Haryana Municipal (Regulation and Control of Cycle Rickshaw) Bye-laws, 1982

Published vide Haryana Government Notification No. GSR/..../82, dated 27.1.82

hl413

Local Government Department

No. G.S.R./H.A. 24/73/Sections 200 and 214/82. - In exercise of the powers conferred by section 200 and 214 of the Haryana Municipal Act, 1973, and with reference to Haryana Government, Local Government Department, notification No. No. G.S.R./H.A. 24/73/Sections 200 and 214/76 dated the 16th January, 1976, the Governor of Haryana hereby makes the following bye-laws, namely :-

(1) These bye-laws may be called the Haryana Municipal (Regulation and Control of Cycle Rickshaw) Bye-laws, 1982.

(2) They shall apply to all the municipalities except Ambala Cantonment.

In these bye-laws, unless the context otherwise requires, -

(i) "drive" includes the pulling of a rickshaw;

(ii) "driver" means a person who has completed his seventeenth years of age and is below fifty five years of age and who imples [piles?] or propels a rickshaw;

(iii) "licence" means a licence granted under these bye-laws and includes both owners's and driver's licence;

(iv) "Licensing Officer" means the officer appointed by the committee for granting cycle rickshaw licences;

(v) "Owner" means a person who owns the cycle rickshaw;

(vi) "rickshaw" means a two wheeled or three wheeled carriage attached to a cycle, with pneumatic tyre wheels, which is drawn and propelled by a man with a chain and pedal, like a bicycle and is designed to carry loads and passengers;

(vii) "private rickshaw" means and includes a cycle rickshaw which is not plied on hire; and

(viii) "public rickshaw" means a richshaw used for plying on hire.

No person shall keep a rickshaw either for plying on hire or for private use and no person shall drive or propel rickshaw within the limits of a municipality without a licence granted by the Licensing Officer under these bye-laws.
(1) The licence fee shall be chargeable at the following rates namely :-

(i) Owner's licence for a public or a private rickshaw	[Rs. 1.00] per annum
(ii) Driver's licence for a rickshaw	[Rs. 1.00] per anuum

(2) Where an application for the renewal of a licence is made before, or within a period of thirty days after, the date of its expiry, it shall be renewed on payment of fee prescribed under clause (1) and the renewal shall be made with effect from the date of expiry of the licence.

(3) Where an application for the renewal of a licence is made more than thirty days after the date of its expiry, the licence shall be renewed on payment of a fee at the following rates with effect from the date of renewal :-

(i) Owner's licence for a public or a private rickshaw	Rs. [Re. 1.00] per annum
(ii) Driver's licence for a rickshaw	[Re. 1.00] per anuum

In case the licence issued or renewed under these bye-laws is lost, mutilated or destroyed, the Licensing Officer may, on an application in this behalf, issue a duplicate licence on a payment of a fee of two rupees.
Every licence granted or renewed under these bye-laws shall expire on the 31st day of March next following the date of issue or renewal of the licence.
No licence shall be issued in respect of a rickshaw, unless it complies with the following conditions regarding its construction, equipment and maintenance :-

(a) to (d) omitted by Haryana Notification No GSR 67/HA24/93/Sections 200&214/83 dated 29.11.1983.

(e) that it is in good order and repairs in all respects and painted in the manner specified by the Licensing Officer in the following colours :-

(i) Public rickshaws	Red
(ii) Private rickshaws	White

(f) that it is provided with -

(i) a lamp;

(ii) a bell;

(iii) a reflector at the rear;

(iv) pneumatic rubber tyers;

(v) wheels and exile working on ball bearings;

(vi) seat upholstered with stuffing of rubber;

pillo-foam or springs or coconut fibre;

(vii) folding hood of a sun and water-proof material at a clear height of two feet and nine inches from the top of the seat;

(viii) effective crakes; and

(ix) a rear view plass on the handle.

