Subject NOT available

click here for IIIF manifest

REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 279] NEW DELHI, FRIDAY, AUGUST 10, 1973/SRAVNA, 19, 1895

Separate paging is given, to this Part in order that it may be filed as a separate, compilation.

MINISTRY OF SHIPPING AND TRANSPORT

(Transport Wing)

NOTIFICATION

New Delhi, the 10th August 1973

S.O. 430(E).—In exercise of the powers conferred by section. 47A of the Road Transport Corporations Act, 1950 (64 of 1950), and of all other powers hereunto enabling, the Central Government, after consultation with the Govern- ments of the States of Punjab, Haryana and Himachal Pradesh and the Adminis- trator of the Union Territory of Chandigarh, approves with certain modifications the scheme forwarded by the Government of Himachal Pradesh relating to the reorganisation of the Mandl-Kulu Road Transport Corporation, Mandi (Himachal Pradesh) and for the purpose of giving effect to the said Scheme, hereby makes the following Order, namely:—

PART I,—Preliminary

1. Short title and commencement—i(r) This Order may be called the Mandi- Kulu Road Transport Corporation (Reorganisation) Order, 1973.

(2) It shall come into force on the fifteenth day of September, 1973. 2. Definitions.—In this Order, unless the context otherwise requires:—• (a) "Act" means the Road Transport Corporations Act, 1950 (64 of 1950); (b) "appointed day" means the day on which this Order comes int force; (c) "balance sheet" means the audited balance sheet of the existing Cor- poration for the period ending the 31st October, 1966;

(1265)

(d) "existing Corporation" means the Mandi-Kulu Road Transport Corpora- tion established under the Act and functioning and operating imme- diately before the appointed day;

(e) "prescribed ratio" in relation to the reconstituted Corporation, Govern- ment of Punjab, Government of Haryana and the Union in relation to the Union Territory of Chandigarh means the ratio of 62.87 : 21.94 : 14.95 : 0.24;

(f) "reconstituted Corporation" means the existing Corporation as reconsti-

tuted under paragraph 3 of this Order;

(g) "successor authority" means in relation to the existing Corporation, the reconstituted Corporation, Government of Punjab, Government of Haryana and the Union in relation to the Union Territory of Chandi- garh;

(h) the various terms and headings of accounts mentioned in this Order shall have the meanings respectively assigned to them in the ""balance sheet.

FART H.—Reconstitution of the existing Corporation

3. Exclusion of certain areas from the operation of the existing Corporation

and its reconstitntion.—(1) Save as provided in Part V of this Order, as irom the appointed day, the existing Corporation shall cease to function in the territories of the State of Punjab and Haryana and the Union Territory of Chandigarh and, as from the appointed day, the existing Corporation shall be deemed to have been reconstituted by the Government of Hlmachal Pradesh under the Act.

(2) The capital provided to the existing Corporation—

(a) by the Central Government (represented by the Northern Railways)

before the appointed day; and

(b) (i) by the Government of Punjab , as it existed immediately before the first day of November, 1966, to the extent of 7.19 per cent of such capital;

(ii) by the Central Government (on behalf of the Union Territory of Himachal Pradesh) before the 25th day of January, 1971; and (ill) by the Government of Himachal Pradesh on or after the 25th day of January, 1971 but before the appointed day,

shall so far as the capital referred to in Clause (a) is concerned be deemed to have been provided by the Central Government (represented by the Northern Railways) and so far as the capital referred to in Clause (b) Is concerned, be deemed to have been provided by the Government of Himachal Pradesh, to the reconstituted Corporation and, as from the appointed day, the liability of the existing Corporation on account of such capital shall be the liability of the recon- stituted Corporation :

Provided that the liability of the existing Corporation on account of balance of capital provided to it by the Government of Punjab before the first day of Novem- ber, 1966 shall be deemed to be extinguished on the allocation of assets and liabili- ties as prescribed in Part III of this Order.

(3) The reconstituted Corporation shall pay to the Governments of Punjab, Haryana and the Union (in relation to the Union Territory of Chandigarh), interest for the period from the 1st November, 1966 upto the day immediately preceding the appointed day, at llij per cent per annum, on such amount as bears to the total capital Invested in the existing Corporation by the State of Punjab immediately before the 1st November, I9flfl, the ratio of 54.84 per cent, 37.38 per cent and 0.59 per cent respectively, such amount being diminished by the amount of loss allocat- ed respertively to the Governments of Punjtb, Haryana and the Union (in relation to the Union Territory of Chandigarh) under sub-paragraph (9) of paragraph 6.

PART IIL—Divlslon of assets and other liabilities

4. Assets and liabilities to be divided as on 31st October, 1966.—The assets and liabilities of the existing Corporation other than those dealt with tn paragraph 3 as shown in the balance sheet shall be divided amongst the successor authorities in accordance with this Part.

