Section 17 in The Motor Vehicles Act, 1939

17. 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 section, In addition to imposing any other punishment authorized by law, declare the person so convicted to be disqualified, for such period as the Court may specify, for holding any 2[ driving licence] or for holding a 2[ driving licence] to drive a particular class or description of vehicle.

(2) A Court shall not order the disqualification of an offender convicted for the first or second time of an offence punishable under section 115.

(3) A Court shall order the disqualification of an offender convicted of an offence punishable under section 117, and such disqualification shall be for a period of not less than six months.

(4) A Court shall order the disqualification of an offender convicted of an offence against the provisions of clause (c) of subsection (1) of section 87 or of section 89, and such disqualification shall be for a period of not less than one month.

(5) A Court shall, unless for special reasons to be recorded in writing it thinks fit to order otherwise,, order the disqualification of an offender-

(a) who having been convicted of an offence punishable under section 116 is again convicted of an offence punishable under that section,

1. Subs. by Act 56 of 1969, s. 7, for" a transport vehicle" (w. e. f. 2- 3- 1970 ).

2. Subs. by Act 100 of 1956, s. 16. for" licence" (w. e. f. 16- 2- 1957 ).

3. Inserted by Act 47 of 1978, s. 7 (w. e. f. 16. 1. 1979 ).

(b) who is convicted of an offence punishable under section 120; or

(c) who is convicted of an offence punishable under section 123: Provided that the period of disqualification shall not exceed 3[ 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.

(6) A Court ordering the disqualification of an offender convicted of an offence punishable under section 116 may direct that the offender shall, whether he has previously passed the test of com- petence to drive specified in the Third Schedule or not, remain dis- qualified until he has subsequent to the making of the order of dis- qualification passed that test to the satisfaction of the licensing authority.

(7) The Court to which an appeal lies from any conviction of an offence of the nature specified In sub- section (1) may set aside. or vary any, order of disqualification made by the Court below, and the Court to which appeals ordinarily lie from any 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.