Section 45 of The Road Transport Corporations Act, 1950
Power to make regulations.
- (1)A Corporation may with the previous sanction of 1[the State Government and by notification in the Official Gazette], make regulations, not inconsistent with this Act and the rules made thereunder for the administration of the affairs of the Corporation.
- (2)In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
- (a)the manner in which, and the purposes for which, persons may be associated with the 2[Board] 2[Board] under section 10;
- (b)the time and place of meetings of a the 2[Board] and the procedure to be followed in regard to transaction of business at such meetings;
- (c)the conditions of appointment and service and the scales of pay of officers and 3[other employees of the Corporation other than the Managing Director, the Chief Accounts Officer and the Financial Adviser or, as the case may be, the Chief Accounts Officer-cum-Financial Adviser]; 4[(d) the issue of passes to the employees of the Corporation and other persons under section 19;
- (e)the grant of refund in respect of unused tickets and concessional passes under section 19.] 5[(f) the period after the expiration of which unclaimed articles or goods may be sold by public auction;
- (g)the regulation of the carriage of passengers and goods in the road transport services of the Corporation.]
Summary
- A transport corporation can create its own regulations for running its business, provided it gets permission from the State Government first.
- These regulations are published in the Official Gazette and must follow the overall rules set by the government.
- The corporation uses Section 45 to decide when and where the Board will meet and how they will vote.
- It sets the working conditions and pay for most employees, excluding the top management roles.
- This section allows the corporation to make rules for customers, such as how to get a refund for an unused ticket.
- Regulations can also describe how the corporation manages and auctions off goods that people leave behind.
Practical examples
FAQ
1. Does a transport body need anyone's permission to make regulations under Section 45 of the Road Transport Corporations Act, 1950?
Yes, under Section 45 of the Road Transport Corporations Act, 1950, the corporation must get the previous sanction of the State Government.
2. Can Section 45 of the 1950 Act be used to set rules for bus passengers?
Yes, Section 45 of the 1950 Act allows for the regulation of the carriage of passengers and goods in the transport services.
3. Under Section 45 of the Road Transport Corporations Act, what happens if a regulation disagrees with a State Government rule?
According to Section 45 of the Road Transport Corporations Act, regulations must not be inconsistent with the Act or the rules made under it.
Test yourself
1.Under Section 45 of the Road Transport Corporations Act, 1950, who creates regulations for the administration of the corporation's affairs?
2.Based on Section 45 of the Road Transport Corporations Act, 1950, whose pay is NOT determined by the corporation's own regulations?
3.Under Section 45 of the 1950 Road Transport Act, what is a valid topic for a corporation's regulations?
4.While Section 44 of the Road Transport Corporations Act, 1950, lets the State Government set pay for top leaders, Section 45 lets the Corporation do what for other staff?