UMTABillBhopal v13
UMTABillBhopal v13
UMTABillBhopal v13
____OF 2016
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UNIFIED METROPOLITAN TRANSPORT AUTHORITY BILL No. __ Of 2016
ARRANGEMENT OF CLAUSES
CHAPTER I 5
PRELIMINARY 5
Section 1 Short title, extent and commencement 6
Section 2 Definitions 6
CHAPTER II 9
MADHYA PRADESH UNIFIED METROPOLITAN TRANSPORT AUTHORITY 9
Section 3 Constitution of Madhya Pradesh Unified Metropolitan Transport Authority 9
Section 4 Unified Metropolitan Transport Authority for Urban Mobility Areas 11
Section 5 Members not to have certain interest 15
Section 6 Term of office and condition of service of Chairperson, Members and Special Invitees
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Section 7 Appointment, Resignation, Removal, or Suspension of Special Invitees as members
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Section 8 Powers of Chairperson 18
Section 9 Secretariat, officers and staff of the State Authority 18
Section 10 Secretariat, officers and staff of the City Authority 19
Section 11 Meetings of the State Authority 20
Section 12 Meetings of City Authority 20
Section 13 Sub-Committees constituted by the State Authority or City Authority (for specific
subject matters) 21
CHAPTER III 23
DECLARATION OF URBAN MOBILITY AREA 23
Section 14 Establishment of Urban Mobility Area and alteration of their limits 23
CHAPTER IV 24
DUTIES, FUNCTIONS AND POWERS OF THE STATE AUTHORITY 24
Section 15 Duties and Functions of the Governing Board 24
Section 16 Duties and Functions of the Executive Board 25
Section 17 Powers of the Governing Board of the State Authority 26
Section 18 Powers of the Executive Board of the State Authority 28
CHAPTER V 29
DUTIES, FUNCTIONS AND POWERS OF THE CITY AUTHORITY 29
Section 19 Duties and Functions of the Governing Committee 29
Section 20 Duties and functions of the Executive Committee of the City Authority 31
Section 21 Powers of the Governing Committee of the City Authority 32
Section 22 Powers of the Executive Committee of the City Authority 34
Section 23 City Authority may give direction to the Urban Transport agencies 35
Section 24 Power to enter into contracts 35
Section 25 Preparation of a Comprehensive Mobility Plan for Urban Mobility Area 35
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Section 26 Appeals 37
Section 27 Revision 37
CHAPTER VI 39
DEDICATED URBAN TRANSPORT FUND (DUTF) 39
Section 28 Fund of the State Authority 39
Section 29 Fund of the City Authority 42
Section 30 Grants and Loans by the Government 44
Section 31 Priority of payment for interest and repayment of loans 44
Section 32 Power to raise finances 44
Section 33 Grants and Loans by the State Authority and City Authority 44
Section 34 Comprehensive Debt Limitation Policy 45
Section 35 Sinking fund 45
Section 36 Budget of the State Authority/City Authority 45
Section 37 Audit 46
Section 38 Annual report 46
Section 39 Returns 47
CHAPTER VII 48
OFFENCES AND PENALTIES 48
Section 40 Penalty for failure to comply with Rules, Regulations, orders and directions 48
Section 41 Offences by companies 48
Section 42 Fines when realized to be vested in the Authority 49
Section 43 Penalties not to affect other liabilities 49
Section 44 Cognizance of offences 49
Section 45 Chapter to have effect in addition to other Acts 49
CHAPTER VIII 50
MISCELLANEOUS 50
Section 46 Protection of action taken in good faith 50
Section 47 Recovery of penalties payable under this Act 50
Section 48 Service of notice etc. 50
Section 49 Public notices 51
Section 50 Notices, etc., to fix reasonable time 51
Section 51 Authentication of order and documents of the State Authority/City Authority 51
Section 52 Members and officers to be public servants 52
Section 53 Power to delegate 52
Section 54 Restriction on execution against the State Authority/City Authority or transport
works 52
Section 55 Effect of other laws 52
Section 56 Restriction of power of a local authority to make rules, regulations or bye-laws in
respect of certain matters 52
Section 57 Notice to be given to sue 53
Section 58 State Government to make Rules 53
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Section 59 Power to make Regulation 54
Section 60 Power of State Government to issue directions 55
Section 61 Removal of difficulties 56
Section 62 Amendment of certain enactments 56
SCHEDULE I 57
SCHEDULE II 59
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UNIFIED METROPOLITAN TRANSPORT AUTHORITY BILL
No. ______2016
[Date]
CHAPTER I
PRELIMINARY
A Bill1 to provide for the constitution of state level body to be known as Unified Metropolitan
Transport Authority for the state of Madhya Pradesh and constitution of Unified Metropolitan
Transport Authorities for Urban Mobility Areas at city level. The Bill further provides for
notification of Urban Mobility Areas and the regulation of the development, operation,
maintenance, management, monitoring and supervision of Urban Transport within such Urban
Mobility Areas.
Be it enacted by the Madhya Pradesh State Legislature in this _____ year of the Republic of
India as under:
1The National Urban Transport Policy 2006 specifies as its main objective, the need to ensure
safe, affordable, quick, comfortable, reliable and sustainable access for the growing number of
city residents to jobs, education, recreation and such other needs within cities, and further
recognized that for urban areas to be able to support the required level of economic activity,
easy and sustainable movement of goods and people must be provided
And whereas to achieve the objective of the National Urban Transport Policy 2006 there is a
need for
Establishing institutional mechanisms for strategic planning of all transport and
mobility needs of the residents of the city;
Establishing effective coordination amongst all transport and related organisations
belonging to Central, State and private sector organisations;
Establishing regulatory and enforcement mechanisms to ensure enhanced safety as well
as equitable and environmentally friendly access and services to the transport system
users;
And whereas significant financial support from the Central and State Governments is required
for investments in urban transport infrastructure and improving mobility in urban areas;
And whereas in order to have a comprehensive implementation of an integrated urban
transport system in the notified urban areas, it is desirable to establish a Unified Metropolitan
Transport Authority together with a Urban Transport Fund to be managed by such Authority
and for purposes connected with the matters aforesaid.
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Section 1 Short title, extent and commencement
(1) This Act may be called Madhya Pradesh Unified Metropolitan Transport
Authority Act, 2016.
(2) This Section shall come into force at once and the remaining provisions of this
Act shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint and different dates may be
appointed for different provisions of this Act and any reference in any
provision to the commencement of this Act shall be construed as a reference
to the coming into force of that provision.
