Khyber Pakhtunkhwa Code

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Hackney Carriage Act, 1879

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Department: Local Government and Rural Development Department
Main Category: Acts
Specific Category Name: Law
Year 1879
Promulgation Date: 05-09-1879
Details:

 

THE HACKNEY-CARRIAGE ACT, 1879.
(Act No. XIV of   1879.)

 

SECTIONS.   CONTENTS.

1.                  Preamble.

2.                  Short title.

3.                  Interpretation clause.

4.                  Application of Act  to municipalities.

Power of committees to make rules.

Confirmation and publication of rules.

Power of Commissioner to rescind rules.

5.                  [1][* * * *]

6.                  Power to extend operation of rule beyond limits of muni­cipality or  cantonment.

7.                  What rules under section 3 may provide for.

8.                  Penalty for breach of rules.

9.                  Disposal of fees and payment of expenses.

10.              Power of Magistrate to decide disputes regarding fares

11.              In case of dispute, hirer may require driver to take him to Court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THE HACKNEY-CARRIAGE ACT, 1879.

 (ACT XIV 1879).

                                                                        [5th  September, 1879]

An

ACT

for the regulation and control of hackney-carnage in certain Municipalities and Cantonments.

 

           WHEREAS it is expedient to provide for the regulation and  control to  hackney carriages  in  certain cantonments;   It is hereby  enacted as follows:

Preamble.

 

1.         This  Act may be called the  Hackney-Carriage Act, 1879:

Short title.

 

 

2.           [2][Repealed]

              Nothing herein contained shall affect any power conferred by any law relating to municipalities, or any rule made in exercise of any such power.

2.        In this Act

Interpretation clause.

                       

"hackney-carriage" means   any   wheeled   vehicle  drawn by animals and   used for the   conveyance   of passengers which is kept, or offered, or plies for hire : and

"committee" means  a municipal   committee, or a body   of municipal   commissioners, constituted  under  the   provisions of any enactment for the time being in force.

3.  [3][The Provincial Government concerned may, by notification in the official Gazette, apply this Act to any municipalities in the,  [4][Province:]

Application of Act to municipalities.

When this Act has been so applied to any municipality, committee of such municipality may, from time to time, make rules for the regulation and control of hackney-carriages within the limits of such municipality, in the manner in which, under the law for the time being in force, it makes rules for bye-laws for the regulation and control of other matters within such limits.

Power of committees to make rules.

 

 

 

Every rule made under this section shall, when confirmed by the [5][Commissioner] and published for such time and in such manner as the [6][Commissioner] may, from time to time, prescribe, have the force of law:

 

Confirmation and publication of rules.

 

 

Provided that the [7][Commissioner] may, at any time, rescind
any such rule.

Power of Commissioner to rescind rules.

 

           

 

4.    [8][Repealed]

5.    The authority making any rules under this Act may [9][with  the  sanction  of the Commissioner] extend their operation to any  railway-station,  or specified part of road not more than six miles from the local limits of the municipality  [10][* * *] concerned:

Power to extend operation of rule beyond limits of municipality or cantonment.

          [11][* * *]

6.    The rules to be made under section 3 [12]| * * *] may, among other matters,—

What rule under section 3 may providefor.

(a)       direct that no hackney-carriage, or no hackney-carriage of a                                     particular description, shall be let to hire, or taken to ply, or offered                        for hire, except under a license granted in that behalf;

(b)        direct that no person shall act as driver of a hackney-carriage except                        under a license granted in that behalf;

(c)provide for the issue of the licenses referred to in clauses (a) and                                     (b),prescribe the conditions   (if any)   on which such licenses shall                 begranted,  and fix the fees (if any)  to be paid there for;

 (d)      regulate the description of animals, harness and other things to be used       With licensed carriages, and the con­dition in which such carriages, and the           animals, harness and other things used therewith, shall be kept, and the   lights (if any) to be carried after sunset and before sunrise;

(e)        provide for the inspection of the premises on which any such carriages,       animals, harness and other things are kept;

