The Hackney Carriage Act 1879

THE HACKNEY-CARRIAGE ACT, 1879.
(Act No. XIV of   1879.)

SECTIONS.   CONTENTS.

1.    Short title.
2.    Interpretation clause.
3.    Application  of Act  to  municipalities. Power   of committees   to   make   rules. Confirmation and   publication   of  rules. Power  of Commissioner  to   rescind  rules.
4.    Rep. by A.O., 1937.
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.

1879: Act XIV]                                Hackney-Carnage


WHEREAS it is expedient to provide for the and  control to  hackney carriages  in  certain cantonments;   It is hereby  enacted as follow:

Preamble.

1.         This  Act may be called the  Hackney-carriage ct, 1879:

Short title.

2.    *   *          *          *          *          *          *.
Nothing herein contained shall affect any power conferred by any law relating to municipalities, or any rule made in exercise any such power.

2.    In this Act

Interpretation clause.

"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.  3fThe Provincial Government concerned may, by notification m the official Gazette, apply this Act to any municipalities in the  Province:]

Power of committees to make rules.

When this Act has been so applied to any municipality ^ 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, m the manner in which, under the law for the time being m force ,t makes rules for bye-laws for he regulation and control of other matters within such limits.

1.  For Statement of Objects and Reasons, see Gazette of India 1879 Pt, V, p. 52; for Proceedings in Council, see ibid., Supplement, pp. 49, 78 and JJ41                                                                                                 v-P-52;   and   for

This Act has been applied to Phulera in the Excluded Area of Upper Tanwal to the extent applicable in the N.W.F.P. subject to certain modifications; and extend to the Excluded Area of Upper Tanawal (N.W.F.P) other than Phulera with effect from such date and subject to such modifications as may be notified- see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
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 Sch, 11.
3.      Subs by A, O, 1937, for original paragraph.
4.      Subs for the word the Punjab or the District of slyest  in the East Punjab by N.W.F.P A.L.O. 1975.

 

1879: Act XIV]                              Hackney-Carnage

Confirmation and publication of rules.

Every rule made under this section shall, when confirmed by the 1[Commissioner] and published for such time and in such manner as the 1[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 A. O., 1937.

Power to extend operation of rule beyond limits of municipality or cantonment.

5.    The authority making any rules under this Act may 2[with \ the  sanction  of the Corn missioner] extend their operation to any 1 railway-station,  or specified part of road not more than six miles from the local limits of the municipality     3*    * concerned:

4          *           *           *           *           *           *           *           *

What rule under section 3 may provided for.

6.    The rules to be made under section 3 5| *    *    *] 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,  arid fix the fees (if any)  to be paid there for;
(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 lights (if any) to be carried after sunset and before sunrise;

1.      Subs. 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 referring to the Revenue Commissioner; see the N.W.F.P. Law and Justice Regulation, 1901 (7 of 1901), s. 6 (1) (f).

2.      Ins. By the A. O, 1937.
3.      The words “or cantonment” rep. ibid.
4.      Proviso rep. ibid.
5.      The words and figure” or section 4” rep. ibid.

Hackney-Carnage                                                1879 : Act XIV            145

(V) 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;

(h)   determine the limes 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;

(j)    appoint places as stands for hackney-carriages, and pro­hibit   such carriages   waiting  for hire  except at  such places;

(f)   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 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 n ay 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 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.   Any person   breaking any rule made under this Act shall  be punished with fine which may extend to fifty rupees.

Penalty for breach of rules.

1879:           Act  XlV]                                                Hackney – Carriage

Disposal of fees and payment of expenses.

8.    The amount of any fees received and the amount of any expenses   incurred   in giving  effect  to this Act shall   '*    *    *be credited and debited respectively to the municipal fund 2    *    *    *

Power of Magistrate of decide disputes regarding fares.

9.    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 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 jurisdiction such dispute has arisen: arid such Magistrate or Bench may,   asides   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 recoverable 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 manner as differences of opinion arising between such members in the trial of criminal cases.

In case of dispute hirer may require driver to take him to Court.

10. 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 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 month, or with fine not exceeding fifty rupees, or with both.

1.    The words "in any municipality" rep. by A.O., 1937.

2.    The words "add in any cantonment where there is a ca imminent fund to such fund" rep,ibltf.
3.    As to recovery of fines, s." the General Clauses Act, 1897 (10 of IH97), section 25

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