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THE MOTOR VEHICLES ACT, 1939

Title : THE MOTOR VEHICLES ACT, 1939

Year : 1939



(1) No person shall drive a motor vehicle in any public place unless he holds an effective 1*[driving licence] issued to himself authorizing him to drive the Vehicle; and no person shall so drive a motor vehicle as a paid employee or shall so drive a 2*[transport vehicle] unless his 1*[driving licence] specifically entitles him so to do.

(2) A State Government may prescribe the conditions subject to
which sub-section (1) shall not apply to a person receiving instruc- tion in driving a motor vehicle.

3*[(3) Notwithstanding anything contained in sub,-section (1), a person who holds an effective driving licence authorising him to drive a motor car may drive any motor cab hired by him for his own use.] 4* * * *

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1 Subs. by Act 100 of 1956, s.3 for "licence" (w.ef. 16-2-1957).

2 Cl. (29A), ins. by the A. O. 1950, omitted by Act 3 of 1951, s. 3 and Sch.

3 The words and figures "the unladen weight of which does not exceed 16,000 pounds avoirdupois " omitted by Act 100 of 1956, s. 2 (w.e.f. 16-2-1957).

4 Subs. by s. 2, ibid., for the original cl. (w.e.f. 16-2-1957).

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(1) No person under the age of eighteen years shall drive a motor vehicle in any public place.

(2) Subject to the provisions of section 14, no person under the age of twenty years shall drive a transport vehicle in any public place.



No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle.



(1) No person shall, while he holds any 1*[driving licence] for the time being in force, hold any other 1*[driving licence] except a 1*[driving licence] issued in accordance with the provisions of section 14, or a document authorizing, in accordance with the rules made under section 92, the person specified therein to drive a motor vehicle.

(2) No holder of a 1*[driving licence] shall permit it to be used by any other person.

(3) Nothing in this section shall prevent a licensing authority
having the jurisdiction referred to in sub-section (1) of section 7 from adding to the classes of vehicle which the 1*[driving licence] authorizes the holder to drive.

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1 Subs. by Act 100 of 1956, s.3 for "licence" (w.ef. 16-2-1957).

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2*[(1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may apply to the licensing authority having jurisdiction in the area-

(i) In which he ordinarily resides or carries on business, or

(ii) In which the school or establishment where he is receiving or has received instruction in driving a motor vehicle is situate, or

(iii) If the application is for a driving licence to drive as a paid employee, in which the employer resides or carries on business, for the issue to him of a driving licence.]

(2) Every application under sub-section (1) shall be in Form A as set forth in the First Schedule, shall be signed by, or bear the thumb impression of, the applicant in two places 4*[shall contain the information required by the form and shall be accompanied by their clear copies of a recent photograph of the applicant]

(3) Where the application is for a 5*[driving licence]'to drive as a paid employee or to drive a transport vehicle, or where in any other case the licensing authority for reasons to be stated in writing so requires, the application shall be accompanied by a medical certificate in Form C, as set forth in the First Schedule, signed by a registered medical practitioner. 6 * * *

(5) If, from the application or from the medical certificate
referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability specified in the Second Schedule or any other disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the 1*[driving licence] applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall re- fuse to issue the 2*[driving licence]:

Provided that-

(a) A 3*[driving licence] limited to driving an invalid carriage may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage,

(b) The applicant may, except where he suffers from a disease or disability specified in the Second Schedule, claim to be subjected to a test of his fitness or ability to drive a motor vehicle of a particular construction or design, and, if he passes such test to the satisfaction of the licensing authority and is not otherwise disqualified, the licensing authority shall grant him a 4*[driving licence] to, drive such motor vehicle as the licensing authority may specify in the 1*[driving licence].

(6) No. 1*[driving licence] shall be issued to any applicant unless-- 2* * * he passes to the satisfaction of the licensing authority the test of competence to drive specified in the Third Schedule. 3 ** *

7*[Provided that, where the application is for a licence to drive a motor cycle or a light motor vehicle, the licensing authority shall exempt the applicant from Part I of the test specified in the Third Schedule, if the licensing authority is satisfied-

(a) That the applicant has previously held a licence to drive and that the period between the date of expiry of that licence and the date of such application does not exceed five years ; or

(b) That the applicant holds a driving licence issued by a competent authority of any country outside India:]

Provided further that where the application is for a 1*[driving licence] to drive a motor vehicle (not being a transport vehicle) otherwise than as a paid employee, the licensing authority may exempt the applicant from 11* * * the test specified in the Third Schedule if the applicant possesses a driving certificate issued by an automobile association recognised in this behalf by the State Government.

8*[(7) The test of competence to drive shall be carried out in a vehicle of the type' to which the application refers, and, for the purposes of Part I of the test,-

13*[(a) a person who passes the test in driving a heavy goods vehicle shall be deemed also to have passed the test in driving any medium goods vehicle or light motor vehicle;

(b) a person who passes the test in driving a heavy passenger motor vehicle shall be deemed also to have passed the test in driving any medium passenger motor vehicle or light motor vehicle;

(c) a person who passes the test in driving a medium goods vehicle or a medium passenger motor vehicle shall be deemed also to have passed the test in driving any light motor vehicle.]

