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State of Maharashtra - Act

The Maharashtra Public Conveyance Act, 1920

MAHARASHTRA
India

The Maharashtra Public Conveyance Act, 1920

Act 7 of 1920

Published in Gazette 7 on 17 June 1920
Assented to on 17 June 1920
Commenced on 17 June 1920
[This is the version of this document as it was from 1 April 1979 to None.]
[Note: The original publication document is not available and this content could not be verified.]

The Maharashtra Public Conveyances Act, 1920Act No. 7 of 1920For Statement of Objects and Reasons, see Bombay Government Gazette, 1919, Part V, page 965; for Report of Select Committee, see Bombay Government Gazette, 1920, Part V, page 51; and for Proceedings in Council see Bombay Government Gazette, 1919, Part V, page 1092, see Bombay Government Gazette, 1920, page 265.[Received the assent of the Governor General; assent first published in the Bombay Government Gazette, on the 17th of June 1920.]An Act to amend the Law relating to the regulation of public conveyances.[Whereas it is expedient to amend the law relating to the regulation of public conveyances;And Whereas it is expedient to provide for prohibiting the plying of certain classes of vehicles as public conveyances; It is hereby enacted as follows :-] [This preamble was substituted for the original by Bombay 18 of 1948, Section 6.]

1. Short title and extent.

(1)This Act may be called [the Maharashtra Public Conveyances Act] [This Short title was substituted for the Short title 'the Bombay Public Conveyances Act, 1920' by Maharashtra 24 of 2012, Schedule Entry No. 14 (w.r.e.f. 1.5.1960).].

(2)This section and sections 36, 38 and 39 extend to the [whole of the State of Bombay] [These words were substituted for the words 'pre-Re-Organisation State of Bombay, excluding the transferred territories' by Bombay 86 of 1958, Section 3(i)(a).]. The rest of the Act extends, subject to the provisions of section 36, only to the [Greater Bombay] [These words were substituted for the words 'City of Bombay' by Bombay 17 of 1945, Section 9 and Schedule E, read with Bombay 52 of 1947, Section 2 proviso.];[Provided that on the commencement of the Bombay Public Conveyances (Unification and Amendment) Act, 1958, the rest of the Act shall come into force at once in those parts of the State of Bombay in which the Hackney-carriage Act, 1879, or the Hyderabad Public Conveyances Act, 1956, or the Bombay Public Conveyances Act, 1920, as adapted and applied to the Saurashtra area or the Bombay Public Conveyances Act, 1920, as extended to the Kutch area was in force immediately before such commencement,] [This proviso was added by Bombay 86 of 1958, Section 3(i)(b).]

2. Definitions.

- In this Act unless there is anything repugnant in the subject or context-

(a)[ "Commissioner of Police" means - [Clause (a) was substituted for the original by Bombay 56 of 1959, Section 3, Schedule.]

(i)the Commissioner of Police for Greater Bombay, and

(ii)where the rest of the Act or any portion thereof has been extended to any other area and a Commissioner of Police has been appointed for that area, the Commissioner of Police for that area:

and includes any person authorised by the Commissioner of Police concerned to exercise or perform any power or duty imposed or conferred on him by this Act;]

(b)[ "Public conveyance" means any wheeled vehicle, drawn or propelled on roads and used for the purposes of plying for hire for the conveyance of persons or goods but does not include a motor vehicle as defined in the Motor Vehicles Act, 1939, or a vehicle running upon fixed rails;] [This clause was substituted for the original by Bombay 18 of 1943, Section 2, read with Bombay 18 of 1948, Section 2.]

(c)[ "licensing year" means the year commencing on such date as the Commissioner of Police shall, subject to the conditions of previous publication, fix for the purpose of licences granted under this Act;] [Clause (c) was substituted for the original by Bombay 7 of 1928, Section 2.]

(d)"driver" includes a conductor, attendant or other person in charge of a public conveyance;

(e)"licensee" means the holder of a licence granted under this Act for a public conveyance or a horse or a driver of a public conveyance.

Licensing of Public Conveyances

3. Public conveyances to be licensed.

(1)No person shall keep or let for hire any public conveyance without a licence granted by the Commissioner of Police in this behalf.

(2)On every public conveyance-

(a)the number of the conveyance as entered in the licence granted for the same, and

(b)where the conveyance is licensed to carry passengers, the number of passengers which it licensed to carry,

shall be clearly inscribed in such manner as the Commissioner of Police may direct.

4. Licences for public conveyance.

(1)Such licences shall remain in force for the licensing year, unless sooner determined under the provisions of this Act, and shall be renewable.

(2)Such licences shall contain the following and such other particulars and conditions as the Commissioner of Police may prescribe:-

(a)the full name and address of the licensee;

(b)the date on which the licence was granted and the date on which it will expire by efflux of time;

(c)the local area for which the licence is granted;

(d)the number and class of the conveyance;

(e)the number of horse or other animals (if any) by which it is to be drawn;

(f)the number of passengers (if any) which it may carry.

(3)Such licence shall not be transferred by the licensee to any other person without the sanction of the Commissioner of Police and if transferred without such sanction shall thereupon become void. Such sanction when granted shall be endorsed on the licence.

(4)[ No such licence shall be granted or renewed unless it is shown to the satisfaction of the Commissioner of Police that the applicant has paid the vehicle tax due in respect of the public conveyance to a local authority constituted under any law for the time being in force.] [This sub-section was added by Bombay 86 of 1958, Section 3(ii).]

5. Grounds on which licence may be refused or cancelled.

- [(1A) The Commissioner of Police may refuse to grant licence for any class of vehicles if, in his opinion, it is undesirable that such vehicles should be used as public conveyances. The Commissioner of Police may, on the same ground, refuse to renew, and may, at any time, cancel the licence already granted for such vehicles. On such cancellation the licensee shall be granted out of the fees paid by him for the licence a refund of a sum equal to the amount of fees payable for the unexpired portion of the licence calculated in proportion to the amount paid for the full period of the licence.] [This sub-section was inserted by Bombay 18 of 1948, Section 4.]

(1)The Commissioner of Police may refuse to grant a licence for a public conveyance if in his opinion the conveyance is insufficiently found or is otherwise unfit for the purpose for which it is intended.

(2)The Commissioner of Police may refuse to renew, and may at any time suspend or cancel, a licence for a public conveyance on either of the foregoing grounds or if in his opinion -

(i)the licensee has committed a breach of any provision of this Act or of a rule made under this Act or of a condition of the licence, or

(ii)a conveyance licensed for carrying goods has been used for carrying passengers.

(3)When refusing to renew, or suspending or cancelling, a licence for a public conveyance, the Commissioner of Police may erase the inscription made thereon in accordance with this Act.

5A. [ Special licensing provisions in respect of cycle-rickshaws, in certain areas. [Section 5A was inserted by Maharashtra 13 of 1979, Section 2.]

(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.

(2)The State Government may on an application by any person aggrieved by an order passed by the Commissioner of Police refusing to grant or renew a licence in his favour, made to it within sixty days from the date of receipt of such order, or at any time suo motu, call for and examine the records of the case for the purpose of satisfying itself as to the legality or propriety of any order passed by the Commissioner of Police under this section, and, after giving a reasonable opportunity of being heard to the person concerned, pass such order in reference thereto as it thinks fit.]

6. Number, etc., to be inscribed on conveyance.

(1)When granting or renewing a licence for a public conveyance, and at other times when necessary, the Commissioner of Police shall cause the particulars required by clauses (a) and (b) of sub-section (2) of section 3 to be painted or otherwise clearly inscribed upon the conveyance.

(2)No fee shall be charged for any inscription made under the foregoing sub-section when it is made at the time when the licence is granted or at the annual renewal of the licence, but when such inscription is made at any other time [the licensee shall pay such sum towards the cost of such inscription as the Commissioner of Police shall by rules direct.] [These words were substituted for the words 'a fee at one-half of the rate chargeable for the grant of a licence for a public conveyance under section 7, sub-section (1), shall be charged' Bombay 7 of 1928, Section 3.]

7. Fees for public conveyance licences.

(1)For the grant of a licence for a public conveyance a fee shall be charged at such rate as the Commissioner of Police shall prescribe.

(2)For the renewal of such licence a fee at one-half of the rate chargeable under the foregoing sub-section shall be charged.Licensing of horses

8. Licensing of horses.

(1)No horse shall be used for drawing a public conveyance except under a licence granted by the Commissioner of Police in respect of such horse.

