CourtMesh

Section 38: Power to supersede a Corporation

The Road Transport Corporation Act, 1950State Act of Punjab · Act 64 of 1950

(1) If the State Government is of opinion that a Corporation established by that Government is unable to perform, or has persistently made default in the performance of the duties imposed on it by or under the provisions of this Act or has exceeded or abused its powers, the State Government may, 7 *** by notification in the Official Gazette, supersede the Corporation for such period as may be specified in the notification:

Provided that before issuing a notification under this sub-section the State Government shall give a reasonable time to the Corporation to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Corporation.

1. Subs. by Act 71 of 1971, s. 7(a) and the First Schedule, for “Central and the State Governments” (w.e.f. 3-9-1971).

2. Ins. by Act 28 of 1959, s. 9 (w.e.f. 1-9-1959).

3. Subs. by Act 71 of 1971, s. 7(a) and the First Schedule, for “the Legislature of the State” (w.e.f. 3-9-1971).

4. Subs. by Act 63 of 1982, s. 16 and the Schedule, for “officers or servants” (w.e.f. 13-11-1982).

5. Ins. by Act 28 of 1959, s. 10 (w.e.f. 1-19-1959).

6. Subs. by Act 71 of 1971, s. 7(a) and the First Schedule, for “the Legislature of the State” (w.e.f. 3-9-1971).

7. The words “with the previous approval of the Central Government,” omitted by s. 7(a) and the First Schedule, ibid.

(w.e.f. 3-9-1971).

16

(2) Upon the publication of a notification under sub-section (1) superseding a Corporation—

(a) all the 1 [Directors] of the Corporation shall, as from the date of supersession, vacate their offices as such a 1 [Directors];

(b) all the powers and duties which may, by or under the provisions of this Act or of any other law, be exercised or performed by or on behalf of the Corporation shall, during the period of supersession, be exercised and performed by such person or persons as the State Government may direct;

(c) all property vested in the Corporation shall, during the period of supersession, vest in the State Government.

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may—

(a) extend the period of supersession for such further term as it may consider necessary; or

(b) reconstitute the Corporation in the manner provided in section 5.

Where this provision sits

ActThe Road Transport Corporation Act, 1950
Section38
Marginal notePower to supersede a Corporation
JurisdictionState of Punjab
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Road Transport Corporation Act, 1950 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.