Bombay Public Conveyances Act, 19201
| [Bombay Act No. 7 of 1920]2 | [17th June, 1920] |
| [Amended by Bom. 2 of 1924, Amended by Bom. 11 of 1924, Amended by Bom. 7 of 1928, Adapted and modified by the Adaptation of Indian Laws Order in Council, Amended by Bom. 18 of 1943;3, Amended by Bom. 17 of 1945;4, Amended by Bom. 18 of 1948, Amended by Bom. 37 of 1949, Adapted and modified by the Adaptation of Laws Order, 1950, Amended by Bom. 28 of 1950, Amended by Bom. 9 of 1951, Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956, Amended by Bom. 8 of 1958, Amended by Bom. 86 of 1958, Amended by Bom. 56 of 1959 and Amended by Mah. 13 of 1979 (1st April) 1979)5] | [17th June, 1920] |
| [Received the assent of the Governor General; assent first published in the Bombay Government Gazette, on the 17th day of June 1920] | [17th June, 1920] |
An Act to amend the Law relating to the regulation of public conveyances.
6[Whereas it is expedient to amend the law relating to the regulation of public conveyances; And Whereas it is expedient to provide for prohibiting the plying of certain classes of vehicles as public conveyances; It is hereby enacted as follows:-]
1 Sections 1, 36, 38 and 39 of this Act were extended to that part of the State of Bombay to which immediately before the commencement of this Act they did not extend (vide Bom. 86 of 1958, s. 2).
2 For Statement of Objects and Reasons, see Bombay Government Gazette, 1919, Part V, page 9, 5; for Report of Select Committee, see ibid., 1920, Part V, page 51; and for Proceedings in ??? see ibid, 1919, Part V, page 1092, ibid., 1920, page 265.
3 This Act was repealed and Section 2 thereof was re-enacted by Bom. 18 of 1948, s. 2.
4 This Act has been re-enacted and the amendments made by Section 9 and Sch. E of the said Act have been continued in force by Bom. 52 of 1947, s. 2.
5 This indicates the date of commencement of Act.
6 This preamble was substituted for the original by Bom. 18 of 1948, s. 6.
1. Short title and extent.- (1) This Act may be called the Bombay Public Conveyances Act, 1920.
(2) This section and sections 36, 38 and 39 extend to the 1[whole of the State of Bombay]. The rest of the Act extends, subject to the provisions of Section 36, only to the 2[Greater Bombay]:
3[Provided that on the commencement of the Bombay Public Conveyances (Unification and Amendment) Act, 1958 (Bom. LXXXVI of 1958), the rest of the Act shall come into force at once in those parts of the State of Bombay in which the Hackaey-carriage Act, 1879 (XIV of 1879), or the Hyderabad Public Conveyances Act, 1956 (Hyd. Act XXXIX of 1956), or the Bombay Public Conveyances Act, 1920 (Bom. VII of 1920), as adapted and applied to the Saurasitra area or the Bombay Public Conveyances Act, 1920 (Bom. VII of 1920), as extended to the Kutch area was in force immediately before such commencement.]
1 These words were substituted for the words "pre-Re-organisation State of Bombay, excluding the transferred territories" by Bom. 86 of 1958, s. 3(i)(a).
2 These words were substituted for the words "City of Bombay" by Bom. 17 of 1945, s. 9 and Sch. E, read with Bom. 52 of 1947, s. 2, proviso.
3 This proviso was added by Bom. 86 of 1958, s. 3(i)(b).
2. Definitions.- In this Act unless there is anything repugnant in the subject or context-
1[(a) "Commissioner of Police" means-
(i) the Commissioner of Police for Greater Bombay, and
(ii) where the rest of the Act or any portion thereof has seen extended to any other area, and a Commissioner of Police has been appointed for that area, the Commissioner of Police for that area;
and includes any person authorised by the Commissioner of Police concerned to exercise or perform any power or duty imposed or conferred on him by this Act;]
2[(b) "Public conveyance" means any wheeled vehicle, drawn or propelled on roads and used for the purposes of plying for hire for the conveyance of persons or goods but does not include a motor vehicle as defined in the Motor Vehicles Act, 1939 (IV of 1939), or a vehicle running upon fixed rails;]
3[(c) "licensirg year" means the year commencing on such date as the Commissioner of Police shall, subject to the conditions of previous publication, fix for the purpose of licences granted under this Act;]
(d) "driver" includes a conductor, attendant or other pes son in charge of a public conveyance;
(e) "licensee" means the holder of a licence granted under this Act for a public conveyance or a horse or a driver of a public conveyance.