Section 2 Definitions
(c) “Chairperson” shall mean the Chairperson of the State Authority or the
Chairperson of the City Authority as appointed under this Act;
(d) “Chief Executive Officer” shall mean the Chief Executive Officer appointed under
sub-section (2) of Section 10 of this Act;
(f) “Chief Operating Officer” shall mean the Chief Operating Officer appointed
under sub-section (3) of Section 10 of this Act;
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(h) “Comprehensive Mobility Plan” shall mean the policy document outlining the
strategies and related actions for the provision of safe, clean and efficient Urban
Transport, and the enhancement of mobility of people and goods in the Urban
Mobility Area, covering all elements of Urban Transport under an integrated
planning process;
(i) “Executive Board” shall mean the executive board of the State Authority
constituted under sub-section (4) of Section 3 of this Act;
(j) “Executive Committee” shall mean the executive committee of the City
Authority constituted under sub-section (5) of Section 4 of this Act;
(k) “Governing Board” shall mean the governing board of the State Authority
constituted under sub-section (3) of Section 3 of this Act;
(l) “Governing Committee” shall mean the governing committee of the City
Authority constituted under sub-section (5) of Section 4 of this Act;
(m) "Member" shall mean a member of the State Authority or a member of the City
Authority, as the case may be;
(n) “Notification" shall mean a notification published in the Official Gazette and the
expression "notified" with its cognate meanings and grammatical variations, shall
be construed accordingly;
(o) “Regulations” shall mean the regulations made by the State Authority or the City
Authority under this Act;
(p) "Rules" shall refer to the rules made by the State Government under this Act;
(r) “Special Invitee” shall mean a person nominated by his respective department
to act as a Special Invitee of the City Authority under sub-section (5) of Section 4
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of this Act, and who shall attend only such meetings of the City Authority as the
City Authority deems fit, without having voting rights whatsoever;
(u) “Transport Investment Programme” shall mean a detailed five-year [or such
period as decided by the State Government] investment programme for Urban
Transport within the Urban Mobility Area prepared in conjunction with the
relevant Urban Transport agencies;
(v) “Urban Mobility Area” shall mean any area notified as an Urban Mobility Area
by the State Government in the official gazette for the purposes of this Act;
(w) “Urban Transport” with its all grammatical variations covers all aspects of
transport – infrastructure, facilities, vehicles and services available to the general
public in an Urban Mobility Area, including but not limited to private transport
vehicles and services; and all modes and means of transportation within the
categories specified under Schedule I.
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CHAPTER II
(1) The State Government may at any time after the commencement of this Act, by
notification in the Official Gazette, constitute a state level authority to be called
as the Madhya Pradesh Unified Metropolitan Transport Authority for the entire
State of Madhya Pradesh.
(2) The State Authority shall be a body corporate by the aforesaid name, shall have
perpetual succession and a common seal with power to enter into contracts and
to acquire, hold and dispose of property both movable and immovable and shall
by the said name sue and be sued. The State Authority may have a secretariat of
its own, supported by its staff, to be located at Bhopal.
(3) The State Authority shall consist of a Governing Board and an Executive Board.
The Governing Board of the State Authority may consist of members, namely:
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h) Minister in charge of the Home Department Member
i) Minister in charge of the Public Relations Member
Department
j) Chief Secretary, State Government of Madhya Member
Pradesh
k) Principal Secretary of the Department in which, Member Secretary
for the time being, the business relating to
Urban Development is transacted
(4) There shall be an Executive Board to assist the Governing Board in its
day to day affairs and may consist of the members, namely:
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k) Mayors of respective cities Member
l) Divisional Commissioners of respective cities Member
m) Commissioner, Urban Development & Member
Environment Department Secretary
(6) Only members shall have the right to vote in a meeting of the State Authority.
(7) The State Government may by notification omit any member of the State
Authority, appointed or nominated by the State Government. Such notification
shall be laid before the legislature of the State.
(8) No act or proceedings of the State Authority shall be invalid by reason of the
existence of the vacancy in or defect in the constitution of such Board.
(9) All decisions of the Authority shall be taken by building a consensus, and in case
no consensus is reached, the decisions would be taken by majority.
(1) The State Government may at any time after the commencement of this Act, by
notification in the Official Gazette, constitute a city level authority to assist the
State Authority, to be called as the Unified Metropolitan Transport Authority of
the Urban Mobility Area, as notified under Section 14.
(2) The City Authority shall be a body corporate by the aforesaid name, shall have
perpetual succession and a common seal with power to enter into contracts and
to acquire, hold and dispose of property both movable and immovable and shall
by the said name sue and be sued. The City Authority to have a secretariat of its
own, supported by its staff, located at such Urban Mobility Area.
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(3) Each city in the State, if deemed expedient by the State Government and notified in
the Official Gazette, shall have a City Authority of its own.
(4) The City Authority shall work and function under the supervision and control of the
State Authority in fulfilling the objectives of this Act and shall perform such functions
as the Act provides and shall exercise such powers as may be provided in this Act.
(5) The City Authority shall consist of a Governing Committee and an Executive
Committee. The Governing Committee may consist of members and invitees, namely:
b) Mayor Chairperson
d) Collector Member
2The District Collector to act as co-chairperson in case a city doesn’t have Divisional
Commissioner of its own.
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k) Madhya Pradesh Madhya Kshetra Vidyut Special Invitee
Vitaran Company Limited (MPMKVVCL)
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(6) The Executive Committee may consist of members and invitees, namely:
(7) Where a person becomes or is nominated as a Member of the City Authority by virtue
of holding any office or being a member of any other authority or any local authority,
corporation, council, board or body, he shall cease to be a Member of the City
Authority as soon as he ceases to be holder of that office or such member, as the case
may be.
(8) Only members shall have the right to vote in a meeting of the City Authority. No
Special Invitee as provided in foregoing sections shall have the right to cast vote. Such
invitees shall only have the right to attend such meetings and make their
representation to the City Authority.
(9) The State Government may by notification omit any member of the City Authority,
appointed or nominated by the State Government. Such notification shall be laid
before the legislature of the State.
(10) All decisions of the City Authority shall be taken by building a consensus, and in case
no consensus is reached, the decisions would be taken by majority.
(11) No act or proceedings of the City Authority shall be invalid by reason of the existence
of the vacancy in or defect in the constitution of such Committee.
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Section 5 Members not to have certain interest
No Member of the State Authority or the City Authority shall have any share
or interest, whether in his/her own name or otherwise, in any company or
body corporate or an association of persons (whether incorporated or not) or
a firm engaged in the business of Urban Transport. In case a Member of the
State Authority or City Authority acquires directly or indirectly or become
interested in any manner whether in his/her own name or otherwise, any
share or pecuniary or other interest in any contract, an arrangement or
proposal entered into, or proposed to be entered into by or on behalf of the
Authority, shall cease to be a Member of the State Authority or City Authority,
as the case may be.
