TMI Blog1976 (9) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... al Transport Authority to grant stage carriage permits with conditions annexed thereto. The first stage of exercise of this power is preceded by the quasi-judicial enquiry, under Section 47 of the Act, into the matters affecting the interests of public in general. Section 48, sub-section (1), subjecting the power to grant stage carriage permits to provisions of Section 47 of the Act, includes what may be correctly characterised as the quasi-judicial power either to grant or refuse to grant a permit after consideration of matters stated in Section 47 of the Act. After that, we come to the power to attach conditions laid down in S. 48 (3), and we find: 48 (3) The Regional Transport Authority, if it decides to grant a stage carriage per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad, in its turn, issued a direction to the Regional Transport Authorities all over the State under Section 44 (1) of the Act to impose the duty of carrying the postal goods upon rates fixed by the Government as a condition annexed under Section 48 (3) (xv) to permits. 4. The relevant part of Section 43 (1) of the Act enacts: 43 (1) A State Government having regard to - (a) the advantage offered to the public, trade and industry by the above development of motor transport, and (b) the desirability of co-ordinating road and rail transport, and (c) the desirability of preventing the deterioration of the road system, and (d) the desirability of preventing un-conomic competition among motor vehicles may, from tim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... includes both freights and fares. It is true that the term fare is used in relation to charges made for the carriage of goods. Nevertheless, both are charges. It may be that stage carriages are meant for the carriage of passengers. But, as is a matter of common knowledge, they also carry the luggage of passengers. In other words, they also carry some goods incidentally. The mail bags in which the postal goods are sent are only a type of goods which are not so bulky as to require trucks or special vans. It is possible to carry them in stage carriages together with the luggage of the passengers. In any case, this is a condition which is probably imposed only in those areas where mail vans of the State are not found to be necessary or econo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be must rest on considerations of policy and on facts which are not quite relevant to the grant of stage carriage permits. In any case, it is the State Government which has the data and the legal power, under Section 43 (1) of the Act, to fix freights for carriage of postal goods in various types of carriages, mentioned there including stage carriages. We think that such charges are merely a species of freight on postal goods about which the State Government can issue appropriate directions to the State Transport Authority. The Regional Transport Authority has only to annex the condition automatically in areas where such a condition may be required to be annexed to the permits granted. 8. A reference to Section 59, sub-section (3) (c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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