(2)Such licences shall remain in force for the licensing year unless sooner determined under this Act, and shall be renewable.

(3)Such licences shall contain the following and such other particulars and conditions as the Commissioner of Police may prescribe:

(a)the full name and address of the licensee;

(b)the date on which the licence was granted and the date on which it will expire by efflux of time;

(c)the local area for which the licence is granted;

(d)a description of the horse for which the licence is granted and the marks of identification of the same;

(e)the class of conveyance to draw which the horse may be used.

(4)Such licences may not be transferred by the licensee to any person without the sanction of the Commissioner of Police and if transferred without such sanction shall thereupon become void. Such sanction shall be endorsed on the licence.

(5)[ Such licences shall if so directed by the Commissioner of Police be carried in the pubic conveyance for drawing which the horse is being used and shall be produced for inspection whenever required by any police officer.] [This sub-section (5) was added Bombay 7 of 1928, Section 4.]

9. Branding of horses.

- When granting a licence for a horse the Commissioner of Police [may, if he thinks it necessary] [These words were substituted for the word 'shall' Bombay 7 of 1928, Section 5.] brand such horse on the hoof in such manner that it may be easily identified.

10. Grounds on which licence for horse may be refused or cancelled and examination by a veterinary practitioner.

(1)The Commissioner of Police may refuse to grant to renew, and may at any time suspend, a licence for a horse if in his opinion such horse is in any way unfit for use in a public conveyance.

(2)In case of such refusal or suspension the owner of the horse or licensee, as the case may be, may require that such horse be examined by a veterinary practitioner of the Government or of a local authority, and, if in the opinion of such practitioner the horse is fit for use in a public conveyance, the Commissioner of Police shall grant or renew the licence or cancel the order of suspension.Licensing of Drivers

11. Drivers to be licensed.

(1)No person shall act as driver of a public conveyance without a licence granted by the Commissioner of Police in this behalf.

(2)Such licences shall remain in force for the licensing year unless sooner determined under this Act, and shall be renewable.

(3)Such licence shall contain the following and such other particulars and conditions as the Commissioner of Police may prescribe:-

(a)the full name and address of the licensee;

(b)the date on which the licence was granted and the date on which it will expire by efflux of time;

(c)the local area for which the licence is granted;

(d)the class of public conveyance which the licensee is licensed to drive.

12. Grounds on which driver's licence may be refused or cancelled.

(1)The Commissioner of Police may refuse to grant a licence to a driver if in his opinion such driver [is not competent and careful or] [These words were inserted by Bombay 2 of 1924, Section 2.] is unfit on account of youth, infirmity, bad character or any other reason to pursue the occupation of driver of a public conveyance.

(2)The Commissioner of Police may refuse to renew, and may at any time suspend or cancel, a driver's licence on the foregoing grounds or if the holder has committed a breach of any provision of this Act or of a rule made under this Act or of a condition of the licence.

13. Driver's badges.

(1)When granting a licence to a driver the Commissioner of Police shall provide him with a metal badge bearing the number of the licence.

(2)Every driver who has received such badge shall wear the same on an conspicuous part of his dress at all times when pursuing his occupation as driver.

(3)No driver who has received such badge shall permit any other person to wear the same:Provided that any person, other than the driver to whom a badge has been given by the Commissioner of Police, who shall wear such badge shall be presumed, until the contrary is proved, to wear it with such driver's permission.

14. Fees for driver's licences.

(1)For the grant of a licence to a driver a fee shall be charged at such rate as the Commissioner of Police shall prescribe.

(2)For the renewal of such licence a fee at one-half of the rate chargeable under the foregoing sub-section shall be charged.Provisions relating to licenses

15. Licences when suspended or cancelled to be returned.

- Every licence which has been suspended or cancelled shall be returned by the licensee to the Commissioner of Police within twenty-four hours after the suspension or cancellation thereof.

16. Change of address of licensee to be reported.

- Whenever a licensee shall change his residence he shall within one week thereafter give notice thereof in writing signed by himself to the Commissioner of Police.

16A. [ Licensee to report name of person left in charge of conveyance during his absence. [Section 16A was inserted by Bombay 7 of 1928, Section 6.]

