(1) If any licensing authority is of the 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.
Simplified Explanation
Section 34 of the Motor Vehicles Act gives the licensing authority the power to disqualify an individual from holding or obtaining a conductor’s licence. This section is designed to ensure that individuals who are unfit, either due to misconduct or violations of the law, are prevented from working as conductors on public service vehicles such as buses. It allows the authority to take action against individuals whose conduct makes them unsuitable for the role.
Key Points of Section 34:
- Disqualification by Licensing Authority:
- The licensing authority has the power to disqualify a person from holding or obtaining a conductor’s licence if it is found that they are unfit to perform the duties of a conductor or have committed violations that warrant disqualification.
- Disqualification can be temporary or permanent, depending on the nature and severity of the misconduct or violations.
- Grounds for Disqualification: A person can be disqualified from holding or applying for a conductor’s licence for reasons such as:
- Misconduct: If the individual has engaged in acts of misconduct, such as misbehavior with passengers, theft, or fraud, they may be disqualified.
- Violations of Traffic Laws: Repeated violations of traffic laws or safety regulations, particularly those related to public transport services, can result in disqualification.
- Medical Unfitness: If the person develops a physical or mental condition that renders them unfit to perform the duties of a conductor, they may be disqualified, as outlined in Section 32.
- Addiction to Alcohol or Drugs: If the person is found to be addicted to alcohol or drugs, which affects their ability to work responsibly, they may be disqualified.
- Criminal Offenses: If the person has been convicted of serious criminal offenses that reflect poorly on their character, the licensing authority may disqualify them from working as a conductor.
- Duration of Disqualification:
- The period of disqualification can vary depending on the nature of the offense or violation. In some cases, the disqualification may be for a fixed period, after which the person can reapply for a licence. In more serious cases, the disqualification could be permanent.
- The authority can also impose temporary disqualification while investigations or legal proceedings are ongoing.
- Opportunity to be Heard:
- Before issuing a disqualification order, the licensing authority must give the individual an opportunity to be heard. This ensures that the person has a chance to explain or defend their actions before the decision is finalized.
- The person may present evidence or arguments to contest the disqualification, and the licensing authority will consider this information before making a final decision.
- Notification of Disqualification:
- If the licensing authority decides to disqualify an individual, the decision must be communicated in writing. The notice should include the reasons for the disqualification, the duration (if temporary), and any conditions that may apply.
- The disqualified person will be required to surrender their conductor’s licence to the licensing authority if they hold one.
- Appeal Against Disqualification:
- A person who has been disqualified by the licensing authority has the right to appeal the decision. The appeal must be made to the prescribed authority or a court within a specified period (typically 30 days).
- During the appeal process, the person can challenge the grounds for disqualification and present any evidence or arguments that may support their case.
- Reinstatement of Licence:
- After the period of disqualification has ended, the individual can apply for reinstatement of their conductor’s licence if the disqualification was temporary.
- The licensing authority may require the person to undergo certain checks, such as a medical examination or a character assessment, before reinstating the licence.
Purpose of Section 34:
- Ensuring Public Safety: This section allows the licensing authority to disqualify individuals who are unfit to work as conductors, ensuring that only responsible and capable individuals are entrusted with the safety and management of passengers on public service vehicles.
- Accountability for Misconduct: The provision serves as a disciplinary measure, holding conductors accountable for violations, misconduct, or unsafe practices by disqualifying them from continuing in their role.
- Right to Fair Hearing: By providing individuals with the opportunity to present their case before disqualification and the right to appeal the decision, this section ensures that the process is fair and transparent.
Conclusion:
Section 34 gives the licensing authority the power to disqualify individuals from holding or obtaining a conductor’s licence for reasons such as misconduct, violations of traffic laws, or medical unfitness. This section helps maintain public safety and professional standards in the public transportation sector, ensuring that only qualified and responsible individuals serve as conductors.
