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  "title": "HACKNEY-CARRIAGE ACT, 1879",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/BjMBNlZgU2E-",
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  "text": "THE HACKNEY-CARRIAGE ACT, 1879 \r\n(XIV of 1879) \r\nCONTENTS \r\n1. Short title \r\n2. Interpretation clause \r\n3. Application of Act to municipalities \r\n4. Power to make rules for cantonments \r\n5. Power to extend operation of rules beyond limits of municipality or \r\ncantonment \r\n6. What rules under section 3 may provide for \r\n7. Penalty for breach of rules \r\n8. Disposal of fees and payment of expenses \r\n9. Power of Magistrate to decide disputes regarding fares \r\n10. In case of dispute, hirer may require driver to take him to Court \r\nTEXT \r\nTHE HACKNEY-CARRIAGE ACT, 1879 \r\n1\r\n(XIV of 1879) \r\n[5th September, 1879] \r\nAn \r\nAct \r\n for the regulation and control of hackney-carriages in certain Municipalities and \r\nCantonments. \r\nPreamble.– WHEREAS it is expedient to pro vide for the regulation and control of \r\nhackney-carriages in certain municipalities and cantonments; It is hereby enacted as \r\nfollows:–  \r\n1.  Short Title: This Act may be called the Hackney -Carriage Act, 1879.– \r\n2\r\n[* * \r\n* * *]. \r\nNothing herein contained shall aff ect any power conferred by any law relating \r\nto municipalities, or any rule made in exercise of any such power. \r\n2.  Interpretation clause .– In this Act \"hackney -carriage\" means any wheeled \r\nvehicle drawn by animals and used for the conveyance of passengers w hich is kept, \r\nor offered, or plies, for hire; and \"Committee\" means a municipal committee, or a \r\nbody of municipal commissioners, constituted under the provisions of any enactment \r\nfor the time being in force.  \r\n3.  Application of Act to municipalities .– .\r\n3\r\nThe Provincial Government \r\nconcerned may, by notification in the official Gazette, apply this Act to any \r\nmunicipalities \r\n4\r\n(\r\n5\r\n(in the Punjab) or the District of Sylhet in \r\n6\r\n(East Pakistan)).  \r\n Power of committees to make rule .– When this Act has been so applied t o \r\nany municipality, the committee of such municipality may, from time to time, make \r\nrules for the regulation and control of hackney -carriages within the limits of such \r\nmunicipality, in the manner in which, under the law for the time being in force, it \r\nmakes rules or bye -laws for the regulation and control of other matters within such \r\nlimits.  \r\n Confirmation and publication of rules .– Every rule made under this section \r\nshall, when confirmed by the \r\n7\r\n(Commissioner) and published for such time and in \r\n                                                 \r\n1For Statement of Objects and Reasons. see Gazette of India. 1879. Pt. V.p. 52 : and for Proceedings -in-Council, see ibid., \r\nSupplement, pp.49,78 and 1141. \r\n2The words ”and it shall come into force at once” rep. by the Second Repeating and Amending Act, 1914 (17 of 1914), S. 3 and \r\nSch.II. \r\n3Subs. by A. O., 1937, for original paragraph.  \r\n4Subs. by A. O., 1949,Sch., for ”United Provinces, the Punjab, the Central Provinces, Assam, Ajmer Merwara or Coorg ”. \r\n5Subs. by the Federal Laws (Revision and Declaration) Act, 1951, (26 of 1951), section 8, for “West Punjab”. \r\n6Subs by A.O., 1961, Art.2, for “East Bengal” (with effect from the 23rd March 1956). \r\nsuch manner as the Commissioner may, from time to time, prescribe, have the force \r\nof law:  \r\nPower of Commissioner to rescind rules.– Provided that the Commissioner \r\nmay, at any time, rescind any such rule.  \r\n4.  Power to make rules for cantonments.– [Rep. by the A.O.1937.] \r\n5.  Power to extend operation of rules beyond limits of municipality or \r\ncantonment.– The authority making any rules under this Act may \r\n8\r\n(with the sanction \r\nof the Commissioner) extend their operation to any railway station, or specified part \r\nof a road, not more than six miles from the local limits of the municipality \r\n9\r\n* * \r\nconcerned.   \r\n10\r\n[* * * * * * * * * * * *   ] \r\nProvision:  [Rep. by the A.O., 1937.] \r\n6. What rules under section 3 may provide for .– The rules to be made under \r\nsection 3 \r\n11\r\n* * * may, among other matters,-  \r\n (a) Direct that no hackney -carriage, or no hackney -carriage of a particular    \r\ndescription, shall be let to hire, or taken to ply, or offered for hire, \r\nexcept under a license granted in that behalf;  \r\n (b) Direct that no person shall act as  driver of a hackney -carriage except \r\nunder a license granted in that behalf;  \r\n (c) Provide for the issue of the licensee referred to in clauses (a) and (b), \r\nprescribe the conditions (if any) on which such licenses shall be \r\ngranted, and fix the fees (if any) to be paid therefor;  \r\n (d) Regulate the description of animals, harness and other things to be \r\nused with licensed carriages, and the condition in which such \r\ncarriages, and the animals, harness and other things used therewith, \r\nshall be