Section 120(1)(c) in The West Bengal Motor Vehicles Rules, 1989
(c)The driver shall not refuse to carry any passenger, whenever the [metered taxis] [Substituted vide clause 2(11)(a)(ii), ibid (w.e.f. 16.12.2003) for the words 'taxi or auto-rickshaw'.] is empty and in a public place irrespective of whether meter is down or in "for hire" condition. It shall be the burden of the owner or driver to prove that without adequate reasons he did not accept passenger.