Whoever engages himself as an agent or canvasser in contravention of the provisions of section 93 or of any rules made thereunder shall be punishable for the first offence with a fine which may extend to one thousand rupees and for any second or subsequent offence with imprisonment which may extend to six months, or with a fine which may extend to two thousand rupees, or with both.
Simplified Explanation
Section 193 of the Motor Vehicles Act deals with the punishment of agents and canvassers who operate without proper authority or legal authorization. This section targets individuals or entities who solicit passengers or goods for motor vehicles (typically in the commercial transport sector) without having the necessary permits or approvals from transport authorities.
Overview of Section 193
This section focuses on penalizing:
- Agents and canvassers who engage in the business of soliciting passengers or goods without the proper legal authority.
- Those who facilitate or arrange transport services without complying with the rules and regulations under the Motor Vehicles Act.
Key Elements of Section 193
- Illegal Solicitation of Passengers or Goods:
- The section prohibits agents, canvassers, or any individual from engaging in the business of soliciting passengers or goods for transport vehicles unless they have the proper authority or permits required under the law.
- This applies to individuals or businesses that work to connect passengers with transport vehicles (e.g., buses, taxis) or arrange for the transportation of goods using motor vehicles (e.g., freight or logistics services).
- Requirement for Proper Authority:
- To legally act as an agent or canvasser for transport vehicles, an individual or entity must have proper licensing or authorization from the relevant transport authorities.
- These permits ensure that agents and canvassers operate within the legal framework, comply with safety regulations, and are accountable for their actions in arranging transport services.
- Penalties for First-Time Offenders:
- For individuals found to be acting as an agent or canvasser without proper authority, the penalties include:
- A fine of up to ₹1,000 for the first offence.
- This penalty applies to anyone found guilty of facilitating the solicitation of passengers or goods without the required approval from transport authorities.
- For individuals found to be acting as an agent or canvasser without proper authority, the penalties include:
- Penalties for Subsequent Offences:
- For subsequent violations of this section, the penalties increase, and the offender may face:
- Imprisonment for up to six months, or
- A fine of up to ₹2,000, or
- Both imprisonment and a fine.
- The increased penalties for repeat offenders aim to deter illegal activities and ensure that agents and canvassers comply with the law.
- For subsequent violations of this section, the penalties increase, and the offender may face:
- Scope of Application:
- This section applies to both individuals and business entities that attempt to solicit passengers or goods for transport services without proper authority.
- It ensures that only authorized agents and canvassers operate in the transportation industry, which helps maintain order, safety, and regulatory compliance.
- Ensuring Regulatory Compliance:
- By requiring agents and canvassers to be licensed or authorized, the section helps regulate the commercial transportation industry, ensuring that only qualified individuals or entities can facilitate transport services.
Practical Implications
- Deterring Unauthorized Solicitation: Section 193 serves as a deterrent to those attempting to operate as agents or canvassers without proper authorization, ensuring that transport services are arranged in a legal and regulated manner.
- Ensuring Legal Compliance: By requiring proper authority, this section ensures that individuals or businesses in the transport sector comply with legal and safety requirements. It helps prevent unregulated transport operations that could lead to unsafe or illegal practices.
- Promoting Order in the Transport Sector: The section ensures that only those with the necessary permits and qualifications can arrange for the transportation of passengers and goods, thereby preventing chaos and exploitation in the transportation industry.
- Consumer Protection: By regulating who can act as an agent or canvasser, this section helps protect passengers and goods owners from unqualified or unscrupulous operators who may engage in fraudulent or unsafe practices.
- Penalties for Repeat Offenders: The escalating penalties for repeat offenders encourage compliance and prevent habitual offenders from continuing illegal activities in the transportation industry.
Conclusion
Section 193 of the Motor Vehicles Act establishes penalties for agents and canvassers who operate without proper authority in the transport sector. By imposing fines and potential imprisonment, this section ensures that only those with the necessary permits and approvals can solicit passengers or goods for transportation. It promotes legal compliance, order, and consumer protection within the transportation industry. This provision helps maintain the integrity and safety of transport services by deterring unauthorized operators from engaging in illegal solicitation practices.