Provided that, a Member shall not be deemed to have any such share or
interest, by reason only of his being a share holder of a public limited
company/concern in any such contract, loan, arrangement or proposal or that
he himself or any relation of his, employed by or on behalf of the State
Authority or City Authority as the case may be, or he has such share or interest
in his capacity as a Member of the such authority.
(1) The term of appointment, salary and allowances payable to, and the other
conditions of service of the Chairperson, Members and Special Invitees of the
State Authority and the City Authority shall be such as may be prescribed by
the Rules and Regulations made under this Act.
(2) The Chairperson and every Member shall, before entering upon his office,
make and subscribe to an oath of office and of secrecy in such form and in such
manner and before such authority as may be prescribed by the State
Government.
(3) In the event of the occurrence of a vacancy in the office of the Chairperson by
reason of his/her death, resignation or otherwise, the Member based on
hierarchy of appointment in the State Authority or City Authority, as provided
in Section 3 and Section 4 respectively, shall act as the Chairperson, until the
date on which a new Chairperson, appointed in accordance with the
provisions of this Act to fill such vacancy, enters upon his office.
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(4) When the Chairperson is unable to discharge his/her functions owing to
absence, illness or any other cause, the Member based on hierarchy of
appointment in the State Authority or the City Authority, as provided in
Section 3 shall discharge the functions of the Chairperson until the date on
which the Chairperson resumes the charge of his/her functions.
(5) The Chairperson or any Member ceasing to hold office as such shall not
represent any person engaged in the commercial business of Urban Transport
before the State Authority or City Authority, in any manner.
(1) Special Invitees in City Authority shall be appointed by the State Government
through a notification in official gazette on recommendations of the specific
departments in accordance with the Rules framed under this Act.
The Special Invitee may, by notice in writing under his/her hand addressed to the
State Government, resign his/her office:
PROVIDED that the Special Invitee shall, unless he/she is permitted by the State
Government to relinquish his/her office earlier, continue to hold office until the
expiry of three months from the date of receipt of such notice or until a person duly
appointed as his/her successor enters upon his/her office or until the expiry of
his/her term of office, whichever is the earliest.
(b) has been convicted of an offence which, in the opinion of the State
Government, involves moral turpitude; or
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(d) has so abused his position as to render his/her continuance in office
prejudicial to the public interest; or
PROVIDED that no Special Invitee as provided in this clause shall be removed from
office under clause (c) or clause (d) unless the State Government, after holding an
inquiry and providing a reasonable opportunity of hearing to the person removed
from the office of the Special Invitee in accordance with such procedure as may be
prescribed in this behalf, is satisfied that such person ought on such ground or
grounds to be removed from such office.
(b) has been convicted of an offence which, in the opinion of the Central
Government, involves moral turpitude; or
PROVIDED that no Special Invitee shall be removed from office under clause (d) or
clause (e) unless the Central Government, after holding an inquiry and providing a
reasonable opportunity of hearing to the person removed from the office of a Special
Invitee in accordance with such procedure as may be prescribed in this behalf, is
satisfied that such person ought on such ground or grounds to be removed from such
office.
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(4) If a casual vacancy occurs in the office of a nominated member, either by reason of
death, resignation, removal or otherwise, such vacancy shall be filled up, as soon as
may be, by the State Government and the nominated member will hold office only for
the remainder of the term for which the person whose place he/she fills would have
been a nominated member.
(1) The Chairperson of the State Authority or the City Authority as the case may
be, shall have the powers of general superintendence, direction and control in
respect of all administrative matters of the State Authority or the City
Authority:
PROVIDED that the Chairperson may delegate such of his/her powers relating to
administrative matters of the State Authority or City Authority, as he/she may think
fit, to any other Member or officer of the State Authority or City Authority.
(2) The Chairperson of the State Authority or City Authority, as the case may be,
shall have the power to cast his/her vote. The Chairperson shall also have a
casting vote in case of a dead lock on any matter.
(1) The State Authority shall have a secretariat supported by its staff of officers,
located at Bhopal.
(2) The State Authority shall be supported by a cell of experts in accordance with
the procedure and on terms and conditions as specified in Regulations, such
number of experts, professionals or cell of such experts or professionals, of
integrity, who have special knowledge of and experience in transport
planning, management, operations, economics, finance, engineering, urban
planning, environment planning, law, business or such other disciplines
related to Urban Transport, as it deems necessary to assist the State Authority
in the discharge of its functions.
(3) The State Authority may time to time engage such other officers or consultants
as it deems necessary for the due and proper execution of its functions under
this Act.
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(4) The salaries and allowances payable to and other terms and conditions of
service of the officers and employees of the State Authority shall be governed
by such conditions of services as may be determined by Regulations under this
Act.
(1) The City Authority shall have a secretariat supported by its staff of officers,
employees, professionals etc. within such Urban Mobility Area.
(2) The City Authority shall have a Chief Executive Officer who shall be appointed
by the Executive Committee in consultation with the Governing Committee,
and shall have the responsibility of implementation of the decisions of the City
Authorityand the general administration of the City Authorityas may be
prescribed by the Regulations or as delegated by the City Authority.
(3) There shall be a Chief Operating Officer to assist Chief Executive Officer of the
City Authority who shall be appointed by the Executive Committee of the City
Authority and shall have responsibility of implementation of the decisions of
the City Authority and general administration as may be prescribed by
Regulations or delegated by the City Authority.
(4) The City Authority shall be supported by a cell, in accordance with the
procedure and on terms and conditions specified by Regulations, such number
of experts, professionals or cell of such experts or professionals, of integrity,
who have special knowledge of and experience in transport planning,
management, operations, economics, finance, engineering, urban planning,
environment planning, law, business or such other disciplines related to Urban
Transport, as it deems necessary to assist the City Authorityin the discharge of
its functions.
(5) The City Authority may time to time engage such other officers or consultants
as it deems necessary for the due and proper execution of its functions under
this Act.
(6) The salaries and allowances payable to and other terms and conditions of
service of the Chief Executive Officer, Chief Operating Officer and other officers
and employees of the City Authorityshall be governed by such conditions of
services as may be determined by Regulations.
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(7) The Executive Committee may remove the Chief Executive Officer, officers of
the City Authority; as may be prescribed by the Regulations framed under this
Act.
(1) The State Authority shall meet at such times and places and shall observe such
procedure in regard to the transaction of business at its meetings (including
the quorum at its meetings) as may be prescribed in the Regulations framed
under this Act. Provided that the State Authority shall meet at least once in six
months.
