Page 42 - The Motor Vehicles Act, 1988

28 THE MOTOR VEHICLES ACT, 1988 SECTION 38

(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.
35. Power of court to disqualify
(1) Where any person holding a conductor’s licence is convicted of an offence
under this Act, the court by which such person is convicted may, in addition to imposing
any other punishment authorised by law, declare the person so convicted to be
disqualified for such period as the court may specify for holding a conductor’s licence.
(2) The Court to which an appeal lies from any conviction of an offence under this
Act may set aside or vary any order of disqualification made by the court below, and
the Court to which appeals ordinarily lie from such Court, may set aside or vary any
order of disqualification made by that court, notwithstanding that no appeal lies against
the conviction in connection with which such order was made.
36. Certain provisions of Chapter II to apply to conductor’s licence
The provisions of sub-section (2) of section 6, sections 14, 15 and 23, sub-section
(1) of section 24 and section 25 shall, so far as may be, apply in relation to a conductor’s
licence, as they apply in relation to a driving licence.
37. Saving
If any licence to act as a conductor of a stage carriage (by whatever name called)
has been issued in any State and is effective immediately before the commencement of
this Act, it shall continue to be effective, notwithstanding such commencement, for the
period for which it would have been effective, if this Act had not been passed, and
every such licence shall be deemed to be a licence issued under this Chapter as if this
Chapter has been in force on the date on which that licence was granted.
38. Power of State Government to make rules
(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;