Note :- Clauses (c), (d) and (f), (vi), (vii), will not apply in the case of rickshaw meant to carry load only,

Every proprietor of a licensed rickshaw or any person, for the time being incharge of such rickshaw, shall produce the same for inspection on such day and time and at such place as may be notified by the Licensing Officer.
On such inspection or at any subsequent time it shall be lawful to cancel the licence if the rickshaw is unfit to remain licensed.
A licence cancelled under bye-law 9 may be restored under its original conditions and without fresh charge when the rickshaw concerned is passed as fit for use under the preceding bye-laws.
Nothing in these bye-laws shall apply to a rickshaw which has been damaged in an accident or it otherwise defective while being removed to the nearest place of repairs.
(1) No driver's licence shall be issued unless that the applicant satisfies the licensing authority -

(a) that his age is not less than seventeen years and not more than fifty-five years;

(b) that a registered medical practitioner certifies as to his age and physical fitness;

(c) that he has not been convicted by any offence involving moral turpitude and his antecedents are verified by a police officer of the rank of a Station House Officer :

Provided that a provisional cycle rickshaw licence may be issued to a person whose character has been verified by the local rickshaw Union or Member of the Legislative Assembly or Municipal Commissioner subject to the final verification of antecedents by the police later on. In case his antecedents are not found satisfactory by the police, the provisional rickshaw licence issued earlier shall be cancelled;

(d) that he is well trained in driving of cycle-rickshaw;

(e) that he is well acquainted with principal streets and offices in the municipal area;

(f) that he has a thorough knowledge of the list of fares fixed by the committee;

(g) that he knows the rules of the road and signals used by the drivers of other vehicles or by the traffic police and drivers with all care and attention and observes all the rules of the road;

(h) that he shall not when propelling a rickshaw pass an octroi barrier without stopping and reporting himself to the clerk incharge there and shall not move the rickshaw from the said barrier unless that clerk incharge has had opportunity to assess and collect octroi or municipal tax on goods, if any, carried by it;

(i) that in case of rickshaw plying on hire, the licences to ply a rickshaw shall be given only to those persons who are themselves owners of the rickshaw for the plying of which the licence is applied for or to a co-operative or actual rickshaw pullers;

(2) No person shall be given licence for plying on hire more than one rickshaw, unless the rickshaw is owned and driven by himself :

Provided that a co-operative society of rickshaw-puller may be given a licence for plying on hire more than one rickshaw :

Provided further that such rickshaw shall not be driven by any person other than a member of the Co-operative Society.

(3) Licences of only those rickshaw-owners who are actual pullers shall be renewed on the expiry of their existing licences.

(1) The owner of every rickshaw, desirous of obtaining a licence shall apply, in writing in form 'A' appended to these bye-laws, to the Licensing Officer and produce the rickshaw for inspection at such place and time as the said officer may appoint.

(2) A person desirous of obtaining a driver's licence shall apply, in writing in form 'B' appended to these bye-laws, to the Licensing Officer and produce a medical certificate as to his age, physical fitness, identification marks and three 2½" x 3" prints of his recent photographs with his application or as otherwise directed by the Licensing Officer.

(1) The Licensing Officer may either grant or refuse the rickshaw licence or driver's licence, as the case may be. In the case of refusal, the grounds therefor shall be recorded and communicated to the applicant within a week of such refusal.

(2) The person, to whom a licence has been refused, may appeal in writing to the committee against the order within thirty days of the date of communication of the order whose decision thereon shall be final.

The owner's and the driver's licences shall be in forms C and D respectively appended to these bye-laws.
(1) Along with rickshaw licence, the Licensing Officer shall deliver or cause to be delivered to the owner;

(a) a disc or plate showing the licence number of the rickshaw; and

(b) a fare list.

(2) The disc or the plate shall be affixed to the rickshaw at a conspicuous place.

(3) The licence number shall be painted in case of a public rickshaw in black on white ground, and in case of a private rickshaw in white on black ground, on the back of the rickshaw at conspicuous place.

(4) The fare list shall be affixed to the rickshaw at a place specified by the Licensing Officer and shall be kept in a legible state.

In case the disc or plate issued under bye-law 16 is lost, mutilated or destroyed, the Licensing Officer may, if so requested, issue duplicate disc or plate on payment of a fee of two rupees.
Every licensed driver shall wear and exhibit the badge issued to him on his left side of the chest.
No licence, disc, plate or badge granted under these bye-laws shall be transferable.
Every licensed driver of a private rickshaw shall wear a navy blue coloured clean uniform comprising :-

(i) coat or shirt;

(ii) trousers or shorts; and

(iii) a head gear, if he likes, and the uniform will be supplied by the rickshaw owner.

