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THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND CONTROL)

Title : THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND CONTROL)

Year : 1962


PART VII

PROVISIONS AS TO CERTAIN CORPORATIONS.

68.Provisions as to Bombay State Electricity Board and State
WarehousingCorporation.

68. Provisions as to Bombay State Electricity Board and State
Warehousing Corporation. (1) The following bodies corporate constituted for the State of Bombay, namely:--

(a) the State Electricity Board constituted under the
Electricity Supply Act, 1948 (54 of 1948.); and

(b) the State Warehousing Corporation established under the
Agricultural Produce (Development and Warehousing)
Corporations Act, 1956 (28 of 1956),

shall, as from the appointed day, continue to function in those areas in respect of which they were functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the Central Government.

(2) Any directions issued by the Central Government under sub-
section (1) in respect of the Board or the Corporation shall include a direction that the Act under which the Board or the Corporation was constituted shall, in its application to that Board or Corporation, have effect subject to such exceptions and modifications as the
Central Government thinks fit.

(3) The Board or the Corporation referred to in sub-section (1)
shall cease to function as from, and shall be deemed to be dissolved on, the 1st day of October, 1960, or such earlier date as the Central
Government may, by order, appoint; and upon such dissolution, its assets, rights and liabilities shall be apportioned between the State of Maharashtra and the State of Gujarat in such manner as may be agreed upon between them within one year of the dissolution of the
Board or the Corporation, as the case may be, or if no agreement is reached, in such manner as the Central Government may by order determine.

601.(4) Nothing in the preceding provisions of this section shall be construed as preventing the Government of the State of Maharashtra or, as the case may be, the Government of the State of Gujarat from constituting, at any time on or after the appointed day, a State
Electricity Board or a State Warehousing Corporation for that State under the provisions of the Act relating to such Board or Corporation;
and if such a Board or Corporation; and if such a Board or Corporation is so constituted in either of the States before the dissolution of the Board or the Corporation referred to in sub-section (1),--

(a) provision may be made by order of the Central Government enabling the new Board or the new Corporation to take over from the existing Board or Corporation all or any of its undertakings, assets, rights and liabilities in that State, and

(b) upon the dissolution of the existing Board or
Corporation, any assets, rights and liabilities which would otherwise have passed to that State by or under the provisions of sub-section (3) shall pass to the new
Board or the new Corporation instead of to that State.

69.Continuance of arrangements in regard to generation and supply ofelectric power and supply of water.

69. Continuance of arrangements in regard to generation and supply of electric power and supply of water. If it appears to the
Central Government that the arrangement in regard to the generation or supply of electric power or the supply of water for any area or in regard to the execution of any project for such generation or supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it is, by virtue of the provisions of Part
II, outside the State in which the power stations and other installations for the generation and supply of such power, or the catchment area, reservoirs and other works for the supply of water, as the case may be, are located, the Central Government may give such directions as it deems proper to the State Government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement.

70.
Provisions as to Bombay State Financial Corporation.

70. Provisions as to Bombay State Financial Corporation. (1) The
Bombay State Financial Corporation established under the State
Financial Corporations Act, 1951 (63 of 1951) shall, as from the appointed day, continue to function in those areas in respect of which it was functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the Central Government.

(2) Any directions issued by the Central Government under sub-
section (1) in respect of the Corporation shall include a direction that the said Act, in its application to the Corporation, shall have

602.effect subject to such exceptions and modifications as may be specified in the direction.

(3) A general meeting of the Corporation shall be convened, in accordance with the rules to be made in this behalf by the Central
Government, by the Board thereof before the 31st day of July, 1960, or within such further time as the Central Government may allow for the consideration of a scheme for the reconstitution or reorganisation or dissolution, as the case may be, of the Corporation, including proposals regarding the formation of new corporations, and the transfer thereto of the assets, rights and liabilities of the existing
Corporation, and if such a scheme is approved at the general meeting by a resolution passed by a majority of the shareholders present and voting, the scheme shall be submitted to the Central Government for its sanction.

(4) If the scheme is sanctioned by the Central Government either without modifications or with modifications which are approved at a general meeting, the Central Government shall certify the scheme, and upon such certification, the scheme shall, notwithstanding anything to the contrary contained in any law for the time being in force, be binding on the corporations affected by the scheme as well as the shareholders and creditors thereof.

(5) If the scheme is not so approved or sanctioned, the Central
Government may refer the scheme to such Judge of the High Court at
Bombay as may be nominated in this behalf by the Chief Justice thereof, and the decision of the Judge in regard to the scheme shall be final and shall be binding on the corporations affected by the scheme as well as the shareholders and creditors thereof.

(6) Nothing in the preceding provisions of this section shall be construed as preventing the Government of the State of Gujarat from constituting, at any time on or after the appointed day, a State
Financial Corporation for that State under the State Financial
Corporations Act, 1951 (63 of 1951).

71.Amendment of Act 64 of 1950.

