The Tamil Nadu Hackney Carriage Act Complete Act - Bare Act

" (1) This Act may be called T.N.

(Substituted by Tamil Nadu A.O. 1969)

[TAMIL NADU] HACKNEY CARRIAGE ACCT, 1911.

(Substituted Madras Stage Carriages and Hackney Carriage (Amendment) Act, 1924 (Madras Act III of 1924))

(2) It extends to the town of Madras.

(3)

" (i) The (

Substituted by the Adaptation Order of 1950)

(State Government) may,

by

notification extend to such other parts of the Presidency of Madras as it may think fit all or any of the provisions of this Act from a date to be specified in the notification, which shall not be less than three months from the date of the notification;

Provided that no such notification shall be issued unless notice of the proposed extension inviting objections thereto shall have been published not less than two months previously.

(ii) The (

Substituted Madras Stage Carriages and Hackney Carriage (Amendment) Act, 1924 (Madras Act III of 1924))

[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The Madras Hackney Carriage Act, 1879 (III of 1879) is hereby repealed.

3.

In this Act unless there be something repugnant in the subject or context,-

" Commissioner", -

(1) "Commissioner" means the Commissioner of Police appointed

(Substituted by the Madras Act XIV of 1951)

(for the City of Madras).

(1) (a)

"Deputy Commissioner"

means the Deputy Commissioner of Police (Traffic and Licensing) in the City of Madras.

(2) "Magistrate"

"Magistrate"

means any magistrate having local jurisdiction in any area to which this Act extends.

(3) (Substituted

by

Madras Act XXXIII of 1949) [

"Hackney Carriage"

"

"

(Amended

by

Madras Act XXI of 1964)

Hackney carriage" means-

(a) any hand cart, not owned by the State Government;

(b) any wheeled vehicle (including a cycle-rickshaw), not owned by the State Government, which)-

(i) is drawn, pushed or propelled by a man, 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

(Added by Tamil Nadu Act XLI of 1973)

(but does not include a hand-rickshaw)

(Omitted by Madras Stage Carriage and Hackney Carriage (Amendment) Act, 1924 (Madras Act III of 1924) and sub-Section (4) (5), (6) and (7) represented as sub-Sections

(4)

(5) and (6))

(4) "Driver" - "Driving" includes ⁶(drawing, pushing or propelling) and "driver" includes any person who drives,

(Substituted

by (

the Madras Hackney Carriage (Amendment) Act, 1949 (Madras Act XXXIII of 1949))

(draws, pushes or propels) any hackney carriage.

(5)

"Horse"

"Horse"

includes mule or pony.

(6)

"Year of registration"

- "Year of registration" means the year ending with the thirty-first day of March.

-

Notwithstanding anything contained in this Act no person shall, with effect from the date specified in a notification issued in this behalf, by the State Government, draw or push any hand - rickshaw.

-

" Any person who contravenes the provisions of section 3

A

shall be punishable with 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-rickshaw used in contravention thereof shall be liable to confiscation.]

" Every hackney carriage shall be annually registered by the (

Substituted by Madras Re-enacting (

No.II

) Act, 1948 (Madras Act VIII of 1948))

[Deputy Commissioner.]

(1) Any person who is desirous of having any vehicle registered as hackney carriage shall apply to the Deputy Commissioner and shall submit such vehicle for such inspection as the Deputy Commissioner 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.

" Every applicant under section 5 shall be entitled to registration unless the Deputy Commissioner 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;

(Substituted by Madras Re-enacting (

No.II

) Act, 1948 (Madras Act VIII of 1948))

[Provided further that the Deputy Commissioner shall have power-

(

i

)

to limit the number of vehicles of any description which may be registered annually, in which case no vehicle of that description shall be registered in any year in excess of the number so limited.

(ii) to refuse to register vehicles of a particular description in which case no vehicle of that description shall be registered.]

(1) The Deputy Commissioner shall at the time of registration deliver a licence duly signed by him to the applicant.

(2) A licence granted under this section shall be in force for the year of registration.

" The following particulars shall be entered in the register and in the licence to be given to the applicant.

First " The number in the register of the hackney carriage.

Second - The name and residence of the owner and the place where the carriage is kept.

Third - A description of the carriage.

Fourth - The number of horses or other animals to be employed in drawing such carriage and, if the carriage is drawn (pushed or propelled) by men, the number of men to be so employed.

Fifth - The number of passengers such carriage is licensed to carry.

(Amended by Madras Act XXI of 1964)

[Sixth - The maximum laden weight of a hand-cart.

Seventh - The date of the licence.]

(Amended by Madras Act XXI of 1964)

" A fee shall be paid to the deputy Commissioner for each licence in accordance with the following scale:

(a)

(b)

(c)

(d)

(e)

(f)

(Omitted by Tamil Nadu Act XLI of 1973)

(g) For every hand-cart

" The Deputy Commissioner may suspend for such period as he thinks fit the licence of any hackney carriage, whenever it appears it him that such carriage or any animal or harness used therewith is unfit for public use.