(2) The Chairperson shall preside over the meetings of the State Authority.
(3) If for any reason the Chairperson is unable to attend any meeting of the State
Authority, a Member of the State Authority most senior in terms of the
hierarchy of appointment in the State Authority as provided in Section 3(3),
present at the meeting shall preside at the meeting.
(4) Subject to sub-section (1) of Section 8, all issues which come before any
meeting of the State Authority shall be taken by building a consensus, and in
case no consensus is reached, shall be decided by a majority. The Chairman of
the meeting shall have a casting vote.
(5) Every Member who in any way, whether directly, indirectly or personally, has
a conflict of interest relating to a matter to be decided at the meeting, shall
disclose the nature of his/her interest and after such disclosure, the Member
concerned or interested shall not attend that part of the meeting as it relates
to that subject.
(6) All orders and decisions of the State Authority shall be authenticated by the
Chairperson or any other officer of the State Authority duly authorized by the
Chairperson in this behalf.
(1) The City Authority shall meet at such times and places and shall observe such
procedures in regard to the transaction of business at its meetings (including
the quorum at its meetings) as may be prescribed in the Regulations framed
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under this Act. Provided that the City Authorityshall meet at least once in three
months.
(2) The Chairperson shall preside over the meetings of the City Authority.
(3) If for any reason the Chairperson is unable to attend any meeting of the City
Authority, a Member of the City Authority most senior in terms of the
hierarchy of appointment in the City Authority as provided in Section 4(5) or
4(6), as the case may be, present at the meeting shall preside at the meeting.
(4) Subject to sub-section (1) of Section 8, all issues which come before any
meeting of the City Authority shall be taken by building a consensus, and in
case no consensus is reached, shall be decided by a majority. The Chairperson
shall have a casting vote as prescribed by the Rules framed under this Act.
(5) Every Member who in any way, whether directly, indirectly or personally, has
a conflict of interest relating to a matter to be decided at the meeting, shall
disclose the nature of his/her interest and after such disclosure, the Member
concerned or interested shall not attend that part of the meeting as it relates
to that subject.
(6) All orders and decisions of the City Authority shall be authenticated by the
Chief Executive Officer or any other officer of the City Authorityduly
authorized by the Chairperson in this behalf.
(1) The State Authority or the City Authority may time to time appoint sub-
committees consisting of members it thinks fit and may associate with such
sub-committee in such manner and for such period as required, any experts
whose assistance or advice it may desire, and refer to such sub-committees for
inquiry and report, any subject relating to the purposes of this Act.
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(3) Every sub-committee appointed under sub-section (1) shall conform to any
instructions that may, time to time, be given to it by the State Authority or City
Authorityand the State Authority or the City Authoritymay at any time alter
the constitution of any sub-committee so appointed or rescind any such
appointment. The State Authority or the City Authorityshall nominate any one
of the members as the chairperson of every such sub-committee.
(4) The procedure to be followed by the sub-committees and all other matters
relating to the sub-committees shall be such as may be specified by
Regulations.
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CHAPTER III
DECLARATION OF URBAN MOBILITY AREA
(1) The State Government may, by notification in the Official Gazette, notify the
Urban Mobility Area time to time, by prescribing its territorial limit for the
purpose of applicability of this Act on such terms and conditions as deemed fit.
PROVIDED, however, that the State Government, may by notification include any area
within the Urban Mobility Area.
(2) A map showing the boundary of the Urban Mobility Area as declared under
this Section shall be published in at least two English and two vernacular
newspapers of the Urban Mobility Area and be advertised on the electronic
media within the Urban Mobility Area.
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CHAPTER IV
DUTIES, FUNCTIONS AND POWERS OF THE STATE AUTHORITY
(1) Notwithstanding anything contained in any other law for the time being in
force, and in particular, and without prejudice to the foregoing power, the
Governing Board functions include the following:
Identify needs d. Identify need for actions necessary to ensure sustainable public
transport and traffic in the State;
Any other task i. Any other work which the State Government may assign or the
Governing Board suo-moto identifies for the State for
sustainable Urban Transport system in the state.
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(2) The Governing Board may appoint any person/agency to perform any
activities and/or works mentioned in relation to its functions provided in sub-
section (1) above.
PROVIDED that such work or activities undertaken by any person or agency shall be
subject to such restrictions, limitations, and conditions as may be laid down by the
Governing Board, and shall also be subject to the supervision, control and revision by
the Governing Board of the State Authority.
(3) Subject to the provision of this Act, the Governing Board may time to time
incur expenditure and undertake works mentioned in sub-section (1) and (2)
in the State.
The Governing Board shall ensure effective implementation of this Act in State for the
purpose of this Act, and in this regard it shall also perform such functions and duties as the
State Government may prescribe.
(1) Notwithstanding anything contained in any other law for the time being in
force, and in particular, and without prejudice to the foregoing power, the
Executive Board’s functions include the following:
Assistance to c. Assist the Governing Board in discharging all its functions and
Governing duties under this Act;
Board
Standards and d. Publish and issue standards and guidelines relating to the
Guidelines development and operation of Urban Transport as approved by
the Governing Board;
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Propose other e. Propose/suggest any other function to Governing Board to
function ensure sustainability of public transport and traffic systems in
cities;
(2) The Executive Board may appoint any person/agency to perform any activities
and/or works mentioned in relation to its functions provided in sub -section
(1) above.
PROVIDED that such work or activities undertaken by any person or agency shall be
subject to such restrictions, limitations, and conditions as may be laid down by the
State Authority, and shall also be subject to the supervision, control and revision by
the State Authority.
(3) Subject to the provision of this Act, the Executive Board may time to time incur
expenditure and undertake works mentioned in sub-section (1) and (2) in the
State.
The Executive Board shall ensure effective implementation of this Act in State for the
purpose of this Act, and in this regard it shall also perform such functions and duties as the
State Government and the Governing Board of the State Authority may prescribe time to
time.
(1) Notwithstanding anything contained in any other law for the time being in force, with
a view to efficient execution of its functions as set forth in this Act, the Governing
Board shall have the powers to:
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Power to deal in b. Purchase, lease, hold, construct, manufacture, maintain, sell,
property dispose of, or otherwise deal any property whatsoever
(whether movable or immovable) or any part thereof required
for or in connection with implementation of objects and
purpose of this Act either in its name of the State Authority or
through City Authority;
(2) The exercise of powers by the Governing Board of the State Authority under sub-
clause (1) of Section 17 shall prevail over, and in the event of any conflict override,
any rules, regulations, orders, directions, notifications or any other actions under any
other law for the time being in force, that are inconsistent with such exercise of
powers by the Governing Board of the State Authority.