Every licensed driver shall produce his licence on which his recent photograph is affixed and badge whenever required to do so by -

(i) any magistrate;

(ii) the Licensing Officer, the Medical Officer of Health or any other officer duly authorised by the committee to inspect the rickshaw;

(iii) any member of police on duty; and

(iv) any person hiring the rickshaw.

(1) Not more than two persons shall be carried in a rickshaw. Two children under twelve years of age shall be counted as one person and children under three years shall not be counted.

(2) The maximum weight of the load which may be carried on a licensed rickshaw shall be as follows :-

(a) When carrying two persons	... 20 kilograms
(b) When carrying one person	... 80 kilograms
(c) When no passenger are carried	... 120 kilograms
(d) Rickshaws meant for carrying load	... 500 kilograms

The owner or driver of any rickshaw, as the case may be, licensed under these bye-laws shall not -

(a) employ or permit an unlicensed driver to drive a rickshaw;

(b) employ any driver who is suffering from a contagious disease or is otherwise ill;

(d) drive a rickshaw in the state of drunkenness or make use of any insulting, abusive or obscene language or gesture when plying for hire;

(e) prevent or attempt to prevent another rickshaw or other conveyance from being hired or wilfully obstruct or hinder any person from boarding or alighting from any rickshaw or other conveyance;

(f) drive a rickshaw which is unlicensed or has no number disc, or fare list, properly painted or affixed to it, or is not in a proper state of repairs;

(g) drive a rickshaw beyond the hours prescribed by the Licensing Officer and appearing on the driver's licence;

(h) leave a rickshaw without a driver in a public place or a footpath or road, so as to cause obstruction or inconvenience to the traffic;

(i) fail to produce the rickshaw in pursuance of the order of a magistrate or the Licensing Officer or any other officer duly authorised to inspect the rickshaws;

(j) carry on a rickshaw except with the permission of the Licensing Officer, Medical Officer of Health, or any of a officer duly authorised by the committee, a dead body, or any person suffering from a contagious disease;

(k) having become aware that the driver has conveyed in a rickshaw any person suffering from contagious disease, or a dead body, fail to notify the fact to the Medical Officer of Health, the Licensing Officer or any other officer authorised by the committee in this behalf to receive such notices;

(l) fail to report promptly the driver's sickness of more than six days' duration to the Licensing Officer;

(m) utilise a rickshaw for hawking goods;

(n) neglect to comply with any order which the Licensing Officer may pass as to the repairs of the rickshaw;

(o) keep any soiled clothes or any dirty rags, etc., in the rickshaw;

(p) fail to deliver any property, within two hours of its having been left unclaimed in a rickshaw, to the nearest police station;

(q) drive a rickshaw without the lamp properly lighted during the lighting time hours; and

(r) disobey any direction of any police officer for the regulation of traffic or the control of rickshaws on rickshaw stand.

Notice of the transfer of ownership of any rickshaw licensed under these bye-laws shall be given in writing, to the Licensing Officer by the transferer within two weeks from the date of the transfer. The Licensing Officer shall thereupon cancel the licence of the original owner and shall on an application by the transferee and unless there are reasons for refusing to do so, issue a fresh licence to the transferee on payment of three rupees for the un-expired portion of the period of the original licence. Until the receipt of the notice aforesaid in the Licensing Officer's Office, the original licensee shall be deemed to be the owner and in possession of such rickshaw for the purpose of these bye-laws.
The proprietor or person in charge of rickshaw or persons who have the licences to drive or propel a rickshaw shall not charge for the hire of licensed rickshaw any fare in excess of the fare fixed by the committee.
If the Licensing Officer considers that any driver has become physically unfit, he may cancel his licence or suspend it for any specified period or disqualify such person from plying any rickshaw till he produces medical certificate of fitness.
A person in respect of whom any disqualification order is made shall be debarred to the extent and for the period specified in such order from holding or obtaining licence and the licence, if any, held by such person on the date of the order shall cease to be effective during such period.
Every person licensed to propel a rickshaw shall return his badge to the Licensing Officer, on termination, suspension or revocation of his licence. No licence or metal badge granted to a driver of a rickshaw shall be transferable.
No rickshaw shall be parked anywhere except in places specified in this behalf by the committee.
If a rickshaw of which the licence has been suspended or which has not been licensed or of which the puller has not obtained the licence, is found plying for hire, the committee or such person or persons as are authorised by it in this behalf, may impound the vehicle.
The committee will, consistent with its resources, endeavour to ensure that rickshaw sheds, stands and night shelters for rickshaw pullers are constructed by it for the benefit of this class of society.
Any person who commits, or abets the commission of, a breach of any of these bye-laws shall, on conviction by a magistrate, be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees, and if the breach is continuing breach, with further fine of ten rupees for every day after the first during which the breach continues.
All bye-laws relating to cycle rickshaws in force in the municipalities immediately before the commencement of these bye-laws shall stand repealed :

