Transfer of endorsement and issue of driving licence free from endorsement
21. (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 at the time 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 since the last endorsement was made no further order of endorsement has been made against him, be entitled on surrendering his driving licence and on payment of a fee of [thirty five Taka] to receive a new driving licence free from all endorsements. If the endorsement was only in respect of exceeding a speed limit, he shall be entitled to have a clean driving licence issued on the expiration of one year from the date of the order:
Provided 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.
(4) When a driving licence is endorsed by or an order of endorsement is made by any Court, the Court shall send particulars of the endorsement or order, as the case may be, to the licensing authority by which the driving licence was last renewed and to the licensing authority which granted the driving licence.
(5) Where the holder of a driving licence is disqualified by the order of any Court for holding or obtaining a driving licence, the Court shall take possession of the driving licence and forward it to the licensing authority by which it was granted or last renewed and that authority shall keep the driving licence until the disqualification has expired or has been removed and the person entitled to the licence has made a demand in writing for its return to him:
Provided that, if the disqualification is limited to the driving of a motor vehicle of a particular class or description, the Court shall endorse the driving licence to this effect and shall send a copy of the order of disqualification to the licensing authority by which the driving licence was granted and shall return the driving licence to the holder.
(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 last renewed and the licensing authority which granted the driving licence, and shall amend or cause to be amended the endorsement of such conviction or order.