1 Clause (a) was substituted for the original by Bom. 56 of 1959, s. 3, Sch.
2 This clause was substituted for the original by Bom. 8 of 1943, s. 2, read with Bom. 18 of 1948, s. 2.
3 Clause (c) was at substituted for the original by Bom. 7 of 1928, s. 2.
Licensing of Public Conveyances.
3. Public conveyances to be licensed.- (1) No person shall keep or let for hire any public conveyance without a licence granted by the Commissioner of Police in this behalf.
(2) On every public conveyance-
(a) the number of the conveyance as entered in the licence granted for the same, and
(b) where the conveyance is licensed to carry passengers, the number of passengers which it is licensed to carry,
shall be clearly inscribed in such manner as the Commissioner of Police may direct.
4. Licences for public conveyances.- (1) Such licences shall remain in force for the licensing year, unless sooner determined under the provisions of this Act, and snail be renewable,
(2) Such licences shall contain the following and such other particulars and conditions as the Commissioner of Police may prescribe:-
(a) the full name and address of the licensee;
(b) the date on which the licence was granted and the date on which it will expire by efflux of time;
(c) the local area for which the licence is granted;
(d) the number and class of the conveyance;
(e) the number of horses or other animals (if any) by which it is to be drawn;
(f) the number of passengers (if any) which it may carry.
(3) Such licences shall not be transferred by the licensee to any other person without the sanction of the Commissioner of Police and if transferred without such sanction shall thereupon become void. Such sanction when granted shall be endorsed on the licence.
1[(4) No such licences shall be granted or renewed unless it is shown to the satisfaction of the Commissioner of Police that the applicant has paid the vehicle tax due in respect of the public conveyance to a local authority constituted under any law for the time being in force.]
1 This sub-section was added by Bom. 86 of 1958, s. 3(ii).
5. Grounds on which licence may be refused or cancelled.- 1[(1A) The Commissioner of Police may refuse to grant licences for any class of vehicles if, in his opinion, it is undesirable that such vehicles should be used as public conveyances. The Commissioner of Police may, on the same ground, refuse to renew, and may, at any time, cancel the licences already granted for such vehicles. On such cancellation the licensee shall be granted-out of the fees paid by him for the licence a refund of a sum equal to the amount of fees payable for the unexpired portion of the licence calculated in proportion to the amount paid for the full period of the licence.]
(1) The Commissioner of Police may refuse to grant a licence for a public conveyance if in his opinion the conveyance is insufficiently found or is otherwise unfit for the purpose for which it is intended.
(2) The Commissioner of Police may refuse to renew, and may at any time suspend or cancel, a licence for a public conveyance on either of the foregoing grounds or if in his opinion-
(i) the licensee has committed a breach of airy provision of this Act, of a rule made under this Act or of a condition of the licence, or
(ii) a conveyance licensed for carrying goods has been used for carrying passengers.
(3) When refusing to renew, or suspending or cancelling, a licence for a public conveyance, the Commissioner of Police may erase the inscription made thereon in accordance with this Act.
