RTC Act 47AChapter V · Miscellaneous
Section 47A · Special provision for reconstitution or dissolution of certain Corporations
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1[47A. Special provision for reconstitution or dissolution of certain Corporations.--(1) Where on
account of the reorganisation of States under the States Reorganisation Act, 1956 (37 of 1956),
2[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 re-organised 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",--
3[(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 (11 of 1960);
(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 (37 of 1956);]
4[(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 (81 of 1971).]
(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 (37 of 1956), 5[or any other enactment relating to reorganisation of States], 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.]
Explanation.--For the purpose of framing any scheme under this sub-section, "State Government",--
3[(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 (11 of 1960);
(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 (37 of 1956);]
4[(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 (81 of 1971).]
(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 (37 of 1956), 5[or any other enactment relating to reorganisation of States], 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.]
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