The Motor Vehicles Act, 1988
34. Power
of licensing authority to disqualify.
- 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.
- 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.
- 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.
- 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.