LexThe Kerala Hackney Carriage Act, 1963 (No.18 of 1963)
Kerala · state statute
Open in Lexace · Ask the AI about this actTHE KERALA HACKNEY CARRIAGE ACT, 1963
(Act 18 of 1963)
Preamble.
Sections.
CoNTENT!>
CHAPTER I
Preliminary
I. Short title, e>..tcnt and commencement.
2. Definitwus.
3. Saving.
CHAPTER II
Registration and Numbering of Hackney Carriages
4. Annual registration compulsory.
5. Application for registry.
6. R1ght to registry.
7. Grant of carriage liceuce.
8. Form of licence.
9. Fcc for licence.
I 0. Fee for cert1fied copy of 1egister 01 licence.
II. Suspension of licence by Reg•stenug Authority.
12. T1 ansfer of regish y.
13. Notice of change of 1 esidcnce, etc., to be given by licen-
see~.
14. T1ansfers and chauge of re~1dence to be 1egistered
15. Appeal.
16. Penalty for keeping unlicemed liackney carriage.
17. Numbering of hackney caHiage.
JR. Penalty f01 plymg fm lure without plate 01 imcnptiou.
l ~. Return of plate on expuy of licence.
20. Penalty for using counterfeit plate.
CHAPTER III
Driver's Licence and Badge
21. Grant of driver's licence.
22. Pa1 ticula1s of licence to be 1egistered.
23. Penalty fm drivmg Without licence ur lending licence.
24. Suspension of licence by reg1stermg au th01 i ty.
25. Appeal.
26. Penalty for suffenng unlicensed person to drive.
27. Supply of badge to driver.
28. Return of expired licence and badge.
29. Penalty for using counterfeit badge.
30. Seizure of expired or counterfeit badge.
31. Penalty for failure to produce licence before Magistrate.
32. ConvictiOns under Act to be endorsed on licence.
33. Cancellation or suspension of licence on conviction.
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CHAPTER IV
Fares, Hiring and Plying for Hire
Maxtmum fates f01 use of hackney can iages.
Contract fm higher fare mvahd.
PublicatiOn of authorised fares and distances.
The maxtmum (hstance to which the driver is bound to
duve.
Quantity of luggage to be carried.
Penalty for refusmg to let hackney calltage f01 hn e.
Penalties for various of1ence~ by duver.
Requisitwn to owner to furnish address of ab~cnt driver.
Special p10viswn rega1 ding r 1ckshaws.
ProcedUie m case of disputes between hi1er and dnvet.
Procedure in case of refusal to pay fare.
Penalty for defacing or destroymg plate, badge, or table
of fares.
Penalty for wilful damage to hackney cau iage.
Hackney carnage stands.
CliAPT],.R v
Lost P1·ope1·t.y
48. Deposit \\ith 1 eg1stermg authority or Police Officer of pro
perty left in hackney carriage.
4!-J. The 1 egistcrmg auth01 ity 01 Police Ofltcct tu 1cgistet pcil·
tlcU!an of p10pcrty depOSited and gtallt tcceipt.
CHAPTER VI
Prosecutions
50. Ex pat te disposal of c1 imina! charge.
51. LimitatiOn restricting Cnmi11al proceeding~.
52 Compensation for fnvolous p10secution.
CHAPTLR VII
Special Provisions Relating to Rickshaws
53. Powe1 of Gove1nmcnt to make special rules.
CHAPTER VIII
Rule~, Bye-Laws and Delegation
54. Powei to make rules.
55. Power to make bye-laws.
56. Penalty for breach of bye-laws.
57. Delegation of registering authonty's function.
58. Repeal and saving.
SCHEDULE.
ACT 18 OF 1963*
THE KERALA HACKNEY CARRIAGE ACT, 1963
Atl Act to unify and amend the ilaw relatzng to the regulation of Hackney
Carriages w the State of Kerala
Preamble.- Whereas it IS exped1ent to unify and amend the law
relating to the regulation of Hackney Carriages m the State of Kerala;
Be it enacted m the Thit teen th Y car of the Rcpubhc of Ind1a as
follows:-
CHAPTER I
Preliminary
1. Slzort t1tle, extent and commencement.-( I) This Act rna y be called
the Kerala Hackney Carriage Act, 1963.
(2) It extends to the whole of the State of Kerala
(3) Th1s ~section and sectiOn 58 shall come into force m the
whole of the State of Kerala at once. The 1emaming sections of this
Act shall come mto force at once in the areas specified m the schedule
and they shall come mto force in other areas of the State on such date
as the Government may by notification in the Gazette appoint, and
d1fferent dates may be appointed for different areas :
Provided that before issuing any such notification, the Govern
ment shall pubhsh a notice of the proposal m the Gazette inviting
objections thereto and consider any objections 1 cceived within the
time spectfied therefor in the not1ce.
