The Tamil Nadu Hackney Carriage Act, 1911

The Tamil Nadu Hackney Carriage Act, 1911 Act 5 of 1911 Keyword(s): Hackney Carriage, Driving, Horse, Year of Registration, Hand Rickshaw Amendment appended: 16 of 1999 DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. (TAMIL NADU) ACT No. V OF 1911'. (Received the ass& of the Governor on the 16th June. 191 1 an& thut of the Governor-General on tibe 7th Jwly 1911; the went of the @vernor-Ger)~rd was $rut publiaM in the Pwt. St. Ueorge Q@e of th.~ 8th A4~gwt1 911.) An Act to amend and declare the Law for the R~gulationo f Hackney Carriages. P#enrnb~e. W~roarsasit is expedient to amend and declare the law relating to the regulation of haokney oarriages; It is hereby emoted as follows:- 1. (1) This Act may be called the '(Tamil Nadu) 'Ntle. Hackney Carriage Act, '19 1 1. y(2) It extends to the town of Madras. 1 Them words were substituted for the word "Madrea" by bhe Tamil Nadu Adaptation of Laws Order, 1969, as amsnded by the Tamil Nadu Adaptation of Laws (Eleoond Amendment) Order, 1~69w,h ioh aame into foroe on the 14th January 1969. a For Statement of Objeote and Reasons, aes Fort St. George ~ a ~ t19e11,, E xtraordinary, p. 37 ;f or Report of Seleat Committee us aid, 1911, Pt. IV, p. 285 ; for Prooeedings in Council, see ibid, 1811, Pt.IV,pp. 84and463. Thir Aot war extended to ths merged State of Pudukkottai by motion $of, and the First Sahedule to, the Tamil Nedu Korged St&- ( ~ w BA)O ~1P94 9 ( T dN fdu Aot X n Vo f 1949). This Aot war extended to the Ksngak~marid istriot and the &hencottah feluk of the T ~ l v e ldiis triot by seation 3 of, a d bhe First sahadule to, tho 'Jh~Nl adu ('hmderred Territory) Extension of Lawn Act, lee0 (Tamil Nadu Aot 23 of 1960), whioh into foroe on the 1.t April 1961 repeading fie oorresponding Irwin form inthet territory. The WOZQ "in the Town of hbBdr8~" omitted by settion 1 of the Madras Btage Carriages and Haokney Ca~~ia(b~ou d. men&A) ct, 1924 (Medrar Act 111 of 1924). I 4 Sub-aeotion~( 2) end (3) were subrtitubd for the original rub-re&ona by reation 4 of the %dram Stage Oerria% s md H,,C~. .UY asiy. (mdmont) 1914 W~drtul ot of igsq. 1811a T. N. Aet V] jfiackneg Carriage 697 ' (3) (i) The '[State Government] my, by LO,,^ notific&tion,e xtend to such other parts of the '[State of extent* Tamil Nadu] as it may think fit all or any of the provi- sions of this Act from a date to be specified in the notifi- cation, which shall not be less than three months fkom the date of the notification : Provided that no such notification shall be issued unless notioe of the proposed extension inviting objections thereto shaA have been published not less than two months previously. (ii)T he [State Government] may, by notification, cancel or modify any such notification as is referred to in clause (i)]. 2. The Madras Hackney Carriage Act, 1879, ia xeperl. Mmbr hereby mpealed. Act 111 of 1879. 3. In this Act, unless there be something repugnant Dofini. in the subjeot or oontext,- tione. (1) "C~mmissioner'm~ eans the Commissioner of .yco-h- Police appointed *[for the City of Mad~as]. a~oner." '[(l-A) "Deputy Commissioner "means the Deputy "Deputy Commissioner of Police (Traffic and Licensing) in the Commir- City of Madras.] rioner". (2) "Magistrate " means any magistrate having "Magi* local jurisdiction in any area to which this Act extends. trote." 1 The words "~rovinoial Government" were nubstituted for the words "Local Uovernment" by the Adaptation Order of 1937 and the word "State" Was substituted for "Provinoial" by the Adaptation Order of 1960. ' Thie expression was substituted for the expression "Preri- dency of Mndras" by the Tamil Nadu Ada tation of Laws Order, 1970, whioh wns deemed to have come into &roo on the 14th Jantr- rry 1970. 8 These words were substituted for the words, and figures "under the Madrm City Police Act, 1888," by section 3 (1) of, and the Seoond Schedule to, the Tamil Nadn Repealing and Amending Act, 1961 (Tamil Natlu Aot XIV of 1961 ). 4 'M olew was inaerted by section 3 of the Tamil Nadu Hsokney M a g s (Amendment) Aot, 1964 (Tam11 Nadu Aot 21 of 1964). 698 Hackney Carriage [1911: T. N. Act V "IIuakney (3)l ["Hackney carriage" means- Curriago." (a) any hand-cart, not owned by the State Governrnellt ; (b) any whceled vehicle (includinlg a cyclt- rickshaw), not owned by the State Government, which-] (i) is drawn, pushed or propelled by a mall, or is drawn by a horse, bullock or other animal; (ii) is used for the conveyance of any person; and '[(iii) stands, or plies for hire by the hour or day or according to distance, but does not include a hand-rickshaw ;] [(4)] "Drivingyyi ncludes '[drawing, push- "Driver." ing or propelling] and "driver" includes any pemon who drives, '[draws, pushes or propels] any hackney carriage. '[(6)]" Horse" includes mule or pony. ''Home." a[(6)] " Year of registration" means the "Year of rcgle- trntion." y-e ar ending with the thirty-first day of March. 1 These words, letters and braoketa were subetituted for the words and braokets "Hsokney omriagemm eans any wh~led vehiolo (inoluding e oyole-riohhaw), not owned by the Stab Gbvernment, whioh-"by eeotion 3 of the Tamil Nedn Heokney Carriage (Amendment) Aot, 1964 (Tamil Nadu Aat 21 of 1964). This sub-olauee was substituted for the original sub-oleuae (iii) by motion 2 of the Tamil Nadn Hsokney Ce~iepe(~mendment) Act, 1973 (Tamil Nadu Aot 41 of 1973). Sub-seation (4) was omitted and sub-sections (S), (6) and (7) were re-numbered as sub-seotions (4), (6) and (6) reepeotively by motion 6 of the Madras 8 e Carriagee and Haokney Carriage (Amendment) Aot, 1814 (&%as Bob lII of 19%). 