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[Cites 0, Cited by 8] [Entire Act]

Union of India - Section

Section 47 in Road Transport Corporations Act, 1950

47. Special provisions relating to Bombay

(1)The body known as the Bombay State road Transport Corporation and the Board thereof, referred to in the notification of the Government of Bombay, No. 1780/5, dated the 16th November,1949 (hereinafter referred to as the existing corporation, and Board respectively shall, notwithstanding any defect in, or invalidity of, the enactment or order under which they were constituted, be deemed for all purposes to have been validly constituted as if all the provisions of the said notification had been included and enacted in this section and this section had been in force continuously on and from the said date and accordingly
(a)all action by, and all transactions with, the existing Corporation or Board, including any action or transaction by which any property, asset or right was acquired or any liability or obligation, whether by contract or otherwise, was incurred, shall be deemed to have been validly and lawfully taken or done; and
(b)no suit, prosecution or other legal proceeding shall lie against the Government of Bombay or any member of the Board or Any officer or servant of the existing Corporation in respect of any action taken by, or in relation to the setting up of, the existing Corporation or Board merely on the ground of any defect in, or invalidity of, the enactment or order under which the existing Corporation or Board was constituted.
(2)On the establishment of a Corporation under section 3 in the State of Bombay (hereinafter referred to as the new Corporation),
(a)the existing Corporation and Board shall be deemed to be dissolved and shall cease to function;
(b)all property and assets vesting in the existing Corporation shall vest in the new Corporation;
(c)all rights, liabilities and obligations of the existing Corporation, whether arising out of any contract or otherwise,shall be the rights, liabilities and obligations, respectively, of the new Corporation; and
(d)all licences and permits granted to, all contracts made with,and all instruments executed on behalf of, the existing Corporation or Board shall be deemed to have been granted to, made with or executed on behalf of,the new Corporation and shall have effect accordingly.
[47-A. Special provision for reconstitution or dissolution of certain Corporations [Inserted by Act 87 of 1956, Section 2.]
(1)Where on account of the reorganisation of States under the States Reorganisation Act, 1956, [or any other enactment relating to reorganisation of States, the whole or any part of a State in respect of which a Corporation was, immediately before the day on which the reorganisation takes place,] functioning and operating, is transferred on that day to another State and by reason of such transfer, it appears to the State Government necessary or expedient that the Corporation should be reconstituted or reorganised in any manner whatsoever or that it should be dissolved, the State Government may frame a scheme for the reconstitution, reorganisation or dissolution of the Corporation including proposals regarding the formation of new Corporations the amalgamation of the Corporation with any other Corporation, body corporate or a commercial undertaking of another State Government, the transfer of the assets, rights and liabilities of the Corporation in whole or in part to any other Corporation, body corporate or a commercial undertaking of another State Government, and the transfer or re-employment of any workmen of the Corporation, and the State Government may forward the scheme to the Central Government for approval.Explanation .For the purpose of framing any scheme under this sub-section, State Government,
(i)[ in relation to the Bombay State Road Transport Corporation, shall mean the Government of the State of Maharashtra or of Gujarat as formed under the Bombay Reorganisation Act, 1960] [Substituted by Act 11 of 1960, Section 71, for Clause (i).];and
(ii)in relation to the PEPSU Road Transport Corporation, shall mean the Government of the State of Punjab , as formed under the provisions of the States Reorganisation Act, 1956;
(iii)[ in relation to the Assam State Road Transport Corporation,shall mean the Government of the State of Assam or of Meghalaya as formed under the North-Eastern Areas (Reorganisation )Act, 1971.] [Inserted by the North-Eastern Area (Reorganisation) Act 81 of 1971, Section 72 (w.e.f. 21.1.1972).]
(2)On receipt of any such scheme, the Central Government may, after consultation with the State Governments concerned, approve the scheme with or without modifications and for the purpose of giving effect to the approved scheme, the Central Government may, from time to time, make such order in relation thereto as it thinks fit and every order so made shall have effect notwithstanding anything contained in this Act.
(3)Any order made under sub-section (2) may provide for all or any of the following matters, namely:
(a)the dissolution of the Corporation, notwithstanding anything contained in section 39;
(b)the reconstitution or reorganisation in any manner whatsoever, of the Corporation including the establishment, where necessary, of more than one Corporation in any State;
(c)the amalgamation of two or more Corporations, or of one Corporation with any other body corporate or a commercial undertaking of any other State Government;
(d)the extension of the area for which the Corporation is established, or the exclusion of any area therefrom ;
