LexThe Gujarat Public Conveyances Act, 1920
Gujarat · state statute
Open in Lexace · Ask the AI about this actThe Bombay Public Conveyances Act, 1920
1920 : Bom .VII ]
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
Bombay Act No. VII of 1920
The Bombay Public Conveyances Act, 1920
( As modified upto 31st July, 2007)
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THE BOMBAY PUBLIC CONVEYANCES ACT, 1920.
CONTENTS.
PREAMBLE.
SECTIONS.
1. Short title and extent.
2. Definitions.
Licensing of Public Conveyances.
3. Public conveyances to be licensed.
4. Licences for public conveyances.
5. Grounds on which licence may be refused or cancelled.
5A. Power of Commissioner to limit number of public conveyances.
6. Number, etc., to be inscribed on conveyance.
7. Fees for public conveyance licences.
Licensing of horses.
8. Licensing of horses.
9. Branding of horses.
10. Grounds on which licence for horse may be refused or cancelled and
examination by a veterinary practitioner.
Licensing of Drivers.
11. Drivers to be licensed.
12. Grounds on which driver's licence may be refused or cancelled.
13. Driver's badges.
14. Fees for drivers' licences.
Provisions relating to licensees.
15. Licences when suspended or cancelled to be returned.
16. Change of address of licensee to be reported.
16A. Licensee to report name of person left in charge of conveyance during his
absence.
17. Public conveyance or horse to be produced for inspection when required.
Fares and Stands.
18. Rates of fares.
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19. Stands.
SECTIONS.
20. Driver to have his licence as driver and list of fares.
21. Book of fares to be issued.
Offences and punishments.
22. Keeping or letting for hire public conveyance without licence.
23. Failure to cause public conveyance to ply when so required by the police.
24. Licencee of public conveyance permitting unlicensed driver to use the same or
permitting the same to be drawn by unlicensed horse.
25. Failure to produce public conveyance or horse for inspection.
26. Offences by drivers of public conveyances.
27. Failure to return licence or to notify address.
28. Injury to public conveyance.
29. Compensation payable by driver causing damage.
Procedure.
30. Arrest by police.
31. Procedure in case of dispute.
32. Licensee may be required to produce driver : penalty.
33. Refusal to pay fare.
Miscellaneous.
34. Disposal of property : penalty.
35. Rules.
36. Extension of Act.
37. Power to apply or adapt certain provisions to vehicles not used for the purpose
of plying for hire.
38. Powers may be exercised from time to time.
39. Repeal and saving.
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The Bombay Public Conveyances Act, 1920
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BOMBAY ACT NO. VII OF 1920.1
[THE BOMBAY PUBLIC CONVEYANCES ACT, 1920]+
[17th June 1920.]
Amended by Bom. 2 of 1924;
Amended by Bom. 11 of 1924;
Amended by Bom. 7 of 1928.
Adapted and modified by the Adaptation of Indian Laws Order in Council.
Amended by Bom. 18 of 1943;∗
Amended by Bom. 17 of 1945;§
Amended by Bom. 18 of 1948;
Amended by Bom. 37 of 1949;
Adapted and modified by the Adaptation of Laws Order, 1950.
Amended by Bom. 28 of 1950;
Amended by Bom. 9 of 1951;
Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent
Subjects) Order, 1956.
Amended by Bom. 8 of 1958;
Amended by Bom. 86 of 1958;
Amended by Bom. 56 of 1959;
Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
Amended by Guj. 41 of 1963;
Amended by Bom. 15 of 1964.
An Act to amend the Law relating to the regulation of
Public conveyances.
2[WHEREAS it is expedient to amend the law relating to the regulation of
public conveyances; AND WHEREAS it is expedient to provide for prohibiting the plying
of certain classes of vehicles as public conveyances; It is hereby enacted as follows :- ]
1. (1) This Act may be called the Bombay Public Conveyances Act, 1920.
(2) This section and sections 36, 38 and 39 extend to the 3[whole of the 4[State
of Gujarat]. 5[* * * * * * * * ,]:
6[Provided that on the commencement of the Bombay Public Conveyances
(Unification and Amendment) Act, 1958, the rest of the Act shall come into force at
once in those parts of the State of Bombay in which the Hackney-carriage Act, 1879, or
the Hyderabad Public Conveyances Act, 1956, or the Bom bay Public Conveyances
Act, 1920, as adapted and applied to the Saurashtra area or the Bombay Public
Conveyances Act, 1920, as extended to the Kutch area was in force immediately before
such commencement.]
