Motor Vehicles Act 1988 PDF

THE MOTOR VEHICLES ACT, 1988 ____________ ARRANGEMENT OF SECTIONS ___________________ Last update: 7-4-2022...

THE MOTOR VEHICLES ACT, 1988 ____________ ARRANGEMENT OF SECTIONS ___________________ Last update: 7-4-2022 CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 2A. e-cart and e-rickshaw. 2B. Promotion of innovation. CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES 3. Necessity for driving licence. 4. Age limit in connection with driving of motor vehicles. 5. Responsibility of owners of motor vehicles for contravention of sections 3 and 4. 6. Restrictions on the holding of driving licences. 7. Restrictions on the granting of learner’s licences for certain vehicles. 8. Grant of learner’s licence. 9. Grant of driving licence. 10. Form and contents of licences to drive. 11. Additions to driving licence. 12. Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles. 13. Extent of effectiveness of licences, to drive motor vehicles. 14. Currency of licences to drive motor vehicles. 15. Renewal of driving licences. 16. Revocation of driving licence on grounds of disease or disability. 17. Orders refusing or revoking driving licences and appeals therefrom. 18. Driving Licences to drive motor vehicles, belonging to the Central Government. 19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence. 20. Power of Court to disqualify. 21. Suspension of driving licence in certain cases. 22. Suspension or cancellation of driving licence on conviction. 23. Effect of disqualification order. 24. Endorsement. 25. Transfer of endorsement and issue of driving licence free from endorsement. 25A. National Register of Driving Licences. 26. Maintenance of State Registers of Driving Licences. 27. Power of Central Government to make rules. 28. Power of State Government to make rules. 1  CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIAGES SECTIONS 29. Necessity for conductor’s licence. 30. Grant of conductor’s licence. 31. Disqualifications for the grant of conductor’s licence. 32. Revocation of a conductor’s licence on grounds of disease or disability. 33. Orders refusing, etc., conductor’s licences and appeals therefrom. 34. Power of licensing authority to disqualify. 35. Power of Court to disqualify. 36. Certain provisions of Chapter II to apply to conductor’s licence. 37. Savings. 38. Power of State Government to make rules. CHAPTER IV REGISTRATION OF MOTOR VEHICLES 39. Necessity for registration. 40. Registration, where to be made. 41. Registration, how to be made. 42. Special provision for registration of motor vehicles of diplomatic officers, etc. 43. Temporary registration. 44. Production of vehicle at the time of registration. 45. Refusal of registration or renewal of the certificate of registration. 46. Effectiveness in India of registration. 47. Assignment of new registration mark on removal to another State. 48. No objection certificate. 49. Change of residence or place of business. 50. Transfer of ownership. 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc. 52. Alteration in motor vehicle. 53. Suspension of registration. 54. Cancellation of registration suspended under section 53. 55. Cancellation of registration. 56. Certificate of fitness of transport vehicles. 57. Appeals. 58. Special provisions in regard to transport vehicles. 59. Power to fix the age limit of motor vehicle. 60. Registration of vehicles belonging to the Central Government. 61. Application of Chapter to trailers. 62. Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority. 62A. Prohibition of registration and issuance of certificate of fitness to oversized vehicles. 62B. National Register of Motor Vehicles. 63. Maintenance of State Registers of Motor Vehicles. 64. Power of Central Government to make rules. 65. Power of State Government to make rules. 2  CHAPTER V CONTROL OF TRANSPORT VEHICLES SECTIONS 66. Necessity for permits. 66A. National Transportation Policy. 66B. No bar against permit holders to apply and hold licences under schemes. 67. Power to State Government to control road transport. 68. Transport Authorities. 69. General provision as to applications for permits. 70. Application for stage carriage permit. 71. Procedure of Regional Transport Authority in considering application for stage carriage permit. 72. Grant of stage carriage permits. 73. Application for contract carriage permit. 74. Grant of contract carriage permit. 75. Scheme for renting of motor cabs. 76. Application for private service vehicle permit. 77. Application for goods carriage permit. 78. Consideration of application for goods carriage permit. 79. Grant of goods carriage permit. 80. Procedure in applying for and granting permits. 81. Duration and renewal of permits. 82. Transfer of permit. 83. Replacement of vehicles. 84. General conditions attaching to all permits. 85. General form of permits. 86. Cancellation and suspension of permits. 87. Temporary permits. 88. Validation of permits for use outside region in which granted. 88A. Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods. 89. Appeals. 90. Revision. 91. Restriction of hours of work of drivers. 92. Voidance of contracts restrictive of liability. 93. Agent or canvasser or aggregator to obtain licence. 94. Bar on jurisdiction of Civil Courts. 95. Power of State Government to make rules as to stage carriages and contract carriages. 96. Power of State Government to make rules for the purposes of this Chapter. CHAPTER VI SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS 97. Definition. 98. Chapter to override Chapter V and other laws. 99. Preparation and publication of proposal regarding road transport service of a State transport undertaking. 100. Objection to the proposal. 101. Operation of additional services by a State transport undertaking in certain circumstances. 3 SECTIONS 102. Cancellation or modification of scheme. 103. Issue of permits to State transport undertakings. 104. Restriction on grant of permits in respect of a notified area or notified route. 105. Principles and method of determining compensation and payment thereof. 106. Disposal of article found in vehicles. 107. Power of State Government to make rules. 108. Certain powers of State Government exercisable by the Central Government. CHAPTER VII CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES 109. General provision regarding construction and maintenance of vehicles. 110. Power of Central Government to make rules. 110A. Recall of motor vehicles. 110B. Type of approval certificate and testing agencies. 111. Power of State Government to make rules. CHAPTER VIII CONTROL OF TRAFFIC 112. Limits of speed. 113. Limits of weight and limitations on use. 114. Power to have vehicle weighed. 115. Power to restrict the use of vehicles. 116. Power to erect traffic signs. 117. Parking places and halting stations. 118. Driving regulations. 119. Duty to obey traffic signs. 120. Vehicles with left hand control. 121. Signals and signalling devices. 122. Leaving vehicle in dangerous position. 123. Riding on running board, etc. 124. Prohibition against travelling without pass or ticket. 125. Obstruction of driver. 126. Stationary vehicles. 127. Removal of motor vehicles abandoned or left unattended on a public place. 128. Safety measures for drivers and pillion riders. 129. Wearing of protective headgear. 130. Duty to produce licence and certificate of registration. 131. Duty of the driver to take certain precautions at unguarded railway level crossing. 132. Duty of driver to stop in certain cases. 133. Duty of owner of motor vehicle to give information. 134. Duty of driver in case of accident and injury to a person. 134A. Protection of Good Samaritans. 135. Schemes to be framed for the investigation of accident cases and wayside amenities, etc. 136. Inspection of vehicle involved in accident. 136A. Electronic monitoring and enforcement of road safety. 4 SECTIONS 137. Power of Central Government to make rules. 138. Power of State Government to make rules. CHAPTER IX MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA 139. Power of Central Government to make rules. CHAPTER X [LIABILITY WITHOUT FAULT IN CERTAINCASES] [Omitted.]. 140. [Omitted.]. 141. [Omitted.]. 142. [Omitted.]. 143. [Omitted.]. 144. [Omitted.]. CHAPTER XI INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS 145. Definitions. 146. Necessity for insurance against third party risks. 