4 These words were substituted for the words '.&wing or pushing" by section 2 (i) (b) of the Medres Backney M g e (Amendmmt) Aot, 1949 (Madras Aot XXXIII of 1949). 'Them wordm were eubstituted for the words "drage or pusher" by ibibil. It 19ii: T. N. Act V1 H w h y Cadwe 399 1LCHAPTER I-A. 3-A. Notwithstanding anything contained in Prohib,tioll this Act, no person shall, with effeqt drawing h from the date specified in a notification issued in this pushing hend behalf by the State Government, draw or push any riokbllLw' hand-rickshaw. 1 8-B. h y person who contravenes the P.,mlt,. . , provisions of section 3-A shall be punishable with imprisonment for a term which may extend to three I months, or with fine which may extend to five hundred rupees, or with both and the hand-rickshrtw used ) . in contravention thereof shall be liable to con&- mtion.] CHAPTER 11. 4. Every hackney oarriage shall be annually Annual registered by the 'peputy Commissioner]. registration corn pulsory. 5. (1) Any person who ia desirous of having A~~~~~~~~~~ any vohicle registered as a hackney carriage shall for registry. apply to the '[Deputy Commissioner], and ahall submit such vehicle for such inspection as the 3[Deputy Commissioner] may direct. (2) The ycrson in whose name any carriage is registered shall be deem( d to be the ounc r of such oarriage for the purposes of this Act. I 1 Thir ohaptor was inserted by section 3 of the Tamil Nadu Haakney Wage (Amendment) Act, 1973 (Tamil Nadu Aat 41 of 1978). a Thm word# wero subdtitutcd for the word "Cc~mmissioner" by seotiol a of tho TamilNadu Hackney Carriage (Amendment) Aob, 1964 (TdlNsduA ot 21 of 1964). 700 H&y Om*uge [191l : T. N. Aat V 6. Every applicant under seotion 6 shall be Right to entitled to registration unless the 'Peputy Commis- registry. sioner] 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 : aprovided further that the lpeputy Commis- sioner] shall have power- (i) to limit the number of vehicles of eny dee- cription which may be registered annually, in which case no vehicle of that description shall be rcgietered in any year in excess of the number so limited ; (ii) to refuse to register vehicles of a partioular description, in which case no vehicle of that desorip- tion shall be registered.] Grant of 7. (1) The lpeputy Commissioner] shall at the carriage Lcence. time of registration deliver a licence duly signed by him to the applicant. Currency of (2) A licence' granted under this section shall Iieence. be in force for the year of registration. Form of lioonco. 8. The following particulars shall bc entered in the register and in the licence to be given to the applicant :- Pirst.-The number in the register of the hackney carriage. Second.-The name and reeidenoe of tho. ownor drllCS.t he place where the oarriage is kept, 1 These words were substituted for the word ‘*Commissioner" by section 2 of the Tamil Nadu scrokaey Umiage (Amendment) Act, 1964 (Tamil Nadu Aot 21 of 1964). 2 $or the proviso edded by motion 2 of the Madrerr Raoknoy Carriage (Amm+ent) Aot, 1841 ( ~ a b sA ot I of 1911), tho ~ m n ptro viso was aubrtltuted end re-enaated permanently by aection 3 of, and the Seoond Sohedule to, the ~ - 1~ f i ~ Re-emoting (NO. 11) dot, 1848 (Tamil Nadu A& =,of 1M8). 1911 : T. N. Act V] Hackney Carriage 701 Third.-A description of the carriage. Pourth.-The number of horses or other animals to be employed in drawing such carriage and, if the carriage is drawn llpushed or propelled] by men, the number of men to be so employed. &j R(fth.-The g-%n$qt9f ers such carriage is licensed to G&1wJljcensed under * hr...* '[Si~th.-The minimum of hand- 8 cart. 8evmfEb.-Tho date of the licence.] '[O. A fee shall be paid ko the Deputy Commia- forliocnce, eioner for each licence in accordance with the follo- ing aoale :- RS. P. (a) for every four-wheeled carriage 10.00 drawn by two or more horses licensed to carry more than six passengers. (b) For every other four-wheeled 6.00 carriage drawn by two horses. (e) For every other four-wheeled 2 .OO ,carriage drawn by one horse or by bullocks. (d) For every two-wheeled carriage 1 .OO drawn by one horse. -- 1 Ttietm words were substituted for the worde "or pushed" by aeotion 2 (ii) of the Madras Reokney Carriage (Amendment) Acb, 1949 (Madras Aot XXXIU[ of 1949). 1 Them word8 were eubrtituted for the words uSbth.-The date of the lioenoe." by motion 4 of the Tamil Nadu Haokney Oarriage (Amendmsnt) A&, 1964 (Tamil Nadu Aot 21 of 1964)., 8 Thin Wion war mbrtitnted for the original roction 9 by reotion 6 ,*bid 702 Hackney Carriage [I911 : T.N. Act V as. P, (e) For every two-wheeled carriage '0.5 drawn by one or more bullocks. * * * (f) For every '[ ] cycle- 0.26 rickshaw, perambulator or other carriage drawn, pushed or pro- pelled by a man. .. .. (g) For every hand-cart 0.251 Supension 10. The =[Deputy Commissioner] may suspend for OfD laiopeuntyo e by auoh period as he thinks fit the licence of any hackney &~nmi,i.nm~ carriage, whenever it appears to him that such oarriage or any animal or harness used therewith is unfit for pnblio use. 11. On any hransfer of a hackney carriage the Transfer of registry. transferee shall, if he desires to use it as such, within one week of the date of the transfer, apply to the z[Daputy Commissioner] for transfer of the registry giving him the particulars speoaed in the first three olauses of section 8. Notice of 12. (1) Whenever the owner of a hackney carri- ohange of age changes his residence, or the place where such reridenoe, ebo., to be c&rria.gei s kept, he shall within one week from the given by date of such change forward his licence and give lioemee. to the P~puliCyo mmissioner] a notice in writing signed by him speciffig the new residence *place. Penalty. (2) Every such owner who neglects to forward his licence and give such notice shall be liable to a fine not exceeding twent y rupees. The word "Riokahaw" was omitted by motion 4 of the Tamil Nadu Haokney Carriago (Amendment) Aot, 1973 (Tamil Nadu Aot 41 of 1973). These words were substituted for the word "Commissioner" by seotion 2 of the Tamil Nadu mkney Carriage (Amendment) Ad, 1964 (Tamil Nadu Ao? 21 of 1961). 