2. In this Act unless there is anything repugnant in the subject or context-
7[(a) "Commissioner of Police" means-
8[* * * * * * * * *]
(ii) where the rest of the Act or any portion thereof has been extended
to any 9[*] area and a Commissioner of Police has been appointed for
that area, the Commissioner of Police for that area;
and includes any person authorised by the Commissioner of Police
concerned to exercise or perform any power or duty impose d or
conferred on him by this Act;]
Short title
and extent.
Bom. LXX-XVI of
1958. XIV of 1879.
Hyd. Act XXX IX of
1956. Bom. VII of
1920. Bom. VII of
1920. IV of 1920.
Definitions.
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10[(b) "public conveyance" means any wheeled vehicle, drawn or propelled on
roads and used for the purposes of plying for hire for the conveyance of persons
or goods but does not include a motor vehicle as defined in the Motor Vehicles
Act, 1939, or a vehicle running upon fixed rails:]
11[(c) "licensing year" means the year commencing on such date as the
Commissioner of Police, shall, subject to the condition of previous publication,
fix for the purpose of licenses granted under this Act;]
(d) "driver" includes a conductor, attenda nt or other person in charge of a
public conveyance;
(e) "licensee" means the holder of a licence granted under this Act or a public
conveyance or a horse or a driver of a public conveyance.
Licensing of Public Conveyances.
3. (1) No person shall keep or let for hire any public conveyance without a licence
granted by the Commissioner of Police in this behalf.
(2) On every public conveyance —
(a) the number of the conveyance as entered in the licence granted for
the same, and
(b) where the conveyance is licensed to carry passengers, the number
of passengers which it is licensed to carry,
shall be clearly inscribed in such manner as the Commissioner of Police may
direct.
4. (1) Such licences shall remain in force for the licensing year, unless sooner
determined under the provisions of this Act, and shall be renewable.
(2) Such licences shall contain the following and such other particulars and
conditions as the Commissioner of Police may prescribe :-
(a) the full name and address of the licensee;
(b) the date on which the licence was granted and the date on which it
will expire by efflux of time;
(c) the local area for which the licence is granted;
(d) the number and class of the conveyance;
(e) the number of horses or other animals (if any) by which it is to be
drawn;
(f) the number of passengers (if any) which it may carry.
(3) Such licences shall not be transferred by the licensee to any other person
without the sanction of the Commissioner of Police and if transferred without
such sanction shall thereupon become void. Such sanction when granted shall
be endorsed on the licence.
12[(4) No such licences shall be granted or renewed unless it is shown to the
satisfaction of the Commissioner of Police that the applicant has paid the
vehicle tax d ue in respect of the public conveyance to a local authority
IV of 1932.
Public
conveyances to be
licensed.
Licences for
public con-
veyances.
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constituted under any law for the time being in force.]
5. 13[(1A) The Commissioner of Police may refuse to grant licences for any class of
vehicles if, in his opinion, it is undesirable that such vehicles should be used as
public conveyances. The Commissioner of Police may, on the same ground,
refuse to renew, and may, at any time, cancel the licences already granted for
such vehicles. On such cancellation the licensee shall be granted out of the fees
paid by him for the licence a refund of a sum equal to the amount of fees
payable for the unexpired portion of the licence calculated in proportion to the
amount paid for the full period of the licence.]
(1) The Commissioner of Police may refuse to grant a licence for a public
conveyance if in his opinion the conveyance is insufficiently found or is
otherwise unfit for the purpose for which it is intended.
(2) The Commissioner of Police may refuse to renew, and may at any time
suspend or cancel, a licence for a public conveyance on either of the foregoing
grounds or if in his opinion-
(i) the licensee has committed a breach of any provision of this Act or
of a rule made under this Act or of a condition of the licence, or
(ii) a conveyance licensed for carrying goods has been used for
carrying passengers.
(3) When refusing to renew, or suspending or cancelling, a licence for a public
conveyance, the Commissioner of Police may erase the inscription made
thereon in accordance with this Act.