2. Defznitions.-In this Act, unless the context otherwise
requites-
( I) ' Director ' means in relation to any area within the jurisdi
ction of a Municipal Corporation or any area compnsed in a Munici
pality or Township, the Director appointed under clause (13) of
section 3 of the Kerala Municipalities Act, 1960 (Act 14 of 1961) and
in relation to any Panchayat area the Director appointed under clause
(7) of section 2 of the Kerala Panchayats Act, 1960 (Act 32 of 1960) ;
(2) ' driving ' includes d1 awmg, pushing or propelling, and
driver includes any person who dnves, draws, pushes or propels any
hackney carriage ;
(3) ' executive authority ' means, in the case of a Municipal
CorporatiOn or Mur.Icipal Council, the Commissioner of the Corporation
or council as the case may be ; in the case of a Panchayat the executive
authority of the Panchayat; and m the case of a Township, the executive
officer of the Township Committee ;
(4) ' hackney carriage ' means any wheeled vehicle drawn,
pushed or propelled by a man, or drawn by horse, bullock or other
-
• Received the assent of the Governor on 15th March 1963 and
published in the Gazette Extraordinary dated 16th March
1963.
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animal and used for the conveyance of any person or goods and which
stands or plies for hire bv the hour or day or according to distance,
and includes a rickshaw ;'
(5) ' horse ' includes mule or pony ;
(6) ' local authority ' means- .
(a) many City, the Corporation of that C1ty,
(b) in any Municipal area, the Municipal council concerned
(c) m any Panchayat area, the Panchayat concerned ; and
(d) in any Township, the Township Committee concerned ;
(7) ' Magistrate ' means any magistrate having local jurisdiction
in any area to which this Act extends ;
• (8)-' minor ' means any person who has not completed the age
of eighteen years ;
(9) ' registering authority ' means the executive authonty of the
local authority concerned or any other person appointed by name or
by virtue of his office, by the Government for registering hackney carn
ages within a particular area ;
(10) ' rickshaw' means a two-wheeled veh1cle or a tri-cycle of
special type drawn or propelled by a person and includes a cycle-nck
shaw;
(II) ' year of registration ' means the year endmg with the 31st
day of Ma1 ch.
3. Saving.-Nothing m th1s Act shall apply to a hackney carriage
owned by the Government or a local authority.
CHAPTER II
Registration and Numbering of Hackney Carriages
4. Annual· registratzon compulsory . ..__Every hackney carriage shall
be annually 1 eg1stered by the reg1stermg authority.
5. Apptzcat1on for Regzstry.-(1) Any person who IS desirous of
having any vehicle registered as a hackney carnage shall apply to
the registering authority and shall submit the vehicle for such inspec
tion as the registering autllOIIty may direct.
(2) The person in whose name any carriage is registered shall be
deemed to be the owner of such carriage for the purposes of this
Act:
Provided that 1f the person in whose name any carriage is
registered is a mmor, the guardian of such minor shail be deemed
to be the owner of the carriage.
6. R1ght to RegHtry.-Every applicant under section 5 shall be
entitled to registration unless the registering authority is of opinion
that the vehicle is not fit for public use:
Provided that no vehicle shall be registered in the name of a
minor unless the application is made by his guardian on behalf of
the minor:
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P10vided further that the registenng authority may, in the
interest of the public,-
( I) limit the numbet of vclucles of any descnption which may
be registered annually, in which case no vc!Hcle of that des'cription
shall be registered in any year in excess of the number !:.0 limited;
(2) refuse to 'register vehicles of a particular description m
whtch case no vehicle of that description shall be registered;
(3) limit the number of hand-r..ulled 1 ickshaw~ to be rcgi~tcred
111 any year, to a number which shall be less by 5 per cent than the
number reg1ste1ed in the tmmedtately p1ecedmg year.
7. Grant of camagc lzccncc.- The registe11ng auth01 ity ~hall, at the
time of registration, delive1 a hcencc duly signed by it to the applicant
(2) A licence granted under this section shall be in force for
the year of registratiOn.
8. Form of ltcC/lcc.--The following particulars shall be entered in
the register and in the licence to be gtven to the applicant:-
(!) The number in the tegister of the hackney catnagc.
(2) The name and residence of the owner and the place where
the hackney ca1 riage is kept.
(3) A descnption.of the hackney caniage.
(4) The number of h01ses or other animals to be employed in
drawing such hackney em riage and, 1f the hackney call iage i~ drawn
or pmhed or propelled by men, the number ol men to be su employed.
(5) The number of passenger~ such hackney catnage is hcemed
to catry.
(6) The weight of the luggage such carriage is licemed to carry
Ill addition to the passengers.
