LexThe Tamil Nadu Hackney Carriage Act, 1911
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The Tamil Nadu Hackney Carriage Act, 1911
Act 5 of 1911
Keyword(s):
Hackney Carriage, Driving, Horse, Year of Registration, Hand Rickshaw
Amendment appended: 16 of 1999
(TAMIL NADU) ACT No. V OF 1911'.
(Received the ass& of the Governor on the 16th June. 191 1
an& thut of the Governor-General on tibe 7th Jwly
1911; the went of the @vernor-Ger)~rd was $rut
publiaM in the Pwt. St. Ueorge Q@e of th.~
8th A4~gwt 1911.)
An Act to amend and declare the Law for the
R~gulation of Hackney Carriages.
P#enrnb~e. W~roarsas it is expedient to amend and declare the law relating to the regulation of haokney oarriages;
It is hereby emoted as follows:-
'Ntle. 1. (1) This Act may be called the '(Tamil Nadu)
Hackney Carriage Act, '1 91 1.
y(2) It extends to the town of Madras.
1 Them words were substituted for the word "Madrea" by
bhe Tamil Nadu Adaptation of Laws Order, 1969, as amsnded by
the Tamil Nadu Adaptation of Laws (Eleoond Amendment) Order,
1~69, whioh aame into foroe on the 14th January 1969.
a For Statement of Objeote and Reasons, aes Fort St. George
~a~te, 1911, Extraordinary, p. 37 ; for Report of Seleat Committee
us aid, 1911, Pt. IV, p. 285 ; for Prooeedings in Council, see ibid, 1811, Pt.IV,pp. 84and463.
Thir Aot war extended to ths merged State of Pudukkottai
by motion $of, and the First Sahedule to, the Tamil Nedu
Korged St&- (~wB) AO~P 1949 (Td Nfdu Aot XnV of 1949).
This Aot war extended to the Ksngak~mari distriot and the
&hencottah feluk of the T~lveli distriot by seation 3 of, ad
bhe First sahadule to, tho 'Jh~l Nadu ('hmderred Territory)
Extension of Lawn Act, lee0 (Tamil Nadu Aot 23 of 1960), whioh
into foroe on the 1.t April 1961 repeading fie oorresponding
Irwin form inthet territory.
The WOZQ "in the Town of hbBdr8~" omitted by settion
1 of the Madras Btage Carriages and Haokney Ca~~ia~o (bud.
men&) Act, 1924 (Medrar Act 111 of 1924).
I
4 Sub-aeotion~ (2) end (3) were subrtitubd for the original
rub-re&ona by reation 4 of the %dram Stage Oerria s md H,,C~. .UY asiy. (mdmont) 1914 W~drtu lot % of igsq.
1811a T. N. Aet V] jfiackneg Carriage ' 697
(3) (i) The '[State Government] my, by LO,,^
notific&tion, extend to such other parts of the '[State of extent*
Tamil Nadu] as it may think fit all or any of the provi-
sions of this Act from a date to be specified in the notifi-
cation, which shall not be less than three months fkom
the date of the notification :
Provided that no such notification shall be
issued unless notioe of the proposed extension inviting
objections thereto shaA have been published not less
than two months previously.
(ii) The [State Government] may, by notification,
cancel or modify any such notification as is referred
to in clause (i)].
2. The Madras Hackney Carriage Act, 1879, ia xeperl.
Mmbr hereby mpealed.
Act 111
of 1879. 3. In this Act, unless there be something repugnant Dofini.
in the subjeot or oontext,- tione.
(1) "C~mmissioner'~ means the Commissioner of .yco-h-
Police appointed *[for the City of Mad~as]. a~oner."
'[(l-A) "Deputy Commissioner "means the Deputy "Deputy
Commissioner of Police (Traffic and Licensing) in the Commir-
City of Madras.] rioner".
(2) "Magistrate " means any magistrate having "Magi*
local jurisdiction in any area to which this Act extends. trote."
1 The words "~rovinoial Government" were nubstituted
for the words "Local Uovernment" by the Adaptation Order of
1937 and the word "State" Was substituted for "Provinoial" by
the Adaptation Order of 1960.
' Thie expression was substituted for the expression "Preri-
dency of Mndras" by the Tamil Nadu Ada tation of Laws Order,
1970, whioh wns deemed to have come into &roo on the 14th Jantr-
rry 1970.
8 These words were substituted for the words, and figures
"under the Madrm City Police Act, 1888," by section 3 (1) of, and
the Seoond Schedule to, the Tamil Nadn Repealing and Amending
Act, 1961 (Tamil Natlu Aot XIV of 1961 ).
4 'M olew was inaerted by section 3 of the Tamil Nadu
Hsokney Mags (Amendment) Aot, 1964 (Tam11 Nadu Aot 21
of 1964).
698 Hackney Carriage [1911: T. N. Act V
"IIuakney (3)l ["Hackney carriage" means-
Curriago."
(a) any hand-cart, not owned by the State
Governrnellt ;
(b) any whceled vehicle (includinlg a cyclt-
rickshaw), not owned by the State Government,
which-]
(i) is drawn, pushed or propelled by a mall,
or is drawn by a horse, bullock or other animal;
(ii) is used for the conveyance of any person;
and
'[(iii) stands, or plies for hire by the
hour or day or according to distance,
but does not include a hand-rickshaw ;]
[(4)] "Drivingyy includes '[drawing, push-
"Driver." ing or propelling] and "driver" includes any pemon
who drives, '[draws, pushes or propels] any hackney
carriage.
