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Appellate Side No. 147 of 1951‑52, decided on 20th November, 1952, District R. T. A. Lahore.
S. 59‑Appeal from refusal to transfer does not lie.
Transfer of a permit under section 59 is a purely dis cretionary matter resting with R. T. A. whose order is final. No appeal lies from refusal to transfer.
Appellant with his counsel present.
‑The Secretary Regional Trans port Authority, has raised a preliminary objection that no appeal lies against the order of the Regional Transport Authority refusing the transfer of a permit.
The learned counsel of the appellant has argued that the order of the R. T. A rejecting the application of the transferee for the transfer of a permit in his favour amounts to refusal to grant him a permit and therefore an appeal is competent under section 64 (a) of the Punjab Motor Vehicles Act, 1939.
For the reasons given below the contention of the learned counsel of the appellant is not tenable. Under section 64 (a) of the Motor Vehicles Act, appeals have been provided in the following cases :‑
(i) Against the refusal of the Provincial or Regional Transport Authority to grant a permit.
(ii) Against any condition attached to a permit granted under the Act.
As for No. (i) the grant of a permit is refused under section 57 of the Act, while the conditions are attached to the permits under section 59 (ibid). The present case is not covered #by either of these sections. Transfer of permit is allowed under sections 59 and 61 of the Motor Vehicles Act. Specific provision for appeals has been made under clause (c) of section 64 of the Act, against the refusal to transfer the permit to the person succeeding on the death of the holder of a permit. (Section 61 of the Act). This means that the; legislature did not intend to provide for appeals in the case of transfers under section 59. The allowing of the transfer of permits under section 59 as in the present case is therefore, purely a discretionary matter resting with the R. T. A., and the orders passed in such cases are final. In the circumstances I have no option but to reject this appeal and I order accordingly.
A. H. Appeal rejected.
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