38 Registration of transporter, carrier or forwarding agent, railway container contractor, owner or person incharge of godown or cold storage or warehouse

Registration of railway container contractor, an air cargo operator, a courier service operator, owner or person incharge of godown or cold storage or warehouse other than transporter

38(1) (a) Every person, who starts business in the capacity of a railway container contractor, an air cargo operator or a courier service provider, or an owner or person in-charge of godown or cold storage or warehouse other than transporter or carrier who stores commercial goods, on or after the date of the commencement of the Act; or

(b)Every person who carried on business in the capacity of a railway container contractor, an air cargo operator or a courier service provider, or an owner or person in-charge of go-down or cold storage or warehouse other than transporter or carrier who stores commercial goods before the date of the commencement of the Act and continues the business in capacity of a railway container contractor, an air cargo operator or a courier service provider, or an owner or person in-charge of godown or cold storage or warehouse other than transporter or carrier who stores commercial goods on or after the commencement of the Act;

shall apply in Form XIV to the registering authority within thirty days from the date of commencement of such business or ninety days from the date of publication of the notification of this rule which ever is later, for grant of Service Provider Number.

(2) Every application, referred to in sub-rule (1) shall accompany proof of deposit of fee of rupees one hundred:

Provided that a person referred to in sub-rule(1) fails to apply within the time for issue of Service Provider Number without prejudice to any other liability under the Act, may apply after depositing late fee at the rate of Rs fifty for every month or part thereof for the period of delay.

(3) Applications shall be duly filled in and signed by the person described in column 2 of the table below and the person shall use the status code described in column 3 of the table :

(4) Where after examination of the application and after making such enquiry as he may deem fit, the registering authority is satisfied that particulars furnished are correct and complete and required fee and late fee, if any, has been deposited by the applicant, he shall cause a railway container contractor, an air cargo operator or a courier service provider, or an owner or person in-charge of godown or cold storage or warehouse other than transporter or carrier to be registered.

(5) Every railway container contractor, an air cargo operator or a courier service provider or an owner or person incharge of go-down or cold storage or warehouse other than transporter or carrier registered under sub-rule (4) shall be granted a registration certificate in Form XVI bearing a number which shall be comprised of such number of numeric or alpha-numeric digits as may be determined by the Commissioner

(6) Provisions of rules 33, 34, 35, 36 and 37-A shall, mutatis mutandis apply to registration certificates issued to a railway container contractor, an air cargo operator or a courier service provider or an owner or person in-charge of go-down or cold storage or warehouse other than transporter or carrier as they apply to dealers.

(7) Every person under this rule shall maintain following records:-

(1) A register in respect of all consignments of goods received by him for transportation or storage;

(2) Office copy of goods receipt or consignment note issued in respect of goods received by him for transportation or storage;

(3) Office copy of goods challan prepared by him for delivery to the person in charge of the vehicle or driver of the vehicle;

(4) a goods receipt and delivery register in respect of all consignments of goods received and delivered by him;

(8) (a)Where a railway container contractor, an air cargo operator or a courier service provider, receives any goods from any person for carrying to any destination, he shall require the person to submit a declaration in Form XVII and like wise where a railway container contractor, an air cargo operator or a courier service provider receives any good for delivery he shall obtain declaration in Form XVIII from the person to whom goods are delivered;

(b) Where an owner or person in-charge of go-down or cold storage or warehouse other than transporter or carrier receives any goods for storage he shall obtain declaration in form XIX from the owner of the goods, at the time of receiving the goods for storage and likewise where an owner or person in-charge of go-down or cold storage or warehouse other than transporter or carrier delivers the goods, shall obtain declaration in form XX from owner of the goods at the time of delivery of goods.

(9) Every a railway container contractor, an air cargo operator or a courier service provider or an owner or person incharge of godown or cold storage or warehouse other than transporter or carrier shall preserve all records maintained by him for a period of 8 years after the expiry of the assessment year to which they belong.

(10) The commissioner may from time to time issue instructions with regard to the procedure to be followed in respect of disposal of registration application and issue of registration certificate under the Act.