Page 33 - The Motor Vehicles Act, 1988

SECTION 20 THE MOTOR VEHICLES ACT, 1988 19

1
(2) Where an order under sub-section (1) [or sub-section (1A)] 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—
(a) if the driving licence is a driving licence issued under this Act, keep it until
the disqualification has expired or has been removed; or
(b) 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
(c) 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:
2 [PROVIDED that the driving licence shall be returned to the holder at the end of
the period of disqualification only if he successfully completes the driver refresher
training course.]
1 [(2A) The licence holder whose licence has been suspended shall undergo the
driver refresher training course from a school or establishment licenced and regulated
under section 12 or such other agency, as may be notified by the Central Government.
(2B) The nature, syllabus and duration of the driver refresher training course shall
be such as may be prescribed by the Central Government.]
(3) Any person aggrieved by an order made by a licensing authority under sub-
1
section (1) [or sub-section 1A] 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.
20. Power of court to disqualify
(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 Act, in addition to imposing any other
punishment authorised by law, declare the person 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.
(2) Where a person is convicted of an offence under clause (c) of sub-section (1) of
section 132, section 134 or section 185, the court convicting any person of any such
offence shall order the disqualification under sub-section (1), and if the offence is relatable

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.
2. Substituted for existing proviso, ibid. Prior to substitution, it read as under:
“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.”