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REGISTERED No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, TUESDAY, AUGUST 31, 1948

PART IV

Acts of the Dominion Legislature assented to by the Governor General

GOVERNMENT OF INDIA

MINISTRY OF LAW

New Delhi, the 81st August, 1948

The following Acts of the Dominion Legislature received the assent of the Governor General on the 31st August 1948 and are hereby published for general formation; —

ACT No. XXXV OF 1948

An Act to enable companies to make donations to the Gandhi National Memorial Fund.

WHEREAS it is expedient to make provision for enabling companies to make nations to the Gandhi National Memorial Fund;

It is hereby enacted as follows: —

1. Short title and extent.—(1) This Act may be called the Gandhi National memorial Fund Donations (Companies) Act, 1948.

(2) It extends to all the Provinces of India.

2. Power of companies to make donations to the Fnnd.—Any company, as defined in clause (5) of sub-section (2) of section 2 of the Indian Companies Act, 213 (VII of 1913), may, notwithstanding anything contained in that Act, and withstanding that the Memorandum of Association or the Articles of association of the Company do not enable it so to do, by special resolution authorise the making of a donation from the Company's assets to the Fund' own as the Gandhi National Memorial Fund and administered by the President the Indian National Congress.

ACT NO. XXXIVI OF 1948

An Act to amend the constitutions of the Port Trusts of the major ports of

Bombay, Calcutta and Madras. *

WHEREAS it is expedient to amend the constitutions of the Port Trusts relat- to the administration of the major ports of Bombay, Calcutta and Madras ; It is hereby enacted as follows :—

1. Short title and commencement.—(1) This Act may be called the Bomba calcutta and Madras Port Trusts (Constitution) (Amendment) Act, 1948 ( 193 )

(2) It shall come into force on such date as tho Central Government may, I

notification in the official Gazette, appoint,

2. Amendment ol certain enactments.—The enactments mentioned in tl

Schedule are hereby amended to the extent and in the manner mentioned in thtT fourth column thereof.

3. Transition from existing constitution to new constitution.—The appoint-

ments and elections to be made or held under any of the enactments' men- tioned in the Schedule, as amended hereby, may bo made or held at any jtime after the passing of this Act and before this Act comes into force, but the Trustees or Commissioners, as the case may be, so appointed and electod shall not assume offloe until this Act ooines into force, and on the coming into force of this Aot the term okpfflce of the Trustees or Commissioners, as tho case may be, then holding office, shall expire.

SCHEDULE

(See seotion 2)

Amendments

Short title

Year Nunibei

2

4

1

3

For ecotion 6, the following seotion shall be substituted, 1879 Bom. VI

namely :—

The Bombay Port Trust Act, 1870.

" 6. Constitution of the Board.—(1) The Board shal

conflict of twenty-five members, that is to nay, of fourteon

(2) The ten nominee truntuou shall bo tne

(a) two representatives of the Defence Service i ehoaon by the Central Government, one of whom shall be a representative of the Royal Indian Navy it Bombay j

(ft) two representatives of labour ohoaen by the Central Government after consultation with th© registered trade unions, if any, oomposed rf person* employed in the port ;

(c) one representative of the Woronntilp AtYirine Department, Bombay, choBOu by the Central Govern- ment ;

(d) the Collector of Customs, Bombay, tm officio- (c) the General Manager, Groat Indian Peninsuh

Railway, ex offlcio ;

(f) tho General Manager, Bombay, Ba^oda and

Central India Railway, em offlcio j

((7) one representative choson by tho Provincial

Oovermnwfr )• and

(h) the Municipal Oommiaaioner for the City of

Bombay, et officio." For sub-section (1) of section 6, the following shall be substituted, namely:—

" (1) Of the thirteen elective Trustees, Wo ahall be

elected by the Municipal Corporation of tho Oity of Bom bay and the remaining by such provincial or local bodir representing commercial interests as the Central Goverr merit may, from time to time, by notification in th official Gazette, Hpeoify, anil nuch notification may also specify the number of TnistooM that each of such bodies

may oleot."

For heution 5, tho following shiill be substituted, The Caloutta

Ben. I ll •

18B0

namely :•—

Port Act, 1890.

" 5. ConntUution of Oovi)niBaione.ru.~-There shall be

t w e n t y - f o ur C o m i n i H s i o n o r H, t h at IH to s ay •

(/) thu Chairman, c-so officio ; (ii) tho Deputy Chairman, ex officio (til) the Collector of Customs, Calcuttn, ex offkio; (iv) the Chief Executivo Offloer of tho Munioipal

Corporation for the City of Caloutta, m officio j

(v) the Geneial Manager, East Indian Hallway

ex officio;

(vi) the General Manager, Bengal Nagpur Railway

rx ojflcio ;

("i) one representative of the Moroantile Marine

Department chosen by the Central Government ;

(vw.%) one representative of thu Defence Services

choscm by the Central Government ;

(tot) one representative of the Provincial Govern-

ment phoaen by the Provincial Government ,

(x) two reprenontativeH of labour ohoeen 'by the Central Government after donnultation w'th the rcgieleied trade unions, if any, composod of peTeOnB tmplojed in the Poit ; and

(.ci) thirteen eleotod CommissionerB."

For nub-section (I) of section 6, the following aha

be Kubatituted, namely :—

" (1) Of the thirteen elected CommiBSionera one ahall be eleoted by the Municipal Corporation of the Olty of Cal- cuttn, one shall be eleoted by* the Howrah Municipal- ity und tho remaining by auoh provincial or local bodies representing commercial intereata as the Central Govern- ment may, from time to time, by notification in the official Gazette, "pecify, and euoh notification may alao (rpocify the number of CoinmiBnionera that each of auch bodies may elect."

1005 l""d. 11 1

In Boction 7, for the word " eighteon " the word

" twenty-one " shalltoeaubatituted.

?he Madras Port Trust Aot, 190 fx

For section 8, the folio vmg nhal] be eubstituted,

namely :—

" 8. Appointment of Trusteea.-(l) The chairman shall be appointed by tho Central Government. The remain- ing trustees shall be as follows :—

(a) the Collector of Customs, Madras, ea> "ffkio

(b) the Municipal Commissioner for the City of

Madras, ex officio ;

(c) the General Manager, Madras and Southern

Mahratta Railway, e& officio ;

(d) tho General Manager, South Indian Railway,

fx officio ;

(L) one representative of the Mercantile Marine

Department chosen by tho Central Government ;

(/) one representative of the Defence Service"

chosen by the Central Government j

(g) one representative of the Provincial Govern-

ment ohosen by tho Provincial Government ;

]

3

4

(/() two representatives of labour chosen by the Centiul Oovwnment aftor consultation with the registered tiade unions, if any, oomposod of persona pmpluyed in the port ; find

(t) eleven elncted trustees.

(2) Ol Iho eleven elected trustees, one shall be elected by tho Municipal Corporation of the City of Madras and the remaining by such provincial or local bodies representing commercial interests as the Central Government may, from time to time, by notification in the offlolal Gazette, specify, and sueh notification may alao sperify the number of trustees that oaoh of such bodies may elect.

(.?) The result of any eleotion held in pursuance of sub- seotion (?) shall be commujaicuted forthwith to the Central Government by the ohief eieoutive authority of the Municipal Corporation or the body concerned."

K, V. K. SUNDAEAM,

Ssoy. to the Qovt. of India.

P U M J S H ED sr I HS MANAOKE or PDBLICATIONB, DBLHI, INDIA.

PRINTKD BY TTTW MANAOBR, GOVERNMENT OF INDIA P E I B S, N BW DHLHI, INDIA.