''Home." '[(6)] "Horse" includes mule or pony.
"Year of rcgle- a[(6)] " Year of registration" means the
trntion." year ending with the thirty-first day of March. -
1 These words, letters and braoketa were subetituted
for the words and braokets "Hsokney omriagem means any wh~led
vehiolo (inoluding e oyole-riohhaw), not owned by the Stab
Gbvernment, whioh-"by eeotion 3 of the Tamil Nedn Heokney
Carriage (Amendment) Aot, 1964 (Tamil Nadu Aat 21 of 1964).
This sub-olauee was substituted for the original sub-oleuae
(iii) by motion 2 of the Tamil Nadn Hsokney Ce~iepe(~mendment)
Act, 1973 (Tamil Nadu Aot 41 of 1973).
Sub-seation (4) was omitted and sub-sections (S), (6) and (7) were re-numbered as sub-seotions (4), (6) and (6) reepeotively by
motion 6 of the Madras 8 e Carriagee and Haokney Carriage (Amendment) Aot, 1814 (&%as Bob lII of 19%).
4 These words were substituted for the words '.&wing or
pushing" by section 2 (i) (b) of the Medres Backney Mge (Amendmmt) Aot, 1949 (Madras Aot XXXIII of 1949).
'Them wordm were eubstituted for the words "drage or pusher" by ibibil.
I
t 19ii: T. N. Act V1 Hwhy Cadwe 399
1LCHAPTER I-A.
3-A. Notwithstanding anything contained in Prohib,tioll
h this Act, no person shall, with effeqt drawing
from the date specified in a notification issued in this pushing hend
behalf by the State Government, draw or push any riokbllLw'
hand-rickshaw.
1 8-B. hy person who contravenes the P.,mlt,.
, . provisions of section 3-A shall be punishable with
I imprisonment for a term which may extend to three
months, or with fine which may extend to five hundred
). rupees, or with both and the hand-rickshrtw used
in contravention thereof shall be liable to con&-
mtion.]
CHAPTER 11.
4. Every hackney oarriage shall be annually Annual
registered by the 'peputy Commissioner]. registration
corn pulsory.
5. (1) Any person who ia desirous of having A~~~~~~~~~~
any vohicle registered as a hackney carriage shall for registry.
apply to the '[Deputy Commissioner], and ahall
submit such vehicle for such inspection as the
3[Deputy Commissioner] may direct.
(2) The ycrson in whose name any carriage
is registered shall be deem( d to be the ounc r of such
oarriage for the purposes of this Act.
I
1 Thir ohaptor was inserted by section 3 of the Tamil Nadu
Haakney Wage (Amendment) Act, 1973 (Tamil Nadu Aat
41 of 1978).
a Thm word# wero subdtitutcd for the word "Cc~mmissioner"
by seotiol a of tho TamilNadu Hackney Carriage (Amendment)
Aob, 1964 (TdlNsdu Aot 21 of 1964).
700 H&y Om*uge [191l : T. N. Aat V
Right to 6. Every applicant under seotion 6 shall be
registry. entitled to registration unless the 'Peputy Commis-
sioner] is of opinion that the vehicle is not fit for
public use :
Provided that no vehicle shall be registered in
the name of a minor :
aprovided further that the lpeputy Commis-
sioner] shall have power-
(i) to limit the number of vehicles of eny dee-
cription which may be registered annually, in which
case no vehicle of that description shall be rcgietered
in any year in excess of the number so limited ;
(ii) to refuse to register vehicles of a partioular
description, in which case no vehicle of that desorip-
tion shall be registered.]
Grant of 7. (1) The lpeputy Commissioner] shall at the
carriage Lcence. time of registration deliver a licence duly signed
by him to the applicant.
Currency of (2) A licence' granted under this section shall Iieence. be in force for the year of registration.
Form of lioonco. 8. The following particulars shall bc entered in the register and in the licence to be given to the
applicant :-
Pirst.-The number in the register of the
hackney carriage.
Second.-The name and reeidenoe of tho. ownor
drllCS. the place where the oarriage is kept,
1 These words were substituted for the word ‘*Commissioner"
by section 2 of the Tamil Nadu scrokaey Umiage (Amendment)
Act, 1964 (Tamil Nadu Aot 21 of 1964).
2 $or the proviso edded by motion 2 of the Madrerr Raoknoy
Carriage (Amm+ent) Aot, 1841 (~abs Aot I of 1911),
tho ~mnt proviso was aubrtltuted end re-enaated permanently
by aection 3 of, and the Seoond Sohedule to, the ~-1 ~fi~
Re-emoting (NO. 11) dot, 1848 (Tamil Nadu A& =,of 1M8).
1911 : T. N. Act V] Hackney Carriage 701
Third.-A description of the carriage.
Pourth.-The number of horses or other animals
to be employed in drawing such carriage and, if the
carriage is drawn llpushed or propelled] by men, the
number of men to be so employed.
&j R(fth.-The g-%n$qt9f ers such carriage
is licensed to G&1wJljcensed under
* hr...*
'[Si~th.-The minimum of 8 hand-
cart.
8evmfEb.-Tho date of the licence.]
'[O. A fee shall be paid ko the Deputy Commia- forliocnce,
eioner for each licence in accordance with the follo-
ing aoale :-
RS. P.
(a) for every four-wheeled carriage 10.00
drawn by two or more horses
licensed to carry more than six
passengers.
