Power of licensing authority to disqualify
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Summary
A licensing authority may disqualify a conductor from holding or obtaining a conductor’s license for up to one year if the person’s past conduct as a conductor makes disqualification necessary. The authority must record reasons and give the person a reasonable opportunity to be heard before ordering disqualification. The license must be surrendered immediately while disqualified, and the issuing authority must be informed if a different authority made the order. The person can appeal to the prescribed authority within 30 days; that decision is binding.
Example
Ravi, a city bus conductor, faced repeated complaints about aggressive driving and misconduct. The licensing authority held a hearing, recorded reasons and disqualified him for six months; Ravi had to surrender his conductor’s license immediately and could appeal to the prescribed authority within 30 days, whose decision would bind the original authority.
Bare Act
Enacted text(1) If any licensing authority is of opinion that it is necessary to disqualify the holder of a conductor’s license for holding or obtaining such a license 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 license:
Provided that before disqualifying the holder of a license, the licensing authority shall give the person holding such license a reasonable opportunity of being heard.
(2) Upon the issue of any such order, the holder of the conductor’s license shall forthwith surrender the license to the authority making the order, if the license has not already been surrendered, and the authority shall keep the license until the disqualification has expired or has been removed.
(3) Where the authority disqualifying the holder of a conductor’s license under this section is not the authority which issued the license, 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.
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