Provided that any order made or action taken under the bye-laws so repealed shall be deemed to have been made or taken under corresponding provisions of these bye-laws.

Form A

[See Bye-law 13(1)]

Application for owner's licence

The Licensing Officer,

_____________________

The applicant submits that he may be granted a licence for a cycle rickshaw for plying on hire/for private use to carry load/passengers in _____

The necessary particulars are given below :-

Name of the owner _______________________
Father's name____________________________
Occupation______________________________
Full address_____________________________
Dimensions :-

(a) Width (3' - 6") _________________________

(b) Length (8') ____________________________

(d) Depth of seat (1' - 6")

(e) Leg room (1' - 9")_______________________

(f) Height of hood (3' - 2")___________________

Year/Quarter for which original licence/renewal of licence is applied.
(i) Amount and number of the receipt with which licence fee is deposited.

(ii) Date of receipt.

(iii) Receipt Book No.

An application for grant of a licence to own and drive a public rickshaw shall be accompanied by an affidavit that the applicant is the full owner of the rickshaw for which the licence is applied for.

Dated __________________

Signature or thumb-impression of the applicant

(For Office Use Only)

Report of Licence Inspector

Specifications checked and found fit for licence.

Date ________________

Licence Inspector

I have checked the cash receipt and found the information as at column 7 above to be correct.

Dated ________________

Licence Clerk

Licence be granted.

Licensing Officer, Municipal Committee.

I have received the licence, number plate and the fare list.

Date ______________

Signature or thumb impression of the applicant

Form B

[See Bye-law 13(2)]

Application for driver's licence

The Licensing Officer,

____________________

The applicant submits that he may be granted a licence to drive or propel rickshaw in ______

The necessary particulars are given below :-

Name
Father's name
Local full address
Permanent home address
Age
The following documents are attached herewith :-

(i) A certificate from a registered medical practitioner certifying as to age, physical fitness and identification marks.

(ii) Three 2½" x 3" size prints of the photograph of the applicant.

(i) amount and No. of the receipt with which licence fee is deposited.

(ii) Date of receipt.

(iii) Receipt Book No.

Dated _____________

Signatures or thumb impression of the applicant

(For Office Use Only)

I, S.H.O., Police, is requested to verify antecedents of the applicant in the form given below:-

Licensing Officer

Verification by Police

Certified that the applicant Shri___________son of Shri___________ of village/town_______________district _______bears a good moral character and have never been convicted of an offence involving moral turpitude. He is suitable in all respects to be given a rickshaw driving licence.

Station House Officer

Dated ________________	Police Station____________
Tehsil ________________	District_________________

I have checked the documents as at column 6 above and also checked the cash receipt and found the information as at column 7 above to be correct.

Dated_________________

Licence Clerk

Licence be granted.

Licensing Officer

I have received the licence and the badge.

Dated________________

Signatures or thumb-impression of the applicant

Form C

[See Bye-law 15]

Driver's Licence

PHOTO OF THE LICENSEE

Signature or thumb-impression of the licensee

Office of the Municipal Committee ____________

Dated the ___________________19

Shri ____son of____resident of ____is authorised to drive or propel a rickshaw for private use within the limits of _____from the ____ day of ___19 __ to the ______day of ____19 __.

Description of Licensee

Name

Father's name

Occupation

Address

Remarks

Signatures of the Licensing Officer

Form D

[See Bye-law 15]

Owner is License

Office of the Municipal Committee ______________

Dated the ______________19