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The Punjab Cycle Rickshaws Regulation of Lenience) Act, 1976

Punjab · state statute
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PUNJAB GOVT GAZ. (EXTRA.), NOV. 22, 1976 
(AGHN. 1, 1898 SAKA) 
No. 
the 
PART I 
LEGISLATI VE DEPARTMENT 
Notification 
The 22nd November, 1976 
46-Leg-/76.-The following Act of the 
State of Punjab receíved the assent of the 
of Indía on the 15th November, 1976, and ís hereby publíshed for general 
informatíon : 
Punjab Act No. 41 of 1976 
THE PUNJAB CYCLE-RICKSHA WS (REGULATION OF 
LICENCE) ACT, 1976 
AN 
ACT 
149 
Legislature 
President 
10 regulate the issue of licences in respect of cycle-rick shaws plying in ay 
municip al area in the State of Punjab. 
BE it enacted by the Legislature of the State of Punjab in the Twenty 
seventh Year of the Republic of India as follows : 
1. (1) This Act may be called the Punjab Cycle-Rickshaws (Regu 
laion of Licence) Act, 1976. 
2. In thi_ Act, unless the context otherwise requires, 
(2) It shall come into force on such date and in such municipal area or 
areas as the State Government may by notification appoint and different dates 
may be appointed for diferent municipal areas. 
(a) "cycle-rickshaw'' means a three-wheeled cycle-rickshaw driven by 
manual labour and includes all its components and accessories; 
Short title 
and 
commence 
ment. 
(6) 'municipai area'" means any area within the juri_diction of a 
municipal committee or notified area committee established under 
any law for the time being in force ; 
(c) "municipal authority'' means and includes any authority of the 
municipal committee Or notified area committee established 
under any l¡w for the time being in force. 
Definitions. 
Licence fot 
cycle 3. () Notwithstanding anything containd to the contrary in the 
Punjab Municipal Act, 1911, or any rule or order or bye-law made thereunder trickshaws. 
or any other law for the time being in force, no owner of a cycle-rickshaw 
SaIl be granted any licence in respect of his cycle-rickshaw nor his licence 
Snall be reneWed by any municipal authority after the commencement of this 
Act unless the cycle-rickshaw is to b¹ plid by such owner himself. 
(2) Every licence in respect of a cycle-rickshaw granted or renewed 
Pror to the commencement of this Act shall stand revoked on the expiry of a 
Period of thirty days after such commenc ment if it doces not conform to th¹ 
Provi_ions of this Act. 
3 
PUNJAB GOVT GAZ. (EXTRA.), NOV. 22, 1976 149 . (AGHN. 1, 1898 SAKA) 
PART I 
LEGISLATIVE DEPARTMENT 
Notification 
The 22nd November, 1976 
No. 46-Leg./76.—The following Act of the Legislature 
of the State of Punjab received the assent of the President 
of India on the 15th November, 1976, and is hereby published for general 
information i— 
Punjab Act No. 41 of 1976 
THE PUNJAB CYCLE-RICKSHAWS (REGULATION OF 
LICENCE) ACT, 1976 
AN 
ACT 
to regulate the issue of licences in respect of cycle-rickshaws plying in any 
municipal area in the State of Punjap. 
BE it enacted by the Legislature of the State of Punjab in the Twenty- 
seventh Year of the Republic of India as follows :— 
1. (I) This Act may be called the Punjab Cycle-Rickshaws (Regu- Short title 
lation of Licence) Act, 1976. Te Val _- ~~ 
. LC. ment. 7 
) It shall come into force on such date and in such municipal area or ( 
areas as the State Government may by notification appoint and different dates 39275, 
may be appointed for different municipal areas. 17/ 
2. In this Act, unless the context otherwise requires,— Definiilaty 0 
(a) **cycle-rickshaw’> means a three-Wheeled cycle-rickshaw driven by ef } 
manual labour and includes all its components and accessories; mal 
(b) ‘municipal area’ means any area within the jurisdiction of a A 
Mann municipal committee or notified area committee established under 
any law for the time being in force ; 
(¢) **municipal authority” means and includes any authority of the 
municipal committee or notified areca committee established 
under any law for the time being in force. 
3. (I) Notwithstanding anything contained to the contrary in the Lo i 
Punjab Municipal Act, 1911, or any rule or order or bye-law made thereunder rickshaws. 
orany other law for the time being in force, no owner of a cycle-rickshaw 
shall be granted any licence in respect of his cycle-rickshaw nor his licence 
shall be renewed by any municipal authority after the commencement of this 
Act unless the cycle-rickshaw is to be plied by such owner himself. 
(3) Every Houtep I voupesh of 8 cycle-rickshaw granted or renewed 
Prior to the commencement of this Act shall stand revoked on the expiry of a Period of thirty days after such commencement if it does not conform to the 
Provisions of” this Act.
Bxemption. 
Penalties. 
Forfeituro. 
Powor to 
make rules. 
