ACT AND ORDINANCESTHE ASSAM MOTOR VEHICLES RULES 1940
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
N.B.: The inspection fees for motor vehicles not plying for hire or reward under the above categories shall be Rs 5, 8, 10 and 3 respectively. No inspection fee shall be payable in respect of any motor vehicle owned by Government and used for Government purposes unconnected with any commercial enterprise.
2. For sub-rule (a) of Rule 49, the following shall be substituted, namely:
(a) The fee payable in respect of registration shall be:
|
Provided that the State Transport Commissioner, Assam may for special reasons in writing remit wholly or partly the fee in respect of any motor vehicle.
Rule 46(h): The following consolidated inspection fees for the whole year shall be payable to Government by the owner
|
N.B: The Inspection fees for vehicle not playing on hire or reward under the above categories shall be Rs 5, 8, 10, 3 and 3 respectively. No inspection fee shall be payable for any Government vehicle (not playing for hire).
Rule 49 (a) The fees for registration shall be:
|
Provided that the State Transport Commissioner may for special reasons in writing wholly or partly remit the fee in respect of any motor vehicle.
No.TMV.2/63. In exercise of he powers conferred b clause (Za) of sub-section (2) of Section 68 read with clause (XXIII) of sub-section (3) of Section 48, clause (x) of sub-section (2) of Section 51, sub-section (2) of Section 53 and clause (ix) of sub-section (2) of Section 56 of the Motor Vehicles Act, 1939 (Central Act IV of 1939), the Governor of Assam is pleased to make, after previous publication, the following amendment to the Assam Motor Vehicles Rules, 1940
After Rule 71 of the said Rules, the following shall be inserted, namely:
71 A payment of tax It shall be a condition of every permit that the vehicle or vehicle specified in it shall not be used in any public place unless all taxes due from the holder of the permit under any enactment or enactments for the time being in force have been paid in accordance with the provisions of such enactment or enactments and when a transport Authority has suspended a permit for non-payment of taxes the order of suspension shall be in force only as long as the taxes remain unpaid and shall be inoperative immediately on payment of the taxes due.
No.MTV.400/61. In exercise of the powers conferred by clause (b) of sub-section (2) of Section 68 of the Motor Vehicles Act 1939 (Act IV of 1939), the Governor of Assam is pleased to make, after previous publication, the following amendment to the Assam Motor Vehicles Rules, 1940, published with Home Departments Notification No.12810-H, dated the 10th December, 1941.
Substitute the following for sub-rule (a) of Rule 88 of the Assam Motor Vehicles Rules, 1940, namely:
(a) The Authority to decide an appeal against the orders of the State Transport Authority in respect of matters dealt with in clauses (a), (b), (c), (d), (e), (f), (g), (h), and (i) of Section 64 of the Act shall be the Assam Board of Revenue constituted under section 3 of the Assam Board of Revenue Act, 1962 (Act. XXI of 1962). Any person preferring an appeal against the orders of the State Transport Authority in respect of any such matter shall, within thirty day of the receipt of such order, do so in writing to the Secretary to the Assam Board of Revenue in the form of the memorandum in the manner laid down by the Assam Board of Revenue in its Regulation setting forth the grounds of objections to the order of the State Transport Authority accompanied by a certified copy of that order which shall be granted free:
Provided that the Appellate Authority may in any special circumstances extent the period of limitation to such longer period as it may deem fit.
Rule 88 (a) Appeals against the orders of the State Transport Authority. The authority to decide a appeal against the order of the State Transport Authority respect of matters dealt within clauses (a), (b), (c), (d), (e), (f), (g), (h), & (i) of section 64 of the Act shall be the Honble Minister-in-charge of Revenue, Assam Any person preferring an appeal against the orders of the State Transport Authority in respect of any such matter shall, within 30 days of the receipt of such order, do so in writing to the Secretary to the Government in Transport Department in the form of a memorandum in duplicate setting forth concisely the grounds of objection to the order of he State Transport Authority accompanied by a certified copy of that order which shall be granted free:
Provided that the appellate authority may in any special circumstances extend the period of thirty days to such longer period as it may deem fit.
No.TMV.349/63/12. In exercise of the powers conferred by sub-section (2) of Section 21 of the Motor Vehicles Act, 1939 (Act IV of 1939), the Governor of Assam is pleased to make, after previous publication, the following rules further to amend the Assam Motor Vehicles Rules, 1940 with the notification of the Government of Assam in the Home Department No. 12810-H, dated the 10th December, 1941.
1. Short title, extent and commencement (1) These rules may be called the Assam Motor Vehicles (Amendment) Rules, 1964.
(2) They shall extend to the State of Assam.
(3) They shall come into force at once.
2. Amendment of Rule 8. For Rule 8 of the said Rules, the following shall be substituted, namely:
8 Transport Vehicles. Authorisation to drive-necessity of:
(a) No person shall drive a transport vehicle unless an authorisation in form-D as set-forth in the First Schedule to the Act has been granted or counter-signed by Licensing Authority acting under the authority of Regional Transport Authority within the State.
(b) No authorisation to drive a medium transport vehicle under sub-section (I) of Section 3 of the Act shall be granted unless the applicant satisfies the Licensing Authority, that he has had at least one years experience in driving any motor vehicles other than a motorcycle.
(c) No authorisation to drive a heavy transport vehicle shall be granted unless the applicant satisfies the Licensing authority, that he has had at least three years experience in driving any medium motor vehicle.
(d) Notwithstanding anything hereinbefore contained no person shall drive a transport vehicle on any of the roads specified in the First Schedule to the said Rules unless the authorisation as aforesaid has been granted or countersigned by the Licensing Authority in whose functional area the road may be
(e) Subject to the provisions aforesaid, the holder of a driving licence may at any time, apply to the Licensing Authority in form LPSA appended to these rules for grant or countersignature of the aforesaid authorisation and shall forward his driving licence with such application.
(f) Specifications entitling the holder of a driving licence to drive a transport vehicle shall be made in the driving licence by Licensing Authority acting under the authority of the Regional Transport Authority concerned.
(g) The Licensing Authority to which application is made as aforesaid may, if it thinks fit, by notice in writing summon the applicant to appear before it at such time and place as it may appoint in this behalf and, in the case of the holder of the licence issued outside the State, or in the case of an application under sub-rule (b), require the applicant to pass the test as set-forth in the Third Schedule to the Act, notwithstanding the fact that the applicant has previously passed such test.
(h) If the Licensing Authority is satisfied that the applicant is in all respects fit to be authorised to drive a transport vehicle, the licence shall be signed or countersigned and returned to the applicant thereof and shall at the same time, if the licence was issued by a different Licensing Authority, send an intimation to such Licensing Authority in Form LPS appended to these rules.
