Transfer of acquired property to corporation or the State Transport Department of the Government and provisions for existing staff

(1) The Government shall immediately after the vesting of the acquired property under section 4 by order transfer the whole of the said property in favour of such corporation or company owned by the Government or State Transport Department of the Government, as the Government may specify in such order. (2) Where in pursuance of sub-section (1) any stage carriage or contract carriage is transferred to any corporation or company owned by the Government or the State Transport Department of the Government, the permit in respect of such stage carriage or contract carriage shall, notwithstanding anything contained in the Motor Vehicles Act, be deemed to have been transferred in favour of such corporation or company or State Transport Department of the Government and such permit shall be valid for the unexpired period thereof. After the expiry of the said period, such corporation or company or State Transport Department of the Government shall be exclusively entitled to the renewal of such permit and an application for such renewal may be made by the corporation or company or State Transport Department of the Government at any time before the expiry of the said permit and the period specified in clause (a) of sub-section (2) of section 58 of the Motor Vehicles Act, shall not apply to such application. (3) Every person who is a workman within the meaning of the Industrial Disputes Act, 1947 (Central Act XIV of 1947), and has been, immediately before the 14th January 1973, exclusively employed in connection with the acquired property shall, on and from the notified date, become an employee of the corporation or company or the State Transport Department of the Government referred to in sub-section (1) and shall hold office or service in such corporation or company or State Transport Department of the Government on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if the acquired property had not vested in the Government and transferred to such corporation or company or State Transport Department of the Government and continue to do so unless and until his employment in such corporation or company or State Transport Department of the Government is terminated or until his remuneration, terms or conditions of employment are duly altered by such corporation or company or State Transport Department of the Government: Provided that the number of workmen that shall become employees of the corporation or company or the State Transport Department of the Government under this sub-section shall not exceed the following scale, the junior most being excluded: Scale per vehicle. 1. Drivers 2.75 2. conductors 2.65 3. Supervision 0.125 Line Staff and Checking Inspector. 4. Higher Supervision Staff and Managers 0.075 5. Ministerial and Secretariat Staff 0.8 6. Technical staff including Foreman 2.75: Provided further that in the case of such persons to whom labour laws for the time being in force apply, no such termination or alteration of remuneration, terms or conditions of service shall be made except in accordance with such laws. (4) If any question arises as to whether any person referred to in sub-section (3), was exclusively employed in connection with the acquired property immediately before the 14th January 1973, it shall be decided by the authorised officer and an appeal shall lie to the Government under sub-section (3) of section 19. (5) For the persons who immediately before the notified date were trustees for any pension, provident fund, gratuity or other like fund constituted for the persons referred to in sub-section (3), other than trustees nominated by or under any law, there shall be substituted as trustees, such persons as the Government may by general or special order specify. (6) (a) All sums deducted by the Government under sub-section (3) of section 10 shall stand transferred to the corporation or company or the State Transport Department of the Government referred to in sub-section (1). (b) Such corporation or company or State Transport Department of the Government shall credit the sums transferred to the appropriate funds or if any part of the sums is payable to the employee directly, such part shall be paid to him directly. (7) The transfer of an employee to the corporation or company or the State Transport Department of the Government under sub-section (3) shall not entitle any such employee to any compensation and no such claim shall be entertained by any court, tribunal or other authority. (8) Save as otherwise provided in sub-section (3), the services of every person other than the persons referred to in sub-section (3) employed in connection with the acquired property immediately before the 14th January 1973, shall stand terminated on and from the notified date and if any such person whose services are so terminated, is entitled to any payment by way of gratuity or retirement benefit or for any leave not availed of, or of any other benefits, such person may enforce his claim against his employer under whom he was employed in connection with the acquired property immediately before the notified date, but not against the Government or the corporation or company owned by the Government or the State Transport Department of the Government.