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Section 338: Power of State Government to make regulations

Rajasthan Municipalities Act, 2009State Rules of Rajasthan · 2009

(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 dis infections 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 sub-Section (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.

Where this provision sits

ActRajasthan Municipalities Act, 2009
Section338
Marginal notePower of State Government to make regulations
JurisdictionState of Rajasthan
StatusIn force as published by the source

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