1911 : T.N. Act VJ Hackney Carriage 703 18. The l peputy Commissione r], on : rece : iving 2Transfers the application or notice specified in either of the two last preceding sections, shall make the necessary 6, b, regist.nd. alteration in the register and the licence and return the licence ; and a fee of '[fifteen paise] shall be pay- able in respect thereof. E,"$,"c $[I4 Whoever keeps any hackney carriage, which for has not been duly licensed under this Act, shall, on unli~e"~ed conviction, be punishable- haa@ey oarrlago. (a) for the first offence with h e which m g extend to fifty rupees, and (b) for the second or any subsequent offence with fine which may extend to iifty rupee8 and the hackney carriage in respect of which the second or any subsequent offence ha8 been committed may be confiscated to the Bhta Government.] 15. (1) Upon the registration of any hackll~yN umbering ~~'~~~y oarriage the '[Deputy Commissioner] shall cause to be painted on some conspicuous pcrt of the carriage or on a plate to be affixed on some conspic~~oupsa rt of the carriage its number in the register (i) in the case of any hacknoy carriage other than a hand-cart, the number of passengers such carriage is licensed Go carry ; @)+int he case of any hand-cart, the maximum laden weight such hand-mrt is licensed to carry.] "Rwm words were mbstituted for the word" Commiesioner" by seotion P of the Tarril NBdu Hackney Carriage (Amendment) Act, 1984 ('Tamil Nedu Aot 21 of 1964). These worde were substituted for the words "two cbnnos" bym tion 6, W. This section was substituted for the originel section 14 by seotfon 7, ibid. 'Thee0 words figures and brackets were substitutod for the words " and the dumber of pessengers it is licensed to carry " by reotion 8, ibid. 704 Hmky Carriage [I911 <T.N. Act V ~euewalo f (2) If the words or figures so painted become inreription or indistinct or are obliterated during the term of the plde. licence, the owner of the carriage sbdl be bolind to produce it before the l[Deputy Commissioner] and apply to have such words or figures renewed. If the plate so af3xed shall have been lost or stolen, the owner of the carriage shall be bound to apply to the lwputy Commissioner] to have a new plate aifixed. The oharge for such painting or new plate shallbe '[twenty- five paise]. Return of 16. (1) On the expirdion or other determination plaC on of the period of registration, the owner of every eapiry of liemnoe. haokney oarriage shall cause the plate of such hackney wrriage tob e delivered to the [Deputy Commi~sioner]. (3) A,ny person who, afte~t he expirafion of Pendty. the period aforesaid, wilfully omits for fourteen days Co deliver the plate to the said officer, ahall be liable to a h e n ot exceeding twenty rupees. 17. (1) Every person who shall, for the purpose Penalty for of deception, use or have any plate resembling or in- usinlo~o untem foit plate. tended to resemble anv plat0 affixed under this Act, shall be punishable with-fine which may extend to fifty rupees, and in the case of a subsequent conviction under this section with fine which may extend to one hundred rupees or with imprisonment for a torm which may extend to one month. (2) Any police-officer may seke and take away Sei~ureo f oounte~feit any plate used or bad as aforesaid, wheresoever the plak. same may be found, and deliver the same? to the @6puty Commissioner]. 18. If any hackney oafiiage stands or plies for Ppleydinwgf efro r hire without a plate or legible insoription 88 pres- hire dth~ub oribed by section 16, the owner thereof shall he liable p1.k. to a fine not exceeding twenty ~upees. - -. \ 1 These words worn rubrbituted for the word agCommissioner' by geobion 2 of the Tamil Iadn HsokPey hiage (Amendment) &t, 1964 (Tamil Ndu A.e$ 21 of lea&). I These .words wem rubrtibukd for tho word. "four mum*" ? y leotion 8, ibid. 1911 : T.N; Act V] Hackney Cam'age 706 CHAPTER 111. I . 19. (1) It shall be liwful for the '[Deputy Com- Grant of driver'e missioner] to grant a licence to act as driver of any licence. hackney carriage to any applicant whom he may consider fit. Form0 (2) Eveqr such licence shell contrtin- licence. the number of the licence, the name, place of abode and age of the person to whom such licence is granted, the description of oahiage and animals, if any, to be used therewith, and the date on which the licence was granted, and shall bear the signature of the lweputy Corn- missioner]. '[(3) Buch licence shallbe in force for the year of registption nnd the fee payable therefor s b U be one rupee and fifty ~aiseu nless the licence relates solely to- (i) a oyole-rick~hawi,n which case the fee shall be thirty paise ; and (ii) any other carriage of the description specified in clauses (f) and (g) of section 9, in which case the fee shall be forty paise]. Particulm 