13*[(7A) Notwithstanding anything contained 'in subsection (7), any person, who has a valid driving licence granted before the commencement of the Motor Vehicles (Amendment) Act, 1978, authorising him to drive a heavy motor vehicle or, as the case may be, a medium motor vehicle, shall, for the period specified in such licence, be Permitted to drive-

(a) Any heavy goods vehicle, heavy passenger motor vehicle, medium goods vehicle, medium passenger motor vehicle, or light motor vehicle, where the licence is for driving any heavy motor vehicle;

(b) Any medium goods vehicle, medium passenger motor vehicle, or light motor vehicle, where the licence is for driving any medium motor vehicle.]

(8) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness and of his competence to drive and has paid to the authority 12*[such fee as the Central Government Rules made under this Act, specify] the licensing authority shall grant the applicant a 1*[driving licence] unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a 1[driving licence] :

Provided that,-

9* * * * 10* * * a licensing authority may issue a 1*[driving licence] to drive a motor cycle or a 13*[light motor vehicle] not- withstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good reason for the applicant's inability to apply to the appropriate licensing authority;

14*[Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence issued under this Act, unless it is satisfied that there is good reason for his inability to obtain a duplicate copy of his former licence.]

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1. Subs. by Act 100 of- 1956, s. 5, for "licence" (w.e.f. 16-2- 1957).

2. The brackets and letter "(a)" omitted by Act 20 of 1942, s. 4.

3. The word "or" and clause "(b)" omitted by s. 4, ibid.

4. Subs, by Act 100 of 1956, s.

5. for the first proviso (w.e.f. 16-2-1957).

6. Subs. by Act 100 of 1956, s. 5, for "licence" (w.e.f. 16-2- 1957).

7. The words "Part I of" omitted by Act 20 of 1942, s. 4.

8. Subs. by Act 100 of 1956, s. 5, for the original sub-section (w.e.f. 16-2.1957).

9. Subs. by s. 5, ibid., for "five rupees" (w.e.f. 16-2-1957).

10. Cl. (a) omitted by Act 20 of 1942, s. 4.

11. The brackets and letter "(b)" omitted by s. 4. ibid.

12. Subs, by Act 100 of 1956, s. 5, for "motor car" (w,e.f. 16-2- 1957).

13. Subs. by Act 27 of 1977, s. 2 (w.e.f. 1-1-1978).

14. Subs. & Ins. by Act 47 of 1978, S. 3 (w.e.f. 16-1-1979).

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(1) Every 2*[driving licence], except a 2*[driving licence] issued under section 14, shall be in Form D as set forth in the First Schedule and shall have affixed thereto one of the signatures or thumb impressions given on the form of application for the 2 [driving licence] 7*[and one of the photographs referred to in sub-section (2) of section 7]

(2) A 2*[driving licence] shall specify whether the holder is entitled to drive as a paid employee and whether he is entitled to I drive a 3*[transport vehicle] and shall further be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely: -

(a)A motor cycle,

4*[(b) Invalid carriage,

(c) Light motor vehicle,

6*(d) Medium goods vehicle,

(e) Medium passenger motor vehicle,

(ei) Heavy goods vehicle,

(eii) Heavy passenger motor vehicle,

(f) Road roller,

(g) Motor vehicle of a specified description.]

8A. 5*Additions to driving licence.

(1) Any person holding a driving licence issued under this Chapter who is not for the time being disqualified for holding or obtaining a driving licence may apply in Form AA as set forth in the First Schedule, to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business or, if the application relates to a licence to drive as a paid employee, in which the employer resides or carries on business, for the addition of another class of motor vehicle to the licence.
 
(2) The 1*[provisions of section 7*[except the provision requiring the application there under to be accompanied by three clear copies of a recent photograph of the applicant] shall apply to an application under this section as if the application were for the grant of a licence under that section to drive the class of motor vehicle which the applicant desires to be added to his licence:

Provided
that the provisions of 11[sub-section (3)] of that section shall not apply where the applicant is the holder of a licence to drive as a paid employee or to drive a transport vehicle.

(3) No fee other than a fee for the test of competence to drive shall be charged for an addition to a driving licence under this section.]
Extent of validity of driving licence.

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1 Ins. by Act 100 of 1956, s. 5 (w.e.f. 16-2-1957).

2 Subs. by s. 6, ibid., for "licence" (w.e.f. 16-2-1957).

3 Subs. by s. 6, ibid., for "public service vehicle" (w.e.f. 16-2-1957).

4 Subs. by s. 6, ibid., for cls. (b) to (k) (w.e.f. 16-2- 1957).

5 Ins by s. 7, ibid. (w.e.f. 16-2-1957).

6 Subs. by Act 47 of 1978, S. 4 (w.e.f. 16-1-1979).

7 Subs. by Act 47 of 1982, S. 3 (w.e.f. 1-10-1982).

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(1) Subject to any rules made by a State Government under sub-section (3), a 1*[driving licence] issued under the foregoing sections shall be effective throughout 2*[India]. 3* * * *

(3) 8*A State Government may, by rules made under section 21.-

(a) provide that a specification entitling the holder of a 5*[driving licence] 9*[to drive as a paid employee or to drive a transport vehicle] shall be made in the 4*[driving licence] only by or under the authority of the Regional Transport Authority constituted under Chapter IV,

(b) regulate the submission of applications for such licences to the said authority, 6* 7*

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1 Subs. by Act 100 of 1956, s. 8, for "licence" (w.e.f. 16-2- 1957).

