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BYELAWS FOR THE REGULATION AND CONTROL OF HACKNEY CARRRIAGES PLYING FOR HIRE WITHIN THE LIMITS OF DEHRADUN CANTONMENT |
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In continuation of notification
No. 2989-XI-C.R.-2 dated October 26, 1931 and in super session of notification
No. 3095-XI-957-D dated August 17, 1912, it is hereby notified that the Governor in Council
of United Provinces of Agra and Oudh is pleased in exercise the powers conferred by
section of the Hackney Carriages Act, 1879 (XIV of 1879) as amended by the
Decentralization Act, IV of 1914, and the Devolution Act, XXXVIII of 1926 to make the
following rules for the regulation and control of hackney carriages plying for hire within the
limits of the Dehradun Cantonment:- |
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1. |
No hackney carriage of any kind shall be let to hire or offered for hire within the limits of Dehradun Cantonment except under a license granted in accordance with these rules. But if a carriage licensed by the municipal board of Dehradun enters the Cantonment solely for the purpose of carrying from the municipality into the Cantonment, it shall not be required to take out a license under these rules either for so doing or for the return journey. |
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2. |
No person shall act as driver of hackney carriage within the limit of the Dehradun Cantonment who is not licensed to do so under these rules. |
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3. |
No hackney carriages and drivers of hackney carriage shall be licensed by the Executive Officer, Dehradun Cantonment. |
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4. |
No owner of any carriage, who is desirous of having it licensed as hackney carriage, shall apply to the licensing officer, stating the class in which he desires that the carriage may be licensed, and he shall submit the carriage and the harness and horses to be used therewith, for the inspection of the licensing officer appointed. |
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5. |
No licensing officer after such inspection, grant or refuse the license. If the application be granted, the licensing officer shall fill up a license in form 13 of the Municipal Account Code; and on receipt of the fee prescribed by rule II below, shall deliver the license duly signed to the owner of the hackney carriage. |
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No separate receipt shall be given to the licensee for the license fee. |
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6. |
The owner or driver shall produce his license whenever required to do so by- |
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(i) |
Any magistrate; |
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(ii) |
Any person authorised by the Cantonment Board in this behalf; |
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(iii) |
Any person hiring the carriage. |
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Explanation- The person in whose name any carriage is licensed shall be deemed to be the owner of such carriage for the purpose of these rules. |
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7. |
The particulars specified in the license granted under rule 5 shall be inscribed in English and Urdu or Hindi on a card or metal plate, which shall be provided by the licensing officer at licensee's expense and which shall be affixed to some conspicuous part of the carriage by the owner. The owner shall not allow the carriage to ply for hire unless this can or metal plate is affixed to it. |
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8. |
Carriages shall be classed as follows: - |
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Special class rubber-tyred phaetons or landaus of a superior class drawn by two horses of the height of 14 hands or over, regard being had to the condition of the horses and the general appearance of the carriage |
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First Class carriages |
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Four wheeled open carriages and approved closed carriages drawn by one horse of the height of 14 hands or over, or by two horses of 13 hands or over, regard being had o the condition of horse or horses and the state of carriage. |
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Second Class carriages |
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Tongas drawn by one horse of the height of 13-2 hands or over. |
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Third Class |
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Tongas drawn by a pony of 13 hands or over, regard being had to the condition of the horse and the state of the tonga |
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Fourth Class |
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Tum-tums drawn by one pony. |
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Provided that if any horse is not of the prescribed height but, is nevertheless in the opinion of licensing officer suitable for a carriage of the class in which registration is applied for, registration may be made in that class. |
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9. |
Notice of the transfer of the ownership of any hackney carriage shall be given in writing to the licensing officer by the transferee within one week from the date of transfer. The licensing officer shall thereupon call on and cancel the license of the original owner; and if there appears no reason to the contrary issue a fresh license to the person to whom the ownership has been transferred for the unexpired portion of the period of the original license on payment of a fee prescribed by the Cantonment authority. |
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10. |
(i) |
Any person desisting to be licensed as hackney carriage driver shall apply in person to the licensing officer, who after ascertaining that he is competent to drive a hackney carriage, may on receipt of the fee prescribed by the following rule, grant him a license as a driver; provided that the license may be refused if the licensing officer is of the opinion that it would be inexpedient to grant it to the person applying. |
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(ii) |
The licensing officer shall at the time of granting the license, deliver to the driver a ticket or badge on which the number of license granted, the name of the driver, and the period for which the license has been granted shall be inscribed. |
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(iii) |
Every licensed driver shall produce his license and ticket or badge whenever required to do so by any person mentioned in rule 6 above. |
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11. |
The following fee shall be payable for licences granted under these rules:- |
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Rs. |
(i) |
Special Class |
18.00 |
(ii) |
First Class |
15.00 |
(iii) |
Second Class |
12.00 |
(iv) |
Third Class |
07.00 |
(v) |
Fourth Class |
02.00 |
(vi) |
The drivers of a special, 1st, 2nd, 3rd and 4th class carriages |
02.00 |
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The drivers will have to pay the price of the badges in addition. |
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12. |
The fees received under these rules shall be brought to account and credited to the Cantonment fund in accordance with the procedure laid down in rule 31 of the Municipal Code. The licensing officers shall also, in regard to licenses issued under these rules, observe procedure laid down in rule 32 of the same code. |
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13. |
No license, badge or ticket granted under these rules shall be transferable, except a provided or in rule 9.