20. The particulars of every licence which shall of Iicence be granted under the provisions of section 19 shall to be be entered in e register by the l[Deputy Commis- regisbred- These words were subsoituted for the word '' Commissioner " by section 2 of the Tamil Nadu Hackney Carriage (Amendment) Act, 1964 (Tamil Nadu Act 21 of 1964). * This aub-seotion was substituted for the original sub-section (3) by section 2 of the Tamil Nadu Htwkney Carriage (Amendment) Act, 1968 (Tamil N ~Auct 1 4 of 1968). For the words " one rupee andeight annes,'9ands1~iexn ncts"in this sub.section,the ~0rd~"one rupee end fifty paise and forty paise " respcctivelg and for the words, letter and " b racke " ts in clause (f)'' the words, letters and brackets '' in clauses (f) mnd (g)" had earlier been substituted by seation 9 of the Tamil Nadu Hackney Carriege (~mendment) Act, 1964 (Tamil Nsdu Act 21 of 1964.) 126-19-46 706 Hackney Cmige [I911 : T.N. Act V sioner], and every person applying shall be furnished with a certified copy of such particulars on payment of a fee of Itfifteen paise]. Penalty for 21. Sf at any time fifteen days after the time dri i ng when a licence should have been obtained any person without acts as the driver of s hackney carriage without having lioenoe or lending a licence in force for the time being, or, having a licence, lioenoe. fails to carry it with him when driving a Lmkney carriage or transfers or lends it or allow^ it to bo used by any other person, he uhall be liable to a penalty noti exceeding tweniy rupees, Suspension 22. The Speputy Commissioner] m3y suspond for oflioence by such period as he thinks fit the licence of the driver Deputy &,,mmiwioner,3 of a haokney carriage whenever in his opinion such driver is unfit to be so employed. Penalty for 23. The owner of a bckney carriage who knowingly suffering unlioonmd suffers any person, not d~dyli censed under this Act, pereon to drive. to act as driver of such carriage shall be liable to n penalty not; exceeding fifty rupees : Proviso. Provided that such owner and such unlioensed driver shall be subject to all the provisione of this Act for any aot done or omitted to be done by sucll driver during such emplopent in liko manner as if such driver had been duly licensed. 8upply of 24. (1) The '[Deputy Commissioner] shd l, at the bad@ driver- time of granting a licence to any driver of a hackney carriage, furnish him with s metal badge punched or marked with the number of his licence,, (2) Every driver to whom such badge is deli- Driver to wearbedge. vered shall, at ell times while acting cs driver, or while attending before any magistrate, wear such badge exposed to view. ' 1 These words woro ~ubstit,utedf or tho words "two mnas " by seotion 10 of the Tamil Nadu Hackney Carriago (Amendment) Aot, 1904 (Tamil Nadu Act 21 of 19041. 2 These words were substituted for th&w ord " C o m r n i ~ ~ i ~ ~ ~ ~ " by seotion 2, ibid. 911 :T .N. Act V] Hackney Cavlage 707 (3) In case any suoh driver omits to wear PenaBy. such badge-exposed to view while acting as driver or attending before a magistrate, he shaU be liable to a penalty not exceeding ten rupees. (4) Whenever bhe number on any badge becomes Renewal OF indistinct or is obliterated during the term of the licence, and also whenever any badge is lost or stolen, badge. the person to whom the licence relating.to any such badge has been granted shall deliver suoh badge or nobify its loss and shall produce such licence to the l[Deputy Commissioner], and such person shall then be entitled to have a new licence and badge delivered to him upon payment of '[the fee mentioned in sub- section (3) of section 191. Such new licence shall be in force for the year of registration. (6) Every person licensed under the authority ~onalty. - of this Act who uees or weam the badge granted to him after the writing thereon has become indistinct or obliterated shall be liable to a fine not exceeding ten rupees. 25. (1) Upon the expiration or other determi- R,~,,, of nation of any licence granted to a driver under this :expi~red g Act he shall deliver such licence and his badge to the and l[Deputy Commissioner]. (2) Every driver who neglects for three days Penalty- to deliver such expired licence and badge to the q ~ e ~ omumt mi~ssio ner] and dso every person who wee, or wears, or fraudulently detains any such expired licence or badge, and every person to whom any expired licence or badge has been delivered who lends, gives away, mortgages or sells such badge to any other person and every person who detains, wears or uses any licence or badge of any other person shall be liable to a penalty not exoeeding twenty rupees. - 1 These words were substituted for the word " Commissioner " by eeotion 2 of tbe Tamil Ndu Hackney Carriage (Amendment) Aot, 1964 (Tamil Nedu Act 21 of 1964). * 'L'hew words and figures were sub~titut~ofdor tho words and agnre g'half the fee mentioned in section 9" by section 8 of the MAdres Stage Cerr'8 e s and Haokney Carriage (Amenkent) Aot, la24 (Madram Aob of 1924). 