A permit granted by the Regional Transport Authority of any one region shall not be valid in any other region unless the permit has been countersigned by the Regional Transport Authority of that other region.

This appeal has been filed against the judgment dated 7.4.1998 passed by the learned Single Judge in Civil Rule No. 161 of 1996.

2. A civil rule was filed by the Eastern Owners Association, Dibrugarh represented by its Vice President praying the relief as follows :

Declare the act of respondents illegal and unconstitutional and as to why the clause in the order dated 6.6.95 (Annexure IV) requiring the counter signature of Sibsagar and Jorhat Regional Transport Authority etc should not be quashed and for a direction to the respondents to frame suitable rules in compliance with section 96 (2) (xi) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act). Annexure IV to the civil rule is quoted below :

“Govt. of Assam : Office of the Secretary : Regional Transport Authority

ORDER

In the interest of travelling public periodic stage carriage permit No.26/D/92 granted in favour of Shri Dilu Borgohain of Khalihamari, Dibrugarh in respect of Bus No.AS-06/9415 on AMC Dibrugarh Athebari Khowangghat Salighat-Lakowa is temporarily extended upto Jorhat via Nazira-Amguri-Mariani as an experimental basis.

This permission is valid from 6.6.95 to 5.9.95 or until further orders which ever is earlier.

Subject to counter signature of Sibsagar and Jorhat.

Sd/- Secretary,

Regional Transport Authority, Dibrugarh Region,”

There is a clause that this permit is valid subject to counter signature of Sibsagar and Jorhat.

3. Section 88 (1) of the Act as follows :

“88. Validation of permits for use outside region in which granted : (1) Except as may be otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be valid in any other region, unless the permit has been counter signed by the Regional Transport Authority of that other region, and a permit granted in any one State shall not be valid in any other State unless counter signed by the State Transport Authority of that other State or by the Regional Transport Authority concerned :

Provided-that a goods carriage permit, granted by the Regional Transport. Authority of any one region, for any area in any other region or regions within the same State, shall be valid in that area without the counter signature of the Regional Transport Authority of the other region or of each of the other regions concerned:

Provided further that where both the starting point and the terminal point of a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceed sixteen Kilometres, the permit shall be valid in the other State in respect of that part of the route which is in that other State notwithstanding that such permit has not been counter signed by the State Transport Authority or the Regional Transport Authority of that other State:

Provided also that: (a) where a motor vehicle covered by a permit granted in one State is to be used for the purpose of defence in any other State, such vehicle , shall display a certificate, in such form, and issued by such authority, as the Central Govt. may by notification in the Official Gazette, specify, to the affect that the vehicle shall be used for the period specified therein exclusively for the purpose of defence, and

(b) any such permit shall be valid in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State,

So, the section itself provides that a permit granted by the Regional Transport Authority of any one region shall not be valid in other region unless the permit has been counter signed by the Regional Transport Authority of that other region, so the clause inserted in Annexure IV is valid.

4. Section 88 (1) came up for consideration before the Apex Court in AIR 1966 SC 455 (M/s Bundelkhand Motor Transport Co vs. Behari Lal Chaurasia & another) where in paragraph 4 it has been laid down as follows :

“Except as may be otherwise prescribed, as