Motor Vehicles Act Section 93 — 1[Agent or canvasser or aggregator to obtain licence.]
CHAPTER V CONTROL OF TRANSPORT VEHICLES
Civil
Summary
Sub-section (1) states that no person may work as an agent or canvasser selling tickets for public service vehicles or otherwise seeking customers for such vehicles, as an agent in the business of collecting, forwarding, or distributing goods carried by goods carriages, or as an aggregator, unless they have obtained a licence from the prescribed authority and follow the conditions set by the State Government. The first proviso to this sub-section says that when issuing a licence to an aggregator, the State Government may follow guidelines issued by the Central Government. The second proviso requires every aggregator to comply with the Information Technology Act, 2000 and its rules and regulations.
Sub-section (2) lists the matters that the conditions referred to in sub-section (1) may cover. Under clause (a), this includes the period for which a licence may be granted or renewed. Under clause (b), it includes the fee payable for issuing or renewing the licence. Under clause (c), it includes the deposit of security, with sub-clause (i) specifying a sum not exceeding fifty thousand rupees for an agent in the goods carriage business, and sub-clause (ii) specifying a sum not exceeding five thousand rupees for any other agent or canvasser, along with the circumstances under which the security may be forfeited. Under clause (d), it includes the provision by the agent of insurance for goods in transit. Under clause (e), it includes the authority by which and the circumstances under which the licence may be suspended or revoked. Under clause (f), it includes such other conditions as may be prescribed by the State Government.
Sub-section (3) makes it a condition of every licence that no agent or canvasser holding the licence may advertise in any newspaper, book, list, classified directory, or other publication unless the advertisement contains the licence number, the date of expiry of the licence, and the particulars of the authority that granted the licence.
Official Text
(1) No person shall engage himself—
(i) as an agent or a canvasser, in the sale of tickets for travel by public service vehicles or in otherwise soliciting custom for such vehicles; or
(ii) as an agent in the business of collecting, forwarding or distributing goods carried by goods carriages; 2[
(iii) as an aggregator,] unless he has obtained a licence from such authority and subject to such conditions as may be prescribed by the State Government. 2[Provided that while issuing the licence to an aggregator the State Government may follow such guidelines as may be issued by the Central Government: Provided further that every aggregator shall comply with the provisions of the Information Technology Act, 2000 (21 of 2000) and the rules and regulations made thereunder.]
(2) The conditions referred to in sub-section (1) may include all or any of the following matters, namely:—
(a) the period for which a licence may be granted or renewed;
(b) the fee payable for the issue or renewal of the licence;
(c) the deposit of security—
(i) of a sum not exceeding rupees fifty thousand in the case of an agent in the business of collecting, forwarding or distributing goods carried by goods carriages;
(ii) of a sum not exceeding rupees five thousand in the case of any other agent or canvasser, and the circumstances under which the security may be forfeited;
(d) the provision by the agent of insurance of goods in transit;
(e) the authority by which and the circumstances under which the licence may be suspended or revoked;
(f) such other conditions as may be prescribed by the State Government.
(3) It shall be a condition of every licence that no agent or canvasser to whom the licence is granted shall advertise in any newspaper, book, list, classified directory or other publication unless there is contained in such advertisement appearing in such newspapers, book, list, classified directory or other publication the licence number, the date of expiry of licence and the particulars of the authority which granted the licence.