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Section 18 Powers of the Executive Board of the State Authority
(1) Notwithstanding anything contained in any other law for the time being in force, with
a view to efficient execution of its functions as set forth in this Act, the Executive
Board of the State Authority shall have the powers to:
(2) The exercise of powers by the Executive Board of the State Authority under sub-
clause (1) of Section 18 shall prevail over, and in the event of any conflict override,
any rules, regulations, orders, directions, notifications or any other actions under any
other law for the time being in force, that are inconsistent with such exe rcise of
powers by the Executive Board.
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CHAPTER V
DUTIES, FUNCTIONS AND POWERS OF THE CITY AUTHORITY
(1) Notwithstanding anything contained in any other law for the time being in
force, and in particular, and without prejudice to the foregoing power, the
Governing Committee’s functions include the following:
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Performance h. Prepare measures and publish service level benchmarks which
Indicators shall act as performance indicators for Urban Transport to
augment and in accordance with the service level benchmarks
published by the State Government/Ministry of Urban
Development;
Publication & i. Publication & display of information for the users of Urban
display of Transport within the Urban Mobility Area with a view to
information promote awareness on the integrated Urban Transport system;
Capacity k. Undertake activities for the purpose of capacity building and for
building advancing the skills of persons employed by the State Authority
and City Authority including the provision of facilities of
training, education and research;
Other necessary o. Other necessary works for making Urban Transport and traffic
works sustainable as mandated by the State Government/State
Authority.
(2) The Governing Committee of the City Authority may appoint any
person/agency to perform any activities and/or works mentioned in relation
to its functions provided in sub-section (1) above.
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PROVIDED that such work or activities undertaken by any person or agency shall be
subject to such restrictions, limitations, and conditions as may be laid down by the
Governing Committee of the City Authority, and shall also be subject to the
supervision, control and revision by the Governing Committee.
(3) Subject to the provision of this Act, the Governing Committee may time to time
incur expenditure and undertake works mentioned in sub-section (1) and (2)
in the Urban Mobility Area.
The Governing Committee shall ensure the effective implementation of this Act in Urban
Mobility Area notified for the purpose of this Act, and in this regard it shall also perform such
functions and duties as the State Government/State Authority may prescribe.
Section 20 Duties and functions of the Executive Committee of the City Authority
(1) Notwithstanding anything contained in any other law for the time being in
force, and in particular, and without prejudice to the foregoing power, the
Executive Committee’s functions include the following:
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Assistance to d. Provide assistance to Governing committee of City Authority
Governing in policy formulation and effective execution for Urban
Committee Transport systems;
PROVIDED that such work or activities undertaken by any person or agency shall be
subject to such restrictions, limitations, and conditions as may be laid down by the
Executive Committee, and shall also be subject to the supervision, control and
revision by the Executive Committee.
(3) Subject to the provision of this Act, the Executive Committee may time to time
incur expenditure and undertake works mentioned in sub-section (1) and (2)
in the Urban Mobility Area.
The Executive Committee shall ensure effective implementation of this Act in Urban Mobility
Area notified for the purpose of this Act, and in this regard it shall also perform such
functions and duties as the State Government/State Authority/Governing Committee of the
City Authority may prescribe time to time.
(1) Notwithstanding anything contained in any other law for the time being in force, with
a view to efficient execution of its functions as set forth in this Act, Governing
Committee of the City Authority shall have the powers to:
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kind in any form whatsoever, but subject to such powers of the
State Authority under Clause 1(a) of Section 17;
Fee, fare, charges h. Recommend, monitor and advise on levy of parking charges
etc. and fees for Urban Transport services and fares for public
transport may be prescribed time to time by relevant
authorities;
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Dispute j. Resolve disputes arising out of Urban Transport.
resolution
(2) The exercise of powers by the Governing Committee under sub-clause (1) of Section
21 shall prevail over, and in the event of any conflict override, any rules, reg ulations,
orders, directions, notifications or any other actions under any other law for the time
being in force, that are inconsistent with such exercise of powers by the City
Authority.
(1) Notwithstanding anything contained in any other law for the time being in force, with
a view to efficient execution of its functions as set forth in this Act, the City Authority
shall have the powers to:
To replace special b. Replace any existing special purpose vehicle in the Urban
purpose vehicle Mobility Area through legal recourses/modes including but
not limited to acquisition, amalgamation, merger, takeover,
change in management etc.
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(2) The exercise of powers by the Executive Committee under sub-clause (1) of Section
21 shall prevail over, and in the event of any conflict override, any rules, regulations,
orders, directions, notifications or any other actions under any other law for the time
being in force, that are inconsistent with such exercise of powers by the City
Authority.
Section 23 City Authority may give direction to the Urban Transport agencies
Such directions shall be binding on agencies and other departments under the
local and State Government, and shall override any contrary or conflicting
order, directions issued by any such agencies and departments.
(2) The City Authority shall take such measures as they may deem appropriate to
ensure implementation of the plan approved by the City Authority.
Subject to the Rules and Regulations prescribed under this Act, the Authority
may enter into contracts, agreements or arrangements with any person or
organization as the Authority may deem necessary for performing its
functions.
(1) The City Authority shall prepare a Comprehensive Mobility Plan divided in to
three parts (short, medium and long term plans) for the Urban Mobility Area
to ensure integrated, comprehensive and planned development of Urban
Transport in the Urban Mobility Area in conjunction with land use plan
applicable to the Urban Mobility Area, and such plan shall include but not
limited to:
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(i) Various types of infrastructure facilities and other works,
(ii) Various public modes of transport systems and services,
(iii) Procedures and processes to resolve any issues in relation to any
existing transport system or transport services being operated,
(iv) Mechanisms that will govern the implementation of such plans in
order to achieve the object and purpose of this Act; and
(v) Such other matters that may be necessary for the development and
implementation of such plans.
PROVIDED, however, in the event that there is any other authority and/or committee
constituted under any any other law for the time being in force which formulates,
develops or implements any plan, or scheme in relation to Urban Transport within
the Urban Mobility Area, then in such circumstances, the City Authority shall
discharge its functions under this Section 25 in consultation with such authority.
(2) Before submitting any plan for approval to the State Authority as provided
under this Act, the City Authority shall make a copy of the draft plan available
for inspection, and publish a notice in such form and manner as may be
prescribed by Regulations made in this behalf inviting objections and
suggestions from any person with respect to the draft plan befor e such date as
maybe specified in the notice, subject to a maximum time period of [two
months] from the date of publication of the notice. The City Authority shall
after giving adequate opportunity, as the City Authority may deem
appropriate, to the concerned persons of being heard and after considering
the suggestions, objections and representations, if any, modify the draft plan,
if necessary.