(7) The date of the licence and its date of expiry.
9. Fee f01 lzcencc.-A fee shall be paid to the regt:,termg a1,1thority
fot each licence of such sum, a~ may be fi'{ed by the Dtrector, by noti·
fication in the Gatette, subject to the conditiOn that uo such fee shall
exceed the fee specified hereunde1.
(a) for every four wheeled call iagc drawn
by two or m01e horses licensed to ca11y
more than six passenge1 s
~b) lor every othet fout wheeled carriage
d1 awn by two hm ses
(c) for evet y other four wheeled carriage
drawn by one horse or by one or more
bullocks
(d) for every two wheeled carna.ge drawn
by one or more horse~
(c) for every two wheeled carnage drawn
by one or more bullocks
(f) for every rickshaw. perambulator ot·
other vehicle drawn, propelled or pushed
by man or in any other manner
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10 00
5 00
3 00
2 00
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10. Fee for rertifzerl cDPJ' nf,ep,lstn o, l1cence.-Every person applying
for a certified copy of the particulars in the register or licence mentioned
in section 8 shall be furnished the same on payment of a fee of twenty·
five naye paise.
I I. Surpension of licmce b_"!' Rl'gistmng Authorzty.- The registering
authority may suspend for such penod as it thinks fit the licence of any
hackney carnage, whenever it appears to it that such carriage, or any
ammal or harness used therewith is unfit fm pubhc use.
12. Transfer of regtstry.-On any transfer of owner~l11p of a
hackney carriage, the transferee shall, if he de~ ire~ to me 1t as such,
witlun one week from the date of the transfer, apply to the registering
authm ity for transfer of the registry, givmg it the particulars specified
in the fi1 ~t three clauses of section 8.
13. Notm· of rhangr rif reszdmcr, ctr., to be given b;• lzcensees.-(1)
\Vhenever th(" owner of a hackney ca11 1age rhan£ies his rc~idence, or the
place where ~urh ca~riage is kept, he shall withm one week from the
date of such change forward lm licence and give to the reg1~tenng
authonty a notice in wntmg signed by him ~pec1fymg the new re>~dence
or place.
(2) Eve1 y ~uch owner \v ho neglects to forward his li.ccnce or give
such notice shall be ha ble to a fine not exceeding twenty rupees.
14. Transfers and change of reszdence to be regzstered.- The registering
authority, on rcceivmg the apphcatwn or notice specified in section 12
or section 13, shall make the necessary alteration in the register and the
licence, and retl.l.rn the licence; and a fee of twenty-five naye patse shall
be payable along with every such application or notice.
15. Appeal.-Any person aggrieved by any order refusing regis
tration of any vehicle under sectiOn 6 or suspending a licence under
section II, may withm thirty days from the date of intimatiOn of such
order, appeal to the local authonty concerned and the order pas~ed m
appeal shall be final.
16. Penalty for J..eejnng unhcmsed hackney ran ZO/!C.- \Vhoever keeps
any hackney caruage, which has not been duly licen'led under this Act,
shall be lialJle to a fine not exceedmg fifty rupee<;.
17. N111nbe1 in!! rif harkney can zagc.-( 1) Upon the 1 egist1·ation of
any hackney caruage, the re'Si'ltet ing authority shall cause to be painted
on some conspicuou~ part of the c-arriage or on a plate to be affixed on
<;orne conspicuous part of the rarr1age it~ number m the register and the
number of passcnqers it IS IJccmed to carry.
(2) If the word~ or figm es <;o painted become indistinct or are
obht!'rated dunn~ the term of the licence, the owner of the carnage
shall be bound to produce it before t~1e regi~tenng aut honty and apply
to have 'luch words or figure~ renewed. If the plate so affixed shall
have been Io~t or stolen, the owner of the can 1age shall be bound to
apply to the registering authouty to have a new plate affixed.
(3) The fcc for the painting done or the plate supplied under
sub-sectiOn (I) or sub-section (2) shall be twenty-five naye pai~e,
payable to the registering autl10rity.
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18. Penalty for plywg for /me w1thout plate 01 wscnptzo11.-lf any
hackney carriage stands or plies for hire without a plate or legible
inscription as prescribed by section 1 7, the o~ner thereof shall be liable
to a fine not exceeding twenty rupees.
19. Retum of plate on expiry rif hcmce.--(1) On the expiration or
other determination of the period of registration, the owner of every
hackney carriage shall cause the plate, if any, of such hackney carnage
to be delivered to the registering authority.
(2) Any person who. after the expiration of the penod aforesaid,
wilfully omits for fourteen days to deliver the plate, if any, to the said
authority, shalJ be liable to a fine not exceedmg twenty rupees.