(b) For every other four-wheeled 6.00
carriage drawn by two horses.
(e) For every other four-wheeled 2 .OO
,carriage drawn by one horse or by
bullocks.
(d) For every two-wheeled carriage 1 .OO
drawn by one horse.
--
1 Ttietm words were substituted for the worde "or pushed"
by aeotion 2 (ii) of the Madras Reokney Carriage (Amendment)
Acb, 1949 (Madras Aot XXXIU[ of 1949).
1 Them word8 were eubrtituted for the words uSbth.-The
date of the lioenoe." by motion 4 of the Tamil Nadu Haokney
Oarriage (Amendmsnt) A&, 1964 (Tamil Nadu Aot 21 of 1964).,
8 Thin Wion war mbrtitnted for the original roction 9 by
reotion 6 ,*bid
702 Hackney Carriage [I911 : T.N. Act V
as. P,
(e) For every two-wheeled carriage '0.5
drawn by one or more bullocks.
(f) For every '[ * * * ] cycle- 0.26
rickshaw, perambulator or other
carriage drawn, pushed or pro-
pelled by a man.
(g) For every hand-cart . . . . 0.251
Supension 10. The =[Deputy Commissioner] may suspend for
Of Daputy lioenoe by auoh period as he thinks fit the licence of any hackney
&~nmi,i.nm~ carriage, whenever it appears to him that such oarriage
or any animal or harness used therewith is unfit for
pnblio use.
Transfer of 11. On any hransfer of a hackney carriage the
registry. transferee shall, if he desires to use it as such, within
one week of the date of the transfer, apply to the
z[Daputy Commissioner] for transfer of the registry
giving him the particulars speoaed in the first three
olauses of section 8.
Notice of 12. (1) Whenever the owner of a hackney carri- ohange of
reridenoe, age changes his residence, or the place where such
ebo., to be c&rria.ge is kept, he shall within one week from the
given by
lioemee. date of such change forward his licence and give
to the P~puliy Commissioner] a notice in writing
signed by him speciffig the new residence *place.
Penalty. (2) Every such owner who neglects to forward
his licence and give such notice shall be liable to a
fine not exceeding twent y rupees.
The word "Riokahaw" was omitted by motion 4 of the Tamil
Nadu Haokney Carriago (Amendment) Aot, 1973 (Tamil Nadu
Aot 41 of 1973).
These words were substituted for the word "Commissioner"
by seotion 2 of the Tamil Nadu mkney Carriage (Amendment)
Ad, 1964 (Tamil Nadu Ao? 21 of 1961).
1911 : T.N. Act VJ Hackney Carriage 703
18. The l peputy Commissioner], on receiving Transfers
the application or notice specified in either of the 2::
two last preceding sections, shall make the necessary 6, b, regist.nd.
alteration in the register and the licence and return
the licence ; and a fee of '[fifteen paise] shall be pay-
able in respect thereof.
$[I4 Whoever keeps any hackney carriage, which E,"$,"c for
has not been duly licensed under this Act, shall, on unli~e"~ed
conviction, be punishable- haa@ey oarrlago.
(a) for the first offence with he which mg
extend to fifty rupees, and
(b) for the second or any subsequent offence
with fine which may extend to iifty rupee8 and the
hackney carriage in respect of which the second or
any subsequent offence ha8 been committed may be
confiscated to the Bhta Government.]
15. (1) Upon the registration of any hackll~y Numbering
oarriage the '[Deputy Commissioner] shall cause to ~~'~~~y
be painted on some conspicuous pcrt of the carriage
or on a plate to be affixed on some conspic~~ous part
of the carriage its number in the register
(i) in the case of any hacknoy carriage other
than a hand-cart, the number of passengers such
carriage is licensed Go carry ;
@)+in the case of any hand-cart, the maximum
laden weight such hand-mrt is licensed to carry.]
"Rwm words were mbstituted for the word" Commiesioner"
by seotion P of the Tarril NBdu Hackney Carriage (Amendment)
Act, 1984 ('Tamil Nedu Aot 21 of 1964).
These worde were substituted for the words "two cbnnos"
by mtion 6, W.
This section was substituted for the originel section 14 by
seotfon 7, ibid.
'Thee0 words figures and brackets were substitutod for the
words " and the dumber of pessengers it is licensed to carry " by
reotion 8, ibid.
704 Hmky Carriage [I911 <T.N. Act V
~euewal of (2) If the words or figures so painted become
inreription or indistinct or are obliterated during the term of the plde. licence, the owner of the carriage sbdl be bolind to
produce it before the l[Deputy Commissioner] and
apply to have such words or figures renewed. If the
plate so af3xed shall have been lost or stolen, the owner
of the carriage shall be bound to apply to the lwputy
Commissioner] to have a new plate aifixed. The
oharge for such painting or new plate shallbe '[twenty-
five paise].
Return of 16. (1) On the expirdion or other determination
plaC on
eapiry of of the period of registration, the owner of every
liemnoe. haokney oarriage shall cause the plate of such hackney
wrriage to be delivered to the [Deputy Commi~sioner].
Pendty. (3) A,ny person who, afte~ the expirafion of
the period aforesaid, wilfully omits for fourteen days
Co deliver the plate to the said officer, ahall be liable
to a he not exceeding twenty rupees.
