THE KERALA HACKNEY CARRIAGE ACT, 1963
(Act 18 of 1963)
Preamble.
Sections.
CoNTENT!>
CHAPTER I
Preliminary
I. Short title, e>..tcnt and commencement.
2. Definitwus.
3. Saving.
CHAPTER II
Registration and Numbering of Hackney Carriages
4. Annual registration compulsory.
5. Application for registry.
6. R1ght to registry.
7. Grant of carriage liceuce.
8. Form of licence.
9. Fcc for licence. I 0. Fee for cert1fied copy of 1egister 01 licence.
II. Suspension of licence by Reg•stenug Authority.
12. T1 ansfer of regish y.
13. Notice of change of 1 esidcnce, etc., to be given by licen- see~.
14. T1ansfers and chauge of re~1dence to be 1egistered
15. Appeal.
16. Penalty for keeping unlicemed liackney carriage.
17. Numbering of hackney caHiage. JR. Penalty f01 plymg fm lure without plate 01 imcnptiou. l ~. Return of plate on expuy of licence.
20. Penalty for using counterfeit plate.
CHAPTER III
Driver's Licence and Badge
21. Grant of driver's licence.
22. Pa1 ticula1s of licence to be 1egistered.
23. Penalty fm drivmg Without licence ur lending licence.
24. Suspension of licence by reg1stermg au th01 i ty.
25. Appeal.
26. Penalty for suffenng unlicensed person to drive.
27. Supply of badge to driver.
28. Return of expired licence and badge.
29. Penalty for using counterfeit badge.
30. Seizure of expired or counterfeit badge.
31. Penalty for failure to produce licence before Magistrate.
32. ConvictiOns under Act to be endorsed on licence.
33. Cancellation or suspension of licence on conviction. '-,i
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CHAPTER IV
Fares, Hiring and Plying for Hire
Maxtmum fates f01 use of hackney can iages. Contract fm higher fare mvahd. PublicatiOn of authorised fares and distances. The maxtmum (hstance to which the driver is bound to duve.
Quantity of luggage to be carried.
Penalty for refusmg to let hackney calltage f01 hn e. Penalties for various of1ence~ by duver. Requisitwn to owner to furnish address of ab~cnt driver. Special p10viswn rega1 ding r 1ckshaws. ProcedUie m case of disputes between hi1er and dnvet. Procedure in case of refusal to pay fare. Penalty for defacing or destroymg plate, badge, or table of fares.
Penalty for wilful damage to hackney cau iage. Hackney carnage stands.
CliAPT],.R v
Lost P1·ope1·t.y
48. Deposit \\ith 1 eg1stermg authority or Police Officer of pro- perty left in hackney carriage.
4!-J. The 1 egistcrmg auth01 ity 01 Police Ofltcct tu 1cgistet pcil· tlcU!an of p10pcrty depOSited and gtallt tcceipt.
CHAPTER VI
Prosecutions
50. Ex pat te disposal of c1 imina! charge.
51. LimitatiOn restricting Cnmi11al proceeding~.
52 Compensation for fnvolous p10secution.
CHAPTLR VII
Special Provisions Relating to Rickshaws
53. Powe1 of Gove1nmcnt to make special rules.
CHAPTER VIII
Rule~, Bye-Laws and Delegation
54. Powei to make rules.
55. Power to make bye-laws.
56. Penalty for breach of bye-laws.
57. Delegation of registering authonty's function.
58. Repeal and saving.
SCHEDULE.
ACT 18 OF 1963*
THE KERALA HACKNEY CARRIAGE ACT, 1963
Atl Act to unify and amend the ilaw relatzng to the regulation of Hackney Carriages w the State of Kerala
Preamble.- Whereas it IS exped1ent to unify and amend the law relating to the regulation of Hackney Carriages m the State of Kerala; Be it enacted m the Thit teen th Y car of the Rcpubhc of Ind1a as follows:-
CHAPTER I
Preliminary
1. Slzort t1tle, extent and commencement.-( I) This Act rna y be called the Kerala Hackney Carriage Act, 1963.
(2) It extends to the whole of the State of Kerala
(3) Th1s ~section and sectiOn 58 shall come into force m the whole of the State of Kerala at once. The 1emaming sections of this Act shall come mto force at once in the areas specified m the schedule and they shall come mto force in other areas of the State on such date as the Government may by notification in the Gazette appoint, and d1fferent dates may be appointed for different areas :
Provided that before issuing any such notification, the Govern- ment shall pubhsh a notice of the proposal m the Gazette inviting objections thereto and consider any objections 1 cceived within the time spectfied therefor in the not1ce.