126--19--46~ 708 Eachey Carriag . e [loll. : T.N. Aot penalty . OD 26. Every person who for the purpose of dece- wing oourJ- ption uses or wears any badge resembling or intended terfeit badp. to resemble any badge granted under the authority of this Acb shdl be punishable with fine which may extend to fifty rupees, and in the case of subsequent a, oonviction under this section with h e which may extend to one hundred rupees, or with imprisonment for a term which may extend to one month. Beiaure of 27. Any police officer may seize and take away erpired or oounterfeit any expired or counterfeit badge, or any badge in -0. respect of which an offence under section 25 has been committed, wheresoever the same may be found, and deliver the same to the "Deputy Commissioner.] Penalty for failing to 28. Whenever any driver is summoned to appear produce before any magistrate to answer any charge preferred licence before against him under this Act, he shall carry with him magistrate. his licence, and produce the same if required so to do ; and any driver who on such requisition refuses to produce such licence shdl be liable to a fine not exceeding five rupees. Oonx ictions 29. On the conviction of any driver for any offence under Act to under this Act the magistrate shall cause to be endorsed on his licence the nature of the offence, the date of the conviction and the amount of the penalty-i&icted. Cancellation or 30. (1) On the conviction of any driver for an9 suspension of offence under this Act the magistrate may direc lioonae On the cancellation of the licence of such driver conviction. or its suspension for such time as he thinks fit. Return of (2) For such purpose he may require the driver licence Or or any other person who may be in possession of the badge on lioence or badge to deliver up the same. . Penalty. (3) If such driver or other person refuses or neglects to deliver up the licence or badge, he shall be liable to a penalty not exceeding ten rupees. These worde were subst:tuted for the word "Commissioner " by motion 2 of the Tamil Nedu Haokney Carriage (Amendment) Aot, 1964 (Tamil Nrtdu Aot 21 of.1964). I 911 : T.N.A ct V] Hackney Carriage 709 (4) The magistrate shall forward every licence i%fagi;trate to and every badge delivered up to him under sub-see- communioate tion (2) to the l[Deputy Commissioner] together with sfoenrwteanrcde and a memorandum of his sentence in the ease. licence and badge to '[Deputy Commiswoner] (6) The l[Deputy Commissioner] shall enter the fact of suoh sentence in the register referred to in Action to be section 20, and shall either suspend or cancel such taken by licence according to the direction of the magistrate; C'[ODmempu,,,etryl. snd if it has been suspended, the '[Deputy Commis- sioner] shall on application, at the end of the period of suspension, re-deliver such licence or badge to the person to whom it wm granted CHAPTER IV. 31. (1) The owner or driver of every hackney carriage may demand and receive for the hire of such Maximum carriage such farm as may be fixed and published by ~ ~ < ~ ~ n e ~ the l[Deputy Commissioner] with the sanction of the carriages. 1 2[State Government] duly notified : Provided that any agreement entered into tio accept a fare lower than the fare SO fixed shall be bind- Contract for ing. lower fare to be binding. (2) No owner or driver shall demand or receive over and above the said fare any sum for back fare ~acfkar es for the return of the carriage from ths place at which Prohi"ted. ib was discharged. 32. No agreement made with tihe driver of my Contract for higher fare hackney carriage for the payment of more than the invalid. fare published in accordance with section 31 shall 1 These words were':subetitubd for the word "~ommissionea" by section 2 of the Tamil Nadu Hackney Carriage (bendmen$) I Act, 1964 (Tamil Nadu Act 21 of 1964). 2 The wort: "Provincial Government" were rmbaticrted for the words Local Government " by the Adeptabion Order of 1937 and the word " State " was substituted ion "Provinosll" by tho Adaptation Order of 1960. 710 Hackney Carriage [I911 : T.N. Act V be binding on the person making the same, and any person, notwithstanding such agreemenb, may .refuse on discharging such hackney cmiage to pay any sum beyond suoh fare. If in pursuance of such agree- ment any person reoeives-any sum exceeding the Penalty. fare allowed, he shall be liable to pay a fine not exceed- ing ten rupees and also to refund such excess, which shall be recoverable w if it were a fine. Publication 33. (1) The l[Deputy Commissioner] shall cause to of authorized farm be prepared a list in English'and Tamil or other vema- distances. cular language of the fares published under section 31 and shall annex to such list a table showing the distances between the principal places to md from which hackney omriages commonly ply. The distances so shown shall be presumed to be correct. Copies of (2) Copies of suoh list and table shall be issued publiehed to dl applicants on payment of fee for each copy soale to be available for of a[twenty-five paise] or of such other sum sale. as the *[Deputy Commissioner] subject to the control of the '(State) Government may prescribe]. Driver to keep oopy of (3) The driver of every hackney carriage stand- published ing or plying for hire ahdl have with him a copy soale and of such list and table and shdl on demand produce produoe on demand. the same for the inspection of any police officer or for the information of any hirer of, or passenger by, his carriage under pendty on conviotion by a magis- trate of a fine not exceeding ten rupeos. 1 These words were substituted for the word " Commissioner " by seot~on2 hf the Tamil Nadu Ifeokney Carriage (Amondment) Aot, 1964 (Tamil Nadu Act 21 of 1904). . 2 These wordfi we;: substituted for the words " a fee of two ennas for eaoh oopy by eeotion 2 of the Madras Hsnkney Carriage (Amendment) Aot, 1947 (Msdrae b t XVII of 1947). " 3 These words were substituted for the worde four e~8"e by section 11 of the Tamil Nsdu Haokney Carriage (Amendment) Aot, 1964 (Tamil Nedu Aot 21 of 1364). 