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Section 43 of The Road Transport Corporations Act, 1950

Directors, Officers and other employees of a Corporation to be public servants.

43. 1[Directors], 2[Officers and other employees] of a Corporation to be public servants.--All 1[Directors] of a Corporation, and all 2[officers and other employees] of a Corporation, whether appointed by the State Government or the Corporation, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act or of any other law, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Summary

All Directors and employees of a Corporation are legally considered public servants.
This status applies regardless of whether the State Government or the Corporation appointed them.
The rule applies whenever these individuals are performing duties related to the Act.
It also applies when they are acting under any other relevant law in their official capacity.
This designation follows the definition of a public servant in the Indian Penal Code.

Practical examples

1A ticket inspector is harassed while doing his job. Because Section 43 of the transport law makes him a public servant, the person harassing him can be charged with interfering with a public official's duties.

2A Director of the Board is accused of taking a bribe. Under Section 43, he is treated as a public servant, which means he is subject to the same strict corruption laws as any other government officer.

FAQ

1. Are bus drivers considered public servants under Section 43 of The Road Transport Corporations Act, 1950?

Yes, Section 43 of The Road Transport Corporations Act, 1950, states that all officers and other employees of a Corporation shall be deemed to be public servants.

2. Which other law does Section 43 of The Road Transport Corporations Act, 1950, refer to for the definition of a public servant?

Section 43 of The Road Transport Corporations Act, 1950, refers to section 21 of the Indian Penal Code (45 of 1860).

3. Does Section 43 of The Road Transport Corporations Act, 1950, apply to Directors appointed by the State?

Yes, Section 43 of The Road Transport Corporations Act, 1950, applies to all Directors, whether they were appointed by the State Government or the Corporation.

Test yourself

1.Under Section 43 of The Road Transport Corporations Act, 1950, which code defines the term "public servant"?

2.To whom does Section 43 of The Road Transport Corporations Act, 1950, apply?

3.According to Section 43 of The Road Transport Corporations Act, 1950, when is a person deemed to be a public servant?

4.Under Section 43 of the Road Transport Corporations Act, 1950, does the method of appointment change one's status as a public servant?

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