Section 53. Power of magistrate to hear cases in absence of accused when summoned to appear

53. Power of magistrate to hear cases in absence of accused when summoned to appear.— If any person summoned to appear before a magistrate to answer a charge of an offence against this Act or any rule or regulation made thereunder, or any bye-law continued thereunder, fails to appear at the time and place mentioned in the summons, or on any date to which the hearing of the case is adjourned, the magistrate may hear and determine the case in his absence, if— - (a) service of the summons on such person is proved to his satisfaction, and - (b) no sufficient cause is shown for the non-appearance of such person. STATEMENT OF OBJECTS AND REASONS "The Road Transport Corporations Act, 1948 (XXXII of 1948), was enacted with a view to enable the Provincial Governments, who may so desire, to establish Road Transport Corporations. This Act has been found defective because the provisions of sections 3 (2), 4 and 5 of the Act, in so far as they require certain provisions to be made by a Provincial law, are ultra vires of the Government of India Act, 1935, as adapted. Under the latter Act, the power to legislate in respect of trade and commerce is given to the Provincial Legislatures and the power to legislate for the incorporation of trading corporations is given to the Central Legislature. The creation of statutory transport corporations has been held as amounting to incorporation of trading corporations and, as such, ultra vires of the Provincial Legislature. In order to remove the above-mentioned legal flaw, it is proposed to replace the existing Act, by a comprehensive Act, enabling such of the Provincial Governments, who may so desire, to set up transport corporations. with the object of providing efficient, adequate, economical and property co-ordinated system of road transport services." ==> picture [472 x 39] intentionally omitted <== K. SANTHANAM. NEW DELHI; The 13 th Decembe r, 1949.