(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,
unless he has obtained a licence from such authority and subject to such conditions as may be prescribed by the State Government.
(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 the licence number, the date of expiry of the licence, and the particulars of the authority which granted the licence.
Simplified Explanation
Section 93 of the Motor Vehicles Act specifies that agents or canvassers involved in the business of procuring orders for transport vehicles, whether for goods or passengers, must obtain a proper license. This provision ensures that those involved in the solicitation and sale of transportation services operate legally and maintain a standard of professionalism and accountability.
Key Aspects of Section 93
- Licensing Requirement: Individuals or entities acting as agents or canvassers for the sale or booking of transport vehicles are required to have a valid license issued by the competent authority. This license verifies that they meet the necessary qualifications and adhere to regulatory standards.
- Scope of Activity: The section covers a broad range of activities, including soliciting orders for transportation services, negotiating contracts, and collecting fares or freights on behalf of transport operators.
- Application Process:
- Documentation: Applicants must submit specific documents that may include personal identification, proof of address, and details of their employment or business operations.
- Fees: A fee is usually required with the application, and the amount can vary depending on the jurisdiction and the type of services offered.
- Regulatory Oversight:
- Background Checks: Authorities conduct background checks to ensure applicants do not have a criminal history that could impact their suitability for the role.
- Professional Standards: Applicants may be required to demonstrate knowledge of the transport industry and customer service skills.
Conditions and Validity
- Duration of License: The license is typically valid for a specified period after which it must be renewed. The validity period ensures that agents and canvassers continue to meet the regulatory requirements over time.
- Renewal and Cancellation: Licenses must be renewed periodically by submitting a renewal application along with the required fee. Licenses can be cancelled or suspended if the holder fails to comply with the terms, engages in fraudulent activities, or violates transport regulations.
Legal and Regulatory Implications
- Accountability: Licensing creates a system of accountability, ensuring that agents and canvassers operate transparently and in the best interests of their clients.
- Consumer Protection: By regulating agents and canvassers, the law protects consumers from fraudulent and unethical practices, enhancing trust in the transport sector.
Impact on Stakeholders
- For Agents and Canvassers: They gain legitimacy and trust by holding a license, which can enhance their business opportunities and relationships with transport operators.
- For Transport Operators: Working with licensed agents ensures that their services are marketed and sold by professionals who adhere to legal standards.
- For Customers: Customers benefit from the assurance that they are dealing with licensed professionals who are accountable for their actions.
Section 93 of the Motor Vehicles Act plays a crucial role in regulating the conduct of intermediaries in the transport industry, promoting ethical business practices, and protecting the interests of both consumers and service providers.
