Court : Delhi
Reported in : ILR1978Delhi785; 1978RLR537
..... , notifications, bye-laws, schemes, orders, standing orders and forms relating to transport services whether made under the delhi road transport authority act, 1950 (13 of 1950) or under the delhi municipal corporation act (66 of 1957) and in force immediately before such; establishment, shall, in so far as they are not inconsistent with the provisions of this act, continue to be in force and be deemed to be regulations made by the new corporation under section 45 of the road transport corporations act (64 of 1950) unless and until they are superseded by regulations made under that section ..... (23) by section 7 of the delhi road transport laws (amendment) act, 1971 (hereinafter referred to as 'the amending act') the municipal corporation act, 1957 (66 of 1957) in relation to the road transport services in the union territory of delhi was to be subject to the amendments specified in the second schedule with the amending act and the references therein to 'this act' were to be construed as references to the 'road transport corporation act, 1950 (64 of 1950)'. ..... in view of the amending act and section 3 of the road transport corporation act, 1950 (64 of 1950), (hereinafter referred to as 'the act') a new corporation named as delhi road transport corporation for the union territory of delhi was established with effect from 3rd november, 1971. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj187; 1972()WLN1052
..... issued a notice under section 38 of the road transport corporation act, 1950 (central act lxiv of 1950) to the rajasthan state road transport corporation on 18th april, 1972 to show cause why it should not be superseded; and whereas the state government after considering the explanation and objections of the corporation is of the opinion that the corporation is unable to perform and has persistently made default in the performance of the duties imposed on it by or under the provision of the road transport corporations act and has further abused its powers. ..... therefore, in exercise of the powers conferred upon it under sub-section (1) of section 38 of the road transport corporations act, 1950 (central act lxiv of 1950) the state government with the approval of the central government, hereby supersedes the rajasthan state road transport corporation for a period of six months.by order of governorsd/- ram singh commissioner for home affairs,& secretary to government ..... state government, in exercise of the powers conferred by sub-section (1) of section 34 of the rajasthan road transport corporation act, 1950, had, after consultation with the corporation, issued instructions to the corporation to the effect that the city transport service in the city of jaipur at present being operated by the private operators should be operated by the corporation either by obtaining permits under chapter iv of the motor vehicles act, 1939 or by following the procedure laid down in chapter iv-a thereof. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H140
..... as regards the contention that since the permission of the state of haryana in framing the scheme regarding the inter-state routes was not obtained by the pepsu road transport corporation, as is envisaged under section 20 of the road transport corporation act, 1950, and therefore, the scheme is vitiated, i am inclined to hold that there is no merit and this contention as well. ..... another ground urged at the time of arguments is that the pepsu road transport corporation failed to take sanction of the haryana government while framing the scheme governing the inter-state routes as required under section 20 of the road transport corporation act, 1950, hence the pepsu scheme to the extent of dealing with the inter-state routes is vitiated and is without jurisdiction.7. ..... no doubt the pepsu road transport corporation is a corporation constituted under the road transport corporation act, 1950, and the provisions of s. ..... regarding the scheme of inter-state routes will vitiate the scheme prepared under section 68-d of the act my answer to this question is that the scheme prepared under section 68-d of the act, as finally approved by the central government, according to the provisions of that act, would not be vitiated because in my opinion, there is a substantial compliance with the provisions of section 20 of the road transport corporation act, as from the government file i find that this scheme in question was approved by the state governments .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP407; (1962)IILLJ639AP
..... that in clause (5) of the government order above referred to, it is provided that the members of the staff of the road transport department, who have opted to serve under the corporation in pursuance of the notices issued to them by the general manager and the financial adviser and chief accounts officer, road transport department, shall be employed by the corporation subject to such regulations as may be made by it under section 45(2)(c) of the road transport corporations act, 1950, and subject to such assurances as had been given to them by government in their letter no. ..... after the coming into being of the state of andhra pradesh, the state government established a road transport corporation under the road transport corporations act (64 of 1950), called the andhra pradesh road transport corporation, with effect from 11th january 1958. ..... as already mentioned, on january 9, 1958, in exercise of the powers conferred by section 34 of the road transport corporations act, 1950, the government of andhra pradesh, made an order which inter alia provided that 'the andhra pradesh road transport corporation shall take over the management of the existing road transport department of andhra pradesh. ..... 93, dated 11th january 1958, the government of andhra pradesh, in exercise of the powers conferred by section 34 of the road transport corporations act, 1950, made an order directing that certain administrative arrangements should come into force. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC215; (1977)4SCC471; [1978]1SCR641
..... to conclude this branch of the discussion, there is no validity in shri sen's contention that because the road transport corporations act, 1950, speaks of business principles as guiding state transport services, therefore taking over of private buses is not a public purpose. ..... the karnataka state road transport corporation (hereinafter called the corporation) was established by the state government of karnataka on august 1, 1961 under section 3 of the road transport corporations act, (central act 64 of 1950). ..... the corporation in view of the transfer under section 19 will be able to utilize the unexpired portion of the permit for plying the vehicle only in the sate of karnataka until and unless it gets it signed by the transport authority of the other state or states in accordance with the motor vehicles act or take steps in accordance with section 20 of the road transport corporations act. ..... sen referred to section 19 of the road transport corporations act and specially to clause (c) of sub-section (2) to lend support to his argument that without acquiring the whole undertaking only a portion of its assets leaving out the liabilities could not be acquired ..... it does not in any way violate or militate against the provisions of the road transport corporation act either, as argued by mr. ..... under section 3 of act 64 of 1950 while establishing a road transport corporation the state government is obliged to keep in mind primarily the public interest as provided for in clauses (a) to (c) thereof .....