Penalty for 17. (1) Every person who shall, for the purpose
usinl~ oountem of deception, use or have any plate resembling or in-
foit plate. tended to resemble anv plat0 affixed under this
Act, shall be punishable with-fine which may extend to
fifty rupees, and in the case of a subsequent conviction
under this section with fine which may extend to one
hundred rupees or with imprisonment for a torm which
may extend to one month.
Sei~ure of (2) Any police-officer may seke and take away
oounte~feit any plate used or bad as aforesaid, wheresoever the
plak. same may be found, and deliver the same? to the
@6puty Commissioner].
18. If any hackney oafiiage stands or plies for
Pedwfer plying for hire without a plate or legible insoription 88 pres-
hire dth~ub oribed by section 16, the owner thereof shall he liable
p1.k. to a fine not exceeding twenty ~upees.
- -. \
1 These words worn rubrbituted for the word agCommissioner'
by geobion 2 of the Tamil Iadn HsokPey hiage (Amendment)
&t, 1964 (Tamil Ndu A.e$ 21 of lea&).
I These .words wem rubrtibukd for tho word. "four mum*" ? y
leotion 8, ibid.
1911 : T.N; Act V] Hackney Cam'age 706
CHAPTER 111.
I.
19. (1) It shall be liwful for the '[Deputy Com- Grant of
driver'e
missioner] to grant a licence to act as driver of any licence.
hackney carriage to any applicant whom he may
consider fit.
(2) Eveqr such licence shell contrtin- Form0
licence.
the number of the licence,
the name, place of abode and age of the
person to whom such licence is granted,
the description of oahiage and animals,
if any, to be used therewith, and
the date on which the licence was granted,
and shall bear the signature of the lweputy Corn-
missioner].
'[(3) Buch licence shallbe in force for the year
of registption nnd the fee payable therefor sbU be
one rupee and fifty ~aise unless the licence relates
solely to-
(i) a oyole-rick~haw, in which case the fee shall
be thirty paise ; and
(ii) any other carriage of the description
specified in clauses (f) and (g) of section 9, in which
case the fee shall be forty paise].
20. The particulars of every licence which shall Particulm
of Iicence
be granted under the provisions of section 19 shall to be
be entered in e register by the l[Deputy Commis- regisbred-
These words were subsoituted for the word '' Commissioner "
by section 2 of the Tamil Nadu Hackney Carriage (Amendment)
Act, 1964 (Tamil Nadu Act 21 of 1964).
* This aub-seotion was substituted for the original sub-section
(3) by section 2 of the Tamil Nadu Htwkney Carriage (Amendment)
Act, 1968 (Tamil N~u Act 14 of 1968). For the words " one rupee
andeight annes,'9ands1~ix enncts"in this sub.section,the ~0rd~"one
rupee end fifty paise " and " forty paise " respcctivelg and for the words, letter and brackets in clause (f)' ' the words, letters
and brackets '' in clauses (f) mnd (g)" had earlier been substituted
by seation 9 of the Tamil Nadu Hackney Carriege (~mendment)
Act, 1964 (Tamil Nsdu Act 21 of 1964.)
126-19-46
706 Hackney Cmige [I911 : T.N. Act V
sioner], and every person applying shall be furnished
with a certified copy of such particulars on payment
of a fee of Itfifteen paise].
Penalty for 21. Sf at any time fifteen days after the time
dri i ng when a licence should have been obtained any person
without
lioenoe or acts as the driver of s hackney carriage without having
lending a licence in force for the time being, or, having a licence,
lioenoe. fails to carry it with him when driving a Lmkney
carriage or transfers or lends it or allow^ it to bo used
by any other person, he uhall be liable to a penalty
noti exceeding tweniy rupees,
Suspension 22. The Speputy Commissioner] m3y suspond for
oflioence by such period as he thinks fit the licence of the driver Deputy &,,mmiwioner,3 of a haokney carriage whenever in his opinion such
driver is unfit to be so employed.
Penalty for
suffering 23. The owner of a bckney carriage who knowingly
unlioonmd suffers any person, not d~dy licensed under this Act,
pereon to drive. to act as driver of such carriage shall be liable to n
penalty not; exceeding fifty rupees :
Proviso. Provided that such owner and such unlioensed
driver shall be subject to all the provisione of this
Act for any aot done or omitted to be done by sucll
driver during such emplopent in liko manner as if
such driver had been duly licensed.
8upply of 24. (1) The '[Deputy Commissioner] sh dl, at the bad@ driver- time of granting a licence to any driver of a hackney
carriage, furnish him with s metal badge punched
or marked with the number of his licence,,
Driver to (2) Every driver to whom such badge is deli-
wearbedge. vered shall, at ell times while acting cs driver, or
while attending before any magistrate, wear such
badge exposed to view. '
1 These words woro ~ubstit,uted for tho words "two mnas "
by seotion 10 of the Tamil Nadu Hackney Carriago (Amendment)
Aot, 1904 (Tamil Nadu Act 21 of 19041.
2 These words were substituted for th& word " Comrni~~i~~~~"
by seotion 2, ibid.
911 : T.N. Act V] Hackney Cavlage 707
(3) In case any suoh driver omits to wear PenaBy.
such badge-exposed to view while acting as driver or
attending before a magistrate, he shaU be liable to a
penalty not exceeding ten rupees.
(4) Whenever bhe number on any badge becomes Renewal OF
indistinct or is obliterated during the term of the
licence, and also whenever any badge is lost or stolen, badge.
the person to whom the licence relating.to any such
badge has been granted shall deliver suoh badge or
nobify its loss and shall produce such licence to the
l[Deputy Commissioner], and such person shall then be
entitled to have a new licence and badge delivered
to him upon payment of '[the fee mentioned in sub-
section (3) of section 191. Such new licence shall be
in force for the year of registration.