" On any transfer of a hackney carriage the transferee shall if he desires to use it as such, within one week of the date of the transfer, apply to the Deputy Commissioner for transfer of the registry giving him the particulars specified in the first three clauses of section

8

etc.,

" (1) Whenever the owner of a hackney carriage changes his residence, or the place where such carriage is kept, he shall within one week from the date of such change forward his licence and give to the Deputy Commissioner a notice in writing signed by him specifying the new residence or place.

" Every such owner who neglects to forward his licence and give such notice shall be liable to a fine not exceeding twenty rupees.

" The Deputy Commissioner on receiving the application or notice specified in either of the two last preceding sections, shall make the necessary alteration in the register and the licence and return the licence; and a fee of

(Substituted by Madras Act XXI of 1964)

[fifteen paise] shall be payable in respect thereof.

(Amended by Madras Act XXI of 1964)

Whoever keeps any hackney carriage which has not been duly licensed under this Act, shall, on conviction, be punishable -

(a) for the first offence with fine which may extend to fifty rupees, and

(b) for the second or any subsequent offence with fine which may extend to fifty rupees and the hackney carriage in respect of which the second or any subsequent offence has been committed may be confiscated to the State Government.

(1) Upon the registration of any hackney carriage the Deputy Commissioner shall cause to be painted on some conspicuous part of the carriage or on a plate to be affixed on some conspicuous part of the carriage its number in the registeri and

(

Amended by Madras Act XXI of 1965) [(i)

in the case of any hackney carriage other than a hand-cart, the number of passengers such carriage is licensed to carry; and

(ii)

in the case of any hand-cart, the maximum laden weight such hand-cart is licensed to carry]

(2)

" If the words or figures so painted become indistinct or are obliterated during the term of the licence, the owner of the carriage shall be bound to produce it before the Deputy Commissioner and apply to have such words or figures renewed. If the plate so affixed shall have been lost or stolen, the owner of the carriage shall be bound to apply to the Deputy Commissioner to have a new plate affixed. The charge for such painting or new plate shall be

(Amended by Madras Act XXI of 1965)

(twenty five paise)

" (1) On the expiration or other determination of the period of registration, the owner of every hackney carriage shall cause the plate of such hackney carriage to be delivered to the Deputy Commissioner.

(2)

" Any person who, after the expiration of the period aforesaid, wilfully omits for fourteen days to deliver the plate to the said officer, shall be liable to a fine not exceeding twenty rupees.

" (1) Every person who shall, for the purpose of deception, use or have any plate resembling or intended to resemble any plate 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 term which may extend to one month.

(2)

" Any police officer may seize and take away any plate used or had as aforesaid, wheresoever the same may be found, and deliver the same to the Deputy Commissioner.

" If any hackney carriage stands or plies for hire without a plate or legible inscription as prescribed by section 15, the owner thereof shall be liable to a fine not exceeding twenty rupees.

(1) It shall be lawful for the Deputy Commissioner to grant a licence to act as driver of any hackney carriage to any applicant whom he may consider fit.

(2)

" Every such licence shall contain " the number of the licence, the name, place of abode and age of the person to whom such licence is granted, the description of carriage and animals, if any, to be used therewith, and the date on which the licence was granted, and shall bear the signature of the Deputy Commissioner.

(Substituted by Tamil Nadu Act XIV of 1968)

[(3) Such licence shall be in force for the year of registration and the fee payable therefor shall be one rupee and fifty paise unless the licence relates solely to "

(i) a cycle-rickshaw 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.]

" The particulars of every licence which shall be granted, under the provisions of section 19 shall be entered in a register by the Deputy Commissioner, and every person applying shall be furnished with a certified copy of such particulars on payment of a fee of fifteen paise.

" If at any time, fifteen days after the time when a licence should have been obtained any person acts as the driver of a hackney carriage without having a licence in force for the, time being, or having a licence, fails to carry it with him when driving a hackney carriage or transfers or lends it or allows it to be used by any other person, he shall be liable to a penalty not exceeding twenty rupees.

" The Deputy Commissioner may suspend for such period as he thinks fit the licence of the driver of a hackney carriage whenever in his opinion such driver is unfit to be so employed.

" The owner of a hackney carriage who knowingly suffers any person, not duly licensed under this Act, to act as driver of such carriage shall be liable to a penalty not exceeding fifty rupees:

" Provided that such owner and such unlicensed driver shall be subject to all the provisions of this Act for any act done or omitted to be done by such driver during such employment in like manner as if such driver had been duly licensed.

