Section 16 in The Calcutta Hackney-Carriage Act, 1919
16. Penalty for using unregistered carriage. -
(1)If any hackney-carriage is used as such without having been duly registered under this Act, the owner of such carriage shall be liable to a fine not exceeding one hundred rupees, and, in default of payment of fine, to simple imprisonment for a period not exceeding three months.(2)Any police-officer, or any person duly authorized by the Commissioner of Police in that behalf, may seize such carriage together with the horses and harness thereof and remove the same to a police-station :Provided that, if it be proved on arrival at the police-station or afterwards that any horse so removed has been duly registered under this Act with its harness, that horse and harness shall be released forthwith :Provided also that any carriage so removed shall be released on the owner thereof furnishing security to the satisfaction of the officer-in-charge of the police-station for the production of the carriage when required.(3)Any carriage seized under sub-section (2) which is not released under the second proviso thereto, may be detained at the police-station or sent to the Registration Office and detained there, until any fine imposed by the Magistrate has been paid.(4)If hackney-carriage so seized be not claimed and if any fine imposed be not paid, together with any costs or charges incurred, within fifteen days of such seizure or imposition of such fine, respectively, such carriage may be sold by auction, after previous advertisement of such auction, and the sale-proceeds applied to the payment of the fine and all costs and charges incurred on account of the detention and sale.(5)The surplus, if any, if not claimed by the owner within a further period of one month, shall be credited and applied in the same manner as fees and fines realized under this Act.