(6) Every person licensed under the authority ~onalty.
of this Act who uees or weam the badge granted to -
him after the writing thereon has become indistinct or
obliterated shall be liable to a fine not exceeding ten
rupees.
25. (1) Upon the expiration or other determi- R,~,,, of
nation of any licence granted to a driver under this expired
Act he shall deliver such licence and his badge to the :~g and
l[Deputy Commissioner].
(2) Every driver who neglects for three days Penalty-
to deliver such expired licence and badge to the
q~e~ut~ omm missioner] and dso every person who wee,
or wears, or fraudulently detains any such expired
licence or badge, and every person to whom any expired
licence or badge has been delivered who lends, gives
away, mortgages or sells such badge to any other
person and every person who detains, wears or uses
any licence or badge of any other person shall be liable
to a penalty not exoeeding twenty rupees. -
1 These words were substituted for the word " Commissioner "
by eeotion 2 of tbe Tamil Ndu Hackney Carriage (Amendment)
Aot, 1964 (Tamil Nedu Act 21 of 1964).
* 'L'hew words and figures were sub~titut~od for tho words and
agnre g'half the fee mentioned in section 9" by section 8 of the
MAdres Stage Cerr' es and Haokney Carriage (Amenkent) Aot,
la24 (Madram Aob 8 of 1924).
126--19--46~
708 Eachey Carriage [loll. : T.N. Aot .
penalty . OD 26. Every person who for the purpose of dece-
wing oourJ- ption uses or wears any badge resembling or intended terfeit badp. to resemble any badge granted under the authority
of this Acb shdl be punishable with fine which may
extend to fifty rupees, and in the case of a, subsequent
oonviction under this section with he which may
extend to one hundred rupees, or with imprisonment
for a term which may extend to one month.
Beiaure of
erpired or 27. Any police officer may seize and take away
oounterfeit any expired or counterfeit badge, or any badge in
-0. respect of which an offence under section 25 has been
committed, wheresoever the same may be found,
and deliver the same to the "Deputy Commissioner.]
Penalty for
failing to 28. Whenever any driver is summoned to appear
produce before any magistrate to answer any charge preferred licence before
magistrate. against him under this Act, he shall carry with him
his licence, and produce the same if required so to
do ; and any driver who on such requisition refuses
to produce such licence shdl be liable to a fine not
exceeding five rupees.
Oonx ictions 29. On the conviction of any driver for any offence
under Act to under this Act the magistrate shall cause to be endorsed
on his licence the nature of the offence, the date of the
conviction and the amount of the penalty-i&icted.
Cancellation or 30. (1) On the conviction of any driver for an
suspension of offence under this Act the magistrate may direc
conviction.
9
lioonae On the cancellation of the licence of such driver
or its suspension for such time as he thinks fit.
Return of (2) For such purpose he may require the driver
licence Or or any other person who may be in possession of the badge on lioence or badge to deliver up the same. .
Penalty. (3) If such driver or other person refuses or
neglects to deliver up the licence or badge, he shall
be liable to a penalty not exceeding ten rupees.
These worde were subst:tuted for the word "Commissioner "
by motion 2 of the Tamil Nedu Haokney Carriage (Amendment)
Aot, 1964 (Tamil Nrtdu Aot 21 of.1964).
I 911 : T.N. Act V] Hackney Carriage 709
(4) The magistrate shall forward every licence i%fagi;trate to
and every badge delivered up to him under sub-see- communioate
tion (2) to the l[Deputy Commissioner] together with sentence forward and
a memorandum of his sentence in the ease. licence and
badge to
'[Deputy
Commiswoner]
(6) The l[Deputy Commissioner] shall enter the
fact of suoh sentence in the register referred to in Action to be
section 20, and shall either suspend or cancel such taken by
'[Deputy licence according to the direction of the magistrate; COmm,,,erl.
snd if it has been suspended, the '[Deputy Commis-
sioner] shall on application, at the end of the period
of suspension, re-deliver such licence or badge to the
person to whom it wm granted
CHAPTER IV.
31. (1) The owner or driver of every hackney
carriage may demand and receive for the hire of such Maximum
carriage such farm as may be fixed and published by ~~<~~ne~
the l[Deputy Commissioner] with the sanction of the carriages.
1 2[State Government] duly notified :
Provided that any agreement entered into tio
accept a fare lower than the fare SO fixed shall be bind- Contract for
ing. lower fare to be binding.
(2) No owner or driver shall demand or receive
over and above the said fare any sum for back fare ~ack fares
for the return of the carriage from ths place at which Prohi"ted.
ib was discharged.
32. No agreement made with tihe driver of my Contract for
hackney carriage for the payment of more than the higher fare
invalid.
fare published in accordance with section 31 shall
1 These words were':subetitubd for the word "~ommissionea"
by section 2 of the Tamil Nadu Hackney Carriage (bendmen$)
I Act, 1964 (Tamil Nadu Act 21 of 1964).
2 The wort: "Provincial Government" were rmbaticrted
for the words Local Government " by the Adeptabion Order of
1937 and the word " State " was substituted ion "Provinosll"
by tho Adaptation Order of 1960.
710 Hackney Carriage [I911 : T.N. Act V
be binding on the person making the same, and any
person, notwithstanding such agreemenb, may .refuse
on discharging such hackney cmiage to pay any
sum beyond suoh fare. If in pursuance of such agree-
Penalty. ment any person reoeives-any sum exceeding the
fare allowed, he shall be liable to pay a fine not exceed-
ing ten rupees and also to refund such excess, which
shall be recoverable w if it were a fine.
Publication
of authorized 33. (1) The l[Deputy Commissioner] shall cause to
farm be prepared a list in English'and Tamil or other vema-
distances. cular language of the fares published under section
31 and shall annex to such list a table showing the
distances between the principal places to md from
which hackney omriages commonly ply. The distances
so shown shall be presumed to be correct.
Copies of
publiehed (2) Copies of suoh list and table shall be issued
soale to be to dl applicants on payment of fee for each copy
available for of a[twenty-five paise] or of such other sum
sale. as the *[Deputy Commissioner] subject to the control
of the '(State) Government may prescribe].
Driver to
keep oopy of (3) The driver of every hackney carriage stand-
published ing or plying for hire ahdl have with him a copy soale and
produoe on of such list and table and shdl on demand produce
demand. the same for the inspection of any police officer or
for the information of any hirer of, or passenger by,
his carriage under pendty on conviotion by a magis-
trate of a fine not exceeding ten rupeos.
1 These words were substituted for the word " Commissioner "
by seot~on 2 hf the Tamil Nadu Ifeokney Carriage (Amondment)
Aot, 1964 (Tamil Nadu Act 21 of 1904). .
2 These wordfi w:;e substituted for the words " a fee of two
ennas for eaoh oopy by eeotion 2 of the Madras Hsnkney Carriage
(Amendment) Aot, 1947 (Msdrae bt XVII of 1947).
3 These words were substituted for the worde " four e~8e "
by section 11 of the Tamil Nsdu Haokney Carriage (Amendment)
Aot, 1964 (Tamil Nedu Aot 21 of 1364).
4 Thia word was eulmtituted for tbe word " Provinoial " by
the \ rlsptatlon Order of 1960..
1911 : T.N. Act V] Hackney Cadage 711
84. (1) The driver of every hackney carriage stand- ~~~~mw~~r;
ing or plying for hire shall drive such carriage to driver ir bound
any place named by the hirer which is not more than to drive.
three miles from the place of hiring in the case of
vehicles of the desoription specified in clause Cf)
of section 9 and six miles in the case of any other
vehiole.
(2) When any such carriage is hired by time, Minimum upeed
the driver thereof shall drive the same atla rate of::: hi*d by
speed not less than that prescribed by the lpeputy
Commissioner].
(3) A driver failing, without, reasonable excuse, Penalty.
to comply with the provisipns of this section, shall be
liable to a fine not exceeding ten rupees.
S. The driver of every hackney carriage '[other Quantity of
than a hand-cart] shall carry in or upon such carriage 1
without additional charge such quantity of luggage
for every person hiring the same as may be pres-
oribed by by-law under this Act.
I
a [35-A. (1 1 The maximum laden weight of, and Maximum laden
the height of a load om, a hand-cart shall not exceed ~~,"~~ hand*
suuh limiO as may be prescribed by any by-law made
under section 60.
(2) No ,person under the age of eighteen years
shall drive a hand-cart, whether by himself or along
with others.
(3) If any hand-oart is driven in contravention
I of the provisions of any by-law made under sub-
section (1) or of the provisions of sub-section (2).
any porson who so drives it and also any persc~n
1 These words were substituted for ;the word "Commimio-
ner" by section 2 of the Tamil Nsdu Hackney Carriage (Amend-
ment) Act, 1964 (Tamil Nadt Act 21 of 1964).
2 These words were inserted by section 12. ihicl.
3 Thissection was inserted by soction 13, ibid.
712 Hackney Cmriccge [I911 : T.N. Ast V .
employing him or in any way responsible for
or abetting such contravention or employment, shall
be punishable with imprisonment for a term a h'ch
may extend to one month or with fine which may
extend to fifty rupees or with both.]
Penalty for re- fusing to lot 36. Any owner or driver of any hackney carriage
haokney oarri- who demands more than the fare to which he is legally
~3% for hire. entitled, or without reasonable excuse refuses to let
auch carriage for hire shall be liable to a fine not ex-
ceeding fifty rupees and to pay such further sum by
way of compensation to the party complaining as to
the magistrate my seem just ; and such further sum
shall, in default of immediate payment, be.levied as
if it were a fine.
Penalties for 87. Every driver of a hackney carriage, who-
vtbrious offonces 1
1
by driver. (a) is drunk during his employment, f j
(6) makes use of insulting or abusive language
or gesture,
(c) stands elsewhere than at some stand or
. other place appointed for the purpose or loiters for
the purpose of being hired in or upon any public street,
road or place,
(a) wilfully obstructs, or hinders, the driver of
any hackney carriage in taking up or setting down
any person into, or from, such other carriage,
(e) wrongfully prevents or endeavours to pre-
vent the driver of any other hackney carriage from
being hired,
(f) refuses to admit and carry in such carriage
the number of passengers the carriage is licensed to
carny,
(g) cerries more than such number of passen-
gers,
(8) refuses to carry such quantity of lugqa. e
as is provided by the by-laws under this Act,
1911 : T.N. Aot Vj Haobey Carriage
k
713
(i) being hired, permits or suffers any person
i to be carried in or upon or about such hackney carriage
during such hire, without the coneent 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
$
(k) being hired by time or distance, before he
L has been discharged by the hirer, wilfully deserts
7 from the hiring,
i.