(f)        fix the time for which such licenses shall continue in force,  and the            events (if any) upon which within such  time they shall be subject to       revocation or suspension;

(g)        provide for the numbering of such carriages;

(h)        determine the times at which and the circumstances under which,    any      person keeping a hackney-carriage shall be bound to let or          refuse to let     such carriage to any person requiring the same;

(i)         appoint places as stands for hackney-carriages, and pro­hibit  such    carriages   waiting  for hire  except at  such places;

(j)         limit the rates or fares, as well for time as distance, which  may  be demanded  for the hire of any hackney-carriage; and prescribe the    minimum speed at which such   carri­ages when   hired by time shall             driven;

(k)        limit the number of persons, and the weight of property, which may            be conveyed by any such carriage;

(l)         require the owner or person in charge of any such carriage to keep a            printed list of fares, in English and such other language as may be    prescribed, affixed inside such carri­age in such place as may be             determined by the rules, and prohibit the destruction or defacement            of such list;

(m)       require drivers to wear a numbered badge or ticket, and to produce             their     licenses when required by a Magistrate or other person authorized by         the rules in this behalf, and prohibit the transfer or lending of such           licenses            and badges; and

(n)        provide for the deposit of property found in such carria­ges, and  the           payment of a fee by the owner of such property on the  delivery         thereof           to him.

7.   Any person breaking any rule made under this Act shall be punished with fine which may extend to fifty rupees.

Penalty for breach of rules.

 

8.    The amount of any fees received and the amount of any expenses  incurred   in giving effect to this Act shall   [13][* * *]be credited and debited respectively to the municipal fund  [14][* * * ].

 

 

Disposal of fees and payment of expenses.

 

    9.    If any dispute arises between the hirer of any hackney-carriage and the owner   or driver   of such carriage as to the amount- of the fare payable by such hirer under any rule made under this Act, such dispute shall, upon application made in that behalf by either  of the disputing  parties,  be heard and  determined   by any Magistrate or Bench of Magistrates within the local limits of whose jurisdiction such dispute has arisen; and such Magistrate or Bench may,  besides   determining   the amount   so in  dispute,   direct   that either party shall pay to the other such sum as compensation for loss of time as such Magistrate or Bench thinks fit.

Power of Magistrate of decide disputes regarding fares.

 

 

           

Any sum determined to be due or directed to be paid under this section shall be recoverable as if it were a [15]fine.

The decision of any Magistrate or Bench in any case under this section shall be final.

When any such case is heard by a Bench, any difference of opinion arising between the members of such Bench shall be settled in the same manner as differences of opinion arising between such members in the trial of criminal cases.

10. if, at the time any dispute mentioned in section 9 arises, any Magistrate or Bench of Magistrates having jurisdiction in respect of such dispute is sitting within the local limits to which the rules apply, the hirer of the carriage may require the driver thereof to take him in the same to the Court of such Magistrate or Bench for the purpose of making an application under that section.

In case of dispute hirer may require driver to take him to Court.

Any driver neglecting or refusing to comply with such requi­sition shall be punished with imprisonment for a term which may extend to one month, or with fine not exceeding fifty rupees, or with both.

 


[1]. Repealed vide A.O 1937.

[2].Repealed vide Act.17 of 1914, Sch-II.

[3].Substitute vide A.O 1937..

[4]. Sub vide Khyber Pakhtunkhwa A.O 1975.

[5]. Substituted vide Act No.4 of 1914.

[6]. Substituted vide Act No.4 of 1914.

[7]. Substituted vide Act No.4 of 1914.

[8].Repealed vide A.O.1937

[9].Inserted vide the A. O, 1937

[10]. Repealed Vide Act. ibid.

[11]. Repealed Vide Act. ibid.

[12].Repealed Vide Act. Ibid.

[13]. Repealed Vide A.O.1937.

[14].Repealed Vide ibid.

[15].As to recovery of fines, see." the General Clauses Act, 1897 (10 of 1897), section 25