1 This sub-section was inserted by Bom. 18 of 1948, s. 4.
1[5-A. Special licensing provisions in respect of cycle-rickshaws, in certain areas.- (1) Notwithstanding anything contained in sections 3, 4, 5 and 36, in the City of Nagpur as constituted under the City of Nagpur Corporation Act, 1948, and in such other areas as may be notified in this behalf by the Commissioner from time to time under Section 36, being areas where sections 3, 4 and 5 extend or have been extended under Section 36, no lice ice for keeping or letting for hire any cycle-rickshaw shall, after the commencement of the Bombay Public Conveyances (Amendment) Act, 1979, be granted or renewed by the Commissioner of Police, unless the applicant-
(a) is himself the puller of the cycle-rickshaw;
(b) is either this sole owner thereof and if not the sole owner, owns the same jointly with not more than three other pullers; and
(c) has, in the opinion of the Commissioner of Police, no income sufficient for his maintenance, other than what may be derived from driving such cycle-rickshaw:
Provided that, any licence in respect of a cycle-rickshaw, which is valid immediately before such commencement, may be renewed by the Commissioner of Police in favour of a person who is not a puller, or in favour of such person jointly with another person who is a puller, far a period not exceeding six months at a time, but in any case, not exceeding two years in the aggregate:
Provided further that, nothing in this section shall apply to any case where the applicant is a minor or widow or a person subject to any physical or mental disability and the applicant, in the opinion of the Commissioner of Police, has no income sufficient for his maintenance other than what may be derived by hiring of such cycle-rickshaw.
Explanation.-For the purpose of this section,-
(a) "cycle-rickshaw" means a pedal driven cycle-rickshaw, but does not include any cycle-rickshaw which is fitted with an engine,
(b) "puller" means a person who by himself drives a cycle-rickshaw and holds a licence granted for the purpose under Section 11.
(2) The State Government may on an application by any person aggrieved by an order passed by the Commissioner of Police refusing to grant or renew a licence in his favour, made to it within sixty days from the date of receipt of such order, or at any time suo motu, call for and examine the records of the case for the purpose of satisfying itself as to the legality or propriety of any order passed by the Commissioner of Police under this section, aid, after giving a reasonable opportunity of being heard to the person concerned L pass such order in reference thereto as it thinks lit.]
1 Section 5A was inserted by Mah. 13 of 1979, s. 2.
6. Number, etc., to be inscribed on conveyance.- (1) When granting or renewing a licence for a public conveyance, and at other time when necessary, the Commissioner of Police shall cause the particulars required by clauses (a) and (b) of subjection (2) of Section 3 to be painted or otherwise clearly inscribed upon the conveyance.
(2) No fee shall be charged for any inscription made under the foregoing sub-section when it is made at the time when the licence is granted or at the annual renewal of the licence, but when such inscription is made at any other time 1[the licensee shall pay such sum towards the cost of such inscription as the Commissioner of Police shall by rules direct.]
1 Those words was substituted for the words "a fee at one-half of the rate chargeable for fee groat of a licence for a public conveyance under Section 7, sub-section (1), shall be charged" by Bom. 7 of 1928 s. 3.
7. Fees for public conveyance licences.- (1) For the grant of a licence for a public coveyance a fee shall be charged at such rate as the Commissioner of Police shall prescribe.
(2) For the renewal of such licence a fee at one-half of the rate chargeable under the foregoing sub-section shall be charged.
Licensing of horses
8. Licensing of horses.- (1) No horse shall be used for drawing a public conveyance except under a licence granted by the Commissioner of Police in respect of such horse.
(2) Such licences shall remain in force for the licensing year unless sooner determined under this Act, and shall be renewable.
(3) Such licences shall contain the following and such other particulars and conditions as the Commissioner of Police may prescribe:
(a) the full name and address of the licensee;
(b) the date on which the licence was granted and the date on which it will expire by efflux of time;
(c) the local area for which the licence is granted;
(d) a description of the horse for which the licence granted and the marks of identification of the same;
(e) the class of conveyance to draw which the horse may be used.
(4) Such licences may not be transferred by the license person without the sanction of the Commissioner of Police and it transferred without such sanction shall thereupon become void. Such sanction shall be endorsed on the licence.
1[(5) Such licences shall if so directed by the Commissioner of Police be carried in the public conveyance for drawing which the horse is being used and shall be produced for inspection wherever required by any police officer.]