I50 PUNJAB GOVT GAZ. (EXTRA.), NOV. 22, 1976 
(AGHN. 1, 1898 SAKA) 
4. () Notwithstanding anything contained in this Act, a liceno: 
TesPect ofa cycle-rickshaw may be granted to a widow or to a disabled 
tobe plid by anothr prson if this is the only source of her or his livelihood 
and in such a case it shall be lawful for the IAunicipal authority to gran 
driving licence to a person other than th: owner of the cycle-riçkshaw. 
full particulars of the owner and the driver engaged to ply it with a photog 
of the driver. 
Person 
by a municipal authority to an institution to be plied through any other 
(2) A licence in respect of a cycle-rtckshaw may also be granted or reneWed 
Person, if the institution has to ply it not for hire but to meet its own require-
ments of conveyance and tran_portation and in such a çase it shall | be lawful 
for the municipal authority to grant a driving licence toa person other tho the owner of th: cycle-rickshaw giving full particulars of the owner and t 
driver engaged to plyit with a photograph of the driver. The body of se cycle-rickshaw will be painted yellow. 
5. (/) Any person who is found to be in possession of a cycle-ri ckehoe 
without a licence conforming to the provisions of this Act or plies or causes it to be plied by a person without a valid driver's l1cence 1ssued under any la 
for the time being in force or plies or causes to be plied a cycle-rickshaw meant to be plied for hire without painting the body thereof in yellow shall be 
punishable with imprisonment which may extend to three mont hs. 
(2) Notwith tanding anything cTntained to the contrary in the Code of 
Criminal Procedure, 1973 (Act II of 1974), an offence under this Act shall 
be cognizable. 
6. () If any person is convicted of an offence under section 5, the Court sball declare the cycle-rickshaw in respect whereof the offence is committed to be forfeited to the State Government. 
lot 
(2) If the owner of a cy cle-rickshaw cannot be tra ced, the court before whom the cycle-rickshaw is produced shall declare it to be forfeited to the State Govermment. 
7. () The State Government may by notifi cation make rules for carrv ing out the purposes of this Act. 
2s447LR.(P) Govt. Press, Chd. 
(2) Every rule made under this section shall be laid as soon as may be after it is made before the House of State Legislature while it is in session for a total period of ten days whi ch may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in whi ch it is so aid or the su ccessive session aforesaid, the House agrees in making any modifi cation in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form ot be of no effect, as the case may be, so however, that any su ch modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 
S. S. KALHA, 
Secretary to Government, Punjab, 
Legíslatíve Department. 
Exemption. 4 
Penalties, 
Forfeiture, 
Power to 
make rules, 
GOVT GAZ. (EXTRA), NOV. 22, 1976 4 150 PUNJAB, CHUN. I. 1898 SAKA) 
— mo 
fihetandineg anything contained in this Act, a licence j . {) Tortie nnarte ad tcawidoworto a disabled Person Yogpes) of oye otha person if thisis the only source of her or his livelihogq 
wig 1 Node shall be lawful for the municipal authority to grant and in jen a a8ys § person other than th: owner of the cycle-rickshaw, giving 
Fai DE of the owner and the driver engaged to ply it with a photograyg 
ofthe driver. o be sant 
> 1 cle-rl SIS Pp > grante or ren sin respect of a cycle-rickshaw may also be g Chey, 
by D5 Tes le ry to an institution 2 Be plied through any otha 
i Institut i { e but to meet its own req: 2 > institution has to ply itnot for hire ot equine. ER LE and transpostationandin such a case it shal) be lawfy 
for th: municipal authority to grant a driving licence to a person other than the owner of tha cycle-rickshaw giving Lo of Gs OWnher and the driver engaged to ply it with a photograph of the driver. The body of such & cycle-rickshaw will be painted yellow. 
. Any person who is found to be in possession of a cycler Dy De Wan © to the provisions of this Act or plies ay it to be plied by a person without a valid drivers licence issued Under any law for the time being in force or plies or causes to be plied a cycle-ri Ckshaw not meant to be plied for hire without painting the body thereof in yellow shall be punishable with imprisonment which may extend to three months. 
(2) Notwithtanding anything cratained to the contrary in the Code of Criminal Procedure, 1973 (Act II of 1974), an offence under this Act shall be cognizable. 
6. (I) If any person is convicted of an offence under section 5, the Cougt shalldeclare the cycle-rickshaw in respect whereof the offence is Committed to be forfeited to the State Government. 
(2) If the owner of a cycle-rickshaw cannot be traced, the court before whom the cycle-rickshaw is produced shall declare it to be forfeited to the State Government, 
7. (I) The State Government may by notification make rules for carry- ing out the purposes of this Act. 
(2) | Every rule made under this section shall be laid as soon as may be after itis made before the House of State Legislature while it isin session fora total period of ten days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which itis so laid or the successive session aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, asthe case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 
S.S.KALHA, 
Secretary to Government, Punjab, 
Legislative Department. 26447LR (P) Govt, Press, Chd.

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