20. Penalty for using counterftit plate.-( 1) Every person who shall,
for the purpose of deception, use or have any plate or painting resem
bling or intended to tesemble any plate affixed or paintmg made under
thts Act, shall be punishable with fine which may extend to fifty rup<"es,
and in the case of a subsequent convict1on under this section, with fine
which may extend to one hundred rupees or with imprisonment for a
term which may extend to one month, or with both.
(2) Any officer of the local authority duly empowered in that
behalf by the registering authority or any Police officer may seize and
take away any plate used or had as aforesaid wheresoever the same may
be found, and delive1 the same to the registering authority and in the
case of painting referred to in sub-section (I) obliterate the same.
CHAPTER III
Driver's licence and badge
21. Grant of drwer's licence.-( 1) The regtstering authority may
grant a licence to act as driver of any hackney carriage to any appli
cant whom it may consider fit, prov1ded he is not a minor.
(2) Every such licence shall contain-
(z) the number of the licence, the name, place of abode and
age of the person to whom such licence is granted.
(ii) the description of the carriage and animals, .if any, to be
used therewith ; and
(ui) the date on which the licence was granted and the date
of its expiry ;
and shall bear the signature of the registering authority.
(3) Such licence -hall be in force for the year of registration and
the fee payable therefor shall be one rupee and fifty naye paise ·
P10vided that no fee shall be payable for the licence for the driver
of a nckshaw ; and the fee payable for the licence for dnver of any
hackney carriage mentioned in clause (f) of section 9, other than a
rickshaw, shall be twenty-five naye paise.
22. Particulars rif lzcence to be regzstertd.- The particulars of every
licence granted under section 21 shall be entered in a register by the
registering authonty and every person applying shall be furnished with
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a certified copy of such particulars on payment of a fee of twenty-five
naye paise.
23. Penalty for dnving wzthout licence or le1zdi11g licencc.-lf any per
son acts as the driver of a hackney carriage without havmg a licence
in force for the tim~ being or, having a licence, fails to carry it wtth
him when driving a hackney carnage, or transfers or lends it or allows
it to be used by any other person, he shall be liable to a fine not ex
ceeding twenty rupees.
24. Suspernion of licence by registering autlzorzty -The registering
authority may suspend for such period as it thmks fit the licence of the
driver of a hackney carriage whenever, in its opmion, such driver is
unfit to be so employed.
25. Appeal.-Any person aggrieved by an mder refusing grant of
a licence under section 21 or suspending. a hcence under section 24
may, Within thirty days from the date of intimation of such order,
appeal to the local authority concerned and the otder passed in appeal
shall be final.
26. Penalty for stiffenng unlicenced person to drzve -The owner of a
hackney carnage who knowingly suffers any person, not duly licenced
under this Act, to act as dnver of such carriage, shall be hable to a
fine not exceeding fifty rupees :
Provided that such owner and such unlicenced driver shall be
subject to all the provisions of thts Act for any act done or omitted to
be done by such driver during such employment m like manner as if
such driver had been duly licensed.
27. Supply of badge to driver.-( I) The registering authority shall
at the time of granting a licence to any driver of a hackney carriage,
furnish him with a metal badge punched or marked with the number
of his licence.
(2) Every driver to whom such badge is delivered shall, at all
times while actmg as driver, wear such badge exposed to view.
(3) In case any such driver omits to wear such badge exposed
to vtew whlie acting as dt iver he shall be liable to a fine not exceeding
ten rupees.
(4) Whenever the number on any badge becomes mdistinct or
Is obliterated dunng the term of the licf'nce, or whenever any badge
is lost or stolen, the person to whom the hcence relating to any such
badge has been granted shall deliver such badge or notify its
loss and shall produce such licence to the registermg authority,
and such person shall then be entitled to have a new licence and
badge delivered to him upon payment of the fee specified in
section 21. Such new licence shall be in force for the year of regis-
tration.
(5) Every person licensed under the authority oftlus Act who
uses or wears the badge granted to him after the wntmg thereon has
become indistinct or obliterated shall be liable to a fine not excf'edmg
ten rupees.
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28. Retrun rif r\phui hrencr n11fl hndt;r.-(1) Upon the e\.pitation or
other determinatwn of any licence gtanted to a drivet undet this Act
he shall deliver such licence and his badge to the registering authonty
(2) Every driver who neglects for three days to deliver such
expired licence and badge to the registering authority and also every
person who mes or wears or fraudulently detains any ~uch expired
licence or badge and every person to whom any exptred licence or
badge has been delivered, who lends, gives away, pledges or
sells such badge to any other pet ~on, and every person who detains,
wems or uses any hcence, or badge of anv othet person, ~hall he liable
to a fine not exccedmg twenty rupees.