1 This sub-section (5) was added ibid, s. 4.
9. Branding of horses.- When granting a licence for a horse the Commissioner of Police 1[may, if he thinks it necessary] brand such horse on the hoof in such manner that it may be easily identified.
1 These words were substituted for the word "shall", ibid, s. 5.
10. Grounds on which licence for horse may be refused or cancelled and examination by a veterinary practitioner.- (1) The Commissioner of Police may refuse to grant to renew, and may at any time suspend, a licence for a horse if in his opinion such horse is in any way unfit for use in a public conveyance.
(2) In case of such refusal or suspension the owner of the horse or licensee, as the case may be, may require that such horse be examined by a veterinary practitioner of the Government or of a local authority, and, if in the opinion of such practitioner the horse is fit for use in a public conveyance, the Commissioner of Police shall grant or renew the licence or cancel the order of suspension.
Licensing of Drivers
11. Drivers to be licensed.- (1) No person shall act as driver of a public conveyance without a licence granted by the Commissioner of Police in this behalf.
(2) Such licences shall remain in force for the licensing war unless sooner determined under this Act, and shall be renewable.
(3) Such licences shall contain the following and such other particulars and conditions as the Commissioner of Police may prescribe:
(a) the fall same and address of the licensee;
(b) the date on which the licence was granted and the date on which it will expire by efflux of time;
(c) the local area for which the licence is granted;
(d) the class of public conveyance which the licensee is licensed to drive.
12. Grounds on which driver's licence may be refused or cancelled.- (1) The Commissioner of Police may refuse to grant a licence to a driver if in his opinion such driver 1[is not competent and careful or] is unfit on account of youth infirmity, bad character or any other reason to pursue the occupation of driver of a public conveyance.
(2) The Commissioner of Police may refuse to renew, and may it any time suspend or cancel, a driver's licence on the foregoing grounds or if the holder has committed a breach of any provision of this Act or of a rule made under this Act or of a condition of the licence.
1 This words were inserted by Bom. 2 of 1924, s. 2.
13. Drivers' badges.- (1) Whet granting a licence to a driver the Commissioner of Police shall provide him with a metal badge bearing the number of the licence.
(2) Every driver who has received such badge shall wear the same on a conspicuous part of his dress at all times when pursuing the occupation as driver.
(3) No driver who has received such badge shall permit any other person to wear the same; provided that any person, other than the driver to whom a badge has been given by the Commissioner of Police, who shall wear such badge shall be presumed, until the contrary is proved, to wear it with such driver's permission.
14. Fees for drivers' licences.- (1) For the grant of a licence to a driver a he shall be charged at such rate as the Commissioner of Police shall prescribe.
(2) For the renewal of such licence a fee at one-half of the rate chargeable under the forgoing sub-section shall be charged.
Provisions relating to licenses
15. Licences when suspended or cancelled to be returned.- Every licenses which has been Suspended or cancelled shall be returned by the licensee to the Commissioner of Police within twenty-four hours after the suspension or cancellation thereof.
16. Change of address of licensee to be reported.- Whenever a licensee shall change his residence he shall within; one week thereafter give notice thereof in writing signed by himself to the Commissioner of Police.
1[16-A. Licensee to report name of person left in charge of conveyance during his absence.- Whenever the licensee of a public conveyance shall be absent from the 2[Greater Bombay] for a period exceeding fifteen days he shall, if the public conveyance is used for the purpose of plying for hire, give, previous to his ??? notice thereof in writing signed by himself to the Commissioner of public. Such notice shall state the name of the person left in charge of the public conveyance. Such person shall, until the return of the licence, perform all the duties of a ??? of a public conveyance and be liable to all the penalties to which such ??? liable under this Act.]
1 Section 16A was inserted by Bom. 7 of 1928, s. 8.
2 These words were substituted for the original by Bom. 17 of 1945, s. 9, and Sch. E, read with Bom. 52 of 1947, s. 2, proviso.
17. Public conveyance or horse to be produced for inspection when required.- Every licensee of a public conveyance or how or horse for inspection whenever the Commissioner of public shall require him do so.