(i) If the Licensing Authority finds that the applicant is not a fit and proper person to be charged with the safe carriage of passengers and their property, it shall refuse to grant or countersign the authorisation to drive transport vehicles and it shall inform the applicant in writing giving reasons thereof and shall return the license to him.
3. Amendment of Rule 9. For Rule 9 of the said Rules, the following shall be substituted, namely: -
9 Enquiries to be made by the Licensing Authority upon receipt of an application for a licence or for an authorisation to drive a transport vehicle, any Licensing Authority, may make such enquires as may reasonably be necessary to establish the identity of the applicant and to ascertain that the applicant is not disqualified for, or liable to be disqualified from holding or obtaining a licence.
4. Amendment of Rule 12. For Rule 12 of the said Rules, the following shall be substituted, namely: -
12 Testing office: - (a) The Test of competence to drive as set-forth in the Third Schedule to the Act shall be conducted by the Licensing Authority or by an Inspector of Motor Vehicles authorised by it in this behalf.
(b) At applicant form a driving licence shall, if so required by a Licensing Authority, present himself before an officer of the Police Department selected for this duty by the District Superintendent of Police for a test road traffic regulations.
(c) The applicant shall produce a serviceable vehicle of the class to which the applicant refers and present himself for the test at such time and place as may be specified by the Licensing Authority or by the testing officer in this behalf.
(d) The Licensing Authority or the testing officer and the officer of the Police Department, after conducting the test as aforesaid, shall record their opinions in the appropriate column of the form DCT appended to these rules.
5. Amendment of First Schedule. For First Schedule to he said Rules, the following shall be substituted, namely: -
Places within which, and made upon which, no person shall drive a transport vehicle without the prescribed authorisation:
1. Gauhati-Shillong, 2. Shillong-Dawki, 3. Shillong-Cherrapunji, 4. Tura-Mankachar, 5. Tura-Paulbari and 6. Any other road specified by the State Transport Commissioner.
6. Amendment of Form LPSA. For Form LPSA appended to the said Rules, the following shall be substituted, namely: -
To
The Licensing Authority,
.
I apply for the grant of an authorisation to drive a transport vehicle within the State/area of ............................................ And forward herewith the driving licence held by me (No. ................................................ Dated the ...................................... Issued by the Licensing Authority of ....................................................................................).
I possess Adult First Aid Certificate No. issued by .. valid till and attach the same herewith.
Name of applicant ..
(In block letter or clear scrip)
Date 19 . Present address of applicant ..
Signature or thumb impression of applicant.
7. Amendment of Form LPS. For Form LPS appended to the said Rules, the following shall be substituted, namely: -
To
The Licensing Authority,
..
An authorisation to drive a transport vehicle within the State/area of . Has been issued by me on (date) .. in respect of driving license No .. Dated the valid upto . Issued by you in favour of:-
1. Name of the driver
2. Fathers name ..
3. Permanent address .
4. Present address
Place ..
Date . Licensing Authority
8. Insertion of Form DTC. After Form LPS appended to the said Rules, the following shall be inserted, namely:-
1. Name of the driver
2. Fathers name ..
3. Permanent address .
4. Present address
Test of Competence
(To be recorded by the Licensing Authority or the Inspector of Motor Vehicles)
(a) Driving Competence Good/Fair/Poor,
(b) Mechanical Knowledge Good/Fair/Poor.
(c) Knowledge of Traffic Regulations Good/Fair/Poor.
Rule 8 Authorisation to drive a public service vehicle. (a) The authorisation to drive a public service vehicle in Form D as set forth in the First Schedule to the Act shall be granted or countersigned by the Regional Transport Authority, and shall, save as provided in sub-rule (c), be effective throughout the State.
(b) No person shall drive a public service vehicle unless authorisation as aforesaid has been granted or countersigned by a Regional Transport Authority within the State.
(c) No person shall drive a public service vehicle on any of the roads specified in the First Schedule unless the authorisation as aforesaid has been granted or countersigned by the Licensing Authority in whose functional area the road may be.
Application for authorisation to drive a public service vehicle:
(d) Any holder of a licence may at any time apply, together with the licence, to the appropriate authority for the grant or countersignature of authorisation as aforesaid in Form LPSA appended to these rules.
(e) Summoning the applicant to appear. The authority to which application is made as aforesaid may, if it thinks fit, by notice in writing summon the applicant to appear before it at such time and place as the authority may appoint and, in the case of the holder of the licence issued outside the State, or in the case of an application under sub-rule (c), require the applicant to pass the test as set-forth in the Third Schedule to the Act notwithstanding that the applicant shall previously have passed the test.
(f) Signing or countersigning of the licence, The appropriate authority granting an application under this rule shall sign or countersign the licence accordingly and return the same to the holder and shall at the same time send intimation to the authority by whom the licence was issued in Form LPS of these rules.
(g) Applicant to be informed when as application is rejected If the appropriate authority rejects an application under this rule it shall inform the applicant in writing the reasons for rejection and shall return the licence to him.
Rule 9 Enquiries to be made by the Licensing Authority. Upon the receipt of an application for a licence or for an authorisation to drive a public service vehicle, the Licensing Authority, or the Regional Transport Authority, as the case may be such enquiries as may be reasonably necessary to establish the identity of the applicant and to ascertain that the applicant is not disqualified or liable to be disqualified from holding a licence.
Rule 12. Testing Officers (a). The test of competence to drive as set-fourth in the Third Schedule to the Act shall be conducted by the Licensing Authority or by an officer appointed by him in this behalf in the case of an applicant for private licence and by the Inspector of Motor Vehicles in the case of an applicant for a professional licence.
(b) Subject to sub-section (7) of Section 7 of the Act, the applicant shall furnish a serviceable vehicle of the class to which the application refers and present himself for the test at such time and place as may be specified by the Licensing Authority or the testing officer.
(c) Fee for driving test The fee payable for the test of competence to drive shall be rupees two for each test and shall be paid before the test is commenced. It shall not be refunded under any circumstances. The fee shall be credited to Government.
(d) No fee shall be charged for the test if the applicant previously held a licence granted or renewed under any provision of law which was in force in India at the time it was granted or last renewed to drive a vehicle of the class to which the application refers and was prevented, by reason of absence out of India on service connected with the war, from obtaining or renewing a licence in accordance with the provisions of the Act, on the expiry of the previous licence.
