Section 29: Necessity for conductors licence

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 29

Section 29 of the Motor Vehicles Act, 1988 mandates that no person shall act as a conductor of a stage carriage in a public place unless holding an effective conductor's licence, and prohibits transport operators from employing unlicensed conductors.

  • Mandatory Conductor Licensing: Section 29(1) bars any person from functioning as a conductor of a stage carriage in any public place without an effective conductor's licence issued by a competent licensing authority.
  • Prohibition on Employers and Transport Undertakings: Section 29(2) makes it unlawful for any transport operator, fleet owner, or State Road Transport Corporation to employ or permit any person to act as a conductor who does not possess a valid conductor's licence.
  • Temporary Emergency Exception: Under Section 29(3), in circumstances where a conductor is unexpectedly incapacitated during transit, an unlicensed person may act as a conductor for a period not exceeding one month, subject to prescribed notification.
Key Landmark Precedents:
  • U.P. State Road Transport Corporation v. Mohd. Ismail (1991) 3 SCC 239: The Supreme Court analyzed the statutory role and qualification of stage carriage conductors under Section 29, holding that public transport undertakings are bound to enforce statutory licensing requirements for commuter safety.
  • K.S.R.T.C. v. B.S. Hullikatti (2001) 2 SCC 574: Held that a bus conductor occupies a position of fiduciary trust regarding public revenue collection and passenger safety, and statutory licensing standards under Chapter III must be rigorously upheld.
Courtroom Practice & Strategic Litigation Guidance:

In claims arising from passenger injuries during boarding or alighting from stage carriages (e.g. passenger falling from moving bus due to premature whistle), verify whether the conductor held an active Section 29 licence. Absence of a qualified licensed conductor establishes operational negligence against the bus owner/corporation, proving failure to provide passenger safety.