The Motor Vehicles Act, 1988
19. Power
of licensing authority to disqualify from holding a drivinglicence or
revoke such licence.
- If a
licensing authority is satisfied, after giving the holder of a driving licence an opportunity of
being heard, that he--
- is a habitual
criminal or a habitual drunkard; or
- is
a habitual addict to any narcotic
drug or psychotropic substance within the meaning of the; (61
of 1985.) or
- is using or
has used a motor vehicle in the commission of a cognizable offence; or
- has by his
previous conduct as driver of a motor vehicle shown that his driving
is likely to be attended with danger to the public; or
- has
obtained any driving licence or a licence to drive a particular class or
description of motor vehicle by fraud or misrepresentation; or
- has
committed any such act which is likely to cause nuisance
or danger to the public, as may be prescribed by the
Central Government, having regard to the objects of this Act; or
- has
failed to submit to, or has not passed, the tests referred to in the proviso
to sub-section (3) of or
- being a person under the age of eighteen years
who has been granted a learner's licence or a driving licence with the
consent in writing of the person having the care of the holder of the
licence and has ceased to be in such care, it may, for reasons to be recorded in
writing, make an order-
- disqualifying that person for a specified period for holding or obtaining
any driving licence to drive all or any classes or descriptions of vehicles
specified in the licence; or
- revoke
any such licence.
- Where an
order under sub-section (1) is made, the holder of a driving licence shall
forthwith surrender his driving licence to the licensing authority making the
order, if the driving licence has not already been surrendered, and the
licensing authority shall,--
- if the
driving licence is a driving licence issued under this Act, keep it until the
disqualification has expired or has been removed; or
- if it is
not a driving licence issued under this Act, endorse the disqualification upon
it and send it to the licensing authority by which it was issued; or
- in the
case of revocation of any licence, endorse the revocation upon it and if it
is not the authority which issued the same, intimate the fact of revocation to
the authority which issued that licence:
Provided that
where the driving licence of a person authorizes him to drive more than one
class or description of motor vehicles and the order, made under sub-section
(1), disqualifies him from driving any specified class or description of
motor vehicles, the licensing authority shall endorse the disqualification upon
the driving licence and return the same to the holder.
- Any
person aggrieved by an order made by a
licensing authority under sub-section (1) may, within thirty days of the receipt
of the order, appeal to the prescribed authority, and such appellate
authority shall give notice to the licensing authority and hear either party if
so required by that party and may pass such order
as it thinks fit and an order passed by any such appellate authority
shall be final.
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