[sustran] Amendments in "The Punjab Cycle Rickshaw Act (Regulation of Licenses) 1976"

[Asija, Navdeep]

Dear All,
We are in the process of Standardizing Rickshaw (Ecocabs) Operations across
the state. As a policy matter, we have requested to the government to amend
the present Rickshaw Act. I am sharing you the abstract from the letter,
which is written by us to State Government. Honorable Punjab and Haryana
High Court after taking suo motu action on one of the Fazilka Ecocab news
item, asked government to improvise Rickshaw services in Punjab Haryana and
Chandigarh. This is going to benifit more than 6 lakhs rickshaw families
across the two states n UT. Looking forward your valuable input on the same.
Kind Regards,
Navdeep
www.ecocabs.org
=====================================

This is with reference to your office memo number 1TC/700-703 dated 6th
April 2011 regarding the Implementation of Eco friendly Rickshaw across the
Punjab state. Before implementing Ecocabs at state level, amendments in the
existing “Punjab Rickshaws (Regulation of License) Act, 1976” and other
applicable Municipal Acts, due to its present changed concept of rickshaw
operations are very much desirable. The existing Rickshaw Act does not
provide much attention towards the smooth and legal rickshaw operations like
flexibility based upon the size of the city, ownership status and financing
mechanism.

 Followings are the issues of key importance, which needs immediate
attention and amendments;

1. Upper Age Limit for Rickshaw Operations

As the present rickshaw model and system has been improvised under “Ecocab”,
but the applicable act still restrict the upper age limit for rickshaw
operations as 45. Whilst in a similar act for motor vehicles, state
specified only lower age limit of driving but flexible about upper age limit
of driving. We all understand the motor vehicle operations involved greater
risk and danger than driving cycle rickshaw, which has maximum possible
speed of 20km/hr.  It has been evident that many rickshaw operators are
driving the rickshaw with age up to 60 year plus, further cycling is a
healthy exercise which keeps you fit even in older age. Such impractical
imposition through act made the existence of many rickshaw operators
illegal, which further involved harassment to them by Police and Municipal
Authorities. The upper age limit in the act shall be linked with the medical
fitness of rickshaw driver.

2. Rickshaw Rental and Fleet operations

Municipal body can grant or renew license to an institution to be plied
through any person. But the rickshaw cannot be used for hire. The present
Act, does not allow anyone to hold more than one rickshaw. The licenses to
widows, disabled and institutions can be given based upon their needs but
maximum up to five. This means that person who is born as rickshaw puller
has to die as puller only. He cannot make further investment to buy second
rickshaw.

In Big cities, it has been observed that many migrated people operate the
rickshaw during their initial days in the city. They take rickshaw on rent
from some rickshaw fleet operators. They don’t want to own a rickshaw, as
they do not have any initial capital investment to make, permanent parking
space or permanent residence to live. Further during the off season or
festival time, they visit back their native place,  then in that case who
will take care of their rickshaw and where they will park it. Present act
does not provide any kind of flexibility for renting/handing over a rickshaw
to anyone else than owner itself.  The rickshaw driver has to be owner only.

When the owner of an airline acquires an additional fleet of planes, or a
truck owner manages to expand his fleet to several hundred vehicles, he is
celebrated as a successful entrepreneur. But when a person comes to acquire
a few dozen or a few hundred rickshaws, owner gets to be stigmatized as a
mafia don.

In a survey it has been found that In Delhi alone the terror unleashed by
the License-Quota-Raid-Raj on rickshaw-owners and pullers leads to loss of
income through bribes and confiscation of rickshaws worth Rs 200 crores per
year[1]

By enacting a law that prohibits a person from owning more than one rickshaw
and by insisting that “owner must also be puller” and present act in fact
legislated that:

A person who begins his life as a puller, must die as a puller;
The poor must remain manual laborers all their lives;
The poor are not allowed to become even petty entrepreneurs.

Further the present act itself is an unconstitutional violation of the
fundamental right under sub.cl. (g) of cl. (l) of Article 19 of the
Constitution to carry on occupation or business.  As a similar restriction
is not imposed on taxi drivers, cart load carriers, three wheeler auto
rickshaw drivers and other vehicles plying for public hire, the present
Punjab Rickshaw Act violates the fundamental rights guaranteed by Articles
14 and 16 of the Constitution.

3. Registration instead of Licensing

Instead of licensing, simple registration mechanism can be adopted like as
in the case of cars/motorcycle and other motor vehicles. Fee based
regulation of numbers is required than licensed based quotas along with
providing year round open registration system.

4. Redefining the definition of “Rickshaw Puller”

Present act specify rickshaw driver as “Rickshaw Puller”, puller was old
terminology, which is no more applicable in the three - wheeled
cycle-rickshaw driven by a manual peddle power and includes all its
components and accessories. Rickshaw puller terminology more was applicable
to the old rickshaws which were operated on two wheels and in the front a
one or two manual labour used to pull by hands. Present three wheeled cycle
rickshaw design is modified version of the same, in which human traction
power is being used as like his one of the skill, and through manual 0.25
horse power mechanical energy  generated is being used for rickshaw
running.  These peddle solider of India are no more “Puller” but a traction
men or rickshaw/Ecocab drivers. This definition needs amendment in act.

5. End to Confiscation and Destruction of Rickshaws

Airplanes are not confiscated if the owner is not piloting all or any of his
planes. Trucks, buses and taxis are not confiscated if the owners hire
others to drive them. In the case of rickshaw, as per Law Municipal
Authorities can confiscate and destruct the rickshaw instead of just booking
for fines. This needs immediate amendments in the present Act.

6. Procedure to Take Loan for Rickshaw/Ecocabs

Further clear guidelines and simplified procedure to take loan and rickshaw
from nationalized bank are required. For Each municipality it is advised to
setup one single door clearance system for the rickshaw operators, like
registration, getting medical done and other advertisement related work and
loan applications. Setting up Ecocab/Rickshaw Management Centre could be the
part of certain mandatory measures being take-up by Municipality
independently or with some NGO’s.

7. National Urban Transport Policy: Cars Vs Cycle Rickshaw

A car is an object of convenience for just the person or family that uses
the vehicle. On an average a car provides service to not more than two to
four people a day. When a car is parked it blocks road space and makes it
dead for other road users. By contrast a rickshaw carries at least 20 to 30
persons a day and is constantly on the move. Therefore, it represents
optimum utilization of road space. For a country like ours, numbers of
people transported is more important than number of vehicle transported.
Rickshaw has not been treated so far as an integral part of transport system
and recognized as a legitimate trade. Most of our urban transport
infrastructure also violates the “National Urban Transport Policy”, which
clearly says about equitable allocation of road space for people transported
than only vehicle transported. In view of the above for the smooth safe and
congestion free operations of Rickshaw/Ecocabs provisions for rickshaw
sheds, parking spaces and in the separate track for non-motorized mode of
transports are  desired to be implemented.

            Through Punjab was the pioneer state to introduce “The Punjab
Cycle Rickshaw Act” in 1976 and now also being first state to Introduce
Ecocabs in the year 2008. Punjab Rickshaw Act is being followed in most of
the Indian States and UT with little amendments.  Complete Amendment in the
act or formulation of new Punjab Ecocab Act, would surely help to promote
Punjab Ecocabs at large. Looking forward your positive and prompt action in
this regards.

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[1] Manushi Sangathan, New Delhi