LICENSING OF CONDUCTORS OF STATE CARRIAGE IN HARYANA

Application for Grant of Conductor's License in Haryana[Sections 30 and 38(2)(a)].

According to Sections 30 and 38(2)(a) An application for the grant or countersignature of a conductor's license shall be made in Form H.R. No. 7 to the licensing authority of the area of jurisdiction where the applicant resides or carries on business and shall be accompanied by:

• 1. Two clear copies of recent photographs of the applicant;
• 2. A cash receipt or a treasury challan in token of payment of fee; and
• 3. A medical certificate of fitness from a Government Medical Officer authorized by the Transport Commissioner on the recommendations of the Chief Medical Officer of the area of jurisdiction concerned for this purpose along with a certificate issued by the Saint John's Ambulance or any of its units in the State in Form H.R. No. 8.

(2) In the case of an application for the grant of a conductor's license, if the licensing authority has reason to believe that the applicant is physically unfit to perform the duties of a conductor, it may call upon him to furnish a third copy of his clear and recent photograph in addition to the photographs already furnished under sub-rule (1) and to produce another medical certificate of fitness in Form H.R. No. 9 from a Medical Board appointed by the Transport Commissioner, Haryana on the recommendations of the Chief Medical Officer of the area of jurisdiction concerned for this purpose, and the photographs so furnished should be firmly affixed with the application duly signed and sealed by the Government Medical Officer.

(3) No person shall be eligible to make application under sub-rule (1) for the grant of a conductor's license, unless he:

• 1. Is a Matriculate with Hindi as one of the subjects;
• 2. Possesses knowledge of the provisions of the Act and the rules made thereunder;
• 3. Is conversant with the duties and functions of a conductor;
• 4. Is of a sound physique; and
• 5. Gives satisfactory proof of his good character.

(4) If the application for the grant of a conductor's license is found to be in order by the licensing authority and the requirements of the provisions of Chapter III of the Act are met with, it may grant a conductor's license in Form H.R. No. 10 which shall be valid for a period of five years from the date of issue and shall be effective throughout the State.

Countersignature of Conductor's License [Section 38(2)(i)].

In Haryana a conductor's license issued by a licensing authority having jurisdiction outside the State shall not be effective in the State, unless it is countersigned under the authority of a licensing authority having jurisdiction in the State in the manner applicable for renewal of a conductor's license.

Renewal of Conductor's License [Sections 30 & 38(2)(e)].

(1) An application for renewal of a conductor's license shall be made to the licensing authority in Form H.R. No. 11 thirty days before the expiry of the license and shall be accompanied by a cash receipt or treasury challan in token of payment of fee for renewal of the license.
(2) If the licensing authority finds the application for renewal of a conductor's license in order, it may renew the same by making an entry to that effect in the license, and renewal shall be valid for a period of five years from the date of the expiry of the license; provided that if the authority renewing the license is not the authority which issued the license, the authority renewing the license shall intimate the fact of renewal to the authority which issued the license.

Liability for Producing Medical Certificate [Section 31(2)(b)].

A person who has been authorized to act as a conductor of the stage carriage before the commencement of these rules shall within a period of twelve months from the date of such commencement, produce a medical certificate from the authority specified under rule 21, failing which he shall be disqualified under Section 31 to act as a conductor.

Grant of Duplicate Conductor's License in Haryanain Haryana[Section 38(2)(f)].

If at any time a conductor's license is lost or destroyed or mutilated or the photograph affixed thereto ceases, in the opinion of the licensing authority, to be of reasonable likeness of the holder, the licensing authority shall proceed in such case in accordance with the provisions contained in rule 10 or as the case may be.

Appellate Authority [Sections 33, 34 and 38].

The appellate authority for the purpose of sub-section (2) of Section 33 and sub-section (4) of Section 34 shall be the Transport Commissioner, Additional Transport Commissioner, Additional State Transport Controller/Joint State Transport Controller.

Conduct and Hearing of Appeals [Section 38(2)(g)].

(1) An appeal under sub-section (2) of Section 33 or sub-section (4) of Section 34 shall be preferred in duplicate in the form of a memorandum, one copy of which shall bear a cash receipt/challan of rupees twenty setting forth concisely the grounds of objections to the order of the licensing authority and shall be accompanied by a certified copy of the order appealed against.
(2) When an appeal is preferred, the appellate authority shall issue a notice to the licensing authority against whose order the appeal is preferred and cause it to send the relevant record.
(3) The appellate authority may, after giving an opportunity to the parties to be heard and after such further enquiry, if any, as it may deem necessary, confirm, vary or set aside the order against which the appeal is preferred and shall make an order accordingly.
(4) Any person preferring an appeal under sub-rule (1) shall be entitled to obtain a copy of any document filed with the licensing authority in connection with the order appealed against on payment of a fee at the rate of rupees two per page.
(5) Any person preferring an appeal shall be entitled to inspect the file of the appellate authority by making an application bearing a cash receipt or a treasury challan of:

• 1. In respect of an urgent inspection, rupees ten; and
• 2. In respect of an ordinary inspection, rupees five.