2. Defznitions.-In this Act, unless the context otherwise requites-
( I) ' Director ' means in relation to any area within the jurisdi- ction of a Municipal Corporation or any area compnsed in a Munici- pality or Township, the Director appointed under clause (13) of section 3 of the Kerala Municipalities Act, 1960 (Act 14 of 1961) and in relation to any Panchayat area the Director appointed under clause
(7) of section 2 of the Kerala Panchayats Act, 1960 (Act 32 of 1960) ;
(2) ' driving ' includes d1 awmg, pushing or propelling, and driver includes any person who dnves, draws, pushes or propels any hackney carriage ;
(3) ' executive authority ' means, in the case of a Municipal CorporatiOn or Mur.Icipal Council, the Commissioner of the Corporation or council as the case may be ; in the case of a Panchayat the executive authority of the Panchayat; and m the case of a Township, the executive officer of the Township Committee ;
(4) ' hackney carriage ' means any wheeled vehicle drawn, pushed or propelled by a man, or drawn by horse, bullock or other -
• Received the assent of the Governor on 15th March 1963 and published in the Gazette Extraordinary dated 16th March
1963.
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animal and used for the conveyance of any person or goods and which stands or plies for hire bv the hour or day or according to distance, and includes a rickshaw ;'
(5) ' horse ' includes mule or pony ;
(6) ' local authority ' means- .
(a) many City, the Corporation of that C1ty,
(b) in any Municipal area, the Municipal council concerned
(c) m any Panchayat area, the Panchayat concerned ; and
(d) in any Township, the Township Committee concerned ;
(7) ' Magistrate ' means any magistrate having local jurisdiction in any area to which this Act extends ;
• (8)-' minor ' means any person who has not completed the age of eighteen years ;
(9) ' registering authority ' means the executive authonty of the local authority concerned or any other person appointed by name or by virtue of his office, by the Government for registering hackney carn- ages within a particular area ;
(10) ' rickshaw' means a two-wheeled veh1cle or a tri-cycle of special type drawn or propelled by a person and includes a cycle-nck- shaw;
(II) ' year of registration ' means the year endmg with the 31st day of Ma1 ch.
3. Saving.-Nothing m th1s Act shall apply to a hackney carriage owned by the Government or a local authority.
CHAPTER II
Registration and Numbering of Hackney Carriages
4. Annual· registratzon compulsory . ..__Every hackney carriage shall be annually 1 eg1stered by the reg1stermg authority.
5. Apptzcat1on for Regzstry.-(1) Any person who IS desirous of having any vehicle registered as a hackney carnage shall apply to the registering authority and shall submit the vehicle for such inspec- tion as the registering autllOIIty may direct.
(2) The person in whose name any carriage is registered shall be deemed to be the owner of such carriage for the purposes of this Act:
Provided that 1f the person in whose name any carriage is registered is a mmor, the guardian of such minor shail be deemed to be the owner of the carriage.
6. R1ght to RegHtry.-Every applicant under section 5 shall be entitled to registration unless the registering authority is of opinion that the vehicle is not fit for public use:
Provided that no vehicle shall be registered in the name of a minor unless the application is made by his guardian on behalf of the minor:
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P10vided further that the registenng authority may, in the interest of the public,-
( I) limit the numbet of vclucles of any descnption which may be registered annually, in which case no vc!Hcle of that des'cription shall be registered in any year in excess of the number !:.0 limited;
(2) refuse to 'register vehicles of a particular description m whtch case no vehicle of that description shall be registered;
(3) limit the number of hand-r..ulled 1 ickshaw~ to be rcgi~tcred 111 any year, to a number which shall be less by 5 per cent than the number reg1ste1ed in the tmmedtately p1ecedmg year.
7. Grant of camagc lzccncc.-The registe11ng auth01 ity ~hall, at the time of registration, delive1 a hcencc duly signed by it to the applicant
(2) A licence granted under this section shall be in force for the year of registratiOn.
8. Form of ltcC/lcc.--The following particulars shall be entered in the register and in the licence to be gtven to the applicant:-
(!) The number in the tegister of the hackney catnagc.
(2) The name and residence of the owner and the place where the hackney ca1 riage is kept.
(3) A descnption.of the hackney caniage.
(4) The number of h01ses or other animals to be employed in drawing such hackney em riage and, 1f the hackney call iage i~ drawn or pmhed or propelled by men, the number ol men to be su employed.
(5) The number of passenger~ such hackney catnage is hcemed to catry.
(6) The weight of the luggage such carriage is licemed to carry Ill addition to the passengers.
