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INTER STATE CORPORATIONS ACT, 1957
38 of 1957
20th September, 1957.
STATEMENT OF OBJECTS AND REASONS "As a result of the States Reorganization Act, 1956, a number of corporate bodies constituted under State Acts before the commencement of that Act (i.e., the 1st November 1956) for the purposes of individual States found themselves transformed into inter-State corporations on that date. To meet the situation, it was provided in section 109 of the States Reorganization Act that such a corporation shall continue to function and operate in those areas in respect of which it was functioning and operating immediately before 1st November 1956, subject to the directions of the Central Government, until other provision is made by law in respect of that corporation. This was only intended to be a transitional provision. 2. It is proposed in this Bill to make a general provision for the reorganization of any such inter-State corporation as one or more inter-State corporations at the instance of any of the State Governments concerned in that corporation. The State Government would frame a scheme for the purpose providing for the division of the assets and liabilities of the corporation the transfer or re-employment of its employees and other incidental matters. The Central Government after consulting the other State Governments concerned would give effect to the scheme by making a comprehensive order and notifying it in the Official Gazette. 3. Eleven State Acts are specified in the Schedule to the Bill on the basis of information supplied by the State Governments. Since it is possible that this list may not be complete, it is proposed in clause 5 of the Bill to empower the Central Government to include in the Schedule by means of a notification any other State Act under which a corporate body is now functioning in more than one State as a result of the States Reorganisation Act,"-Gazette of India, 1957 Extra. Pt. II, S. 2, p. 400.
An Act to provide for the reorganisation of certain corporations functioning in two or more States by virtue of section 109 of the States Reorganisation Act, 19561[or of any other enactment relating to reorganisation of States] and for matters connected therewith. Be it enacted by Parliament in the Eighth Year of the Republic of India as follows :-
SECTION 01: SHORT TITLE
- This Act may be called the Inter-State Corporations Act, 1957.
SECTION 02: DEFINITION
- In this Act, "inter-State corporation" means anybody corporate constituted under any of the Acts specified in the Schedule and functioning in two or more States by virtue of section 109 of the States Re-organisation Act, 1956,2[or of any other enactment relating to reorganisation of States.]
SECTION 03: POWER OF STATE GOVERNMENTS TO FRAME SCHEMES
- If it appears to the Government of a State in any part of which an inter-State corporation is functioning that the inter-State corporation should be reconstituted and reorganised as one or more inter-State corporations or that it should be dissolved, the State Government may frame a scheme for such reconstitution and reorganisation or such dissolution, as the case may be, including proposals regarding the transfer of the assets, rights and liabilities of the inter-State corporation to any other corporations or State Governments and the transfer or re-employment of employees of the inter-State corporation and forward the scheme to the Central Government.
SECTION 04: REORGANISATION OF CERTAIN INTER-STATE CORPORATIONS
- (1) On receipt of a scheme forwarded to it under section 3-, the Central Government may, after consulting the State Governments concerned, approve the scheme with or without modifications and give effect to the scheme so approved by making such order as it thinks fit.
(2) An order made under sub-section (1) may provide for all or any of the following matters, namely :-
(a) the dissolution of the inter-State corporation;
(b) the reconstitution and reorganisation in any manner whatsoever of the inter-State corporation including the constitution, where necessary, of new corporations;
(c) the area in respect of which the reconstituted corporation or new corporation shall function and operate;
(d) the transfer, in whole or in part, of the assets, rights and liabilities of the inter-State corporation (including the rights and liabilities under any contract made by it) to any other corporations or State Governments and the terms and conditions of such transfer;
(e) the substitution of any such transferee for the inter-State corporation, or the addition of any such transferee, as a party to any legal proceeding to which the inter-State corporation is a party; and the transfer of any proceedings pending before the inter-State corporation to any such transferee;
(f) the transfer or re-employment of any employees of the inter-State corporation to, or by any such transferee and subject to the provisions of section 111 of the States Reorganisation Act, 1956,4[or of any other enactment relating to reorganisation of States,] the terms and conditions of service applicable to such employees after such transfer or re-employment;
(g) the adaptations or modifications of the Act under which the inter-State corporation was constituted, whether by way of repeal or amendment as may be necessary or expedient to give effect to the approved scheme;
(h) such incidental, consequential and supplementary matters as may be necessary to give effect to the approved scheme.
(3) Where an order is made under this section transferring the assets, rights and liabilities of any inter-State corporation, then, by virtue of that order, such assets, rights and liabilities of the inter-State corporation shall vest in and be the assets, rights and liabilities of, the transferee.
(4) Every order made under this section shall be published in the Official Gazette and the Act under which the inter-State corporation was constituted shall have effect subject to the provisions of the order and the adaptations and modifications made thereby until altered, repealed or amended by the competent Legislature of a State.
(5) Every order made under this section shall be laid before each House of Parliament, as soon as may be, after it is made.
SECTION 05: POWER OF CENTRAL GOVERNMENT TO ADD TO THE SCHEDULE
- The Central Government may, by notification in the Official Gazette, specify in the Schedule any Act under which a body corporate constituted for a State is functioning in two or more States by virtue of section 109 of the States Reorganisation Act, 1956,5[or of any other enactment for the reorganisation of States,] and on the issue of such notification, the Schedule shall be deemed to be amended by the inclusion of the said Act therein.
SCHEDULE 1 SCHEDULE
(Seesections 2-and5-) 1. The Bombay Medical Practitioners Act, 1938 (Bom. 26 of 1938). 2. The Bombay Secondary School Certificate Examination Act 1948 (Bom. 49 of 1948). 3. The Bombay Housing Board Act, 1948 (Bom. 79 of 1948). 4. The Bombay Khar Lands Act, 1948 (Bom. 72 of 1948). 5. The Bombay Public Trusts Act, 1950 (Bom. 29 of 1950). 6. The Bombay Labour Welfare Fund Act, 1953 (Bom. 40 of 1953). 7. The Bombay Nurses, Midwives and Health Visitors Act, 1954 (Bom. 14 of 1954). 8. The Bombay Village Industries Act, 1954 (Bom. 41 of 1954). 9. The Hyderabad Nurses, Midwives and Health Visitors' Registration Act, 1951 (Hyd. 19 of 1951). 10. The Hyderabad Khadi and Village Industries Board Act, 1955 (Hyd. 12 of 1955) 11. The Madhya Pradesh Bhudan Yagna Act, 1953 (M.P. 15 of 1953).[12. Rajastlian Medical Act, 1952 (Raj. Act 13 of 1952). 13. Rajasthan Indian Medicine Act, 1953 (Raj. Act 5 of 1953). 14. Rajasthan Bhudan Yajna Act, 1954 (Raj. Act 16 of 1954). 15. Rajasthan Khadi and Village Industries Board Act, 1955 (Raj. Act 5 of 1955).][16. M. B. Panchayats Act. Smt. 2006 (M.B. Act 58 of 1949). 17. M. B. Indian Medicines Act, Smt. 2009 (M. B. Act 28 of 1952). 18. M. B. Dais' Registration Act, Smt. 1953 (M. B. Act 22 of 1953). 19. M. B. Medical Practitioners' Registration Act, 1954 (M. B. Act 16 of 1954). 20. M. B. Nurses, Midwives and Health Visitors' Registration Act, 1955 (M. B. Act 2 of 1955). 21. M. B. Bhoodan Yajna Act, 1955 (M. B. Act 3 of 1955). 22. M. B. Khadi and Village Industries Board Act, 1955 (M. B. Act 24 of 1955).][23. Hyderabad Agricultural Produce Markets Act, (2 of 1339 Fasli)]24. The Dentists Act. 1946 (16 of 1946).25. Madras Hindu Religious and Charitable Endowments Act, 1951 (Mad. Act 18 of 1951) - See Gazette of India, 26-9-1959, Pt. II, Sec. 3 (i), p. 1276.[26. The Official Trustees Act. 1913 (2 of 1913). 27. Administrator-General's Act, 1913 (3 of 1913).]28. The Pharmacy Act, 1948 (8 of 1948) - See Gazette of India, 6-8-1960, Pt. II, Sec. 3 (i), p. 1208. 29. Bombay Homoeopathic Act, 1951 (Bom Act 48 of 1951)--See Gazette of India, 13-8-1960, Pt. II, Sec. 3 (i), p. 1258. 30. Bombay Khadi and Village Industries Board Act, 1960 (Bom Act 19 of 1960) -- See Gazette of India, 10-9-1960, Pt. II, Sec. 3 (i), p. 1422. 31. Bombay Village Panchayats Act, 1958 (Bom Act 3 of 1959) -- See Gazette of India. 27-5-1961, Pt. II, Sec. 3 (i), p. 815. 32. Charitable Endowments Act, 1890 (6 of 1890)-See Gazette of India, 14-10-1961, Pt. II. Sec. 3 (i), p. 1531.[33. Punjab Nurses' Registration Act. 1932 (Punj. Act 1 of 1932). 34. Punjab Gram Panchayat Act, 1952 (Punj. Act 4 of 1953). 35. The Wakf Act, 1954 (C. A. 29 of 1954). 36. Punjab Khadi and Village Industries Board Act, 1955 (Punj. Act 40 of 1956). 37. Punjab Panchayat Samitis and Zilla Parishads Act, 1961 (Punj Act 3 of 1961). 38. Punjab Agricultural Produce Markets Act, 1961 (Punj. Act 23 of 1961). 39. Administrator-General's Act, 1963 (C.A. 45 of 1963).]40. Punjab Homoeopathic Practitioners Act, 1965 (Punj Act 16 of 1965) - See G.S.R. 293, Gazette of India, 17-2-1968, Pt. II, Sec. 3 (i), p. 301. 41. Punjab Bhudan Yagna Act, 1955 (Punj. Act 45 of 1956) - See G.S.R. 1473. Gazette of India, 10-8-1968, Pt. II, Sec. 3 (i), p. 1875.[42. Punjab Labour Welfare Fund Act, 1965 (Punj Act 17 of 1965). 43. Punjab State Faculty of Ayurvedic and Unani Medicines Act, 1963 (Punj. Act 38 of 1963).] [a] See G.S.R. 1619, Gazette of India, 7-9-1968, Pt. II, Sec. 3 (i), p. 2108. 44. Royal Family (Baroda) Trust Fund (Repealing) Act, 1956 (Bom Act 4 of 1957) - See G.S.R. 459, Gazette of India, 28-3-1969, Pt. II, Sec. 3 (i), p. 680.
