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MVA, 1988
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MVAChapter IIISection 38
Section38

Power of State Government to make rules

AI Assist

Summary

State Government may make rules to implement this Chapter, covering licensing authorities, conductor qualifications and duties, licence forms and procedures for issue, renewal and duplicates, badges and uniforms, medical certificates, recognition of out of State conductor licences, appeals and fees, and other prescribed matters. These rules let the State set detailed procedures and fees to carry the Chapter into effect.

Example

Rohan is a conductor who loses his conductor licence. Under State rules made here he applies for a duplicate, submits a recent photo and pays the prescribed fee, and the licensing authority issues a replacement licence following the State procedure.

Bare Act

Enacted text

(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 authorities 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 qualifications of conductors; their duties and functions and the conduct of persons to whom conductor’s licenses are issued;

  • (d) the form of application for conductor’s licenses or for renewal of such licenses and the particulars it may contain;

  • (e) the form in which conductor’s licenses may be issued or renewed and the particulars it may contain;

  • (f) the issue of duplicate licenses to replace licenses lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor;

  • (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:
    Provided that no fee so fixed shall exceed twenty-five rupees;

(h) the badges 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 (3) of 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) the communication of particulars of conductor’s licenses from one authority to other authorities; and

(l) any other matter which is to be, or may be, prescribed.

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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 37SavingsNext · Section 39Necessity for registration