Sinha, J. - (1.) The petitioner Radha Govinda Paul has made this application on his own behalf as well as in his capacity as the Secretary of an association known as "The District Transport Organization, Midnapore." The petitioner is himself the owner of several Buses plying in the district of Midnapore and the association consists of various owners of Buses plying or intended to ply in that district. The Association is not an incorporated one and the question will arise as to whether the petitioner can properly represent it and whether I can take any notice of this application as having been made on behalf of the association. The petition shows that the association has been in existence for more than 10 years.
(2.) It appears that since December 1951, the fares that were charged by the members of the association including the petitioner had the concurrence of the Regional Transport Authority and was according to a schedule set out in paragraph 3 of the petition. In August 1952, however, the Regional Transport Authority appointed a committee to investigate into the question of a reduction in Bus fares. The committee considered the representations of various bodies including the District Transport Organization and finally, in September 1952, fixed certain fares which are set out in paragraph 6 of the petition. It appears that these fares as newly fixed are lower than previous fares, which is the real reason for objection on behalf of the Bus owners. On or about 23-3-1953, the petitioner Radha Govinda Paul was served with a memo being memo No. 4088 (150) J. G., dated 18-3-1953, a copy whereof is annexed to the petition. The memorandum recited that Stage Carriage fares had been modified by the R. T. A. and such modification was to be treated as a condition of each permit issued to Stage Carriage permit-holders of the district. Copies of this memo were sent to all Bus owners plying on the routes within the district for giving immediate effect to the modified rates.
(3.) The short point taken on behalf of the petitioner is that the respondent, Regional Transport Authority, Midnapur, is not authorised by the Motor Vehicles Act to fix the fares to be charged in respect of stage carriages, from which it follows that it could not modify any fares which the Bus owners had been charging. Under Section 43, Motor Vehicles Act, the State Government has been given express power to fix the maximum or minimum fares or freights for stage carriages and public carriers throughout the State. Under Section 46, an application for a stage carriage permit is to mention particulars set out therein, or such matters as may be prescribed, which means prescribed by the rules. Section 47 deals with the procedure to be followed by the Regional Transport Authority in considering application for Stage Carriage permits. In doing so, it has to consider any representation made by any association interested in the provision of road transport facilities, which will of course include the association of which the petitioner is the Secretary. Section 48 is important and the relevant portion is as follows: " 'Power' to restrict the number of Stage Carriages and impose conditions on stage carriage permits'- A Regional Transport , Authority may, after consideration of the matters set forth in Sub-section (1) of Section 47.... (d) attach to a Stage Carriage permit any prescribed condition or any one or more of the following conditions, namely- (I) that the service specified in the permit shall be commenced not later than specified date and be continued for a specified period; (II) that the service may be varied only in accordance with specified conditions; (IIa) that the stage carriage or stage carriages shall be used only in specified routes or in a specified area. (III) that copies of the fare table and time table shall be exhibited on the stage carriages and that the fare table so exhibited shall be observed; (IV) that not more than a specified number of passengers and not more than a specified amount of luggage shall be carried on any specified Vehicle at any time. (V) that within Municipal limits and in such other areas and places as may be prescribed passengers shall not be taken up or set down at or except at specified points; or (VI) that tickets shall be issued to passengers for the fares paid." Under Section 51 the Regional Transport Authority has been given the powers to fix the farae in the case of Motor Cabs. Section 67 grants powers to the State Government to make rules for certain purposes mentioned therein, in respect of Stage Carriages and contract carriages. Under Section 68, rule making power has been given to the State Government to make rules for the purpose of carrying into effect the provisions of Clause 4 of the Act. Under Sub-section (2), Clause (c) of Section 68, it can prescribe the forms to be used for the purpose of the chapter, including the form of permits Rules have been framed and under Rule 59, every application of a permit in respect of transport vehicle has to be in the form prescribed 'therein. The relevant form for applying for a permit in respect of particular stage carriage is form P. St., PA, as set out at page 116 of the rules. In this application form item 8 is as follows: "The standard rate of fare which it is proposed to charge is................ pies per passenger per mile.";