- Whenever the licensee of public conveyance shall be absent from the [Greater Bombay] for a period exceeding fifteen days he shall, if the public conveyance is used for the purpose of plying for hire, give, previous to his departure, notice thereof in writing signed by himself to the Commissioner of Police. Such notice shall state the name of the person left in charge of the public conveyance. Such person shall, until the return of the licensee. Perform all the duties of a licensee of a public conveyance and be liable to all the penalties to which such licensee is liable under this Act.]

17. Public conveyance or horse to be produced for inspection when required.

- Every licensee of a public conveyance or horse shall produce such conveyance or horse for inspection whenever the Commissioner of Police shall require him to do so.Fares and stands

18. Rates of fares.

- The Commissioner of Public shall, subject to the conditions of previous publication and the previous sanction of the [ [State] [The wards 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order In Council.] Government], fix the legal rates of fares for public conveyances.

19. Stands.

- The Commissioner of Police shat) appoint stands or places, at which atone public conveyances may stand to ply for hire [and may, at any time, abolish any such stand or place.] [These words were added by Bombay 7 of 1928, Section 7.]

20. Driver to have his licence as driver and list of fares.

(1)Every driver of a public conveyance shall have with him when pursuing his occupation as driver the licence granted to him under section 11 of this Act and a clean and legible list, in English and such vernacular language or languages as the Commissioner of Police may direct, bearing the name in full of the licence of the conveyance and showing the rates of fares fixed for the time being for the hire of the conveyance, with an abstract of the law relating to public conveyances.

(2)Every such driver shall on demand by a police officer produce for inspection such licence and list.

(3)Every such driver shall on demand produce such list for the information of any hirer of, or passenger travelling in, the conveyance.

21. Book of fares to be issued.

- Lists of the fares fixed for public conveyances, as for the time being in force, together with the abstract referred to in the preceding section, shall be prepared by the Commissioner of Police and sold to the public at a reasonable price.Offences and punishments

22. Keeping public conveyance without licence.

- [(1) Any person who shall-(a)keep or left for hire any public conveyance without a licence granted by the Commissioner of Police in this behalf and for the time being in force, or(b)[* * *] keep or left for hire any public conveyance on which the number and other particulars required by section 3 are not clearly inscribed in such manner as the Commissioner of Police directs,shall be punishable with fine which may extend to one hundred rupees.] [Section 22 was renumbered as sub-section (1) by Bombay 37 of 1949, Section 2.]

(2)[ If any person commits an offence under clause (a) of sub-section (1) any Court trying such offence may direct that the conveyance in respect of which the Court is satisfied that the offence has been committed shall be forfeited to [Government] [This sub-section was inserted by Bombay 37 of 1949, Section 2.]].

23. Failure to cause public conveyance to ply when so required by the police.

- Any licensee of a public conveyance who shall without sufficient reason fail to cause such conveyance to ply for hire when required to do so by a police officer and any driver of a public conveyance who shall without sufficient reason fail duly to pursue his occupation when required to do so by a police officer, shall be punishable with fine which may extend to fifty rupees.

24. Licensee of public conveyance permitting unlicensed driver to use the same or permitting the same to be drawn by unlicensed horse.

- Any licensee of a public conveyance who shall, when the same is used for the purpose of a public conveyance permit any person to act as driver thereof other than a driver duly licensed under this Act, or who shall, when such conveyance is used for the purpose aforesaid, permit the same to be drawn by a horse other than a horse for which a licence is in force under this Act, shall be punishable with fine which may extend to fifty rupees.

25. Failure to produce public conveyance or horse for inspection.

- Whoever, being the licensee of a public conveyance or horse, shall fail to produce such conveyance or horse for inspection when required to do so by the Commissioner of Police shall be punishable with fine which may extend to twenty rupees.

