297.

Special provisions regarding licensing of agents engaged in the business of collecting,

forwarding and distributing of goods carried by public carriers :- (1) In this rule, unless the context
otherwise requires;
(a) agent, means any person who engages directly or indirectly in business of:
(i) collecting;
(ii) forwarding and distributing; and
(iii)Collecting, forwarding and distributing goods carried by any public carrier;
(b) Agents Licence means a Licence granted under sub-rule (3) ;
(c) Collecting Agent means a person Licenced to do the business of collecting goods-carried by any public
carrier;
(d) Collecting and Forwarding Agent means a person Licenced to do the business of collecting, forwarding
and distributing goods carried by any public carrier ;
(e) Forwarding Agent means a person Licenced to do the business of forwarding and distributing goods
carried by any public carrier ;
(f) Licensing Authority, means the Secretary, Regional Transport Authority of the Regional in which the
applicant intends to carry on the business.
(2) No person shall act as an agent unless he holds a valid Licence in Form L.Ag. granted by the licensing
authority authorizing the carrying on of such business.
(3)(a) Any person desiring to obtain a Licence for carrying on any business referred to in Clause (a) of subrule(i) or for renewing such Licence may make an application to the licensing authority in Form L.Ag. A or
Form L.Ag. R. A. as the case may be ;
(b) The application for grant or renewal shall be accompanied by a fee of Rs. 1,000/- (Rupees one thousand
only).
(c) On receipt of an application, the licensing authority, shall having regard, among other things, to the
following matters, namely:
(i) The number of goods vehicles either owned by the applicant or under his control;
(ii) The suitability of accommodation possessed by the applicant for the storage of goods;
(iii) The facilities, if any, provided by the applicant for packing the goods vehicles; and
(iv) The Financial resources of the applicant and his ability to manage the business efficiently either grant or
renew or refuse to grant or renew the Licence.
(4)(a) For ensuring proper compliance with the conditions mentioned in sub-rule (7), the licensing authority
shall before granting a Licence, direct the applicant to furnish a deposit(non-interest bearing) by way of
security which shall be credited into a Treasury to a separate Head of account namely, (a) Deposits and
Advances, (b) Deposits not bearing interest 843, Civil Deposits, M.H. 06 Security Deposits at the rate given
below :TABLE

Number of Offices including

Principal place of business Amount of Security Deposit
(1) (2)
(1) One
(2) Two to nine
(3) Ten to twenty
(4) More than twenty Rs.1,000/Rs. 4,000/Rs.8,000/Rs.10,000/Provided that the existing Licence holders shall pay the amount of security at the time of renewal excluding
the security amount already deposited.
(b) The licensing authority may at his discretion order forfeiture in whole or part the security for
contravention of any of the provisions of the rule or for breach of any of the conditions of the Licence by
Licencee:
Provided that no forfeiture shall be made unless the Licencee has been given an opportunity to represent his
case and of being heard.
(5)(a) An agents Licence shall where the holder thereof is Licenced to act only as forwarding agent or as a
collecting agent, specify that fact clearly;
(b) An agents Licence shall not be transferred;
(c) No agents Licence shall authorise a person to act as such agent unless he has adequate facilities to load
and unload goods at the premises approved by the licensing authority under this rule.
(6)(a) An agents Licence shall be valid for a period of three years from the date of its grant or renewal;
(b) It may be renewed on an application made to the licensing authority not less than thirty days before the
date of its expiry;
(c) The renewal of Licence shall be by the endorsement of the renewal thereof by the licensing authority on
the original Licence.
(7) An agents Licence shall be subject to the following conditions, namely:(a) That the Licencee shall subject to the provisions of sub-rule (10) provide places for loading and unloading of goods;
(b) That the Licencee shall be responsible for proper arrangement for storage of goods collected for dispatch
and delivery ;
(c) That, where he is authorised to forward and distribute goods and Licencee:
(i) shall be responsible for proper delivery of the goods to the consignee;

