Page 32 - The Motor Vehicles Act, 1988
P. 32

18  THE MOTOR VEHICLES ACT, 1988                               SECTION 19

                          19. Power of licensing authority to disqualify from holding a driving licence 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—
                                 (a) is a habitual criminal or habitual drunkard; or
                                 (b) is a habitual addict to any narcotic drug or psychotropic substance within
                                     the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985
                                     (61 of 1985); or
                                 (c) is using or has used a motor vehicle in the commission of a cognizable
                                     offence; or
                                 (d) 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
                                 (e) has obtained any driving licence or a licence to drive a particular class or
                                     description of motor vehicle by fraud or misrepresentation; or
                                 (f) 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
                                 (g) has failed to submit to or has not passed the tests referred to in the proviso
                                     to sub-section (3) of section 22; or
                                 (h) 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—
                                     (i) 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
                                    (ii) revoke any such licence.
                               1 [(1A) Where a licence has been forwarded to the licensing authority under sub-
                          section (4) of section 206, the licensing authority, if satisfied, after giving the holder of
                          the driving licence an opportunity of being heard, may either discharge the holder of a
                          driving licence or, it may for detailed reasons recorded in writing, make an order
                          disqualifying such person from holding or obtaining any licence to drive all or any
                          class or description of vehicles specified in the licence—
                                 (a) for a first offence, for a period of three months;
                                 (b) for a second or subsequent offence, with revocation of the driving licence
                                     of such person:
                               PROVIDED that where a driving licence is revoked under this section, the name
                          of the holder of such driving licence may be placed in the public domain in such manner
                          as may be prescribed by the Central Government.]

                          1   Inserted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-4-2021 vide SO
                              1433(E), dt. 31-3-2021.
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