26. Offences by drivers of public conveyances.

(1)Whoever shall act as driver of a public conveyance without a driver's licence granted by the Commissioner of Police in this behalf and for the time being in force, or, [without a badge, if he has received a badge from the Commissioner of Police, or, when acting as such driver, shall fail to wear a badge so received] [These words were substituted for the words, 'without a badge granted to him by the Commissioner of Police or when setting as such driver, shall fail to wear such badge' by a Bombay 7 of 1928, Section 8(a).] on a conspicuous part of his dress; and

(2)Whoever, being the driver of a public conveyance, shall-

(a)permit any other person to use his licence or badge;

(b)permit more passengers to be carried in a public conveyance than it is licensed to carry;

(c)conceal or permit to be concealed from public view the inscription made on a public conveyance in accordance with this Act, or prevent or attempt to prevent any person taking note of such inscription;

(d)permit any person to be carried, without the express consent of the hirer, in a public conveyance the whole of which has been hired by any person;

(e)fail to produce, on demand by a police officer, the licence, [if any] [The words 'if any' were Inserted Bombay 7 of 1928, Section 8(b).], granted to him under [section 8 or section 11] [The words and figures 'section 8 or section 11' were substituted for the word and figures 'section 11' Bombay 7 of 1928.] or a list of the legal rates of fares as required by this Act;

(f)fail to produce, on demand by a hirer of, or passenger travelling in, a public conveyance a list of the legal rates of fares for such conveyance as required by this Act;

(g)refuse or neglect to give way, if he conveniently can, to any private conveyance, or obstruct or hinder the driver of any other public conveyance in taking up or setting down any person into or from such other public conveyance;

(h)be intoxicated at any time while pursuing his occupation as driver;

(i)make use of insulting or abusive language or gesture;

(j)refuse to obey the reasonable orders of any person hiring a public conveyance of which he is in charge;

(k)when acting as driver, permit the inside of a public conveyance of which he is in charge to be dirty; or

(l)when in charge of a public conveyance other than a cart used for conveyance of goods,-

(i)demand prepayment of his fare, or

(ii)refuse without reasonable cause to carry any person desiring to hire the conveyance, or

(iii)refuse or delay to proceed with reasonable expedition, or

(iv)demand for the hire of the conveyance more than the legal fare, or

(v)any stand to ply for hire at nay place other than a stand or place appointed under this Act or loiter for the purpose of being hired in or upon any public street, road or place,

shall be punishable with fine which may extend to fifty rupees.

27. Failure to return licence or to notify address.

- Any licensee -

(a)who shall fail to return a licence which has been suspended or cancelled to the Commissioner of Police within twenty-four hours after the suspension or cancellation thereof, or

(b)who, after changing his residence, shall fail to give notice thereof in writing signed by himself to the Commissioner of Police within one week after such change has taken place, or

(bb)[ who, before leaving the [Greater Bombay] [Clause (bb) was inserted by Bombay 7 of 1928, Section 9.] for a period exceeding fifteen days shall fail to give notice thereof in writing signed by himself to the Commissioner of Police, or]

(c)who shall contravene any condition of his licence, shall be punishable with fine which may extend to twenty rupees.

28. Injury to public conveyance.

- Any person using a public conveyance who shall wilfully or negligently injure the same shall be punishable with fine which may extend to twenty rupees, and shall also pay the owner of such conveyance such compensation as the Magistrate may direct, and such compensation shall be leviable as a fine.

29. Compensation payable by driver causing damage.

- The driver of any public conveyance who shall by negligence or misconduct, cause any hurt or damage shall, in addition to punishment to which he may be liable by law, pay the complainant, such reasonable compensation as the Magistrate may direct, and such compensation shall be leviable as a fine.Procedure

30. Arrest by police.

- Any police office may arrest without warrant any person who has committed any offence under this Act, and may seize and detain any conveyance or horse in relation to which such offence has been committed.

31. Procedure in case of dispute.

(1)In case of any dispute between the hirer and driver 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 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 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 hereof 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.

32. Licensee may be required to produce driver; penalty.

(1)When a complaint is made before a Magistrate against a driver of a public conveyance under this Act, the Magistrate may, if the driver fails to appear , summon the licensee of such conveyance to appear and produce the driver.

(2)If the licensee after being duly summoned fails without reasonable excuse to appear or to produce the driver he shall be punishable with fine not exceeding fifty rupees.

33. Refusal to pay fare.

- If any person who has hired a public' conveyance refuses to pay the legal fare thereof, the Magistrate may order payment of such fare and also of reasonable compensation for loss of time; such fare and compensation shall be leviable as a fine.

34. Disposal of property; penalty.

(1)All property left in any public conveyance shall be forthwith deposited by the licensee or driver of such conveyance at the nearest police station.

(2)The Commissioner of Police shall cause such property to be returned to such person as shall prove o his satisfaction that he is entitled to the same, on payment by such person of all expenses reasonably incurred and of such compensation to the driver of the public conveyance as the Commissioner of Police may consider just.