71. Amendment of Act 64 of 1950. In the Road Transport
Corporations Act, 1950,--

(1) in section 47A,--

(a) in sub-section (1),--

(i) for the words, letters and figures, "the whole or any part of a State in respect of which a
Corporation was, immediately before the 1st day of
November, 1956," the words "or any other enactment relating to reorganisation of States, the whole or any part of a

603.State in respect of which a Corporation was, immediately before the day on which the reorganisation takes place," shall be substituted;

(ii) in the Explanation, for clause (i), the following clause shall be substituted, namely:--

"(i) in relation to the Bombay State Road
Transport Corporation, shall mean the Government of the State of Maharashtra or of Gujarat as formed under the Bombay Reorganisation Act,
1960;";

(b) in sub-section (3), in clause (f), after the words and figures "the States Reorganisation Act, 1956", the words "or any other enactment relating to reorganisation of States" shall be inserted;

(2) after section 47A, the following section shall be inserted, namely:--

"48. Transitional provision relating to Bombay State
Road Transport Corporation. Notwithstanding anything contained in section 47A, it shall be lawful for the
Government of the State of Bombay to frame a scheme under sub-section (1) thereof and forward the same to the
Central Government before the 1st day of May, 1960, and in such a case, the power conferred on the Central
Government to make an order under sub-section (2)
thereof may be exercised before that day but no order so made shall take effect till that day.".

72.Special provision for Bar Council of Gujarat.

72. Special provision for Bar Council of Gujarat. (1) In the
Indian Bar Councils Act, 1926 (38 of 1926),--

(a) in section 4,--

(i) to sub-section (2), the following Explanation shall be added, namely:--

"Explanation.--For the purpose of election to the Bar Council for the High Court of Gujarat, the period of ten years aforesaid shall be computed after taking into account the period for which the person concerned was entitled as of right to practise in the High Court of Bombay or of
Saurashtra or in the Judicial Commissioners Court of Kutch before the 1st day of May, 1960.";

(ii) for the proviso to sub-section (4), the following proviso shall be substituted, namely:--

"Provided that the Advocates-General of West
Bengal, Madras, Maharashtra and Gujarat shall be

604.Chairman ex-officio, respectively, of the Bar
Councils constituted for the High Courts of those
States.";

(b) after section 5, the following section shall be inserted, namely:--

"5A. Ad hoc Bar Council for Gujarat High
Court. Notwithstanding anything contained in this
Act, the Chief Justice of the High Court of Gujarat shall nominate the members of the first Bar Council under this Act for the High Court of Gujarat and the members so nominated shall remain in office for a period of twelve months.".

(2) The assets and liabilities of the Bar Council for the High
Court of Bombay shall be divided between the Bar Councils for the High
Court at Bombay and the High Court of Gujarat in such manner as may be agreed upon, and in default of such agreement, as may be directed by the Attorney-General for India.

73.Amendment of Act 6 of 1942.73. Amendment of Act 6 of 1942. In the Multi-unit Co-operative
Societies Act, 1942, after section 5B, the following section shall be inserted, namely:--

Transitional provision relating to certain multi-unit co-operative societies.

"5C. Transitional provision relating to certain multi-unit co-operative societies. (1) Where, in respect of any co-operative society specified in the Twelfth Schedule1*, which under the provisions of sub-section (1) of section 5A becomes a multi-unit co-operative society, the Board of Directors unanimously adopts any scheme for the reconstitution, reorganisation or dissolution of the society, including proposals for the formation of new co-
operative societies and the transfer thereto of the assets and liabilities and employees of that society and the State
Government of Bombay certifies the scheme at any time before the
1st day of May, 1960, then notwithstanding anything contained in sub-section (2) or sub-section (3) or sub-section (4) of the said section or any other law, regulation or bye-law for the time being in force in relation to that society, the scheme so certified shall be binding on all societies affected by the scheme, as well as the shareholders, creditors and employees of all such societies, subject to such financial adjustments as may be directed in this behalf under sub-section (3), but no such scheme shall be given effect to before the said day.

(2) When a scheme in respect of a co-operative society is so certified, the Central Registrar shall place the scheme at a meeting, held in such manner as may be prescribed by rules made under this
---------------------------------------------------------------------
1. Twelfth Schedule refers to the Twelfth Schedule to the Bombay
Reorganisation Act, 1960 (11 of 1960).

605.Act, of all the persons who, immediately before the date of certification of the scheme, were members of the society and the scheme may be approved by a resolution passed by a majority of the members present and voting at the said meeting.

(3) If the scheme is not so approved or is approved with modifications, the Central Registrar may refer the scheme to such
Judge of the High Court at Bombay as may be nominated in this behalf by the Chief Justice thereof and the Judge may direct such financial adjustments to be made among the societies affected as he deems necessary, and the scheme shall be deemed to be approved subject to those financial adjustments.

(4) If in consequence of the directions given under sub-section
(3), a society becomes liable to pay any sum of money, the State within whose area the society is located shall be liable as guarantor in respect of the payment of such money.".

