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.