(3)Any licensee or driver failing to deposit any property as required by sub-section (1) shall be punishable with fine which may extend to fifty rupees.

35. Rules.

- [(1) The Commissioner of Police, subject to the condition of previous publication, may make rules not inconsistent with this Act,-(a)fixing the sum to be paid towards the cost of an inscription under sub-section (2) of section 6;(b)generally for the regulation of public conveyances.]

(2)Such rules shall be published in the [Official Gazette] [The words 'Official Gazette' Were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.].

(3)[ Such rules may provide that a contravention thereof shall be punishable with fine which may extend to thirty rupees.] [Sub-section (3) was inserted by Bombay 7 of 1928, Section 11(b).]

36. Extension of Act.

(1)The [Commissioner] [This word was substituted for the words, 'State Government' by Bombay 8 of 1958, Section 3, Schedule.] [* * * *] [This words 'or the Commissioner of a division' were deleted by Bombay 28 of 1950, Schedule.] may by notification in the [Official Gazette] [The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.] extend this Act or any specified provisions thereof to any area within [his] [This word was substituted for the word 'its' by Bombay 8 of 1958, Section 3, Schedule.] [* *] [The words 'or his' were deleted by Bombay 28 of 1950, Schedule.] jurisdiction from a date to be stated in such notification.

(2)Where this Act or any portion thereof is extended to any such area, the [Commissioner] [This word was substituted for the words, 'State Government' by Bombay 8 of 1958, Section 3, Schedule.] [* * * *] [The words 'or the Commissioner of the division, as the case may be' were deleted by Bombay 28 of 1950, Schedule.]

(a)shall [where no Commissioner of Police has been appointed] [These words were inserted by Bombay 56 of 1959, Section 3, Schedule.] by notification appoint some person to perform the functions assigned by this Act to the Commissioner of Police, and

(b)may by notification direct that any particular Magistrates or classes of Magistrates shall exercise jurisdiction under this Act, and

(c)[ may by notification direct that any class of vehicles shall be exempt from all or any of the provisions of this Act.] [Clause (c) was substituted for the original clause by Bombay 7 of 1928, Section 12(a).]

(3)A notification under this section extending this Act or any portion thereof to any area shall be published at least thirty days before the date fixed for its coming into effect,

(3A)[ When this Act or any specified provisions thereof are extended to any area by a notification under this section the expression [Greater Bombay] [Sub-section (3A) was inserted by Bombay 7 of 1928, Section 12(b).] occurring in the foregoing provisions of this Act shall be construed as meaning the area to which this Act or any specified provisions thereof are extended by such notification,] [Sub-section (1) was substituted for the original by Bombay 7 of 1928, Section 11(a).]

(4)When this Act or any portion thereof is extended to any area the powers of fixing fees and of appointing [and abolishing] [These words were inserted by Bombay 7 of 1928, Section 12(c).] stands and of making rules shall be exercised subject to the approval of the [Commissioner] [This word was substituted for the words 'State Government' by Bombay 8 of 1958, Section 3, Schedule.] [* * *] [The words 'or the Commissioner of the division, as the case may be' were deleted by Bombay 28 of 1950, Schedule.] [* * * *] [Sub-section (5), which was substituted for the original sub-section (5) by Section 2 of Bombay 11 of 1924, was omitted by Bombay 7 of 1928.].

37. [ Power to apply or adapt certain provisions to vehicles not used for the purpose of plying for hire. [Section 37 was substituted for the original section by Bombay 7 of 1928, Section 13.]

- The [ [State] Government], or any area to which this Act or any specified provisions thereof have been extended under section 36 the [Commissioner] [This word was substituted for the words 'State Government' by Bombay 8 of 1958, Section 3, Schedule.] [* * *] [The words 'or the Commissioner of the division, as the case may be' were deleted by Bombay 28 of 1950, Schedule.] may, by notification in the [Official Gazette] [The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.], apply or adapt all or any of the provisions of this Act, except those which relate to plying for hire, or any part of any such provision, to vehicles or to any class of vehicles which are kept, or ordinarily let for hire, but which are not used for the purpose of plying for hire.Explanation. - A vehicle shall not be deemed to be kept for hire if it is let for hire only occasionally by private agreement.]

