43. Power to State Government to control road transport.
(1)A [State Government] [Substituted for the word 'Provincial Government' by A.L.O., 1960.], having regard to-(a)the advantages offered to the public, trade and industry by the development of motor transport, and(b)the desirability of coordinating road and rail transport, and(c)the desirability of preventing the deterioration of the road system, and(d)the desirability of preventing uneconomic competition among motor vehicles,[may, from time to time, by notification in the Official Gazette, issue directions to the State Transport Authority-(i)regarding the fixing of fares and freights [(including the maximum and minimum in respect thereof)] for stage carriages, contract carriages and public carriers ;(ii)regarding the prohibition or restriction, subject to such conditions as may be specified in the directions, of the conveying of long distance goods traffic generally, or of specified classes of goods, by private or public carriers;(iii)regarding he grant of permits for alternative routes or areas, to persons in whose cases the existing permits [are not renewed in pursuance of the provisions of sub-section (ID) of section 68F, or] [Inserted by Act 56 of 1969, section 18 (w.e.f. 2-3-1970).] are cancelled or the terms thereof are modified in exercise of the powers conferred by clause (b) or clause (c) of sub-section (2) of section 68F;(iv)regarding any other matter which may appear to the State Government necessary or expedient for giving effect to any, agreement entered into with the Central Government or any other State Government or the Government of any other country relating to the regulation of motor transport generally, and in particular to its co-ordination with other means of transport and the conveying of long distance goods traffic :Provided that no such notification shall be issued unless a draft of the proposed directions is published in the Official Gazette specifying therein a date being not less than one month after such publication, on or after which the draft will be taken into consideration and any objection or suggestion which may be received has, in consultation with the State Transport Authority, been considered after giving the representatives of the interests affected an opportunity of being heard.] [Substituted by section 37, Act 100 of 1956, for certain original words (w.e.f. 16-2-1957).](2)The [State Government] [Substituted for the word 'Provincial Government' by A.L.O., 1950.] shall permit, at such intervals of time as it may fix, the interests affected by any notification issued under sub-section (1) to make representations urging the' cancellation or variation of the notification on the following grounds, namely:-(a)that the railways are not giving reasonable facilities or are king unfair, advantage of the action of the State Government under this section; or(b)that conditions have changed since the publication of the notification; or(c)that the special needs of a particular industry or locality require to be considered afresh.(3)If the [State Government] [Substituted for the word 'Provincial Government' by A.L.O., 1950.], after considering any representation made to it under sub-section (2) and having heard the representatives of the interests affected and [the State Transport Authority] [Substituted for certain original words by the Motor Vehicles (Amendment) Act, 1956 (100 of 1956), Section 37 (w.e.f. 16.2.1957).], is satisfied that any notification issued under sub-section (1) ought to be cancelled or varied, it may cancel the notification or vary it in such manner as it thinks fit.