(e) Notwithstanding anything contained in sub-rule (c) of this rule a person who would otherwise be required to pay a fee for a test of competence to drive, but who proves to the satisfaction of the licensing authority that he served for not less than six months in any of the Armed Forces of the Crown between the 3rd day of September, 1939 and the 1st day of April, 1946 and that he was honourably released or discharge from such service and that either he qualified as a grade I, II or III driver or as a Service Tradesman of an equivalent grade as hereinafter described during the service as aforesaid, or that at the commencement of the Act he was the holder of current licence issued under the Motor Vehicles Act, 1914, authorising him to drive the class of vehicle mentioned in his application shall if he applies for a licence within two years of the date of his discharge or release, be entitled to undergo not more than one test of competence to drive without the payment of any fee.
Driver, Grade I.
Driver Mechanic.
Motor Mechanic.
Crew Driver Mechanic, Grade II.
Crew Motor Mechanic, Grade I.
Driver M.T. (Leading Aircraftsman).
Driver, Grade II.
Driver Mechanic (Cinema), Grade I.
Driver, M.T. (A.C. I).
M.T., Mechanic
Driver, Grade III.
Driver Operator, Grade II.
Driver M.T. (A.C. 2)
Places within which, and roads upon which, no person shall drive a public service vehicle without the prescribed authorisation.
1. Gauhati-Shillong, 2. Shillong-Sylhet, 2. Shillong-Cherrapunji, 4. Tura-Mankachar and 5. Tura-Phulbari Roads.
To
The Regional Transport Authority
Licensing
.
I apply for an authorisation to drive a public service vehicle within the State/area of . And forward herewith the driving licence held by the (No ., dated the . Issued by the Licensing Authority of .).
Name of applicant .
(in block letters or clear script)
Present address of applicant ..
Date .. 19 ..
Signature or thumb impression of applicant
To
The Licensing Authority ..
An authorisation to drive a public service vehicle within the area of .. Has been issued by me on (date) . In respect of driving licence No. Dated the issued by you in favour of:
Name of holder
Fathers name .
Permanent address of holder ..
Date . 19 .
Regional Transport Authority,
Licensing
No. TMV 349/63/225. In exercise of the powers conferred by sub-section (2) of section 21 of the Motor Vehicles Act, 1939 (Act IV of 1939), the Governor of Assam is pleased to make, after previous publication, the following rule, further to amend the Assam Motor Vehicles Rules, 1910, published with the Notification of the Government of Assam in the Home Department No. 12810-H, dated the 10th December, 1941, namely:
1. Short title extent and commencement:
(1) This rule may be called the Assam Motor Vehicles (Amendment) Rules, 1964.
(2) This rule extends to the State of Assam.
(3) This rule shall come into force at once.
2. Substitution of rule 16. For rule 16 of the said Rules the following shall be substituted, namely:
16. Medical Certificate (a) Licensing Authority shall insist on production of a certificate of fitness in Form C of the First Schedule to the Act from a registered medical practitioner (The Honble High Court of Assam and Nagaland has declared the bracketed portion of the rule as void vide its judgement, dated 26th November 1970 in Civil Rule No.165/67.) (holding at least a medical degree, or from a Government physician not below the rank of an Assistant Surgeon) at the time of initial grant as well as at renewal of a licence to drive transport vehicles. If the Licensing Authority so desires or thinks necessary, he may also insist on a certificate of an Eye Specialist as regards the eyesight of the applicant. The licensing Authority may decline to accept a medical certificate granted more than one month before the date of application for the grant or renewal of driving licence.
(b) The photograph to be affixed to the medical certificate of fitness in the form as aforesaid shall be firmly affixed and not merely pinned to the form and the registered medical practitioner shall affix his signature or seal to the photograph in such manner that his signature or seal appears partly on the photograph and half on the form in addition to signing the form.
Rule 16 Photograph to be affixed to the medical certificate: (a) The photograph to be affixed to the medical certificate of fitness in From C of the First Schedule to the Act shall be firmly affixed and not merely pinned to the form and the medical examiner shall affix his signature or seal to the photograph in addition to signing the form.
(b) The Licensing Authority may decline to accept a medical certificate of fitness granted more than two months before the date of application.
No. TMV 349/63/7. In exercise of the powers conferred by sub-section (I) of Section 70 of the Motor Vehicles Act, 1939 (Act 4 1939), the Governor of Assam is pleased to make after previous publication, following amendment to the Assam Motor Vehicles Rules, 1940, published under Notification No. 12810-H, dated the 10th December, 1941.
For Rule 128 of the said Rules, the following shall be substituted, namely:
128. Speedometer. (1) Every Motor Vehicles, other than an invalid carriage or a vehicles which may not, under the provisions of the Eighth Schedule to the Act, at any time be driven at a rate of speed in excess of twenty-four kilometres per hour, shall be fitted with an instrument (herein referred to as Speedometer) so constructed and in such a position as at all times readily to indicate to the driver of the vehicle, the speed at which the vehicle is travelling.
(2) A Speedometer shall be deemed to satisfy the requirements of this rule if, upon test, it is found to be accurate within ten per cent above for below the speed specified for the vehicle in the Eighth Schedule to the Act, or if no speed is so specified, then above or below a speed of forty eighth kilometres per hour.
(3) With effect from such date as the State Transport Commissioner may, by notification in the official Gazette appoint in this behalf every transport vehicle in such area or areas or on such route or routes as may be specified therein, shall be fitted with an instrument (hereinafter referred to as Tachograph), so constructed and in such a position as at all times readily to indicate to the driver of the vehicle the speed at which the vehicle is travelling.
Rule 128 (a) Every motor vehicle, other than an invalid carriage or a vehicle which may not, under the provisions of the Eighth Schedule to the Act, at any time be driven at a rate of speed in excess of six miles per hour, shall be fitted with an instrument (herein referred to as a Speedometer) so constructed and in such a position as at all times readily to indicate to the driver of the vehicle the speed at which the vehicle is travelling.
(b) A speedometer shall be deemed to satisfy the requirements of this rule if, upon east, it is found to be accurate within ten per cent above or below the speed specified for the vehicle in the Eighth Schedule to the Act, or, if no speed is so specified, then above or below a speed of thirty ,miles per hour.
(c) This rule shall not apply to a motorcar registered before the first day of April 1940.
No.TMV.349/65/8. In exercise of the powers conferred by the clause (g) of sub-section (2) of Section 70 of the Motor Vehicles Act, 1939 (Act 4 of 1939), the Governor of Assam is pleased to make after previous publication, following amendment to the Assam Motor Vehicles Rules, 1940, published under Notification No.12810-H, dated the 10th December, 1941.