38. Powers may be exercised from time to time.

- All powers conferred by this Act may be exercised from time to time as occasion requires.

39. [ Repeal and savings. [This section was substituted for the original by Bombay 86 of 1958, Section 3(iii).]

- On the commencement of the Bombay Public Conveyances (Unification and Amendment) Act, 1958, the following Acts, that is to say, -(i)the Bombay Public Conveyances Act, 1920, as adapted and applied to the Saurashtra area of the State of Bombay,(ii)the Hackney-carriage Act, 1879, as in force in the Vidarbha region of the. State of Bombay,(iii)the Hyderabad Public Conveyances Act, 1956, and(iv)the Bombay Public Conveyances Act, 1920, as extended to the Kutch area of the State of Bombay,shall be repealed:Provided that notwithstanding such repeal-(a)any notification issued, licence granted or rule made under the provisions of the laws so repealed shall continue in force until it is superseded or modified by any notification, licence or rule issued, granted or made by a competent authority under this Act and if no such authority exists or if there be a doubt as to the competent authority by such authority as the State Government may designate;(b)anything done or action taken (including any notice given, prosecutions launched, right acquired, obligation and liability accrued or incurred, penalty imposed, proceedings pending, badges provided, rates of fares fixed, stands or places appointed, or sanctions granted) shall be deemed to be done, or taken, under the corresponding provisions of this Act as if this Act had then been in force;]NotificationsG.N., H. D., No. PCA. 1154/29293, dated 26th May, 1954 (B. G., Part IV-B, page 708) - In exercise of the powers conferred by section 36 of the Bombay Public Conveyances Act (Bombay VII of 1920), the Government of Bombay is pleased to extend, with effect from the 21st July 1954 the provisions of the said Act to the areas specified in the Schedule appended hereto, and is further pleased -

(1)to appoint the District Superintendent of Police, Thana, to perform in respect of the said areas the functions assigned by the said Act to the Commissioner of Police, and

(2)to direct that the Magistrates of First, Second and Third Class having jurisdiction over the said areas shall exercise jurisdiction under the said Act.

Schedule

Areas in the Thana District

(1)Ulhasnagar Township.

(2)Ambernath village.G. N., H. D., No. PCA. 1053/77607, dated 24th August, 1954 (B. G., Part IV-B, page 1091) - In exercise of the powers conferred by section 36 of the Bombay Public Conveyances Act, 1920 (Bombay VII of 1920), the Government of Bombay is pleased to extend, with effect from the 17th October 1954, the provisions of the said Act to the areas specified in the Schedule appended hereto, and is further pleased-

(1)to appoint the Superintendent of Police, Western Railway, to perform in respect of the said areas the functions assigned by the said Act to the Commissioner of Police;

(2)to direct that the Magistrate of the First, Second and Third Class having jurisdiction over the said areas shall exercise jurisdiction under the said Act.

Schedule 2

The following areas in the Thana District

(1)Area within the limits of Safala Railway Station compound, on the Western Railway.

(2)The Road starting from the boundary of the Safala town and joining the Safala Railway Station.G. N., H. D., No. LA. 416/29440, dated 15th September, 1954 (B. G., Part IV-B, page 1151) - In exercise of the powers conferred by section 36 of the Bombay Public Conveyances Act, 1920 (Bombay VII of 1920), and in supersession of the Government Notification, Judicial Department, No. 2836, dated the 13th May 1911 and of all other notifications previously issued in this behalf, the Government of Bombay is pleased to extend with effect from 30th October 1954, the provisions of the said Act to the areas specified in the Schedule appended hereto, and is further pleased-

(a)to appoint the District Superintendent of Police, Kolaba to perform in respect of the said areas the functions assigned by the said Act to the Commissioner of Police, and

(b)to direct that the Magistrates of the First, Second and Third Class having jurisdiction over the said areas shall exercise jurisdiction under the Act.