14[5A. (1) The Commissioner of Police may, by an order notified in the Official
Gazette, limit the number of any class of public conveyances for which licence
may be granted in any area, having regard to the adequacy of public
conveyances of the same or any other class operating or likely to operate in the
area in the near future, or to the safety or convenience of the public in the light
of traffic conditions in the area.
(2) Any order made under sub-section (1) may be suspended, cancelled or
modified by the State Government.]
6. (1) When granting or renewing a licence for a public conveyance, and at other
times when necessary, the Commissioner of Police shall cause the particulars
required by clauses (a) and (b) of sub-section (2) of section 3 to be painted or
otherwise clearly inscribed upon the conveyance.
(2) No fee shall be charged for any inscription made under the foregoing sub-
section when it is made at the time when the licence is granted or at the annual
renewal of the licence, but when such inscription is made at any other
time
15[the licensee shall pay such sum towards the cost of such inscription as
the Commissioner of Police shall by rules direct.]
7. (1) For the grant of a licence for a public conveyance a fee shall be charged at
such rate as the Commissioner of Police shall prescribe.
(2) For the renewal of such licence a fee at one-half of the rate chargeable
under the foregoing sub-section shall be charged.
Licensing of horses.
8. (1) No horse shall be used for drawing a public conveyance except under a
licence granted by the Commissioner of Police in respect of such horse.
Grounds on
which licence
may be refused
or cancelled.
Power of
Commissioner to
limit number of
public
conveyances.
Number, etc.,
to be inscribed
on conveyance.
Fees for
public
conveyance
licences.
Licensing of
houses.
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(2) Such licences shall remain in force for the licensing year unless sooner
determined under this Act, and shall be renewable.
(3) Such licences shall contain the following and such other particulars and
conditions as the Commissioner of Police may prescribe:
(a) the full name and address of the licensee;
(b) the date on which the licence was granted and the date on which it
will expire by efflux of time;
(c) the local area for which the licence is granted;
(d) a description of the horse for which the licence is granted and the
marks of identification of the same;
(e) the class of conveyance to draw which the horse may be used.
(4) Such licences may not be transferred by the licensee to any person without
the sanction of the Commissioner of Police and if transferred without such
sanction shall thereupon become void. Such sanction shall be endorsed on the
licence.
16[(5) Such licences shall if so directed by the Commissioner of Police be
carried in the public conveyance for drawing which the horse is being used and
shall be produced for inspection whenever required by any police officer.]
9. When granting a licence for a horse the Commissioner of Police 17[may, if he thinks
it necessary] brand such horse on the hoof in such manner that it may be easily
identified.
10. (1) The Commissioner of Police may refuse to grant to renew, and may at any
time suspend, a licence for a horse if in his opinion such horse is in any way
unfit for use in a public conveyance.
(2) In case of such refusal or suspension the owner of the horse or licensee, as
the case may be, may require that such horse be examined by a veterinary
practitioner of the Government or of a local authority, and, if in the opinion of
such practitioner the horse is fit for use in a public conveyance, the Commis -
sioner of Police shall grant or renew the licence or cancel the order of
suspension.
Licensing of Drivers.
11. (1) No person shall act as driver of a public conveyance without a licence
granted by the Commissioner of Police in this behalf.
(2) Such licences shall remain in force for the licensing year unless sooner
determined under this Act, and shall be renewable.
(3) Such licences shall contain the following and such other particulars and
conditions as the Commissioner of Police may prescribe
(a) the full name and address of the licensee;
(b) the date on which the licence was granted and the date on which it
will expire by efflux of time;
(c) the local area for which the licence is granted;
Branding
of horses.
Grounds on which
licence for horse may
be refused or cancelled
and examination by a
veterinary
practitioner.
Drivers to be licensed.
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(d) the class of public conveyance which the licensee is licensed to
drive.
12. (1) The Commissioner of Police may refuse to grant a licence to a driver if in
his opinion such driver 18[is not competent and careful or] is unfit on account of
youth, infirmity, bad character or any other reason to pursue the occupation of
driver of a public conveyance.
(2) The Commissioner of Police may refuse to renew, and may at any time
suspend or cancel, a driver's licence on the foregoing grounds or if the holder
has committed a breach of any provision of this Act or of a rule made under this
Act or of a condition of the licence.
13. (1) When granting a licence to a driver the Commissioner of Police shall
provide him with a metal badge bearing the number of the licence.