147. Requirements of policies and limits of liability. 148. Validity of policies of insurance issued in reciprocating countries. 149. Settlement by insurance company and procedure therefor. 150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks. 151. Rights of third party against insurers on insolvency of insured. 152. Duty to give information as to insurance. 153. Settlement between insurers and insured persons. 154. Saving in respect of sections 151, 152 and 153. 155. Effect of death on certain causes of action. 156. Effect of certificate of insurance. 157. Transfer of certificate of insurance. 158. Production of certain certificates, licence and permit in certain cases. 159. Information to be given regarding accident. 160. Duty to furnish particulars of vehicle involved in accident. 161. Special provisions as to compensation in case of hit and run motor accident. 162. Scheme for golden hour. 163. Refund in certain cases of compensation paid under section 161. 164. Payment of compensation in case of death or grevious hurt, etc. 164A. Scheme for interim relief for claimants. 164B. Motor Vehicle Accident Fund. 164C. Power of Central Government to make rules. 164D. Power of State Government to make rules. 5  CHAPTER XII CLAIMS TRIBUNALS SECTIONS 165. Claims Tribunals. 166. Application for compensation. 167. Option regarding claims for compensation in certain cases. 168. Award of the Claims Tribunal. 169. Procedure and powers of Claims Tribunals. 170. Impleading insurer in certain cases. 171. Award of interest where any claim is allowed. 172. Award of compensatory costs in certain cases. 173. Appeals. 174. Recovery of money from insurer as arrear of land revenue. 175. Bar on jurisdiction of Civil Courts. 176. Power of State Government to make rules. 177. General provision for punishment of offences. 177A. Penalty for contravention of regulations under section 118. CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE 178. Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc. 179. Disobedience of orders, obstruction and refusal of information. 180. Allowing unauthorised persons to drive vehicles. 181. Driving vehicles in contravention of section 3 or section 4. 182. Offences relating to licences. 182A. Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components. 182B. Punishment for contravention of section 62A. 183. Driving at excessive speed, etc. 184. Driving dangerously. 185. Driving by a drunken person or by a person under the influence of drugs. 186. Driving when mentally or physically unfit to drive. 187. Punishment for offences relating to accident. 188. Punishment for abetment of certain offences. 189. Racing and trials of speed. 190. Using vehicle in unsafe condition. 191. [Omitted]. 192. Using vehicle without registration. 192A. Using vehicle without permit. 192B. Offences relating to registration. 193. Punishment of agents, canvassers and aggregators without proper authority. 194. Driving vehicle exceeding permissible weight. 194A. Carriage of excess passengers. 194B. Use of safety belts and the seating of children. 6 SECTIONS 194C. Penalty for violation of safety measures for motor cycle drivers and pillion riders. 194D. Penalty for not wearing protective headgear. 194E. Failure to allow free passage to emergency vehicles. 194F. Use of horns and silence zones. 195. [Omitted]. 196. Driving uninsured vehicle. 197. Taking vehicle without authority. 198. Unauthorised interference with vehicle. 198A. Failure to comply with standards for road design, construction and maintenance. 199. Offences by companies. 199A. Offences by juveniles. 199B. Revision of fines. 200. Composition of certain offences. 201. Penalty for causing obstruction to free flow of traffic. 202. Power to arrest without warrant. 203. Breath tests. 204. Laboratory test. 205. Presumption of unfitness to drive. 206. Power of police officer to impound document. 207. Power to detain vehicles used without certificate of registration permit, etc. 208. Summary disposal of cases. 209. Restriction on conviction. 210. Courts to send intimation about conviction. 210A. Power of State Government to increase penalties. 210B. Penalty for offence committed by an enforcing authority. 210C. Power of Central Government to make rules. 210D. Power of State Government to make rules. CHAPTER XIV MISCELLANEOUS 211. Power to levy fee. 211A. Use of electronic forms and documents. 212. Publication, commencement and laying of rules and notifications. 213. Appointment of motor vehicles officers. 214. Effect of appeal and revision on orders passed by original authority. 215. Road Safety Councils and Committees. 215A. Power of Central Government and State Government to delegate. 215B. National Road Safety Board. 215C. Power of Central Government to make rules. 215D. Power of State Government to make rules. 216. Power to remove difficulties. 217. Repeal and savings. 217A. Renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939. THE FIRST SCHEDULE. THE SECOND SCHEDULE. [Omitted]. 7  THE MOTOR VEHICLES ACT, 1988 ACT NO. 59 OF 1988 [14th October, 1988.] An Act to consolidate and amend the law relating to motor vehicles. BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be called the Motor Vehicles Act, 1988. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States and any reference in this Act to the commencement of this Act shall, in relation to a State, be construed as a reference to the coming into force of this Act in that State. 2. Definitions.—In this Act, unless context otherwise requires,— [(1) “adapted vehicle” means a motor vehicle either specially designed and constructed, or to 2 which alterations have been made under sub-section (2) of section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person; (1A) “aggregator” means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation; (1B) “area”, in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification in the Official Gazette;] (2) “articulated vehicle” means a motor vehicle to which a semitrailer is attached; (3) “axle weight” means in relation to an axle of a vehicle the total weight transmitted by the several wheels attached to that axle to the surface on which the vehicle rests; (4) “certificate of registration” means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV; [(4A) “community service” means an unpaid work which a person is required to perform as a 3 punishment for an offence committed under this Act;] (5) “conductor”, in relation to a stage carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage and performing such other functions as may be prescribed; (6) “conductor’slicence” means the licence issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor; (7) “contract carriage” means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum— (a) on a time basis, whether or not with reference to any route or distance; or 1. 1st July, 1989, vide notification No. S.O. 368(E), dated 22nd May, 1989, see Gazette of India, Extraordinary, Pt. II, sec. 3 (ii). 2. Subs. by Act 32 of 2019, s. 2, for clause (1) (w.e.f. 1-9-2019). 3. Ins. by s. 2, ibid (w.e.f. 1-9-2019). 8  (b) from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes— (i) amaxicab; and (ii) a motor cab notwithstanding that separate fares are charged for its passengers; (8) “dealer” includes a person who is engaged— 1 * * * * * (b) in building bodies for attachment to chassis; or (c) in the repair of motor vehicles; or (d) in the business of hypothecation, leasing or hire-purchase of motor vehicle; (9) “driver” includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle; 2 [(9A) “driver refresher training course” means the course referred to in sub-section (2A) of section 19;] (10) “driving licence” means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description; (11) “educational institution bus” means an omnibus, which is owned by a college, school or other educational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities; (12) “fares” includes sums payable for a season ticket or in respect of the hire of a contract carriage; [(12A) “golden hour” means the time period lasting one hour following a traumatic injury during 2 which there is highest likelihood of preventing death by providing prompt medical care;] (13) “goods” includes live-stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle; (14) “goods carriage” means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods; (15) “gross vehicle weight” means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle; (16) “heavy goods vehicle” means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms; (17) “heavy passenger motor vehicle” means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms; 3 * * * * * (19) “learner’s licence” means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any specified class or description; 1. Sub-clause (a) omitted by Act 54 of 1994, s. 2 (w.e.f. 14-11-1994). 2. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 3. Clause (18) omitted by s. 2, ibid. (w.e.f. 1-9-2019). 9  (20) “licensing authority” means an authority empowered to issue licences under Chapter II or, as the case may be, Chapter III; (21) “light motor vehicle” means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 1 kilograms; 2 [(21A) “manufacturer” means a person who is engaged in the manufacture of motor vehicles;] (22) “maxicab” means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward; (23) “medium goods vehicle” means any goods carriage other than a light motor vehicle or a heavy goods vehicle; (24) “medium passenger motor vehicle” means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, 3[adapted vehicle], light motor vehicle or heavy passenger motor vehicle; (25) “motorcab” means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward; (26) “motor car” means any motor vehicle other than a transport vehicle, omnibus, road-roller, tractor, motor cycle or 3[adapted vehicle]; (27) “motor cycle” means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle; (28) “motor vehicle” or “vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding 4 [twenty-five cubic centimetres]; (29) “omnibus” means any motor vehicle constructed or adapted to carry more than six persons excluding the driver; (30) “owner” means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement; (31) “permit” means a permit issued by a State or Regional Transport Authority or an authority prescribed in this behalf under this Act authorising the use of a motor vehicle as a transport vehicle; (32) “prescribed” means prescribed by rules made under this Act; (33) “private service vehicle” means a motor vehicle constructed or adapted to carry more than six persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public purposes; (34) “public place” means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage; (35) “public service vehicle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage; 1. Subs. by Act 54 of 1994, s. 2, for “6000” (w.e.f. 14-11-1994). 2. Ins. by s. 2, ibid. (w.e.f. 14-11-1994). 3. Subs. by Act 32 of 2019, s. 2, for “invalid carriage” (w.e.f. 1-9-2019). 4. Subs. by Act 54 of 1994, s. 2, for “thirty-five cubic centimetres” (w.e.f. 14-11-1994). 10  (36) “registered axle weight” means in respect of the axle of any vehicle, the axle weight certified and registered by the registering authority as permissible for that axle; (37) “registering authority” means an authority empowered to register motor vehicles under Chapter IV; (38) “route” means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another; 1 [(38A) “scheme” means a scheme framed under this Act;] [(39) “semi-trailer” means a vehicle not mechanically propelled (other than a trailer), which is 2 intended to be connected to a motor vehicle and which is so constructed that a portion of it is super- imposed on, and a part of whose weight is borne by, that motor vehicle;] (40) “stage carriage” means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey; (41) “State Government” in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution; (42) “State transport undertaking” means any undertaking providing road transport service, where such undertaking is carried on by,— (i) the Central Government or a State Government; (ii) any Road Transport Corporation established under section 3 of the Road Transport Corporations Act, 1950 (64 of 1950); (iii) any municipality or any corporation or company owned or controlled by the Central Government or one or more State Governments, or by the Central Government and one or more State Governments; 3 [(iv) Zilla Parishad or any other similar local authority.] Explanation.—For the purposes of this clause, “road transport service” means a service of motor vehicles carrying passengers or goods or both by road for hire or reward; 1 [(42A) “testing agency” means any entity designated as a testing agency under section 110B;] (43) “tourist vehicle” means a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf; (44) “tractor” means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a road-roller; (45) “traffic signs” includes all signals, warning sign posts, direction posts, markings on the road or other devices for the information, guidance or direction of drivers of motor vehicles; (46) “trailer” means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle; (47) “transport vehicle” means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle; (48) “unladen weight” means the weight of a vehicle or trailer including all equipment ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant; and where alternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body; 1. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 2. Subs. by Act 54 of 1988, s. 2, for clause (39) (w.e.f. 14-11-1994). 3. Ins. by s. 2, ibid. (w.e.f. 14-11-1994). 11  (49) “weight” means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests 1[or moves]. 2 [2A. e-cart and e-rickshaw.—(1) Save as otherwise provided in the proviso to sub-section (1) of section 7 and sub-section (10) of section 9, the provisions of this Act shall apply to e-cart and e-rickshaw. (2) For the purposes of this section, “e-cart or e-rickshaw” means a special purpose battery powered vehicle of power not exceeding 4000 watts, having three wheels for carrying goods or passengers, as the case may be, for hire or reward, manufactured, constructed or adapted, equipped and maintained in accordance with such specifications, as may be prescribed in this behalf.] 3 [2B. Promotion of innovation.—Notwithstanding anything contained in this Act and subject to such conditions as may be prescribed by the Central Government, in order to promote innovation, research and development in the fields of vehicular engineering, mechanically propelled vehicles and transportation in general, the Central Government may exempt certain types of mechanically propelled vehicles from the application of the provisions of this Act.] CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES 3. Necessity for driving licence.—(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than 4[a motor cab or motor cycle] hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do. (2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government. 4. Age limit in connection with driving of motor vehicles.—(1) No person under the age of eighteen years shall drive a motor vehicle in any public place: Provided that 5[a motor cycle with engine capacity not exceeding 50cc] may be driven in a public place by a person after attaining the age of sixteen years. (2) Subject to the provisions of section 18, no person under the age of twenty years shall drive a transport vehicle in any public place. (3) No learner’s licence or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section. 5. Responsibility of owners of motor vehicles for contravention of sections 3 and 4.—No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle. 6. Restrictions on the holding of driving licences.—(1) No person shall, while he holds any driving licence for the time being in force, hold any other driving licence except a learner’s licence or a driving licence issued in accordance with the provisions of section 18 or a document authorising, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle. (2) No holder of a driving licence or a learner’s licence shall permit it to be used by any other person. (3) Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in sub-section (1) of section 9 from adding to the classes of vehicles which the driving licence authorises the holder to drive. 1. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 2. Ins. by Act 3 of 2015, s. 2 (w.e.f. 7-1-2015). 3. Ins. by Act 32 of 2019, s. 3 (w.e.f. 1-9-2019). 4. Subs. by Act 54 of 1994, s. 3 for “a motor cab” (w.e.f. 14-11-1994). 