(1) plies for hire with any carriage or animal
which shall at the time be unfit for public use,
(m) without previously disinfecting it know-
ingly uses for hire any carriage used for the conve-
yance of a corpse or any person suffering from any
contagious or infectious disease,
'[(n) refuses or neglects to give way, if he con-
veniently can, to any other vehicle,
(0) refuses to obey the reasonable directions
of any person hiring his carriage,]
shall be liable to a fine not exceeding fifty rupees, or to imprisonment which may extend to
one month, or to both.
38. (1) When a complaint is made before a magis- Requisition to
trate against the driver of a hackney carriage under 0-r to pro.
this Act, the magistrate may, if the driver fails to duoeabsont
appear, summon the owner to appear and to produce driver.
the driver.
(2) If the owner after being duly summoned
fails withoub reasonable excuse to appear or to produce
the driver according to the summons, he shall be liable
to a fine not exceeding fifty rupees.
1 These 016-8 were inserted by seotion 14 of the Tamil 8.d.
H~kney Carriage (Amendment) Aot, 1964 (Tsmil Nadu Aat 21
of 1964).
71 4 Hackney Carr{age , [1911 : T.N. Act V
En parts dig- (3) If the owner fails without reasonable excusc
posal of oom- to appear or produce such driver on a second ,or sub- plaint. sequent summons requiiing him to do so, the'magis-
trate may dispose of the complaint in the absence of
the owner and driver or either of them.
Proaedure in 39. (1) In cpse of any dispute between the hirer
oaae of diepute and the driver of any hackney carriage, either may
between hirer require the other to proceed forthwith to the nearest and driver. magistrate's court ; and the then sitting magistrate
shall hear and determine the dispute in e summary
way.
(2) If no ma!gistrate be then sitting, either
party may require the other to proceed to the nearest
police officer who shall enter the complaint in his
diary and require the parties to appear before the
magistrate at his next sitting.
(3) On failure of either party to appear before
the magistrate in pursuance of a requisition under -
sub-section (1) or sub-seetion (2) or to attend the
court at any subsequent sitting to which the case
may be adjourned, the magistrate may decide the case
ex garte, and his decision shall bc binding on both
parties.
Procedure in 40. (1) If any person who has hired a hackney
Of refuB&' carriage refuses to pay to the owner or driver thereof to pay fare.
the fm payable under this Act, the magistrate may
order payment of such fare, and also of reasonable
compensation for loss of time and in default of im-
mediate,payment such fare and compensation may be
recovered as a fine.
(2) If any person who has used any such carriage
Penalty. attempts to evade payment of the legal fare, or any
portion thereof, he shall be liable to a fine not exceed-
ing Hty rupees in addition to any payment which
may have been ordered under sub-section (1).
Penalty for de. 41. (1) Every person who wilfully tears, destroys, 4
frtoing ordestro- defaces, obliterates, or removes any plate, list of fares,
Cge ~"'6~~ table of diatances, or driver's badge kept under the
of feree. provisions of this Act, shall be liable to rt fine not
exceeding twenty rupees.
1911 : T.N. Act Vl Hackney Carriage 7 16
(2) Any portion of the fine may be awarded to
the person to whom such plate, list of fares, table of
distances, or driver's badge belongs.
42. Every person using a hackney carriage who ponolty for wil-
wilfully injures the same shall be liable to a fine not ful injury to
exceeding Rs. 20, and shall also pay to the owner 2;""Y mrri-
such compensation for the injury as the magistrate
may direct; and such 'compensation shall bo leviable
as if it were a fine.
43. [Repealed by Madras Act III of 1924.1
44. (1) The '[Deputy Commissioner] shall appoint ~~$~s9Cami-
a sufficient number of public stands for hackney car-
riages. t
(2) Every public stand so appointed shall
have a board placed in a conspicuous place on the
same containiig a notice in English and Tamil or
other vernacular language stating that the stand is
a public stand under this Act, and specifying the num-
ber of carriages that may stand upon it.
, CHAPTER V.
#. (1) The owner or driver of every hackneyDe ,,it ,ith
carriage wherein any property is left by any ~ofoe of pm-
shall, within eighteen hours, carry such property toFze:'n in
the nearest police-station and deposit it with the aarrisges.
inspector or other officer on duty, and shall be enti-
tled to a receipt duly signed by the officer taking charge
of the same.
(2) Any such owner or driver making default
therein shall bc liable to a fine not exceeding Rs. 20,
or to imprisonment for a period which may extend
to one month, or to b~th.
1 Theae words were substituted for the word "Commissioner"
by section 2 of the 'famil Nadu Hackney Carriage (Amend-
ment) Aot, 1964 (Tamil Nedu Act 21 of 1964).
716 Hackney Carriage [I911 : T.N. Act V
Police to
regieter
partioulars
of property
deposited.
end grant
reoeipt .
Return of
property to
owner.
Sale of
unclaimed
ProPrtY.
46. (1) The said officer shall forthwith enter, in
a book to be kept for that purpose,-
(a) the description of the property;
(b) the name and address of the driver or other
person who brings it;
(c) the name and address of the owner of the
hackney carriage in which it was left, and the regis-
tered number of the carriage; and
(d) the day and hour when the property is brought
and shall give to the person bringing the property a
receipt for the same.