(2) Every driver who has received such badge shall wear the same on a cons
picuous part of his dress at all times when pursuing his occupation as driver.
(3) No driver who has received such badge shall permit any other person to
wear the same : provided that any person, other than the driver to whom a
badge has been given by the Commissioner of Police, who shall wea r such
badge shall be presumed, until the contrary is proved, to wear it with such
driver's permission.
14. (1) For the grant of a licence to a driver a fee shall be charged at such rate as the
Commissioner of Police shall prescribe.
(2) For the renewal of such licence a fee at one-half of the rate chargeable
under the foregoing sub-section shall be charged.
Provisions relating to licenses.
15. Every licence which has been suspended or cancelled shall be returned by the
licensee to the Commissioner of Police within twenty -four hours after the suspension
or cancellation thereof.
16. Whenever a licensee shall change his residence he shall within one week thereafter
give notice thereof in writing signed by himself to the Commissioner of Police.
19[16A. Whenever the licencee of a public conveyance shall be asbent from the 20[area
for which the licence is granted] for a period exceeding fifteen days he shall, if the
public conveyance is used for the purpose of plying for hire, give, previous to his
departure, notice thereof in writing signed by himself to the Commissioner of Police.
Such notice shall state the name of the person left in charge of the public conveyance.
Such persons shall, until the return of the licensee, perform all the duties of a licensee
of a public conveyance and be liable to all the penalties to which such licensee is liable
under this Act.]
17. Every licensee of a public conveyance or horse shall produce such conveyance or
horse for inspection whenever the Commissioner of Police shall require him to do so.
Fares and stands.
18. The Commissioner of Police shall, subject to the conditions of previous publication
and the previous sanction of the
21[ 22[State] Government], fix the legal rates of fares
for public conveyances.
19. The Commissioner of Police shall appoint stands or places, at which alone public
conveyances may stand to ply for hire 23[and may, at any time, abolish any such stand
or place.]
Grounds on which
driver's licence
may be refused or
cancelled.
Driver's badges.
Fees for drivers'
licences.
Licences when
suspended or
cancelled to be
returned.
Change of
address of
licensee to be
reported.
Licencee to
report name of
person left in
charge of
conveyance
during his
absence.
Public conveyance
or horse to be
produced for
inspection when
required.
Rates of fares.
Stands.
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20. (1) Every driver of a public conveyance shall have with him when pursuing his
occupation as driver the licence granted to him under section 11 of this Act and
a clean and legible list, in English and such vernacular language or languages
as the Commissioner of Police may direct, bearing the name in full of the
licensee of the conveyance and showing the rates of fares fixed for the time
being for the hire of the conveyance, with an abstract of the l aw relating to
public conveyances.
(2) Every such driver shall on demand by a police officer produce for inspec -
tion such licence and list.
(3) Every such driver shall on demand produce such list for the information of
any hirer of, or passenger travelling in, the conveyance.
21. Lists of the fares fixed for public conveyances, as for the time being in force,
together with the abstract referred to in the preceding section, shall be prepared by the
Commissioner of Police and sold to the public at a reasonable price.
Offences and Punishments.
24[22. (1) Any person who shall keep or let for hire any public conveyance without a
licence granted by the Commissioner of Police in this behalf and for the time
being in force shall be punishable :-
(i) for the first offence with fine which may extend to fifty rupees:
Provided that in the absence of special and adequate reasons to
be mentioned in the judgment of the Court such fine shall not be less
than fifteen rupees.
(ii) for the subsequent offences with fine which may extend to one
hundred rupees :
Provided that in the absence of special and adequate reasons to
be mentioned in the judgment of the Court such fine shall not be less
than fifty rupees.
(2) Any person who shall keep or let for hire any public conveyance on which
the number and other particulars required by section 3 are not clearly inscribed
in such manner as the Commissioner of Police directs shall be punishable with
fine which may extend to one hundred rupees.
(3) If any person commits an offence under sub-section (1) any Court trying
such offence may direct that the coveyance in respect of which the Court is
satisfied that the offence has been committed shall be forfeited to
Government.]
23. Any licensee of a public conveyance who shall without sufficient reason fail to
cause such conveyance to ply for hire when required to do so by a police officer and
any driver of a public conveyance who shall without sufficient reason fail duly to
pursue his occupation when required to do so by a police officer, shall be punishable
with fine which may extend to fifty rupees.
