ECONOMIC TRANSPORT ORGANISATION Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a firm engaged in the business of transporting goods by road, and is a "public carrier" as defined in S.2(23) of the Motor Vehicles Act, 1939. The head office of the firm is at Calcutta, but it has regional offices at Ernakulam, Alleppey, Cannanore, Trivandrum, Kozhikode and some other District headquarters of Kerala State. At Trichur and Palghat, it has only "agency offices". By Exts. P1 to P5 notice issued by the Regional Transport Officers of Ernakulam, Alleppey, Cannanore, Trivandrum and Kozhikode, the petitioner was required to take out "agency licences" under R.225 of the Kerala Motor Vehicles Rules and the question is whether the notices are valid.

(2.) S.66A of the Motor Vehicles Act reads:

(3.) Clause (ii) of S.66A(1) conceives of carriage of goods by public carriers i. e., transport of goods by the owner of a transport vehicle, as indicated in S.2(23). It also conceives of an "agent" for the business of collecting, forwarding and distributing the goods so carried. The primary function of the public carrier is to transport goods; but for doing so, be has first to receive the goods from a consignor at one end, and after transport, deliver it to the consignee at the other. Collecting, forwarding and distribution of goods are incidental to their transport or carriage. The carrier may receive the goods direct from the consignor and deliver it direct to the consignee, in which case there is no agency. But the carrier can also appoint an agent for collecting, forwarding and distributing the goods he carries. On a plain reading of clause (ii) of S.66A(1), it seems to be designed for dealing with agents so appointed, if and when they are appointed, and not with the carrier himself. The person who requires a licence under the section is the agent appointed by a carrier for collecting, forwarding and distributing goods in connection with their transport, and not the person who transports. The person who transports has to obtain a permit for his vehicle under S.54 and 56 of the Act; but if another person engages himself in the business of collecting, forwarding and distributing goods which is incidental to the transport business of the carrier, the former has to take out a licence.