Page 94 - The Motor Vehicles Act, 1988

10 THE MOTOR VEHICLES ACT, 1988 SECTION 9

(6) When an application has been duly made to the appropriate licensing authority
and the applicant has satisfied such authority of his physical fitness under sub-section
(3) and has passed to the satisfaction of the licensing authority the test referred to in
sub-section (5), the licensing authority shall, subject to the provisions of section 7, issue
the applicant a learner’s licence unless the applicant is disqualified under section 4 for
driving a motor vehicle or is for the time being disqualified for holding or obtaining a
licence to drive a motor vehicle:
PROVIDED that a licensing authority may issue a learner’s licence to drive a motor
cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing
authority, if such authority is satisfied that there is good reason for the applicant’s inability
to apply to the appropriate licensing authority:
1 [PROVIDED FURTHER that a licencing authority may issue a learner’s licence in
electronic form and such manner as may be prescribed by the Central Government:
PROVIDED ALSO that the licensing authority may, before issuing the license, verify
the identity of the applicant in such manner as may be prescribed by the Central
Government.]
(7) Where the Central Government is satisfied that it is necessary or expedient so
to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject
to such conditions as may be specified in the rules, any class of persons from the
provisions of sub-section (3), or sub-section (5), or both.
(8) Any learner’s licence for driving a motor cycle in force immediately before the
commencement of this Act shall, after such commencement, be deemed to be effective
for driving a motor cycle with or without gear.
9. Grant of driving licence
(1) Any person who is not for the time being disqualified for holding or obtaining
2
a driving licence may apply to [any licensing authority in the State]—
(i) in which he ordinarily resides or carries on business, or
(ii) in which the school or establishment referred to in section 12 from where
he is receiving or has received instruction in driving a motor vehicle is
situated,
for the issue to him of a driving licence.
(2) Every application under sub-section (1) shall be in such form and shall be
accompanied by such fee and such documents as may be prescribed by the Central
Government.
3 [(3) If the applicant passes such test as may be prescribed by the Central
Government, he shall be issued the driving licence:
PROVIDED that no such test shall be necessary where the applicant produces proof
to show that—
(a) (i) the applicant has previously held a driving licence to drive such class
of vehicle and that the period between the date of expiry of that licence
and the date of the application does not exceed five years, or

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 “the licensing authority having jurisdiction in the area” by the Motor Vehicles
(Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-9-2019 vide SO 3110(E), dt. 28-8-2019.
3 Substituted by Act 54 of 1994, w.e.f. 14-11-1994.