24. Any licensee of a public conveyance who shall, when the same is used for the
purpose of a public conveyance permit any person to act as driver thereof other than a
driver duly licensed under this Act, or who shall, when such con veyance is used for the
purpose aforesaid, permit the same to be drawn by horse other than a horse for which a
licence is in force under this Act, shall be punishable with fine which may extend to
fifty rupees.
Driver to have
his licence as
driver and list
of fares.
Book of fare
to be issued.
Keeping or letting
for hire public
conveyance
without licence.
Failure to cause
public conveyance
to ply when so
required by the
police.
Licensee of public
conveyance permit-
ting unlicensed driver
to use the game or
permitting the same
to be drawn by
unlicensed horse.
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25. Whoever, being the licensee of a public conveyance or horse, shall fail to produce
such conveyance or horse for inspection when required to do so by the Commissioner
of Police shall be punishable with fine which may extend to twenty rupees.
26. (1) Whoever shall act as driver of a public conveyance without a driver's
licence granted by the Commissioner of Police in this behalf and for the time
being in force or 25[without a badge, if he has received a badge from the
Commissioner of Police, or, when acting as such driver, shall fail to wear a
badge so received] on a conspicuous part of his dress; and
(2) Whoever, being the driver of a public conveyance, shall-
(a) permit any other person to use his licence or badge;
(b) permit more passengers to be carried in a public conveyance then it
is licensed to carry;
(c) conceal or permit to be concealed from public view the inscription
made on a public conveyance in accordance with this Act, or prevent or
attempt to prevent any person taking note of such inscription;
(d) permit any person to be carried, without the express consent of the
hire, in a public conveyance the whole of which has been hired by any
person;
(e) fail to produce, on demand by a Police Officer, the licence, 26[if
any], granted to him under 27[section 8 or section 11] or a list of the
legal rates of fares as required by this Act;
(f) fail to produce, on demand by a hierer of, or passenger travelling in,
a public conveyance a list of the legal rates of fares for su ch
conveyance as required by this Act;
(g) refuse or neglect to give way, if he conveniently can, to any private
conveyance, or obstruct or hinder the driver of any other public
conveyance in taking up or setting down any person into or from such
other public conveyance;
(h) be intoxicated at any time while pursuing his occupation as driver;
(i) make use of insulting or abusive language or gesture;
(j) refuse to obey the reasonable orders of any person hiring a public
conveyance of which he is in charge;
(k) when acting as driver, permit the inside of a public conveyance of
which he is in charge to be dirty ; or
(l) when in charge of a public conveyance other than a cart used for
conveyance of goods,-
(i) demand prepayment of his fare, or
(ii) refuse without reasonable cause to carry any person
desiring to hire the conveyance, or
(iii) refuse or delay to proceed with reasonable expedition, or
(iv) demand for the hire of the conveyance more than the legal
fare, or
Failure to produce
public conveyance or
horse for inspection.
Offences by drivers
of public
conveyances.
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(v) stand to ply for hire at any place other than a stand or place
appointed under this Act or loiter for the purpose of being hired
in or upon any public street, road or place,
shall be punishable with fine which may extend to fifty rupees.
27. Any licensee-
(a) who shall fail to return a licence which has been suspended or cancelled to
the Commissioner of Police within twenty -four hours after the suspension or
cancellation thereof, or
(b) who, after changing his residence, shall fail to give notice thereof in writing
signed by himself to the Commissioner of Police within one week after such
change has taken place, or
28[(bb) who, before leaving the 29[Greater Bombay] for a period exceeding
fifteen days shall fail to give notice thereof in writing signed by himself to the
Commissioner of Police, or]
(c) who shall contravene any condition of his licence,
shall be punishable with fine which may extend to twenty rupees.
28. Any person using a public conveyance who shall wilfully or negligently injure the
same shall be punishable with fine which may extend to twenty rupees, and shall also
pay the owner of such conveyance such compensation as the Magistrate may direct,
and such compensation shall be leviable as a fine.
29. The driver of any public conveyance who shall by negligence or misconduct, cause
any hurt or damage shall, in addition to any punishment to which he may be liable by
law, pay the complainant such reasonable compensation as the Magistrate may direct,
and such compensation shall be leviable as a fine.
Procedure.
30. Any police officer may arrest without warrant any person who has committed any
offence under this Act, and may seize and detain any conveyance or horse in relation to
which such offence has been committed.
