TMI Blog1972 (8) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... Transport Authority did not take the application of, the respondent into consideration by reason of a resolution passed by the State Transport Authority, Rajasthan, which was in force. That Resolution dated January 27,1969 and numbered Tr.S.T. A/69/31743 was duly notified and published on February 6, 1969 as follows:- In exercise of the powers under section 44 and section 3(b) of the Motor Vehicles Act the State Transport Authority, Rajasthan resolves that with effect from the date of the publication of this resolution in the official Gazette, (1) The State Transport Authority shall hereinafter grant all types of permits, renewals, transfers etc. on inter-regional and inter-statal routes. In respect of these routes State Transport Authority shall perform all the duties hitherto being performed by the Regional Transport Authority; (2) All types of permits on inter-statal routes shall be countersigned by the State Transport Authority. Relying principally on the above resolution the Regional Transport Authority Jaipur, declined to consider the respondent s application, which it is admitted, was for an inter regional and inter-state route. Aggrieved by the decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions specified in sub-section (3) The other authority is the Regional Transport Authority. The area of the State is divided into regions and a region is allotted to the control of the Regional Authority. These Regional Transport Authorities had to exercise the powers and functions conferred On them by several other sections in Chapter IV. Sub-sections (3) (4) of Section 44 are as follows; (3) A State Transport Authority (shall give effect ,to any directions issued under Section 43, and subject to such directions and save as otherwise provided by or under this Act) shall exercise and discharge throughout the State the following powers and functions, namely:- (a) to co-ordinate and regulate the activities and policies of the Regional Transport Authorities if any, of the State; (b) to perform the duties of a Regional Transport Authority where there is no such Authority and, if it thinks fit or if so required by a Regional Transport Authority, to perform those duties in respect of any route common to two or more regions; (c) to settle all disputes and decides all matters on which differences of opinion arise between Regional Transport Authorities; and (d) to discharge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view which ,had been taken by an earlier division bench of that court. Moreover, neither grammar nor convenience compels the construction adopted by the learned Judges. The State Transport Authority is a superior Authority, and if for any reason no Regional Transport Authority is functioning, one does not see why the duties and functions of the Regional Transport Authority should not be left to be performed by the State Transport Authority. The provisions in the Act with regard to the issue of permits and the like are made in the public interest and it will lead to great inconvenience if in the absence of a Regional Transport Authority the public should be entirely left to the mercy of the State Transport Authority whether it will exercise its discretion to perform the duties and functions of the Regional Transport Authority or not. In our opinion, the first contingency is the one when a Regional Transport Authority is not functioning. In that contingency, all the duties and functions of the Regional Transport Authority are expected to be carried out by the State Transport Authority. Then we have two more contingencies in which the State Transport Authority may take over the dutie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hinks it fit to perform the duties of the Regional Transport Authority in respect of any route common to two or more regions or (iii) where the State Transport Authority is required by the Regional Transport Authority to perform those duties in respect of any route common to two or more regions. This power under clause (b), however, is subject to certain limitations. Sub-section (3) begins with the words A State Transport Authority shall give effect to any directions issued under section 43, and subject to such directions and save as ,otherwise provided by or under this Act shall exercise and discharge throughout the State the following powers and functions, including those in sub-clause (b). It is clear, therefore, that the functions under sub-clause (b) could be discharged by the State Transport Authority subject to directions given to it under section 43 of the Act and save as otherwise provided by or under the Act. In the present case it is urged that directions have been issued by the State Government under section 43. We shall deal with this point in another place. The other limitation is that the State Transport Authority could perform the duties of the Regional Trans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notification in the official Gazette to issue directions to the State Transport Authority in 4 specified cases. One of them is contained in clause (iv) of sub-section (1). The State Government is entitled to give direction to the State Transport Authority regarding any matter which may appear to the State Government necessary or expedient for giving effect to any agreement entered into with the Central Government or any other State Government or the Government or any other country relating to the regulation of motor transport generally, and in particular to its co-ordination with other means of transport and the conveying of long distance goods traffic. It is not disputed before us that the State Government of Rajasthan has by notification dated December 14, 1966 issued directions under section 43 (1) (iv) to the State Transport Authority to the effect that the Regional Transport Authority was to invite applications for grant of permits on inter-state routes or to select applications for the grant of permit. Now this direction is binding on the State Transport Authority and since it has to give effect to this direction, it cannot function contrary to this direction. It is obvio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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