5. Subs. by s. 4, ibid., for “a motor cycle without gear” (w.e.f. 14-11-1994). 12  7. Restrictions on the granting of learner’slicences for certain vehicles.—1[(1) No person shall be granted a learner's licence to drive a transport vehicle unless he has held a driving licence to drive a light motor vehicle for at least one year:] 2 [Provided that nothing contained in this sub-section shall apply to an e-cart or e-rickshaw.] (2) No person under the age of eighteen years shall be granted a learner’s licence to drive a motor cycle without gear except with the consent in writing of the person having the care of the person desiring the learner’s licence. 8. Grant of learner’s licence.—(1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of section 7, apply to 3[any of the 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 intends to receive instruction in driving a motor vehicle is situate, for the issue to him of a learner’s licence. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such documents 4[with such fee and submit in such manner, including electronic means] as may be prescribed by the Central Government. (3) Every application 5[to drive a transport vehicle made] under sub-section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, as the State Government or any person authorised in this behalf by the State Government may, by notification in the Official Gazette, appoint for this purpose: 6 * * * * * (4) If, from the application or from the medical certificate referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the learner’s licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the learner’s licence: Provided that a learner’s licence limited to driving an 7[adapted vehicle] may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage. (5) No learner’s licence shall be issued to any applicant unless he 8[satisfies such conditions] as may be prescribed by the Central Government. (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. Subs. by Act 54 of 1994, s. 5, for sub-section (1) (w.e.f. 14-11-1994). 2. Ins. by Act 3 of 2015, s. 3 (w.e.f. 7-1-2015). 3. Subs. by Act 32 of 2019, s. 4, for “the licensing authority having jurisdiction in the area” (w.e.f. 1-9-2019). 4. Subs. by s. 4, ibid., for “and with such fee” (w.e.f. 1-9-2019). 5. Ins. by s. 4, ibid. (w.e.f. 1-9-2019). 6. The proviso omitted by s. 4, ibid (w.e.f. 1-9-2019). 7. Subs. by s. 4, ibid., for “invalid carriage” (w.e.f. 1-9-2019). 8. Subs. by s. 4, ibid., for “passes to the satisfaction of the licensing authority such test” (w.e.f. 1-4-2021). 13  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 a driving licence may apply to 2[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 thed ate of expiry of that licence and the date of the application does not exceed five years, or (ii) the applicant holds or has previously held a driving licence to drive such class of vehicle issued under section 18, or (iii) the applicant holds a driving licence to drive such class of vehicle issued by a competent authority of any country outside India, subject to the condition that the applicant complies with the provisions of sub-section (3) of section 8, (b) the applicant is not suffering from any disability which is likely to cause the driving by him to be a source of danger to the public; and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8: 4 [Provided further that a driving licence for driving an adapted vehicle may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such motor vehicle.]] (4) Where the application is for a licence to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses 5*** a driving certificate issued by a school or establishment referred to in section 12. 6 [(5) Where the applicant does not pass the test; he may be permitted to re-appear for the test after a period of seven days: 1. The Provisos ins. by Act 32 of 2019, s. 4 (1-4-2021). 2. Subs. by s. 5, ibid., for “the licensing authority having jurisdiction in the area” (w.e.f. 1-9-2019). 3. Subs. by Act 54 of 1994, s. 7, for sub-section (3) (w.e.f. 14-11-1994). 4. Subs. by Act 32 of 2019, s. 5, for the second proviso (w.e.f. 1-9-2019). 5. The words “such minimum educational qualification as may be prescribed by the Central Government and” omitted by s. 5, ibid (w.e.f. 1-9-2019). 6. Subs. by Act 54 of 1994, s. 7, for sub-section (5) (w.e.f. 14-11-1994). 14  Provided that where the applicant does not pass the test even after three appearances, he shall not be qualified to re-appear for such test before the expiry of a period of sixty days from the date of last such test 1[and such applicant shall be required to complete a remedial driver training course from any school or establishment under section 12].] (6) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers: Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle without gear. (7) When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to drive, the licensing authority shall issue the applicant a driving licence unless the applicant is for the time being disqualified for holding or obtaining a driving licence: Provided that a licensing authority may issue a driving licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicant’s inability to apply to the appropriate licensing authority: Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence, unless it is satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former licence. (8) If the licensing authority is satisfied, after giving the applicant an opportunity of being heard, that he— (a) is a habitual criminal or a 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 a person whose licence to drive any motor vehicle has, at any time earlier, been revoked, it may, for reasons to be recorded in writing, make an order refusing to issue a driving licence to such person and any person aggrieved by an order made by a licensing authority under this sub-section may, within thirty days of the receipt of the order, appeal to the prescribed authority. (9) Any driving licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, bedeemed to be effective for driving a motor cycle with or without gear. 2 [(10) Notwithstanding anything contained in this section, the driving licence to drive e-cart or e-rickshaw shall be issued in such manner and subject to such conditions, as may be prescribed.] 10. Form and contents of licences to drive.—(1) Every learner’s licence and driving licence, except a driving licence issued under section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government. (2) A learner’s licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely:— (a) motor cycle without gear; (b) motor cycle with gear; (c) 3[adapted vehicle]; (d) light motor vehicle; 4 [(e) transport vehicle;] (i) road-roller; (j) motor vehicle of a specified description. 1. Ins. by Act 32 of 2019, s. 5, (w.e.f. 1-4-2021). 2. Ins. by Act 3 of 2015, s. 4 (w.e.f. 7-1-2015). 3. Subs. by Act 32 of 2019, s. 6, for “invalid carriage” (w.e.f. 1-9-2019). 4. Subs. by Act 54 of 1994, s. 8, for cls. (e) to (h) (w.e.f. 14-11-1994). 15  11. Additions to driving licence.—(1) Any person holding a driving licence to drive any class or description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving licence to drive any other class or description of motor vehicles, may apply to 1[any licensing authority in the State] in which he resides or carries on his business in such form and accompanied by such documents and with such fees as may be prescribed by the Central Government for the addition of such other class or description of motor vehicles to the licence. (2) Subject to such rules as may be prescribed by the Central Government, the provisions of section 9 shall apply to an application under this section as if the said application were for the grant of a licence under that section to drive the class or description of motor vehicles which the applicant desires to be added to his licence. 2 [Provided 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.] 12. Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles.—(1) The Central Government may make rules for the purpose of licensing and regulating, by the State Governments, schools or establishments (by whatever name called) for imparting instruction in driving of motor vehicles and matters connected therewith. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) licensing of such schools or establishments including grant, renewal and revocation of such licences; (b) supervision of such schools or establishments; (c) the form of application and the form of licence and the particulars to be contained therein; (d) fee to be paid with the application for such licences; (e) conditions subject to which such licences may be granted; (f) appeals against the orders of refusal to grant or renew such licences and appeals against the orders revoking such licences; (g) conditions subject to which a person may establish and maintain any such school or establishment for imparting instruction in driving of motor vehicles; (h) nature, syllabus and duration of course or courses for efficient instruction in driving any motor vehicle; (i) apparatus and equipments (including motor vehicles fitted with dual control) required for the purpose of imparting such instruction; (j) suitability of the premises at which such schools or establishments may be established or maintained and facilities to be provided therein; (k) qualifications, both educational and professional (including experience), which a person imparting instruction in driving a motor vehicle shall possess; (l) inspection of such schools and establishments (including the services rendered by them and the apparatus, equipments and motor vehicles maintained by them for imparting such instruction); (m) maintenance of records by such schools or establishments; (n) financial stability of such schools or establishments; (o) the driving certificates, if any, to be issued by such schools or establishments and the form in which such driving certificates shall be issued and the requirements to be complied with for the purposes of issuing such certificates; (p) such other matters as may be necessary to carry out the purposes of this section. (3) 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 1. Subs. by Act 32 of 2019, s. 7, for “the licensing authority having jurisdiction in the area” (w.e.f. 1-9-2019). 2. Ins. by s. 7, ibid., (w.e.f. 1-4-2021). 16 specified in the rules, any class of schools or establishments imparting instruction in driving of motor vehicles or matters connected therewith from the provisions of this section. (4) A school or establishment imparting instruction in driving of motor vehicles or matters connected therewith immediately before the commencement of this Act whether under a licence or not, may continue to impart such instruction without a licence issued under this Act for a period of one month from such commencement, and if it has made an application for such licence under this Act within the said period of one month and such application is in the prescribed form, contains the prescribed particulars and is accompanied by the prescribed fee, till the disposal of such application by the licensing authority. 1 [(5) Notwithstanding anything contained in any other provision, where any school or establishment has been accredited by a body notified by the Central Government under any other law for the time being in force, any person who has successfully completed a training module at such school or establishment covering a particular type of motor vehicle shall be eligible to obtain a driving licence for such type of motor vehicle. (6) The curriculum of the training module referred to in sub-section (5) and the remedial driver training course referred to in sub-section (5) of section 9 shall be such as may be prescribed by the Central Government and that Government may make rules for the regulation of such schools or establishments.] 13. Extent of effectiveness of licences, to drive motor vehicles.—A learner’s licence or a driving licence issued under this Act shall be effective throughout India. 14. Currency of licences to drive motor vehicles.—(1) A learner’s licence issued under this Act shall, subject to the other provisions of this Act, be effective for a period of six months from the date of issue of the licence. (2) A driving licence issued or renewed under this Act shall,— (a) in the case of a licence to drive a transport vehicle, be effective for a period of 2[five years]: 3 *** 4 [Provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of 5[three years and renewal thereof shall be subject to such conditions as the Central Government may prescribe; and];] 6 [(b) in the case of any other licence, subject to such conditions as the Central Government may prescribe, if the person obtaining the licence, either originally or on renewal thereof,— (i) has not attained the age of thirty years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of forty years; or (ii) has attained the age of thirty years but has not attained the age of fifty years on the date of issue or, renewal thereof, be effective for a period of ten years from the date of such issue or renewal; or (iii) has attained the age of fifty years but has not attained the age of fifty-five years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of sixty years; or (iv) has attained the age of fifty-five years on the date of issue or as the case may be, renewal thereof, be effective for a period of five years from the date of such issue or renewal.] 7 * * * * * 15. Renewal of driving licences.—(1) Any licensing authority may, on application made to it, renew a driving licence issued under the provisions of this Act with effect from the date of its expiry: 1. Ins. by Act 32 of 2019, s. 8 (w.e.f. 1-7-2021). 2. Subs. by s. 9, ibid., for “three years” (w.e.f. 1-9-2019). 3. The word “and” omitted by Act 54 of 1994, s. 9 (w.e.f. 14-11-1994). 4. Ins. by s. 9, ibid. (w.e.f. 14-11-1994). 5. Subs. by Act 32 of 2019, s. 9, for certain words (w.e.f. 1-9-2019). 6. Subs. by s. 9, ibid., for cl. (b) (w.e.f. 1-9-2019). 7. The proviso omitted by s. 9, ibid. (w.e.f. 1-9-2019). 17  Provided that in any case where the application for the renewal of a licence is made 1[either one year prior to date of its expiry or within one year] after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal: Provided further that where the application is for the renewal of a licence to drive a transport vehicle or where in any other case the applicant has attained the age of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8, and the provisions of sub-section (4) of section 8 shall, so far as may be, apply in relation to every such case as they apply in relation to a learner’s licence. (2) An application for the renewal of a driving licence shall be made in such form and accompanied by such documents as may be prescribed by the Central Government. (3) Where an application for the renewal of a driving licence is made previous to, or not more than 2 [one year] after the date of its expiry, the fee payable for such renewal shall be such as may be prescribed by the Central Government in this behalf. (4) Where an application for the renewal of a driving licence is made more than 1[one year] after the date of its expiry, the fee payable for such renewal shall be such amount as may be prescribed by the Central Government: Provided that the fee referred to in sub-section (3) may be accepted by the licensing authority in respect of an application for the renewal of a driving licence made under this sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time specified in sub-section (3): Provided further that if the application is made more than 3[one year after the driving licence has ceased to be effective, the licensing authority shall] refuse to renew the driving licence, unless the applicant undergoes and passes to its satisfaction the test of competence to drive referred to in sub-section (3) of section 9. (5) Where the application for renewal has been rejected, the fee paid shall be refunded to such extent and in such manner as may be prescribed by the Central Government. (6) Where the authority renewing the driving licence is not the authority which issued the driving licence it shall intimate the fact of renewal to the authority which issued the driving licence. 16. Revocation of driving licence on grounds of disease or disability.—Notwithstanding anything contained in the foregoing sections, any licensing authority may at any time revoke a driving licence or may require, as a condition of continuing to hold such driving licence, the holder thereof to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8, if the licensing authority has reasonable grounds to belive that the holder of the driving licence is, by virtue of any disease or disability, unfit to drive a motor vehicle and where the authority revoking a driving licence is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that licence. 