The State Government can authorise the Regional Transport Officer to exercise the powers and discharge the functions of the State Transport Authority under Sections 48-A, 51-A and 56-A of the Motor Vehicles Act.

SATYANARAYANA RAJU, J.

( 1 ) ). The following question has been referred to the Full Bench: "whether the State Government can authorise the Regional Transport Officer to exercise the powers and discharge the functions of the State Transport Authority under Sections 48-A, 51-A and 56-A of the Motor Vehicles Act?

( 2 ) THE factes relevant for the consideration of the question may he stated: Respondents 3 and 4 are holders of two stage carriage permits on the route Gujjanagundla to Old Guntur via Stall Girls School. By their applications, dated 5/05/1956, they applied to the Regional Transport Officer, Guntur for variation of the route by extending it to Nambur Railway Station. In his proceedings, dated 22/08/1956, the Regional Transport Officer refused the applications of respondents 3 and 4 to extend the route. The two operators thereupon preferred revision petitions to the Government of Andhra. By their order dated 24/10/1956, the Government set aside the order of the Regional Transport Officer and directed him to grant the extension of the route. The propriety of the Government Order is the subject-matter of these Petitions, filed under Article 226 of the Constitution.

( 3 ) ). About two decades ago, in the year 1939, the Central Legislature enacted the Motor Vehicles Act (IV of 1939) (hereinafter referred to as the Principal Act ). Since then the Central as well as the State Legislatures have made extensive amendments to the Act. The Act was amended by the Madras Legislature in its application to the Madras State by several Amendment Acts. For the purposes of this reference, it is sufficient to notice the amendments made by the Motor Vehicles (Madras) Amendment) Act (XX of 1948), which may hereinafter be referred to as the Amendment Act.

( 4 ) ). The Act creates new rights and liabilities and prescribes an elaborate procedure for regulation of motor transport. It contains ten Chapters. Chapter IV, entitled Control of Transport provides for establishment by the State Government of a regular hierarchy of Administrative Bodies. 5. Section 44 of the principal Act empowers the State Government to constitute a State Transport Authority and Regional Transport Authorities for notified regions with specified powers and functions. Section 48 confers certain powers on a Regional Transport Authority. One of such powers is to attach to a stage carriage permit the following, among other conditions: "that the stage carriage or stage carriages shall be used only on specified routes or in a specified area. " It is here necessary to notice the provisions introduced by the Amendment Act. Section 44-A reads: "the State Government may appoint a State Transport Commissioner and notwithstanding anything contained in this Act, may, by notification in the Fort St. George Gazette, authorise such Commissioner or any officer subordinate to him to exercise and discharge, in lieu of any other authority prescribed by or under this Act, such powers and functions as may be specified in the notification. " Section 48-A is in the following terms: "any conditions attached to a stage carriage permit in pursuance of Clause (d) of Section 48 may, at any time, be varied, cancelled or added to by the State Authority, provided that this power shall not be exercised to the prejudice of the holder of the permit without giving not less than three months notice to him. " 6. Section 51-A inserted by the Amendment Act, confers similar power on the State Transport Authority to alter any conditions attached to a contract carriage permit and is subject to the same limitation. Section 56-A empowers the State Transport Authority to alter any conditions attached to a public carriers permit. 7. Another material provision to which reference is necessary is Section 133-A, added by the Central Legislature in 1942. "133-A (1) The State Government may, for the purpose of carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as officers there

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