Motor Vehicles Act Section 34 — Power of licensing authority to disqualify
CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIAGES
Civil
Summary
Sub-section (1) lets a licensing authority disqualify a person from holding or getting a conductor's licence if it believes this is necessary because of the person's past conduct as a conductor. The disqualification can be for a specific period, but not more than one year, and the authority must record its reasons for the order. Before making such an order, the authority must give the licence holder a reasonable chance to be heard.
Sub-section (2) requires the licence holder to immediately hand over the conductor's licence to the authority that made the disqualification order, if it has not already been surrendered. The authority must keep the licence until the disqualification period ends or is removed.
Sub-section (3) states that if the authority making the disqualification order is not the same authority that issued the licence, it must inform the issuing authority about the disqualification.
Sub-section (4) gives a person who is unhappy with a disqualification order the right to appeal to the prescribed authority within thirty days of receiving the order. The appellate authority must decide the appeal after giving both the person and the authority that made the order a chance to be heard, and its decision is binding on the authority that made the original order.
Official Text
(1) If any licensing authority is of opinion that it is necessary to disqualify the holder of a conductor’s licence for holding or obtaining such a licence on account of his previous conduct as a conductor, it may, for reasons to be recorded, make an order disqualifying that person for a specified period, not exceeding one year, for holding or obtaining a conductor’s licence:
Provided that before disqualifying the holder of a licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard.
(2) Upon the issue of any such order, the holder of the conductor’s licence shall forthwith surrender the licence to the authority making the order, if the licence has not already been surrendered, and the authority shall keep the licence until the disqualification has expired or has been removed.
(3) Where the authority disqualifying the holder of a conductor’s licence under this section is not the authority which issued the licence, it shall intimate the fact of such disqualification to the authority which issued the same.
(4) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order.