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State of West Bengal - Section

Section 204 in The West Bengal Motor Vehicles Rules, 1989

204. Conditions of agent's licence.

(1)An agent's licence shall be subject to the following conditions, namely, -
(a)the licensee shall, subject to the provisions of Rile 207 provide adequate space for the parking of vehicles for the purpose of loading and unloading of goods;
(b)the licensee shall be responsible for proper arrangement for storage of goods collected for dispatch or delivery or both;
(c)the licensee shall-
(i)take all necessary steps for proper delivery of the goods to the consignee;
(ii)be liable to indemnify the consignee for any loss or damage to goods while in his possession by adequate insurance cover, where available, at the cost of the consignor or consignee;
(iii)issue to the consignor and consignee a goods transport receipt only after the actually receives goods for dispatch and state therein the weight, nature of goods. destination, approximate distance over which the goods are to be carried, the freight charge, the service charge, if any, such as for local transport, insurance while in his custody, and labour charge, if any, for loading and unloading provided that the service charge shall be reasonable and proof of its reasonableness established, if required, by the licensing authority;
(iv)not deliver the goods to the consignee without actually receiving the consignee's note or any such note issued by the office which received the goods for dispatch or if such note is lost or misplaced, an indemnity bond covering the value of the goods;
(v)issue a copy of every goods transport receipt issued to the consignor or consignee to the driver of the goods vehicle transporting the goods and shall not allow any consignment to be loaded without handing over a copy of the receipt in respect thereof to the driver;
(vi)maintain in proper form, proper record of collection, dispatch or delivery of goods, the registration mark of the vehicle in which goods are carried for transport and make the same available for inspection by the licensing authority, or by any person duly authorised by it in this behalf;
(vii)not charge commission exceeding that which may be fixed by the licensing authority subject to orders of the State Government, if any;
(viii)maintain proper account of the commission charged by him from every operator of goods vehicles engaged by him;
(ix)maintain a weighing device in good condition and capable of weighing at a time not less than 250 kilograms;
(x)not refuse to accept goods for transport without valid reasons;
(xi)comply with the provisions of this rule and of rules 198, 199, 204 and 207; and
(xii)any other condition as may be imposed by Government from time to time, by order in writing.
(2)Particulars to be mentioned in contract of agency. - All contracts entered into or way bills issued by a licensee for the purpose of collecting, forwarding or distributing goods shall be in writing, and shall contain the following particulars, namely, -
(i)names and addresses of consignors and consignees;
(ii)description and weight of consignment;
(iii)destination and its approximate distance in kilometres from the starting station;
(iv)freight on weight destination or weight distance or on truck distance basis for long distance haulage and for local transport for collection at consignor's place or delivery at consignee's place. if required:
(v)delivery instruction (i.e. the approximate date by which and the place at which goods are to be delivered to the consignee);
(vi)terms of payment separately for long distance transport, local transport, home delivery and collection of labour charges for loading and unloading and the demurrage.