10Proviso rep. ibid. 
11The words and figure “or section 4”Rep. ibid. 
 (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 
demanded for the hire of any hackney -carriage; and prescribe the 
minimum speed at which such carriages when hired by time shall be 
driven;  
 (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 English and such other language as may be 
prescribed, affixed inside such carriage in such place as may be 
determined by the rules, and pro hibit 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 len ding of such 
licenses and badges; and  
 (n) Provided for the deposit 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 
12
*  
*  *be credited and debited respectively to the municipal fund 
13
*  *  *.  
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 p ayable by such hirer under any rule made 
under this Act, such dispute shall, 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 jurisdi ction 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 determi ned to be due or directed to be 
paid under this section shall be recoverable as if it were a fine
14
.  
 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 a rising 
                                                 
12The words ”in any municipality ” rep. by A.O., 1937. 
13The words “add in any cantonment were there is a cantonment fund to such fund” rep., ibid. 
14As to recovery of fines, see the General Clauses Act 1897 (10 of 1897). Section 25.  
between the members of such Bench shall be settled in the same manner 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 an y 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 thereof 
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 mo nth, or with fine 
not exceeding fifty rupees, or with both.