Page 94 - The Motor Vehicles Act, 1988

80 THE MOTOR VEHICLES ACT, 1988 SECTION 93

(5) A State Government may prescribe the circumstances under which and the
period during which the driver of a vehicle although not engaged in work is required to
remain on or near the vehicle may be deemed to be an interval for rest within the meaning
of sub-section (1).
92. Voidance of contracts restrictive of liability
1
Any contract for the conveyance of a passenger in a [transport vehicle, in respect
of which a permit or licence] has been issued under this Chapter, shall, so far as it
purports to negative or restrict the liability of any person in respect of any claim made
against that person in respect of the death of, or bodily injury to, the passenger while
being carried in, entering or alighting from the vehicle, or purports to impose any
conditions with respect to the enforcement of any such liability, be void.
93. 2 [Agent or canvasser or aggregator to obtain licence]
(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 customers for such vehicles,
(ii) as an agent in the business of collecting, forwarding or distributing goods
carried by goods carriages, or
3 [(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:
3 [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;

1. Substituted for “stage carriage or contract carriage, in respect of which a permit” by the Motor
Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-9-2019 vide SO 3110(E), dt. 28-8-2019.
2. Substituted for “Agent or canvasser to obtain licence” by the Motor Vehicles (Amdt.) Act, 2019
(32 of 2019), dt. 9-8-2019, w.e.f. 27-11-2020 vide SO 4251(E), dt. 26-11-2020.
3. Inserted, ibid.