31. (1) In case of any dispute between the hirer and driver of a public conveyance
either party may require the other to proceed forthwith to the nearest
Magistrate's Court, where the dispute shall be determined in a summary
manner by the Magistrate then sitting.
(2) If no Magistrate is then sitting either party may require the other to proceed
to the 30[officer in charge of the nearest police station] who shall, if necessary,
arrange for the hearing of the case at the next sitting of the Court.
(3) On failure of either party to appear before the Magistrate in pursuance of a
requisition under-sub-section (1) 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 exparte and his decision shall be binding on both parties.
(4) Provided that, if the hirer is about to leave the 31[Greater Bombay] a police
officer to whom reference has been made under sub-section (2) may, after
hearing both parties, require the hirer to deposit such sum, if any, as appears to
be due by him. and, if any compensation appears to be due under section 28, an
additional sum of ten rupees, and the hirer shall, not be required to attend the
Magistrate's Court. The police officer shall report the dispute to the Magistrate
and the Magistrate may award the driver such sum, if any, not being in execess
Failure to
return licence
or to notify
address.
Injury to
public
conveyance
Compensation
payable by
driver causing
damage.
Arrest by
police.
Procedure in
case of dispute.
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of the amount deposited by the hirer, as he considers just, and if any offence
appears to have been committed, shall inquire into the same according to law.
In either case where any surplus remains of the deposit made by the hirer, the
Magistrate shall give notice thereof to the hirer and return it to him on demand.
(5) Where the Magistrate is satisfied that one party had no reasonable ground,
for requiring the other party to proceed to his Court or to the nearest police
officer, he may direct the former party to pay to the latter such compensation
not exceeding fifty rupees as he thinks fit, and such compensation shall be
leviable as a fine.
32. (1) When a complaint is made before a Magistrate against a driver of a public
conveyance under this Act, the Magistrate may, if the driver fails to appear,
summon the licensee of such conveyance to appear and produce the driver.
(2) If the licensee after being duly summoned fails without reasonable excuse
to appear or to produce the driver he shall be punishable with fine not
exceeding fifty rupees.
33. If any person who has hired a public conveyance refuses to pay the legal fare
thereof, the Magistrate may order payment of such fare and also of reasonable
compensation for loss of time; such fare and compensation shall be leviable as a fine.
Miscellaneous,
34. (1) All property left in any public conveyance shall be forthwith deposited by
the licensee or driver of such conveyance at the nearest police station.
(2) The Commissioner of Police shall cause such property to bo returned to
such person as shall prove to his satisfaction that he is entitled to the same, on
payment by such person of all expenses reasonably incurred and of such
compensation to the driver of t he public conveyance as the Commissioner of
Police may consider just.
(3) Any licensee or driver failing to deposit any property as required by
sub-section (1) shall be punishable with fine which may extend to fifty rupees.
35.
32[(1) The Commissioner of Police, subject to the condition of previous
publication, may make rules not inconsistent with this Act,-
(a) fixing the sum to be paid towards the cost of an inscription under
sub section (2) of section 6 ;
(b) generally for the regulation of public conveyances.]
(2) Such rules shall be published in the
33[Official Gazette].
34[(3) Such rules may provide that a contravention thereof shall be punishable
with fine which may extend to thirty rupees.]
36. (1) The 35[State Government] 36[* * * *] may by notification in the 33[Official
Gazette] extend this Act or any specified provisions thereof to any area
within 37[its] 38[* *] jurisdiction from a date to be stated in such notification.
(2) Where this Act or any portion thereof is extended to any such area the
35[State Government] 39[* * * * * *],-
(a) shall 40[where no Commissioner of Police has been appointed] by
notification appoint some person to perform the functions assigned by
this Act to the Commissioner of Police, and
Licensee may be
required to
produce driver.
Penalty.
Refusal
to pay
fare.
Disposal of
property;
penalty.
Rules.
Extension of
Act.
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1920 : Bom .VII ]
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(b) may by notification direct that any particular Magistrates or classes
of Magistrates shall exercise jurisdiction under this Act, and
41[(c) may by notification direct that any class of vehicles shall be
exempt from all or any of the provisions of this Act.]
(3) A notification under this section extending this Act or any portion thereof to
any area shall be published at least thirty days before the date fixed for its
comining into effect.