17. Orders refusing or revoking driving licences and appeals therefrom—(1) Where a licensing authority refuses to issue any learner’s licence or to issue or renew, or revokes, any driving licence, or refuses to add a class or description of motor vehicle to any driving licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation. (2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. 1. Subs. by Act 32 of 2019, s. 10, for “more than thirty days” (w.e.f. 1-9-2019). 2. Subs. by s. 10, ibid., for “thirty days” (w.e.f. 1-9-2019). 3. Subs. by s. 10, ibid., for “five years after the driving licence has ceased to be effective, the licensing authority may” (w.e.f. 1- 9-2019). 18  18. Driving licences to drive motor vehicles, belonging to the Central Government.—(1) Such authority as may be prescribed by the Central Government may issue driving licence valid throughout India to persons who have completed their eighteenth year to drive motor vehicles which are the property or for the time being under the exclusive control of the Central Government and are used for Government purposes relating to the defence of the country and unconnected with any commercial enterprise. (2) A driving licence issued under this section shall specify the class or description of vehicle which the holder is entitled to drive and the period for which he is so entitled. (3) A driving licence issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle referred to in sub-section (1). (4) The authority issuing any driving licence under this section shall, at the request of any State Government, furnish such information respecting any person to whom a driving licence is issued as that Government may at any time require. 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 a 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. Ins. by Act 32 of 2019, s. 11 (w.e.f. 1-4-2021). 19  (2) Where an order under sub-section (1) 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.] 3 [(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-section (1) 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 persons 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 to clause (c) of sub-section(1) of section 132 or section 134, such disqualification shall be for a period of not less than one month, and if the offence is relatable to section 185, such disqualification shall be for a period of not less than six months. (3) A Court shall, unless for special reasons to be recorded in writing it thinks fit to order otherwise, order the disqualification of a person— (a) who having been convicted of an offence punishable under section 184 is again convicted of an offence punishable under that section, (b) who is convicted of an offence punishable under section 189, or (c) who is convicted of an offence punishable under section 192: Provided that the period of disqualification shall not exceed, in the case referred to in clause (a), five years, or, in the case referred to in clause (b), two years or, in the case referred to in clause (c), one year. 1. Ins. by Act 32 of 2019, s. 11, (w.e.f. 1-4-2021). 2. The Proviso subs. by s. 11, ibid, (w.e.f. 1-4-2021). 3. Ins. by s. 11, ibid., (w.e.f. 1-4-2021). 20  (4) A Court ordering the disqualification of a person convicted of an offence punishable under section 184 may direct that such person shall, whether he has previously passed the test of competence to drive as referred to in sub-section (3) of section 9 or not, remain disqualified until he has subsequent to the making of the order of disqualification passed that test to the satisfaction of the licensing authority. (5) The Court to which an appeal would ordinarily lie from any conviction of an offence of the nature specified in sub-section (1) may set aside or vary any order of disqualification made under that sub-section notwithstanding that no appeal would lie against the conviction as a result of which such order of disqualification was made. 21. Suspension of driving licence in certain cases.—(1) Where, in relation to a person who had been previously convicted of an offence punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such dangerous driving as is referred to in the said section 184, of any class or description of motor vehicle caused the death of, or grievous hurt to, one or more persons, the driving licence held by such person shall in relation to such class or description of motor vehicle become suspended— (a) for a period of six months from the date on which the case is registered, or (b) if such person is discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the case may be. (2) Where by virtue of the provisions of sub-section (1), the driving licence held by a person becomes suspended, the police officer, by whom the case referred to in sub-section (1) is registered, shall bring such suspension to the notice of the Court competent to take cognizance of such offence, and thereupon, such Court shall take possession of the driving licence, endorse the suspension thereon and intimate the fact of such endorsement to the licensing authority by which the licence was granted or last renewed. (3) Where the person referred to in sub-section (1) is acquitted or discharged, the Court shall cancel the endorsement on such driving licence with regard to the suspension thereof. (4) If a driving licence in relation to a particular class or description of motor vehicles is suspended under sub-section (1), the person holding such licence shall be debarred from holding or obtaining any licence to drive such particular class or description of motor vehicles so long as the suspension of the driving licence remains in force. 22. Suspension or cancellation of driving licence on conviction.—(1) Without prejudice to the provisions of sub-section (3) of section 20 where a person, referred to in sub-section (1) of section 21 is convicted of an offence of causing, by such dangerous driving as is referred to in section 184 of any class or description of motor vehicle the death of, or grievous hurt to, one or more persons, the Court by which such person is convicted may cancel, or suspend for such period as it may think fit, the driving licence held by such person in so far as it relates to that class or description of motor vehicle. (2) Without prejudice to the provisions of sub-section (2) of section 20, if a person, having been previously convicted of an offence punishable under section 185 is again convicted of an offence punishable under that section, the Court, making such subsequent conviction, shall, by order, cancel the driving licence held by such person. (3) If a driving licence is cancelled or suspended under this section, the Court shall take the driving licence in its custody, endorse the cancellation or, as the case may be, suspension, thereon and send the driving licence so endorsed to the authority by which the licence was issued or last renewed and such authority shall, on receipt of the licence, keep the licence in its safe custody, and in the case of a suspended licence, return the licence to the holder thereof after the expiry of the period of suspension on an application made by him for such return: Provided that no such licence shall be returned unless the holder thereof has, after the expiry of the period of suspension, undergone and passed, to the satisfaction of the licensing authority by which the licence was issued or last renewed, a fresh test of competence to drive referred to in sub-section (3) of section 9 and produced a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8. 21  (4) If a licence to drive a particular class or description of motor vehicles is cancelled or suspended under this section, the person holding such a licence shall be debarred from holding, or obtaining, any licence to drive such particular class or description of motor vehicles so long as the cancellation or suspension of the driving licence remains in force. 23. Effect of disqualification order.