Section 31 in The Gujarat Public Conveyances Act, 1920
31. Procedure in case of dispute.
(1)In case of any dispute between the hirer and driver of a public of a public conveyance either party may require the other to proceed forthwith to the nearest Magistrate's Court, where the dispute shall be determined in a summary manner by the Magistrate then sitting.(2)If no Magistrate is then sitting either party may require the other to proceed to the [officer in charge of the nearest police station] [These words were substituted for the words 'nearest police officer of rank not below that of inspector' by Bombay 7 of 1928, Section 10.] who shall, if necessary, arrange for the hearing of the case at the next sitting of the Court.(3)On failure of either party to appear before the Magistrate in pursuance of a requisition under sub-section (1) or sub-section (2), or 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.(4)Provided that, if the hirer is about to leave the [Greater Bombay] [These words were substituted for the original by Bombay 17 of 1945, Section 9 and Schedule E, read with Bombay 52 of 1947, Section 5, proviso.] a police officer to whom of reference has been made under sub-section (2) may, after hearing both parties, require the hirer to deposit such sum, if any, as appears to be due by him, and, if any compensation appears to be due under Section 28, an additional sum of ten rupees, and the hirer shall not be required to attend the Magistrate's Court. The police officer shall report the dispute to the Magistrate and the Magistrate may award the driver such sum, if any, not being in excess of the amount deposited by the hirer, as he considers just, and if any offence appears to have been committed, shall inquire into the same according to law. In either case where any surplus remains of the deposit made by the hirer, the Magistrate shall give notice thereof to the hirer and return it to him on demand.(5)Where the Magistrate is satisfied that one party had no reasonable ground for requiring the other party to proceed to his Court or to the nearest police officer, he may direct the former party to pay to the latter such compensation not exceeding fifty rupees as he thinks fit, and such compensation shall be leviable as a fine.
