The Road Transport Corporations Act, 1950
17A.Establishment of subsidiary Corporations.
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Where a corporation
(hereafter in this section referred to as the parent Corporation) is satisfied
that it is expedient or necessary so to do for the more efficient discharge of
its functions under this Act, it may, with the concurrence of the State
Government and the Central Government, frame by notification in the Official
Gazette a scheme or schemes providing for the establishment of one or more
subsidiary corporations.
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A scheme framed under sub-section (1) shall specify the subsidiary
corporation or corporations which shall become established there under, the date
or dates with effect from which they shall be so established, the powers and
functions of the parent Corporation which such subsidiary corporation or
corporations may exercise and discharge, the conditions and limitations subject
to which such powers may be exercised, the management of the affairs of each
such sub sidiary corporation by a Board of Directors, the capital of each such subsidiary
corporation and all other matters relating to such subsidiary corporations corresponding to the various matters for which provisions
have been made in this Act with respect to the parent
Corporation:
Provided that-
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no subsidiary corporation shall start operation on any new route without
the previous approval of the parent
Corporation;
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the representatives of the
Central Government on the Board of Directors of a subsidiary corporation shall be in proportion to its
contribution to the capital of the parent
Corporation;
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the liability of the Central
Government to provide contribution to the capital of the subsidiary corporation or to the parent
Corporation shall not be increased without the approval of the Central
Government;
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a subsidiary corporation shall have a Managing
Director, a Chief Accounts Officer and a Financial Adviser or a Chief Accounts
Officer-cum-Financial Adviser, and, such officers shall be appointed by the
State Government;
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the State Government and the
parent Corporation shall have power to give directions to a subsidiary
corporation in respect of any matter, including directions relating to
recruitment, conditions of service and training of the employees of the
subsidiary corporation, wages to be paid to such employees, reserves to be
maintained by the subsidiary corporation;
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the capital budget, the revenue budget an development plans of a
subsidiary corporation shall be submitted for approval to the parent
Corporation and where such budget, or plan involves any deficit, also to the State
Government.
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Every subsidiary corporation
established under a scheme framed under sub-section (1) shall be a body
corporate, by the name specified in the scheme having perpetual succession and
a common seal and shall by the said name sue and be sued.