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Tripura act 001 of 1947 : Rickshaw Niyamak Act, 1357 T.E.

Section 1

Chapter-I

CHAPTER I

1. (a) This Act may be called the Act to regulate the traffic by rickshaws or Act I of 1357 T.E.

(b) This Act shall come into force throughout the Tripura State from the date of its notification in the State Gazette.

Section 2

Chapter-II - Preliminary

CHAPTER II

Preliminary

2. "Rickshaw" means all classes of rickshaws.

Section 3

Chapter-III - Registration and use Rickshaws

CHAPTER III

Registration and use Rickshaws

3. Every owner of a rickshaw used within the limits of the municipality of Agartala 1[or any other municipality constituted under section 8 or section 93D or, as the case may be, Notified Area constituted under section 93A of the Bengal Municipal Act, 1932, as extended to Tripura shall produce his rickshaw every year to the office of the said municipality 2[or any other municipality constituted under section 8 or section 93D of the Bengal Municipal Act, 1932, as extended to Tripura or as the case may be, Notified Area Authority and have the same registered and obtain a licence.

1. Substituted by the Rickshaw Niyamak (Amendment) Act, 1979 w.e.f. 3.11.1979.

2. Substituted ibid.

Section 4

4. Every driver or drawer of a rickshaw shall have his name registered annually as a driver or as a bearer in the municipality 3[or as the case may be, the office of the Notified Area Authority and obtain a licence. No person shall drive or draw any rickshaw without such licence.

3. Substituted ibid.

Section 5

5. The Chairman of the municipality of Agartala 4[or any other municipality constituted under section 8 or section 93D of the Bengal Municipal Act, 1932, as extended to Tripura, as the case may be, Notified Area shall, unless provisions have been made otherwise by the Minister, be deemed to be a Registering officer for discharging duties under this Act.

4. Substituted ibid.

Section 6

6. The Registering officer shall in case of any contravention of any of the rules under this Act, cancel or suspend the registration of any rickshaw of the driver or drawer of the same.

Section 7

7. The owner of a rickshaw shall not have the same driven or drawn by a person of less than twenty years of age.

Section 8

8. When drawing a rickshaw the driver of such rickshaw finds any other conveyance coming from the direction in front of him, he shall move away to his left side and when he finds any other conveyance passing along the direction in front of him he shall move away to his right side. He shall keep his rickshaw to the extreme left side of the road when he has to stop the movement of his rickshaw for the purpose of giving a lift to passengers from the roadside.

Section 9

9. Bright light shall be affixed to the outside as well as the back-side of the rickshaw, if it is to be driven before sun-rise or after sun-set.

Section 10

10. No person shall drive any rickshaw on a street without having affixed a bell approved by the Registering officer as being quite in working order. No person shall use a horn in a rickshaw.

Section 11

1[12. The Annual licence fee shall be paid according to the rates as may be prescribed by rules and licence shall be taken delivery of every year.

Provided that the State Government may in such cases as may be prescribed exempt any rickshaw owner or driver from payment of licence fee.

1. Substituted by The Rickshaw Niyamak (Amendment) Act, 1979 w.e.f. 3.11.1979.

Section 13

13. Any rickshaw shall be hired either by time or according to distance, as the hirer demands and this shall be determined at the very time of hiring such rickshaw. Where nothing has been settled the fares shall be paid by time.

Section 14

1[14. The fares shall be paid according to the rates as may be prescribed by rules.

(1) In place of Six annas Eight annas.
(2) In place of four annas Six annas.
(3) In place of twelve annas Fourteen annas
(4) In place of eight annas Ten annas.

1. Substituted by The Rickshaw Niyamak (Amendment) Act, 1979 w.e.f. 3.11.1979.

Section 15

15. The full list of the rates of fares shall be affixed to each rickshaw.

Section 16

16. Every driver or drawer shall carry his licence plate with him and produce the same for inspection whenever demanded by any person belonging to the Municipality 2[or as the case may, Notified Area Authority or any police or any public officer.

2. Substituted ibid.

Section 17

3[17. Where an owner of a Rickshaw has let it out to the driver, he shall claim a hire at a rate as may be prescribed by the rules in that behalf.

3. Substituted ibid.

Section 18

18. The Minister may make rules in consistence with the provisions of this Act in regard to the following matter in order to carry into effect the purposes of this Act and may, when he deems it necessary, amend such rules. Such rules shall come into force like this Act from the date of their notification in the State Gazette:-

(1) Appointment of a Registering officer.

(2) The manner and time of registration and the fees and mode of the recovery of the same.

(3) Use of rickshaws in a public place.

(4) Other necessary matters.

(5) Seizure of the rickshaw used by a person in contravention of this Act and of the rules made thereunder and the manner of realization of the penalty of fine.

1[(6) Rate of annual licence fee.

(7) Rate of fare.

(8) Rate of hire of rickshaw.

1. Substituted by the Rickshaw Niyamak (Amendment) Act, 1979 w.e.f. 3.11.1979.

Section 19

19. The fees for registration and the like and the penalty of fine shall be paid to the municipality of Agartala 2[or any other municipality constituted under section 8 or 93D of the Bengal Municipal Act, 1932, as extended to Tripura, or as the case may be, the Notified Area Authority.

2. Substituted ibid.

Section 19-A

3[19-A. Every rule made by the State Government under this Act shall be laid as soon as may be after it is made, before the Legislative Assembly of Tripura while it is in session for a total period of fourteen days, which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

3. Substituted ibid.

Section 20

20. Any owner, driver or drawer of any rickshaw, who infringes any provisions of this Act or any rules made thereunder, shall, upon conviction, be liable to rigorous imprisonment for a term not exceeding six months or to a fine not exceeding five hundred rupees or to both. Such offence shall be triable by a Magistrate of the first class and shall be bailable and cognisable by the police.