Section 199 in The West Bengal Motor Vehicles Rules, 1989
199. Agent's licence.
(1)Any person desiring to obtain an agent's licence shall make an application to the licensing authority of the area in which he has his place of business or, as the case may be, his principal place of business. Such application shall be made in Form L.Ag. All.(2)The application shall be accompanied by the fee prescribed in rule 203.(3)In considering an application made under this rule the licensing authority shall have due regard, among other things to -(a)the number of goods vehicles, if any, either owned by the applicant or under his control;(b)the suitability or accommodation at the disposal of the applicant for the storage of goods at every operating place;(c)the facilities provided by the applicant for parking the goods vehicles while loading or unloading without hindrance to the general traffic in the area;(d)adequate garage facilities in respect of such goods vehicles owned or under the control of the applicant:(e)the financial resources of the applicant and his experience in the trade.(4)Before granting a new licence or renew an existing licence, the licensing authority shall obtain a report from the Superintendent of Police in districts or from the Commissioner of Police in [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.] with specific views on the grant or renewal of the licence. The licensing authority shall also cause an enquiry in order to verify additional particulars furnished in the application for licence and such other additional particulars as are considered necessary. Such verification may also be made by the Superintendent of Police in the districts or by the Commissioner of Police in [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.].(5)The licensing authority shall either grant or renew the licence including a supplementary licence, for a branch office, if any on Form L.Ag. II specifying the place or places where the business may be carried on, or refuse to grant or renew the licence :Provided that the licensing authority shall not refuse to grant or renew a licence or, a supplementary licence for a branch office applied for, unless the applicant is given an opportunity of being heard, and the reasons for refusal are recorded and communicated to him in writing.(6)The licensing authority shall, while granting or renewing a licence, including any supplementary licence, or at any time during the validity of licence, by order require a licensee to furnish a security in cash not exceeding rupees fifty thousand, as may be determined by Government by order in this behalf and when a licensee has earlier furnished any security in pursuance of an order passed under this sub-rule, an additional security of such amount as may be determined by the Government by order so that the security and the additional security deposit together do not exceed rupees fifty thousand. The security and additional security deposit will be credited under the appropriate Head of Receipts.(7)The licence shall be in two parts, namely, the principal part (hereinafter referred to as the principal licence) in which supplementary licence issued for every separate establishment or branch office for carrying on the loading, unloading or receipt or delivery of consignments shall be mentioned, and the supplementary part (hereinafter referred to as the supplementary licence). The details of the establishment or branch office such as, municipal house number, the nearest road, bye lane, the postal delivery district and other landmarks in the vicinity to enable the identification of the place of licence duly attested by the licensing authority shall be mentioned in the licence.(8)The principal licence shall be kept and displayed prominently at the head office, and the supplementary licence shall be kept and displayed prominently at each branch office to which it refers, except when the principal licence or supplementary licence, as the case may be, is forwarded to the licensing authority for effecting renewal thereof. Such licence shall be produced for, inspection on demand by any officer of the Motor Vehicles Department not below the rank of a Motor Vehicles inspector.(9)An agent's licence shall be non-transferable.(10)An agent's licence shall be valid for a period of one year from the date of grant of its renewal, The date of expiry of the supplementary licence shall be co-terminus with the date of expiry of the principal licence irrespective of the date on which the supplementary licence is granted.(11)No person under the age of 18 years shall hold an agent's licence.(12)Refund of security deposit. - Where an agent has obtained a licence or renewed a licence under rule 199 and has also furnished the security deposit or additional security deposit under sub-rule (6) of rule 199 and is not willing to carry on the business under the said licence for any reason whatsoever, he shall inform the licensing authority of his such intention in this regard and may pray for cancellation of the said licence and also for refund of his security deposit and/or additional security deposit, if any. He shall also deposit the original copy of the licence, supplementary licence and all other documents in this regard before the licensing authority along with such letter of information. On being satisfied, the licensing authority, after giving the licensee an opportunity of being heard, may cancel such licence and may also pass necessary orders for refund of security deposit and the additional security deposit, if any, either in full or in part i thereof after realising the amounts in full, if so, found due against him under rule 201.
