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Section 37: Savings

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Section 36 All 217 Sections of Motor Vehicles Act Section 38

Legal Commentary & Landmark Judgments: Section 37

Section 37 of the Motor Vehicles Act, 1988 is a transitional savings clause preserving the legal validity and operational currency of conductors' licences granted under the repealed Motor Vehicles Act, 1939.

  • Preservation of Vested Licensing Rights: Conductor's licences issued under the 1939 Act prior to the commencement of the 1988 Act remain fully valid and effective for the unexpired period specified therein.
  • Subject to New Regulatory Standards: Although granted under the repealed law, such preserved licences become subject to the disciplinary, disqualification, and renewal provisions of the 1988 Act.
  • Transitional Continuity: Prevents administrative chaos and mass disenfranchisement of transport conductors upon the statutory transition from Act 4 of 1939 to Act 59 of 1988.
Key Landmark Precedents:
  • Bansidhar v. State of Rajasthan (1989) 2 SCC 557: The Supreme Court held that saving clauses protect acquired and accrued rights under repealed enactments unless an express legislative intention to the contrary appears.
  • State of Punjab v. Mohar Singh AIR 1955 SC 84: Foundational precedent establishing that repeal of a statute does not obliterate vested rights, which continue under the savings mechanism of the successor enactment.
Courtroom Practice & Strategic Litigation Guidance:

In legacy disputes involving long-serving public transport conductors facing challenges to initial licensing certificates, invoke Section 37 to establish that licences granted under the 1939 Act enjoy continuous statutory legitimacy and need not be re-examined ab initio.

Section 36 All 217 Sections of Motor Vehicles Act Section 38