2 Subs. by Act 3 of 1951, s. 3 and Sch.. for "the States".

3 Sub-section (2) omitted by Act 25 of 1968, s. 2 and Sch. (w.e.f. 15-8-1968).

4 Subs. by Act 100 of 1956, s. 8, for "public service vehicle" (w.e.f. 16-2-1957).

5 The word "or" omitted by s. 8. ibid. (w.e.f. 16-2-1957).

6 Cl. (c) omitted by s. 8, ibid. (w.e.f. 16-2-1957).

7 Sub-section (4) omitted by Act 25 of 1968. s. 2 and Sch. (w.e.f. 15-8-1968).

8 Subs. by Act 100 of 1956, s. 9, for the former section (w.e.f. 16-2-1957).

9 Subs. by Act 47 of 1978, s. 5 (w.e.f. 16-1-1979).

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A driving licence issued or renewed under this Act [after the commencement of the Motor Vehicle (Amendment) Act, 1978] shall, subject to the provision contained in this Act as to the cancellation of driving licences and the disqualification of holders of driving licences for holding or obtaining driving licences, be effective without renewal for a period of 1*[ five years] only from the date of the issue of the licence or, as the case may be, from the date with effect from which the licence is renewed under section 11 ; and the driving licence shall be deemed to continue to be effective for a period of thirty days after the date of its expiry:,]

2*[Provided that a driving licence issued or renewed to drive as a paid employee or to drive a transport vehicle shall be effective without renewal for a period of three years only.]

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1. Ins. and Subs. s. 6, ibid. (w.e.f. 16-1-1979).

2. Subs. by Act 47 of 1982, s. 4 (w.e.f. 1-10-1982).

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1*[(1) Any licensing authority may, on application made to it, renew a licence issued under the provisions of this Act with effect from the date of its expiry:

Provided that in any case where the application for the renewal of a licence is made more than thirty days after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal: ]

2*[Provided further that where the application is for the renewal of a licence to drive as a paid employee or to drive a transport vehicle or where in any other case the original licence was issued on production of a medical certificate, the same shall be accompanied by a fresh medical certificate in Form C as set forth in the First Schedule, signed by a registered medical practitioner, and the pro-
visions of sub-section (5) of section 7 shall apply to every such case.]

(2) An application for the, renewal of a 3*[driving licence] shall be made in Form B as set 'forth in the First Schedule and shall contain the declaration required by that form ;

provided that where the applicant does not or is unable to subscribe to the said declaration the provisions of sub-section (5) of section 7 shall apply.

4*[(3) Where an application for the renewal of a driving licence is made previous to, or not more than thirty days after, the date of its expiry, the fee payable for such renewal shall be 5*[the amount specified in the rules made by the Central Government in this behalf"]

(3A) Where an application for the renewal of a driving licence is made more than thirty days after the date of its expiry, the fee payable for such renewal shall be 5*[the amount specified in the rules made by the Central Government in this behalf]

Provided
that the fee referred to in. sub-section (3) may be accepted by the licensing authority, if it is satisfied that the applicant was prevented by good cause from applying within the time specified in that subsection:

Provided further that if the application is made more than five years after the driving licence has ceased to be effective, the licensing authority may refuse to renew the driving licence, unless the applicant undergoes and passes to its satisfaction the test of com- petence to drive specified in the Third Schedule.]

6*[(3B) When the authority to whom an application for the renewal of a licence to drive as a paid employee or to drive a transport vehicle is made, is not the authority which issued the licence sought to be renewed, it may, for the purpose of deciding whether the application for such renewal may be granted, verify the antecedents of the applicant in such manner as may be prescribed and pending the verification, such authority may grant a provisional licence for such period or periods not exceeding six months in the aggregate, subject to the condition that every such provisional licence shall cease to be effective immediately on the renewal of the licence sought to be renewed, or, as the case may be, on the refusal to renew the licence, and

(i) Where the application for renewal has been rejected, the fee paid shall be refunded to such extent and in such manner as may be prescribed,

(ii) Where the application for renewal has not been rejected within the said period, the licence shall be renewed.]

(4) When the authority renewing the 7*[driving licence] is not the authority which issued the 8*[driving licence], it shall intimate the fact of renewal to the authority which issued the 8*[driving licence].
 
11A. 9*Special provision as to affixation of photograph in certain cases on driving licences.

(1) Every person whose application for the issue or renewal of a driving licence to drive other than as a paid employee or to drive a vehicle other than a transport vehicle is pending before any licensing authority immediately before the appointed day, shall, on or as soon as may be after the appointed day, forward three clear copies of his recent photograph to such licensing authority along with an application in writing for the affixation of such photograph on the driving licence.