After Rule 128 of the said Rules, the following shall be inserted, namely:
128A. Speed governor. (a) With effect from such date as the State Transport Commissioner may by notification in the official Gazette appoint in this behalf, every such transport vehicle as may be specified therein shall be fitted with an instrument (herein-referred to as speed governor) of a pattern approved by the State Transport Commissioner and notified in the official Gazette.
A Speed governor when fitted to a transport vehicle shall be sealed with an official seal so that it cannot be removed or tempered with without the seal being broken.
(b) The speed governor a transport vehicle shall be so set that the vehicle is incapable of being driven at a speed in excess of the speed fixed under sub-section (2) of Section 71 of the Act.
No.TMV.363/65/12. In exercise of the powers conferred by section 68 of the Motor Vehicles Act, 1939 (Central Act 4 of 1939), the Governor of Assam is pleased to make, after previous publication, the following rule further to amend the Assam Motor Vehicles Rules, 1940 published with Home Departments Notification No.12810-H, dated the 10th December 1941.
1. Short title, commencement extent and. (1) This rule may be called the Assam Motor Vehicles (Amendment) Rule, 1966.
(2) It shall extend to the State of Assam.
(3) It shall come into force at once.
2. Insertion of sub-rule 112(e). After sub-rule (d) of rule 112 of the said Rules, the following sub-rule shall be inserted, namely:
(e) Any officer of and above the rank of sub-Inspector of Central Narcotics Department may, at any time when a transport vehicle is in a public place, call upon the driver of the vehicle to stop the vehicle and to keep it at rest for such period as may be necessary to enable the officer to make a reasonable examination of the contents of the vehicle to satisfy himself that contraband articles are not being carried in the vehicle.
No.TRY.87/65. In exercise of the powers conferred by Sections 21 and 21J of the Motor Vehicles Act, 1939 (Act 4 of 1939), the Governor of Assam is pleased to make, after previous publication, the following rule further to amend the Assam Motor Vehicles Rules, 1940 published with the Home Departments Notification No. 12810-H, dated the 10th December 1941.
1. Short title, extent and commencement (1) This rule may be called the Assam Motor Vehicles (Amendment) Rule, 1966.
(2) It shall extend to the State of Assam.
(3) It shall come into force at once.
2. Insertion of a new sub-rule (xxiii). In rule 96 of the said Rules, after the sub-rule (xxii), the following new sub-rule shall be inserted, namely:
(xxiii) Shall, whenever the vehicle approaches an unmanned railway level crossing, stop the vehicle and the conductor hall get down from the vehicle and see and shall satisfy that the way is clear and then give signal for the vehicle to cross the railway track.
No.TMV.234/65/9. In exercise of the powers conferred by clause (Za) of sub-section (2) of section 68 of the Motor Vehicles Act, 1939 (Act IV of 1939), the Governor of Assam is pleased to make, after previous publication, the following rule further to amend the Assam Motor Vehicles Rules, 1940 published with the Home Departments Notification No.12810-H, dated the 10th December, 1941.
1. Short title, extent and commencement. (1) This rule may be called the Assam Motor Vehicles (Amendment) Rules, 1966.
(2) It shall extend to the State of Assam.
(3) It shall come into force at once.
2. Insertion of a new rule 76B. After rule 76A of the said Rules, the following new rule shall be inserted, namely:
76 B. Additional conditions in respect of certain permits. (1) A regular permit in respect of a goods vehicle plying on inter-state route having a length exceeding 300 miles shall be subject to one or more of the following conditions:
(a) The vehicle shall carry on the windscreen a permit-token in such form and manner and of such colour as may be specified by the Transport Authority granting the permit and such permit token shall be carried in addition to and not in replacement of the permit under which the vehicle operates.
(b) The body of the vehicle shall be painted in reddish brown colour.
(c) There shall be exhibited in black letters on a white plate having a length of 18 inches and breadth of 6 inches, the names of he starting and the terminal points of the route by which the vehicle is proceeding and the plate shall be placed in the front of the top of the drivers cabin in a sliding channel so that the plate may be removed and replaced on the up and down journeys of the vehicle.
(2) A permit in respect of a transport vehicle other than a goods vehicle as specified in sub-rule (1) shall be subject to the condition that the body of the vehicle shall be painted in such colour as may be specified by the Transport Authority granting the permit.
No. TMV 191/65/9. In exercise of the powers conferred by Section 21 of the Motor Vehicles Act, 1939 (Act IV of 1939), the Governor of Assam is pleased to make, after previous publication, the following amendment to the Assam Motor Vehicles Rules, 1940 published with the notification of the Government of Assam in the Home Department No. 12810-H, dated the 10th December, 1941.
1. Short title, extent and commencement. (1) These rules may be called the Assam Motor Vehicles (Amendment) Rules, 1966.
(2) They shall extend to the State of Assam.
(3) They shall come into force at once.
2. Amendment of Rule 8. In sub-rule (c) of Rule 8, for the word three the word two shall be substituted.
3. Amendment of Rule 12. In Rule 12 after the sub-rule (b), the following sub-rule shall be inserted, namely:
(e) The fee payable for the test of competence to drive shall be rupees two for each test and shall be paid before the test is commenced. It shall not be refunded under any circumstances.
Rule 8(c). No authorisation to drive a heavy transport vehicle shall be granted unless the applicant satisfies the Licensing Authority, that he has had at least three years experience in driving any medium motor vehicle.
No. TMV. 237/65. In exercise of the powers conferred by section 68(2) of the Motor Vehicles Act, 1930 (Act IV of 1939), the Governor of Assam is pleased to make, after previous publication, the following amendment to the Assam Motor Vehicles Rules, 1940.
1. Short title extent and commencement. (1) This rule may be called the Assam Motor Vehicles (Amendment) Rules, 1967.
(2) It shall extend to the State of Assam.
(3) It shall come into force at once.
2. Amendment of sub-rule (b) of Rule 60. For sub-rule (b) of Rule 60, the following shall substituted, viz. (b) Non-official members of the State Transport Authority and the Regional Transport Authority shall be entitled to receive travelling and daily allowances at the scale and on the conditions as specified in Subsidiary Rule 309 of the Fundamental Rules and Assam Subsidiary Rules for all meetings of the said Authority and any such member performing any journey other than attending a meeting of the said Authority when required to do so in connection with the business of the said Authority, shall with the sanction of the Chairman be entitled to receive travelling and halting allowance likewise.
Rule 60 (b) Non-official members of the State Transport Authority and the Regional Transport Authorities shall be entitled to receive travelling and halting allowance at the scale and on the conditions admissible to members of the State Legislature for all meetings of the Authorities, and any such member performing any journey, other than to attend a meeting of the Authority, in connection with the business of the Authority, shall with the sanction of the Chairman be entitled to receive travelling and halting allowance likewise.