29. Penalty for unng counteifeit bad~e.-Evet y person who, for the
purpose of deception, uses or wears any badge resembling or intended
to re~emblc any badge granted 11nder the <tuthonty of th1s Act, shall
be punishabl<- with fine wluch may extend to fifty rupt>es, and in thf'
case of a subsequent coJwiction under this ~ectwn, with fine whirh may
extend to one hundrt>cl rupees, or with irnpt1~onmcnt f01 a tetm wluch
may extend to one month.
30. Sci;;;we of exfJired m counte1 (ett badge.-Any officer of the local
authority duly empoweted in that behalf by the registermg authority or
any Police officer may seize and take away any expired or counterfeit
badge, or any badge in respect of which an offence under sectzon 28
has been committed, wheresoever the same may be found, and dehver
the same to the regtstenng authonty.
31. Penalty for fazlw e to p1 oduce fzceuce before .Afagzstratt'.- Whenever
any driver 1s summoned to appear before anv Mag.tstrate to answer any
charge preferred agamst him under this Act, he shall carry with him
his licence, and produce tbe same if required so to do, and any driver
who, on such requisition, refuses to produce such l1cem:e, shall be liable
to a fine not exceeding five rupces.
32. Convzrtinns under Actin be endrnsrd 011 17r!'llcc.-On the conviction
of any dnver for any offence under this Act, the Magistrate shall cause
to be endorsed on l11s licence the nat111 e of the offence, the date of the
convict tOn and penalty inflictrd.
33. Canrellation or suspmsznn of 17rmrr 011 ro11viction.-(l} On the
conviction of any driver for any offence under th1~ Act, the tv1agistrate
may direct the cancellation of the hcence of ~urh dt"ive• or its suspen
SIOn for ~uch time a~ lw thinks fit.
(2) For such pwpos!', h!' may reqmre the dr•vcr or, any othe1
per~on WhO may be in posse~SIO!l of the hc:e!lC!' Ol badge to de)iVeT 11p
the same.
(3) If such driver or other person refuses or neglects to deliver
up the licence or badge, he shall be I iahle to a fine not exceeding ten
rupees.
(4) The Magistrate shall forward every licence and every badge
delivered up to htm under sub-sectiOn (2) to the tegtstenng authonty
together with a memorandum of his sentence in the case.
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(5) The registering authority shall enter the fact of such sentence
in the register referred to in section 22, and shall either suspend or
cancel such hcence according to the direction of the Magistrate ; and
if 1t has been suspended, the registering authority shall, on application
at the end of the period of suspension, redeliver such licence or badge
to the person to whom it was granted.
CHAPTER IV
Fares, Hiring and Plying for Hire
34. Maxzmumfaresjor use of hackney carriages.-( I) The owner or
dnver of every hackney carriage may demand and receive for the hire
of such carriage such fares as may be fixed and published by the
registering authority with the sanction of the Director, duly notified:
Provided that any agreement entered into to accept a fare lower
than the fare so fixed shall be binding~
(2) No owner or driver shall demand or receive over and above
the said fare any sum for back fare for the return of the carriage from
the place at which it was discharged.
35. Contract for higher fare invalid.-No agreement made with the
driver of any hackney carnage for the payment of more than the fare
published in accordance with section 34 shall be binding on the person
making the same, and any person, notwithstanding such agreement,
may refuse on dtscharging such hackney carriage to pay any sum
beyond such fare. If, in pursuance of such agreement, any person
rece1ves any sum exceedmg the fare allowed, he shall be hable to pay
a fine not exceeding ten rupees and also to refund such excess, whtch
shall be recoverable as if it were a fine.
36. Publication of authorised fares and diJtances .-(I) The regtstering
authority shall cause to be prepared a hst in English and in any
other local language of the fares published undt>r section 34 and shall
annex to such hst a table showmg the dt~tance between the prmctpal
. places to and from which hackney carriages commonly ply. The
di>tances so shown shall be p1 esumed to be correct.
(2) Copies of such hst and table shall be issued to all applicants
on payment of a fee of twenty-five naye paise for each copy or of such
other sum as the registering authonty, subject to the control of the
Director, may prescribe.
(3) The driver of every hackney carriage standing or plying for
hire shall have with him a copy of such list and table and shall on
demand produce the same for the mspection of any Police Officer or of
any officer of the local authority duly authonsed m that behalf by the
1 t'gtstering authority or for the mformation of any htrer of, or pas~enger
by ':,is carriage, and shall in default, be liable to a fine not exceedmg ten
rupees.
( 4) The registering authonty shall also cause an abstract of the
fares referred to in sub-section (I) to be prepared in English and in
any other local language and printed on enamelled plates and such
plates shall be issued to applicants on payment of a fee of twenty-five
naye paise for each plate,
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(5) Every hackney carriage shall have such a plate affixed and
as often as any port1on of the printmg on any such plate becomes
indistinct or obliterated, re-affixed, on a consp1cuous part of the carriage
tn accordance with the directions of the registering authority.