(3) After modification of any plan based on comments received, the City Authority
shall submit such plans to the State Authority for approval and the Authority
may either approve the plan without modifications or with such modifications
as it may consider necessary, or reject the plan, with directions to the City
Authority to prepare a new plan based on recommendation issued by the State
Authority in relation thereof.
(4) The City Authority shall publish and publicize all plans approved by the State
Government as provided in sub-clause (3) above amongst stakeholders as may
be prescribed.
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Section 26 Appeals
1. Any person aggrieved by the decision of the City Authority under Section 21(1) (c) or
by a decision under Section 21(1) (e) may, within the prescribed time and manner,
file an appeal to the State Authority. Appeal shall be disposed-off by the State
Authority after providing opportunity of hearing to the appellant in accordance with
the Rules famed under this Act.
2. Any person aggrieved by the decision of the State Authority under sub-section (1)
may, within the prescribed time and manner, file an appeal to Madhya Pradesh
Unified Metropolitan Transport Appellate Tribunal constituted under sub-section
(3), who shall, after giving such person and the original authority an opportunity
of being heard, give a decision thereon which shall be final.
3. The State Government shall constitute for the State, Madhya Pradesh
Transport Appellate Tribunal(Appellate Tribunal) which shall consist of a judicial
officer who is not below the rank of a District Judge, or who is qualified to be a Judge
of a High Court:
Section 27 Revision
The Madhya Pradesh Unified Metropolitan Transport Appellate Tribunal(Appellate
Tribunal)may, on an application made to it, call for the record of any matter in
which an order has been made by State Authority or the City Authority or any officer
or committee appointed under the Act, against which no appeal lies, and if it appears
to the Appellate Tribunal that the order made by the State Authority or the City
Authority or officer or committee appointed under the Act is improper or illegal, the
Appellate Tribunal may pass such order in relation to the case as it deems fit and
every such order shall be final:
Provided that the Appellate Tribunal shall not entertain any application from a
person aggrieved by an order of State Authority or any officer or committee
appointed under the Act, unless the application is made within thirty days from the
date of the order:
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Provided further that the Appellate Tribunal may entertain the application after the
expiry of the said period of thirty days, if it is satisfied that the applicant was
prevented by good and sufficient cause from making the application in time: Provided
also that the Appellate Tribunal shall not pass an order under this Section prejudicial
to any person without giving him a reasonable opportunity of being heard.
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CHAPTER VI
DEDICATED URBAN TRANSPORT FUND (DUTF)
(1) The State Authority shall establish a fund to be known as “State – Dedicated
Urban Transport Fund” (S-DUTF), for the purpose of implementation of the
Act, and shall comprise of the following:
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(i) Part of any grant and fund received through allocations
(including budgetary allocations) by the State Government.
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(vi) Part of the funds in the form of earmarked [ ] % of cess on diesel
from Central Road Fund, as received and further decided by the
State Government;
(2) The monies and revenues accumulated in the S-DUTF shall be used for the
purposes as indicated in the Act which shall include, but are not limited to
funding the following activities:
(a) Operations of the State Authority, including payments for its staff and
employees whether permanent or contractual, according to Rules and
Regulations made under this Act;
(b) Allocating fund to City Authority for the development under C-DUTF
and to achieve the objectives of this Act;
(3) The State Authority shall create sub-funds as required to ensure that the
objects and the purposes of the Act are achieved in an effective manner;
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(4) The State Authority shall carry out the management of the S-DUTF either on
its own or through an authorized representative;
(5) The State Authority shall formulate Regulations for working and
administration and management of the funds;
(7) The State Authority shall keep its fund in any of the Scheduled Banks; and
(8) The State Authority may invest any portion of its fund in such securities or in
such other manner and for such time as may be prescribed.
(1) The City Authority shall establish a fund to be known as “City - Dedicated
Urban Transport Fund” (C-DUTF), for the purpose of implementation of
the Act in Urban Mobility Area, and shall comprise of the following:
(b) Revenue from other sources collected at the city level shall be deposited
into the C-DUTF Account:
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carried out by the existing municipal corporation and other public
sector agencies and funds collected by such cess may be transferred
to C-DUTF after deducting the expenses of collection;
(2) The monies and revenues accumulated in the C-DUTF shall be used for the
purposes as indicated in the Act which shall include, but are not limited to
funding the following activities:
(a) Operations of the City Authority, including payments for its staff and
employees whether permanent or contractual, according to Rules and
Regulations made under this Act;
(3) The City Authority shall create sub-funds as required to ensure that the
objects and the purposes of the Act are achieved in an effective manner;
(4) The City Authority shall carry out the management of the C-DUTF either
on its own or through an authorized representative;
(5) The City Authority shall formulate Regulations for administration and
management of the funds;
(6) The City Authority shall prepare Transport Investment Programme for
Urban Transport in the Urban Mobility Area;
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(7) The City Authority shall keep its fund in any of the Scheduled Bank; and
(8) The City Authority may invest any portion of its fund in such securities or
in such other manner and for such time as may be prescribed.
Section 30 Grants and Loans by the Government
The Central Government or the State Government may make such grants,
advances and loans to the State Authority or the City Authority as deemed
necessary for the performance of the functions under this Act and all grants,
loans and advances so made shall be on such terms and conditions, as may be
determined by such Government making grants, advances or loans.
All payments due from the State Authority or the City Authority on account of
interest on loans or the repayment of loans shall be made in priority out of all
other dues from the State Authority or the City Authority.
(1) The State Authority/the City Authority may raise finance or debt for the
effective implementation of the objects and purpose of the Act through loans
or debentures or issuing bonds from such sources (other than the State and
the Central Government) and on such terms and conditions as may be
approved by the State Government.
(2) The State Government may guarantee, in such manner as it thinks fit, the
repayment of the principal and the payment of interest thereon with respect
to the loans borrowed by the State Authority or City Authority under sub-
section (1).
Section 33 Grants and Loans by the State Authority and City Authority
The State Authority or City Authority may make such grants, advances and
loans to any such persons dealing in Urban Transport within the Urban
Mobility Area when deemed necessary and all grants, loans and advances so
made shall be on such terms and conditions, as may be determined by such
authority making grants, advances or loans.
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Section 34 Comprehensive Debt Limitation Policy
(1) The State Authority and City Authority shall maintain their sinking funds for
re-payment of moneys borrowed under Section 29, and shall pay every year
into the sinking fund such sum as may be sufficient for re-payment within the
period fixed of all moneys so borrowed.
