Law: Motor Vehicles Act (IV of 1939)

Section: 51(a),47,50,53,55,60

(a) Motor vehicle---   ---Route permit-Application for, in response to public notice-Secretary P. T. A. intimating by routine letter that permits will be issued after inspection of vehicle-Actual permits may not be issued even if letter supposed to be sanction of application-Motor Vehicles Rules 1940, r. 52 not attracted.   (b) Motor Vehicles Act (IV of 1939)-----   -----S. 51 (a)"Type" Does not refer to car being new or old or produced in particular pear.   Section 51 (a), Motor Vehicles Act, 1939 only enables Provincial Transport Authority to limit the number of contract carriages either generally or with reference to any specified type. The word `type', however, cannot refer to the car being new or old or having been produced in a particular year. `Type' relates obviously to the construction of the car (including even its colour) but if two cars be identical in their construction they cannot be said to be of different types just because they were made in different years.   (c) Motor Vehicles Act (IV of 1939)------   ----Ss. 47, 50, 53 & 55-- Permits-Applications for-Decision to be made on considerations of matters enumerated in respective sections and no other.   While deciding applications for various permits under the Motor Vehicles Act a Transport Authority can (in addition to fitness of the vehicles) take into consideration only the matters enumerated in sections 47, 50, 53 and 55 and no others.   (d) Motor Vehicles Act (IV of 1939)------   ---S. 60-Cancellation or suspension of permit-No obstacle in way of issuing fresh permit except in case falling under S. 53.   The suspension of a previous permit will not stand in the way of the Provincial Transport Authority granting a fresh permit even for the same vehicle to an applicant.   The Motor Vehicles Act does not, except in cases falling under section 53, make the revocation of the previous licence an obstacle in the way of issuing a fresh permit. This appears to have been done deliberately for revocation of a permit may, in a large number of cases, not have any effect on the issue of a fresh permit. A permit may have been…