Fares and stands
18. Rates of fares.- The Commissioner of Police shall, subject to the conditions of ??? publication and the previous sanction of the 1[2[State Government], fix the legal rates of fares for public conveyances.
1 The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Law Order Council.
2 This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
19. Stands.- The Commissioner of Police shall appoint stands or places at which ??? public conveyances may stand to ply for hire 1[and may, at any time, abolish any such stand or place.]
1 These words were added by Bom. 7 of 1928, s. 7.
20. Driver to have his licence as driver and list of fares.- (1) Every driver of a public conveyance shall have with him when ??? his occupation as driver the licence granted to him under Section 11 of this Act and a clean and legible list, in English and such vernacular language or languages as the Commissioner of Police may direct, bearing the name in full of the licensee of the conveyance and showing the rates of fares fixed for the time being for the hire of the conveyance, with an abstract of the law relating to public conveyancer.
(2) Every such driver shall on demand by a police officer produce for inspection, such licence and list.
(3) Every such driver shall on demand produce such fist for the information of any hirer of, or passenger travelling in, the conveyance.
21. Book of fares to be issued.- Lists of the fares fixed for public conveyancer, as for the time being in force, together with the abstract referred to in the preceding section, shall be prepared by the Commissioner of Police and sold to the public at a reasonable pries.
Offences and punishments
22. Keeping public conveyance without licence.- 1[(1) Any person who shall-
(a) keep or left for hire any public conveyance without a licence granted by the Commissioner of Police in this behalf and for the time being in force, or
(b) 2* * * keep or left for hire any public conveyance on who the number and other particulars required by Section 3 are not clearly inscribed in such manner as the Commissioner of Police directs,
shall be punishable with fine which may extend to one hundred rupees.
3[(2) any person commits an offence under clause (a) of sub-section (1) any Court trying such offence may direct that the conveyance in respect of which the Court is satisfied that the offence has been has been committed shall be forfeited to 4[Government]].
1 Section 22 was ??? sub-section (1) by Bom. 37 of ???
2 ???
3 ???
4 This word was Substituted for the word "His Majesty" by the Adaptation of Laws Order, 1950.
23. Failure to cause public conveyance to ply when so required by the police.- Any licensee of a public conveyance who shall without sufficient reason fail to cause such conveyance to ply for hire when required to do so by a police officer and any driver of a public conveyance who shall without sufficient reason fail duly to pursue his occupation when required to do so by a police officer, shall be punishable with fine which may extend to fifty rupees.
24. Licensee of public conveyance permitting unlicensed driver to use the same or permitting the same to be drawn by unlicensed horse.- Any licensee of a public conveyance who shall, when the same is used for the purpose of a which conveyance permit any person to act as driver thereof other than driver duly licensed under this Act, or who shall, when such conveyance is used for the purpose aforesaid, permit the same to be drawn by a horse other than a horse for which a licence is in force under this Act, shall be punishable with fine which may extend to fifty rupees.
25. Failure to produce public conveyance or horse for ???.- Whoever, being the licensee of a public conveyance or horse, shall fail to produce such conveyance or horse for inspection when required to do so by the Commissioner of Police shall be punishable with fine which may extend to twenty rupees.
