Section 106 in The Haryana Motor Vehicles Rules, 1993
106. Conditions of a license.
[Sections 96(2)(xxix) and 93(2)(f)]. - (1) A licence issued or renewed under rules 102 and 104 shall be subject to the following conditions, namely :-(i)the licence shall, subject to the provisions of rule 108 provide places for loading and unloading of goods.(ii)the licensee shall be responsible for a proper arrangement for storage of goods, collected for dispatch and delivery;(iii)where the licensee is authorised to forward and distribute goods he shall-(a)be liable to the consignee for any loss or damage to goods while in his control or possession;(b)be responsible for proper delivery of goods to the consignee;(c)not issue a goods transport receipt without having actually received the goods; and(d)Not deliver the goods to the consignee without actually receiving from the consignee a Goods Transport receipts and in case of loss, misplacement or misplacement accident of the same and indemnity bond covering the value of goods;(iv)the licensee shall insure the goods against any loss or damage while in his control or possession;(v)the licensee shall maintain a proper record of the vehicles under his control and of the collection, despatch and delivery of goods which shall be open to inspection of the State Transport Authority, the Regional Transport Authority or by any person duly authorised in this behalf by such authority and shall furnish to the State Transport Authority a return in respect of the previous six months in Form HR No. 45 within thirty days after the 30th September,(vi)the licensee shall furnish the persons operating the vehicle with correct figures of the freight to be received by them from the consignors or the consignees;(vii)the licensee shall maintain proper accounts of the commission charged by him and the licensee with gross income of Rupees 25,000/- or above per annum shall get his account audited by the Chartered Accountant;(viii)the licensee shall ensure that the goods vehicles under his control have valid permits for routes on which the vehicles have to ply;(ix)the licensee shall maintain in good condition a weighing device capable of weighing at a time, not less than 200 kilograms; and(x)the licensee shall attend to his customers in order in which they approach him:Provided that the customers in respect of such perishable goods, as may be notified by the Government in the Official Gazette, shall be given priority over the other customers, but such customers shall be attended to in order in which they approach the licensee;(xi)the licensee shall assign the consignment amongst the persons operating the vehicles in the order in which they have approached him and shall maintain a register chronologically recording particulars of the available goods and the persons waiting to operate the vehicles;(xii)the licensee shall comply with the provisions of these rules and shall observe such conditions as the State or Regional Transport Authority may specify in the license;(xiii)the licensee shall make all the contracts in writing, containing the following particulars, namely :-(a)name and address of the consignor and the consignees;(b)description and weight of the consignment;(c)destination and its distance in kilometres from the starting station to the destination :(d)freight per quintal per kilometre and for the whole vehicle per kilometre;(e)delivery instructions, for examples, the date by which and the exact place where the goods are to be delivered to the consignee;(f)terms of the agreement for payment; and(g)name of the owner, driver, the registration number of the vehicle, its authorised load and amount of the commission;(xiv)the licensee shall administer approved premises in an orderly manner and shall keep it in good and clean conditions; and(xv)the licensee shall take all precautions to ensure that no breach of any of the provisions of the Act or rules made thereunder or the conditions of the licence is committed.(2)The State or a Regional Transport Authority may, after giving notice of not less than one month, in writing, to the licensee either vary any conditions of his license or attach to his license any further conditions.
