(1) Notwithstanding anything contained in section 337 or any other
provision of this Act or any other law for the time being in force,
the State Government may, for the purpose of preservation of
human health or the safety or convenience of the public in public
places and streets or the amelioration of rickshaw pullers, by
regulation provide for regulating (with a view to gradually
abolishing) or prohibiting, the plying, use of drawing of rickshaw
in streets and public places and to regulate the hours of work of
rickshaw pullers-
(2) In particular and without prejudice to the generality of
the foregoing power, such regulation may-
(a) prescribe the date on and after which rickshaw shall
not be plied, driven or used in streets and public
places;
(b) provide that no new licences shall be granted to
rickshaw and rickshaw pullers;
(c) provide for the grant and renewal of licences of
rickshaw and rickshaw pullers subject to condition
that a licence of a rickshaw shall be granted or
renewed only in the name of the puller;
(d) provide for authorising any officer or authority to
limit, from time to time, the number of rickshaws for
which licences may be granted or renewed in any area
having regard to the adequacy of public conveyance
of the same or any other class operating or likely to
operate in the area in near future, or to the safety or
convenience of the puller in the light of traffic
conditions in the area;
(e) prescribe the maximum life period of a rickshaw after
expiry whereof it shall not be permitted to be plied;
(f) prescribe the manner in which the number of
rickshaws or rickshaw pullers may be gradually
reduced and the principles to be followed in effecting
such reduction;
(g) prescribe the terms of the grant and renewal of licence
of rickshaw and rickshaw pullers;
(h) prescribe the fee, payable for licences to be granted or
renewed under this section;
(i) prescribe the size and design of the rickshaw and the
condition for grant or renewal of licences;
(j) prescribe the standard or physical fitness, with special
reference to permissible age limits for rickshaw
pullers;
(k) prescribe the fees to be paid by rickshaw pullers for
medical examination;
(l) prescribe the office or authority to which and the
matter in respect of which appeals shall lie;
(m) provide for disinfections of rickshaws;
(n) prescribe the penalties for the violation of any of the
rules by the owner of the rickshaw or the puller or
driver of the rickshaw;
(o) prescribe the maximum number of passengers or load
or both which can be carried at any one time in a
rickshaw;
(p) specify the offence for contravening any regulations
and the class of Magistrate by whom the offences
against the regulations shall be taken cognizance of;
and
(q) prescribe supplementary and incidental provisions
including seizure of a rickshaw in respect of which an
offence under this Act has been or is being
committed.
(3) The power to make regulations under this section is
subject to the condition of the regulation being made after previous
publication.
Explanation-I.- For the purpose of this section, a rickshaw
means a cycle- rickshaw commonly so-called, or a wheeled vehicle
which is fixed or attached to a cycle drawn or pulled by human
force and used as a conveyance for passengers and goods and
includes a cycle-rickshaw cart but does not include-
(a) a perambulator,
(b) a wheeled vehicle used for the carriage of an
invalid person, and
(c) such classes of wheeled vehicles used for the
carriage of goods as may be prescribed.
Explanation-II.- For the purpose of clause (c) of subsection (2), the expression puller shall mean a person who earns
his livelihood mainly by personally driving rickshaw.
(4) All regulations made under this Act shall be laid, as
soon as may be, after they are so made, before the House of the
State Legislature, while it is in session, for a period of not less than
fourteen days which may be comprised in one session or in two
successive sessions and, if before the expiry of the session in
which they are so laid or of the session immediately following, the
House of the State Legislature makes any modification in any of
such regulations or resolves that any such regulations should not be
made, such regulations shall, thereafter, have effect only in such
modified form or be of no effect, as the case may be, so, however,
that any such modification or annulment shall be without prejudice
to the validity of anything previously done thereunder.
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