CHAPTER III
LICENSING OF CONDUCTORS OF STAGE CARRIAGES
29. Necessity for conductors license,- (1) No person shall act as a act as a conductor of a stage carriage unless he holds an effective license issued to him authorizing him to act such conductor; and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage.
(2) A State Government may prescribe the conditions subject to which sub-section (1) shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act as conductor for a period not exceeding one month.
30. Grant of conductor's license,- (1) Any person who possesses minimum educational qualification as may be prescribed by the State Government and is not disqualified under sub-section (1) or section 31 and who is not for the time being disqualified for holding or obtaining conductor's license may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business for the issue to him a conductor's license.
(2) Every application under sub-section (1) shall be in such form and shall contain such information as may be prescribed.
(3) Every application for a conductor's license shall be accompanied by a medical certificate in such form as may be prescribed, signed by a registered medical practitioner and shall be accompanied by two clear copies of a recent photograph of he applicant.
(4) A conductor's license issued under this Chapter shall be effective throughout the State in which it is issued.
(5) The fee for a conductor's license and each renewal thereof on half of that for a driving license.
31. Disqualifications for the grant of conductor's license,- (1) No person under the age of eighteen years shall hold, or be granted, a conductor's license.
(2) The licensing authority may refuse to issue a conductor's license-
(a) if the applicant does not possess the minimum educational qualification;
(b) if the medical certificate produced by the applicant discloses that he is physically unfit to act as a conductor; and
(c) if any previous conductor's license held by the applicant was revoked.
32. Revocation of a conductor's license on grounds of disease or disability,- A conductor's license may at any time be revoked by any licensing authority if that authority has reasonable ground to believe that the holder of the license is suffering from any disease or disability which is likely to render him permanently unfit o hold such a license and where the authority revoking a conductor's license is not the authority which issued the same, it shall intimate the fact of such revocation to the authority which issued the license:
Provided that before revoking any license, the licensing authority shall give the person holding such license a reasonable opportunity of being heard.
33. Orders refusing etc. conductor's license and appeals,- (1) Where a licensing authority refuses to issue of renew, or revokes any conductor;s license, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal.or revocation.
(2) 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 license is convicted of any offence under this Act, the Court by which such person is convicted may, in addition to imposing any other punishment authorized by law, declare the person so convicted to be disqualified for such period as the Court may specify for holding a conductor's license.
(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 license,- The provisions of sub-section (2) of section 6, sections 14, 15 and 23, section 24 and section 25 shall, so far as may be apply in relation to a conductor's license, as they apply in relation to a driving license.
37. Savings,- If any license 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, not withstanding such commencement,for the period for which it would have been effective, if this Act had not been passed, and every such license shall be deemed to to be a license issued under this Chapter as if this Chapter had been in force on the date on which that license was granted.
36. 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 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 qualification of a conductors, their duties and functions and the conduct of persons to whom conductor's license are issued;
(d) the form of application for conductor's license or fro renewal of such licenses and the particulars it
may contain;
(e) the form in which conductor's license may be issued or renewed and the particulars it may contain
(f) the issue of duplicate license to replace the licenses lost, destroyed or mutilated, the replacement of photographs which have become obsolete and fees to be charged therefore;
(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;
(h) the badge 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 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 license issued in another State shall be effective in the State;
(k) communication of particulars of conductor's license from one authority to other authorities; and
(l) any other matter which is to be, or may, prescribed.
32. Revocation of a conductor's license on grounds of disease or disability,- A conductor's license may at any time be revoked by any licensing authority if that authority has reasonable ground to believe that the holder of the license is suffering from any disease or disability which is likely to render him permanently unfit o hold such a license and where the authority revoking a conductor's license is not the authority which issued the same, it shall intimate the fact of such revocation to the authority which issued the license:
Provided that before revoking any license, the licensing authority shall give the person holding such license a reasonable opportunity of being heard.
33. Orders refusing etc. conductor's license and appeals,- (1) Where a licensing authority refuses to issue of renew, or revokes any conductor;s license, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal.or revocation.
(2) 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 license is convicted of any offence under this Act, the Court by which such person is convicted may, in addition to imposing any other punishment authorized by law, declare the person so convicted to be disqualified for such period as the Court may specify for holding a conductor's license.
(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 license,- The provisions of sub-section (2) of section 6, sections 14, 15 and 23, section 24 and section 25 shall, so far as may be apply in relation to a conductor's license, as they apply in relation to a driving license.
37. Savings,- If any license 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, not withstanding such commencement,for the period for which it would have been effective, if this Act had not been passed, and every such license shall be deemed to to be a license issued under this Chapter as if this Chapter had been in force on the date on which that license was granted.
36. 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 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 qualification of a conductors, their duties and functions and the conduct of persons to whom conductor's license are issued;
(d) the form of application for conductor's license or fro renewal of such licenses and the particulars it
may contain;
(e) the form in which conductor's license may be issued or renewed and the particulars it may contain
(f) the issue of duplicate license to replace the licenses lost, destroyed or mutilated, the replacement of photographs which have become obsolete and fees to be charged therefore;
(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;
(h) the badge 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 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 license issued in another State shall be effective in the State;
(k) communication of particulars of conductor's license from one authority to other authorities; and
(l) any other matter which is to be, or may, prescribed.
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