42[ * * * * * ]
(4) When this Act or any portion thereof is extended to any area the powers of
fixing fees and of appointing 43[and abolishing] stands and of making rules
shall be exercised subject to the approval of the 44[State Government] 45[* **]
46[ * * * * *]
47[37. The 48[ 49[State] Government], or in any area to which this Act or any specified
provisions thereof have been extended under section 36 the 50[State
Government] 51[******] may, by notification in the 52[Official Gazette ], apply or
adapt all or any of the provisions of this Act, except those which relate to plying for
hire, or any part of any such provision, to vehicles or to any class of vehicles which are
kept, or ordinarily let for hire, but which are not used for the purpose of plying for hire.
Explanation.-A vehicle shall not be deemed to be kept for hire if it is let for hire
only occasionally by private agreement.
38. All powers conferred by this Act may be exercised from time to time as occasion
requires.
53[39. On the commencement of the Bombay Public Conveyances [Unification and
Amendment] Act, 1958, the following Acts, that is to say,-
(i) the Bombay Public Conveyances Act, 1920 as adapted and applied to the
Saurashtra area of the State of Bombay,∗
(ii) the Hackney-carriage Act, 1879, as in force in the Vidarbha region of the
State of Bombay,
(iii) the Hyderabad Public Conveyances Act, 1956, and
(iv) the Bombay Public Conveyances Act, 1920 as extended to the Kutch area
of the State of Bombay,
shall be repealed :
Provided that notwithstanding such repeal-
(a) any notification issued, licence granted or rule made under the provisions of
the laws so repealed shall continue in force until it is superseded or modified by
any notification, licence or rule issued, granted or made by a competent
authority under this Act and if no such authority exists or if there be a doubt as
to the competent authority by such authority as the State Government may
designate;
(b) anything done or action taken (including any notice given, prosecutions
launched, right acquired, obligation and liability accrued or incurred, penalty
Power to apply or
adapt certain
provisions to
vehicles not used
for the purpose of
plying for hire.
Powers may be
exercised from
time to time.
Repeal and
saving.
Bom.
LXX-XVI of
Bom. VII of
1920.
XIV of 1879.
Hyd. Act XXX.
IX of 1956.
Bom. VII of
1920.
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imposed, proceedings pending, badges provided, rates of fares fixed, stands or
places appointed, or sanctions granted) shall be deemed to be done , or taken,
under the corresponding provisions of this Act as if this Act had than been in
force].
----------------------
1 For Statement of objects and Ressons see Bombay Government Gazette, 1919, Part V, page 945;
for Report of Select Committee, see ibid., 1920, Part V, page 51; and for Proceedings in Council, see
ibid., 1919. Part V, page 1092, ibid., 1920, page 265.
+ Sections 1, 36, 38 and 39 of this Act were extended to that part of the State of Bombay to which
immediately before the commencement of this Act they did not extend (vide Bom. 86 of 1958, s. 2).
∗ This Act was repealed and section 2 thereof was re-enacted by Bom. 18 of 1948, s. 2.
§ This Act has been re-enacted and the amendments made by section 9 and Sch. E of the said Act
have been continued in force by Bom. 52 of 1947, s. 2.
2 This preamble was substituted for the original by Bom. 18 of 1948, s. 3.
3 These words were substituted for the words "pre-Reorganisation State of Bombay, excluding the
transferred territories" by Bom. 86 of 1958, s. 3 (i) (a).
4 These words were substituted for the words "State of Bombay" by Gujarat Adaptation of Laws
(State and Concurrent Subjects) Order, 1960.
5 The words "The rest of the Act" to "Greater Bombay" were deleted by Gujarat Adaptation of Laws
(State and Concurrent Subjects) Order, 1960.
6 This proviso was added by Bom. 86 of 1958, s. 3 (i) (b).
7 Clause (a) was substituted for the original by Bom. 56 of 1959, s. 3, Schedule.
8 Sub-clause (i) was deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects)
Order, 1960.
9 The word "other" was deleted, by the Gujarat Adaptation of Laws (State and Concurrent Subjects)
Order, 1960.
10 This clause was substituted for the original by Bom. 18 of 1943, s. 2, read with Bom. 18 of 1948,
s. 2.