1. Title. These rules may be called the Assam Motor Vehicles (Amendment) Rules, 1968.
2. Insertion of new Rule 112 (cc). In the said rules, after Rule 112© the following rule shall be inserted, viz.
112(cc) Any Gate Keeper, Assistant Gate Keeper or Time Keeper employed on roads, specified in sub rule (c) of rule 196 or any other officer authorised in this behalf by the commissioner of Transport, Assam may at any time call upon the driver of a motor vehicle to stop the vehicle and to keep it immovable for such time as may be necessary to make reasonable examination of the numbers of passengers and other contents of the vehicle to satisfy himself that provisions of the Act and Rules and the conditions of the permits are being complied with.
3. In sub-rule (f) of Rule 196 for the words and letters (a), (b) and (d) the words and letters (a), (b), (d) and (c) shall be substituted.
Rule 196(f) Every driver of a public motor vehicle shall, in addition to the driving licence and certificates specified in (a), (b) and (d) above, carry with him the permit for the vehicle which he is driving at the time and shall produce it on demand by any of the officers mentioned in (a), (b), and (d) above.
No.TMV.20/70/17 In exercise of the powers conferred by Sections 21, 21J and 41 of the Motor Vehicles Act, 1939 (Act IV of 1939), the Governor of Assam is pleased to makes after previous publication, the following amendments to the Assam Motor Vehicles Rules, 1940, published with the notification of the Government of Assam in the Home Department No.12810-H, dated the 10th December, 1941.
1. For Clause (g) of Rule 2 of the said Rules, the following shall be substituted, namely:
Licensing authority (g) The Licensing Authority means a District Transport Officer and the Deputy Commissioners of he Garo Hills District, Mikir Hills District, North Cachar Hills District and the Mizo Hills District, within their respective jurisdiction.
2. In clause (l) of Rule 2 of the said Rules, for the words and United Mikir and North Cachar Hills District, the comma and the words Mikir Hills District and North Cachar Hills District shall be substituted.
3. For clause (m) of Rule 2 of the said Rules, the following shall be substituted, namely:
Registering Authority (m) The Registering Authority means a District Transport Officer and the Deputy Commissioners of the Garo Hills District, Mikir Hills District, North Cachar Hills District and Mizo District, within their respective jurisdiction.
4. For sub-rule (a) of Rule 41 of the said Rules, the following shall be substituted, namely:
41 Assignment and Exhibition of Registration Marks (a) The Registration mark to be assigned under sub-section (3) of Section 24 of the Act shall be as shown below:
|
The letters shall be followed by not more than four figures, and the letters and figures shall be shown:
|
Rule 2 (g), Licensing authority-(g) The Licensing Authority means a District Transport Officer and the Deputy Commissioners of the Garo Hills District, the United Mikir and North Cachar Hills District and the Mizo Hills District, within their respective jurisdiction.
Rule 2 (I). Officer-in-charge of Motor Vehicles Department Officer-in-Charge of Motor Vehicles Department means a District Transport Officer or the Deputy Commissioners in respect of Mizo Hills District, Garo Hills District and United Mikir and North Cachar Hills District within their respective jurisdictions.
Rule 2 (m), Registering Authority The Registering Authority means a District Transport Officer and the Deputy Commissioners of the Garo Hills District, the United Mikir and North Cachar Hills District and Mizo Hills District, within their respective jurisdiction.
Rule 41 (a) Assignment and exhibition of registration marks The registration mark to be assigned under sub-section (3) of Section 24 of the Act shall be as shown below:
|
The letters AS denote ASSAM and the letter after them denotes the DISTRICT.
These letters shall be followed by not more than four figures, and the letters and figures shall be shown:
|
TMV.308/69/11. In exercise of the powers conferred by Section 68 of the Motor Vehicles Act, 1939 (Act IV of 1939), the Governor of Assam is pleased to make, after previous publication, the following amendment to the Assam Motor Vehicles Rules, 1940 published with the notification of the Government of Assam in the Home Department No. 12810-H, dated the 10th December, 1941.
After Rule 96A of the said Rules, the following shall be added as Rule 96B, namely:
96B. Every public service vehicle shall carry in a prominent place inside the vehicle a board in the regional language and in English with the words Check up your belongings after getting into and before getting down painted in black on white back ground. Every such vehicle shall have a light so fitted as to illuminate the board during the period between half an hour after sunset and half an hour before sunrise.
No.TMV.313/69/10. In exercise of the powers conferred by clause (y) of sub-section (2) of Section 68 of the Motor Vehicles Act, 1939 (Act IV of 1939), the Governor of Assam is pleased to make, after previous publication, the following amendment to the Assam Motor Vehicles Rules, 1940 published with Governments Notification No.12810-H, dated the 10th December 1941.
To sub-rule (a) of Rule 105 of the said Rules, the following proviso shall be added, namely:
Provided that in the case of a trade or business employing twenty-five or more workmen (otherwise than in clerical capacity) covered by the Workmens Compensation Act, 1923, a Regional Transport Authority may permit such number of workmen employed in such a trade or business as may be specified in the permit to be carried in a goods vehicle on condition that an area of not less than 0.37 square metres of the floor of the vehicle is kept open for each person and the workmen carried in the vehicle are covered by the Workmens Compensation Act, 1923 and that such other conditions as may be mentioned by the Regional Transport Authority are observed.
Rule 105(a) Carriage of persons in goods vehicles No person shall be carried in any goods vehicle other than the driver and a bonafide employee of the owner or the hirer of the vehicle, or such number of labourers for loading and unloading the vehicle as may be specified by the authority granting the permit, and except in accordance with this rule.
No.TMV.46/70/15. In exercise of the powers conferred by Section 41 and 68 of the Motor Vehicles Act, 1939, (Act IV of 1939), the Governor of Assam is pleased to make after previous publication, the following amendments to the Assam Motor Vehicles Rules, 1940 hereinafter referred to as the said rules published with the notification of the Government of Assam in the Home Department No.12810-H, dated the 10th December, 1941.
1. In Rules 44, for this figure 5, the figure 10 shall be substituted.
2. For sub-rule (h) of Rule 46, the following shall be substituted, namely:
Fees for Inspection (h). The following consolidated fees for each inspection shall be payable to Government by the owner:
|
N.B. The inspection fees for vehicles not plying for hire or reward under the above categories shall be Rs 8, 13, 15 and 5 respectively. No inspection fee shall be payable for any vehicle owned by Government (not plying for hire or reward).
The fee shall not be refunded even if the vehicle is passed unfit and a certificate or fitness is to issue by the Inspector of Motor vehicle. In such cases, the owner shall be supplied in writing with the reasons for refusal.
