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Appellate Side No. 276 of 1951‑52, decided on 1st Mar, 1952, District Lahore.
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---‑License granted for period of one month Pending grant of permanent license‑To have permits verified and affiliation agreement produced‑Good reasons.
Where, in the case of a private company, license was given for a period of one month only pending grant of permanent license "at next meeting".
held, that to have the permits of the affiliated vehicles verified and registered agreements regarding affiliation pro duced, were good reasons for grant o; license for one month only.
-------Rule 7'12 (A) (1)‑Nothing to prevent licenses being granted for two places.
There is nothing to prevent a forwarding agent being given licences at two places under Rule 7'12 (A) (1) of the Punjab Motor Vehicles Rules, 1940, as amended,
A forwarding agent‑who has under his control not less than 30 public carrier permits, will certainly need sites at various places for the loading, unloading etc. of those vehicles. In the absence of any clear obligation on the part of clearing agents to whom certain vehicles are not affiliated to allow those vehicles the use of sites of which they are the licencees, for loading, unloading etc., what other arrangements can be made except to give opportunity to all forwarding agents to have as many sites at different places as are needed by them.
Khwaja Abdur Rahim, for Appellant.
Secretary, Regional Transport Authority, Lahore.
‑This is an appeal against the order dated 6th September 1951, of the Regional Transport Authority, Lahore, regarding grant of licences for goods for warding agencies in which it was decided that the appellant company which had applied for licences both at Lahore and Lyallpur could have a licence at one place only. It was also decided that the licence should be for a period of one month and that the question of the grant of the permanent licence would be taken up in the next meeting.
The appellant company now represent that the order of the Regional Transport Authority may be modified so that the company may be issued permits for a forwarding agency both at Lahore and Lyallpur and that the permit should not be issued for a period less than one year. As regards the latter, the Secretary, Regional Transport Authority has given good reasons why the licences in the case of private companies were given for a period of one month only. It was in order to have the permits of the affiliated vehicles verified and registered agreements regarding affiliation produced. This is also clear from the order of the Authority itself.
As regards the refusal to give licences to the appellant company for forwarding‑ agencies at two places, I am not satisfied by the reasons given in the comments offered by the Secretary Regional Transport Authority, Lahore. There is nothing to prevent a forwarding agent being given licences at two places under Rule 7'12 (A) (1) of the Punjab Motor Vehicles Rules, 1940, as amended. A forwarding agent who has under his control not less than 30 public carrier permits, will certainly need sites at various places for the loading, unloading etc. of those vehicles. In the absence of any clear obligation on the part of clearing agents to whom certain vehicles are not affiliated to allow those vehicles the use of sites of which they are the licencees, for loading, unloading etc., I do not know what other arrangements can be made except to give oppor tunity to all forwarding agents to have as many sites at different places as are needed by them. The question of dis putes and cut‑throat competition does not arise. It is not easy, for every forwarding agent to procure sites at Lyallpur or Lahore suitable for being used for loading and unloading pur poses and which are approved by the District Magistrate and the local authority having jurisdiction in the area concerned and such forwarding agents who are able to procure such sites and satisfy other rules should in Ply opinion be freely allowed licences.
In this connection, I may point out that the form of licence F. A. L. under Rule 7'12 (a) of the Punjab Motor Vehicles Rules, permitting a site being used for loading, unloading etc. is not correctly worded. It permits a particular forwarding agency to use a particular site. whereas under Rule 7'12 (A) it should permit in consultation which the District Magistrate and the local authority a particular site to be used for loading unloading etc.
I accept the appeal to the extent that the order dated 6th September, 1951 should be so modified as to allow the Doaba Transport Company, Lyallpur licences for the use of sites both in Lyallpur and Lahore provided they satisfy all the conditions prescribed by rules.
Order announced
A. H.
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