(2) The sinking funds or part thereof shall be applied in or towards the discharge
of the loans for which such fund was credited, and until such loan is wholly
discharged it shall not be applied for any other purpose.
(1) The State Authority and the City Authority shall prepare every year, in such
from and at such time, as may be prescribed by Rules, a budget in respect of
the financial year next ensuing showing the estimated receipts and
expenditure of the State Authority and the City Authority and the State
Authority shall forward to the State Government, and City Authority to the
State Authority, such number of copies thereof as may be prescribed by Rules.
(2) The Budget prepared by the State Authority and the City Authority, in so far as
it does not require any revenue contribution from the State Government, shall
be final and can be adopted by the State Authority and the City Authority
without the need for any prior approval of the State Government. However,
the budget prepared by the State Authority and the City Authority, to the
extent that is requires any revenue contribution from the State Government,
would be subject to the final approval from the State Government and be
subject to such change or terms and conditions as the State Government may
prescribe in this regard.
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Section 37 Audit
(1) The accounts of the State Authority and the City Authority shall be subject to
audit annually by the Accountant General of the State and any expenditure
incurred by him/her in connection with such audit shall be payable by the
State Authority and the City Authority to the Accountant General. The
Accountant General or any person appointed by him/her in connection with
the audit of accounts of the State Authority and the City Authority shall have
the same right, privilege and authority in connection with such audit as the
Accountant General has in connection with the audit of the Government
accounts, and in particular shall have the right to demand the production of
books, accounts, connected vouchers and other documents and papers.
(2) A copy of the audit report shall be submitted to the State Government, the State
Authority and any other relevant person or authority specified by the State
Government.
(1) The State Authority and the City Authority shall prepare for every year a
report of its activities during that year and submit the report to the State
Government in such form and on or before such date as may be prescribed by
the Rules.
(2) The State Authority and the City Authority shall at the end of each financial
year submit an audited annual Statement to the State Government include but
not limited to the following:
(c) mode of repayment including the amount that has been earmarked for
the Sinking Fund;
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Section 39 Returns
The State Authority and the City Authority shall furnish to the State
Government such reports, returns and other information as that State
Government may time to time require.
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CHAPTER VII
OFFENCES AND PENALTIES
Section 40 Penalty for failure to comply with Rules, Regulations, orders and
directions
If any person fails to comply with the Rules, Regulations, orders or directions
issued/notified under this Act, he shall be punishable with a fine up to Rs. [ ]
and a second or subsequent violation, non-compliance with fine up to Rs. [ ]
and in the case of continuing violation, non-compliance with additional fine up
to Rs. [ ] for each day during which the violation, non-compliance continues.
PROVIDED, however, that nothing contained in this sub-section shall render any such
person liable to any punishment provided under this Act if he proves that the violation,
non-compliance was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such default or contravention.
(a) "company" shall mean a body corporate and includes a firm or other
association of individuals; and
(b) "director" in relation to a firm shall mean partner in the firm.
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Section 42 Fines when realized to be vested in the Authority
The proceeds of all fines realized in connection with this Act shall vest in the
State Authority with a right to appropriate such realized fine as may be
prescribed.
The penalties imposed under this Act shall be in addition to, and not in
derogation of, any liability in respect of payment of compensation, which the
offender may have incurred.
No court shall take cognizance of any offence punishable under this Act or the
Rules or Regulations made under this Act save on a complaint made by the
State Government or the State Authority/City Authority.
The provisions of this Chapter shall be in addition to, and not in derogation of,
the provisions in any other law, for the time being in force.
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CHAPTER VIII
MISCELLANEOUS
No suit, prosecution or other legal proceedings shall lie against the State
Government, the State Authority or City Authority or any officer of the State
Government or any Member, officer or other employees of the State Authority
or City Authority for anything which is in good faith done or intended to be
done under this Act or the Rules or Regulations made under it.
Any penalty payable by a person under this Act, if not paid, may be recovered
as if it were an arrear of land revenue.
Every notice order or other document required by this Act or any Rule or
Regulation made under this Act shall be signed by the Chairperson of the
Executive Board in case of the State Authority or Chief Executive Officer in case
of the City Authority with its common seal and shall be deemed to have been
duly served upon the party or parties concerned if the service has been
effected in anyone of the following manners:-
(i) by personal service;
(ii) by registered post.
(iii) by affixing it at the house or principal place of business of the party
concerned as the case may be.
(iv) by publication in one prominent [local language], Hindi and one English
daily news-paper published within the area of the Authority in their
two consecutive issues:
Provided that-
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discretion and it shall then be deemed to have been duly served on each director
partner or member of the said firm or organization;
(b) in the case the party to served is a minor or a lunatic it shall be served upon
his/her guardian as determined by the Chairperson of the Executive Board or
the Chief Executive Officer in his/her discretion;
(c) the manner of service mentioned either in sub-clause (iii) or sub-clause (iv)
above shall be resorted to only after attempt at service either under sub-clause
(i) or sub-clause (ii) has failed.
Every public notice given under this Act shall be in writing under the signature
of the Chairperson of the Executive Board or the Chief Executive Officer with
its common seal and shall be caused to be widely known in the locality affected
thereby affixing copies thereof at conspicuous public places within the said
locality and by publishing the same in one prominent Local, English and one
Hindi daily newspaper in their three consecutive issues.
Where any notice, order or other document issued or made under this Act or
any Rule or Regulation made there under requires anything to be done for the
doing of which no time has been fixed in this Act or the Rule or Regulation, the
notice, order or other document shall specify a time not less than one week for
doing the same.
All permissions, orders, decisions, notices and other documents of the State
Authority/City Authority shall be authenticated by the signature of the
Chairperson of the Executive Board in case of State Authority or any other
officer authorized by the State Authority and in case of City Authority by the
Chief Executive Officer or any other officer nominated by the City Authority in
this behalf.
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Section 52 Members and officers to be public servants
Every member and every officer and other employee of the State Authority
and the City Authority shall be deemed to be a public servant within the
meaning of Section 21 of the Indian Penal Code (45 of 1860).
The State Authority may, by notification in the Official Gazette, declare that any
power exercisable by it or any of its officers under this Act, except the power
to make Regulations, may also be exercised by such officer or local authority
or the Committee constituted under this Act as may be mentioned therein in
such cases and subject to such conditions, if any, as may be specified therein.
(1) The provisions of this Act, and the Rules and Regulations made under this Act
shall have effect notwithstanding anything inconsistent therewith contained
in any other law.
Notwithstanding anything contained in any law for the time being in force, no
rules, regulation or bye-law which is inconsistent with any provision of the Act
or any Rule or Regulation made under it shall be applicable within the area
notified under sub-Section (2) of Section 1 of this Act.