3. For sub-rule (d) of Rule 47, the following shall be substituted, namely:
Fee for temporary registration (d). The fee in respect of the temporary registration of any vehicle shall be Rs 5, which shall be credited to Government.
4. In sub-rule (a) of Rule 48, for the abbreviation and figure Rs 2 wherever they occur, the abbreviation and figure Rs 5 shall be substituted.
5. For sub-rule (a) of Rule 49, the following shall be substituted, namely:
49. Registration fee (a). The fees for registration shall be:
|
Provided that the Commissioner of Transport may for special reasons in writing remit the fee wholly or partly in respect of any motor vehicle.
6. For sub-rule (c) of Rule 52, the following shall be substituted, namely:
(c) The fee for registration of transfer of ownership shall be
|
7. In Rule 53, for the abbreviation and figure Rs 2 the abbreviation and figure Rs 5 shall be substituted.
8. In sub-rule (d) of Rule 81, for the figure 10, the figure 20 shall be substituted.
9. In sub-rule (d) of Rule 82, for the figure 10, the figure 20 shall be substituted.
10. In clause (i) of sub-rule (e) of Rule 83, for the figure 10, the figure 20 shall be substituted.
11. In sub-rule (e) of Rule 86, for the figure 3, the figure 6 shall be substituted and for the figure I wherever it occurs, the figure 3 shall be substituted.
12. In sub-rule (b) of Rs 89A, the words Such a application shall be affixed with a Court fee of Rs 4 (Rupees four) shall be deleted.
Rule 44. Changes in classification When a motor vehicle is converted from one class to another it shall be produced for inspection and shall be registered afresh, the previous registration certificate being surrendered to the registering authority. There shall be payable a fee of Rs 5 in such cases, which shall be credited to Government.
Rule 46(h). The following consolidated fees for each inspection shall be payable to Government by the owner
|
N.B. The inspection fees for motor vehicles not plying for hire or reward under the above categories shall be Rs 5, 8, 10, & 3 respectively. No inspection fee shall be payable in respect of any motor vehicle owned by Government and used for Government purposes unconnected with any commercial enterprise.
Rule 47(d) The fee in respect of the temporary registration of any vehicle shall be Rs 2, which shall be credited to Government.
Rule 48(a) When the original certificate or registration/fitness is lot or destroyed, the owner of motor vehicle shall forthwith report the matter to the registering authority/ Inspector of Motor Vehicles, by whom the certificate was issued/ issued or last renewed, and shall apply with a fee of Rs 2/Rs 2 in form CRLD/CFA for the issue of a duplicate certificate.
Rule 49(a) The fee payable in respect of registration shall be:
|
Provided that she State Transport Commissioner, Assam may for special reasons in writing remit wholly or partly the fee in respect of any motor vehicle.
Rule 52(c) The fee for registration of transfer of ownership shall be Rs 2.
Rule 53. Fees for alteration to motor vehicle. There shall be payable a fee of Rs 2 for recording an alteration to the motor vehicle under section 32 of the Act.
Rule 81, Rule 82 The fee for replacement of a vehicle covered by a permit was Rs 10.
Rule 85 (e) (i) If the transport authority is satisfied that the transfer of a permit may properly be made, it shall call upon the holder of the permit to surrender Parts A and B of the permit within seven days of the receipt of the order and shall likewise call upon the person to whom the permit is to be transferred to deposit a sum of Rs 10 as transfer fee unless such transfer is due to inheritance.
Rule 86 (e) The fee for the issue of a duplicate permit shall be Rs 3 for Part A and Re 1 for each copy of Part B, and the fee for a duplicate temporary permit issue in accordance with this rule shall be Re 1.
Rule 89 (A) (b) Any aggrieved person making an application referred to in sub-rule (a) shall within thirty days from the date of order of a Regional Transport Authority, do so in writing to the Secretary to the State Transport Authority, setting forth concisely the grounds for revision against the order passed by a Regional Transport Authority accompanied by a certified copy of the said order and the prescribed fee of Rs 25 (Rupees twenty-five) Such any application shall be affixed with a Court fee of Rs 4 (Rupees four).
No. TMV.491/69/7. In exercise of the powers conferred by Clause (c) of sub-section (2) of Section 68 of the Motor Vehicles Act, 1939 (Central Act IV of 1939), the Governor of Assam is pleased to make, after previous publication the following amendments to the Assam Motor Vehicles Rules, 1940,
1. After Rule 165 of the said Rules, the following shall be inserted as Rule 165 A, namely:
165A. Painting and marking of contract carriages of the type of bazar buses. (1) The hood of every contract carriage of the type of bazaar bus shall be painted in aluminium and the rest of the body in thunder grey colour:
(2) No motor vehicle other than a contract carriage of the type of bazaar bus shall be painted in the manner prescribed in sub-rule (1).
2. After Rule 172 of the said Rules, the following shall be inserted as Rule 172A, namely:
172A. Pointing and marking in certain manner (1) The hood of every motor cab shall be painted in cream yellow and the rest of the body in black colour.
(2) No motor vehicle other than a motor cab shall be painted in the manner prescribed in sub-rule (1).
No.TMV.182/71/13. In exercise of the powers conferred by clause (b) of sub-section (2) of Section 68 of the Motor Vehicles Act, 1939 (Act IV of 1939) as amended, the Governor of Assam is pleased to make, after previous publication, the following amendments to the Assam Motor Vehicles Rules, 1940, published with the notification of the Government of Assam is the Home Department No. 12810-H, dated the 10th December, 1941.
In the said Rules, for Rules 88, 89 and 89A, the following shall be substituted, namely:
88. Appeals and revision applications against order of State or Regional Transport Authority (1) An appeal to the State Transport appellate Tribunal under Section 64 against the order of he State Transport Authority or a Regional Transport Authority shall be made within thirty days of the date of receipt of the order by the person preferring the appeal. It shall be in the form of a memorandum setting forth concisely the ground of objection to the order of the State Transport Authority or of the Regional Transport Authority as the case may be; and shall be accompanied by a certified copy of the order appealed against and as many copies of the memorandum of appeal as there are respondents and a fee of rupees thirty.
(2) An application under Section 64A to the State Transport Appellate Tribunal by a person aggrieved by an order of the State Transport Authority or a Regional Transport Authority, as the case may be, shall be in the form of a memorandum setting forth concisely the grounds of objection to the said order and shall be accompanied by a certified copy of the order of the authority and as many copies of the applications as there are respondents and a fee of rupees thirty.
