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Section 36: Certain provisions of Chapter II to apply to conductors licence

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Section 35 All 217 Sections of Motor Vehicles Act Section 37

Legal Commentary & Landmark Judgments: Section 36

Section 36 of the Motor Vehicles Act, 1988 incorporates by reference key procedural, endorsement, and administrative provisions of Chapter II (driver licensing) and applies them mutatis mutandis to conductor's licences.

  • Statutory Incorporation by Reference: Makes sections 6 (restrictions on holding licences), 14 (currency of licences), 15 (renewal), 23 (effect of disqualification), 24 (endorsement), and 25 (clean licences) applicable to conductors.
  • Singularity and Surrender: Prohibits holding more than one conductor's licence concurrently, applying the Section 6 bar and nullifying duplicate licences.
  • Endorsement and Renewal Mechanics: Endorsements of convictions on conductors' licences and their subsequent transfer upon renewal operate under the identical legal rules governing driving licences.
Key Landmark Precedents:
  • U.P. State Road Transport Corporation v. Mohd. Ismail (1991) 3 SCC 239: The Supreme Court analyzed the statutory parallels between driver and conductor licensing, holding that the statutory standards of fitness, discipline, and renewal in Chapter II apply fully to conductors via Section 36.
  • Mahindra and Mahindra Financial Services Ltd. v. State of U.P. (2022) 5 SCC 525: Recognized that statutory provisions incorporating other sections mutatis mutandis must be given full harmonious effect to prevent legislative gaps.
Courtroom Practice & Strategic Litigation Guidance:

In proceedings regarding conductor licence renewal, duplicate issuance, or currency disputes, refer directly to Chapter II jurisprudence. Principles governing Section 15 licence renewals (e.g. 30-day grace periods) apply with equal force to conductors by virtue of Section 36.

Section 35 All 217 Sections of Motor Vehicles Act Section 37