Section 47 of The Road Transport Corporations Act, 1950
Special provisions relating to Bombay.
- (1)The body known as the Bombay State Road Transport Corporation and the Board thereof, referred to in the notification of the Government of Bombay, No. 1780/5, dated the 16th November, 1949 (hereinafter referred to as "the existing corporation" and "Board" respectively) shall, notwithstanding any defect in, or invalidity of, the enactment or order under which they were constituted, be deemed for all purposes to have been validly constituted as if all the provisions of the said notification had been included and enacted in this section and this section had been in force continuously on and from the said date, and accordingly--
- (a)all action by, and all transactions with, the existing Corporation or Board, including any action or transaction by which any property, asset or right was acquired or any liability or obligation, whether by contract or otherwise, was incurred, shall be deemed to have been validly and lawfully taken or done; and
- (b)no suit, prosecution or other legal proceeding shall lie against the Government of Bombay or any member of the Board or any officer or servant of the existing Corporation in respect of any action taken by, or in relation to the setting up of, the existing Corporation or Board merely on the ground of any defect in, or invalidity of, the enactment or order under which the existing Corporation or Board was constituted.
- (2)On the establishment of a Corporation under section 3 in the State of Bombay (hereinafter referred to as "the new Corporation"),--
- (a)the existing Corporation and Board shall be deemed to be dissolved and shall cease to function;
- (b)all property and assets vesting in the existing Corporation shall vest in the new Corporation;
- (c)all rights, liabilities and obligations of the existing Corporation, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations, respectively, of the new Corporation; and
- (d)all licences and permits granted to, all contracts made with, and all instruments executed on behalf of, the existing Corporation or Board shall be deemed to have been granted to, made with, or executed on behalf, of, the new Corporation and shall have effect accordingly.
Summary
- This section validates the original Bombay State Road Transport Corporation and its Board from 1949.
- It states that the Bombay body is considered validly formed even if there were legal mistakes in the original order.
- All previous business, property purchases, and legal steps taken by the Bombay body are legally binding.
- It protects members and officers of the Bombay body from lawsuits regarding how the corporation was set up.
- When a new official corporation is formed in Bombay under the 1950 Act, the old 1949 entity is dissolved.
- All assets, rights, and debts automatically move from the old Bombay body to the new one.
Practical examples
FAQ
1. Does Section 47 of the Road Transport Corporations Act, 1950, protect Bombay officials from lawsuits?
Yes, Section 47 of the Road Transport Corporations Act, 1950, prevents legal proceedings against the Bombay Government or Board members regarding the setup of the original corporation.
2. What happens to the old 1949 Bombay transport body under Section 47 of the 1950 Act?
Under Section 47 of the 1950 Act, the existing corporation is dissolved once a new corporation is established under Section 3.
3. According to Section 47 of the Road Transport Corporations Act, are old Bombay bus permits still good?
Yes, Section 47 of the Road Transport Corporations Act states that all permits and licenses granted to the existing corporation are deemed to have been granted to the new one.
Test yourself
1.Under Section 47 of the Road Transport Corporations Act, 1950, what is the legal status of the old 1949 Bombay transport body?
2.Based on Section 47 of the 1950 Road Transport Act, what happens to assets when the new Bombay corporation starts?
3.Under Section 47 of the Road Transport Corporations Act, 1950, what happens to the old body's liabilities?
4.While Section 46 of the Road Transport Corporations Act, 1950, allows fines for breaking rules, what does Section 47 say about lawsuits against the Bombay Board?