5. Division ol liabilities.—(1) The amount in the Depreciation Reserve Fund, Price Equalization Fund, Obsolescence Fund, Property Fund, Passenger Amenities Fund and Motor Transport Insurance Reserve Fund shall be divided among the successor authorities in the prescribed ratio.

(2) The amount of Contributory Provident Fund standing to the credit of employees of the existing Corporation who by virtue of this Order stand allocated to the reconstituted Corporation shall be transferred to that Corporation.

(3) The reserve for gratuity payable to employees of the existing Corporation and the Labour Welfare Fund shall stand transferred to the reconstituted Corpora- tion.

(4) The liability on account of any security deposit made by an employee of the existing Corporation shall stand transferred to the reconstituted Corporation.

(5) The interest payable by the existing Corporation, for the period upto the 31st October, I960, on the capital provided to that Corporation shall be allocated—

(a) where it Is payable on the capital provided by the Central Government on behalf of the Northern Railways or the Union Territory of Hima- chal Pradesh, to the reconstituted Corporation; and

(b) where it is payable on the capital provided by the Government of Punjab, ns it existed immediately before the first day of November, 1966, to the successor authorities in the following ratio:

.. 7.19 per cent. .. 54.84 per cent. .. 37.38 per cent.

Reconstituted Corporation Government of Punjab Government of Haryana Union (In relation to the Union Territory of Chandigarh)

0.59 per cent.

(6) The liability on account of the amount of loan advanced to the existing Corporation by the Government of Punjab and outstanding on 31st October, 1966 together with interest thereon upto the day preceding the appointed day shall, as from that day, be the liability of the reconstituted Corporation. The right to recover the amount shall belong to the Government of Himachal Pradesh who shall pay to the Governments of Punjab, Haryana and the Union sums equal to 54.84 per cent : 37.38 per cent and 0.59 per cent respectively of the amount

6. Division of assets.—(1) The lands and buildings and motor vehicles of the existing Corporation shall pass to the reconstituted Corporation and the reconsti- tuted Corporation shall pay the following amount to the Government of Punjab, Government of Haryana and the Central Government by way of their share of such assets:—

Government of Punjab

.. 21.94 per cent of the book

value of the assets.

Government of Haryana

.. 14.95 per cent of the book

value of the assets.

Central Government

.. 0.24 per cent of the book

value of the assets.

(2) The library books and all stocks of printing paper, stationery, tickets and traffic stationery, medicines and instruments, if any, belonging to the existing Corporation shall pass to the reconstituted Corporation.

(3) Fuel, oil and lubricants, belonging to the existing Corporation shall pa^g to the reconstituted Corporation.

(4) Tyre and tubes, spare parts, batteries, uniforms and miscellaneous stores belonging to the existing Corporation shall pass to the reconstituted Corporation.

(5) The leave salary paid by the existing Corporation to officers and other employees on deputation from any State Government and recoverable from that Government shall be made over to that State,

(6) The right to recover any loan or advance granted to any employee of the existing Corporation shall pass to the reconstituted Corporation.

(7) The income-tax recoverable from the Income-tax Department shall pass to the reconstituted Corporation and adjusted against the liability of Income tax transferred to it.

(8) The cash in hand as on the 31st October, 1966 shall be divided among the successor authorities in the prescribed ration.

(9) The loss shown in the balance-sheet for the period ending the 31st October, 1966, shall be allocated to the successor authorities in the following ratio :

. . 53.59 per cent. .. 27.42 per cent .. 18.69 per cent.

Reconstituted Corporation Government of Punjab Government of Haryana Union (in relation to the Union Territory of

Chandigarh)

.. 0.30 per cent.

7. Other assets and liabilities.—All other assets and liabilities of the existing Corporation as shown in its balance sheet and not specifically dealt with in para- graphs 5 and 6 shall be apportioned among the successor authorities in the pres- cribed ratio.

8. Ovor-ali financial adjustment.—The division of assets and liabilities under this Part shall be subject to overall financial adjustment among the successor authorities in such a manner that the net assets, that is to say, the excess of assets over liabilities, accrue to the successor authorities In the prescribed ratio,

PART IV.—Allocation of employees

9. All the employees of the existing Corporation shall stand allocated to the reconstituted Corporation and the service rendered by any such employee under the existing Corporation shall count for leave, gratuity, Contributory Provident Fund, continuity of service and other benefits enjoyed by him immediately before the appointed day as an employee of the existing Corporation.

