PUNJAB GOVT GAZ. (EXTRA.), NOV. 22, 1976
(AGHN. 1, 1898 SAKA)
No.
the
PART I
LEGISLATI VE DEPARTMENT
Notification
The 22nd November, 1976 46-Leg-/76.-The following Act ofthe State of Punjab receíved the assent of the of Indía on the 15th November, 1976, and ís hereby publíshed for general informatíon :
Punjab Act No. 41 of 1976
THE PUNJAB CYCLE-RICKSHA WS (REGULATION OF
LICENCE) ACT, 1976
AN
ACT
149
Legislature President 10 regulate the issue of licences in respect of cycle-rick shaws plying in ay municip al area in the State of Punjab.
BE it enacted by the Legislature of the State of Punjab in the Twenty seventh Year of the Republic of India as follows :
1. (1) This Act may be called the Punjab Cycle-Rickshaws (Regu laion of Licence) Act, 1976.
2. In thi_ Act, unless the context otherwise requires,
(2) It shall come into force on such date and in such municipal area or areas as the State Government may by notification appoint and different dates
may be appointed for diferent municipal areas.
(a) "cycle-rickshaw'' means a three-wheeled cycle-rickshaw driven by
manual labour and includes all its components and accessories; Short title
and
commence
ment.
(6) 'municipai area'" means any area within the juri_diction of a
municipal committee or notified area committee established under
any law for the time being in force ;
(c) "municipal authority'' means and includes any authority of the
municipal committee Or notified area committee established
under any l¡w for the time being in force. Definitions.
Licence fot
cycle
3.() Notwithstanding anything contain d to the contrary in the
Punjab Municipal Act, 1911, or any rule or order or bye-law made thereunder trickshaws.
or any other law for the time being in force, no owner of a cycle-rickshaw
SaIl be granted any licence in respect of his cycle-rickshaw nor his licence
Snall be reneWed by any municipal authority after the commencement of this
Act unless the cycle-rickshaw is to b¹ pli d by such owner himself.
(2) Every licence in respect of a cycle-rickshaw granted or renewed Pror to the commencement of this Act shall stand revoked on the expiry of a Period of thirty days after such commenc ment if it docesnot conform to th¹
Provi_ions of this Act.
3
PUNJAB GOVT GAZ. (EX A.) NO 2, 1976 149 . (AGHN. 1, 1898 SAK
PART I
LEGISLATIVE DEPARTM
N ification
The 22nd November, 1976 No. 46-Leg./76.—The following A of the Leg slature of the S a e of P receive the a sent of the President of India on the 15th N ber, 19 and is pu ishe for gen information i—
P A N 41 o 197
THE PUNJAB CYCLE-RICKSHAWS (
REGULA ON O
ICENCE) ACT, 1976
N
to regulate the issue of licences in respect of cycle-rickshaw ply n in any municipal area in the State
of Punjap.
it h egislat re o h S n h Twenty-
seventh Year of the c n o low —
1. (I) This Act may be called the j ycl i aws (R - Short title ation ce) Act, 1976. T Val _- ~~
. LC. ment. 7 ) It shall come into force on such n unicipal ( areas as the State G nm t a t c io i t t 39275, may be appointed for different municipal areas. 17/
2. In this Act, unless the context t r ise uir s,— Definiilaty 0
(a) **cycle-rickshaw'> means a Wheeled cl ck ef } manual u ll pone e ; mal
(b) 'municipal area' means any ithin s on f A Mann municipal mittee or oti mit e ished under any law for the me ei i ;
(¢) **municipal authority" eans d l des ny authorit f t e
municipal committee or notifi arec c mit established
under any law for the time being in force.
3. (I) Notwithstanding anything contained to t e contrary i t e Lo i Punjab Municipal Act, 1911, or any rule or order or bye-l w made thereunder rickshaws. orany other law for the time being in force, no owner of a cycle-rickshaw shall be granted any licence in respect of his cycl ickshaw nor his lice ce shall be renewed by any municipal authorit after the c mence e of this Act unless the cycle-rickshaw is to be plied by such owner himself.
(3) Every Houtep I voupesh of 8 cycle-rickshaw granted or rene ed Prior to the commencement of this Act shall stand revoked on the expiry of a Period of thirty days after such commencement if it does not conform to the Provisions of" this Act.
1
Bxemption. Penalties. Forfeituro. Powor to make rules.
I50 PUNJAB GOVT GAZ. (EXTRA.), NOV. 22, 1976 (AGHN. 1, 1898 SAKA)
4.() Notwithstanding anything contained in this Act, a liceno:
TesPect ofa cycle-rickshaw may be granted to a widow or to a disabled
tobe pli d by anothr prson if this is the only source of her or his livelihood and in such a case it shall be lawful for the IAunicipal authority to gran
driving licence to a person other than th: owner of the cycle-riçkshaw. full particulars of the owner and the driver engaged to ply it with a photog of the driver.