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Section 57 Notice to be given to sue
(1) No suit shall be instituted against the State Authority or City Authority or any
member thereof or any of its officers or other employees or any person acting
under the directions of the State Authority or City Authority or any member or
any officer or other employee of the State Authority or City Authority in
respect of any Act in purporting to have been done in pursuance of this Act or
any Rule or Regulation made under it till the expiration of two months from
the date on which notice in writing has been in the case of the State Authority
or City Authority, left at the office or place of abode, of the person to be and
unless such notice states explicitly the cause of act in, the nature of, relief
sought, the amount of compensation claimed and the name and place of
residence of the intending plaintiff and unless the plaint contains a statement
that such notice has been so left or delivered.
(2) No suit such as is described in sub-section (1) shall unless it is a suit for
recovery of immovable property or for a declaration of title thereto, be
instituted after the expiry of six months from the date on which the cause of
action arises.
(1) The State Government may, by notification in the Official Gazette, and subject
to the condition of previous publication make Rules in consultation with the
State Authority or City Authority, to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such Rules may
provide for all or any of the following matters :
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the preparation, submission and approval of such plans and the form,
and the manner of publication of the notice relating to such plan;
(c) the form and manner in which notices given under this Act shall be
published;
(d) the procedure to be followed for borrowing moneys by way of loans or
debenture and their repayment ;
(e) the form of the budget of the State Authority or/and City Authority and
the manner of preparing the same;
(f) the form of the balance-sheet and statement of accounts;
(g) the form of the annual report and the date on or before which it shall
be submitted to the State Government;
(h) the manner of constitution of the pension funds and provident funds
for members and officers and other employees of the State Authority
or/and City Authority and the conditions subject to which such funds
may be constituted;
(i) Any other matter which is required to be or may be prescribed by
Rules.
(3) The Rules framed under this Act shall be laid before the state legislative
assembly within a period of three months for the information.
The State Authority and the City Authority may make Regulations consistent
with this Act and the Rules made under it to carry out the purpose of this Act,
and without prejudice to the generality of the foregoing power, such
Regulations may be provided for:
(a) the summoning and holding of meetings of the State Authority or City
Authority, the time and place where such meetings are to be held, the
conduct of business at such meetings and number of members necessary
to form a quorum thereat;
(b) the summoning and holding of meetings of the committee constituted
under Section 11 and 12, the time and place where such meetings are to be
held, the number of members necessary to from a quorum thereat and the
fees and allowances payable to the members for attending the meetings or
any other work of the State Authority;
(c) The organizational structure and the creation of posts in the State
Authority and City Authority;
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(d) the powers and duties of the officers of the State Authority and City
Authority;
(e) the salaries, allowances, gratuities and conditions of service of the officers
and employees of the State Authority and City Authority and disciplinary
matters relating to them;
(f) the procedure for carrying out of the functions of the State Authority and
City Authority, including what is to be outsourced and what is to be carried
out in-house;
(g) the manner of communicating the grounds of refusal of permission for
development;
(h) the management of the properties of the State Authority and City
Authority;
(i) the appointment of sub-committees and the remuneration/ compensation
to be paid, if any
(j) the manner and purpose for appointment of consultants and temporary by
the State Authority or City Authority;
(k) the control and restrictions in appointment of officers and other
employees, and powers and duties of such officers and other employees;
(l) the functioning of sub-committee(s);
(m) the procedure to be followed by the State Authority for granting loans and
its repayment;
(n) Any other matter which is required to be, or be prescribed by Regulations.
(1) Without prejudice to the foregoing provisions of this Act, the State Authority
or City Authority shall, in exercise of its powers or the performance of its
functions under this Act, be bound by such directions on questions of policy,
other than those relating to technical and administrative matters, as the State
Government may give in writing to it time to time:
PROVIDED however, that the State Authority or City Authority shall, as far as
practicable, be given an opportunity to express its views before any direction is given
under this sub-section.
(2) The decision of the State Government whether a question is one of policy or
not under sub-section (1) shall be final.
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(3) In the event that there is any dispute between the State Authority or City
Authority and the other authorities, local bodies, body corporate, department
or other agencies of the State Government, the matter shall be resolved at the
State Government level and the decision of the State Government shall be final
and binding on the parties involved in such dispute.
PROVIDED, however, that the State Government shall not pass an order in relation to
any dispute between the State Authority or City Authority and the other authorities,
local bodies, body corporate, department or other agencies of the State Government
without affording such persons or body an opportunity of being heard or offering
explanation.
If any difficulty arises in giving effect to the provisions of this Act, the State
Government may, by notified order, not inconsistent with the provisions of
this Act, remove the difficulty within a period of five years from the date of
notification under sub-section (2) of Section 1 of this Act.
With effect from such date as the State Government may, by notification,
appoint, any matter related to Urban Transport as specified under this Act,
shall be not be covered under the enactments specified in the Schedule II in a
manner specified therein and instead shall be exclusively covered under this
Act.
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SCHEDULE I
Urban Transport
Urban Transport consists of modes of transport ranging from walking and bicycle to
bus, metro and regional rail systems, intelligent transport systems of all kinds and
roadways/private vehicles in Urban Mobility Areas. This would include various types
of collective and individual transport which fall into the following functional
categories:
1. Public Transportation: includes systems that are available for use by all persons
who pay the established fare. These modes operate on fixed routes and with fixed
schedule within the Urban Mobility Area, include
(a) Bus Systems
(b) Tramways
(c) Metro Railway
(d) Mono-Rail
(e) Cable car
(f) Bus Rapid Transit System (BRTS)
(g) Light Rail Transit (LRT)
(h) Regional Railways OR
(i) Any other mode irrespective of its fuel and propulsion type which meet the
requirements of above definition
2. Para Transit4 : includes systems provided by operators within urban area and
available to person(s) which hire them for individual and multiple trips and/or do
not operate on a fixed schedule with fixed stops such as
(a) Autos/ Shared autos/ vans/Tempos
(b) Taxi Cabs, Hire a cab OR
(c) Any other mode irrespective of its fuel and propulsion type which meet the
requirements of above definition
4Definitionadopted from Vuchik, Vukan R (2007). Urban Transit Systems and Techno logy.
5Definitionadopted from Working group report on urban transport for 12th Five Year Plan,
Planning Commission
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4. Urban Freight6 : The movement of freight vehicles whose primary purpose is to
carry goods/ freight into, out of and within Urban Mobility Areas.
8. Urban Roads
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SCHEDULE II
(Refer to Section 63)
AMENDMENT OF ENACTMENTS7
59