(7) The date of the licence and its date of expiry.
9. Fee f01 lzcencc.-A fee shall be paid to the regt:,termg a1,1thority fot each licence of such sum, a~ may be fi'{ed by the Dtrector, by noti· fication in the Gatette, subject to the conditiOn that uo such fee shall exceed the fee specified hereunde1.
(a) for every four wheeled call iagc drawn by two or m01e horses licensed to ca11y more than six passenge1 s
~b) lor every othet fout wheeled carriage d1 awn by two hm ses
(c) for evet y other four wheeled carriage drawn by one horse or by one or more bullocks
(d) for every two wheeled carna.ge drawn by one or more horse~
(c) for every two wheeled carnage drawn by one or more bullocks
(f) for every rickshaw. perambulator ot· other vehicle drawn, propelled or pushed by man or in any other manner Rs. nP.
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10. Fee for rertifzerl cDPJ' nf,ep,lstn o, l1cence.-Every person applying for a certified copy of the particulars in the register or licence mentioned in section 8 shall be furnished the same on payment of a fee of twenty· five naye paise.
I I. Surpension of licmce b_"!' Rl'gistmng Authorzty.-The registering authority may suspend for such penod as it thinks fit the licence of any hackney carnage, whenever it appears to it that such carriage, or any ammal or harness used therewith is unfit fm pubhc use.
12. Transfer of regtstry.-On any transfer of owner~l11p of a hackney carriage, the transferee shall, if he de~ ire~ to me 1t as such, witlun one week from the date of the transfer, apply to the registering authm ity for transfer of the registry, givmg it the particulars specified in the fi1 ~t three clauses of section 8.
13. Notm· of rhangr rif reszdmcr, ctr., to be given b;• lzcensees.-(1) \Vhenever th(" owner of a hackney ca11 1age rhan£ies his rc~idence, or the place where ~urh ca~riage is kept, he shall withm one week from the date of such change forward lm licence and give to the reg1~tenng authonty a notice in wntmg signed by him ~pec1fymg the new re>~dence or place.
(2) Eve1 y ~uch owner \v ho neglects to forward his li.ccnce or give such notice shall be ha ble to a fine not exceeding twenty rupees.
14. Transfers and change of reszdence to be regzstered.-The registering authority, on rcceivmg the apphcatwn or notice specified in section 12 or section 13, shall make the necessary alteration in the register and the licence, and retl.l.rn the licence; and a fee of twenty-five naye patse shall be payable along with every such application or notice.
15. Appeal.-Any person aggrieved by any order refusing regis- tration of any vehicle under sectiOn 6 or suspending a licence under section II, may withm thirty days from the date of intimatiOn of such order, appeal to the local authonty concerned and the order pas~ed m appeal shall be final.
16. Penalty for J..eejnng unhcmsed hackney ran ZO/!C.- \Vhoever keeps any hackney caruage, which has not been duly licen'led under this Act, shall be lialJle to a fine not exceedmg fifty rupee<;.
17. N111nbe1 in!! rif harkney can zagc.-( 1) Upon the 1 egist1·ation of any hackney caruage, the re'Si'ltet ing authority shall cause to be painted on some conspicuou~ part of the c-arriage or on a plate to be affixed on <;orne conspicuous part of the rarr1age it~ number m the register and the number of passcnqers it IS IJccmed to carry.
(2) If the word~ or figm es <;o painted become indistinct or are obht!'rated dunn~ the term of the licence, the owner of the carnage shall be bound to produce it before t~1e regi~tenng aut honty and apply to have 'luch words or figure~ renewed. If the plate so affixed shall have been Io~t or stolen, the owner of the can 1age shall be bound to apply to the registering authouty to have a new plate affixed.
(3) The fcc for the painting done or the plate supplied under sub-sectiOn (I) or sub-section (2) shall be twenty-five naye pai~e, payable to the registering autl10rity.
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18. Penalty for plywg for /me w1thout plate 01 wscnptzo11.-lf any hackney carriage stands or plies for hire without a plate or legible inscription as prescribed by section 1 7, the o~ner thereof shall be liable to a fine not exceeding twenty rupees.
19. Retum of plate on expiry rif hcmce.--(1) On the expiration or other determination of the period of registration, the owner of every hackney carriage shall cause the plate, if any, of such hackney carnage to be delivered to the registering authority.
(2) Any person who. after the expiration of the penod aforesaid, wilfully omits for fourteen days to deliver the plate, if any, to the said authority, shalJ be liable to a fine not exceedmg twenty rupees.