PART V—Rout© Pertaite

10. Transfer of permits held by the existing Corporation.—Any route permit granted to the existing Corporation, which immediately before the appointed day vas valid and effective, shall—

(a) if the permit relates to a route exclusively In Punjab or Haryana or the Union Territory of Chandigarh, be deemed to have been granted to the State Transport Undertaking of that State or the Union Territory, aa the case may be;

(b) in any othtr case, continue to be a route permit of the reconstituted Cor-

poration :

Provided that where any permit relates to routes which by virtue of the provi- sions of the Punjab Reorganisation Act, 1966, became inter-State routes on the 1st November, 1966, such of those permits shall be transferred to the Government of Punjab, Government of Haryana or the Administrator of the Union Territory of Chandigarh, as the case may be, as may be agreed upon between the successor authorities within one month from the appointed day, or in default of such agree- ment, as the Central Government may by Order determine, and on such transfer the permits shall be deemed to have been granted to the Government of Punjab, the Government of Haryana or the Administrator of the Union Territory of Chandigarh, as the case may be.

PART VI.—Contracts

11. Contract*—Where before the appointed day, the existing Corporation has made any contract, that contract shall be deemed to have been made—

(a) if the purposes of the contract are, as from the appointed day, exclu- sively relatable to the routes or areas falling within the Territories of the State of Punjab, the State of Haryana or the Union Territory of Chandigarh, by that State or the Union Territory, as the case may be;

(b) in all other cases, by the reconstituted Corporation;

and all rights and liabilities which have accrued or may accrue under any such contract, shall, to the extent to which they would have been the rights or liabilities

of the existing Corporation shall be the rights or the liabilities of the Government -of Punjab, the Government of Haryana, the Central Government or the reconsti- tuted Corporation, as the case may be.

PART VII.—Legal Proceedings

12 Legal proceedings.—Where immediately before the appointed day the exist- ing Corporation is a party to any legal proceedings with respect to any property, rights or liabilities, transferred to any successor authority, as from the appointed day, the latter shall be deemed to be substituted for the existing Corporation as a party to these proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.

PART Vm.—Other matters

13. Residuary assets and liabilities.—All liabilities not included in the balance sheet on account of income tax, passenger and goods tax or any other tax or on account of suits having arisen or which may arise or are pending in any Court or any claim under adjudication or claims which may arise relating to accidents or any other claims preferred or which may be preferred against the existing Cor- poration relating to transactions prior to the aforesaid day and not specifically provided for In this Order shall be divided as also refunds made amongst the successor authorities jn the following ratio, namely,—•

.. 53.59 per cent. .. 27.42 per cent. .. 18.69 per cent.

Reconstituted Corporation Government of Punjab Government of Haryana Union (in relation to the Union Territory of

Chandigarh).

•• 0.30 per cent. Likewise, any payments which may be found due to the existing Corporation pertaining to the period prior to the 1st November, 1966 and not included in the balance sheet of the existing Corporation shall be divided amongst the successor authorities in the aforesaid ratio.

14. Itesidluary provision.—All other assets and liabilities of the existing Cor- poration as on the 31st October, i960 not included in Its balance sheet or not provided for in this Order specifically shall be apportioned among the successor authorities in the following ratio, namely—

53.59 per cent. 27.42 per cent. 18.69 per cent.

Reconstituted Corporation Government of Punjab Government of Haryana Union (in relation to the Union Territory of

Chandigarh).

' .. 0.30 per cent. 15. rvvwer of the Central Government to order adjustments in certain cases,—. Where, by virtue of any provision of this Order, any of the successor authorities or the Government of Himachal Pradesh (hereinafter referred to as "beneficiary") becomes entitled to any property or obtains any benefit or becomes subject to any liability and the Central Government on a reference made within a period of three years from the appointed day by any beneficiary is of opinion that it is just and equitable that that property or those benefits should be shared by the other bene- ficiaries or that a contribution towards that liability should be made by the other beneficiaries, the said property or benefits shall be allocated in such a manner, or the othor beneficiaries shall make to tho beneficiary, primarily subject to the liability, such contribution in resnect thereof as the' Central Government, may after consultation with the beneficiaries concerned, determine.

16. Matters not specifically covered in the Order.—Any matter not covered by any of Ihe provisions of this Order shall be settled bv mutual agreement amon£ the Chairman of tho reconstituted Corporation, the Secretary to the Government of Punjub in the Transport Department, the Secretary to 'the Government of Haryana In the Transport Department, the Home Secretary, Union Territory of Chandigarh arid the Chief Commercial Superintendent, Northern Railway, Delhi.

17. B'isaRTeement in implementation.—In case of any disagreement In the implementation of this Order, it shall be referred to the Central Government for adjudication and that Government shall decide the same.

18. Cancellation of notification) Issued by the Ministry of Home Affairs-—

As from the appointed day, the notification ol! the Government of India in the Ministry of Home Affairs No. S.O. 768, dated the 4th March, 1967, in respect of the existing Corporation shall be treated as cancelled and the additional members appointed by the Government of Haryana and the Government of Himachttl Pradesh to the existing Corporation would cease to function.

[No. 24-T(16)/71]

N. R. REDDY, Jt. Secy.

PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1973