26. Offences by drivers of public conveyances.- (1) Whoever shall act as driver of a public conveyance without a driver's licence granted by the Commissioner of Police in this behalf and for the time being in force, or 1[without a badge, if he has received a judge from the Commissioner of Police, or, when acting as such driver, shall fail to wear a badge so received] on a conspicuous part of his dress; and
(2) Whoever, being the driver of a public conveyance, shall-
(a) permit any other person to use his licence or badge;
(b) permit store passengers to be carried in a public conveyance than it is licensed to carry;
(c) conceal of permit to be concealed from public view the Ascription made on a public conveyance in accordance with this Act or prevent or attempt to prevent any pes son taking note of such inscription;
(d) permit any person to be carried, without the express consent of the hirer, in a public conveyance the whole of which has been hired by any person;
(e) fail to produce, on demand by a police officer, the licence, 2[if any], granted to him under 3[Section 8 or Section 11] or a list of the legal rates of fares as required by this Act;
(f) fail to produce, on demand by a hirer of, or passenger travelling in, a public conveyance a list of the legal rates of fares for such conveyance as required by this Act;
(g) refuse or neglect to give way, if he canveniently can, to any private conveyance, or obstruct or hinder the driver of any other public conveyance in taking up or setting down any person into or from such other public conveyance;
(h) be intoxicated at any time while pursuing his occupation as driver;
(i) make use insulting or abusive language or gesture;
(j) refuse to obey the reasonable orders, of any person hiring a public conveyance of which he is in charge;
(k) when acting as driver, permit the inside of a public conveyance of which he is in charge to be dirty; or
(l) when in charge of a public conveyance other than a cart used for conveyance of goods,-
(i) demand prepayment of his fare, or
(ii) refuse without reasonable cause to carry any person desiring to hire the conveyance, or
(iii) refuse or delay to proceed with reasonable expedition, or
(iv) demand for the hire of the conveyance more than the legal fare, or
(v) stand to ply for hire at any place other than a stand or place appointed under this Act or loiter for the purpose of being hired in or upon any public street, road or place,
shall be punishable with fine which may extend to fifty rupees.
1 These words were substituted for the word "without" a badge granted to him by the Commissioner of Police or when acting as such driver shall fail to wear such badge" by a Bom. 7 of 1928, s. 8(a).
2 This words "if any" were ??? ibid, s. 8(b).
3 This word ???.
27. Failure to return licence or to notify address.- Any licensee-
(a) who shall fail to return a licence which has been suspended or cancelled to the Commissioner of Police within twenty-four hours after the suspension or cancellation thereof, or
(b) who, after changing his residence, shall fail to give notice thereof in writing signed by himself to the Commissioner of Police within one week after such change he taken place, or
1[(bb) who, before leaving the 2[Greater Bombay] for a period exceeding fifteen days shall fail to give notice thereof in writing signed by himself to the Commissioner of Police, or]
(c) who shall contravene any condition of his licence,
shall be punishable with fine which may extend to twenty rupees.
1 Clauses (bb) was inverted by Bom. 7 of 1928, s. 9.
2 Those words were substituted for the original by Bom. 17 of 1945, s. 9 and ??? E, with Bom. 52 of 1947, s. 2, proviso.
28. Injury to public conveyance.- Any person using a public conveyance who shall wilfully or negligently injure the same shall be punishable with fine which may extend to twenty rupees, and shall also pay the owner of each conveyance such compensation as the Magistrate may direct, and such compensation shall be leviable as a fine.
29. Compensation payable by driver causing damage.- The driver of any public conveyance who shall by negligence or misconduct, cause any hurt or damage shall, in addition to any punishment to which he may be liable by law, pay the complainant such reasonable compensation as the Magistrate may direct, and such compensation shall be leviable as a fine.
Procedure
30. Arrest by police.- Any police officer may arrest without warrant any person who has committed any offence under this Act, and may seise and detain any conveyance or horse in relation to which such offence has been committed.
31. Procedure in case of dispute.- (1) In case of any dispute between the hirer and driver of a public conveyance, either party may require the other to proceed forthwith to the nearest Magistrate's Court, where the dispute shall be determined in a summary manner by the Magistrate then sitting.
(2) If no Magistrate is then sitting either party may require the other to proceed to the 1[officer in charge of the nearest police station] who shall, if necessary, arrange for the hearing of the case at the next sitting of the Court.
(3) On failure of either party to appear before the Magistrate in ??? of a requisition under sub-section (1) or sub-section (2), or to attend to Court at any subsequent sitting be which the case may be adjourned, the Magistrate may decide the case ex parte an 1 his decision shall be both parties.