(ii) shall be liable to indemnify the consignee for any loss or damage to goods while in his control or
possession but not for loss or damage due to an act of God or as natural calamity or due to inherent defect
of goods or for reasons beyond his control ;
(iii) shall not issue a goods transport receipt without having actually received the goods ;
(iv) shall not deliver the goods to the consignee without actually receiving from the consignee a goods
transport receipt, or if the receipt is lost or misplaced an indemnity bond covering the value of the goods
(d) That the Licencee shall insure the goods against any loss or damage while in his control or possession :
(e) That the Licencee shall maintain a proper record of the vehicle under his control and of the collection,
dispatch and delivery of goods which shall be open for inspection by the licensing authority or by any person
duly authorized in this behalf by such authority and shall furnish to the licensing authority by the 31st March
every year a return in respect of the previous calendar year in Form A.R. Ag ;
(f) That the Licencee shall not charge any commission exceeding that prescribed by the licensing authority
under sub-rule (9) form the permit holder;
(g) That the Licencee shall furnish the operators with correct figures of the freight receivable by them from
the consignee or the consignees;
(h) That the Licencee shall maintain proper accounts of the commission charged by him and have the same
audited by qualified auditors annually when the gross income exceeds rupees twenty five thousands, per
annum and such accounts shall be open for inspection on demand by any officer authorized by the licensing
authority either at the premises of the Licencee or at any other place to be specified;
(i) That the Licencee shall ensure that the goods vehicles under his control have valid permits for routes on
which the vehicles have to ply and that they are not used for any illegal authority;
(j) That the Licencee shall maintain in good condition a weighing devise capable of weighing at a time not
less than 226 K.G;
(k) That the Licencee shall attend to customers in the order in which they approach him:
Provided that customers in respect of such perishable goods as may be notified by the State Government in
the Official Gazette shall be given priority over other customers and shall be attended to in the order in
which they approach the Licencee.
(l) That the Licencee shall assign the available traffic among the operators in the order in which they have
approached him and shall maintain a register chronologically recording particulars of the available traffic and
the waiting operators;
(m) That the Licencee shall comply with the provisions of these rules and shall observe such conditions as
the licensing authority may specify in the Licence ;
(n) That the licensing authority may, at his discretion order forfeiture in whose or part of the security for
contravention of any of these rules or for breach of any of the aforesaid conditions by the Licencee;
(o) That the licensing authority may after giving notice of not less than one month in writing either vary the
conditions of the Licence or attach to the Licence further conditions:
Provided that in the case of an agent who merely acts as intermediary between the consignor and the
operator with no responsibility either for receiving goods at the one end or delivering them to the consignors
at the end, the provisions of Clauses (a), (b), (c), (d), (e), (f), (i) and (o) shall not apply.

(8) All contracts entered into by the Licencee for the purpose of collecting, forwarding and distributing goods
or collecting goods, or forwarding and distributing goods, as the case may be, shall be in writing and shall
contain the following particulars ;
(i) name and address of the consignor and consignee ;
(ii) description and weight of the consignments ;
(iii) destination and its distance in K.M., from the starting station;
(iv) freight for tonne K.M. and for the whole consignment ;
(v) delivery instruction (e.g., the date on which and the exact place where the goods are to be delivered to
the consignee;
(vi) terms of payment agreement.
(9) The State Government may, by notification in the Official Gazette prescribe the maximum rates at which
commission may be charged by a Licencee under these rules and the Regional Transport Authority may
prescribe such rate of commission not exceeding the rate prescribed by the State Government in regard to a
Licence transacting business in its region.
(10)(a) The licensing authority may, approve any premises owned by or in the possession of a Licencee or
an applicant for an agents Licence to be used for loading or un-loading of goods or for parking goods
vehicles or for the storage of goods in the custody of the agent having regard to the suitability of the site,
sanitary condition and storage facilities provided at such premises;
(b) any approval under Clause (a) shall be subject to the following conditions :
(i) that the premises shall at all times be kept in a clean condition and in a good state of repairs ;
(ii) that the premises shall be administered in a seemly and orderly manner;
(iii) that the Licencee shall take, all possible precautions to ensure that no breach of any of the provisions of
the Motor Vehicles Act, 1988 (Act 59 of 1988) or these rules are committed in respect of any vehicles
entering or leaving or parking at such premises and shall report in writing any such breach to the nearest
police station and the licensing authority;
(c) Where the licensing authority refuses to approve any premises under Clause (a) it shall record in writing
its reasons for such refusal;
(d) The licensing authority may, at any time revoke an order made by it under Clause (a) if in its opinion any
of the conditions under which a place has been permitted to be used for the loading or unloading of goods
and halting of goods vehicles has been contravened or if the continuance of the said order is no longer
necessary in the public interest:
Provided that before revoking the order, the licensing authority shall give the Licencee an opportunity of
being heard and shall record reasons in writing for such revocation.
(11)(a) Without prejudice to any other action which may be taken against a Licencee the licensing authority,
may, by order in writing cancel the agents Licence or suspend it, for such period as it thinks fit, if in its
opinion any of the conditions under which the Licence has been granted, has been contravened;
(b) The licensing authority may, by order, in writing cancel the agents licnece assumed it for such period as
it thinks fit, if in its opinion any of the conditions under which any premises has been approved under subrule (10) has been contravened;

