Motor Vehicles Act Section 38 — Power of State Government to make rules
CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIAGES
Civil
Summary
Sub-section (1) gives the State Government the power to make rules to carry out the provisions of this Chapter.
Sub-section (2) lists the specific matters for which such rules may be made, without limiting the general power in sub-section (1).
Under clause (a), rules may cover the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities under this Chapter.
Under clause (b), rules may set the conditions under which drivers of stage carriages acting as conductors, and persons temporarily employed as conductors, may be exempted from the provisions of sub-section (1) of section 29.
Under clause (c), rules may specify the minimum educational qualifications of conductors, their duties and functions, and the conduct of persons to whom conductor's licences are issued.
Under clause (d), rules may prescribe the form of application for conductor's licences or their renewal, and the particulars the application may contain.
Under clause (e), rules may prescribe the form in which conductor's licences may be issued or renewed, and the particulars they may contain.
Under clause (f), rules may cover the issue of duplicate licences to replace lost, destroyed or mutilated licences, the replacement of obsolete photographs, and the fees to be charged for these.
Under clause (g), rules may cover the conduct and hearing of appeals under this Chapter, the fees to be paid for such appeals, and the refund of such fees. However, no fee fixed under this clause shall exceed twenty-five rupees.
Under clause (h), rules may prescribe the badges and uniform to be worn by conductors of stage carriages, and the fees to be paid for such badges.
Under clause (i), rules may cover the grant of certificates referred to in sub-section (3) of section 30 by registered medical practitioners, and the form of such certificates.
Under clause (j), rules may set the conditions and the extent to which a conductor's licence issued in another State shall be effective in the State.
Under clause (k), rules may cover the communication of particulars of conductor's licences from one authority to other authorities.
Under clause (l), rules may cover any other matter which is to be, or may be, prescribed.
Official Text
(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities under this Chapter;
(b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may be exempted from the provisions of sub-section (1) of section 29;
(c) the minimum educational qualifications of conductors; their duties and functions and the conduct of persons to whom conductor’s licences are issued;
(d) the form of application for conductor’s licences or for renewal of such licences and the particulars it may contain;
(e) the form in which conductor’s licences may be issued or renewed and the particulars it may contain;
(f) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor;
(g) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees:
Provided that no fee so fixed shall exceed twenty-five rupees;
(h) the badges and uniform to be worn by conductors of stage carriages and the fees to be paid in respect of such badges;
(i) the grant of the certificates referred to in sub-section (3) of section 30 by registered medical practitioners and the form of such certificates;
(j) the conditions subject to which, and the extent to which, a conductor’s licence issued in another State shall be effective in the State;
(k) the communication of particulars of conductor’s licences from one authority to other authorities; and
(l) any other matter which is to be, or may be, prescribed.