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[Cites 0, Cited by 0] [Section 5A] [Entire Act]

State of Maharashtra - Subsection

Section 5A(1) in The Maharashtra Public Conveyance Act, 1920

(1)Notwithstanding anything contained in sections 3, 4, 5 and 36, in the City of Nagpur as constituted under the City of Nagpur Corporation Act, 1948, and in such other area as may be notified in this behalf by the Commissioner from time to time under section 36, being areas where sections 3, 4 and 5 extend or have been extended under section 36, no licence for keeping or letting for hire any cycle-rickshaw shall, after the commencement of the Bombay Public Conveyances. (Amendment) Act, 1979, be granted or renewed by the Commissioner of Police, unless the applicant-
(a)is himself the puller of the cycle-rickshaw;
(b)is either the sole owner thereof and if not the sole owner, owns the same jointly with not more than three other pullers; and
(c)has, in the opinion of the Commissioner of Police, no income sufficient for his maintenance, other than what may be derived from driving such cycle-rickshaw:
Provided that, any licence in respect of a cycle-rickshaw, which is valid immediately before such commencement, may be renewed by the Commissioner of Police in favour of a person who is not a puller, or in favour of such person jointly with another person who is a puller, for a period not exceeding six months at a time, but in any case, not exceeding two years in the aggregate:Provided further that, nothing in this section shall apply to any case where the applicant is a minor or widow or a person subject to any physical or mental disability and the applicant, in the opinion of the Commissioner of Police, has no income sufficient for his maintenance other than what may be derived by hiring of such cycle-rickshaw.Explanation. - For the purpose of this section,-
(a)"cycle-rickshaw" means a pedal driven cycle-rickshaw, but does not include any cycle-rickshaw which is fitted with an engine.
(b)"puller" means a person who by himself drives a cycle-rickshaw and holds a licence granted for the purpose under section 11.