Section 43. _

CHAPTER IV. D CONTROL OP TRANSPORT VEEUOWS. 48. (1) No owner of a transport vehicle shall use or permits. Neoassityt'oc permit the use of the vehicle in any pblic place, save in accordance with the conditions of a permit granted or , oountersigned by a Regional or Provincial Transport Authority authorising the use of the vehicle in that place in the manner in which the vehicle is being used : Provided that a stage carriage permit shall, su.bjeot `to` any conditions that may be specxed in the permit, authorise the use of the vehicle as a contract carriage : Provided further that a stage carriage permit may, mbject to any conditions that may be specitied in the permit, authorise the use of the vehicle as a goods vehicle either when carry@ passengers or not : Provided further that a public carrier's permit ghall, subject to any conditions that may be specified in the permit, authorise the holder to use the vehicle for the carriage of goods for or in connection with a trade or business camied on by him. (2) I n `39` I tter, the the lire- - ness ~usi- ' the are by a such for oods #port such f the ,the? !med rard. :half ncial con- I tate 1thoith a i:: '$ - i i 1 1 oa 1939.) Motor Velzicles. - (e) to any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety ; - (f) to afiy transport vehicle used for any other public purpose prescribed in this behalf; - (g) to any transport vehicle owned by, and used solely for the purposes of, any educational institution which is recognised by the Provincial Government or whose managing committee is a society registered under the Societies Registration Act, 1860 ; - (h) subject to any prescribed conditions, to any transport vehicle owned by the Government of any Indian State or French or Portuguese Settlement bounded by India used for Government purposes unconnected with any commercial enkrprise ; or - (i) to any trailer used for any purpose other than the carriage of goods for hire or reward when drawn by a motor vehicle constructed for, the carriage of not more than six passengers excluding the driver. (4) Subject to the provisions of sub-seotion (3), sub-section ( I ) shall, if the Provincial Goveriment by rule made under section 68 so prescribes, apply to any motor vehicle adapted t o carry more than nine passengers excluding the driver. 43. (1) A Provincial Governmont, having regard `to-` Power `to` - Provlnclal - (a) the advantages offered to the public, trade and to Qovernment controi road industry by the development of motor trans- tramport. port, and - (6) the desirability of co-ordinating road and rkil transport, and - (c) the desirability of preventing the deterioration of the road system, and (d) the desirability of preventing uneconomic competition among motor vehicles, and after having heard the representatives of the interesta affected and having consulted the Provincial and 41 : or nce, j ~ods link , 4 1 ithin ince. such :d by make 3n of ly :- nable 9 the uilder dering . 2) and ffected orities, section cel thd nks fit. lotificai .rovince nd dist -sectio$ 1 Trans~ g h o d t ions) $8 m a y OF 1939.1 hlotor Vel~iclss.. may bo specified in the notification, in respect of each Regional Transport Authority, the powers and functions conferred by or under this Chapter on such Authorities : Provided that in the North-West Frontier Province and in Chief Commissioners' Provinces the Provincial Government may abstain from constituting any Regional Transport Authority : Provided further that the area specified as the region of a Regional Transport Authority shall in no case be less thail an entire district, or the whole area of a Presidency-town. (2) A Provincial Transport Autllority o_r a Regional Transport Authority shall consist of such number of officials and non-officials as the Provincial Government may think fit to appoint, ; but no person who has any financial interest whether as proprietor, employee or otherwise in any transport undertaking shall be appointed as or continuo as a member of a Provincial or Regional Transport Authority, and, if any person being a member of any such Authority acquires a financial interest in any transport undertaking he shall, within four weeks of so doing, givc notice in writing to the Provincial Government of the acquisition of such interest and shall vacate office. (3) A Provincial Transport Authority shall exercise and discharge throughout the province tha following powers and funct.ions, namely :- - (a) to co-ordinate and reomlate the activities and - . policies of the Regional Transport ,4uthorities, if any, of the province ; - (6) to pcrfor~n the duties of a Regional Transport Authority where there is no such Authority and, if it thinks fit or if so required by a Regional Transport Authority, to porfom 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 ariso between Rc'gional Transport Authorities ; and - (d) t'0 - 43 Motor Vehrcles. + OF 1939.1 `ACT i V` (d) the benefit to any particuiar locality or locanay be lities likely to be afforded by the service ;" (e) the operation by the applicant of other transharging port services and in particular of unremuion (3) nerative services in conjunction with :ct to remunerative services ; and -ections (f) the condition of the roads included in the ,egional proposed route or routes ; &ions. made and shall also take into consideration any representa:ion or tions made by persons already providing road t;ansport me the facililies alullg or ncar tho proposed routs or mutes or hy any local authority or police authority wthin .-incipal to the whose jurisdiction any part of the proposed route or routes lies or by any association interested in the provision of road transport facilities. r vehi- . to as a (2) A Itegional Transport Authority shall refuse : partito `grant` a stage carriage permit if it appears from any time table furnished that the provisions of this Act relating to the speed at which vehicles may be vehicle driven are likely to be contravened : made ; within Provided that before such refusal an opportunity shall be given to the applicant to amend the time table so as to conform to the said provisions. 48. A Regional Transport Authority may, after ~ $ ~ ; t ~ h o :d. consideration of the matters set forth in sub-section ;g;,",";,"rfagea lall, in ( I ) of section `47,-` conditions `and` i r n w on stage canisps (a) limit the number of stage ~mrria,ges in respnot, perrnlta. arriage latters, of whir.1) ~t,a,ge carriage permits may bc granted for a specified route or for specified routes or for a specified area ; .vice to (b) limit the use of specified routes to stage car' time riagea of a particular type or design ; y con(c) issue a stage carriage permit in respect of ti being particular stage carriage or a particular service of stage carriages ; I ' trans(d) regulate timings of arrival or departure of ~crvod; stage carringes whet,her they t,n `a` rld the single or more owners ; or servioe (e) att.acfi ( d ) the any preslore of the le permit / er than a / ued for a, / I I i :d only inj ditions ; I `i` time table; ge carriagei time table/ 1 : I i number of number of a specified fl ;; I ~d in suc& / .y be pre? : taken up .t specifieg I e a m o t ~ r ter referr d ontain t 1 I , , e 1 e a m o t ~ r ter referr d ontain I , , e 1 vehicle ; 1 ? 1 `i`