ASSAM STATE PHARMACY COUNCIL (RECONSTITUTION AND REORGANISATION) ORDER, 1990
Ministry of Home Affairs, Noti. No. S.O. 799(E), dated October 15, 1990, published in the Gazette of India, Extra., Part II, Section 3(ii) dated 16th October, 1990, pp. 3-6 In exercise of the powers conferred by Section 4of the Inter-State Corporations Act, 1957 (38 of 1957) and Section 56 of the North Eastern Areas (Reorganisation) Act, 1971(81 of 1971), the Central Government, after consulting the Governments of the States of Assam and Meghalaya hereby approves, with certain modifications the scheme forwarded by the Government of Meghalaya relating to the reconstitution and reorganisation of the Assam State Pharmacy Council, being a body corporate constituted under the Pharmacy Act, 1948 (8 of 1948) and functioning in the States of Assam and Meghalaya and, for the purpose of giving effect to the scheme so approved, the Central Government hereby makes the following Order, namely :-
ORDER 1 SHORT TITLE AND COMMENCEMENT
- (1) This Order may be called the Assam State Pharmacy Council (Reconstitution and Reorganisa- tion) Order, 1990.
(2) It shall come into force on the First April, 1991.
ORDER 2 DEFINITIONS
(1) In this Order, unless the context otherwise requires,-
(a) "Act" means the Pharmacy Act, 1948 (8 of 1948) ;
(b) "appointed day" means the date of commencement of this Order:
(c) "existing Council" means the Assam State Pharmacy Council, constituted
under the Act and functioning and operating imme- diately before the
appointed day, in the State of Assam as it existed immediately before the 21st day of January, 1972 ;
(d) "Meghalaya Council" means Meghalaya State Pharmacy Council
constituted under the Act as from. the appointed day, for the State of Meghalaya ;
(e) "Assam Council" means the Assam State Pharmacy Council constituted under tlie Act as from the appointed day, for the State of Assam;
(f) "successor Council" in relation to the existing Council means the Assam Council or the Meghalaya Council.
(2) All other words and expressions used herein but not defined in this Order shall have tlie meanings assigned to them in the Act.
ORDER 3 DISSOLUTION OF THE EXISTING COUNCIL AND CONSTITUTION OF SEPARATE PHARMACY COUNCILS FOR THE STATES OF ASSAM AND MEGHA- LAYA
-As from the appointed day,-
(a) the existing Council shall stand dissolved and the members thereof shall vacate their offices : Provided that any person elected by the existing Council under clause (g) ofSection 3-of the Act, as a member representing the State of Assam as it existed immediately before the 21st day of January, 1972, on the Central, Council, shall continue to hold the membership of the Central Council, until the expiry of the term of his office or until the election of another person in his place by the Assam Council, whichever is later ;
(b) the Government of Assam shall constitute a Pharmacy Council for the State of Assam in the manner specified in sub-section (2) ofSection 19Aof the Act as modified by this Order;
(c) the Government of Meghalaya shall constitute a Pharmacy Council for the State of Meghalaya in the manner specified in sub-section (3) ofSection 19Aof the Act, as modified by this Order;
(d) the members of the Pharmacy Council constituted under clause (b) or clause (c) shall, notwithstanding anything contained inSection 25of the Act, hold office for a period of five years from the appointed day or until such time as the said Council is duly constituted under Section 19of the Act, whichever is earlier; and
(e) the President and Vice-President of each of the Pharmacy Councils constituted under clauses (b) and (c) shall, notwithstanding anything contained in sub-section (1) ofSection 23of the Act, be nominated from amongst the members of the Pharmacy Council by the Government of the State for which they said Council has been constituted.
