Clause 12

Where a driving licence is granted to a person who has just passed the prescribed test of competence to drive or to a person who meets the requirements of section 36(2), the Deputy Commissioner of Police may revoke such a licence if within a period of 12 months from the date of the grant of the licence, that person’s record (as kept by the Deputy Commissioner of Police) as a driver of motor vehicles or his conduct or habits as such driver establishes that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.(2) For the purpose of establishing that it would not be in the interests of public safety for a person to hold a valid driving licence or that such person is not competent to drive a motor vehicle, the Minister may make rules establishing a system of awarding points against a person for the commission of an offence under this Act or the rules.(3) The rules made under subsection (2) shall specify the maximum number of points to be awarded against a person before it may be established that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.(4) The power conferred upon the Deputy Commissioner of Police by this section to revoke the driving licence of a person may be exercised at such time as the Deputy Commissioner of Police thinks fit after the maximum number of points, referred to in subsection (3), has been awarded against such person.(5) Where the points awarded against a person under the rules made under subsection (2) reach 50% of the maximum number at which the Deputy Commissioner of Police may revoke the driving licence of such person under this section, the Deputy Commissioner of Police shall give notice thereof in writing to the person.(6) Where a person is disqualified by an order of a court from holding or obtaining a driving licence for such period of time as may be specified in the order, every point awarded against him under the rules made under subsection (2) shall thereupon be cancelled.(7) Where a holder of a valid driving licence commits on a single occasion more than one offence under this Act or the rules, points shall be awarded against him only for the offence committed by him and in respect of which the largest number of points may be awarded against a person.(8) For the purposes of this section, a person shall be deemed to have committed an offence under this Act or the rules if he pays the prescribed penalty for that offence under section 132.Licensee may show cause why driving licence should not be revoked35B.—

The Deputy Commissioner of Police shall, before revoking a driving licence of a person under section 35A, give the person concerned notice in writing of his intention to do so, specifying a date, not less than 14 days after the date of the notice, upon which such revocation shall be made and calling upon the person to show cause to the Deputy Commissioner of Police why such driving licence should not be revoked.(2) Upon the person failing to show cause within the period referred to in subsection (1) and if the Deputy Commissioner of Police decides to revoke the driving licence of such person pursuant to section 35A, the Deputy Commissioner of Police shall forthwith inform the person by notice in writing of the revocation.(3) A person may, within 14 days of the receipt of the notice referred to in subsection (2), or within such extended period of time as the Minister may allow, appeal in writing against the revocation to the Minister whose decision shall be final.(4) An order of revocation under section 35A shall not take effect until the expiration of a period of 14 days after the Deputy Commissioner of Police has informed the person concerned of the order.(5) If within that period the person concerned appeals to the Minister, the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.Surrender of driving licence35C.—

The Deputy Commissioner of Police shall, upon revoking a licence under section 35A, require the licence to be surrendered to and retained by him.(2) Any person whose driving licence has been revoked under section 35A shall forthwith surrender the driving licence to the Deputy Commissioner of Police.(3) Any person whose driving licence has been revoked under section 35A shall not drive a motor vehicle on a road under any other driving licence granted by any authority or otherwise.(4) Any person who drives a motor vehicle on a road when his driving licence is revoked under section 35A shall be guilty of an offence.”.