Schedule 3

Area in the Kolaba DistrictThe Municipal limits of Matheran.G. N., H. D., No. PCA. 1053/70361, dated 21st February, 1955 (B. G., Part IV-B, page 773) - In exercise of the powers conferred by section 36 of the Bombay Public Conveyances Act, 1920 (Bombay VII of 1920), the Government of Bombay hereby extends with effect from the 18th April 1955 the provisions of the said Act to the areas within the limits of the Compounds of the Railway Stations of the Western Railway mentioned In the Schedule hereto appended, and is further pleased-

(a)to appoint the Superintendent of Police, Western Railway, to perform in respect of the said areas the functions assigned by the said Act to the Commissioner of Police, and

(b)to direct that the Magistrates of the First, Second and Third Class having jurisdiction over the said areas shall exercise jurisdiction under the said Act.

Schedule 4

(1)The following Railway Stations in the Thana District, namely:-

(1)Malad.

(2)Palghar.

(3)Boisar.

(4)Dahanu Road.

(5)Gholvad.

(2)[* * * * * *] [Not printed as they pertain to the Gujarat State.]G.N., H. D., No. PCA. 1155/17918, dated 16th May, 1955 (B. G., Part IV-B, page 1179) - In exercise of the powers conferred by section 36 of the Bombay Public Conveyances Act, 1920 (Bombay VII of 1920) the Government of Bombay hereby extends with effect from the 30th June 1955 the provisions of the said Act to the areas specified in the Schedule appended hereto, and further-

(1)appoints the District Superintendent of Police, Sholapur, to perform in respect of the said areas the functions assigned by the said Act to the Commissioner of Police, and

(2)directs that the Magistrates of the First, Second and Third Class having jurisdiction over the said areas shall exercise jurisdiction under the said Act.

Schedule 5

Areas in the Sholapur District

(1) Dhundhani Village in AkalkotTaluka	]	In MalsirasTaluka
(2) Akluj Village (IncludingMalinagar Sugar Factory area)
(3) Borgaon Village (includingBorgaon Sugar Factory area)
(4) Purandwade Village (includingChitalenagar Gur Factory area)

G.N., H.D., No. PCA. 1155/33318, dated 6th September, 19S5 (B. G., Part IV-B, page 1962) - In exercise of the powers conferred by section 36 of the Bombay Public Conveyances Act, 1920 (Bombay VII of 1920), the Government of Bombay hereby extends, with effect from 1st October 1955, the provisions of the said Act to the area specified in the Schedule appended hereto, and further-

(1)appoints the District Superintendent of Police, North Satara, to perform in respect of the Said areas the functions assigned by the said Act to the Commissioner of Police, and

(2)directs that the Magistrates of the First, Second and Third Class having jurisdiction over the said areas shall exercise jurisdiction under the said Act. .

Schedule 6

Areas in North Satara District

(1)Koregaon Town and the road between that town and Koregaon Railway Station.

(2)Rahimatpur Town and the road between that Town and Rahimatpur Railway Station.G. N., H. D., No. PCA. 1156/21634-E, dated 12th April, 1956 (B. G., Part IV-B page 554) - In exercise of the powers conferred by section 36 of the Bombay Public Conveyances Act, 1920 (Bombay VII of 1920), the Government of Bombay is pleased, to extend with effect from the 1st June 1956 the provisions of the said Act to the areas specified in the Schedule appended hereto and is further pleased-

(1)to appoint the District Superintendent of Police, Thana, to perform in respect of the said areas the functions assigned by the said Act to the Commissioner of Police, and

(2)to direct that the Magistrates of the First, Second and Third Class having jurisdiction over the said areas shall exercise jurisdiction under the said Act.

Schedule 7

Areas in Thana District

(1)Padgha village.

(2)Vajreshwari.

(3)Ganeshpuri.

(4)Akloli.G.N., H.D., No. PCA. 1354/5827-E, dated 21st April, 1956 (B. G., Part IV-B, page 660) - In exercise of the powers conferred by clause (a) of sub-section (2) of section 36 of the Bombay Public Conveyances Act, 1920 (Bombay VII of 1920), the Government of Bombay hereby appoints the District Superintendent of Police, Poona (Rural), to perform the functions assigned by the said Act to the Commissioner of Police in respect of the two areas of the road from Baramati town to Malegaon and the Baramati Municipal area, mentioned in Notification No. POL. 3/89-II, dated the 20th March 1940, issued by the Commissioner, central Division and for that purpose amends the said notification, as follows, namely :-In the said notification, for the words "Sub-Divisional Police Officer, Eastern Sub-Division, - Poona" the words and brackets "District Superintendent of Police, Poona (Rural)" shall be substituted.

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