(4) Provided that, if the hirer is about to leave the 2[Greater Bombay] a police officer to whom reference has been made under sub-section (2) may, after hearing both parties, require the hirer to deposit such sum, it any, as appears to be due by him, and, if any compensation appears to be due under Section 28, an additional sum often rupees and the hirer shall not be required to attend the Magistrate's Court. The police officer shall report the dispute to the Magistrate and the Magistrate may award the driver such sum, if any, not being in excess of the amount deposited by the hirer, as he considers just, and if any offence a pears to have been committed, shall inquire into the same according to law. In either case where any surplus remains of the dey made by the hirer, the Magistrate shall give notice hereof to the hirer and return it to him on demand.
(5) Where the Magistrate is satisfied that one party had no reasonable ground, or requiring the other party to proceed to his Court or to the nearest police officer, he may direct the former party to pay to the latter such compensation not exceeding fifty rupees as he thinks fit, and such compensation shall be leviable as a fine.
1 Those words were substituted for the word ??? police officer of rank not below that of ??? by Bom. 7 of 1928, s. 10.
2 These words were substituted for the original by Bom. 17 of 1945, s. 9 and ??? read with Bom. 52 of 1947, s. 5, Provide.
32. Licensee may be required to produce driver; penalty.- (1) When a complaint is made before a Magistrate against a diver of a public conveyance under his Act, the Magistrate may, if the driver fails to appear, summon the licensee of such conveyance, to appear and produce the driver.
(2) If the license after being duly summoned fail without reasonable excuse to appear or to produce the driver he shall be punishable with fine not exceeding fifty rupees.
33. Refusal to pay fare.- If any perse who has hired a public conveyance refuses to pay the legal fare thereof, the Magistrate may order payment of such fare and also of reasonable compensation for lops of time; such fare and compensation shall be leviable as a fine.
Miscellaneous
34. Disposal of property penalty.- (1) All property left in any public conveyance shall be forthwith deposited by the licensee or driver of such conveyance at the rarest police station.
(2) The Commissioner of Police shall cause such property to be returned to such person as shall prove to his satisfaction that he substituted to the same, on payment by such person of all expenses reasonably incurred and of such compensation to the driver of the public conveyance as the Commissioner of Police may consider just.
(3) Any licensee or driver failing to deposit any property as required by sub-section (1) shall be punishable with fine which may extend to fifty rupees.
35. Rules.- 1(1) The Commissioner of Police, subject 10 the condition of previous publication, may in the rules net inconsistent with to is Act,-
(a) fixing the sum to be paid towards the cost of an inscription under sub-section (2) of Section 6;
(b) generally for the regulation of public conveyance.
(2) Such rules shall be published in the 2[Official Gazette]
3[(3) Such rules may provide that a contravention thereof shall be punishable with fine which may extend to thirty rupees.]
1 Sub-section (1) was substituted for the original by Bom. 7 of 1923, s. 11(a)
2 The words "Official Gazette" were substituted for the words "Bombay Government Gazette" by the Adaptation of Indian Laws Order in Council.
3 Sub-section (3) was inserted by Bom. 7 of 1928, s. 11(b).
36. Extension of Act.- (1) The 1[Commissioner] 2* * * * may by notification in the 3[Official Gazette] extend this Act or any specified provisions thereof to any area within 4[his] 5* * jurisdiction from a date to be stated in such notification.
(2) Where this Act or any portion thereof is extended to any such area, the 1[Commissioner] 6* * * * * *
(a) shall 7[where no Commissioner of Police has been appointed] by notification appoint some person to perform the functions assigned by this Act to the Commissioner of Police, and
(b) may by notification direct that any particular Magistrates or classes of Magistrates shall exercise jurisdiction under this Act, and
8[(c) may by notification direct that any class of vehicles shall be exempt from all or any of the provisions of this Act.]
(3) A notification under this section extending this Act or any portion thereof to any area shall be published at least thirty days before the date fixed for its coming into effect.
9[(3A) When this Act or any specified provisions thereof are extended to any area by a notification under this section the expression 10[Greater Bombay] occurring in the foregoing provisions of this Act shall be construed as meaning the area to which this Act or any specified provisions thereof are extended by such notification.]