kept, and the light s (if any) to be carried after sunset and \r\nbefore sunrise;  \r\n (e) Provide for the inspection of the premises on which any such carriages, \r\nanimals, harness and other things are kept;  \r\n (f) Fix the time for which such licenses shall continue in force, and the \r\nevents (if any) upon which within such time they shall be subject to \r\nrevocation or suspension; \r\n (g) Provide for the numbering of such carriages;  \r\n                                                                                                                                                        \r\n7Subs.by the Decentralization Act, 1914(4 of 1914), for “L .G”. in the N.W.F.P. all references to “Commissioner” are to be \r\nconstrued as refereeing to the Revenue Commissioner; see the N.W.F.P. Law and Justice Regulation, 1901 (7 of 1901), s. 6(1) \r\n(f) \r\n8Ins,. By the A.O., 1937. \r\n9The words “or cantonment” rep. ibid. \r\n10Proviso rep. ibid. \r\n11The words and figure “or section 4”Rep. ibid. \r\n (h) Determine the times at which, and the circumstances under which, any \r\nperson keeping a hackney-carriage shall be bound to let or refuse to let \r\nsuch carriage to any person requiring the same;  \r\n (i) Appoint places as stands for hackney -carriages, and prohibit such \r\ncarriages waiting for hire except at such places;  \r\n (j) Limit the rates or fares, as well for time as distance, which may be \r\ndemanded for the hire of any hackney -carriage; and prescribe the \r\nminimum speed at which such carriages when hired by time shall be \r\ndriven;  \r\n (k) Limit the number of persons, and the weight of property, which may be \r\nconveyed by any such carriage;  \r\n (l) Require the owner or person in charge of any such carriage to keep a \r\nprinted list of fares, in English and such other language as may be \r\nprescribed, affixed inside such carriage in such place as may be \r\ndetermined by the rules, and pro hibit the destruction or defacement of \r\nsuch list;  \r\n (m) Require drivers to wear a numbered badge or ticket, and to produce \r\ntheir licenses when required by a Magistrate or other person authorized \r\nby the rules in this behalf, and prohibit the transfer or len ding of such \r\nlicenses and badges; and  \r\n (n) Provided for the deposit of property found in such carriages, and the \r\npayment of a fee by the owner of such property on the delivery thereof \r\nto him.  \r\n7.  Penalty for breach of rules .– Any person breaking any rule made under this \r\nAct shall be punished with fine which may extend to fifty rupees.  \r\n8.  Disposal of fees and payment of expenses .– The amount of any fees \r\nreceived and the amount of any expenses incurred in giving effect to this Act shall \r\n12\r\n*  \r\n*  *be credited and debited respectively to the municipal fund \r\n13\r\n*  *  *.  \r\n9.  Power of Magistrate to decide disputes regarding fares .– If any dispute \r\narises between the hirer of any hackney -carriage and the owner or driver of such \r\ncarriage as to the amount of the fare p ayable by such hirer under any rule made \r\nunder this Act, such dispute shall, upon application made in that behalf by either of \r\nthe disputing parties, be heard and determined by any Magistrate or Bench of \r\nMagistrates within the local limits of whose jurisdi ction such dispute has arisen; and \r\nsuch Magistrate or Bench may, besides determining the amount so in dispute, direct \r\nthat either party shall pay to the other such sum as compensation for loss of time as \r\nsuch Magistrate or Bench thinks fit. Any sum determi ned to be due or directed to be \r\npaid under this section shall be recoverable as if it were a fine\r\n14\r\n.  \r\n The decision of any Magistrate or Bench in any case under this section shall \r\nbe final. When any such case is heard by a Bench, any difference of opinion a rising \r\n                                                 \r\n12The words ”in any municipality ” rep. by A.O., 1937. \r\n13The words “add in any cantonment were there is a cantonment fund to such fund” rep., ibid. \r\n14As to recovery of fines, see the General Clauses Act 1897 (10 of 1897). Section 25.  \r\nbetween the members of such Bench shall be settled in the same manner as \r\ndifferences of opinion arising between such members in the trial of criminal cases.  \r\n10.  In case of dispute, hirer may require driver to take him to Court .– If, at \r\nthe time an y dispute mentioned in section 9 arises, any Magistrate or Bench of \r\nMagistrates having jurisdiction in respect of such dispute is sitting within the local \r\nlimits to which the rules apply, the hirer of the carriage may require the driver thereof \r\nto take him in the same to the Court of such Magistrate or Bench for the purpose of \r\nmaking an application under that section.  \r\n Any driver neglecting or refusing to comply with such requisition shall be \r\npunished with imprisonment for a term which may extend to one mo nth, or with fine \r\nnot exceeding fifty rupees, or with both.",
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