(6) If any hackney carriage stands or phes for hire without such
a plate affixed or re-affixed as required by sub-section (5), the owner
and driver thereof shall be punishable with fine not exceeding twenty
rupees.
37. The maxtmum distance to whtch the dnver zs bound to drive.
( I) The driver of every hackney carriage shall be bound to drive such
carriage to any place named by the hirer which is not more than 3 miles
from the place of hiring in the case of veh1cles of the description speci-
fied in clause (f) of section 9, and in the case of any other vehicle, not
more than six miles.
(2) When any hackney carnage is hired by time, the dnver
thereof shall dnve the same at a rate of speed not less than that pres
cribed by "lhe registering authonty.
(3) A dnvcr faihng, Without 1easonable Pxcuse, to comply w1th
the provisiOns of tillS sectiOn shall be hable to a fine not exceeding ten
rupees.
38. Qua11tzty of luggage to be carrzed.- The dnver of every hackney
carriage shall carry in or upon such carriage Without addit1onal charge
such quantity of luggage for every person lunng the same as may be
prescnbed by the rules under th1s Act.
39. Penalty for refusing to let hackney carrzage for hire.-Any owner or
driver of any hackney carriage who demands more than the fare to
which he 1s legally ent1tled, or without reasonable excuse refuses to let
such carriage for hire, shall be liable to a fine not exceedmg fifty rupees
and to pay such further sum by way of compensatiOn to the party com-
plaming as to the Magistrate may seem JUSt, and such furthe1 sum shall,
in default of Immediate payment, De levied as If It Wele a fine.
40. Penal tiCS for vmwus qffences by drzVlr.-Ever y drrver of a hackney
carriage who-
(a) is drunk dunng h1s employment,
(b) makes use of msulting or abusive language or gesture,
(c) stands elsewhere than at some stand or other places appoint
ed for the purpose of loiters for the purpose ofbemg hued 111 or upon
any public street, road 01 place,
(d) wilfully obstructs, or hinde1s, the dnve1 of any othe, hackney
carnage 111 takmg up or settmg dO\\ n any person mto, 01 from such
nthet ca· nage,
(e) wrongfully prevents or endeavours to prevent the dnver of any
o thl"r hackney carriage from being h1red:
(f) refuses to admit and ca11 y 111 such carnage the numbet of
passengers the carnage IS licenced to carry ;
(g) carries more than such number of passengers,
(h) refuses to carry the quanttty of luggage allowed by the
licence;
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(i) being hired, permits or suffers any person to be carried in or
upon or about such hackney carriage during such hire, Without the
consent of the person hiring the same;
(J) drives in any hackney carriage any animal which is not so
secured as to be under the control of the driver,
(k) being hired by time or distance, before he has been dischar·
ged by the hirer, wilfully deserts from the hiring;
(l) phes for hire with any carriage or animal which shall at the
time be unfit for public use;
(m) plies for hire with any carriage wh1ch is not fitted with any
suitable warning signal, such as bell, horn or other contrivance;
(n) without previously disinfecting it, knowingly uses for hire any
carriage used for the conveyance of a corpse or any person suffering
from any contagious or infectious disease;
(o) demands advance payment offare;
(p) refuses to obey the 1 easonable directions of any person hiring
his vehicle; and
(q) permits the inside of the hackney carriage of wh1ch he 1s in
charge, to become dirty,
shall be liable to a fine not exceeding fifty rupees, or to impnsonment
which may extend to one month or to both.
41. Requisitzon to owner to furmsh address of absent drzver. -( 1) When
a complaint is made before a Magistrate against the driver of a hackney
carriage under this Act, the Magistrate may if the driver fails to appear,
summon the owner to appear and to furnish the correct address of the
driver.
(2) If the owner after being duly summoned fails, without
reasonable excuse, to appear or furmsh the correct address of the driver
accordmg to the summons, he shall be hable to a fine not exceedmg
fifty rupees.
(3) If the owner fails without reasonable excuse to appear or
furni h the correct address of the driver on a subsequent summons
requmng him to do so, the Magistrate may dispose of the complaint 111
the absence of the owner and dnver or either of them.
42. Special provzszon 1egarding rzckshaws.-Notwithstanding anything
contained in this Act, the fine in respect of any offence relating to
rickshaws under th1s Act shall not exceed ten rupees.
43. Procedure zn case oj daspute between hzrer and drwer.-(1) In case
of any d1spute between the h1rcr and driver of any hackney carriage,
either may require the other to proceed forthwith to the ne~rest
Magistrate's court and the then sittmg Magistrate shall hear and deter
mine the d1spute in a summary way.
