[5A. Special licensing provisions in respect of cycle rickshaws, in certain areas.- (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 (C. P. and Berar II of 1950), and in such other areas 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 (Mah. XIII of 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 moto, 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.]