(2) A driving licence to drive other than as a paid employee or to drive a vehicle other than a transport vehicle, issued or renewed under this Act before the appointed day shall cease to be effective on the expiry of six months from the appointed day, if it does not cease to be effective otherwise earlier, unless the holder of such licence makes, before the expiry of the said period of six months, an application to any licensing authority for the affixation of his photograph on the driving licence.

(3) An application under sub-section (2) shall give particulars relating to the name of the bolder of the driving licence, his temporary and permanent addresses, number and date of issue of the driving licence and the name of the licensing authority by whom the licence was issued and shall be accompanied by the driving licence and three clear copies of a recent photograph of the holder.

(4) No fee shall be chargeable with respect to any application made under this section.

(5) Where the authority to whom an application is made under
subsection (2) in respect of a driving licence is not the authority which issued the driving licence, it shall intimate the fact of affixation of the photograph on the driving licence to the authority which issued the driving licence.

Explanation.-For the purposes of this section. "appointed day" mean the date of commencement of section 5 of the Motor Vehicles (Amendment) Act, 1982.]

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1. Subs. by Act 100 of 1956, s. 10, for the former sub-section (w.e.f. 16-2-1957),

2. Ins. by Act 56 of 1969, S, 5 (w.e.f. 2-3-1970).

3. Subs. by Act 100 of 1956, s. 10, for "licence" (w.e.f. 16-2- 1957).

4. Subs. by s. 10, ibid., for the former sub-section (w.e.f. 16-2-1957)

5. Subs. by Act 27 of 1977, s. 3 (w.e.f. 1-1-1978).

6. Ins. by Act 47 of 1978, S. 6 (w.e.f. 16-1-1979).

7. Ins. by Act 56 of 1969, S. 5 (w.e.f. 2-3-1970).

8. Subs. by Act 100 of 1956, s.10. for "licence" (w.e.f. 16-2- 1957).

9. Subs. by s. 11, ibid., for "a licensing authority" (w.e.f. 16-2-1957).

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Notwithstanding anything contained in the foregoing sections, 3*[any licensing authority] may at any time revoke a 1*[driving licence] 2* * *, or may require, as a condition of continuing to hold such 1*[driving licence], the holder thereof to furnish a fresh medical certificate in Form' C as set forth in the First Schedule signed as required by sub-section (3) of section 7, if the licensing authority has reasonable grounds to believe that the holder of the 3*[driving licence] is, by virtue of any disease or disability, unfit. to drive a motor vehicle 3*[and where the authority revoking a driving licence is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that licence].

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1. Subs. by s. 11, ibid., for "licence" (w.e.f. 16-2-1957).

2. The words "issued by it" omitted by s. 11, ibid. (w.e.f. 16-2- 1957).

3. Ins. by s. 11, ibid. (w.e.f. 16-2-1957)

4. Ins. by Act 47 of 1982, s. 5 (w.e.f. 1-10-1982).

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(1) Where 1*[a licensing authority refuses to issue or renew, or revokes, any driving licence, or refuses to add a class of motor vehicle to any driving licence], it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation.

2*[(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.] 3* *
Licences to drive motor vehicles, the property of the Central Government.

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1. Subs. by Act 100 of 1956, s. 12, for " the licensing authority refuses to issue or revokes or refuses to renew any licence" (w.e.f. 16-2-1957).

2. Subs. by s. 12, ibid., for the original sub-section (w.e.f. 16- 2-1957).

3. Sub-section (3) omitted by s. 12, ibid. (w.e.f. 16-2-1957).

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(1) The authority specified in Part A of the Fourth Schedule may grant 1*[driving licences], valid throughout 2*[India], to persons who have completed their eighteenth year to drive motor vehicles which are the property 3*[or for the time being under the exclusive control] of the Central Government 4*[and are used for Government purposes unconnected with any commercial enterprise].

(2)A 5*[driving licence] issued under this section shall specify the class or classes of vehicle which the holder is entitled to drive and the period for which he is so entitled.

(3)A 5*[driving licence] issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle which is the property 5*[or for the time being under the exclusive control] of the Central Government.

(4)The authority issuing any 5*[driving licence] under this section shall at the request of any State Government furnish such information respecting any person to whom a 5*[driving licence] is issued as that Government may at any time require.

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1. Subs. by s. 13, ibid., for "licences" (w.e.f. 16-2-1957).

2. Subs. by Act 3 of 1951. s. 3 and Sch. for the "the States".

3. Ins. by Act 20 of 1942, s.5.

4. Ins. by Act 100 of 1956, s. 13 (w.e.f. 16-2-1957).

5. Subs. by s. 13, ibid., for "licence" (w.e.f. 16-2-1957).

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(1) If a licensing authority is satisfied after giving him an opportunity of being heard that any person-

(a) Is a habitual criminal or a habitual drunkard, or

(b) Is using or has used a motor vehicle in the commission of cognizable offence, or

(c) 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, it may, for reasons to be recorded in writing, make an order dis- qualifying that person for a specified period for holding or obtaining 1*[any driving licence or a licence to drive a particular class or description of vehicle].