74.General provision as to statutory corporations.

74. General provision as to statutory corporations. (1) Save as otherwise expressly provided by the foregoing provisions of this Part, where any body corporate constituted under a Central Act, State Act or
Provincial Act for the State of Bombay or any part thereof has, by virtue of the provisions of Part II, become an inter-State body corporate, then, the body corporate shall, as from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day, subject to such directions as may from time to time be issued by the Central
Government, until other provision is made by law in respect of the said body corporate.

(2) Any directions issued by the Central Government under sub-
section (1) in respect of any such body corporate shall include a direction that any law by which the said body corporate is governed shall, in its application to that body corporate, have effect subject to such exceptions and modifications as may be specified in the direction.

75.Amendment of Act 38 of 1957.75. Amendment of Act 38 of 1957. In the Inter-State Corporations
Act, 1957, in the preamble, in section 2, in clause (f) of sub-section
(2) of section 4 and in section 5, after the words and figures "the
States Reorganisation Act, 1956", wherever they occur, the words "or of any other enactment relating to reorganisation of States" shall be inserted.

76.Temporary provisions as to continuance of certain existing roadtransport permits.

76. Temporary provisions as to continuance of certain existing road transport permits. (1) Notwithstanding anything contained in section 63 of the Motor Vehicles Act, 1939 (4 of 1939), a permit granted by the State Transport Authority of Bombay or any Regional
Transport Authority in that

606.State shall, if such permit was, immediately before the appointed day, valid and effective in any area in the transferred territory, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that Act as for the time being in force in that area; and it shall not be necessary for any such permit to be countersigned by the State Transport Authority of Gujarat or any
Regional Transport Authority therein for the purpose of validating it for use in such area:

Provided that the Central Government may, after consultation with the State Governments of Maharashtra and Gujarat, add to, amend or vary the conditions attached to the permit by the Authority by which the permit was granted.

(2) No tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in the State of Gujarat under any such permit, if such vehicle was, immediately before that day, exempt from the payment of any such toll, entrance fees or other charges for its operations in the transferred territory:

Provided that the Central Government may, after consultation with the State Governments of Maharashtra and Gujarat, authorise the levy of any such toll, entrance fees or other charges, as the case may be.

77.Special provision relating to retrenchment compensation in certaincases.

77. Special provision relating to retrenchment compensation in certain cases. Where on account of the reorganisation of the State of
Bombay under this Act, any body corporate constituted under a Central
Act, State Act or Provincial Act, any co-operative society registered under any law relating to co-operative societies or any commercial or industrial undertaking of that State is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, co-operative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or in any such co-operative society or undertaking, is transferred to, or re-
employed by any other body corporate, or in any other co-operative society or undertaking, then notwithstanding anything contained in section 25F of the Industrial Disputes Act, 1947 (14 of 1947), such transfer or re-employment shall not entitle him to any compensation under that section:

Provided that--

(a) the terms and conditions of service applicable to the workman after such transfer or re-employment are not less

607.favourable to the workman than those applicable to him immediately before the transfer or re-employment;

(b) the employer in relation to the body corporate, the co-
operative society or the undertaking where the workman is transferred or re-employed is, by agreement or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation under section
25F of the Industrial Disputes Act, 1947 (14 of 1947), on the basis that his service has been continuous and has not been interrupted by the transfer or re-
employment.

78.Special provision as to income-tax.

78. Special provision as to income-tax. Where the assets, rights and liabilities of any body corporate carrying on any business are, under the provisions of this Part, transferred to any other bodies corporate which after the transfer carry on the same business, the losses of profits or gains sustained by the body corporate first mentioned which, but for such transfer, would have been allowed to be carried forward and set off in accordance with the provisions of section 24 of the Indian Income-tax Act, 1922 (11 of 1922), shall be apportioned amongst the transferee bodies corporate in accordance with the rules to be made by the Central Government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of section 24 of the said Act, as if the transferee body corporate had itself sustained such loss in a business carried on by it in the years in which these losses were sustained.

79.Continuance of facilities in certain State institions.

79. Continuance of facilities in certain State institutions. (1)
The Government of the State of Maharashtra or, as the case may be, the
Government of the State of Gujarat shall, in respect of the institutions specified in the Thirteenth Schedule located in that
State, continue to provide facilities to the people of the other State which shall not, in any respect, be less favourable to such people than what were being provided to them before the appointed day, for such period and upon such terms and conditions as may be agreed upon between the two State Governments before the 1st day of October, 1960
or, if no agreement is reached by the said date, as may be fixed by order of the Central Government.

(2) The Central Government may, at any time before the 1st day of
October, 1960, by notification in the Official Gazette, specify in the
Thirteenth Schedule any other institution existing on the appointed day in the State of Maharashtra or of Gujarat, and on the issue of such notification, the Schedule shall be deemed to be amended by the inclusion of the said institution therein.

608.PART
PROVISIONS AS TO SERVICES
Last updated on May, 2015

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