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The Motor Vehicles Ordinance, 1983

( Ordinance NO. LV OF 1983 )

এই অধ্যাদেশ সড়ক পরিবহণ আইন, ২০১ (২০১সনের ৪৭ নং আইন) দ্বারা রহিত করা হইয়াছে

Chapter III

LICENSING OF CONDUCTORS OF STAGE CARRIAGE OR CONTRACT CARRIAGE

Necessity for conductor’s licence
23. (1) No person shall act as a conductor of a stage carriage or contract carriage unless he holds an effective conductor's licence issued to him authorising him to act as such conductor; and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage or contract carriage.
 
 
 
 
(2) The 1[Authority] may prescribe conditions subject to which sub section (1) shall not apply to a driver of a stage carriage or a contract carriage performing the functions of a conductor or to a person employed to act as a conductor on probation with a conductor's licence for a period not exceeding one month.
Grant of conductor’s licence
24. (1) Any person who is not disquali¬fied under section 25 and who is not for the time being disqualified for holding or obtaining a conductor's licence may apply to the licensing authority having jurisdiction in the area, in which he ordinarily resides or carries on business, for the issuance to him of a conductor's licence.
 
 
 
 
(2) Every application under sub section (1) shall be in such form as may be prescribed and be signed by, or bear the thumb impression of, the applicant in two places and shall contain the information required by the form.
 
 
 
 
(3) Every application for a conductor's licence shall be accompanied by a medical certificate in such form as may be prescribed, signed by a registered medical practitioner and shall also be accompanied by three clear copies of recent photograph of the applicant.
 
 
 
 
(4) A conductor's licence issued under this Chapter shall be in such form and contain such particulars as may be prescribed.
 
 
 
 
(5) The fee for conductor's licence and for the renewal thereof shall be one-half of that for a driving licence.
 
 
(6) No licensing authority shall issue a conductor's licence to the applicant if he previously held a conductor's licence issued under this Ordinance unless it is satisfied that there are good reasons for his inability to obtain a duplicate copy of his former conductor's licence.
Disqualification for the grant of conductor’s licence
25. (1) No person under the age of eighteen years shall hold, or be granted, a conductor's licence.
 
 
 
 
(2) The licensing authority may refuse to grant a conductor's licence-
 
 
 
 
(a) if the applicant does not possess the requisite qualifications;
 
 
 
 
(b) if his knowledge of the provisions of the Ordinance and of the 2[regulations] and of the duties and powers of a conductor thereunder is inadequate to enable him to perform the duties of a conductor;
 
 
 
 
(c) if the medical certificate produced by the applicant discloses that he is unfit to act as a conductor;
 
 
 
 
(d) if any previous conductor's licence or driving licence held by the applicant was revoked; and
 
 
 
 
(e) if the character or physique or conduct of the applicant is such as to render him an unsuitable person to hold a conductor's licence.
Revocation of a conductor’s licence on ground of diseases or disability or misconduct
26. (1) A conductor's licence may at any time be revoked by any licensing authority or any Transport Committee constituted under Chapter V or any other prescribed authority:-
 
 
 
 
(a) if the authority has reasonable grounds to believe that the holder of the conductor's licence is suffering from any disease or disability which is likely to render him unfit to hold such conductor's licence.
 
 
 
 
(b) if the character or conduct of the person is such as to render him an unsuitable person to hold a conductor's licence.
 
 
 
 
(2) Where the authority revoking a conductor's licence is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that conductor's licence.
Order refusing, etc., conductor’s licence and appeals therefrom
27. (1) Where a licensing authority or other authority refuses to issue or renew, or revokes any conductor's licence, it shall do so by an order communicated to the applicant or the holder of conductor's licence, as the case may be, giving the reasons in writing for such refusal or revocation.
 
 
 
 
(2) 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 making the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority making the order.
Power of licensing authority and Transport Committee to disqualify
28. (1) If any licensing authority or any Transport Committee constituted under Chapter V or any other prescribed authority is of opinion that it is necessary to disqualify the holder of a conductor's licence for holding or obtaining such a conductor's licence on account of his conduct as a conductor, it may, for reasons to be recorded in writing, make an order disqualifying that person for a specified period for holding or obtaining a conductor's licence.
 
 
 
 
(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 conductor's licence has not already been surrendered, and the authority shall keep the conductor's 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 conductor's 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 making the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority making the order.
Power of the Court to disqualify
29. (1) Where any person holding a conductor's licence is convicted of an offence under this Ordinance, 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 licence.
 
 
 
 
(2) The Court, to which an appeal lies from any conviction of an offence of the nature specified in sub section (1), may set aside or vary any order of disqualification made by the Court below, 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.
Certain provisions of Chapter II to apply to conductor’s licence
30. The provisions of sub section (2) of section 6, sub section (1) of section 10, section 11, section 12 except sub section (2), section 19, sub section (1) of section 20 and section 21 shall, so far as may be, apply in relation to a conductor's licence, as they apply in relation to a professional driving licence.
Power to make 3[regulations]
31. (1) The 4[Authority may make regulations] for the purpose of carrying into effect the provisions of this Chapter.
 
 
 
 
(2) Without generality of the foregoing power, such 5[regulations] may provide for,-
 
 
 
 
(a) the appointment, jurisdiction, control and functions of licensing authorities and their supervisory authorities and other prescribed authorities;
 
 
 
 
(b) the conditions subject to which drivers of stage carriages or contract carriages and persons temporarily employed (on probation) may be exempted from the provisions of this Chapter;
 
 
(c) the form of application for conductor's licence or for renewal of such conductor's licences and the particulars it may contain;
 
 
 
 
(d) the forms in which conductor's licence may be issued or renewed and the particulars it may contain;
 
 
 
 
(e) the minimum qualification of conductors, their duties and the conduct of persons to whom conductor's licence are issued;
 
 
 
 
(f) the issue of duplicate conductor's licence to replace licences lost, destroyed or mutilated, the replacement of photograph which have become obsolete and the fees to be charged therefore;
 
 
 
 
(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;
 
 
 
 
(h) the badges and uniform to be worn by conductors of stage carriages or contract carriages and the fees to be paid in respect of such uniforms and badges;
 
 
 
 
(i) the granting by registered medical practitioners of the certificate referred to sub section (3) of section 24 and the form of such certificates;
 
 
 
 
(j) the communication of particulars of conductor's licence from one authority to other authorities; and
 
 
 
 
(k) any other matter which is to be or may be prescribed.

  • 1
    The word “Authority” was substituted for the word “Government” by section 9 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)
  • 2
    The word “regulations” was substituted for the word “rules” by section 10 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)
  • 3
    The word “regulations” was substituted for the word “rules” by section 11 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)
  • 4
    The words “Authority may make regulations” were substituted for the words “Government may make rules” by section 11 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)
  • 5
    The word “regulations” was substituted for the word “rules” by section 11 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)
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Ministry of Law, Justice and Parliamentary Affairs