(2) Upon the issue of any such order a person affected, if he is the holder of a 2*[driving licence], shall forthwith surrender his 3*[driving licence] to the licensing authority making the order, if the 2*[driving licence] has not already been surrendered, and the licensing authority shall-

(a) if the 2*[driving licence] is a licence issued under this Act, keep it until the disqualification has expired or has been removed. or (b) if it is not a 2*[driving licence] issued under this Act, endorse the disqualification upon it and send it to the licensing authority by which it was issued:

3*[Provided that where the driving licence of a person authorises 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.]

(3) Any 'person aggrieved by an order made by a licensing authority under this section 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 make such inquiry into
the matter as it thinks fit. An order made by any such appellate authority shall be final.

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1 Subs. by Act 56 of 1969, s. 6, for "a driving licence" (w.e.f. 2- 3-1970).

2 Subs. by Act 100 of 1956, s. 14, for "licence" (w.e.f. 16-2- 1957).

3 Ins. by Act 56 of 1969, s. 6 (w.e.f. 2-3-1970).

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(1) 2*A Regional Transport Authority constituted under Chapter IV may for reasons to be recorded in writing and subject to any prescribed conditions declare any person disqualified, for a specified period, for holding or obtaining a licence to drive 1*[any transport vehicle or a transport vehicle of a particular class or description] in the State.

3*[(1A) Upon the issue of an order under sub-section (1), the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority which issued the driving licence (hereafter in this section referred to as the issuing authority), or, as the case may be, to the licensing authority by which the driving licence was last renewed (hereafter in this section referred to as the renewing authority), and the issuing authority or, as the case may be, the renewing authority shall endorse the fact of disqualification in the driving licence and keep it until the period of disqualification has expired or the disqualification has been removed:

Provided that where the driving licence authorises a person 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 authority to which the driving licence was surrendered shall endorse the fact of disqualification in the driving licence and return the same to the holder.

(1B) Where an order of disqualification has been made under sub-
section (1), the period of disqualification shall be reckoned from the date of surrender of the driving licence to the issuing authority or the renewing authority, as the case may be, under subsection (1A), or from the date on which the relevant endorsement is made on the driving licence, whichever is earlier:

Provided
that in a case where the driving licence is, on the date on which the said order is made, in the possession of the issuing authority or the renewing authority or a police officer, the disquali- fication shall take effect from the date of 'the said orders.]

(2) Any person aggrieved by an order of a Regional Transport
Authority made under sub-section (1) may within thirty days of the receipt of intimation of such order appeal against the order to the prescribed authority.

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1 Subs. by Act 56 of 1969, s. 7, for "a transport vehicle" (w.e.f. 2-3-1970).

2 Subs. by Act 100 of 1956, s. 16. for "licence" (w.e.f. 16-2- 1957).

3 Inserted by Act 47 of 1978, s. 7 (w.e.f. 16.1.1979).

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(1) 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 section, In addition to imposing any other punishment authorized by law, declare the person so convicted to be disqualified, for such period as the Court may specify, for holding any 2*[driving licence] or for holding a 2*[driving licence] to drive a particular class or description of vehicle.

(2) A Court shall not order the disqualification of an offender convicted for the first or second time of an offence punishable under section 115.

(3) A Court shall order the disqualification of an offender convicted of an offence punishable under section 117, and such disqualification shall be for a period of not less than six months.

(4) A Court shall order the disqualification of an offender convicted of an offence against the provisions of clause (c) of subsection (1) of section 87 or of section 89, and such disqualification shall be for a period of not less than one month.

(5) A Court shall, unless for special reasons to be recorded in writing it thinks fit to order otherwise,, order the disqualification of an offender-

(a) Who having been convicted of an offence punishable under section 116 is again convicted of an offence punishable under that section,
 
(b) Who is convicted of an offence punishable under section 120 ;or

(c) Who is convicted of an offence punishable under section 123:
 
Provided that the period of disqualification shall not exceed 3*[ 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.

(6) A Court ordering the disqualification of an offender convicted of an offence punishable under section 116 may direct that the offender shall, whether he has previously passed the test of com- petence to drive specified in the Third Schedule or not, remain dis- qualified until he has subsequent to the making of the order of dis- qualification passed that test to the satisfaction of the licensing authority.

(7)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, and the Court to which appeals ordinarily lie from any Court 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.

4*[17A.Suspension of driving licence in certain cases.

Where, in relation to a person who had been previously convicted of an offence punishable under section 116, a case is registered by a police officer on the allegation that such person has by such reckless or dangerous driving as is referred to in the said section 116, caused the death of, or grievous hurt to, one or more persons, the driving licence held by such person shall become, and shall remain, suspended-

(a) For a period of six months from the date on which the case is registered, or

(b) If such person is discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the case may be.

