Page 36 - The Motor Vehicles Act, 1988
P. 36

22  THE MOTOR VEHICLES ACT, 1988                               SECTION 25

                          24. Endorsement
                               (1) The court or authority making an order of disqualification shall endorse or
                          cause to be endorsed upon the driving licence, if any, held by the person disqualified,
                          particulars of the order of disqualification and of any conviction of an offence in respect
                          which an order of disqualification is made; and particulars of any cancellation or variation
                          of an order of disqualification made under sub-section (3) of section 23 shall be similarly
                          so endorsed.
                               (2) A court by which any person is convicted of an offence under this Act as may
                          be prescribed by the Central Government, having regard to the objects of this Act, shall,
                          whether or not a disqualification order is made in respect of such conviction, endorse
                          or cause to be endorsed particulars at such conviction on any driving licence held by
                          the person convicted.
                               (3) Any person accused of an offence prescribed under sub-section (2) shall when
                          attending the court bring with him his driving licence if it is in his possession.
                               (4) Where any person is convicted of any offence under this Act and sentenced to
                          imprisonment for a period exceeding three months, the court awarding the sentence
                          shall endorse the fact of such sentence upon the driving licence of the person concerned
                          and the prosecuting authority shall intimate the fact of such endorsement to the authority
                          by which the driving licence was granted or last renewed.
                               (5) When the driving licence is endorsed or caused to be endorsed by the court,
                          such court shall send the particulars of the endorsement to the licensing authority by
                          which the driving licence was granted or last renewed.
                               (6) Where on an appeal against any conviction or order of a court, which has been
                          endorsed on a driving licence, the appellate court varies or sets aside the conviction or
                          order,  the Appellate Court shall inform the licensing authority by which the driving
                          licence was granted or last renewed and such authority shall amend or cause to be
                          amended the endorsement.
                          25. Transfer of endorsement and issue of driving licence free from endorsement
                               (1) An endorsement on any driving licence shall be transferred to any new or
                          duplicate driving licence obtained by the holder thereof until the holder becomes entitled
                          under the provisions of this section to have a driving licence issued to him free from
                          endorsement.
                               (2) Where a driving licence is required to be endorsed and the driving licence is
                          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 driving licence, he shall produce the 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 driving licence, he subsequently obtains a
                                     driving licence, he shall within five days after obtaining the driving licence
                                     produce it to the court or authority,
                          and if the 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.
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