Contract for higher fare invalid

No agreement made with the driver of any hackney carriage for the payment of more than the fare published in accordance with section 34 shall be binding on the person making the same, and any person, notwithstanding such agreement, may refuse on discharging such hackney carriage to pay any sum beyond such fare. If, in pursuance of such agreement, any person receives any sum exceeding the fare allowed, he shall be liable to a fine not exceeding ten rupees and also to refund such excess, which shall be recoverable as if it were a fine.