4 Thia word was eulmtituted for tbe word " Provinoial " by the \ rlsptatlon Order of 1960.. 1911 : T.N. Act V] Hackney Cadage 711 84. (1) The driver of every hackney carriage stand- ~ ~ ~ ~ m w ~ ~ r ; ing or plying for hire shall drive such carriage to driver ir bound any place named by the hirer which is not more than to drive. three miles from the place of hiring in the case of Cf) vehicles of the desoription specified in clause of section 9 and six miles in the case of any other vehiole. (2) When any such carriage is hired by time, Minimum upeed the driver thereof shall drive the same atla rat e:: :fo hi*d by speed not less than that prescribed by the lpeputy Commissioner]. (3) A driver failing, without, reasonable excuse, Penalty. to comply with the provisipns of this section, shall be liable to a fine not exceeding ten rupees. S. The driver of every hackney carriage '[other Quantity of than a hand-cart] shall carry in or upon such carriage 1 without additional charge such quantity of luggage for every person hiring the same as may be pres- oribed by by-law under this Act. I a [35-A. (11 The maximum laden weight of, and Maximum laden ~ ~ , " ~ ~ the height of a load om,a hand-cart shall not exceed hand* suuh limiO as may be prescribed by any by-law made under section 60. (2) No ,person under the age of eighteen years shall drive a hand-cart, whether by himself or along with others. (3) If any hand-oart is driven in contravention I of the provisions of any by-law made under sub- section (1) or of the provisions of sub-section (2). any porson who so drives it and also any persc~n 1 These words were substituted for ;the word "Commimio- ner" by section 2 of the Tamil Nsdu Hackney Carriage (Amend- ment) Act, 1964 (Tamil Nadt Act 21 of 1964). 2 These words were inserted by section 12. ihicl. 3 Thissection was inserted by soction 13, ibid. 712 Hackney Cmriccg . e [I911 : T.N. Ast V employing him or in any way responsible for or abetting such contravention or employment, shall be punishable with imprisonment for a term a h'ch may extend to one month or with fine which may extend to fifty rupees or with both.] f P u e s n in a g lt y t f o o r r lo e t - 36. Any owner or driver of any hackney carriage haokney oarri- who demands more than the fare to which he is legally ~ 3f%or hire. entitled, or without reasonable excuse refuses to let auch carriage for hire shall be liable to a fine not ex- ceeding fifty rupees and to pay such further sum by way of compensation to the party complaining as to the magistrate m y s eem just ; and such further sum shall, in default of immediate payment, be.levied as if it were a fine. Penalties for 87. Every driver of a hackney carriage, who- vtbrious offonces 1 1 by driver. f (a) is drunk during his employment, j (6) makes use of insulting or abusive language or gesture, (c) stands elsewhere than at some stand or . other place appointed for the purpose or loiters for the purpose of being hired in or upon any public street, road or place, (a) wilfully obstructs, or hinders, the driver of any hackney carriage in taking up or setting down any person into, or from, such other carriage, (e) wrongfully prevents or endeavours to pre- vent the driver of any other hackney carriage from being hired, (f) refuses to admit and carry in such carriage the number of passengers the carriage is licensed to carny, (g) cerries more than such number of passen- gers, (8)r efuses to carry such quantity of lugqa. e as is provided by the by-laws under this Act, 1911 : T.N. Aot Vj Haobey Carriage 713 k (i) being hired, permits or suffers any person to be carried in or upon or about such hackney carriage i during such hire, without the coneent of the person hiring the same, (j)d rives in any hackney carriage any animal which is not so secured as to be under the control of the driver, k (k) being hired by time or distance, before he $ has been discharged by the hirer, wilfully deserts L 7 from the hiring, i. (1) plies for hire with any carriage or animal which shall at the time be unfit for public use, (m) without previously disinfecting it know- ingly uses for hire any carriage used for the conve- yance of a corpse or any person suffering from any contagious or infectious disease, '[(n)r efuses or neglects to give way, if he con- veniently can, to any other vehicle, (0) refuses to obey the reasonable directions of any person hiring his carriage,] shall be liable to a fine not exceeding fifty rupees, or to imprisonment which may extend to one month, or to both. 38. (1) When a complaint is made before a magis- Requisition to trate against the driver of a hackney carriage under 0-r to pro. this Act, the magistrate may, if the driver fails to duoeabsont driver. appear, summon the owner to appear and to produce the driver. (2) If the owner after being duly summoned fails withoub reasonable excuse to appear or to produce the driver according to the summons, he shall be liable to a fine not exceeding fifty rupees. 1 These 016-8 were inserted by seotion 14 of the Tamil 8.d. H~kneyCa rriage (Amendment)A ot, 1964 (Tsmil Nadu Aat 21 of 1964). 