ORDER 4 APPOINTMENT OF REGISTRARS
- (1) The Registrar of the existing Council, holding office immediately before the appointed day, shall as from that day, be deemed to have been appointed as the Registrar of the Assam Council and the terms and conditions of service applicable to the Registrar shall be the same as were applicable to him immediately before that day, until they are varied by a competent authority under the Act.
(2) Until a Registrar is duly appointed by the Meghalaya Council under Section 26of the Act, the Government of Meghalaya shall appoint a Registrar for the said Council on such terms and conditions as it deems fit.
ORDER 5 PROVISION REGARDING REGISTER
-The register duly maintained under the Act in force immediately before the appointed day, shall be deemed to be the register for each of the States of Assam and Meghalaya and accordingly the names of pharmacists on such register shall, without further fee or charge, be continued thereon subject to the provisions of Section 36of the Act for a period of six months from. the appointed day and thereafter on the register of any of the said States in which the registered person concerned expresses his desire to continue his registration by a letter addressed to the Registrar of the successor Council concerned within that period.
ORDER 6 RECOVERY OF OUTSTANDING FEES AND OTHER DUES
-All fees and other dues payable to the existing Council under the Act up to the appointed day shall,-
(a) if the dues are payable by a person ordinarily residing in the area of any successor Council, be recovered by that Council; and
(b) in any other case, be recovered by the Assam Council.
ORDER 7 DIVISION OF CASH BALANCE OF THE EXISTING COUNCIL
- The cash balance held by the existing Council immediately before the appointed day, shall, after deduction of all the liabilities of that Council up to that day, be apportioned among the successor Councils in proportion to the number of registered pharmacists ordinarily residing in the area of each successor Council.
ORDER 8 RESIDUARY PROVISION
-Any other assets or liabilities of the existing Council immediately before the appointed day, not expressly herein- before provided for, shall be apportioned in the manner indicated in para- graph 7.
ORDER 9 LEGAL PROCEEDINGS
-Where immediately before the appointed day, the existing Council is a party to any legal proceedings instituted in any court, by or against any registered pharmacists or other person, the successor Council within whose area such registered pharmacist or other person is ordinarily residing shall be deemed to be substituted for the existing Council as a party to those proceedings and the proceedings may continue accordingly.
ORDER 10 CONTRACTS
-Where immediately before the appointed day, the existing Council has made any contract which on the day is subsisting, such contract shall be deemed to have been made-
(a) if the purposes of the contract are, as from the appointed day, exclusively relatable to the area of any successor Council, by that Council;
(b) in any other case, by the Assam Council and all rights or liabili- ties which have accrued or may accrue under any such contract shall, to the extent to which they would have been the rights or liabilities of the existing Council, be the rights or liabilities of the appropriate successor Council.
ORDER 11 TRANSFER OF CERTAIN PROCEEDINGS PENDING BEFORE THE EXISTING COUNCIL
-Any proceedings relating to any registered pharmacist or other person which are pending immediately before the appointed day before the existing Council, shall on that day stand transferred to that successor Council within whose area such registered pharmacist or other person is ordinarily residing, for disposal according to law.
ORDER 12 SAVING
-All rules and regulations framed in respect of or by the existing Council, shall, until other provision is made under the Act in respect of the relevant successor Council, be deemed to be the rules and regulations framed in respect of or by that Council and shall continue to apply to them mutatis mutandis.
ORDER 13 EXCEPTIONS AND MODIFICATIONS IN THE ACT
-As from the appointed day, the Act shall, until altered, repealed or amended by the competent legislature, have effect in the States of Assam and Meghalaya subject to the exceptions and modifications specified in the Schedule annexed hereto.
Footnotes:
2. Inserted by the Bombay Reorganisation Act, 1960 (11 of 1960), section 75 (1-5-1960).
5. Inserted by the Bombay Reorganisation Act, 1960 (11 of 1960), section 75 (1-5-1960).
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