(2) If no Magistrate be then Sitting, either party may 1 equire
the other to proceed to the nearest Pohce Officer who shall enter the
complaint m his diary and require the parties to appear before the
Magistrate at his next sitting.
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(3) On failure of either party to appear before the Magistrate
in pursuance of a requ1sition under sub-sect10n (I), or sub-section (2)
or to attend the Court at any subsequent sitting to which the case
may be adjourned, the Magistrate may decide the case ex-parte, and
h1s decision llhall be binding on both parties.
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- h44. d Prhocedkure m case of refusal to pay fare.-h( I) If any dperson
1
who ~
as 1re a ac ney carriage refuses to pay to t e owner or liVer t tere- } :;:-
of, the fare payable under this Act, the Magistrate may order payment
of such tare, and also of reasonable compensatiOn for loss of t1me, and in
default of Immediate payment, such fare and compensation may be
recovered as a fine.
(2) If any person who has used any such carnage attempts to
evade payment ofthe legal fare, or any portion thereof, he shall be
liable to a fine not exceeding fifty rupees in additiOn to any payment
which may have been ordered under sub-~ect10n (I).
45. Penalty for defacmg 01 destroymg plate, badge or table of fares.-( I)
Every person who wilfully tears, destroys, defaces, obliterates or removes
any plate, list of fa1es, table of d1stances, or dnver's badge, kept under
the provisions of this Act, shall be liable to a fine not exceedmg twenty
rupees.
(2) Any portiOn ofthe fine may be awarded to the person to
whom such plate, list of fares, table of distances, or driver's badge
belongs.
46. Penalty for wzljul damage to hackney camage.-Every person
using a hackney carria15e who Wilfully causes any damage to the same,
~hall be liable to a fine not exceedmg twenty rupees and shall also pay
to the owner such compensatiOn for the damage as the Magistrate
may direct; and such compensation shall be lev1able as 1f 1t were a fine.
47. Hackney carnage stands.-(!) The registering authonty
shall appoint a sufficient number of pubhc stands for hackney
carriages.
(2) Every public ~tand so appomtcd shall have a board placed
in a consp1cuous place on the same, contammg a not1ce m English and
m any other local language statmg that the stand IS a public stand under
this Act, and spec1fyng the number of carnages that may be stationed
in it.
CHAPTER v
Lost Property
48. Deposit wzth reg1stermg authonty or Pollee OjJ1rer of p1operty left 111
hackney rarnaf?e.-( I) The owner 01 d11Ver of every hackney carnage
whel-em any property 1s left by any pe1 son •hall, w1thm eighteen hours
depostt the property w1th the 1 eg1stering au thonty or w1th the Inspector
or other officer on duty in the neare~t police ~tal10n and shall be entitled
to a rece1pt duly signed by the officer takwg charge of the same.
(2) Any such owner or driver makmg default he1em shall be
liable to a fine not exceeding twenty rupees nr to imprisonment for a
period which may extend to one month or to both.
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49. The regzstenng authonty or Polzce Officer to regzster partzculars of
prope,ty deposzted and grant recezpt.-( l) The said authority or officer
shall forth\\-tth enter, in a book to be kept for that purpose-
( a) the description of the property;
(b) the name and addre~ of the driver or other person who
brings it;
(c) the name and address of the owner of the hackney
carriage in which it was left, and the registered number of the carriage,
and
(d) the day and hour when the property is brought and shall
give to the person bringing the property a receipt for the same.
(2) If the property is deposited in a police statiOn, the officer
receivmg the property shall forthwith forward the same to the registe
ring authonty wtth a copy of the entnes made in the book in respect of
the property.
( 3) The property deposited under sub-section (I) shall be
delivered to the person who sattsfies the registenng authonty that it
belongs to !urn, upon payment of all expenses incurred by the owner or
dnver together Wtth such reasonable sum as the registermg authonty
may award.
Provided that-
(i) if the property 1s not claimed and the ownership establi
shed wtthm s1x months from the date of depostt, the registering
authority may cause the property to be advertised and sold by public
auct10n;
(tt) when the property so deposited is subject to speedy and
natural decay or when the expenses of keepmg it in custody 1s hkCiy
to exceed its value the reg1stenng authonty may cause It to be sold at
once ; and the proceeds, after deductmg the expenses together wtth such
reasonable sum as the reg1stenng authonty may award to the owner or
driver, may be forfetted to the Government, 1f wtthin the period
aforesaid the ownership IS not established.
CHAPTER VI
Prosecutions
50. Expartc dtsposal of crimmal chat ge .-If, in any prosecution under
this Act, the person charged does not appear as directed by the
summons, the Magistrate may, upon proof of personal service and if no
sufficient cause be shown for the non-appearance, proceed to dispose of
the case in his absence.
