section 10
Transfer of assets and liabilities of the Government to the Authority
The Himachal Pradesh Bus Stands Management and Development Authority Act, 1999General199929 sections
Statutory text
- (1) As from such date as the Government may appoint by notification in the Official Gazette in relation to any bus stand,-
- (a) all properties and other assets vested in the Government for the purposes of Bus Stand administered by Himachal Road transport Corporation and other local authorities, immediately before such date shall vest in the Authority;
- (b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with, or for the Himachal Road transport corporation immediately before such date for or in connection with the purposes of the bus stand, shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the Authority;
- (c) all non-recurring expenditure, incurred by the Government for or in connection with the purposes of the bus stand upto such date and declared to be capital expenditure by the Government shall, subject to such terms and conditions as may be determined by the Government, be treated as the capital provided by the Government to the Authority;
- (d) all sums of money due to the Himachal Road Transport Corporation in relation to the bus stands immediately before such date shall be deemed to be due to the Authority;
- (e) all suits and other legal proceedings instituted or which could have been instituted by or against the Himachal Road Transport Corporation immediately before such date for any matter in relation to the bus stand may be continued or instituted by or against the Authority; and
- (f) every employee holding any office under the Himachal Road Transport Corporation immediately before such date solely or mainly for or in connection with such affairs of the bus stands as are relevant to the functions of the Authority under this Act shall be treated as on deputation with the Authority but shall hold his office in the Authority by the same tenure and upon the same terms and conditions of service in respect of remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office, if the Authority had not been constituted and shall continue to do so until the Himachal Road Transport Corporation either on its own motion or at the request of the Authority, recalls such employees to its service or until the Authority, with the concurrence of the Himachal Road Transport Corporation duly absorbs, such employee in its regular service, whichever is earlier: Provided that during the period of deputation of any such employee with the Authority, the Authority shall pay to the Himachal Road Transport Corporation in respect of every such employee, such contribution towards leave, salary, pension and gratuity as the Government, may, by order, determine: Provided further that any such employee, who has, in respect of the proposal of the Authority to absorb him in its regular service, intimate within such time as may be specified in this behalf by the Authority his intention of not becoming regular employee of the Authority, shall not be absorbed by the Authority in its regular service.
- (2) If any dispute or doubt arises as to which of the properties, rights or liabilities of the properties, rights or liabilities of the Government or Himachal Road Transport Corporation, as the case may be, have been transferred to the Authority or as to which of the employees serving under the Himachal Road Transport Corporation are to be treated as on deputation with the Authority, under this section, such dispute or doubt shall be decided by the Government in consultation with the Authority and the decision of the Government thereon shall be final.
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