20. Penalty for using counterftit plate.-( 1) Every person who shall, for the purpose of deception, use or have any plate or painting resem- bling or intended to tesemble any plate affixed or paintmg made under thts Act, shall be punishable with fine which may extend to fifty rup<"es, and in the case of a subsequent convict1on under this section, with fine which may extend to one hundred rupees or with imprisonment for a term which may extend to one month, or with both.
(2) Any officer of the local authority duly empowered in that behalf by the registering authority or any Police officer may seize and take away any plate used or had as aforesaid wheresoever the same may be found, and delive1 the same to the registering authority and in the case of painting referred to in sub-section (I) obliterate the same.
CHAPTER III
Driver's licence and badge
21. Grant of drwer's licence.-( 1) The regtstering authority may grant a licence to act as driver of any hackney carriage to any appli- cant whom it may consider fit, prov1ded he is not a minor.
(2) Every such licence shall contain-
(z) the number of the licence, the name, place of abode and age of the person to whom such licence is granted.
(ii) the description of the carriage and animals, .if any, to be used therewith ; and
(ui) the date on which the licence was granted and the date of its expiry ;
and shall bear the signature of the registering authority.
(3) Such licence -hall be in force for the year of registration and the fee payable therefor shall be one rupee and fifty naye paise · P10vided that no fee shall be payable for the licence for the driver of a nckshaw ; and the fee payable for the licence for dnver of any hackney carriage mentioned in clause (f) of section 9, other than a rickshaw, shall be twenty-five naye paise.
22. Particulars rif lzcence to be regzstertd.-The particulars of every licence granted under section 21 shall be entered in a register by the registering authonty and every person applying shall be furnished with ~ ...
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a certified copy of such particulars on payment of a fee of twenty-five naye paise.
23. Penalty for dnving wzthout licence or le1zdi11g licencc.-lf any per- son acts as the driver of a hackney carriage without havmg a licence in force for the tim~ being or, having a licence, fails to carry it wtth him when driving a hackney carnage, or transfers or lends it or allows it to be used by any other person, he shall be liable to a fine not ex- ceeding twenty rupees.
24. Suspernion of licence by registering autlzorzty -The registering authority may suspend for such period as it thmks fit the licence of the driver of a hackney carriage whenever, in its opmion, such driver is unfit to be so employed.
25. Appeal.-Any person aggrieved by an mder refusing grant of a licence under section 21 or suspending. a hcence under section 24 may, Within thirty days from the date of intimation of such order, appeal to the local authority concerned and the otder passed in appeal shall be final.
26. Penalty for stiffenng unlicenced person to drzve -The owner of a hackney carnage who knowingly suffers any person, not duly licenced under this Act, to act as dnver of such carriage, shall be hable to a fine not exceeding fifty rupees :
Provided that such owner and such unlicenced driver shall be subject to all the provisions of thts Act for any act done or omitted to be done by such driver during such employment m like manner as if such driver had been duly licensed.
27. Supply of badge to driver.-( I) The registering authority shall at the time of granting a licence to any driver of a hackney carriage, furnish him with a metal badge punched or marked with the number of his licence.
(2) Every driver to whom such badge is delivered shall, at all times while actmg as driver, wear such badge exposed to view.
(3) In case any such driver omits to wear such badge exposed to vtew whlie acting as dt iver he shall be liable to a fine not exceeding ten rupees.
(4) Whenever the number on any badge becomes mdistinct or Is obliterated dunng the term of the licf'nce, or whenever any badge is lost or stolen, the person to whom the hcence relating to any such badge has been granted shall deliver such badge or notify its loss and shall produce such licence to the registermg authority, and such person shall then be entitled to have a new licence and badge delivered to him upon payment of the fee specified in section 21. Such new licence shall be in force for the year of regis- tration.
(5) Every person licensed under the authority oftlus Act who uses or wears the badge granted to him after the wntmg thereon has become indistinct or obliterated shall be liable to a fine not excf'edmg ten rupees.
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28. Retrun rif r\phui hrencr n11fl hndt;r.-(1) Upon the e\.pitation or other determinatwn of any licence gtanted to a drivet undet this Act he shall deliver such licence and his badge to the registering authonty
(2) Every driver who neglects for three days to deliver such expired licence and badge to the registering authority and also every person who mes or wears or fraudulently detains any ~uch expired licence or badge and every person to whom any exptred licence or badge has been delivered, who lends, gives away, pledges or sells such badge to any other pet ~on, and every person who detains, wems or uses any hcence, or badge of anv othet person, ~hall he liable to a fine not exccedmg twenty rupees.
