Motor Vehicles Act Section 25 — Transfer of endorsement and issue of driving licence free from endorsement
CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES
Civil
Summary
Sub-section (1) states that any endorsement on a driving licence must be carried over to a new or duplicate licence the holder obtains, until the holder becomes entitled under this section to get a licence without any endorsements.
Sub-section (2) deals with cases where a licence needs an endorsement but the licence is not with the court or authority making the endorsement. Under clause (a), if the person concerned holds a driving licence at that time, they must produce it to the court or authority within five days, or within any longer period the court or authority sets. Under clause (b), if the person does not hold a licence at that time but later obtains one, they must produce that new licence to the court or authority within five days of getting it. If the licence is not produced within the specified time, it becomes ineffective once that time expires, and stays ineffective until it is produced for the purpose of endorsement.
Sub-section (3) says that a person whose licence has been endorsed is entitled, if no further endorsement is made against them during a continuous period of three years after that endorsement, to surrender their licence and pay a fee of five rupees to receive a new licence free from all endorsements. The first proviso adds that if the endorsement is only for an offence of contravening speed limits under section 112, the person is entitled to a new licence free from such endorsements after one year from the date of the endorsement. The second proviso states that when calculating the three-year or one-year period, any time during which the person was disqualified from holding or obtaining a driving licence is excluded.
Official Text
(1) An endorsement on any driving licence shall be transferred to any new or duplicate driving licence obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a driving licence issued to him free from endorsement.
(2) Where a driving licence is required to be endorsed and the driving licence is not in the possession of the Court or authority by which the endorsement is to be made, then—
(a) if the person in respect of whom the endorsement is to be made is at the time the holder of a driving licence, he shall produce the driving licence to the Court or authority within five days, or such longer time as the Court or authority may fix; or
(b) if, not being then the holder of a driving licence, he subsequently obtains a driving licence, he shall within five days after obtaining the driving licence produce it to the Court or authority, and if the driving licence is not produced within the time specified, it shall, on the expiration of such time, be of no effect until it is produced for the purpose of endorsement.
(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.