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The Motor Vehicles Act, 1988

19. Power of  licensing authority  to disqualify  from holding  a  drivinglicence or revoke such licence.

  1. If a licensing authority is satisfied,  after  giving  the  holder  of  a  driving  licence  an opportunity of being heard, that he--
  1. is a habitual criminal or a habitual drunkard; or
  2. is   a  habitual   addict  to   any  narcotic  drug  or psychotropic substance  within the  meaning of the; (61 of 1985.) or
  3. is  using or  has used a motor vehicle in the commission of a cognizable offence; or
  4. 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
  5. has obtained any driving licence or a licence to drive a particular class  or description  of motor  vehicle by  fraud  or misrepresentation; or
  6. 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
  7. has  failed to  submit to,  or has not passed, the tests referred to in the proviso to sub-section (3) of or
  8. 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-
  1. 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
  2. revoke any such licence.
  1. 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,--
  1. if the driving licence is a driving licence issued under this Act,  keep it  until the disqualification has expired or has been removed; or
  2. 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
  3. 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.

  1. 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.

Motor Vehicles Act, 1988 Back

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