( 1 ) The Government may appoint such number of Appointment officers as may be considered necessary and possessing such of Authoriscd qualifications as may be prescribed as authorised officers Officers.
for the purposes of this Act.
195.110-16a 244 1 Stage Carriages and 11973 : T.N. Act 12 Con'tract Carriages (Acquisition)
(2) If any dispute arises as to whether any property referred to in sub-section (2) of section 4 was on the notified date being predominantly used for the maintenance or repair of, or otherwise in conneciion with the service of, stage carriages or contract carriages, such dispute shall be decided by the authorised officer in accordance with such procedure as may be prescribed.
(3) Any person aggrievfd by any decision ofthe authorised cifficrr under this Act may, within thirty days from the date of such decision, prefer an appeal tc the Government :
Provid.ed that the Governm 1 nt may entertain the appeal afrer the expiry of the said periad of thirty days, if they are satisfifd that the appellant was prevented by sufficient cause from filing the appeal in time.
Transfer of 20. (1) The Government sh2ll imm~diately after the WlGred vesting cf the a cquircd property under seciion 4 by order property transfer the whole of the wid property in favour of corporation ,-, company scch ccrpcratjon or company owned by the Governor the State ment or State Transport Department of the Govern- 'lYansPort ment, P s the Government may specify in such order.
Department ofthe Govern- (2) Where in pursuance of sub-section (1) any stage m a t and carriage or contract carriage is transferred to any corpoprovisions ration or company ownt d by the Government or the State for existing staff. Transport Department of the Government, the permit in respect of such stage carriage or contract carriage shall, notwithstanding anything contalned in the Motor Vehicles Act, be deemed to have been transferred in favour of such corporation or company or State Transport Department of the Government and such p~rm;t shall be val;d for the unexpired ~ e r i c d thereof. After th: expiry of the seid period, such corporation or company o- S:ate Tr -nsoort Dep?rtme nt of the Oovelnment shall be exclusively entitled to the renewal of such permit and an app1;cation for such renewal msy be made by the corporarion or comp~ny or Sate Transport Dcpartmcnt of the Government at anytime brfore the expiry ofthe said permit and the period spec;ficd in clause (a) of sub-sec'ion (2) of section 58 of the Motor Vehicles Act, shall not apply to such application.
(3) Evcry person who is a workman within the mean;ng of t h ~ Jndusfrial Disputes Act, 1947 (Cent& Act XIV of 1947), and has bwn, immediately b, fore the 14th January 1973, exclusivi ly ellnployed in connection w;th the acquired property shall, on and from the notified dxte, become an employee of the corporation or comgaq l&73 : T-N, Act 125 Stage Carriager and 243 Contract Carriages (Acquisition) or the State Transport Department of the Government rgferred to in sub-section (1) and shall hold cffice or serv~ce ir! such corporation or company or State Transport Department of the Government on the same. terms and conditions and with the same rights to penslon, gratuity and other matters as would have been admissible to him if the acquired property had not vested in the Government and transferred to such corporation or company or State Transport Department of the Government and continue to do so unless and until his employment in such corporat ion or company or State Transport Department of the Government is terminated or until his remuneration, terms or wnditions of employment are duly altered by such corporation or company or State Transport Department of the Government;
Provided that the number of workmen that shall become employees of the corporation or company or the State Transport DL partment of the Government under this wb-s~ction shall not exceed the followrng scale, the junior most bang excluded:- Scale per vehicle.
1. Drivers . . . . . . . . 2.75
2. conductors . . .-. . 2.65 3: Supervision . . .=. . . 0.125 Line S aff and Checking Inspector.
4; Higher Supervision Staff and 0.075 Managers.
5. Ministerial and Secretariat Staff 0.8
6. Technical staff including 2.75 :
Foreman.
Provided fbrther that in the case of such persons to whom labour laws for the time being in force apply, no such te,rm;nation or ahtraticn of renluneraticn, terms or qonditions of service shall be mzde except in accordance with such laws.
I - .
*%6 Stage Carriages ccnd el473 : T.N. A d ' 15 Contract Carriazes (Acquisition)
(4) If any question arises as to whether any person referred to in sub-section (3), was exclusively employed in connection tvith the acquired property immediately before the 14th January 1973, it shall be decided by the authorised officer and an appeal shall lie to the Government under sub-section (3) of section 19.
(5) For the persons who immediately before the notified date wcre trustees for any pension, provident fund, gratuity or other like fund constituted for the persons referred to in sub-section (3), other than trustees nominated by or under any law, there shall be substituted as trustees, such persons as the Government may by + general or special order specily.
(6) (a) All sums deducted by the Government under sub-section (3 ) of section 10 shall stand transferred to the corporation or company or the State Transport Department of the Government referred to in subsection (1).
(b) Such corporation or company or State Transport Department of the Government shall credit the sums transferred to the appropriate funds or if any part of the sums is payable to the employee directly, such part shall be paid to him directly.
(7) The transfer of an employee to the corporation or company or the State Transport Department of the Government under sub-section (3) shall not entitle any such employee to any compensation and no such claim shall be enteriained by any court,tribunal or other authority.
(8) Save as otherwise provided in sub-section (3), the services of every person other than the persons referred to in sub-section (3) employed in connection with the acquired property immediately before the 14th January 1973, shall stand terminated on and from the notified date and if any such person whose services are so terminated, is entitled to any payment by way of gratuity or retirement benefit or for any leave not availed of, or of any other benefits, such person may enforce his claim against his employer under whom he was employed in connection with the acquired property immediately before the notified date, but not against the Government or the corporation or company owned by the Government or the State Transport Department of the Government.
fH3 : T.N. Act 121 Stage Carriages and $47 Coretract Carriages (Acquisition)
21. Except to the extent otherwise expressly provi- Gove,,m,,t ,, ded in this Act, on and from the notified date, the the corporation corporation or company or the State Transport Depar- or comrany ment of the Government to which the acquired property owned by the is transferred under section 20, shall have the exclusive ~~~~~~~~ y:
privilege of running such stage carriage or contract which the carriage. Such corporation or company or State ecquired .
Transport Department of the Government shall, not- property 1s withstanding anything contained in the Motor Vehicles "ansferred to Act, be entitled to the grant or renewal of permits under ~ ~ ~ ~ ~ ' u ~ [ v e the said Act in respect of any such stage carriage or 2ny contract odrriage to the exclusion of other persons and stage carriage any officer or authority under the Motor Vehicles Act or contrsct shall not invite any application or entertain any such application of other persons, for the grant of permit for the running of any stage carriage or contract carriage.
22. It shall be competent for the corporation or Transfer of company or the State Transport Department of the stage carriage Government referred to in section 20 to make any trans- or contract fer among themselves, of their property by way of sale, ~ ~ ~ r ~ ~ ~ ~ ~ ~ ~ :
exchange, gift or otherwise and the provisions of the or or Motor Vehicles Act, relating to transfer of ownership state Transpott of motor vehicles shall not apply to such transfer. Department of theGovernment .
23. The Government may with a view to carrying Power toobtain out the purposes of this Act by order require .any information.
person to furnish to such officer as may be specified in the order, such information in his possession as may be specified relating to any stage carriage or contract carriage or other property which is acquired or is liable to be acquired under this Act.
i 24. Any officer empowered in this behalf by the power to enter Government by general or special order, may enter and in+;pect.
any premises and inspect the acquired property with a view to carrying out the purposes of this Act.