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Bengal Presidency - Section

Section 29 in The Calcutta Hackney-Carriage Act, 1919

29. Penalty for using horse not bearing identification mark. -

(1)If any horse is employed for drawing a hackney-carriage let or used or plying for hire without bearing a mark of identification attached or applied to it under this Act, the owner of such horse shall be liable to a fine not exceeding fifty rupees, and, in default of payment of fine, to simple imprisonment for a period not exceeding fourteen days.
(2)Any police-officer, or any person duly authorised by the Commissioner of Police in that behalf, may seize such horse with its harness and remove the same to a police-station :Provided that any horse with its harness 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 horse and its harness when required.
(3)Any horse with its harness seized under sub-section (2) which is not released under the provision 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 the horse and the harness 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 horse and its harness 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.