(2)Where by virtue of the provisions of sub-section (1), the driving licence held by a person becomes suspended, the police
officer,by whom the case referred to in sub-section (1) is registered, shall bring such suspension to the notice of the Court competent to take cognizance of such offence, and, thereupon, such Court shall, take possession of the driving licence endorse the suspension thereon and forward it to the licensing authority by which it was granted or last renewed and that authority shall, on receipt of the driving licence, keep it in its safe custody until the expiry of the period of suspension, or, as the case may be, until the holder of the licence is discharged or acquitted by the Court trying the offence. and shall, on such expiry or discharge or acquittal, as the case may be, return the licence to the holder thereof on an application made by him for such return:

Provided that no such licence shall be returned unless the holder thereof has, after such expiry, discharge or acquittal, undergone and passed, to the satisfaction of the licensing authority by which the licence was issued or last renewed, a fresh test of competence to drive specified in the Third Schedule.

(3) Where the person referred to in sub-section (1) is acquitted or discharged, the Court competent to take cognizance of the offence
referred to in sub-section (1) shall, on the application of the holder of the driving licence, cancel the endorsement thereon with regard to the suspension of such driving licence. ---------A licence to drive a particular class or description of------ vehicles is suspended under sub-section (1), the person hold such licence shall be debarred from holding or obtaining any licence to drive such particular class or description of motor vehicles so long as the suspension of the driving licence remains in force.

17B.Suspension or cancellation of driving licence on conviction.
 
(1) Without prejudice to the provisions of sub-section (5) of section
17, where a person, referred to in sub-section (1) of section 17A, is convicted of an offence of causing, by such reckless or dangerous driving as is referred to in section 116, the death of, or grievous hurt to, one or more persons, the Court, trying such person on such charge, may cancel, or suspend for such period as it may think fit, the driving licence held by such person.

(2) Without prejudice to the provisions of sub-section (3) of section 17, if a person, having been previously convicted of an offence punishable under section 117, is again convicted of an offence punishable under that section, the court making such subsequent conviction, shall, by order, cancel the driving licence held by such person.

(3) section, the Court 'shall take the driving licence in its custody, endorse the cancellation or, the case may be, suspension, thereon and send the driving licence so cancelled or endorsed to the authority by which the licence was issued or last renewed and such authority shall, on receipt of the licence, keep the licence in its custody, and in the case of a suspended licence, return the licence to the holder thereof after the expiry of the period of suspension on an application made by him for such return:

Provided that no such licence shall be returned unless the holder thereof has after the expiry of the period of suspension, undergone and passed to the satisfaction of the licensing authority by which the licence was issued or last renewed, a fresh test of competence to drive specified in the Third Schedule.

(4) If a 1* licence to drive a particular class or description of motor vehicles is suspended or cancelled under this section, the person holding such a licence shall be debarred from holding, or obtaining, any licence to drive such particular class or description of motor vehicles so long as the suspension or cancellation of the driving licence remains in force.

Explanation
.-For the purposes of this section, "Court making the conviction" means the Court by which the final order of conviction is made.

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1 Subs. by Act 100 of 1956, s. 4, for "licence" (w.e.f. 16-2- 1957).

2 Subs. by Act 56 of 1969, s. 4, for sub-section (1) (w.e.f. 2-3-1970).

3 Subs. by Act 100 of 1956, s.5 for "licence" (w.e.f. 16-2- 1957).

4 Subs. and Omitted by Act 47 of 1982, s. 2 (w.e.f. 1-10-1982).

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(1) A person in respect of whom any disqualification order is made shall be debarred to the extent and for the period specified in such order from holding or obtaining a 1*[driving licence] and the 1*[driving licence], if any, held by such person at the date of the order shall cease to be effective 2*[to such extent and] during such period.
 
(2) The operation of a disqualification order made under section 17 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such made, unless the appellate Court so directs.

(3) Any person in respect of whom any disqualification order has been made may at any time after the expiry of six months from the date of the order apply to the Court or other authority by which the order was made, to remove the disqualification and the Court or authority, as the case may be, may, having regard to all the circumstances, either remove or vary the order of disqualification:
 
Provided that where an application has been made under this section a second application there under shall not be entertained before the expiry of a further period of three months.



(1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the 1*[driving licence], it any, held by the person disqualified particulars of the order of disqualification and of any conviction of an offence in respect of which an order of disqualification is made; and particulars of any removal or variation of an order of disqualification made under subsection (3) of section 18 shall be similarly so endorsed.

(2) A Court by which any person is convicted of an offence specified in the Fifth Schedule shall, whether or not an order of disqualification is made in respect of such conviction, endorse or cause to be endorsed particulars of such conviction on any 1*[driving licence] held by the person convicted.

(3) Any person accused of an offence specified in the Fifth Schedule shall when attending the Court bring with him his 1*[driving licence] if it is in his possession.

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1 Subs. by Act 100 of 1956.'s. 16, for "licence" (w.e.f. 16-2- 1957).

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(1) An endorsement on any 1*[driving licence] shall be transferred to any new or duplicate 1*[driving licence] obtained by the holder thereof until the holder becomes entitled under the pro- visions of this section to have a 1*[driving licence] issued to him free from endorsement.

