BACK TO MVA INDEX
MVA 1988 (Amended 2019)ORIGINALChapter II
Section 21-22
Suspension and Cancellation of Driving Licence on Conviction; Effect of Disqualification Order
Licensing of Drivers of Motor Vehicles
Fine: N/ACompoundable: N/AEndorsement: Yes
BARE ACT PROVISION
Legal Text
Section 21: Where a licence has been suspended or a person has been disqualified from holding or obtaining a driving licence, such person shall surrender his licence to the court or authority making the order, who shall forward the same to the licensing authority by whom the licence was issued. Section 22: The disqualification of a person for holding or obtaining a driving licence under sections 19 or 20 shall have effect throughout India.
Simplified Explanation
Section 21 requires physical surrender of the driving licence when it is suspended or when the holder is disqualified — the licence card must be handed to the court or authority making the order, which then forwards it to the issuing RTO. This prevents the disqualified person from continuing to use the physical card to misrepresent their driving status. Section 22 establishes the all-India effect of disqualification orders — whether ordered by an RTO in Delhi or a court in Chennai, the disqualification applies throughout India. This national reach is enforced through the Sarathi portal's disqualification register, which all RTOs can access. Together, Sections 21 and 22 close the loopholes that previously allowed disqualified drivers to obtain replacement licences from different states.
Historical Context
Before computerisation, the national enforcement of disqualification orders was largely theoretical — disqualified drivers could and did obtain licences from different states. The Sarathi portal's centralised database has substantially addressed this enforcement gap.Critical Changes
Sarathi portal's national disqualification register makes Section 22's all-India effect practically enforceable.
Digital licence revocation can be executed centrally, without physical card surrender.
Practical Scenarios
"A driver disqualified by a Mumbai court — must surrender licence and cannot legally drive anywhere in India."
Common Queries
Yes — Section 22 explicitly provides that disqualification under Sections 19 or 20 has effect throughout India. A disqualified person cannot obtain a fresh licence from another state's RTO.