Section 215 in The West Bengal Motor Vehicles Rules, 1989
215.
(1)The scheme as referred to under section 99 of the Act shall be published in the form as may be prescribed by the State Government.(2)The objections, if any, under sub-section (1) of section 100 of the Act to the scheme as published in the manner as prescribed under sub-rule (1) in accordance with the provisions of section 99 of the Act shall be filed before the Authority in the manner as specified in the notifications.(3)Upon receipt of the objection(s) if any, either the Secretary to the Government in the Department of Transport or an officer subordinate to him as may be appointed by the Government and not connected with either the State Transport Authority or any of the State Transport Undertakings. shall call for the object or and the Chief Executive Officer of the undertaking concerned at a meeting on a date as may be fixed within sixty days from the last date of the receipt of the objection(s).(4)The officer under sub-rule (3) shall hear the respective view points and record his opinion and place the report with all relevant details before the Secretary who, on consideration of all the aspects. either approve of the scheme with such modification as he might consider necessary or reject the same.(5)Once the scheme is approved with modification, if any, it shall be published in the Official Gazette in the form as may be prescribed by the State Government in the manner as laid down under sub-section (3) of section 100 of the Act and the scheme shall thereupon become final on the date of its publication in Official Gazette within a period of six months from the date of approval, if not earlier :Provided that the period in this rule shall be exclusive of the period, if any, during which no action could be taken due to stay order, if any, from any Court, restraining proceedings under these rules.(6)The State Transport Undertaking shall submit application for permit in respect of the route(s) as notified under sub-rule (4) in the form as prescribed, notwithstanding anything as may be contained in any other rule(s) of these rules.(7)Whenever any article is found left in any transport vehicle of a State Transport Undertaking, the conductor or the driver shall deposit the same with the Traffic Officer-in-charge at the nearest Traffic Post of the Undertaking or with the Depot-in-charge of the depot whichever is attainable earlier. The Traffic Officer at the Traffic Post shall, if it is not a depot, send the article to the nearest Depot-in-charge.(8)The Officer-in-charge as stated under sub-rule (7) shall upon receipt of the article, enter the same in the register to be maintained for the purpose and issue a notice on the following day, if it is not a Sunday or a holiday, on the Notice Board of the Depot giving out the name of the article.(9)The notice shall specify the date, not in any case beyond thirty days from the date on which the article is found, for lodging the claim. If such specified date is a holiday, then, on the day immediately following the holiday.(10)In case the article found left is a valuable one, namely, jewellery, watch etc. or it is a key or a bunch of keys, such article shall be deposited with the officer as specified either in sub-rule (7) or in sub-rule (8) whereupon the officer shall place the same in a cloth bound cover, seal the same under his official seal in presence of the conductor or the driver or the officer depositing the article and such officer, or driver or the conductor also affix his/their signature(s) on the cover and the name of the article shall be recorded in the register.(11)In the case of articles as referred to in sub-rules (7) and (8), the officer issuing the notice shall, whenever a claim is established, refund the article to the owner thereof on proper receipt in the register.(12)In case no claim is lodged in respect of the article mentioned in the sub-rule (7) within the date specified, the same shall be forwarded to the Chief Executive Officer of the Undertaking for further custody of the article with a report.(13)In the case of an article as referred to in sub-rule (10), the officer receiving the article shall send a report to the Chief Executive Officer of the undertaking and, if not otherwise directed by the Chief Executive Officer of the Undertaking, shall forward the same in appropriate custody to the Chief Executive Officer of the undertaking who shall issue appropriate notice specifying a date, not less than thirty days from the date of receipt of the article, for lodging claim, on the office Notice Board and shall also arrange for an insertion at least in one newspaper preferably having circulation in the area where the article was found. Provided the value of the article found is at least double the cost of insertion of the notice in the newspaper.(14)Upon receipt of claim, in all cases, the Officer issuing the notice shall make such enquiry as he considers necessary and upon satisfaction as to the identity of the owner shall return the same after deduction of 10 per cent of the estimated value of the article towards incidental cost in the case of an article under sub-rule (13) and a further sum equivalent to the cost of issuing notice in the newspaper and return the article to the owner thereof after obtaining an Indemnity Bond.(15)In all cases where the ownership of the article(s) is not established, the Chief Executive Officer shall dispose of the same by public auction save and except in the case of keys and the sale proceeds at the auction shall be forfeited to the Undertaking. In the case of keys, however, the Chief Executive Officer shall destroy the same beyond redemption.(16)In case of any contraband goods or arms and ammunition found left in the vehicle, the same be handed over, to the officer-in-charge of the nearest police-station with a report therefor.(17)In case of any goods perishable in nature and subject to easy decay, the same be handed over to the Depot-in-charge of the nearest Depot, who shall sell the same at the local market and deposit the sale proceeds thereof to the Chief Executive Officer of the Undertaking along with a report therefor and take recourse to find out the owner thereof in the manner as provided hereto before.
