- (1.) BY this writ petition the validity of a resolution of the State Transport Authority, jaipur (Annexure-8) is questioned. I may read that resolution: "in exercise of the powers under Section 44 Sub-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 hereafter grant all types of permits, renewals, transfers etc. , on Inter-Regional and Inter-Statal routes. In respect of these routes S. T. A. , shall perform all the duties, hitherto being performed by the Regional Transport Authorities. (2) All types of permits on Inter-Statal routes shall be countersigned by the S. T. A. " Sd/- Inder Singh Shekhawat secretary State Transport Authority, rajasthan, Jaipur. " The petitioner contends that this resolution is bad, because according to the provisions of Section 44 (3) of the Motor Vehicles Act, 1939, hereinafter to be referred as the "act", the State Transport Authority could not have taken upon itself the functions of the Regional Transport Authority in relation to an inter-statal route. Section 44 empowers the Slate Government to constitute, for the State, a state Transport Authority to exercise and discharge the powers and functions specified in Sub-section (3) thereof and it shall in like manner constitute a regional Transport Authority to exercise and discharge throughout such areas referred to as regions as may be specified in the notification in respect of each regional Transport Authority. Sub-section (3) which is the main provision that falls to be considered reads as follows:- "sub-section (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 Regional transport Authority, to perform those duties in respect of any route common to two or more regions; (c) to settle all disputes and decide all matters on which differences of opinion arise between Regional Transport Authorities; and (d) to discharge such other functions as may be prescribed. "
(2.) SUB-SECTION (3) of Section 44 makes it incumbent on the State Transport authority to give effect to any directions issued under Section 43 of the Act. It is only subject to such directions and save as otherwise provided that the State transport Authority has to exercise its powers and functions laid down in Clauses (a) to (d) of that sub-section. Generally, the State Transport Authority has to act as a coordinating authority to regulate the activities and policies of the Regional authorities. Clause (b) enables the State Transport Authority to perform certain functions of the Regional Authorities under the stated conditions. In my view, this sub-section (b) could be broken as follows:-- (1) The State Transport Authority shall exercise and discharge throughout the State the powers and functions by performing the duties of a Regional Transport Authority where there is no such authority. (2) If the State Transport Authority 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.
(3.) THE second part can be further subdivided as follows:- (a) If the State Transport Authority thinks fit it can perform those duties (by which is comprehended the duties of the Regional Transport authority) in respect of any route common to two or more regions; and (b) the State Transport Authority shall, if so required by the Regional authority to perform those duties in respect of any route common to two or more regions,;