(3) After the State Transport Appellate Tribunal has admitted an appeal under sub-section (1) of Section 64 or a revision application under Section 64A, it shall appoint time and place for the hearing of he appeal or revision application, as the case may be, and give an intimation to the authority against whose order the appeal or revision application is made and also to the appellant or applicant concerned and any other person likely to be affected by the grant of the relief prayed for. Such appellant, respondent or the person interested shall appear before the Tribunal in person or through an authorised representative with original documents or records pertaining to the case on the appointed date and place of the hearing and subsequent hearing, if any, date and place of the hearing and subsequent hearing, if any.
(4) The Secretary of the State Transport Authority or the Regional Transport Authority concerned shall, within fourteen days of the receipt of such intimation send all the original documents and records pertaining to any appeal or revision application with proper index and paging to the State Transport Appellate Tribunal when the same are called for by it.
(5) The Tribunal may, after following the procedure laid down in sub-section (1) of Section 64, or in Section 64A, as the case may be, and after such further inquiries, if any, as it may consider necessary, confirm, vary or set aside the order against which an appeal or revision application is made or pass such other order in relation to the facts of the case as it deem fit, and shall make an order accordingly.
89. Notwithstanding anything contained in these rules, every appeal pending at the commencement of the Motor Vehicles (Amendment) Act, 1969 shall be proceeded with and disposed of as if these rules had not been made.
89A. Supply of copies of documents to persons interested in appeal or revision. Where an appeal under section 64 is preferred or revision application under section 64 A is made to the State Transport Appellate Tribunal the Secretary of the State Transport Authority or the Regional Transport Authority concerned may give to any person interested in the appeal or revision application, copies of any documents connected therewith.
Rule 88(a) The Authority to decide an appeal against the orders of the State Transport Authority in respect of matters dealt with in clauses (a), (b), (c), (d), (e), (f), (g), (h) and (i) of Section 64 of the Act shall be the Assam Board of Revenue constituted under section 3 of the Assam Board of Revenue Act, 1962 (Act XXI of 1962). Any person preferring an appeal against the orders of the State Transport Authority in respect of any such matter shall, within thirty days of the receipt of such order, do so in writing to the Secretary to the Assam Board of Revenue in the form of a memorandum in the manner laid down by the Assam Board of Revenue in its Regulations setting forth the grounds of objections to the order of the State Transport Authority accompanied by a certified copy of that order which shall be granted free:
Provided that the Appellate Authority may in any special circumstances extend the period of limitation to such longer period as it may deem fit.
(b) Upon receipt of an appeal in accordance with sub-rule (a) the appellate authority shall appoint a time and place to hear the appeal giving the appellant not less than 30 days notice, and shall order the appellant to deposit such fee as it may specify not exceeding Rs 50.
(c) No further appeal shall be against any order of the appellate authority constituted under sub-rule (a).
Note: The Period of 30 days prescribed in sub-rule (a) shall exclude time required for obtaining a certified copy of the order appealed against.
89. Appeals against the order of the Regional transport Authority. (a) The authority to decide an appeal against the orders of the Regional Transport Authority under Clauses (a), (b), (c), (d), (e), (f), (g), (h) and (i) of Section 64 of the Act shall be the Chairman and two members of the State Transport Authority appointed by the Chairman. Any person preferring an appeal against the order of the Regional Transport Authority in respect of such matters shall, within thirty days of the respect of such order, do so in writing to the Secretary of the State Transport Authority in the form of a memorandum in duplicate setting forth concisely the grounds of objection to the order of the Regional Transport Authority, accompanied by certified copy of the order which shall be granted free.
(b) Upon receipt of an appeal in accordance with sub-rule (a), the appellate authority shall appoint a time and place for hearing of the appeal giving the appellant not less than thirty days notice and shall in that case order the appellant to deposit such fee, not exceeding Rs 25 as the appellate authority may specify.
(c) No further appeal shall lie against any order of the appellate authority constituted under sub-rule (a).
Note. The prescribed period of thirty days shall exclude the time required for obtaining a certified copy of the order against which the appeal is preferred and one copy of such order shall be granted free.
Rule 89A. Hearing of applications for revision against the order made by a Regional Transport Authority.
(a) The State Transport Authority may authorise its Chairman of his own motion or on an application made to him to call for the record of any case in which an order has been made by a Regional Transport Authority and in which no appeal lies and to pass such order in relation to the case as he deems fit.
(b) Any aggrieved person making an application referred to in sub-rule (a) shall, within thirty days from the date of order of a Regional Transport Authority do so in writing to the Secretary to the State Transport Authority, setting forth concisely the grounds for revision against the order passed by a Regional Transport Authority, accompanied by a certified copy of the said order and the prescribed fee of Rs 25 (Rupees twenty-five).
(c) On receipt of such an application made in accordance with sub-rule (b), the authority referred to in sub-rule (a) shall appoint time and place for hearing of the application of revision and the applicant shall, on the appointed time and place, and on adjourned hearing, if any, appear and conduct his case in person or by any person authorised by him in writing in this behalf.
No.TMV.299/72/13. In exercise of the powers conferred by Section 41 of the Motor Vehicles Act, 1939 (Central Act IV of 1939), the Governor of Assam is pleased to make after previous publication, the following amendment to Assam Vehicles Rules, 1940.
In sub-rule (a) of Rule 41 of the said Rules,
(a) For the groups of letters, figures and word ASK I and ASZ I appearing against the entry Kamrup the groups of letters, figures, comma and word ASK I, ASZ I and ASU I shall be substituted,
(b) For the groups of letters, figures and word ASL, I and ASE I appearing against the entry Lakhimpur the groups of letters ASM I shall be substituted, and
(c) After the entry Darrang the new entry, groups of letters figures and word Dibrugarh . ASL I and ASE I shall be inserted.
Rule 41(a). Assignment and Exhibition of Registration marks. The registration mark to be assigned under sub-section (3) of Section 24 of the Act shall be as shown below:
|
No.TMV.66/70/41. In exercise of the powers conferred by Section 68 of the Motor Vehicles Act, 1939 (Act IV of 1939), the Governor of Assam is pleased to make, after previous publication, the following amendment to the Assam Motor Vehicles Rules, 1940 published with notification of the Government of Assam in Home Department No.12810-H, dated the 10th December 1941.
Alter Rule 100 of the said Rules, the following new rules shall be inserted namely:
Definition. 100(a) In these rules, unless the context otherwise requires.
(1) Agent means any person who engages himself directly or indirectly in the business of
(a) Collecting,
(b) Forwarding and distributing,
(c) Collecting, forwarding and distributing, goods carried by any public carriers.
