The Stage-Carriages Act, 1861
Act No. XVI of 1861
Date of Assent: 7th July, 1861
Status: Active
Preamble
An Act for licensing and regulating Stage-Carriages
WHEREAS it is expedient to license and to regulate stage-carriages in Bangladesh; It is enacted as follows:
Short Title and Definitions
Section 1 - Definition of Stage-Carriage
Every carriage drawn by one or more horses which shall ordinarily be used for the purpose of conveying passengers for hire to or from any place in Bangladesh shall, without regard to the form or construction of such carriage, be deemed to be a stage-carriage within the meaning of this Act.
Licensing Requirements
Section 2 - Carriages to be Licensed
No carriage shall be used as a stage-carriage unless licensed by a Magistrate.
Section 3 - Power to Refuse License
The Magistrate to whom the application for a license of stage-carriage is made may refuse to license the same if he shall be of opinion that such stage-carriage is unserviceable or is unsafe or unfit for public accommodation or use.
Section 4 - Particulars of License
If a Magistrate grants a license, the license shall set forth: - The number thereof - The name and residence of the proprietor of the stage-carriage - The place at which his head office is held - The largest number of passengers and the greatest weight of luggage to be carried - The number of horses by which such carriage is to be drawn - The name of the place at which such carriage is licensed
Section 5 - Charge for and Duration of License
For every such license there shall be paid by the proprietor of the stage-carriage the sum of five taka or such less sum as the Government may fix, and such license shall be in force for one year from the date thereof.
Requirements and Penalties
Section 6 - Particulars to be Painted on Carriage
On any stage-carriage being licensed the proprietor thereof shall cause the number of the license and all the other particulars of the license to be distinctly painted in the Bengali language and character upon a conspicuous part of such stage-carriage.
Section 7 - Penalty for Letting Carriage Without Having Particulars Painted
The proprietor of any licensed stage-carriage who shall let such stage-carriage for hire without the particulars specified in section 3 being painted on such carriage shall be liable to a fine not exceeding one hundred taka.
Section 8 - Penalty for Letting for Hire Unlicensed Carriage
Whoever lets for hire any stage-carriage without the same being licensed as provided by this Act, shall be liable, on a first conviction, to a fine not exceeding one hundred taka, and on any subsequent conviction, to a fine which may extend to five hundred taka.
Section 9 - Penalty for Overloading or Using Fewer Animals
Any proprietor, or agent of a proprietor, or any driver of a licensed stage-carriage, who knowingly permits such carriage to be drawn by a less number of horses, or who knowingly permits a larger number of passengers, or a greater weight of luggage, to be carried by such stage-carriage than shall be provided by the license, shall be liable on a first conviction to a fine not exceeding one hundred taka and on any subsequent conviction, to a fine which may extend to five hundred taka.
Section 10 - Penalty for Ill-treating Animals
Any person who shall cruelly beat, ill-treat, over-drive, abuse, torture or cause or procure to be cruelly beaten, ill-treated, over-driven, abused or tortured, any horse employed in drawing or harnessed to any stage-carriage shall for every such offence be liable to a fine not exceeding one hundred taka.
Administrative Provisions
Section 11 - Revocation of License
Any Magistrate within the local limits of whose jurisdiction any stage-carriage shall ply, or who has granted the license of any stage-carriage may cancel the license of such stage-carriage if it appears to him that such stage-carriage or any horse or any harness used with such carriage is unserviceable or unsafe or otherwise unfit for public accommodation or use.
Section 22 - Power to Make Rules
The Government may, by notification in the official Gazette, make rules to carry out the purposes and objects of this Act, including: - Prescribing forms for licenses and conditions for granting them - Providing for inspection of stage-carriages and animals - Regulating the number and length of stages for which animals may be driven
Historical Context
This Act was enacted to regulate the stage-carriage transportation system during the British colonial period, establishing licensing requirements and safety standards for passenger transportation.
Current Application
This Act continues to provide the legal framework for regulating certain aspects of passenger transportation in Bangladesh, though modern transportation laws have largely superseded many of its provisions.
Source: Bangladesh Laws - Ministry of Law, Justice and Parliamentary Affairs
Available at: http://bdlaws.minlaw.gov.bd/act-details-13.html