11 Clause (c) was substituted for the original by Bom. 7 of 1928, s. 2.
12 This sub-section was added by Bom. 86 of 1958, s. 3(ii).
13 This sub-section was inserted by Bom. 18 of 1948, s. 4.
14 Section 5A was inserted by Guj. 41 of 1963, s. 2.
15 These words were substituted for the words ''a fee at one-half of the rate chargeable for the grant
of a licence for a public conveyance under section 7, sub-section (1), shall be charged" by Bom. 7 of
1928, s. 3.
16 This sub-section (5) was added, by Bom. 7 of 1928, s. 4.
17 These words were substituted for the word "shall", by Bom. 7 of 1928, s. 5.
18 These words were inserted by Bom. 2 of 1924, s. 2.
19 Section 16A was inserted by Bom. 7 of 1928, s. 6.
20 These words were substituted for the words "Greater Bombay" by the Gujarat Adaptation of Laws
(State and Concurrent Subjects) Order, 1960.
21 The words "Provincial Government" were substituted for the words "Governor in Council" by the
Adaptation of Indian Laws Order in Council.
22 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
23 These words were added by Bom. 7 of 1928, s. 7.
24 Section 22 was substituted for the original by Guj. 41 of 1963, s. 3.
25 These words were substituted for the words "without a badge granted to him by the Com -
missioner of Police or when acting as such driver, shall fail to wear such badge." by Bom. 7 of 1928,
s. 8 (a).
26 The words "if any" were inserted, by Bom. 7 of 1928, s. 8 (b).
27 The words and figures "section 8 or section 11" were substituted for the word and figures "section
11", by Bom. 7 of 1928.
28 Cause (bb) was inserted by Bom. 7 of 1928. s. 9.
29 These words were substituted for the original by Bom. 17 of 1945, s. 9 and Schedule E, read with
Bom. 52 of 1947, s. 2, proviso.
30 These words were substituted for the words "nearest police officer of rank not below that of
inspector" by Bom. 7 of 1928, s. 10.
31 These words were substituted for the original by Bom. 17 of 1945. s. 9 and Schedule E, read with
Bom. 52 of 1947, s. 5, proviso.
32 Sub-section (1) was substituted for the original by Bom. 7 of 1928, s. 11(a).
33 The words "Official Gazette" were substituted for the words "Bombay Government Gazette" by
the Adaptation of Indian Laws Order in Council.
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34 Sub-section (3) was inserted by Bom. 7 of 1928, s. 11 (b).
35 These words were substituted for the word "Commissioner" by Guj. 15 of 1964, s. 4 Schedule.
36 The words "or the Commissioner of a division" were deleted by Bom. 28 of 1950, Sch.
37 This word was substituted for the word "his" by Guj. 15 of 1964, s. 4 Sch.
38 The words "or his" were deleted by Bom. 28 of 1950, Sch.
39 The words "or the Commissioner of the division, as the case may be" were deleted, by Guj. 28 of
1950.
40 These words were inserted by Bom. 56 of 1959, s. 3, Sch.
41 Clause (c) was substituted for the original clause by Bom. 7 of 1928, s. 12 (a).
42 Sub-section (3A) was omitted by Gujarat Adaptation of Laws Order, 1960.
43 These words were inserted by Bom. 7 of 1928, s. 12 (c).
44 These words were substituted for the word "Commissioner" by Guj. 15 of 1964, s. 4 Schedule.
45 The words "or the Commissioner of the division, as the case may be" were deleted, by Guj. 15 of
1964.
46 Sub-section (5), which was substituted for the original sub-section (5) by s. 2 of Bom. 11 of 1924,
was omitted, by Guj. 15 of 1964.
47 Section 37 was substituted for the original section by Bom. 7 of 1928, s. 13.
48 The words "Provincial Government" were substituted for the words "Governor in Council" by the
Adaptation of Indian Laws Order in Council.
49 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950,
50 These words were substituted for the word "Commissioner" by Guj. 15 of 1964, s. 4, Sch.
51 The words "or the Commissioner of the division as the case may be" were deleted by Bom. 28 of
1950, Sch.
52 The words "Official Gazette" were substituted for the words "Bombay Government Gazette," by
the Adaptation of Indian Laws Order in Council.
53 This section was substituted for the original by Bom. 86 of 1958, s. 3 (iii).
∗ This words stands unmodified by the Gujarat Adaptation of Laws Order, 1960.