(4) When this Act or any portion thereof is extended to any area the powers of fixing fees and of appointing 11[and abolishing] stands and of making rules shall be exercised subject to the approval of the 1[Commissioner] 6* * * 12* * * * * * *
1 This word was substituted for the words "State Government" by Bom. 8 of 1958, s. 3, Schedule.
2 The words "or the Commissioner of a division" were deleted by Bom. 28 of 1950, Sch.
3 The words "Official Gazette" were substituted for the words "Bombay Government Gazette" by the Adaptation of Indian Laws Order in Council.
4 This word was substituted for the word "its" by Bom. 8 of 1968, s. 3, Schedule.
5 The words "or his" were deleted by Bom. 28 of 1950, Sch.
6 The words "or the Commissioner of the division, as the case may be" were deleted by Bom. 28 of 1960, Sch.
7 These words were inserted by Bom. 56 of 1959, s. 3. Sch.
8 Clause (e) was substituted for the original abuse by Bom. 7 of 1928, s. 12(b).
9 Sub-Section (3A) was inserted, ibid., s. 12(b).
10 These words were substituted for the original by Bom. 17 of 1946, s. 9 end Sch. E, tend with Bom. 52 of 1947, s. 2, proviso.
11 These words were inserted by Bom. 7 of 1928, s. 12(c).
12 Sub-section (5), which was substituted for the original sub-section by s. 2 of Bom. 11 of 1924 was omitted, ibid.
1[37. Power to apply or adapt certain provisions to vehicles not used for the purpose in plying for hire.- The 2[3[State] Government], or any area to which this Act or any specified provisions thereof have been extended under Section 36 the 4[Commissioner] 5* * * * * * * * may, by notification in the 6[Official Gazette], apply or adapt all or any of the provisions of this Act, except those which relate to plying for hire, or any part of any suck provision, to vehicles or to any class of vehicles which are kept, or ordinarily let for hire, but which are not used for the purpose of plying for hire.
Explanation.-A vehicle shall not be deemed to be kept for hire if it is let for hire only occasionally by private agreement.
1 Section 37 was substituted for the original section by Bom. 7 of 1928, s. 18.
2 The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.
3 This word was substituted for the word ??? by the Adaptation of Laws Order, 1950.
4 This word was substituted for the words "State Government" by Bom. 8 of 1958, s. 3, Schedule.
5 The words "or the Commissioner of the division, as the case may be" were deleted by Bom. 28 of 1960, Sch.
6 The words "Official Gazette" were substituted for the words "Bombay Government Gazette" by the Adaptation of Indian Laws Order in Council.
38. Powers may be exercised from time to time.- All powers conferred by this Act may be exercised from time to time as occasion requires.
1[39. Repeal and saving.- On the commencement of the Bombay Public Conveyances (Unification and Amendment) Act, 1958 (Bom. LXXXVI of 1958), the following Acts, that is to say,-
(i) the Bombay Public Conveyances Act, 1920 (Bom. VII of 1920), as adapted and applied to the Saurashtra area of the State of Bombay,
(ii) the Hackney-carriage Act, 1879 (Bom. LXXXVI of 1958), as in force in the Vidarbha region of the State of Bombay,
(iii) the Hyderabad Public Conveyances Act, 1956 (Hyd. Act XXXIX of 1956), and
(iv) the Bombay Public Conveyances Act, 1920 (Bom. VII of 1920), as extended to the Kutch area of the State of Bombay,
shall be repealed:
Provided, that; not withstanding such repeal-
(a) any notification issued, licence granted or rule made under the provisions of the laws so repealed shall continue in force until it is superseded or modified by any notification, licence or rule issued, granted or made by a competent authority under this Act and if no such authority exists or if acre be a doubt as to the competent authority by such authority as the State Government may designate;
(b) anything done or action taken (including any notice given, prosecutions launched, right acquired, obligation and liability accrued or incurred, penalty imposed, proceedings pending, badges provided, rates of fares fixed, stands or places appointed, or auctions granted) shall be deemed to be done, or taken, under the corresponding provisions of this Act as if this Act had then been in force.]
1 This Motion was substituted for the original by Bom. 86 of 1958, s. 8(iii).