(c) Before making any order of suspension or cancellation under this sub-rule, the licensing authority shall
give the Licencee an opportunity of being heard and shall record reasons in writing for such cancellation or
suspension.
(12) If at any time an agents Licence is lost, destroyed, torn or otherwise defaced so as to be illegible, the
agent shall forthwith apply to the licensing authority for the grant of a duplicate Licence. The application
shall be accompanied by a fee of rupees ten. After receipt of such an application, the licensing authority
shall issue a duplicate Licence duly stamped duplicate. If a duplicate agents Licence is granted on a
representation that the Licence originally granted has been lost or destroyed and the original Licence is
subsequently found, the original Licence shall be surrendered to the licensing authority.
(13)(a) A collecting agent shall carry with him his agents Licence while on duty and shall produce it on
demand to any inspecting officer of the Transport Department or any Police Officer in uniform not below the
rank of a Sub-Inspector of Police;
(b) A forwarding agent shall exhibit his agents Licence at a prominent place in the premises approved under
sub-rule (10) and the Licence shall be made available for inspection by any inspecting officer of the
Transport Department or any police officer not below the rank of a sub-Inspector of Police;
(c) A collecting and forwarding agent shall display his Licence in his principal place of business and shall
produce it on demand to any inspecting officer of the Tansport Department or Police Officer not below the
rank of Sub-Inspector of Police and shall cause a true copy of his agents Licence to be exhibited at a
prominent place in the premises approved under sub-rule (10).
(13-A) The rate of commission payale to the booking agencies shall be in terms of a percentage maximum of
the freight on a graduated basis as under ,(i) Maximum of 6% on freight charges up to Rs. 500/(ii) Maximum of 4% on freight charges exceeding Rs. 500/- but not exceeding Rs. 1000/(iii) Maximum of 3% on freight charges exceeding Rs. 1000/(14)(a) Any person aggrieved by an order made under Clause (c) of sub-rule(3), sub-rule(4), Clause (m),
(n) or (o) of sub-rule (9), Clause (a) of sub-rule(10) Clause (a) or Clause (b) of sub-rule (11), sub-rule (12)
or sub-rule (15) may appeal to Deputy Transport Commissioner within thirty days from the date of receipt of
such order:
Provided that the appellate authority against the order of Secretary, State Transport Authority, shall be the
Transport Commissioner;
(b) The memorandum of appeal shall be filed in duplicate setting forth concisely the grounds of objection
and shall be accompanied by an original or a certified copy of the order and a fee of rupees fifty:
Provided that a memorandum of appeal shall not relate to more than one order or be signed by more than
one party.
(15) The authority which passed an order to be appealed against shall on an application by a party give a
certified copy of the order and of any other relevant document on payment of rupees two.
297-A. Special provisions regarding licensing of agents engaged in the sale of tickets or in
otherwise soliciting customers for public service vehicles :- (1) In this rule, unless the context
otherwise requires:
(a) Agent means a person who engages himself in the sale of tickets for travel by stage carriages, or in the
booking of contracts for hiring out other pubic service vehicles, or in otherwise, soliciting customers of such
vehicles and includes a canvasser, contractor, employee of the permit holder, and the permit-holder himself
while engaged in such sale, booking or soliciting customer;

(b) Agents Licence means the document issued to the agent by a licensing authority authorising him to act
as agent, under Section 93 of the Act;
(c) Common purpose of journey means the intention shared alike by all the persons travelling by the
public service vehicle;
(i) to attend a meeting, gathering or function, social, religious, political and the like, or
(ii) to go on a pilgrimage or tour to visit places of tourists interest or both. But it shall not include the
intention or the act of such persons of merely traveling from one common point to another.
(d) Hiring party in relation to a public service vehicle means(i) a group of persons identifiable by a common purpose of the journey, which for its exclusive journey
engages the public service vehicle as a whole under prior contract with the agent in such a manner that
subject to the conditions of the permit and to the expressed stipulations of the contract, the time and
direction of the movements of the vehicle and its destination are under the control of the hiring party; or
(ii) an individual pilgrim or tourist who in response to an open invitation by the agent to join a conducted
pilgrimage or tour, in each case, organized or approved by the Tourist Department of the Central or the
State Government pays his separate fare for the travel by a public service vehicle intended for such a
conducted pilgrimage or tour.
Explanation:- For removal of doubt, it is hereby clarified that a person who takes for hire or reward a public
service vehicle with a view, in his turn, to conveying passengers or hiring parties is not a hiring party;
(e) Licensing Authority means the Secretary or Asst. Secretary of the Regional Transport Authority of the
region in which the agent acts as such;
(f) Passenger means any person other than the driver, conductor or agent while on duty relating to the
public service vehicle traveling by such vehicle without a prior contract with the agent, whether or not he
pays for the journey;
(g) Permit-holder means a person to whom permit as required by Section 66 of the Act granted
authorising him to convey hiring parties or passengers with the aid or the public service vehicle, owned or
hired by him specified in the permit;
Explanation :- For removal of doubt, it is hereby clarified that a person who takes a public service vehicle
for hire or reward with a view in his turn, to conveying passengers or hiring parties shall take out the permit
in his name as required, by Section 66 of the Act;
(2)(a) Nothing in this rule shall apply,(i) to the booking-clerks or conductors employed by the permit holder of a stage carriage, so long as such
booking-clerk or conductor sells tickets, issues passes or makes advance reservations at such bus stands or
stops as are approved by the Transport Authority, or
(ii) to motor cabs.
(b) No agents Licence granted to a person shall authorise him to act as an agent for more than one public
service vehicle:
Provided that a person may be granted more than one Licence, each for a different public service vehicle.
(c) The application for a agents Licence shall be made to the licensing authority in Form L.P. Ag. A.

(d) Where the applicant is a person other than the permit-holder the application shall be accompanied by a
certificate issued by the permit-holder giving his consent for the applicants acting as an agent for his public
service vehicle.