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14. |
It shall be the duty of the licensing officer to satisfy him from time to time that the animals, harness, and other appurtenances of every licensed carriage are in proper condition. A license may at any time be suspended or withdrawn when this is not the case.
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15. |
Every hackney carriage, special, first, second, third and fourth class shall carry two carriage lamps of an approved pattern, properly fixed, and with clean glasses. |
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These lamps shall be kept properly trimmed and lighted between nightfall and down. |
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16. |
The proprietor, or some other responsible persons, shall always be present at the premises where the hackney carriages are kept to supply carriages when required. Such officers as the Cantonment Board may authorize, may at any time inspect the different carriages, yards premises and stabling, and direct that they be kept properly cleaned and in good order. If inspection be not permitted, or if the directions given be not complied with the license shall be suspended or withdrawn. |
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| 17. |
When a hackney carriage is licensed the owner shall cause the number of the license and the class thereof to be distinctly inscribed in English and Urdu and Hindi on the outside of a first, second, third and fourth class carriage. |
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| 18. |
In the absence of any private agreement between the proprietor, agent or driver of a licensed carriage and the hirer, the following rates shall be paid:- |
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Special class |
First class |
Second class |
Third class |
Fourth class |
| Rs. A |
Rs. A |
Rs. A |
Rs. A |
Rs. A |
| For 1st hour or portion of an hour |
1 4 |
1 0 |
0 8 |
0 6 |
0 4 |
For trips occupying not more than half an hour from one place to another or for journeys less than a mile in Cantonment |
0 12 |
0 8 |
0 6 |
0 4 |
0 2 |
| For second hour |
0 12 |
0 8 |
0 6 |
0 4 |
0 2 |
| For every subsequent hour |
0 8 |
0 8 |
0 6 |
0 4 |
0 2 |
| For whole day of nine hours |
5 0 |
4 0 |
4 0 |
2 0 |
1 0 |
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Special rates for the following places: - |
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Special class |
First class |
Second class |
Third class |
Fourth class |
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Rs. A |
Rs. A |
Rs. A |
Rs. A |
Rs. A |
Body Guards from any place within Cantonment limits |
1 4 |
1 0 |
0 12 |
0 8 |
0 6 |
Rajpur from any place within Cantonment limits |
4 0 |
3 0 |
2 4 |
1 0 |
0 12 |
Ghangora to railway station Dehradun city |
2 8 |
2 4 |
2 0 |
1 4 |
0 10 |
Birpur to railway station Dehradun city |
2 0 |
1 12 |
1 8 |
1 0 |
0 8 |
2/2nd Gurkhas to railway station Dehradun city |
1 8 |
1 4 |
1 0 |
0 12 |
0 6 |
l/2nd Gurkhas to railway station Dehradun city |
1 4 |
1 0 |
0 12 |
0 8 |
0 6 |
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| 19. |
When a carriage is hired it shall be assumed that the hiring is by time unless the contrary is agreed upon, provided that distance rate shall apply to the places specified in the schedule and that where a vehicle is hired for such distance and detention of over 15 minutes after the completion of such distance shall be paid for at time rates in addition to the distance rates for such journey. |
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Provided that in any case where a hackney carriage is hired any time between the hour of 10 in the evening and the hour of 5 in the morning the owner or driver shall be entitled to demand for the hire of such carriage in respect of the time or distance over which the hiring thereof has extended between the hours above specified a rate or fare which shall amount to one and a half time the rate or fare fixed by the preceding rule. |
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| 20. |
The minimum speed, when a hackney carriage is hired by time, shall be : |
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| Special and 1st class |
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6 mile per hour |
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| 2nd and 3rd class |
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5 -do- |
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| 4th class |
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4 -do- |
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| 21. |
The number of passengers and the weight of articles to be carried in a hackney carriage shall be as under |
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| 1st class |
Not exceeding three adults |
One mound for each passenger |
| 2nd class |
Not exceeding three adults |
Thirty seers for each passenger |
| 3rd class |
Not exceeding three adults |
4th class (tumtum) |
| 4th class (tumtum) |
Not exceeding three adults |
Twenty seers for each passenger |
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Provided that for every passenger short of the number prescribed above, an additional weight of luggage not exceeding 1 & 1/2 mound for each passenger so deficient may be carried. |
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Explanation - Two children between four and ten years of age will be counted as one adult passenger; children of the age of four years and under will be left out of account. |
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| 22. |
Licenses issued under these rules shall be granted only for the period ending on March 31, next following. |
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| 23. |
