(1) The 35[State Government] 36[* * * *] may by notification in the 33[Official Gazette] extend this Act or any specified provisions thereof to any area within 37[its] 38[* *] 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 35[State Government] 39[* * * * * *],-
(a) shall 40[where no Commissioner of Police has been appointed] by notification appoint some person to perform the functions assigned by this Act to the Commissioner of Police, and Licensee may be required to produce driver.
Penalty.
Refusal to pay fare.
Disposal of property;
penalty.
Rules.
Extension of Act.
The Bombay Public Conveyances Act, 1920 1920 : Bom .VII ] 14 of 16
(b) may by notification direct that any particular Magistrates or classes of Magistrates shall exercise jurisdiction under this Act, and 41[(c) may by notification direct that any class of vehicles shall be exempt from all or any of the provisions of this Act.]
(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 comining into effect.
42[ * * * * * ]
(4) When this Act or any portion thereof is extended to any area the powers of fixing fees and of appointing 43[and abolishing] stands and of making rules shall be exercised subject to the approval of the 44[State Government] 45[* **] 46[ * * * * *] 47[37. The 48[ 49[State] Government], or in any area to which this Act or any specified provisions thereof have been extended under section 36 the 50[State Government] 51[******] may, by notification in the 52[Official Gazette], 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. All powers conferred by this Act may be exercised from time to time as occasion requires.
53[39. 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 Power to apply or adapt certain provisions to vehicles not used for the purpose of plying for hire.
Powers may be exercised from time to time.
Repeal and saving.
Bom.
LXX-XVI of Bom. VII of
1920.
XIV of 1879.
Hyd. Act XXX.
IX of 1956.
Bom. VII of
1920.
The Bombay Public Conveyances Act, 1920 1920 : Bom .VII ] 15 of 16 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 than been in force].
---------------------- 1 For Statement of objects and Ressons see Bombay Government Gazette, 1919, Part V, page 945;
for Report of Select Committee, see ibid., 1920, Part V, page 51; and for Proceedings in Council, see ibid., 1919. Part V, page 1092, ibid., 1920, page 265.
+ Sections 1, 36, 38 and 39 of this Act were extended to that part of the State of Bombay to which immediately before the commencement of this Act they did not extend (vide Bom. 86 of 1958, s. 2).
∗ This Act was repealed and section 2 thereof was re-enacted by Bom. 18 of 1948, s. 2.
§ This Act has been re-enacted and the amendments made by section 9 and Sch. E of the said Act have been continued in force by Bom. 52 of 1947, s. 2.
2 This preamble was substituted for the original by Bom. 18 of 1948, s. 3.
3 These words were substituted for the words "pre-Reorganisation State of Bombay, excluding the transferred territories" by Bom. 86 of 1958, s. 3 (i) (a).
4 These words were substituted for the words "State of Bombay" by Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
5 The words "The rest of the Act" to "Greater Bombay" were deleted by Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
6 This proviso was added by Bom. 86 of 1958, s. 3 (i) (b).
7 Clause (a) was substituted for the original by Bom. 56 of 1959, s. 3, Schedule.
8 Sub-clause (i) was deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
9 The word "other" was deleted, by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
10 This clause was substituted for the original by Bom. 18 of 1943, s. 2, read with Bom. 18 of 1948, s. 2.
11 Clause (c) was substituted for the original by Bom. 7 of 1928, s. 2.
12 This sub-section was added by Bom. 86 of 1958, s. 3(ii).
13 This sub-section was inserted by Bom. 18 of 1948, s. 4.
14 Section 5A was inserted by Guj. 41 of 1963, s. 2.
15 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" by Bom. 7 of 1928, s. 3.
16 This sub-section (5) was added, by Bom. 7 of 1928, s. 4.
17 These words were substituted for the word "shall", by Bom. 7 of 1928, s. 5.
18 These words were inserted by Bom. 2 of 1924, s. 2.
19 Section 16A was inserted by Bom. 7 of 1928, s. 6.
20 These words were substituted for the words "Greater Bombay" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
21 The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.
22 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
23 These words were added by Bom. 7 of 1928, s. 7.
24 Section 22 was substituted for the original by Guj. 41 of 1963, s. 3.
25 These words were substituted for the words "without a badge granted to him by the Commissioner of Police or when acting as such driver, shall fail to wear such badge." by Bom. 7 of 1928, s. 8 (a).
26 The words "if any" were inserted, by Bom. 7 of 1928, s. 8 (b).
27 The words and figures "section 8 or section 11" were substituted for the word and figures "section 11", by Bom. 7 of 1928.
28 Cause (bb) was inserted by Bom. 7 of 1928. s. 9.
29 These words were substituted for the original by Bom. 17 of 1945, s. 9 and Schedule E, read with Bom. 52 of 1947, s. 2, proviso.
30 These words were substituted for the words "nearest police officer of rank not below that of inspector" by Bom. 7 of 1928, s. 10.
31 These words were substituted for the original by Bom. 17 of 1945. s. 9 and Schedule E, read with Bom. 52 of 1947, s. 5, proviso.
32 Sub-section (1) was substituted for the original by Bom. 7 of 1928, s. 11(a).
33 The words "Official Gazette" were substituted for the words "Bombay Government Gazette" by the Adaptation of Indian Laws Order in Council.
The Bombay Public Conveyances Act, 1920 1920 : Bom .VII ] 16 of 16 34 Sub-section (3) was inserted by Bom. 7 of 1928, s. 11 (b).
35 These words were substituted for the word "Commissioner" by Guj. 15 of 1964, s. 4 Schedule.
36 The words "or the Commissioner of a division" were deleted by Bom. 28 of 1950, Sch.
37 This word was substituted for the word "his" by Guj. 15 of 1964, s. 4 Sch.
38 The words "or his" were deleted by Bom. 28 of 1950, Sch.
39 The words "or the Commissioner of the division, as the case may be" were deleted, by Guj. 28 of
1950.
40 These words were inserted by Bom. 56 of 1959, s. 3, Sch.
41 Clause (c) was substituted for the original clause by Bom. 7 of 1928, s. 12 (a).
42 Sub-section (3A) was omitted by Gujarat Adaptation of Laws Order, 1960.
43 These words were inserted by Bom. 7 of 1928, s. 12 (c).
44 These words were substituted for the word "Commissioner" by Guj. 15 of 1964, s. 4 Schedule.
45 The words "or the Commissioner of the division, as the case may be" were deleted, by Guj. 15 of
1964.
46 Sub-section (5), which was substituted for the original sub-section (5) by s. 2 of Bom. 11 of 1924, was omitted, by Guj. 15 of 1964.
47 Section 37 was substituted for the original section by Bom. 7 of 1928, s. 13.
48 The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.
49 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950, 50 These words were substituted for the word "Commissioner" by Guj. 15 of 1964, s. 4, Sch.
51 The words "or the Commissioner of the division as the case may be" were deleted by Bom. 28 of 1950, Sch.
52 The words "Official Gazette" were substituted for the words "Bombay Government Gazette," by the Adaptation of Indian Laws Order in Council.
53 This section was substituted for the original by Bom. 86 of 1958, s. 3 (iii).
∗ This words stands unmodified by the Gujarat Adaptation of Laws Order, 1960.
Bombay Act No. VII of 1920 The Bombay Public Conveyances Act, 1920