714 Hackney Carr{age , [1911 : T.N. Act V En parts dig- (3) If the owner fails without reasonable excusc posal of oom- to appear or produce such driver on a second ,or sub- plaint. sequent summons requiiing him to do so, the'magis- trate may dispose of the complaint in the absence of the owner and driver or either of them. 39. (1) In cpse of any dispute between the hirer Proaedure in oaae of diepute and the driver of any hackney carriage, either may between hirer require the other to proceed forthwith to the nearest and driver. magistrate's court ; and the then sitting magistrate shall hear and determine the dispute in e summary way. (2) If no ma!gistrate be then sitting, either party may require the other to proceed to the nearest police officer who shall enter the complaint in his diary and require the parties to appear before the magistrate at his next sitting. (3) On failure of either party to appear before the magistrate in pursuance of a requisition under - sub-section (1) or sub-seetion (2) or to attend the court at any subsequent sitting to which the case may be adjourned, the magistrate may decide the case ex garte, and his decision shall bc binding on both parties. Procedure in 40. (1) If any person who has hired a hackney to payO ff ar r e e . f uB&'c arriage refuses to pay to the owner or driver thereof the f m p ayable under this Act, the magistrate may order payment of such fare, and also of reasonable compensation for loss of time and in default of im- mediate,payment such fare and compensation may be recovered as a fine. (2) If any person who has used any such carriage Penalty. attempts to evade payment of the legal fare, or any portion thereof, he shall be liable to a fine not exceed- ing Hty rupees in addition to any payment which may have been ordered under sub-section (1). Penalty for de. 41. (1) Every person who wilfully tears, destroys, 4 fCrtoignge o rdestro- defaces, obliterates, or removes any plate, list of fares, ~ " ' ta6ble~ o~f d iatances, or driver's badge kept under the of feree. provisions of this Act, shall be liable to rt fine not exceeding twenty rupees. 1911 : T.N. Act Vl Hackney Carriage 7 16 (2) Any portion of the fine may be awarded to the person to whom such plate, list of fares, table of distances, or driver's badge belongs. 42. Every person using a hackney carriage who ponolty for wil- wilfully injures the same shall be liable to a fine not ful injury to exceeding Rs. 20, and shall also pay to the owner 2"";Y mrri- such compensation for the injury as the magistrate may direct; and such 'compensation shall bo leviable as if it were a fine. 43. [Repealed by Madras Act III of 1924.1 44. (1) The '[Deputy Commissioner] shall appoint ~ ~ $ ~ s 9 C a m i - a sufficient number of public stands for hackney car- riages. t (2) Every public stand so appointed shall have a board placed in a conspicuous place on the same containiig a notice in English and Tamil or other vernacular language stating that the stand is a public stand under this Act, and specifying the num- ber of carriages that may stand upon it. , CHAPTER V. #. (1) The owner or driver of every hackneyDe ,,it ,ith carriage wherein any property is left by any to~Fofzoee:o 'f np m- shall, within eighteen hours, carry such property in the nearest police-station and deposit it with the aarrisges. inspector or other officer on duty, and shall be enti- tled to a receipt duly signed by the officer taking charge of the same. (2) Any such owner or driver making default therein shall bc liable to a fine not exceeding Rs. 20, or to imprisonment for a period which may extend to one month, or to b~th. 1 Theae words were substituted for the word "Commissioner" by section 2 of the 'famil Nadu Hackney Carriage (Amend- ment) Aot, 1964 (Tamil Nedu Act 21 of 1964). 716 Hackney Carriage [I911 : T.N. Act V Police to 46. (1) The said officer shall forthwith enter, in regieter a book to be kept for that purpose,- partioulars of property (a) the description of the property; deposited. (b) the name and address 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 regis- tered number of the carriage; and (d) the day and hour when the property is brought end gra.n t reoeipt and shall give to the person bringing the property a receipt for the same. (2) Such property shall be delivered to the per- Return of property to son who satisfies the '[Deputy Commissioner] that it owner. belongs to him upon payment of all expenses incurred by the owner or driver, together with such reasonable sum as the l[Deputy Commissioner] may award: Provided that if the property is not claimed and Sale of unclaimed the ownership established within six months from the ProPrtY. da,te of deposit, the lpeputy Commissioner] may oause the property to be advertised and sold by publio auction; and the proceeds, after deducting the expenses, together with such reasonable sum as the ljJ)eputy Commissioner] may award to the owner or driver, a[of the hackney carriage] m yb e forfeited to the "Stab Government]. '[Provided further that if the property is subject to speedy and natural deoay, the Deputy Commissioner may oame the property to be advertised and sold by public auotion, and the proceeds, after deducting the expenses, together with such reasonable sum the Deputy Commissioner may award to the owner or ,1 7 1 Theee words were substituted for the word " Commiesioaer" 1 lrJT emtion 2 of the T&l Nedu mkncy carriege (Amendment) A&,, 1964 (Temil Nedu Aat 21 of 1964). 