(e)the transfer, in whole or in part, of the assets, rights and liabilities of the Corporation including the transfer of any licences or permits granted to the Corporation, to any other Corporation, body corporate or a commercial undertaking of any other State Government, and the terms and conditions of such transfer;
(f)the transfer or re-employment of any workmen of the Corporation to, or by, any such transferee and, subject to the provisions of section 111 of the States Reorganisation Act, 1956, [or any other enactment relating to reorganisation of States] [Inserted by Act 11 of 1960, Section 71. ] the terms and conditions of service applicable to such workmen after such transfer or re-employment;
(g)such incidental,consequential and supplemental matters as may be necessary to give effect to the approved scheme.
(4)Where an order is made under this section transferring the assets, rights and liabilities of any Corporation, then, by virtue of that order, such assets, rights and liabilities of the Corporation shall vest in,and be the assets, rights and liabilities of, the transferee.]Section 47-B
[ West Bengal].In its application to the State ofWest Bengal, after Section 47-A,insert the following new section, namely:47-B. Special provisions relating toWest Bengal. (1) On the establishment of a Corporation under section 3 in the State ofWest Bengal(a) all properties, movable or immovable, and all assets of the State Government in use immediately before the establishment of the Corporation, for the purpose of the Transport Undertaking of the State Government (hereinafter in this section referred to as the State Undertaking)within the State or part thereof for which such Corporation is established shall vest in the Corporation:Provided that the State Government may, by notification in the Official Gazette, exclude from the operation of the provisions of this clause such properties or assets as may be specified in the notification;(b) all rights acquired, all debts and obligations incurred, all contracts entered into, and all matters and things engaged to be done, before the establishment of the Corporation, by the State Government in connection with the State Undertaking, shall be deemed to have been acquired, incurred, entered into or engaged to be done, by the Corporation;(c) all suits or other legal proceedings instituted or which might but for the establishment of the Corporation have been instituted by or against the State Government in connection with the State undertaking may be continued or instituted by or against the Corporation and in all such suits or other legal proceedings pending immediately before$$$$$$ such establishment, the Corporation shall stand substituted in place of the State Government;(d) registration of all motor vehicles of the State Government used in connection with the State Undertaking except those which may be specified in the notification issued under the proviso to clause (a)made, and certificates of such registration issued, under the Motor Vehicles Act, 1939, in favour of the State Government, and continuing in force immediately before the establishment of the Corporation shall, after such establishment, be deemed to have been made or issued in favour of the Corporation and in all such cases or application by the Corporation the Corporation shall be substituted in place of the State Government in the records of the registering authority and in such certificates of registration;(e) any scheme prepared by, any permit granted to and, generally, anything done or any action taken by or in favour of, the State Government in respect of the State Undertaking shall be deemed to have been prepared by, granted to or done or taken by or in favour of the Corporation;(f) persons employed by the State Government in connection with the State Undertaking and continuing in office immediately before the establishment of the Corporation shall be employed by the Corporation on such terms and conditions, not less advantageous than what they were entitled to immediately before such establishment, as may be determined by the Corporation;(g) all rules and orders made and notifications issued from time to time under the Motor Vehicles Act, 1939, in so far as the yare applicable to the State Undertaking, and continuing in force immediately before the establishment of the Corporation, shall, after such establishment,continue in force and be applicable to the Corporation until they are altered,repealed or amended.(h) all rules and orders made and notifications issued by or under the authority of the State Government in respect of the State Undertaking and continuing in force immediately before the establishment of the Corporation, shall, insofar as they are not inconsistent with the provisions of this Act, continue in force after such establishment, as if they had been made or issued by the appropriate Authority under the Act until the yare altered, repealed or amended.(2) All sums which the State Government may, not later than six months after the establishment of the Corporation, declare to have been incurred by the State Government before such establishment or capital account in connection with the properties and assets vesting in the Corporation under clause (a) of sub-section (1) shall be deemed to be capital advanced by the State Government to the Corporation under section 23 and the terms and conditions thereof shall be such as the State Government may determine.W.B.Act 28 of 1959, Section 3 (w.e.f .31-3-1960 ).