(2) Agents licence means a licence granted under Rule 100(c);
(3) Collecting agent means a person licensed to do the business of collecting goods carried by any public carrier;
(4) Collecting and forwarding agent means a person licensed to do the business of collecting, forwarding and distributing goods carried by any public carrier;
(5) Forwarding agent means a person licensed to do the business of forwarding and distributing goods carried by any public carrier; and
(6) Licensing authority means
(a) In relation to an agents license to be operative in more than one region of the State, the State Transport Authority,
(b) In any other case, the Regional Transport Authority of the region in which the applicant intends to carry on the business.
100(B). Licensing of agents. No person shall act as an agent unless he holds a valid licence in Form III granted by licensing authority for the purposes of such business.
100(C). Application. (1) Any person desiring to obtain a cencefor carrying on any business referred to in clause (1) of Rule 100(A) or for renewing such licence may make an application to the licensing authority in Form I or Form II, as the case may be.
(2) The application shall be accompanied by a fee of Rs 100.
(3) On receipt of an application, the licensing authority shall, having regard, among other things, to the following matters, namely
(a) The number of goods vehicles either owned by the applicant or under his control;
(b) The suitability of accommodation possessed by the applicant for the storage of goods;
(c) The facilities, if any, provided by the applicant for parking the goods vehicles for the purpose of loading and unloading goods; and
(d) The financial resources of the applicant and his ability to manage the business efficiently.
Either grant or refuse to grant or renew the licence:
(4) The State Transport Authority shall cause copies of any licence granted or renewed by it, under this rule to be sent to each of the Regional Transport Authorities of the regions in which such licence is to be operative.
100(D). Security for compliance with conditions Where it appears necessary so to do for ensuring proper compliance with the conditions referred to in Rule 100(G) the licensing authority may, at the time of granting or renewing licence or at any time during the validity of a renewing licence or at any time during the validity of a licence, order, for reasons to be recorded in writing, the licensee to furnish a reasonable security on such scale as may be notified by the State Government in the official Gazette, and where the licensee has furnished earlier any security in pursuance of an order passed under the provisions of this rule, such additional security as may be reasonable.
(2) An agents licence shall be non-transferable.
(3) No agents licence shall authorise a person to act as such agent unless he has adequate facilities to load and unload goods at the premises approved by the State Transport Authority or Regional Transport Authority as the case may be under these Rules.
100(F). Period of validity and renewal of licence. (1) An agents licence shall be valid for a period of five years from the date of its grant or renewal.
(2) It may be renewed on an application made to the licensing authority not less than thirty days before the date of its expiry.
(3) The renewal of licence shall be by endorsement of the renewal thereof by the licensing authority on the original licence.
100(G). Conditions for agents licence. An agents licence shall be subject to the following condition, namely
(a) That the licensee shall, subject to the provisions of Rule 100(j), provide places for loading and unloading of goods;
(b) That the licensee shall be responsible for proper arrangements for storage of goods collected for despatch and delivery;
(c) That, where he is authorised to forward and distribute goods, the licensee:
(i) Shall be responsible for proper delivery of the goods to the consignee;
(ii) Shall be liable to indemnify the consignee for any loss or damage to goods while in his control or possession;
(iii) Shall not issue a goods transport receipt without having actually received the goods;
(iv) Shall not deliver the goods to the consignee without act tally receiving from the consignee a goods transport receipt or, if the receipt is lost or misplaced, an indemnity bond covering the value of goods;
(d) That the licensee shall issue the goods against any loss or damage while in his control or possession;
(e) That 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 by the State Transport Authority or the Regional Transport Authority or by any person duly authorised in this behalf by any such authority and shall furnish to the State Transport Authority by 31st March every year a return in respect of the previous calendar year in Form IV;
(f) That the licensee shall not charge any commission exceeding that prescribed by the State Transport Authority or Regional Transport Authority as the case may be under Rule 100(I);
(g) That the licensee shall furnish the operators with correct figures of the freight receivable by them from the consignors or the consignees;
(h) That the licensee shall maintain proper accounts of the commission charged by him and have the same audited by qualified auditors annually;
(i) That the license shall ensure that the goods vehicles under his control have valid permits for routes on which the vehicles have to ply;
(j) That the licensee shall maintain in good condition a weighing device capable of weighing at a time not less than 226kg (500 lbs.);
(k) That the licensee shall attend to his customers in the order in which they approach him;
Provided that customers in respect of such perishable goods as may be notified by the State Government in the official Gazette shall be given priority over other customer and shall be attended to in the order in which they approach the licensee;
(l) That the licensee shall assign the available traffic amongst the operators in the order in which they have approached him and shall maintain a register chronologically recording particulars of the available traffic and the waiting operators;
(m) That the licensee shall comply with the provisions of these rules and shall observe such other conditions as the licensing authority may specify in the licence;
(n) That the licensing authority may, at his discretion, order for seizure, in whole or in part, of the security or the additional security furnished by the licensee under Rule 100(D) for contravention of any these rules or for breach of any of the aforesaid conditions by the licensee;
(o) That the licensing authority may after giving notice of not less than one month in writing either very the conditions of the licence or attach further conditions to the licence;
100(H). Particulars to be mentioned in contract of agency All contracts entered into by the licensee for the purpose of collecting, forwarding and distributing goods, or collecting goods, for forwarding and distributing goods, as the case may be shall be in writing and shall contain the following particulars
(i) Names and address of the consignot and the consignee
(ii) Description and weight of the consignment;
(iii) Destination and its distance in kilometres/ miles from the starting station;
(iv) Freight for tonne-mile and for the whole consignment;
(v) Delivery instructions (3.g. g., the day by which and the exact place where the goods are to be delivered to the consignee);
(vi) Terms of payment agreement;
(vii) Name of the owner, driver, the registration number of the vehicle and its authorised load, and the rate and amount of the commission.
100(I). Rate of Commission. The State Government may, by notification in the official Gazette, prescribed the maximum rates at which commission may be charged by licensees under these rules and the State Transport Authority or Regional Transport Authority as the case may be, may prescribe such rates of commission not exceeding the rates prescribed by the State Government in regard to licenses transacting business in its region.
100(J). Premises to be used (1) The State Transport Authority or Regional Transport Authority as the case may be, may in consultation with the local authority pr the police authority having jurisdiction over the area concerned, approve any premises owned by or in the possession of a licensee or an applicant for an agents licence to be used for loading or unloading of goods or for parking goods vehicles or for the storage of goods in the custody of the agent, having regard to the suitability of the site, sanitary conditions and storage facilities provided at such premises.
(2) Any approval under sub-rule (1) shall be subject to the following conditions, namely
(i) That the premises shall at all times be kept in a clean condition