The Motor Vehicles Act, 1988
20. Power
of Court to disqualify.
- Where a
person is convicted of an offence under this Act or of an offence in the
commission of which a motor vehicle was used, the Court by which such
person is convicted may, subject to the provisions of this Act, in addition
to imposing any other punishment authorised by law, declare the persons so
convicted to be disqualified, for such period as the Court may specify,
from holding any driving licence to drive all classes or description of
vehicles, or any particular class or description of such vehicles, as are
specified in such licence:
Provided that
in respect of an offence punishable under section 183 no such order shall be
made for the first or second offence.
- Where a person
is convicted of an offence under clause (c) of sub-section (1) of or, the
Court convicting any person of any
such offence shall order the
disqualification under sub-section (1), and
if the offence is relatable to clause (c) of sub-section of
or, such disqualification shall be for a period of not less than one
month, and if the offence is relatable to , such disqualification shall
be for a period of not less than six months.
- A Court
shall, unless for special reasons to be recorded in writing it
thinks fit to order otherwise, order the disqualification of a person--
- who having
been convicted of an offence punishable under is again convicted of an
offence punishable under that section,
- who is
convicted of an offence punishable under section 189 or
- who is
convicted of an offence punishable under section 192:
Provided that
the period of disqualification shall not exceed, in the case referred to in
clause (a), five years, or, in the case referred to in clause (b), two
years or, in the case referred to in clause (c), one year.
- A Court
ordering the disqualification of a person convicted of an offence
punishable under may direct that such person shall, whether he has
previously passed the test of competence to drive as
referred to in sub-section (3) of or not, remain disqualified until
he has subsequent to the making of the order of
disqualification passed that test to the satisfaction of the licensing
authority.
- The
Court to which an appeal would ordinarily lie from any conviction of
an offence of the nature specified in sub-section (1) may set
aside or vary any order of disqualification made under that
sub-section notwithstanding that no appeal would lie
against the conviction as a result of which such order
of disqualification was made.
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