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MVA, 1988
Start Practicing
MVAChapter IIISection 35
Section35

Power of Court to disqualify

AI Assist

Summary

If a person holding a conductor’s license is convicted under the Act, the convicting court may also declare that person disqualified from holding a conductor’s license for whatever period the court specifies. This disqualification is in addition to any other punishment the court imposes. An appellate court can set aside or vary any disqualification order, even if no appeal lies against the conviction itself.

Example

Priya is a bus conductor with a conductor’s license. After being convicted for a traffic offence under the Act, the court disqualifies her from holding a conductor’s license for one year in addition to a fine. She appeals and the appellate court shortens the disqualification period.

Bare Act

Enacted text

(1) Where any person holding a conductor’s license 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 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.

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III

Chapter III

Licensing of Conductors of Stage Carriages

In this chapter

  • 29Necessity for conductor’s license
  • 30Grant of conductor’s license
  • 31Disqualifications for the grant of conductor’s license
  • 32Revocation of a conductor’s license on grounds of disease or disability
  • 33Orders refusing etc., conductor’s licenses and appeals therefrom
  • 34Power of licensing authority to disqualify
  • 35Power of Court to disqualify
  • 36Certain provisions of Chapter II to apply to conductor’s license
  • 37Savings
  • 38Power of State Government to make rules
Previous · Section 34Power of licensing authority to disqualifyNext · Section 36Certain provisions of Chapter II to apply to conductor’s license