Page 105 - The Motor Vehicles Act, 1988

SECTION 23 THE MOTOR VEHICLES ACT, 1988 21

22. Suspension or cancellation of driving licence on conviction
(1) Without prejudice to the provisions of sub-section (3) of section 20 where a
person, referred to in sub-section (1) of section 21, is convicted of an offence of causing,
by such dangerous driving as is referred to in section 184 of any class or description of
motor vehicle the death of, or grievous hurt to, one or more persons, the court by which
such person is convicted may cancel, or suspend for such period as it may think fit, the
driving licence held by such person insofar as it relates to that class or description of
motor vehicle.
(2) Without prejudice to the provisions of sub-section (2) of section 20, if a person,
having been previously convicted of an offence punishable under section 185, 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) If a driving licence is cancelled or suspended under this section, the court shall
take the driving licence in its custody, endorse the cancellation or, as the case may be,
suspension, thereon and send the driving licence so 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 safe 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 referred to in sub-section (3) of section 9 and produced a medical
certificate in the same form and in the same manner as is referred to in sub-section (3) of
section 8.
(4) If a licence to drive a particular class or description of motor vehicles is cancelled
or suspended 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 cancellation or suspension of the driving licence remains
in force.
23. Effect of disqualification order
(1) A person in respect of whom any disqualification order is made under section
19 or section 20 shall be debarred to the extent and for the period specified in such order
from holding or obtaining a driving licence and the driving licence, if any, held by such
person at the date of the order shall cease to be effective to such extent and during such
period.
(2) The operation of a disqualification order made under section 20 shall not be
suspended or postponed while an appeal is pending against such order or against the
conviction as a result of which such order is 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 cancel or vary the disqualification order:
PROVIDED that where the court or other authority refuses to cancel or vary any
disqualification order under this section, a second application thereunder shall not be
entertained before the expiry of a period of three months from the date of such refusal.