1 4 Them words were ineerted by eeotion 16, &id. 8 These words were eubetituted for the word *' Qov-m.nq ** by ibid. 4 This proviso was inmted by eeotion 16, ibd. . i9li': T.N, Act V] Hackney Carriage 717 driver of the hackney carriage, shall be paid to the - i owner of such property, if such owner establishes his claim to such proceeds and if the amount is not 1 claimed within six months from the date of deposit- I it may be forfeited to the State Government.] '[CHAPTER V-A. 46-A.A ny person aggrieved by any order of the ,ppo8,. Deputy Commissioner- ! (a) refusing registration of any vehicle under section 6 ; or - (b) suspending the licence of any hhckney carriage under ~ection1 0 ; or (c) refusing the grant of a licence to act as driver of any hackney carriage under section 19 ; or (d) suspending the licence of the driver of a hackney carriage under section 22, , may, subject to such conditions and within such period as may be prescribed by by-laws made under section 50, appeal to the Commissioner and the order of the Commissioner on such appeal shall be final.] - 1 This Chapter wns inserted by section 16 of the Tamil Nadu Hackney Oarribge (Amendment) Aot, 1964 (Tamil Nadu Act 21 of 1904). 718 Bacbney Carhge ti911 : T.N. Aot V CHAPTER VI. I PROSECUTIONS. EXp arte diapo- 47. If in any proseoution kder this Act the person of c.r iminal charged does not appear as directed by the summons, oharges the magistrate may, upon proof of service and if no sufficient cause be shown for the non-appeaxance, proceed to dispose of the case in his absence. Limitation 48. (1) NO person shdl be liable to proseoution. restricting for any offence under this Aot unless the complaint criminal pro. respecting such offence be made within one month oeedings. next after the commission of such offence. Continuing (2) For the purposes of this section every omission offences. punishable under this Act shall be deemed to be a continuing offence so long as the omission continues. aompensation 49. Where the magistrrtfe is satisfied that a, com- for frivolous plainant has no reasonable ground for instituting a p*seaution. prosecution, he may direot the complainant to pay to the accused such compensation not exceeding fifty rupees as he thinks fit ; and the sum so awarded shall' be recoverable as if it were a, fine. CHAF'TER VII. BY-LAWASN D DBLEGATIONS, 50. The '[Deputy Commissioner] may, subject to Power to lnake by-lawe. the, approval of the '[State Government] and after previous publication, make by-laws not.i nconsistent with the provisions of this Aot with regard to- I (a) the examination and qualifications of drivers and the conditions under which they may be employed ; 1 These words were substituted for the word "Commissioner" by section 2 of the Tamil Nsdu Haokney Carriage (Amendment) ht, 1964 (Tamil Nadu Act 21 of 1964). 2 The words "Provinaial qpvernment " were substituted for the words ''Loas1 Uovem~~~nbty the Adaptation Order of 1937 and the word "State " h a s ubstituted for '' Provinoial " by the Adaptation Order of 1950. Y (b) the description of horses, bullocks or other animals, hmness and other things to be used with hackney carriages, the dimensions of such carriages, and the condition in which such carriage and the horses, bullocks or other animals, harness and other things used therewith shall be kept ; (c) the inspection of the premises on which any such omiagea, horses, bulloclis or other animals, harness and other things are kept ; (a) the protection of weak, lame and sickly horses, bullocks or other animals ; (e) the publication of a list of fares and table of distances and the regulation of the amount and weight of luggage to be carried with or without additional charge, '[ 1- '[(ee) the disposal of a[any hand-riclcshaw confis- catedunder section 3-B or] any hackney carriage confis- cated under section 14 and the proceeds thereof; (eee) the maximum laden wcight of, and the height of a, load on, a hand-cart ; (eeee) the conditions subject to which and the period within which any appeal under section 46-A may be preferred ;] df) generally for carrying out the purposes of this Aot: Provided that such by-laws shall not take effect until the expiration of one month from the date of their publication. 51. Whoever infringes any by-law shall, on convic- Penalty for tion before a magistrate, be liable to a fine not exceeding breach of twenty rupees. by-laws. -- 1 The word &'and"w as omitted by section 17 of the Tamil Nadu Hsckney Carriage (Amendment) Act, 1964 (Tamil Nedu Act 21 of 1064) a Tl~esec lnuaes were inserted by ~ection1 7, ibid. These words, figuro and lettur mere inserted Ly section 5 of the Tamil Nadu Beckney Carriage (Amendmont) -4ct, 1973 'Tamil Nadu Aot 41 of 1073,. 720 Hackney Carriage , [igli: T.W.A ct V '[52. Subject to the control af the State Government, Delegation o I Deputy Comma the Deputy Commissioner may delegate to any Assis- ssioner'0 funo- tant Cornmibsioner all or any of his functions ixnder in this Act in respect of the whole orany part of the City of Madras.] CHAPTER VIII. ' S[Disohsrge of 58. Upon the extension of this Act to my town or functions of place under sub-section (3) of aection 1 the s[State Commisei~neOr r Deputy Comnli- Government] shall appoint persons by name or by ssioner in muf- official designation to perform the functions of the assd.1 Commissioner '[or the Deputy Commissioner] under this Act. This section wee substituted for the original seotiott 62 by section 18 of the Tamil Nadu Hackney Carriage (Amendment) Act, 1964 (Tamil Nadu Aot 21 of 1964). 2 This marginal note was snbstituted for the original margins I note by section 19, ibkd. The words "Provincial Government" were substituted for the words "Loon1 Government" by the Adaptation Order of 1037 and the word "&ate" wes substituted for "Provinoid" by the Adaptation Order of 1960. Theee worde were inserted by section 19 of the Tamil Nadu Hackney Carriage (Amendment) Act, 1964 (Tamil Nadu Act 21 of 1964.)