(2) Where a 1*[driving licence] is required to be endorsed and the 1*[driving licence] is at the time not in the possession of the Court or authority by which the endorsement is to be made then-

(a) If the person in respect of whom the endorsement is to be made is at the time the holder of a 1*[driving licence], he shall produce the 1*[driving licence] to the Court or authority within five days, or such longer time as the Court or authority may fix, or

(b) If, not being then the holder of a 1*[driving licence], he subsequently obtains a 1*[driving licence], he shall within five days after, obtaining the 1*[driving licence] produce it to the Court or authority; and if the 1*[driving licence] is not produced within the time specified it shall on the expiration of such time be of no effect until it is produced for the purpose of endorsement.
 
(3) A person whose 1*[driving licence] has been endorsed shall, if during a continuous period of three years since the last endorsement was made no further order of endorsement has been made against him, be entitled, on surrendering his 1*[driving licence] and on payment of a fee of five rupees, to receive a new 1*[driving licence] free from all endorsements. If the endorsement was only in respect of exceeding a speed limit, he shall be entitled to have a clean 1*[driving licence] issued on the expiration of one year from the date of the order:

Provided that in reckoning the said period of three years and one year, respectively, any period during which the said person was disqualified for holding or obtaining a 1*[driving licence] shall be excluded.

(4) When a 1*[driving licence] is endorsed by or an order of endorsement is made by any Court, the Court shall send particulars of the endorsement or order, as the case may be, to the licensing authority by which the 1*[driving licence] was last renewed and to the licensing authority which granted the 1[driving licence].

(5) Where the holder of a  1*[driving licence] is disqualified by the order of any Court for holding or obtaining a 1*[driving licence], the Court shall take possession of the 1*[driving licence] and forward it to the licensing authority by which it was granted or last renewed and that authority shall keep the 1*[driving licence] until the disqualification has expired or has been removed and the person entitled to the 1*[driving licence] has made a demand in writing for its return to him:

Provided that, if the disqualification is limited to the driving of a motor vehicle of a particular class or description, the Court shall endorse the 1*[driving licence] to this effect and shall send a copy of the order of disqualification to the licensing authority by which the 1*[driving licence] was granted and shall return the 1*[driving licence] to the holder.

(6) Where on an appeal against any conviction or order of a Court which has been endorsed on a driving licence,the appellate Court varier, or sets aside the conviction or order, the appellate Court shall inform the licensing authority by which the 1*[driving licence] was last renewed and the licensing authority which granted the 1*[driving licence], and shall amend or cause to be amended the endorsement of such conviction or order.

20A. Power of Central Government to make rules.

The Central Government may, by notification in the Official Gazette, make rules specifying the fees payable tinder subsection (8) of section 7 and sub-sections (3) and (3A) of section 11 for the grant or renewal of driving licences.

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1 Subs. by Act 100 of 1956, s. 16, for "licence" (w.e.f. 16-2-1957).

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(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
 
(2) Without prejudice to the generality of the foregoing power, such rules may provide for-

(a) The appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities:

2*(aa) The minimum qualifications of persons to whom licences to drive transport vehicles are issued, the time within which such qualification are to be acquired by persons holding immediately before the commencement of the licensing authorities and other prescribed authorities. Motor Vehicles (Amendment) Act, 1969, licences to drive transport vehicles, and the duties, functions and conduct of such persons ;]

10*[(aaa) The minimum educational qualifications of persons to whom licences to drive transport vehicles are issued after the commencement of the Motor Vehicles (Amendment) Act, 1978 and the time within which such qualifications are to be acquired by such persons;]

3*[(b) 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 :

Provided
that no fee so fixed shall exceed two rupees;]

(c) The issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete, and the issue of temporary, licences to persons receiving instruction in driving 4*[or to persons whose driving licences have been surrendered], and the fees to be charged therefore;

(d) The conditions subject to which a Regional Transport Authority may disqualify a person for holding a 5*[driving licence] to drive a 6*[transport vehicle] ;

7*[(dd) the badges and uniform to be worn by drivers of 8*[transport vehicles] the fees to be paid in respect of badges;] 

(e) The medical examination and testing of applicants for licences and of drivers and the fees to be charged therefor ;

11**[(f) The exemption of prescribed persons, or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter;]

(g) The granting by registered medical practitioners of the
certificates referred to in sub-section (3) of section 7 ;

(h) The communication of particulars of licences granted by one licensing authority to other licensing authorities ;

(i) The control of schools or establishments for the instruction of drivers of motor vehicles, 12*[(including the registration of such schools or establishments) and the acceptance of driving certificates issued by such schools or establishments as qualifying the holder for exemption from Part I of the test specified in the Third Schedule;

(j) The exemptions of drivers of road-rollers from all or any of the provisions of this Chapter or of the rules made there under ; and

(k) Any other matter which is to be or may be prescribed.

21A.13* Necessity for conductor's licence.

(1) No person shall act as a conductor of a stage carriage unless he holds an effective conductor's licence issued to him authorizing 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.

