Law: Motor Vehicles Act, 1939

Section: 43A,133(3)

Law: Motor Vehicles Act, 1939

Section: 43A,133(3)

Law: Punjab Road Transport Board Rules, 1952

Section: 3

(a) Motor Vehicles Act (IV of 1939) (as amended by Act (XIX of 1953), S. 43-A----- ---Persons employed for purposes of Hoard not servants of Government. According to section 43-A, employees of the Transport Board are not to be deemed to be servants of the Government. Even if no notice in writing was given to a person who was, in the first instance, employed by the Government in the Provincial Transport Department, before the Transport Board had been constituted, but, who, on the constitution of the Board, was employed for the purposes of the Board, in view of this provision of law, be shall be presumed to know that he was no more a Government servant but was an employee of the Transport Board. Such a person is amenable to the jurisdiction of the Road Transport Board. (b) Motor Vehicles Act (IV of 1939)----- ----S. 133 (3)-Provi­sion as to laying of Rules before Legislature-Directory ­Omission does not invalidate Rule3-Punjab Road Transport Board Rules, 1952, valid, though not laid before Legislature ­Word "shall" not mandatory-General principles as to whether a provision is mandatory or directory, stated. Held, that subsection (3) of section 133 of the Motor Vehicles Act is merely directory and, therefore, the Punjab Transport Board Rules, 1952, although they were not laid before the Legislature as required by subsection (3), were perfectly legal and valid. Writs of certiorari and mandamus, applied for by the petitioner against his suspension ordered under the Rules were refused. The rules made under the Act were to come into force on the date of their publication in the Official Gazette. As soon as they were published they became operative and were valid rules. Subsection (3), however, required that such rules had to be laid for not less than fourteen days before the Central or Provincial Legislature, as the case might have been, as soon as possible after they -had been made and were subject to such modifications as the Legislature might have made during the session in which they should have been so laid. This section does not lay down any condition that the rules shall not come into force. till they are laid before the Legis­lature, nor does it say that they…

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