Tag this Judgment!Court : Karnataka
Reported in : [2004(102)FLR464]; ILR2004KAR2278; 2004(6)KarLJ17; (2004)IIILLJ1044Kant
..... one of the grounds raised in the writ petitions is that the state government has no power to take over the management of the trust under section 37 of the road transport corporation act, 1950 (hereinafter referred to as act 1950). ..... section 2(b) of the act 1950 defines the word 'corporation' which means a road transport corporation established under section 3 of the act 1950. ..... the facts in these appeals are as follows:-the karnataka state road transport corporation (hereinafter referred to as 'ksrtc') and the employees union entered into a settlement dated 27.7.1970 ..... to the provisionsof this act, a corporation shall have power -(a) to operate road transport service in the state and in any exempted are:(b) to provide for any ancillary service;(c) to provide for its employees suitable conditions of service including fair wages, establishment of provident fund, living accommodation, places for rest ..... section 37(1) of the act 1950 provides that on receipt of the report of the inquiry held under section 36 of the act 1950 or otherwise if the state government is satisfied that it is necessary in the public interest to take over the administration of the corporation, it may issue a notification to that effect ..... under section 36(2) of the act 1950, the corporation shall provide all facilities to the person appointed to hold an ..... the trust is not a corporation established under section 3 of the act 1950, but on the other hand, it is a trust created with the object of providing drbf to its .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1975AP138
..... 'any undertaking providing road transport service' where such undertaking is carried on by amongst others, any road transport corporation established under section 3 of the road transport corporations act, 1950 (hereinafter called the corporations act).15. ..... after the schemes were thus approved, the road transport corporation(hereinafter called the corporation) applied for the grant of permits in regard to 32 schemes whereby certain routes were nationalised on ..... to the two authorities to carry out the consequential and mechanical function of granting the permits to road transport corporation and cancelling the permits of the private operators? ..... the general manager of the road transport corporation in his affidavit categorically stated that all the particulars required to form an opinion were furnished to the routes committee to form an opinion after considering ..... consequently held that 'the functions under the motor vehicles act had been allocated by the governor to the transport minister under the rules, and the secretary had been validly authorised under rule 23-a to take action under section 68-c of the act.the said principle thus laid down can be extended to a case of corporation where under section 12 of the corporations act the powers under section 68-c are delegated to its committee ..... was delegated with powers to take a final decision on proposals referred to it and to approve for publication schemes for operation of road transport services prepared under chapter iv-a of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(4)AWC3503(SC); [2009(121)FLR603]; (2009)IIILLJ177SC; (2009)5MLJ307(SC); RLW2009(1)SC452; 2009(2)SCALE428; (2009)4SCC299:2009AIRSCW2566
..... corporation, indisputably, was constituted in terms of the provisions of road transport corporations act, 1950 (for short, 'the 1950 act ..... pursuant to or in furtherance of the said power, the corporation made regulations known as 'rajasthan state road transport corporation employees service regulations, 1965'.chapter v of the said regulations provides for suspension, termination ..... road transport corporation ..... by this court in rajasthan state road transport corporation and ors. v. ..... before a two-judge bench of this court in rajasthan state road transport corporation and ors. v. ..... a division bench of this court by an order dated 22.11.2007 for resolution of a purported conflict in two three-judge' bench judgments of this court in the cases of rajasthan state road transport corporation and anr. v. ..... corporation framed its standing orders known as rajasthan state road transport workers and workshop employees standing orders, 1965, which were certified under the 1946 act ..... dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person- (i) who in subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC6; JT1987(3)SC617; 1988LabIC213; (1988)IILLJ435SC; 1987(2)SCALE625; (1987)4SCC738; [1988]1SCR228; 1988(1)SLJ90(SC); 1988(1)LC48(SC)
..... the respondent therein had questioned the validity of a notification issued by the general manager of the mysore state road transport corporation inviting applications for appointments to certain posts on the ground that such a notification could not have been issued by the general manager of the mysore state road transport corporation as no regulations had been made by that corporation under section 45(1) of the road transport corporations act, 1950 with the previous sanction of the state government with regard to the conditions of appointment of servants and the ..... it is seen from the provisions set out above that sub-sections (1) and (2) of section 14 of the road transport corporations act, 1950 correspond to section 16 of the act, section 14(3)(b) of the road transport corporations act, 1950 corresponds to section 17 of the act and section 45 of the road transport corporations act, 1950 corresponds to section 161 of the act. ..... scales of pay of officers and servants of the corporation other than the chief executive officer and the general manager and the chief accounts officers. .....
Tag this Judgment!Court : Delhi
Reported in : 116(2005)DLT673
..... was made to the delhi road transport authority act, 1950 (the drta act) and the delhi road transport authority (scales of pay) regulations, 1950 framed there under (the 1950 regulations); the road transport corporations act, 1950 (the 1950 act) read with the delhi road transport laws (amendment) act, 1971 (the amendment act). ..... delhi transport corporation, : (1991)illj607sc and ..... learned counsel for the workmen drew my attention to the delhi road transport authority (scales of pay) regulations, 1992 (the 1992 regulations). ..... , then it will mean on merits (as pointed out by learned counsel for the workmen) that the salaries and pay scales of employees of the petitioner have not undergone any change between 1950 and 1992 (when the 1992 regulations were enacted) and between 1992 and today, because no amendments to these regulations have been pointed out. ..... - the appropriate government may, by notification in the official gazette, direct that any power exercisable by it under this act or rules made there under shall, in relation to such matters and subject to such conditions, if an, as may be specified in the direction, by exercisable also,- (a) where the appropriate government is the central government, by such officer ..... it was held in that case that the scheme framed under section 4(1) of the dock workers (regulation of employment) act, 1948 had all the characteristics of a subordinate legislation and it would be arrogating too much power if the tribunal were to make an award altering .....
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