STAGE CARRIAGES ACT, 1861

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THE STAGE-CARRIAGES ACT, 1861 
(XVI of 1861) 
CONTENTS 
1. Definition of stage-carriage 
2. Carriages to be licensed 
3. Power to refuse license 
4. Charge for and duration of license 
5. Particulars to be painted on conspicuous part of carriage 
6. Penalty for letting carriage without having particulars painted 
7. Penalty for letting for hire unlicensed carriage 
8. Penalty for allowing carriage to be drawn by fewer animals or more 
passengers, etc, to be carried than provided by license 
9. Penalty for ill-treating animals 
10. Revocation of license 
11. Penalty for not conforming to provisions of section 
12. Penalty for misconduct on part of drivers 
13.  Penalty when recoverable from proprietor 14 Issue of summons 
14. Issue of summons 
15.  Adjudication of penalties 
16.  Recovery of penalties, etc 
17. Offender may be apprehended and detained in cus tody until return of 
warrant of distress 
18. Imprisonment of offender if distress not sufficient 
19. Omitted by the Central Laws (Adaptation) Order, 1961 
20.  Jurisdiction 
20A. Power to make rules 
21.  Interpretation-clause “Magistrate 
22. Extent of Act 
23. Power to Government to exempt 
 
TEXT 
THE STAGE-CARRIAGES ACT, 1861 
(XVI of 1861) 
[7th July, 1861] 
An 
Act 
for licensing and regulating Stage-Carriages 
Preamble.– WHEREAS it is expedient to license and to regulate stage -carriages in 
1
Pakistan; It is enacted as follows:- 
1. Definition of stage -carriage.– Every carriage drawn by one or more horses 
which shall ordinarily be used for the purpose of conveying passengers for hire to or 
from any place in Pakistan shall, without regard to the form or construction of such 
carriage, be deemed to be a stage-carriage within the meaning of this Act. 
2. Carriages to be licensed .– No carriage shall be used as a stage -carriage 
unless licensed by a Magistrate. 
3. Power to refuse license .– The Magistrate to whom the application for a 
license of stage -carriage is made may refuse to license the same if he shall be of 
opinion that such stage -carriage is unserviceable or is unsafe or unfit for public 
accommodation or use. 
If a Magistrate as aforesaid shall grant a license, the license shall set forth the 
number thereof, the name and residence of the proprietor of the stage -carriage, the 
place at which his head office is held, the largest number of passengers and t he 
greatest weight of luggage to be carried in or on such carriage, the number of horses 
by which such carriage is to be drawn, and the name of the place at which such 
carriage is licensed. 
4. Charge for and duration of license .– For every such license the re shall be 
paid by the proprietor of the stage -carriage the sum of five 
2
rupees or such less sum 
as the Provincial Government may fix, and such license shall be in force for one year 
from the date thereof. 
When a licensed stage -carriage is transferred to a new proprietor within the 
year, the name of such new proprietor shall, on application to that effect, be 
substituted in the license for the name of the former proprietor without any further 
payment for that year; and every person who appears by the licen se to be the 
proprietor shall be deemed to be such proprietor for all the purposes of this Act. 
                                                 
1Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “taka” were substituted, for the 
words “Pakistan”, “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the  Bangladesh Laws 
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973). 
2Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “taka” were substituted, for the 
words “Pakistan”, “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the  Bangladesh Laws 
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973). 
5. Particulars to be painted on conspicuous part of carriage.– On any stage-
carriage being licensed the proprietor thereof shall cause the number of the license  
and all the other particulars of the license to be distinctly paint in the  
3
[English] 
language and character upon a conspicuous part of such stage-carriage. 
6. Penalty for letting carriage without having particulars painted .– The 
proprietor of any license d stage -carriage who shall let such stage -carriage for hire 
without the particulars specified in section 3 being painted on such carriage in the 
manner directed in the last preceding section shall be liable to a fine not exceeding 
one hundred rupees. 
7. Penalty for letting for hire unlicensed carriage .– Whoever lets for hire any 
stage-carriage without the same being licensed as provided by this Act, shall be 
liable, on a first conviction, to a fine not exceeding one hundred rupees, and on any 
subsequent conviction, to a fine which may extend to five hundred rupees. 
8. Penalty for allowing carriage to be drawn by fewer animals or more 
passengers, etc, to be carried than provided by license .– Any proprietor, or 
agent of a proprietor, or any driver of a license d stage -carriage, who knowingly 
permits such carriage to be drawn by a less number of horses, or who knowingly 
permits a larger number of passengers, or a greater weight of luggage, to be carried 
by such stage-carriage than shall be provided by the license , shall be liable on a first 
conviction to a fine not exceeding one hundred rupees and on any subsequent 
conviction, to a fine which may extend to five hundred rupees. 
 In every case where such stage -carriage shall be proved to have been drawn 
by a less nu mber of horses, or to have carried a larger number of passengers or a 
greater weight of luggage, than shall be provided by the license, the proprietor of 
such carriage shall be held to have knowingly permitted such offence, unless he 
shall prove that the o ffence was not committed with his connivance, and that he had 
taken every reasonable precaution and had made reasonable provision to prevent 
the commission of the offence. 
9. Penalty for ill-treating animals.– Any person who shall cruelly beat, ill -treat, 
over-drive, abuse, torture or cause or procure to be cruelly beaten, ill -treated, over-
driven, abused or tortured, any horse employed in drawing or harnessed to any 
stage-carriage, or who shall harness to or drive in any stage -carriage any horse 
which from sickness, age, wounds or other cause is unfit to be driven in such stage -
carriage, shall for every such offence be liable to a fine not exceeding one hundred 
rupees. 
10. Revocation of license .– Any Magistrate within the local limits of whose 
jurisdiction any stage-carriage shall ply, or who has granted the license of any stage -
carriage may cancel the license of such stage -carriage if it shall appear to him that 
such stage -carriage or any horse or any harness used with such carriage is 
unserviceable or unsafe or otherwise unfit for public accommodation or use. 
11. Penalty for not conforming to provisions of section .– In any station or 
place in which a Magistrate shall reside and be, any police -officer may, in any place 
                                                 