29. Penalty for unng counteifeit bad~e.-Evet y person who, for the purpose of deception, uses or wears any badge resembling or intended to re~emblc any badge granted 11nder the
es, and in thf'
case of a subsequent coJwiction under this ~ectwn, with fine whirh may extend to one hundrt>cl rupees, or with irnpt1~onmcnt f01 a tetm wluch may extend to one month.
30. Sci;;;we of exfJired m counte1 (ett badge.-Any officer of the local authority duly empoweted in that behalf by the registermg authority or any Police officer may seize and take away any expired or counterfeit badge, or any badge in respect of which an offence under sectzon 28 has been committed, wheresoever the same may be found, and dehver the same to the regtstenng authonty.
31. Penalty for fazlw e to p1 oduce fzceuce before .Afagzstratt'.-Whenever any driver 1s summoned to appear before anv Mag.tstrate to answer any charge preferred agamst him under this Act, he shall carry with him his licence, and produce tbe same if required so to do, and any driver who, on such requisition, refuses to produce such l1cem:e, shall be liable to a fine not exceeding five rupces.
32. Convzrtinns under Actin be endrnsrd 011 17r!'llcc.-On the conviction of any dnver for any offence under this Act, the Magistrate shall cause to be endorsed on l11s licence the nat111 e of the offence, the date of the convict tOn and penalty inflictrd.
33. Canrellation or suspmsznn of 17rmrr 011 ro11viction.-(l} On the conviction of any driver for any offence under th1~ Act, the tv1agistrate may direct the cancellation of the hcence of ~urh dt"ive• or its suspen- SIOn for ~uch time a~ lw thinks fit.
(2) For such pwpos!', h!' may reqmre the dr•vcr or, any othe1 per~on WhO may be in posse~SIO!l of the hc:e!lC!' Ol badge to de)iVeT 11p the same.
(3) If such driver or other person refuses or neglects to deliver up the licence or badge, he shall be I iahle to a fine not exceeding ten rupees.
(4) The Magistrate shall forward every licence and every badge delivered up to htm under sub-sectiOn (2) to the tegtstenng authonty together with a memorandum of his sentence in the case. k-1
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(5) The registering authority shall enter the fact of such sentence in the register referred to in section 22, and shall either suspend or cancel such hcence according to the direction of the Magistrate ; and if 1t has been suspended, the registering authority shall, on application at the end of the period of suspension, redeliver such licence or badge to the person to whom it was granted.
CHAPTER IV
Fares, Hiring and Plying for Hire
34. Maxzmumfaresjor use of hackney carriages.-( I) The owner or dnver of every hackney carriage may demand and receive for the hire of such carriage such fares as may be fixed and published by the registering authority with the sanction of the Director, duly notified:
Provided that any agreement entered into to accept a fare lower than the fare so fixed shall be binding~
(2) No owner or driver shall demand or receive over and above the said fare any sum for back fare for the return of the carriage from the place at which it was discharged.
35. Contract for higher fare invalid.-No agreement made with the driver of any hackney carnage for the payment of more than the fare published in accordance with section 34 shall be binding on the person making the same, and any person, notwithstanding such agreement, may refuse on dtscharging such hackney carriage to pay any sum beyond such fare. If, in pursuance of such agreement, any person rece1ves any sum exceedmg the fare allowed, he shall be hable to pay a fine not exceeding ten rupees and also to refund such excess, whtch shall be recoverable as if it were a fine.
36. Publication of authorised fares and diJtances .-(I) The regtstering authority shall cause to be prepared a hst in English and in any other local language of the fares published undt>r section 34 and shall annex to such hst a table showmg the dt~tance between the prmctpal
. places to and from which hackney carriages commonly ply. The di>tances so shown shall be p1 esumed to be correct.
(2) Copies of such hst and table shall be issued to all applicants on payment of a fee of twenty-five naye paise for each copy or of such other sum as the registering authonty, subject to the control of the Director, may prescribe.
(3) The driver of every hackney carriage standing or plying for hire shall have with him a copy of such list and table and shall on demand produce the same for the mspection of any Police Officer or of any officer of the local authority duly authonsed m that behalf by the 1 t'gtstering authority or for the mformation of any htrer of, or pas~enger by ':,is carriage, and shall in default, be liable to a fine not exceedmg ten rupees.
( 4) The registering authonty shall also cause an abstract of the fares referred to in sub-section (I) to be prepared in English and in any other local language and printed on enamelled plates and such plates shall be issued to applicants on payment of a fee of twenty-five naye paise for each plate,
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(5) Every hackney carriage shall have such a plate affixed and as often as any port1on of the printmg on any such plate becomes indistinct or obliterated, re-affixed, on a consp1cuous part of the carriage tn accordance with the directions of the registering authority.