Person
by a municipal authority to an institution to be plied through any other
(2) A licence in respect of a cycle-rtckshaw may also be granted or reneWed Person, if the institution has to ply it not for hire but to meet its own require- ments of conveyance and tran_portation and in such a çase it shall | be lawful for the municipal authority to grant a driving licence toa person other tho the owner of th: cycle-rickshaw giving full particulars of the owner and t driver engaged to plyit with a photograph of the driver. The body of se cycle-rickshaw will be painted yellow.
5. (/) Any person who is found to be in possession of a cycle-ri ckehoe without a licence conforming to the provisions of this Act or plies or causes it to be plied by a person without a valid driver's l1cence 1ssued under any la for the time being in force or plies or causes to be plied a cycle-rickshaw meant to be plied for hire without painting the body thereof in yellow shall be punishable with imprisonment which may extend to three mont hs.
(2) Notwith tanding anything cTntained to the contrary in the Code of Criminal Procedure, 1973 (Act II of 1974), an offence under this Act shall be cognizable.
6. () If any person is convicted of an offence under section 5, the Court sball declare the cycle-rickshaw in respect whereof the offence is committed to be forfeited to the State Government. lot
(2) If the owner of a cy cle-rickshaw cannot be tra ced, the court before whom the cycle-rickshaw is produced shall declare it to be forfeited to the State Govermment.
7. () The State Government may by notifi cation make rules for carrv ing out the purposes of this Act. 2s447LR.(P) Govt. Press, Chd.
(2) Every rule made under this section shall be laid as soon as may be after it is made before the House of State Legislature while it is in session for a total period of ten days whi ch may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in whi ch it is so aid or the su ccessive session aforesaid, the House agrees in making any modifi cation 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 ot be of no effect, as the case may be, so however, that any su ch modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
S. S. KALHA,
Secretary to Government, Punjab, Legíslatíve Department. Exempti
Penalties,
Forfeiture,
Power to
make rules,
GO G (EXTRA NOV. 22, 1976 4 150 PUNJAB, CHUN. I. 1898 SAKA
— mo
fihetandineg anything contained in this Act, a licence j . {) T rtie narte d tcawidoworto a disabled Person Yogpes) of oye otha person if thisis the only source of her or his livelihogq w g 1 Nod sha be lawful for the mun pal authority to grant and n jen a a8ys § person other than th: owner of the e-rickshaw, giving Fai DE of the owner and the driver engaged to ply it with a photograyg
o h driver. o be sant
> 1 cle-rl SIS Pp > e or si respect a ycle-ricksh w ay also Chey,
by D5 Tes le ry to n u 2 B pl hroug a
i In itut i { me t n req: 2 > ion has l t ir o in .
ER LE ranspos ationand n such a case it shal) be lawfy
for th: municipal authority to g a d v n licen to a p ot er than
the owner of tha cycle-rickshaw g v n Lo of Gs OWnher and the driver engaged to ply it with a photograph of the driver. such &
c e-rickshaw will b n ed y low
. Any person is ound n sion le DyDe Wan © h i of this Act or pli ait to ed son i h a valid drivers licence issued Under any law for the time being in force or plies or s o ycle-ri Ckshaw no meant obe plied i ut painting the body thereof in yellow shall be punishable with m r ent hi to three months.
(2) Notwitht i t i rat i o the contrary in the Code of Criminal cedure, 1973 ct 74),an offence under this Act shall be cognizable.
6. (I) If any person is convicted e er 5, ougth l decl r l c ect hereof e is C mit ed to feited o h e o .
(2) If the owner cle-ri shaw ot be a d, the court before wh the cycle-ri ced al eclare rfeit d to the State overnment,
7. (I) he tate overnment a notifi ake les for carry- ing out the purposes of this ct.
(2) | Every rul ade nder i ct n al ay be after itis ade before ouse f tate egislature hile it in ssion fora total peri d f ays hic a e mprised r in two or more successive sessi ns if, befor pir f ss n in which itis so laid or the cces ive ssi n foresaid, ouse grees aking any modificatioin t l r ouse agrees at l ould not be made, the rule shall thereafter ave effect nl i odified or be of no effect, ast e case ay be, owever, t at c odif cation or annulment shall be without prejudice t t e validity of anything previously done nder t at rule.
S. LHA,
Secretary to Government, Punjab, Legislative Department. 26447LR (P) Govt, Pres , Chd.
2