(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
1. Ins. by Act 71 of 1971, s. 7(a) and the First Schedule (w.e.f. 3-9-1971).
2. Subs. by Act 4 of 2005, s. 2 and the Schedule, for “the State Government” (w.e.f. 11-1-2005).
3. Subs. by Act 63 of 1982, s. 16 and the Schedule, for “Corporation” (w.e.f. 13-11-1982).
4. Subs. by s. 16 and the Schedule, ibid., for “servants of the Corporation, other than the Chief Executive Officer or General General Manager and the Chief Accounts Officer” ( w.e.f. 13-11-1982).
5. Ins. by Act 28 of 1959, s. 13 (w.e.f. 1-9-1959).
6. Ins. by Act 71 of 1971, s. 7(a) and the First Schedule (w.e.f. 3-9-1971).
7. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005) 19
(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.
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.
1. Ins. by Act 87 of 1956, s. 2 (w.e.f. 28-12-1956).
2. Subs. by Act 11 of 1960, s. 71, for “the whole or any part of a State in respect of which a Corporation was, immediately before the 1st day of November, 1956,” (w.e.f. 25-4-1960).
3. Subs. by s. 71, ibid., for clause (i) (w.e.f. 25-4-1960).
4. Ins. by Act 81 of 1971, s. 73 (w.e.f. 21-1-1972).
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(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), 1 [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.]
1 [48. Transitional provision relating to Bombay State Road Transport Corporation.— Notwithstanding anything contained in section 47A, it shall be lawful for the Government of the State of Bombay to frame a scheme under sub-section (1) thereof and forward the same to the Central Government before the 1st day of May, 1960, and in such a case, the power conferred on the Central Government to make an order under sub-section (2) thereof may be exercised before that day but no order so made shall take effect till that day.]
2 [CHAPTER VI SPECIAL PROVISIONS APPLICABLE TO THE UNION TERRITORY OF DELHI