—(1) A person in respect of whom any disqualification order is made under section 19 or section 20 shall be debarred to the extent and for the period specified in such order from holding or obtaining a driving licence and the driving licence, if any, held by such person at the date of the order shall cease to be effective to such extent and during such period. (2) The operation of a disqualification order made under section 20 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order is made, unless the appellate court so directs. (3) Any person in respect of whom any disqualification order has been made may at any time after the expiry of six months from the date of the order apply to the Court or other authority by which the order was made, to remove the disqualification; and the Court or authority, as the case may be, may, having regard to all the circumstances, either cancel or vary the disqualification order: Provided that where the Court or other authority refuses to cancel or vary any disqualification order under this section, a second application thereunder shall not be entertained before the expiry of a period of three months from the date of such refusal. 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 of 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 of 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 any 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. 22  (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. (3) A person whose driving licence has been endorsed shall, if during a continuous period of three years after such endorsement no further endorsement has been made against him, be entitled on surrendering his driving licence and on payment of a fee of five rupees, to receive a new driving licence free from all endorsements: Provided that if the endorsement is only in respect of an offence contravening the speed limits referred to in section 112, such person shall be entitled to receive a new driving licence free from such endorsements on the expiration of one year of the date of the endorsement: Provided further that in reckoning the said period of three years and one year, respectively, any period during which the said person was disqualified for holding or obtaining a driving licence shall be excluded. 1 [25A. National Register of Driving Licences.—(1) The Central Government shall maintain a National Register of Driving Licences in such form and manner as may be prescribed. (2) All State Registers of Driving Licences shall be subsumed under the National Register of Driving Licences by a date to be notified by the Central Government. (3) No driving licence issued, or renewed, under this Act shall be valid unless it has been issued a unique driving licence number under the National Register of Driving Licences. (4) All State Governments and licensing authorities under this Act shall transmit all information including contained data in the State Register of Driving Licences in such form and manner as may be prescribed by the Central Government. (5) The State Governments shall be entitled to access the National Register and update their records in such manner as may be prescribed by the Central Government.] 2 [26. Maintenance of State Registers of Driving Licences.— Each State Government shall maintain, in such form as may be prescribed by the Central Government, a register to be known as the State Register of Driving Licences, in respect of driving licences issued and renewed by the licensing authorities of the State Government, containing particulars, including— (a) names and addresses of holders of driving licences; (b) licence numbers; (c) dates of issue or renewal of licences; (d) dates of expiry of licences; (e) classes and types of vehicles authorised to be driven; and (f) such other particulars as the Central Government may prescribe.] 1. Ins. by Act 32 of 2019, s. 12 (w.e.f. 1-4-2021). 2. Subs. by s. 13, ibid., for the section 26 (w.e.f. 1-4-2021). 23  (2) Each State Government shall supply to the Central Government a 1[printed copy or copy in such other form as the Central Government may require] of the State Register of Driving Licences and shall inform the Central Government without delay of all additions to and other amendments in such register made from time to time. (3) The State Register of Driving Licences shall be maintained in such manner as may be prescribed by the State Government. 27. Power of Central Government to make rules.—The Central Government may make rules— 2 [(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;] 3 [(aa)] regarding conditions referred to in sub-section (2) of section 3; (b) providing for the form in which the application for learner’s licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8; (c) providing for the form of medical certificate referred to in sub-section (3) of section 8; (d) providing for the particulars for the test referred to in sub-section (5) of section 8; [(da) the form and manner in which a licensing authority may issue a learner’s licence under 4 sub-section (6) of section 8; (db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;] (e) providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9; (f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9; 2 [(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section (10) of section 9;] (g) specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons; (h) providing for the form and contents of the licences referred to in sub-section (1) of section 10; (i) providing for the form and contents of the application referred to in sub-section (1) of section 11 and documents to be submitted with the application and the fee to be charged; (j) providing for the conditions subject to which section 9 shall apply to an application made under section 11; 4 [(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12; (jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14; 1. Subs. by Act 54 of 1994, s. 10, for “printed copy” (w.e.f. 14-11-1994). 2. Ins. by Act 3 of 2015, s. 5 (w.e.f. 7-1-2015). 3. Clause (a) renumbered as clause (aa) thereof by s. 5, ibid. (w.e.f. 7-1-2015). 4. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019). 24  (jc) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (2) of section 11;] (k) providing for the form and contents of the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15; (l) providing for the authority to grant licences under sub-section (1) of section 18; (m) specifying the fees payable under sub-section (2) of section 8, sub-section (2) of section 9 and sub-sections (3) and (4) of section 15 for the grant of learner’s licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting instructions in driving motor vehicles; (n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19; 1 [(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub-section (1A) of section 19; (nb) providing for the nature, syllabus and duration of the driver refresher training course as referred to in sub-section (2B) of section 19;] (o) specifying the offences under this Act for the purposes of sub-section (2) of section 24; 1 [(oa) all or any of the matters referred to in section 25A;] (p) to provide for all or any of the matters referred to in 2*** section 26; (q) any other matter which is, or has to be, prescribed by the Central Government. 28. Power of State Government to make rules.—(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 27. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities; (b) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees: Provided that no fee so fixed shall exceed twenty-five rupees; (c) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor; (d) the badges and uniform to be worn by drivers of transport vehicles and the fees to be paid in respect of badges; (e) the fee payable for the issue of a medical certificate under sub-section (3) of section 8; (f) the exemption of prescribed persons, or prescribed classes of persons, from payment of all or any portion of the fees payable under this Chapter; (g) the communication of particulars of licences granted by one licensing authority to other licensing authorities; (h) the duties, functions and conduct of such persons to whom licences to drive transport vehicles are issued; (i) the exemption of drivers of road-rollers from all or any of the provisions of this Chapter or of the rules made thereunder; 3 * * * * (k) any other matter which is to be, or may be, prescribed. 1. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019). 