IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. WRIT PETITION No. Petitioner. Respondent. 3289/2009 Mr Jatinder Singh Manmohan Singh Bindra The Transport Commissioner & Ors. 3292/2009 Mr Radhakisan wamanrao Waghule The Transport Commissioner & Ors. Mr S.S.Kulkarni, Advocate for the Petitioners. Mr V.S.Gokhale, A.G.P.,for Respondent-State. CORAM:- D.K.DESHMUKH AND K.K.TATED,JJ. DATED :- 14TH DECEMBER,2009 P.C:- 1. By these petitions, the petitioners challenge insertion of the following condition in the Motor Vehicles permit i.e., granted to them. The condition is as under: “That the permit holder shall pay the tax, interest and penalty due, if any, payable under the Maharashtra State Tax on Professions, Trade, Callings and Employment Act, 1975 as also other taxes and levies payable under other enactments.” 2. As the notification itself shows that it has been inserted by the Regional Transport Authority in exercise of its power under Sections 72 (2) (i) to (xxiv), 74 (2) (i) to (xiii), 76 (3) (iii) (a) (b) 79 (2) (i) to (ix) of the Motor Vehicles Act, 1988. 3. These provisions are in relation to different kind of permits. So far as the stage carriage permit is concerned, provision is made in Section 72 (2) which reads as under:- 72. Grant of stage carriage permit. (1) ....... (2) The Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rule that may be made under this Act, attach to the permit any one or more of the following conditions, namely:- (i) that the vehicles shall be used only in a specified area, or on a specified route or routes; (ii) that the operation of the stage carriage shall be commenced with effect from a specified date; (iii) the minimum and maximum number of daily trips to be provided in relation to any route or area generally or on specified days and occasions; (iv) that copies of the time-table of the stage carriage approved by the Regional Transport Authority shall be exhibited on the vehicles and at specified stands and halts on the route or within the area; (v) that the stage carriage shall be operated within such margins of deviation from the approved time-table as the Regional Transport Authority may from time to time specify; (vi) that within municipal limits and such other areas and places as may be prescribed, passengers or goods shall not be taken up or set down except at specified points; (vii) the maximum number of passengers and the maximum weight of luggage that may be carried on the stage carriage, either generally or on specified occasions or at specified times and seasons; (viii) the weight and nature of passengers' luggage that shall be carried free of charge, the total weight of luggage that may be carried in relation to each passenger, and the arrangements that shall be made for the carriage of luggage without causing inconvenience to passengers; (ix) the rate of charge that may be levied for passengers' luggage in excess of the free allowance; (x) that vehicles of a specified type fitted with body conforming to approved specifications shall be used: Provided that the attachment of this condition to a permit shall not prevent the continued use, for a period of two years from the date of publication of the approved specifications, of any vehicle operating on that date; (xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles; (xii) the conditions subject to which goods may be carried in the stage carriage in addition to or to the exclusion of passengers; (xiii) that fares shall be charged is accordance with the approved fare table; (xiv) that a copy of or extract from the fare table approved by the Regional Transport Authority and particulars of any special fares or rates of fares so approved for particular occasions shall be exhibited on the stage carriage and at specified stands and halts; (xv) that tickets bearing specified particulars shall be issued to passengers and shall show the fares actually charged and that records of tickets issued shall be kept in a specified manner; (xvi) that mails shall be carried on the vehicle subject to such conditions (including conditions as to the time in which mails are to be carried and the charges which may be levied) as may be specified; (xvii) the vehicles to be kept as reserve by the holder of the permit to maintain the operation and to provide for special occasions; (xviii) the conditions subject to which vehicle may be used as a contract carriage; (xix) that specified arrangements shall be made for the housing, maintenance and repair of vehicle; (xx) that any specified bus station or shelter maintained by Government or a local authority shall be used and that any specified rent or fee shall be paid for such use; (xxi) that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority; (xxii) that the Regional Transport Authority may, after giving notice of not less than one month,- (a) vary the conditions of the permit; (b) attach to the permit further conditions: Provided that the conditions specified in pursuance of clause (i) shall not be varied so as to alter the distance covered by the original route by more than 24 kilometres, and any variation within such limits shall be made only after the Regional Transport Authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or any part thereof; (xxiii) that the holder of a permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may from time to time prescribe; (xxiv) any other conditions which may be prescribed. 4. Perusal of the provisions of sub-section (2) of Section 72 shows that it vests discretion in the Regional Transport Authority to attach to the permit, that it grants; any one or more of the conditions which are mentioned in Section 72 (2) (i) to (xxiv). Section 72 (2) (xii), which is quoted below, vests power in the Regional Transport Authority to attach further conditions to the permit that it grants which are not mentioned in clause (i) to (xxiii). Clause (xxii) of Section 72 (2) reads as under:- (xxii) that the Regional Transport Authority may, after giving notice of not less than one month,- (a) vary the conditions of the permit; (b) attach to the permit further conditions: Provided that the conditions specified in pursuance of clause (i) shall not be varied so as to alter the distance covered by the original route by more than 24 kilometres, and any variation within such limits shall be made only after the Regional Transport Authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or any part thereof; 5. Clause (xxiv) of Section 72 (2) also vests power in the rule making authority to prescribe additional conditions. Thus, the power vested in the Regional Transport Authority by Section 72 (2) (xxii) is in the nature of delegated legislation and in exercise of that power the Regional Transport Authority decided to insert a condition that imposes an obligation on the person who is applying for permit to pay tax that may be payable by him under the Professional Tax Act and other tax Laws. The intention of incorporating this condition is that the permit holder should be a law abiding citizen who pays all the taxes that are payable by him. By inserting this condition it is not the intention of the Regional Transport Authority to itself make recovery of the taxes. It is also not the intention of the Regional Transport Authority to make the permit holder to pay any taxes which he is not liable to pay under the law. The purpose behind imposing this condition is that the Regional Transport Authority wants the permit holder to pay all taxes that he is liable to pay under the law. 6. In our opinion, purpose behind the incorporating the condition is a laudable purpose and, therefore, no exception can be taken to it. In any case, it is not the case of the petitioners that imposition of such a condition is beyond the competence of the authority because the provision of statute specifically empowers the authority to attach additional conditions. The learned counsel relied on judgment of a Single Judge of Kerala High Court in the case of The Chairman, Calicut-Wyanad Motor Services (Pvt) vs State of Kerala A.I.R. 1981 21 perusal of that judgment shows that it did not deal with insertion of new condition in a permit. The learned Single Judge was dealing an order refusing to register a vehicle only because the owner of the vehicle has not paid excise duty. The learned Single Judge has held as Section 21 of the Motor Vehicles Act, 1939 did not permit rejection of registration of a vehicle for that region the authority could not have refused to register the vehicle for that reason. Nothing said in that judgment is relevant for deciding competence of the Regional Authority to impose additional condition, nor it is relevant to decide whether that condition is reasonable. The learned counsel also submitted that only the Regional Transport Authority of Nashik District has imposed this condition and therefore this amounts to discrimination. In our opinion, sumission is not well founded and whether a condition needs to be imposed or not also depends on local condition. We do not find any substance in the petition. It is hereby rejected. (D.K.DESHMUKH,J) (K.K.TATED,J)