(6) If any hackney carriage stands or phes for hire without such a plate affixed or re-affixed as required by sub-section (5), the owner and driver thereof shall be punishable with fine not exceeding twenty rupees.
37. The maxtmum distance to whtch the dnver zs bound to drive.- ( I) The driver of every hackney carriage shall be bound to drive such carriage to any place named by the hirer which is not more than 3 miles from the place of hiring in the case of veh1cles of the description speci- fied in clause (f) of section 9, and in the case of any other vehicle, not more than six miles.
(2) When any hackney carnage is hired by time, the dnver thereof shall dnve the same at a rate of speed not less than that pres- cribed by "lhe registering authonty.
(3) A dnvcr faihng, Without 1easonable Pxcuse, to comply w1th the provisiOns of tillS sectiOn shall be hable to a fine not exceeding ten rupees.
38. Qua11tzty of luggage to be carrzed.-The dnver of every hackney carriage shall carry in or upon such carriage Without addit1onal charge such quantity of luggage for every person lunng the same as may be prescnbed by the rules under th1s Act.
39. Penalty for refusing to let hackney carrzage for hire.-Any owner or driver of any hackney carriage who demands more than the fare to which he 1s legally ent1tled, or without reasonable excuse refuses to let such carriage for hire, shall be liable to a fine not exceedmg fifty rupees and to pay such further sum by way of compensatiOn to the party com- plaming as to the Magistrate may seem JUSt, and such furthe1 sum shall, in default of Immediate payment, De levied as If It Wele a fine.
40. Penal tiCS for vmwus qffences by drzVlr.-Ever y drrver of a hackney carriage who-
(a) is drunk dunng h1s employment,
(b) makes use of msulting or abusive language or gesture,
(c) stands elsewhere than at some stand or other places appoint- ed for the purpose of loiters for the purpose ofbemg hued 111 or upon any public street, road 01 place,
(d) wilfully obstructs, or hinde1s, the dnve1 of any othe, hackney carnage 111 takmg up or settmg dO\\ n any person mto, 01 from such nthet ca· nage,
(e) wrongfully prevents or endeavours to prevent the dnver of any o thl"r hackney carriage from being h1red:
(f) refuses to admit and ca11 y 111 such carnage the numbet of passengers the carnage IS licenced to carry ;
(g) carries more than such number of passengers,
(h) refuses to carry the quanttty of luggage allowed by the licence;
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(i) being hired, permits or suffers any person to be carried in or upon or about such hackney carriage during such hire, Without the consent of the person hiring the same;
(J) drives in any hackney carriage any animal which is not so secured as to be under the control of the driver,
(k) being hired by time or distance, before he has been dischar· ged by the hirer, wilfully deserts from the hiring;
(l) phes for hire with any carriage or animal which shall at the
time be unfit for public use;
(m) plies for hire with any carriage wh1ch is not fitted with any suitable warning signal, such as bell, horn or other contrivance;
(n) without previously disinfecting it, knowingly uses for hire any carriage used for the conveyance of a corpse or any person suffering from any contagious or infectious disease;
(o) demands advance payment offare;
(p) refuses to obey the 1 easonable directions of any person hiring his vehicle; and
(q) permits the inside of the hackney carriage of wh1ch he 1s in charge, to become dirty,
shall be liable to a fine not exceeding fifty rupees, or to impnsonment which may extend to one month or to both.
41. Requisitzon to owner to furmsh address of absent drzver. -( 1) When a complaint is made before a Magistrate against the driver of a hackney carriage under this Act, the Magistrate may if the driver fails to appear, summon the owner to appear and to furnish the correct address of the driver.
(2) If the owner after being duly summoned fails, without reasonable excuse, to appear or furmsh the correct address of the driver accordmg to the summons, he shall be hable to a fine not exceedmg fifty rupees.
(3) If the owner fails without reasonable excuse to appear or furni h the correct address of the driver on a subsequent summons requmng him to do so, the Magistrate may dispose of the complaint 111 the absence of the owner and dnver or either of them.
42. Special provzszon 1egarding rzckshaws.-Notwithstanding anything contained in this Act, the fine in respect of any offence relating to rickshaws under th1s Act shall not exceed ten rupees.
43. Procedure zn case oj daspute between hzrer and drwer.-(1) In case of any d1spute between the h1rcr and driver of any hackney carriage, either may require the other to proceed forthwith to the ne~rest Magistrate's court and the then sittmg Magistrate shall hear and deter- mine the d1spute in a summary way.
(2) If no Magistrate be then Sitting, either party may 1 equire the other to proceed to the nearest Pohce Officer who shall enter the complaint m his diary and require the parties to appear before the Magistrate at his next sitting.
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(3) On failure of either party to appear before the Magistrate in pursuance of a requ1sition under sub-sect10n (I), or sub-section (2) or to attend the Court at any subsequent sitting to which the case may be adjourned, the Magistrate may decide the case ex-parte, and h1s decision llhall be binding on both parties.
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h - h44. d Prhocedkure m case of refusal to pay fare.-h( I) If any dperson
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who ~ as 1re a ac ney carriage refuses to pay to t e owner or liVer t tere- } :;:-
of, the fare payable under this Act, the Magistrate may order payment of such tare, and also of reasonable compensatiOn for loss of t1me, and in default of Immediate payment, such fare and compensation may be recovered as a fine.
(2) If any person who has used any such carnage attempts to evade payment ofthe legal fare, or any portion thereof, he shall be liable to a fine not exceeding fifty rupees in additiOn to any payment which may have been ordered under sub-~ect10n (I).
45. Penalty for defacmg 01 destroymg plate, badge or table of fares.-( I) Every person who wilfully tears, destroys, defaces, obliterates or removes any plate, list of fa1es, table of d1stances, or dnver's badge, kept under the provisions of this Act, shall be liable to a fine not exceedmg twenty rupees.
(2) Any portiOn ofthe fine may be awarded to the person to whom such plate, list of fares, table of distances, or driver's badge belongs.
46. Penalty for wzljul damage to hackney camage.-Every person using a hackney carria15e who Wilfully causes any damage to the same, ~hall be liable to a fine not exceedmg twenty rupees and shall also pay to the owner such compensatiOn for the damage as the Magistrate may direct; and such compensation shall be lev1able as 1f 1t were a fine.
47. Hackney carnage stands.-(!) The registering authonty shall appoint a sufficient number of pubhc stands for hackney carriages.
(2) Every public ~tand so appomtcd shall have a board placed in a consp1cuous place on the same, contammg a not1ce m English and m any other local language statmg that the stand IS a public stand under this Act, and spec1fyng the number of carnages that may be stationed in it.
CHAPTER v
Lost Property
48. Deposit wzth reg1stermg authonty or Pollee OjJ1rer of p1operty left 111 hackney rarnaf?e.-( I) The owner 01 d11Ver of every hackney carnage whel-em any property 1s left by any pe1 son •hall, w1thm eighteen hours depostt the property w1th the 1 eg1stering au thonty or w1th the Inspector or other officer on duty in the neare~t police ~tal10n and shall be entitled to a rece1pt duly signed by the officer takwg charge of the same.
(2) Any such owner or driver makmg default he1em shall be liable to a fine not exceeding twenty rupees nr to imprisonment for a period which may extend to one month or to both.
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49. The regzstenng authonty or Polzce Officer to regzster partzculars of prope,ty deposzted and grant recezpt.-( l) The said authority or officer shall forth\\-tth enter, in a book to be kept for that purpose- ( a) the description of the property;
(b) the name and addre~ of the driver or other person who brings it;
(c) the name and address of the owner of the hackney carriage in which it was left, and the registered number of the carriage, and
(d) the day and hour when the property is brought and shall give to the person bringing the property a receipt for the same.
(2) If the property is deposited in a police statiOn, the officer receivmg the property shall forthwith forward the same to the registe- ring authonty wtth a copy of the entnes made in the book in respect of the property.
( 3) The property deposited under sub-section (I) shall be delivered to the person who sattsfies the registenng authonty that it belongs to !urn, upon payment of all expenses incurred by the owner or dnver together Wtth such reasonable sum as the registermg authonty may award.
Provided that-
(i) if the property 1s not claimed and the ownership establi- shed wtthm s1x months from the date of depostt, the registering authority may cause the property to be advertised and sold by public auct10n;
(tt) when the property so deposited is subject to speedy and natural decay or when the expenses of keepmg it in custody 1s hkCiy to exceed its value the reg1stenng authonty may cause It to be sold at once ; and the proceeds, after deductmg the expenses together wtth such reasonable sum as the reg1stenng authonty may award to the owner or driver, may be forfetted to the Government, 1f wtthin the period aforesaid the ownership IS not established.
CHAPTER VI
Prosecutions
50. Expartc dtsposal of crimmal chat ge .-If, in any prosecution under this Act, the person charged does not appear as directed by the summons, the Magistrate may, upon proof of personal service and if no sufficient cause be shown for the non-appearance, proceed to dispose of the case in his absence.
