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[Cites 0, Cited by 40] [Entire Act]

Union of India - Section

Section 19 in Road Transport Corporations Act, 1950

19. Powers of Corporation

(1)Subject to the provisions of this Act, a Corporation shall have power
(a)to operate road transport services in the State and in any extended area;
(b)to provide for any ancillary service;
(c)to provide for its employees suitable conditions of service including fair wages, establishment of provident fund, living accommodation, places for rest and recreation and other amenities;
=[(d) to authorise the issue of passes to its employees and other persons either free of cost or at concessional rates and on such conditions as it may deem fit to impose; [Inserted by Act 28 of 1959, Section 4.]
(e)to authorise the grant of refund in respect of unused tickets and concessional passes.]
(2)Subject to the provisions of this Act, the powers conferred by sub-section (1) shall include power
(a)to manufacture, purchase, maintain and repair rolling stock, vehicles, appliances, plant, equipment or any other thing required for the purpose of any of the activities of the Corporation referred to in sub-section (1);
Explanation .In this clause, the expression manufacture does not include the construction of the complete unit of a motor vehicle except for purposes of experiment or research;
(b)to acquire and hold such property, both movable and immovable, as the Corporation may deem necessary for the purpose of any of the said activities, and to lease, sell or otherwise transfer any property held by it;
(c)to prepare schemes for the acquisition of,and to acquire, either by agreement or compulsorily in accordance with the law of acquisition for the time being in force in the State concerned and with such procedure as may be prescribed, whether absolutely or for any period, the whole or any part of any undertaking of any other person to the extent to which the activities thereof consist of the operation of road transport services in that State or in any extended area;
(d)to purchase by agreement or to take on lease or under any form of tenancy any land and to erect thereon such buildings as may be necessary for the purpose of carrying on its undertaking;
(e)to authorise the disposal of scrap vehicles, old tyres , used oils, [any other stores of scraps value, or such other stores as may be declared to be obsolete in the prescribed manner] [Substituted by Act 63 of 1982, Section 11, for " or any other stores of scrap value" (w.e.f. 13.11.1982).];
(f)to enter into and perform all such contracts as may be necessary for the performance of its duties and the exercise of its powers under the Act;
(g)to purchase vehicles of such type as may be suitable for use in the road transport services operated by the Corporation;
(h)to purchase or otherwise secure by agreement vehicles, garages, sheds, office buildings, depots, land, workshops, equipment,tools, accessories to and spare parts for vehicles, or any other article owned or possessed by the owner of any other undertaking for use thereof by the Corporation for the purposes of its undertaking;
(i)to do anything for the purpose of advancing the skill of persons employed by the Corporation or the efficiency of the equipment of the Corporation or of the manner in which that equipment is operated, including the provision by the Corporation, and the assistance by the Corporation to others for the provision of facilities for training, education and research;
(j)to enter into and carry out agreements with any person carrying on business as a carrier of passengers or goods providing for the carriage of passengers or goods on behalf of the Corporation by that other person at a thorough fare or freight.
(k)to provide facilities for the consignment, storage and delivery of goods;
(l)to enter into contracts for exhibition of posters and advertising boards on and in the vehicles and premises of the Corporation and also for advertisement on tickets and other forms issued by the Corporation to the public;
(m)with the prior approval of the State Government to do all other things to facilitate the proper carrying on of the business of the Corporation.
(3)Nothing in this section shall be construed as authorising a Corporation, except with the previous approval of the State Government
(i)to manufacture or maintain anything which is not required directly or indirectly for use for the purpose of the undertaking of the Corporation or to repair, store, or provide any service for, any vehicle which does not belong to the Corporation or is not used directly or indirectly for the purpose of its undertaking;
(ii)to purchase any vehicle for the purpose of sale to another person;
(iii)to sell or supply to any person lubricants, spare parts, or equipment for or accessories to,vehicles;
(iv)to let vehicles on hire for the carriage of passengers or goods except as expressly provided by or under this Act.
(4)Except as otherwise provided by this Act nothing in the foregoing provisions shall be construed as authorising the Corporation to disregard any law for the time being in force.
(5)Where a Corporation acquires the whole or any part of an undertaking of any other person, the Corporation shall, in appointing its [officers and other employees] [Substituted by Act 63 of 1982, Section 11, for " officers and servants" (w.e.f. 13.11.1982).], take into consideration the claims of employees employed in that undertaking.
(6)The provisions of this section shall not be construed as limiting any power of a Corporation conferred by or under any subsequent provision of this Act.
[Delhi].In its application to the Union territory of Delhi , in Section 19,(i) in sub-S. (1), in Cl . (a), for State,substitute Union territory of Delhi ;(ii) in sub-S. (2), in Cl . (c), for the words State concerned,substitute Union territory of Delhi , and for the words that State, substitute that Union territory;(iii) after Cl . (m), insert the following new clause,namely:(n) to determine with the previous approval of the State Government, and in case of a road transport service operated in any extended area, also with the previous approval of the Government of the State within which such extended area is situated, fares and freights for the carriage of passengers and goods in any road transport service provided by the Corporation.Delhi Road Transport Laws (Amendment) Act, 1971 (71 of 1971),Section 7 and Sch . (w.r.e.f .3-11-1971 ).
Sections 19-A and 19-B
[Delhi].In its application to the Union territory of Delhi , after Section 19,insert, the following new section, namely,19-A. Disposal of unclaimed articles and property.(1) When any articles or goods have come into the possession of a Corporation for carriage or otherwise and are not claimed by the owner or any other person appearing to the Corporation to be entitled thereto, the Corporation shall, if such owner or other person is known, cause a notice to be served upon him requiring him to remove the articles or goods within seven days of the service of such notice.(2) If such owner or other person is not known or the notice cannot be served upon him or he does not comply with the requisition in the notice, the Corporation may, after expiration of such period as may be specified by regulations made under this Act, sell the articles or goods by public auction and shall, after deducting from the sale-proceeds expenses for holding the sale or any amount which may be due to the Corporation, credit the surplus sale-proceeds, if any, to the Fund of the Corporation; and the sale proceeds so credited may be paid on demand to any person who establishes his rights thereto in a Court of competent jurisdiction or within one year of such sale to the satisfaction of the Corporation.19-B. Corporation to obtain the approval of the Central Government in certain cases.In exercise of any of its powers under this Act, the Corporation shall not incur on any single work, service or scheme or for any other purpose a capital expenditure of more than twenty-five lakhs of rupees except with the previous approval of the Central Government. Delhi Road Transport Laws(Amendment) Act, 1971 (71 of 1971), Section 7 and Sch . I (w.r.e.f .3-11-1971 ).