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PART III.
Charges for Carriage of Merchandise.
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Classification of merchandise.
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38.—(1) Whenever—
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(a) a merchandise licence is granted to an authorised (merchandise carrying) company or a shipping company or to an existing carrier whose merchandise road transport business is owned or controlled directly or indirectly by an authorised (merchandise carrying) company or a shipping company, or
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(b) a merchandise licence is transferred to an authorised (merchandise carrying) company or a shipping company, from any person other than an authorised (merchandise carrying) company, a shipping company, or an existing carrier whose merchandise road transport business is owned or controlled directly or indirectly by an authorised (merchandise carrying) company or a shipping company, or
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(c) a merchandise road transport business carried on under a merchandise licence becomes owned or controlled directly or indirectly by an authorised (merchandise carrying) company or a shipping company,
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the licensee under such licence shall, within three months or such longer period as the Minister may allow after such grant or transfer or after such business becomes owned or controlled directly or indirectly by an authorised (merchandise carrying) company or a shipping company (as the case may be) submit to the railway tribunal a proposal for the classification of the merchandise specified in such licence for the purposes of the application to such merchandise of rates of charges under this Part of this Act.
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(2) Whenever a proposal for the classification of merchandise is made to the railway tribunal by the licensee under a merchandise licence in pursuance of this section the railway tribunal shall consider and, after hearing all parties interested who are desirous of being heard, determine the classification of merchandise applicable to such licensee.
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(3) In exercising the powers conferred on them by this section the railway tribunal shall have power to divide any classification determined by them into such number of classes containing such descriptions of merchandise as they think fit, and in determining the class in which any particular merchandise shall be placed they shall, in addition to all other relevant circumstances, have regard to the value, the bulk in comparison to weight, the risk of damage to and the cost of handling such merchandise, and the saving of cost of handling such merchandise which may result when such merchandise is forwarded in large quantities, but so nevertheless, that any classification as a whole shall be on broad simple lines suitable to the circumstances and calculated to promote the best interests of the merchandise road transport industry.
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