2. The words, brackets and figure “sub-section (1) of” omitted by s. 14, ibid. (w.e.f. 1-9-2019). 3. Clause (j) omitted by s. 15 (w.e.f. 1-4-2021). 25  CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIAGES 29. Necessity for conductor’s licence.—(1) No person shall act as a conductor of a stage carriage unless he holds an effective conductor’s licence issued to him authorising him to act as such conductor; and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage. (2) A State Government may prescribe the conditions subject to which sub-section (1) shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act as a conductor for a period not exceeding one month. 30. Grant of conductor’s licence.—(1) Any person who possesses such minimum educational qualification as may be prescribed by the State Government and is not disqualified under sub-section (1) of section 31 and who is not for the time being disqualified for holding or obtaining a conductor’s licence may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business for the issue to him of a conductor’s licence. (2) Every application under sub-section (1) shall be in such form and shall contain such information as may be prescribed. (3) Every application for a conductor’s licence shall be accompanied by a medical certificate in such form as may be prescribed, signed by a registered medical practitioner and shall also be accompanied by two clear copies of a recent photograph of the applicant. (4) A conductor’s licence issued under this Chapter shall be in such form and contain such particulars as may be prescribed and shall be effective throughout the State in which it is issued. (5) The fee for a conductor’s licence and for each renewal thereof shall be one-half of that for a driving licence. 31. Disqualifications for the grant of conductor’s licence.—(1) No person under the age of eighteen years shall hold, or be granted, a conductor’s licence. (2) The licensing authority may refuse to issue a conductor’s licence— (a) if the applicant does not possess the minimum educational qualification; (b) if the medical certificate produced by the applicant discloses that he is physically unfit to act as a conductor; and (c) if any previous conductor’s licence held by the applicant was revoked. 32. Revocation of a conductor’s licence on grounds of disease or disability.—A conductor’s licence may at any time be revoked by any licensing authority if that authority has reasonable grounds to believe that the holder of the licence is suffering from any disease or disability which is likely to render him permanently unfit to hold such a licence and where the authority revoking a conductor’s licence is not the authority which issued the same, it shall intimate the fact of such revocation to the authority which issued that licence: Provided that before revoking any licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard. 33. Orders refusing, etc., conductor’s licences and appeals therefrom.—(1) Where a licensing authority refuses to issue or renew, or revokes any conductor’s licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation. (2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. 26  34. Power of licensing authority to disqualify.—(1) If any licensing authority is of opinion that it is necessary to disqualify the holder of a conductor’s licence for holding or obtaining such a licence on account of his previous conduct as a conductor, it may, for reasons to be recorded, make an order disqualifying that person for a specified period, not exceeding one year, for holding or obtaining a conductor’s licence: Provided that before disqualifying the holder of a licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard. (2) Upon the issue of any such order, the holder of the conductor’s licence shall forthwith surrender the licence to the authority making the order, if the licence has not already been surrendered, and the authority shall keep the licence until the disqualification has expired or has been removed. (3) Where the authority disqualifying the holder of a conductor’s licence under this section is not the authority which issued the licence, it shall intimate the fact of such disqualification to the authority which issued the same. (4) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. 35. Power of Court to disqualify.—(1) Where any person holding a conductor’s licence is convicted of an offence under this Act, the Court by which such person is convicted may, 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 for holding a conductor’s licence. (2) The Court to which an appeal lies from any conviction of an offence under this Act may set aside or vary any order of disqualification made by the Court below, and the Court to which appeals ordinarily lie from such Court, may set aside or vary any order of disqualification made by that Court, notwithstanding that no appeal lies against the conviction in connection with which such order was made. 36. Certain provisions of Chapter II to apply to conductor’s licence.—The provisions of sub-section (2) of section 6, sections 14, 15 and 23, sub-section (1) of section 24 and section 25 shall, so far as may be, apply in relation to a conductor’s licence, as they apply in relation to a driving licence. 37. Savings.—If any licence to act as a conductor of a stage carriage (by whatever name called) has been issued in any State and is effective immediately before the commencement of this Act, it shall continue to be effective, notwithstanding such commencement, for the period for which it would have been effective, if this Act had not been passed, and every such licence shall be deemed to be a licence issued under this Chapter as if this Chapter had been in force on the date on which that licence was granted. 38. Power of State Government to make rules.—(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities under this Chapter; (b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may be exempted from the provisions of sub-section (1) of section 29; (c) the minimum educational qualifications of conductors; their duties and functions and the conduct of persons to whom conductor’s licences are issued; (d) the form of application for conductor’s licences or for renewal of such licences and the particulars it may contain; (e) the form in which conductor’s licences may be issued or renewed and the particulars it may contain; 27  (f) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor; (g) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees: Provided that no fee so fixed shall exceed twenty-five rupees; (h) the badges and uniform to be worn by conductors of stage carriages and the fees to be paid in respect of such badges; (i) the grant of the certificates referred to in sub-section (3) of section 30 by registered medical practitioners and the form of such certificates; (j) the conditions subject to which, and the extent to which, a conductor’s licence issued in another State shall be effective in the State; (k) the communication of particulars of conductor’s licences from one authority to other authorities; and (l) any other matter which is to be, or may be, prescribed. CHAPTER IV REGISTRATION OF MOTOR VEHICLES 39. Necessity for registration.—No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner: Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government. 40. Registration, where to be made.—Subject to the provisions of section 42, section 43 and section 60, every owner of a motor vehicle shall cause the vehicle to be registered by 1[any registering authority in the State] in whose jurisdiction he has the residence or place of business where the vehicle is normally kept. 41. Registration, how to be made.—(1) An application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government: Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act. 2 [Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.] (2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by the Central Government. (3) The registering authority shall issue 3[a certificate of registration in the name of the owner] in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. 1. Subs. by Act 32 of 2019, s. 16, for “a registering authority” (w.e.f. 1-9-2019). 2. Ins. by s. 17, ibid. (w.e.f. 1-4-2021). 3. Subs. by s. 17, ibid., for “to the owner of a motor vehicle registered by it a certificate of registration” (w.e.f.