(2) A State Government may prescribe the conditions subject to
which sub-section (1) shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act as a conductor for a period not exceeding one month.

21B.Grant of conductor's licence.

(1) Any person who is not disqualified under sub-section (1) of section 21C 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 issue to him of a conductor's licence.

(2) Every application under sub-section (1) shall be in such form as may be prescribed and shall 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 two clear copies of a 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 a conductor's licence and for each renewal thereof shall be one-half of that for a driving licence.

21C.Disqualifications for the grant of conductor's licence.

(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 prescribed qualifications;

(b) If the medical certificate produced by the applicant discloses that he is physically unfit to act as a conductor; and

(c) If any previous conductor's licence held by the applicant was revoked.

21D. Revocation of a conductor's licence grounds of disease or disability.

A conductor's licence may at any time be revoked by any licensing authority or any Regional Transport Authority constituted under Chapter IV, if the authority has reasonable grounds to believe that the holder of the licence is suffering from any disease or 44 disability which is likely to render him permanently unfit to hold such a licence and 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 licence.

21E. Orders refusing, etc., conductor's licences and appeals therefrom.

(1) Where a licensing 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, 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.

21F.Powers of licensing authority and Regional Transport Authority to disqualify.

(1) If any licensing authority or any Regional Transport Authority constituted under Chapter IV is of opinion that it is necessary to disqualify the holder of a conductor's licence for holding or obtaining such a licence on account of his previous conduct as a conductor, it may, for reasons to be recorded, make an order disqualifying that person for a specified period, not exceeding one year, for holding or obtaining a conductor's licence.
 
(2) Upon the issue of any such order, the holder of the con- ductor's licence shall forthwith surrender the licence to the authority making the order, if the licence has not already been surrendered, and the authority shall keep the 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 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.

21G.Power of Court to disqualify.

(1) Where any person holding a conductor's licence is convicted of an offence under this Act, the Court by which such person is convicted may, in addition to imposing any other punishment 45 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, and the Court to which appeals ordinarily lie from the Court below, may set aside or vary any order of disqualification made by that Court, not- withstanding that no appeal lies against the conviction in connection with which such order was made.

21H.Certain provisions of Chapter II to apply to conductor's licence.

The provisions of sub-section (2) of section 6, sub-section (1) of section 9, sections 10, 11 and 18, sub-section (1) of section 19 and section 20 shall, so far as may be, apply in relation to a conductor's licence, as they apply in relation to a driving licence.

21I.Savings.

If any licence to act as a conductor of a stage carriage (by whatever name called) has been issued by any State Government and is effective immediately before the commencement of this Chapter in that State, it shall continue to be effective, notwithstanding such commencement, for the period for which it would have been effective, if the Motor Vehicles (Amendment) Act, 1956, had not been passed, and every such licence shall be deemed to be a licence issued under this Chapter as if this Chapter had been in force on the date on which that licence was granted.

21J Power to make rules.

(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for-

(a) The appointment, jurisdiction, control and functions of, licensing authorities and other prescribed authorities under this Chapter;

(b) The conditions subject to which drivers of stage carriages and persons temporarily employed may be exempted from the provisions of this Chapter;

(c) The form of application for conductor's licences or for renewal of such licences and the particulars it may contain ;

(d) The form in which conductor's licences may be issued or renewed and the Particulars it may contain;

(e) The minimum qualifications of conductors; their duties and functions and the conduct of persons to whom conductor's licences are issued;

(f) The issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor;

(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:

Provided that no fee so fixed shall exceed two rupees;

(h) The badges and uniform to be worn by conductors of stage carriages and the fees to be paid in respect of such badges;

(i) The granting by registered medical practitioners of the certificates referred to in sub-section (3) of section 21B and the form of such certificates;

(j) The communication of particulars of conductor's licences from one authority to other authorities; and

(k) Any other matter which is to be, or may be, prescribed.]

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1. Subs. by Act 100 of 1956, s. 16, for "licence" (w.e.f. '16-2-1957).

2. Subs. by Act 56 of 1969, s. 9, for cl. (aa) (w.e.f. 1-10- 1970).

3. Subs. by Act 20 of 1942, s. 6, for the original cl.

4. Ins. by Act 100 of 1956, s. 17 (w.e.f. 16-2-1957).

5. Subs. by s. 17, ibid., for "licence" (w.e.f. 16-2-1957).

6. Subs. by s. 17, ibid., for "public service vehicle" (w.e.f. 16-2-1957).

7. Ins. by s. 17, ibid. (w.e.f. 1-8-1957).

8. Subs. by Act 56 of 1959, s. 9, for certain words (w.e.f. 1- 10-1970).

9. Ins. by Act 27 of 1977, s.6 (w.e.f. 1-1-1978).

10. Ins. by Act 47 of 1978, s. 8 (w.e.f. 16-1-1979).

11. Subs. by Act 20 of 1942, s. 6, for the original cl.

12. Ins. by Act 56 of 1969, s. 9 (w.e.f. 1-10-1970).

13. Ins. by Act 100 of 1956, s. 18 (w.e.f 1-8-1957). 

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Last updated on August, 2016

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