51. Lzmztatzon restrzctzng crzmznal proceedmgs .-( 1) No person shall be hable to prosecution for any offence under this Act unless the com- plamt respecting such offence be made within one month next after the commtssion of such offence.
(2) For the purposes of th1s section, every failure or contravention punishable under this Act shall be deemed to be a continuing offence so long as the fatlure or contravention continues.
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52. Compensation for frivolous prosecution.-Where the Magistrate is satisfied that a complamant had no reasonable ground for instituting a prosecution, he may direct the complainant to pay to the accused such compensation not exceedmg fifty rupees as he thinks fit and the sum so awarded shall be recoverable as if it were a fine.
CHAPTER VII
Special provisions relating to rickshaws
53. Power of Government to make special rules.-(1) Notwithstanding anything con tamed m the foregomg provtsions of thts Act or the rules made thereunder, the Government, may after previous publication, make special rules for the licensing of rickshaws and rickshaw pullers.
(2) In particular and without prejudtce to the generality of the foregoing power such rules may-
(a) prescribe the period for which the nckshaws, hand-pulled and cycle-driven, are to be permitted to ply ;
(h) prescnbe the stze and design of rickshaw and the conditions for grant of hcence ;
(c) prescribe the period after whtch the hcence has to be renewed;
(d) prescribe the standard of phystcal fitness, with special reference to age, required for nckshaw pullers and drivers;
(e) prescribe the rates of fees to be paid by nckshaw puller and drivers for medtcal certificates ;
(f) prescribe the penalties f01 the violation of any of the rule by the owner of the nckshaw or by the puller or dnver of the rickshaw . .
CHAPTER VII I
Rules, bye-laws and Delegation
54. Power to make rules.-( I) The Government may, after previous publication, make rules, not mconststent with the provisions of this Act, to carry out the purposes of this Act.
(2) In parttcular and without prejudice to the generality of the foregomg power, such rules may be made with regard to-
(a) the exammation and qualifications of drivers and the conditions under which they may be employed ;
(b) the descnption of horses, bullocks or other animals, hat ness and other things to be used wtth hackney carriages, the dimensions of such carnages, the condition in which such carnages and horses, bullocks or other animals, harness and other things used there- with shall be kept ,
(c) the inspection of the premises on whtch any such carriages, horses, bullocks or other animals, harness and other things are kept ;
(d) the inspectton cf hackney carriages with a view to see if such carriages are in a fit condttion for public use ;
(e) the fittmg of bells, horns or other warning signals to carriages and for testmg the same ;
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{f) the protection of weak, lame and sickly horses, bullocks or other ammals ,
(g) the publicatiOn of the !Jst of fares and table of distances and the regulation of the amount and weight of luggage to be carried with or without additional charges ; and
(h) generally for carrying out the purposes of this Act.
(3) Every rule made under this Act shall be laid, as soe>n as may be after it is made, before the Legislative Assembly while it is m session for a total penod of fourteen days which may be compnsed in one sessiOn or in two successive sessions, and if, before the exp1ry of the sessiOn m which 1t 1s so laid, or the session immediately following, the Legislative Assembly makes any modification in the rule or decides 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 anythmg previously done under that rule.
55. Power to make bye-laws.-Every local authority may, with the previous approval of the Director, make bye-laws not inconsistent With the provisions of this Act and the rules made thereunder on matters not covered by the rules.
56. Penalty for brerzch oJ bye-laws.-Whoever infringes any rule o bye-law shall, on convictiOn bef01e a Magistrate, be liable to a fine no exceedmg twenty rupees.
57. Delegatton oJregzstermg authority's junction.-With the sanctiOn of the Director, the reg1stenng authority may delegate to any othe officer under 1t all 01 any of its functions under this Act.
58. Repeal and savzng.-The Madras Hackney Carriage Act, 1911 (Act V of 1911) as in force in the Malabar d1strict referred to in sub- ~ection (2) of sectiOn 5 of the States Reorganisation Act, 1956 and the Travancore-Cochm Hackney Carriage Act, 1950 (XXXV of 1950) are hereby repealed.
SCHI:DULE
[See Section I (3)]
I. Trichur M umcipahty
2. Kunnamkulam Mumcipahty
3. Alleppey Mumcipahty
4. Shertallai Municipality
5. Muvattupuzha Munic1pahty.
6. Mattancherry Municipality
7. Parur Municipality
8. Ernaku1am Municipality
9. Trivandrum City
10. Area under the junsdiction of the Calicut Town Police Station, Calicut Kasba Police StatiOn, Nadakkavu Police Station and Panmankara Police Station.
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