51. Lzmztatzon restrzctzng crzmznal proceedmgs .-( 1) No person shall
be hable to prosecution for any offence under this Act unless the com
plamt respecting such offence be made within one month next after the
commtssion of such offence.
(2) For the purposes of th1s section, every failure or contravention
punishable under this Act shall be deemed to be a continuing offence so
long as the fatlure or contravention continues.
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52. Compensation for frivolous prosecution.-Where the Magistrate is
satisfied that a complamant had no reasonable ground for instituting a
prosecution, he may direct the complainant to pay to the accused such
compensation not exceedmg fifty rupees as he thinks fit and the sum so
awarded shall be recoverable as if it were a fine.
CHAPTER VII
Special provisions relating to rickshaws
53. Power of Government to make special rules.-(1) Notwithstanding
anything con tamed m the foregomg provtsions of thts Act or the rules
made thereunder, the Government, may after previous publication,
make special rules for the licensing of rickshaws and rickshaw pullers.
(2) In particular and without prejudtce to the generality of the
foregoing power such rules may-
(a) prescribe the period for which the nckshaws, hand-pulled
and cycle-driven, are to be permitted to ply ;
(h) prescnbe the stze and design of rickshaw and the conditions
for grant of hcence ;
(c) prescribe the period after whtch the hcence has to be
renewed;
(d) prescribe the standard of phystcal fitness, with special
reference to age, required for nckshaw pullers and drivers;
(e) prescribe the rates of fees to be paid by nckshaw puller
and drivers for medtcal certificates ;
(f) prescribe the penalties f01 the violation of any of the rule
by the owner of the nckshaw or by the puller or dnver of the rickshaw . .
CHAPTER VII I
Rules, bye-laws and Delegation
54. Power to make rules.-( I) The Government may, after previous
publication, make rules, not mconststent with the provisions of this Act,
to carry out the purposes of this Act.
(2) In parttcular and without prejudice to the generality of the
foregomg power, such rules may be made with regard to-
(a) the exammation and qualifications of drivers and the
conditions under which they may be employed ;
(b) the descnption of horses, bullocks or other animals,
hat ness and other things to be used wtth hackney carriages, the
dimensions of such carnages, the condition in which such carnages and
horses, bullocks or other animals, harness and other things used there
with shall be kept ,
(c) the inspection of the premises on whtch any such carriages,
horses, bullocks or other animals, harness and other things are kept ;
(d) the inspectton cf hackney carriages with a view to see if
such carriages are in a fit condttion for public use ;
(e) the fittmg of bells, horns or other warning signals to
carriages and for testmg the same ;
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{f) the protection of weak, lame and sickly horses, bullocks or
other ammals ,
(g) the publicatiOn of the !Jst of fares and table of distances and
the regulation of the amount and weight of luggage to be carried with
or without additional charges ; and
(h) generally for carrying out the purposes of this Act.
(3) Every rule made under this Act shall be laid, as soe>n as may
be after it is made, before the Legislative Assembly while it is m session
for a total penod of fourteen days which may be compnsed in one
sessiOn or in two successive sessions, and if, before the exp1ry of the
sessiOn m which 1t 1s so laid, or the session immediately following, the
Legislative Assembly makes any modification in the rule or decides that
the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so however
that any such modification or annulment shall be without prejudice to
the validity of anythmg previously done under that rule.
55. Power to make bye-laws.-Every local authority may, with
the previous approval of the Director, make bye-laws not inconsistent
With the provisions of this Act and the rules made thereunder on matters
not covered by the rules.
56. Penalty for brerzch oJ bye-laws.-Whoever infringes any rule o
bye-law shall, on convictiOn bef01e a Magistrate, be liable to a fine no
exceedmg twenty rupees.
57. Delegatton oJregzstermg authority's junction.-With the sanctiOn
of the Director, the reg1stenng authority may delegate to any othe
officer under 1t all 01 any of its functions under this Act.
58. Repeal and savzng.- The Madras Hackney Carriage Act, 1911
(Act V of 1911) as in force in the Malabar d1strict referred to in sub
~ection (2) of sectiOn 5 of the States Reorganisation Act, 1956 and the
Travancore-Cochm Hackney Carriage Act, 1950 (XXXV of 1950) are
hereby repealed.
SCHI:DULE
[See Section I (3)]
I. Trichur M umcipahty
2. Kunnamkulam Mumcipahty
3. Alleppey Mumcipahty
4. Shertallai Municipality
5. Muvattupuzha Munic1pahty.
6. Mattancherry Municipality
7. Parur Municipality
8. Ernaku1am Municipality
9. Trivandrum City
10. Area under the junsdiction of the Calicut Town Police Station,
Calicut Kasba Police StatiOn, Nadakkavu Police Station and
Panmankara Police Station.