(2) Such property shall be delivered to the per-
son who satisfies the '[Deputy Commissioner] that it
belongs to him upon payment of all expenses incurred
by the owner or driver, together with such reasonable
sum as the l[Deputy Commissioner] may award:
Provided that if the property is not claimed and
the ownership established within six months from the
da,te of deposit, the lpeputy Commissioner] may oause
the property to be advertised and sold by publio
auction; and the proceeds, after deducting the expenses,
together with such reasonable sum as the ljJ)eputy
Commissioner] may award to the owner or driver, a[of
the hackney carriage] my be forfeited to the "Stab
Government].
'[Provided further that if the property is subject
to speedy and natural deoay, the Deputy Commissioner
may oame the property to be advertised and sold
by public auotion, and the proceeds, after deducting
the expenses, together with such reasonable sum
1
the Deputy Commissioner may award to the owner or ,
7
1 Theee words were substituted for the word " Commiesioaer"
lrJT emtion 2 of the T&l Nedu mkncy carriege (Amendment) 1
A&,, 1964 (Temil Nedu Aat 21 of 1964).
4 Them words were ineerted by eeotion 16, &id. 1
8 These words were eubetituted for the word *' Qov-m.nq **
by ibid.
4 This proviso was inmted by eeotion 16, ibd. .
i9li': T.N, Act V] Hackney Carriage 717
driver of the hackney carriage, shall be paid to the -
i owner of such property, if such owner establishes
his claim to such proceeds and if the amount is not
1
I claimed within six months from the date of deposit-
it may be forfeited to the State Government.]
'[CHAPTER V-A.
46-A. Any person aggrieved by any order of the ,ppo8,.
Deputy Commissioner- !
(a) refusing registration of any vehicle under
section 6 ; or -
(b) suspending the licence of any hhckney
carriage under ~ection 10 ; or
(c) refusing the grant of a licence to act as
driver of any hackney carriage under section 19 ;
or
(d) suspending the licence of the driver of a
hackney carriage under section 22,
,
may, subject to such conditions and within such
period as may be prescribed by by-laws made under
section 50, appeal to the Commissioner and the order
of the Commissioner on such appeal shall be final.]
-
1 This Chapter wns inserted by section 16 of the Tamil Nadu
Hackney Oarribge (Amendment) Aot, 1964 (Tamil Nadu Act
21 of 1904).
718 Bacbney Carhge ti911 : T.N. Aot V
I CHAPTER VI.
PROSECUTIONS.
EX parte diapo- 47. If in any proseoution kder this Act the person
of criminal charged does not appear as directed by the summons, oharges . the magistrate may, upon proof of service and if no
sufficient cause be shown for the non-appeaxance,
proceed to dispose of the case in his absence.
Limitation 48. (1) NO person shdl be liable to proseoution.
restricting for any offence under this Aot unless the complaint criminal pro.
oeedings. respecting such offence be made within one month
next after the commission of such offence.
Continuing
offences. (2) For the purposes of this section every omission
punishable under this Act shall be deemed to be a
continuing offence so long as the omission continues.
aompensation 49. Where the magistrrtfe is satisfied that a, com-
for frivolous plainant has no reasonable ground for instituting a
p*seaution. prosecution, he may direot the complainant to pay to
the accused such compensation not exceeding fifty
rupees as he thinks fit ; and the sum so awarded shall'
be recoverable as if it were a, fine.
CHAF'TER VII.
BY-LAWS AND DBLEGATIONS,
Power to lnake 50. The '[Deputy Commissioner] may, subject to
by-lawe. the, approval of the '[State Government] and after
previous publication, make by-laws not. inconsistent
with the provisions of this Aot with regard to- I
(a) the examination and qualifications of drivers
and the conditions under which they may be employed ;
1 These words were substituted for the word "Commissioner"
by section 2 of the Tamil Nsdu Haokney Carriage (Amendment)
ht, 1964 (Tamil Nadu Act 21 of 1964).
2 The words "Provinaial qpvernment " were substituted for
the words ''Loas1 Uovem~~~nt by the Adaptation Order of 1937
and the word "State " ha substituted for '' Provinoial " by the
Adaptation Order of 1950.
Y
(b) the description of horses, bullocks or other
animals, hmness and other things to be used with
hackney carriages, the dimensions of such carriages,
and the condition in which such carriage and the horses,
bullocks or other animals, harness and other things
used therewith shall be kept ;
(c) the inspection of the premises on which any
such omiagea, horses, bulloclis or other animals,
harness and other things are kept ;
(a) the protection of weak, lame and sickly
horses, bullocks or other animals ;
(e) the publication of a list of fares and table of
distances and the regulation of the amount and weight
of luggage to be carried with or without additional
charge, '[ 1-
'[(ee) the disposal of a[any hand-riclcshaw confis-
catedunder section 3-B or] any hackney carriage confis-
cated under section 14 and the proceeds thereof;
(eee) the maximum laden wcight of, and the height
of a, load on, a hand-cart ;
(eeee) the conditions subject to which and the
period within which any appeal under section 46-A may
be preferred ;]
df) generally for carrying out the purposes of
this Aot:
Provided that such by-laws shall not take effect
until the expiration of one month from the date of their
publication.
51. Whoever infringes any by-law shall, on convic- Penalty for
tion before a magistrate, be liable to a fine not exceeding breach of by-laws. twenty rupees. --
1 The word &'and" was omitted by section 17 of the Tamil
Nadu Hsckney Carriage (AmendmExcerpt shown. Open the full act in Lexace.