" (1) The Deputy Commissioner 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 acting as driver, or while attending before any magistrate, wear such badge exposed to view.

(3)

" In case any such driver omits to wear such badge exposed to view while acting as driver or attending before a magistrate, he shall be liable to a penalty not exceeding ten rupees.

(4)

" Whenever the number of any badge becomes indistinct or is obliterated during the term of the licence, and also whenever any badge is lost or stolen, the person to whom the licence relating to any such badge has been granted shall deliver such badge or notify its loss and shall produce such licence to the Deputy Commissioner, and such person shall then be entitled to have a new licence and badge delivered to him upon payment of

(Substituted by

the

Madras Stager Carriage and Hackney Carriage (Amendment) Act, 1924 (Madras Act III of 1924)) [

the fee mentioned in sub-section (3) of section [9]. Such new licence shall be in force for the year of registration.

(5)

" Every person licensed under the authority of this Act who uses or wears the badge granted to him after the writing thereon has become indistinct or obliterated shall be liable to a fine not exceeding ten rupees.

(1) Upon the expiration or other determination of any licence granted to a driver under this Act he shall deliver such licence and his badge to the Deputy Commissioner.

(2)

" Every driver who neglects for three days to deliver such expired licence and badge to the Deputy Commissioner, and also every person who uses, 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 exceeding twenty rupees.

" Every person who for the purpose of deception uses or wears any badge resembling or intended to resemble any badge granted under the authority of 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 term which may extend to one month.

" Any police officer may seize and take away any expired or counterfeit badge, or any badge in respect of which ail offence under section 25 has been committed, Wheresoever the same may be found, and deliver the same to the Deputy Commissioner.

28.

Whenever any driver is summoned to appear before any magistrate to

answer any charge preferred 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 shall be liable to a fine not exceeding five rupees.

29.

" On the conviction of any driver for any offence 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 inflicted.

30.

(1) On the conviction of any driver for any offence under this Act the magistrate may direct the cancellation of the licence of such driver or its suspension for such time as he thinks fit.

(2)

of

" For such purpose he may require the driver or any other person who may be in possession of the licence or badge to deliver up the same.

(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.

(4)

" The magistrate shall forward every licence and every badge delivered up to him under sub-section

(2)

to the Deputy Commissioner together with a memorandum of his sentence in the case.

(5)

" The Deputy Commissioner shall enter the fact of such sentence in the register referred to

in

section 20, and shall either suspend or cancel such licence according to the direction of die magistrate: and if it has been suspended, the Deputy Commissioner shall on application, at the end of the period of suspension, re deliver such licence or badge to the person to whom it was granted.

31. Maximum fares for use of hackney carriages

(1)

The owner or driver of every hackney carriage may demand and receive for the hire of such carriage such fares as may be fixed and published by the Deputy Commissioner with the sanction of the (

Substituted by the Adaptation Order of 1950

) [State Government] 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.

" No agreement made with the driver of any hackney carriage for the payment of more than the fare published in accordance with section 31 shall be binding on the person making the same, and any person, notwithstanding such agreement may refuse on discharging such hackney carriage to pay any sum beyond such fare.

" If in pursuance of such agreement any person receives any sum exceeding the fare allowed, he shall be liable to pay a fine not exceeding ten rupees and also to refund such excess, which shall be recoverable as if it were a fine.

33.

(1) The Deputy Commissioner shall cause to be prepared a list in English and Tamil or other vernacular language of the fares published under section 31 and shall annex to such list a table showing the distances between the principal places to and from which hackney carriages commonly ply. The distances so shown shall be presumed to be correct.

(2)

" Copies of such list and table shall be issued to all applicants on payment of

(Substituted by the Madras Hackney Carriage (Amendment) Act, 1947 (Madras Act XVII of 1947))

[a fee for each copy of twenty-five paise or of such other sum as the Deputy Commissioner subject to the control of the

(Substituted by the Adaptation Order of

1

950)

[State] Government 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 inspection of any Police Officer or for the information of any hirer of, or passenger by, his carriage under penalty on conviction by a magistrate of a fine not exceeding ten rupees.

(1) The driver of every hackney carriage standing or plying for hire shall drive such carriage to any place named by the hirer which is not more than three miles from the place of hiring in the case of vehicles of the description specified in clause (f) of section 9 and six miles in the case of any other vehicle.

(2)

" When any such carriage is hired by time, the driver thereof shall drive the same at a rate of speed not less than that prescribed by the Deputy Commissioner.

" A driver failing, without reasonable excuse, to comply with the provisions of this section, shall be liable to a fine not exceeding ten rupees,

" The driver of every hackney carriage

(Inserted by Madras Act XXI of 1964)

[other than a hand cart] shall carry

in

or upon such carriage without additional charge such quantity of luggage for every person hiring the same as may be prescribed by by-law under this Act.