3The word “Bengali” was substituted, for the word “English” by section 3 and 2nd Schedule of the  Bangladesh Laws (Revision 
And Declaration) Act, 1973 (Act No. VIII of 1973). 
within two miles of the office of such Magistrate, seize any stage -carriage with the 
horse harnessed thereto, if the full particulars of the license of such stage -carriage 
be not distinctly painted on such stage -carriage in the manner provided in section 5 
of this Act.  
 Such carriage with the horse harnessed thereto shall be taken without delay 
by such police -officer before such Magistrate, who shall forthwith proceed to hear 
and determine the complaint of such police -officer; and, if thereupon any fine is 
imposed by such Magistrate and such fi ne is paid, such stage - carriage and horse 
shall be immediately released; and if such fine be not paid, such stage -carriage and 
horse may be detained for twenty days as security for the payment thereof; and if the 
fine be not sooner paid, they may be sold and the proceeds applied (so far as they 
extend) to the payment of the said fine, and all costs and charges incurred on 
account of the detention and sale; and the surplus (if any),when claimed, shall be 
paid to the proprietor of such carriage and horse; an d if such surplus be not claimed 
within a further period of two months from such sale, the same shall be forfeited to 
the State. 
 If the proceeds of such sale do not fully pay the fine and costs and charges 
aforesaid, the balance may be recovered as hereinafter provided. 
12. Penalty for misconduct on part of drivers .– If any driver of any stage -
carriage, or any other person having the care thereof, shall, through intoxication, 
neglect or by wanton or furious driving or by any other misconduct, endanger the 
safety of any passenger or other person, or shall injure or endanger the property of 
the proprietor of such stage -carriage or of any other person, every such person so 
offending shall be liable to a fine not exceeding one hundred rupees. 
13. Penalty when r ecoverable from proprietor 14 Issue of summons .– 
Whenever the driver of any stage -carriage or the owner of any horse employed in 
drawing any stage-carriage shall have committed any offence against this Act for the 
commission where of any penalty is by this  Act imposed, other than an offence 
specified in section 8, and such driver or owner shall not be known, or being known 
can not be found, or if the penalty cannot be recovered from such driver or owner, 
the proprietor of such carriage shall be liable to ev ery such penalty as if he had been 
the driver of such carriage or owner of such horse at the time when such offence 
was committed:  
 Provided that if any such proprietor shall make out, to the satisfaction of the 
Magistrate before whom any complaint or inf ormation shall be heard, by sufficient 
evidence, that the offence was committed by such driver or owner without   the privity 
or knowledge of such proprietor, and that no profit,   advantage or benefit, either 
directly or indirectly, has accrued or can accru e to such proprietor therefrom, and 
that he has used his endeavour to find out such driver or owner, and has done all 
that was in his power to recover the amount of the penalty from him, the Magistrate 
may discharge the proprietor from such penalty, and sh all levy the same upon such 
driver or owner when found. 
14. Issue of summons.– Whenever any charge is made before any Magistrate of 
any offence under this Act on which it is necessary to issue a summons to the 
proprietor of a stage -carriage, the Magistrate  shall issue such summons directed to 
such proprietor or his nearest agent, and may transmit such summons by letter -post, 
which shall be deemed to be good service thereof. 
 The letter shall be registered at the post -office, and the cost of the registration 
shall be borne by the Government in the first instance, but may be charged as costs 
in the case.  
 The summons shall allow a reasonable time, in reference to the distance to 
which the summons is sent, for the appearance of such proprietor or his agent as 
aforesaid. 
15. Adjudication of penalties .– All penalties incurred under this Act shall be 
adjudged by a Magistrate as aforesaid, and all orders made under this Act by such 
Magistrate shall be final. 
16. Recovery of penalties, etc .– All penalties imposed un der this Act, or any 
balance of any fine, costs or charges as mentioned in section 11 of this Act, may in 
case of non -payment or non -recovery thereof be levied by distress and sale of the 
moveable property of the offender by warrant under the hand of the M agistrate who 
imposed the same. 
17. Offender may be apprehended and detained in custody until return of 
warrant of distress .– In case any such penalties shall not be forthwith paid, such 
Magistrate may order the offender to be apprehended and detained in s afe custody 
until the return can be conveniently made to such warrant of distress, unless the 
offender shall give security to the satisfaction of such Magistrate for his appearance 
at such place and time as shall be appointed for the return of the warrant of distress. 
18. Imprisonment of offender if distress not sufficient .– If upon the return of 
such warrant it shall appear that no sufficient distress can be had whereon to levy 
such penalty, and same shall not be forthwith paid, or in case it shall appear to the 
satisfaction of such Magistrate by the confession of the offender or otherwise that he 
has not sufficient goods and chattels whereupon such penalty could be levied if 
warrant of distress were issued, such Magistrate may, by warrant under his hand, 
commit the offender, to prison, there to be imprisoned, according to the discretion of 
such officer, for any term not exceeding two calendar months when the amount of 
penalty shall not exceed fifty rupees, and for any term not exceeding four calendar 
months when the amount shall not exceed one hundred rupees, and for any term not 
exceeding six calendar months in any other case, the commitment to be 
determinable in each of the cases aforesaid on payment of the amount. 
(Recovery of penalty and Cos t from Europe an British subjects). Omitted by A.O. 
1961 Art. 2 and sch. (with effect from the 23rd March, 1956).  
19.  [Omitted by the Central Laws (Adaptation) Order, 1961.] 
20. Jurisdiction.– On complaint made before any Magistrate of any offence 
committed under this  Act, it shall not be necessary to prove that the offence was 
committed within the local limits of such Magistrate or other officer. 
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20A. Power to make rules.– (1) The Provincial Government may, by notification in 
the official Gazette, make rules to carry  out the purposes and objects of this Act in 
the territories under its administration or any part of the said territories. 
(2) In particular and without prejudice to the generality of the foregoing 
power, such rules may–  
(a) prescribe forms for licenses u nder this Act, the sums payable for the 
same and the conditions on which they may be granted, and the cases 
in which they may be revoked; 
(b) provide for the inspection of stage -carriages, and of the animals 
employed in drawing them; and  
(c) regulate the number and length of the stages for which animals may be 
driven in stage -carriages and the manner in which they shall be 
harnessed and yoked. 
(3) In making any rule under this section, the Provincial Government may 
direct that a breach thereof shall be pun ishable with fine which may extend to one 
hundred rupees.] 
21. Interpretation-clause “Magistrate”.– The term "Magistrate" in this Act shall 
include all Magistrates and other persons exercising the powers of a Magistrate: 
 Act applicable to all animals used  for drawing carriages.  All expressions and 
provisions which in this Act are applied to horses shall also apply to all other animals 
employed in drawing any carriage ordinarily used for the purpose of conveying 
passengers for hire to or from any place in Pakistan. 
22. Extent of Act .– This Act, as amended by subsequent Acts, extends to the 
whole of Pakistan; but it shall not apply to carriages ordinarily plying for hire within 
the limits of any municipality or cantonment or other place in which any law for the 
regulation of carriages is for the time being in force. 
23. Power to Government to exempt.– The Government may, by notifications in 
the official Gazette, exempt any carriages or class of carriages from all or any of the 
provisions of this Act. 
                                                 
4Section 20A was inserted by the Bengal Public Gambling (Amendment) Act, 1913 (Act No. IV of 1913).