Section 70A in The Calcutta Hackney-Carriage Act, 1919
70A. [ Special provision for unlicensed rickshaws] [Section 70A inserted by W.B. Act 22 of 1980.]. - [(1) Notwithstanding anything to the contrary contained elsewhere in this Act, if any rickshaw, other than a cycle-rickshaw, is used as such without having license under this Act, the owner of such rickshaw shall be liable to a fine not exceeding five hundred rupees but subject to a minimum of fifty rupees and, in default of payment of fine, to simple imprisonment for a period not exceeding three months. Any police-officer or any person duly authorized by the Commissioner of Police in that behalf may seize such rickshaw and produce the same before the Magistrate] [Section 70A renumbered as sub-section(1) and the words substituted by W.B. Act 45 of 1981.] [and the Magistrate shall, in addition to the imposition of fire, order confiscation of the rickshaw.] [Section 70A renumbered as sub-section(1) and the words substituted by W.B. Act 45 of 1981.]
(2)[ Rickshaws confiscated under sub-section (1) shall be destroyed in such manner as the State Government may by general order direct] [Sub-section (2) inserted by W.B. Act 45 of 1981.].(3)[ A police-officer or a person duly authorised by the Commissioner of Police in that behalf may seize any rickshaw, other than a cycle-rickshaw, without having a license under this Act and found in the public thoroughfare, with or without its owner, or the owner of which is unknown or the whereabouts of the owner of which cannot be ascertained with reasonable diligence, and produce the same before the nearest Magistrate having jurisdiction and the Magistrate shall make an order for interim custody of the rickshaw] [Sub-section (3) to (7) inserted by W.B. Act 10 of 1986.].(4)[ After an order has been made under sub-section (3) for interim custody of the rickshaw, the Magistrate shall, by proclamation, make a declaration to the effect that the said rickshaw shall be confiscated and destroyed on the expiry of a period not exceeding thirty days from the date of issue of the proclamation unless the owner or the person in possession of the rickshaw appears before him and satisfies that the rickshaw was neither used nor intended to be used for carrying passengers or goods in a public thoroughfare till a license under this Act was granted by the Registering Officer] [Sub-section (3) to (7) inserted by W.B. Act 10 of 1986.].(5)[ Unless the contrary is proved, a rickshaw without having a license under this Act shall be deemed to have been used or intended to be used for carrying passengers or goods in a public thoroughfare, and the Magistrate shall order confiscation of the rickshaw] [Sub-section (3) to (7) inserted by W.B. Act 10 of 1986.].(6)[ A rickshaw confiscated under sub-section (5) shall be destroyed in such manner as the State Government may by order direct and such order shall be deemed to be a final order] [Sub-section (3) to (7) inserted by W.B. Act 10 of 1986.].(7)[ Provisions of sub-sections (3) to (6) shall be in addition to, and not in derogation of, the provisions of sub-sections (1) and (2)] [Sub-section (3) to (7) inserted by W.B. Act 10 of 1986.].