(1)

The Maximum laden weight of and the height of a load on, a handcart shall not exceed such limit as may be prescribed by any by-law made under section 50.

(2) No person under the age of eighteen years shall drive a handcart, whether by himself or along with others,

(3) If any handcart is driven in contravention of the provisions of any by-law made under sub-section (1) or of the provisions of sub-section (2), any person who so drives it and also any person employing him or in any way responsible for or abetting such contravention or employment, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to fifty rupees or with both.

" Any owner or driver of any hackney carriage who demands more than the fare to which he is legally entitled, or without reasonable excuse refuses to let such carriage for hire shall be liable to a fine not exceeding fifty rupees and to pay such further sum by way of compensation to the party complaining as to the magistrate may seem just; and such further sum shall, in default of immediate payment, be levied as if it were a fine.

Every driver of a hackney carriage, who -

(a) is drunk during his employment.

(b) 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.

(d) 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 prevent 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 carry.

(g) carries more than such number of passengers.

(h) refuses to carry such quantity of luggage as is provided by the by-laws under this Act.

(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 discharged by the hirer, wilfully deserts from the hiring.

(1) plies for hire with any carriage or animal which shall at the time be unfit for public use.

(m) 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.

(n) refuses or neglects to give way, if he conveniently can, to any other vehicle.

(o) 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.

(1) When a compliant 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 produce the driver.

(2)
Penalty " If the owner after being duly summoned fails without reasonable excuse to appear or to produce the driver according to the summons, he shall be liable to a fine not exceeding fifty rupees.

(3)

(1) In case of any dispute between the hirer and the driver of any hackney, carriage, either may require the other to proceed forthwith to the nearest magistrate's Court; and the then sitting magistrate shall hear and determine the dispute in a summary way.

(2) If no magistrate 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-section (2) to attend the Court at any subsequent sitting to which the case may be adjourned the magistrate may decide the case

ex-parte,

and his decision shall be binding on both parties.

(1) If any person who has hired a hackney carriage refuses to pay to the owner or driver thereof the fare 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 immediate payment such fare and compensation may be recovered as a fine.

(2)

" If any person who has

used

any such carriage attempts to evade payment of the 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-section (1).

(1)

Every person who wilfully tears, destroys, defaces, obliterates, or removes any plate, list of fares, table of distances, or

driver

's badge kept under the provisions of this Act, shall be liable to a fine not exceeding twenty rupees.

(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.

" Every person using a hackney carriage who wilfully injures the same shall be liable to a fine not exceeding Rs.20, and shall also pay to the owner such compensation for the injury as the magistrate may direct and such compensation shall be leviable as if it were a fine.

" (1) The Deputy Commissioner shall appoint a sufficient number of public stands for hackney carriages.

(2) Every public stand so appointed shall have a board placed in a conspicuous place on the same containing a notice in English and Tamil or other vernacular language stating that the stand is a public stand under this Act, and specifying the number of carriages that may stand upon it.

(1) The owner or driver of every hackney carriage wherein any property is left by any person shall, within eighteen hours, carry such property to the nearest police station and deposit it with the Inspector or other officer on duty, and shall be entitled to a receipt duly signed by the officer taking charge of the same.

(2)

" Any such owner or driver making default therein shall be liable to a fine not exceeding Rs.20, or to imprisonment for a period which may extend to one month, or to both.

(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 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)

" Such property shall be delivered to the person 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 Commission may award;

" Provided that i

f

the property is not claimed and the ownership established within six months from the date of deposit, the Deputy Commissioner may cause the property to be advertised and sold by public auction; and the proceeds, after deducting the expenses, together with such reasonable sum as the Deputy Commissioner may award to the owner or driver of the hackney carriage may be forfeit to the State Government.

(Inserted by Madras Act XXI of 1964)

[Provided further that if the property is subject to speedy and natural decay the Deputy Commissioner may cause the property to be advertised and sold by public auction, and the proceeds, after deducting the expenses together with such reasonable sum as the Deputy Commissioner may award to the owner or driver of the hackney carriage, shall be paid to the owner of such property, if such owner establishes his claim to such proceeds and if the amount is not claimed within six months from the date of deposit it may be forfeited to the State Government.]

" Any person aggrieved by any order of the Deputy Commissioner "

(a) refusing registration of any vehicle under section 6; or

(b) suspending the licence of any hackney carriage under section 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.

" If in any prosecution under this Act the person charged does not appear as directed by the summons, the Magistrate may, upon proof of service and if no sufficient cause be shown for the non-appearance, proceed to dispose of the case in his absence.

(1) No person shall be liable to prosecution for any offence under this Act, unless the complaint respecting such offence be made within one month next after the commission of such offence.

(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.

" Where the magistrate is satisfied that a complainant has no reasonable ground for instituting a prosecution, he may direct 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 wee a fine.