A license may be suspended or withdrawn for a breach of any of the prohibitions contained rule 24 below, or for a breach of any other provision of these rules of which the licensee may be convicted under section 7 of the Act. |
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| 24. |
The owner of any carriage or any driver licensed under these rules shall not: |
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(i) |
Employ or permit an unlicensed driver to drive a hackney carriage. |
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(ii) |
Cruelly beat, ill-treat, over-drive, torture, or procure, or permit to be cruelly beaten, ill treated, over-driven or tortured any animal drawing a hackney carriage, or harness or drive, or permit to be harnessed or driven, in a hackney carriage, is unfit to be harnessed or driven. |
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(iii) |
Refuse without good excuse, to let his carriage on hire, or desert from the hiring when hired, by time, before discharge by the hirer. |
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(iv) |
Get drunk during employment, or make use of insulting or abusive language or gestures, or willfully obstruct or hinder the driver of any other carriage in taking up or setting down any person, or wrongfully prevent or endeavor to prevent the driver of another hackney carriage from being hired. |
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(v) |
When plying for hire and not actually hired, cause a hackney carriage to loiter in any public place, or when standing or plying for hire, call out or otherwise importune any person to hire such carriage to the annoyance of such person or any other person. |
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(vi) |
Demand more than the fare prescribed by these rules, or refuse to admit and convey in a hackney carriage the number of persons and amount of luggage for which it is licensed, except on reasonable and sufficient grounds. |
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(vii) |
Omit to produce the driver of any licensed carriage, or any animal used in any licensed carriage or the carriage, bareness and appurtenances thereof when ordered by a magistrate or the licensing officer to do so. |
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(viii) |
Employ, for drawing a hackney carriage, an animal which has not been passed by the inspecting officer for use in the class to which such hackney carriage belongs. |
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(ix) |
When conveying any person to or from any place or being in waiting with a carriage at any refuse to comply as regards the manner of taking up or setting down any passenger or of waiting for such purpose, with the directions of any police or other officer duly authorized to keep order and prevent obstruction of the streets in the neighborhood of the place. |
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(x) |
Carry a greater number of passengers or a greater weight of luggage than he is licensed to carry, or accept with the permission of the Cantonment authority or any magistrate any person suffering from a contagious or infectious disease, or dead body. |
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(xi) |
Having become aware that he has conveyed in a carriage any person suffering from a contagious or infectious disease or the dead body of any person, omit to notify immediately thereafter the fact to the cantonment superintendent or other person authorized by the Cantonment Board to receive such notices. |
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(xii) |
Having agreed, or having been hired, to be in attendance with a carriage at an appointed time or place, neglect or omit punctually to attend with such carriage at such appointed time or place unless delayed or prevented by some reasonable and sufficient cause. |
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(xiii) |
The wearing apparel of the driver will be Khaki puggrie, shirt and pantaloons, when plying for hire these garments will be in a clean condition. |
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(xiv) |
All hackney carriage drivers are required to wear an arm-band which will be supplied by the Cantonment authority on payment. |
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(xv) |
The owner of hackney carriage shall cause to be exhibited, in a conspicuous part of the inside of each carriage a schedule in English and Urdu, of the rates of fare chargeable under these rules for carriage of its class. He shall also be responsible that such list is kept in a legible condition. |
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(xvi) |
Every driver or owner of a hackney carriage shall immediately after termination of the hiring, carefully search such carriage, and if any property be discovered, shall take the same, unless sooner claimed by the owner, to the nearest police station within 24 hours. |
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(xvii) |
A driver of a hackney carriage is entitled to claim his discharge from any hirer after having been employed by such hirer for a whole day of nine hours or at any time in case of his being sick or his horse being lame or sick provided that in either case he supplies another hackney carriage to the hirer if required to do so. A driver or owner may refuse to let his carriage under the same circumstances, or if he is asked to ply beyond the limits to which these rules apply. |
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(xviii) |
The orders of the licensing officer appointed under these rules may be appealed, within 15 days to the Cantonment authority whose decision shall be final. |
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P.MASON |
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Secretary |
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Back |
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