(6) A copy of the order made by the appellate authority in appeal may be obtained on payment of a fee at the rate of rupees two per page.

Conductor's Badge in Haryana[Section 38(2)(h)].

(1) The conductor of a stage carriage shall display on his left breast a metal badge in the form specified in the First Schedule to these rules issued by the licensing authority, inscribed with the name of the licensing authority by whom the conductor's license is granted and the word "Conductor" together with the identification number.
(2) A conductor shall not hold more than one badge issued by a licensing authority in the State.
(3) The fee for the issue of a conductor's badge shall be rupees five, and if the badge is lost or destroyed, a duplicate badge shall be issued by the licensing authority on payment of rupees ten.
(4) If at any time a conductor is disqualified for holding a conductor's license or his license is revoked by the licensing authority or by any court or it ceases to be valid by the efflux of time, the conductor shall within seven days from such disqualification, revocation or efflux, as the case may be, surrender the badge to the authority by which it was issued.

Badge Not to be Transferred in Haryana[Section 38(2)(h)].

(1) No conductor shall lend or transfer his badge to any other person and no conductor shall wear a badge other than one issued to him by the licensing authority.
(2) Any person finding a conductor's badge shall, unless he returns the same to the holder forthwith, surrender it to the licensing authority by which it was issued or to a police officer.

Driver Performing the Duties of Conductor [Section 38(2)(b)].

Any driver of a stage carriage may perform the duty of a conductor of a stage carriage temporarily for a period not exceeding ten days without getting a conductor's license when he is so authorized with the prior approval of the Regional Transport Authority concerned, by any officer not below the rank of a Traffic Manager in the case of a State Transport Undertaking; provided that such driver should be able to perform the first aid duties and should possess educational qualifications as specified in sub-rule (3) of rule 22 for obtaining a conductor's license.

Duties, Functions and Conduct of a Conductor [Section 38(2)(c) and (n)].

In Haryana the conductor of a stage carriage shall:

• 1. Charge fares specified for the journeys or stages of the journeys and shall issue tickets to all the passengers and shall ensure that no one travels without a valid ticket indicating starting and terminating point;
• 2. Not smoke in or on a vehicle during a journey or when it has passengers on board;
• 3. Behave in a civil and orderly manner to passengers and intending passengers;
• 4. Be cleanly dressed in such manner as the State Transport Authority may specify;
• 5. Maintain the vehicle in a clean and sanitary condition;
• 6. Not interfere with persons mounting or preparing to mount upon any other vehicle;
• 7. Not allow any person to be carried in a public service vehicle in excess of the seating capacity specified in the certificate of registration of the vehicle and any additional number permitted under the terms of the permit to be carried standing in the vehicle;
• 8. Not willfully deceive or refuse to inform any passenger or intending passenger as to the destination or route of the vehicle or as to the fare for any journey;
• 9. Not, save for good and sufficient reason, refuse to carry any person tendering the legal fare;
• 10. Take all reasonable precautions to ensure that passengers are not endangered or unduly inconvenienced by the presence of goods, where goods are carried on the vehicle in addition to the passenger;
• 11. Not, save for good and sufficient reasons, require any person who has paid the legal fare to alight from the vehicle before the conclusion of the journey;
• 12. Not loiter or unduly delay upon any journey but shall proceed to his destination as near as may be in accordance with the timetable pertaining to the vehicle or where there is no such timetable, with all reasonable dispatch;
• 13. In the event of a stage carriage being unable to proceed to its destination on account of mechanical breakdown or other cause beyond his control or the driver, arrange to convey the passengers to their destination in some other similar vehicle, or if unable to arrange within a period of one hour after the failure of the vehicle, shall on demand refund to each passenger a proper proportion of the fare relating to the completion of the journey for which the passenger had paid the fare;
• 14. Not, in the case of a stage carriage, cause or allow anything to be placed in the vehicle in such a manner as to obstruct the entry or exit of passengers;
• 15. Pay the fee fixed under sub-rule (3) of rule 195, when using a stand and comply with any relevant condition subject to which the place is authorized as a stand;
• 16. Take due care for the safe carriage of luggage belonging to the passenger;
• 17. Take all reasonable precautions to ensure the safety of passengers in or on or entering or alighting from the vehicle;
• 18. Not, when the vehicle is in motion, distract his attention, without reasonable cause or speak to any person unless it is absolutely necessary so to do;
• 19. Take all reasonable precautions to ensure that all means provided for indicating the route, fares and destination of the vehicle are clearly and correctly displayed in or on the vehicle;
• 20. Follow the signaling device provided for starting and stopping the vehicle and in no circumstances must the vehicle be started by shouting to the driver, stamping the feet, tapping on the partition or by other unauthorized methods of signaling;
• 21. Not argue with passengers and must give his name and badge number when asked to do so;
• 22. Not come on duty under the influence of any intoxicant;
• 23. Assist the passengers in loading and unloading their luggage on wayside halts;
• 24. Not allow any passenger or some other person such as a vendor, hawker or seller to beg, or offer any article for sale in or on the vehicle; and
• 25. Get down from the vehicle on approaching a level crossing and proceed ahead after ensuring that no train is approaching.

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