(1.) The petitioner Radha Govinda Paul has made this application on his own behalf as well as in his capacity as the Secretary of an association known as "The District Transport Organization, Midnapore." The petitioner is himself the owner of several Buses plying in the district of Midnapore and the association consists of various owners of Buses plying or intended to ply in that district. The Association is not an incorporated one and the question will arise as to whether the petitioner can properly represent it and whether I can take any notice of this application as having been made on behalf of the association. The petition shows that the association has been in existence for more than 10 years.
(2.) It appears that since December 1951, the fares that were charged by the members of the association including the petitioner had the concurrence of the Regional Transport Authority and was according to a schedule set out in paragraph 3 of the petition. In August 1952, however, the Regional Transport Authority appointed a committee to investigate into the question of a reduction in Bus fares. The committee considered the representations of various bodies including the District Transport Organization and finally, in September 1952, fixed certain fares which are set out in paragraph 6 of the petition. It appears that these fares as newly fixed are lower than previous fares, which is the real reason for objection on behalf of the Bus owners. On or about 23-3-1953, the petitioner Radha Govinda Paul was served with a memo being memo No. 4088 (150) J. G., dated 18-3-1953, a copy whereof is annexed to the petition. The memorandum recited that Stage Carriage fares had been modified by the R. T. A. and such modification was to be treated as a condition of each permit issued to Stage Carriage permit-holders of the district. Copies of this memo were sent to all Bus owners plying on the routes within the district for giving immediate effect to the modified rates.
(3.) The short point taken on behalf of the petitioner is that the respondent, Regional Transport Authority, Midnapur, is not authorised by the Motor Vehicles Act to fix the fares to be charged in respect of stage carriages, from which it follows that it could not modify any fares which the Bus owners had been charging. Under Section 43, Motor Vehicles Act, the State Government has been given express power to fix the maximum or minimum fares or freights for stage carriages and public carriers throughout the State. Under Section 46, an application for a stage carriage permit is to mention particulars set out therein, or such matters as may be prescribed, which means prescribed by the rules. Section 47 deals with the procedure to be followed by the Regional Transport Authority in considering application for Stage Carriage permits. In doing so, it has to consider any representation made by any association interested in the provision of road transport facilities, which will of course include the association of which the petitioner is the Secretary. Section 48 is important and the relevant portion is as follows: