The Andhra Pradesh Municipal Tramways (Construction, Operation and Maintenance) Act, 2008.

THE ANDHRA PRADESH MUNICIPAL TRAMWAYS (CONSTRUCTION,
OPERATION AND MAINTENANCE) ACT, 2008
(ACT No. 38 OF 2008)
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
CHAPTER - II
Grant of Rights, Functions and Powers of the Tramway Operator
3. Application for operating system
4. Procedure for making order on application
5. Power of the State Government to enter into agreement for development,
construction, management, operation and maintenance of tramway system
6. Authorisation for construction and operation of tramway system
7. Contents of order or agreement
8. Amendment of orders and agreement
9. Lease of land
10. Vesting of assets and liabilities of tramway system
11. Power of Tramway Operator to Sub-contract
12. Functions of tramway operator
13. Power of the State Government to direct grant of licenses etc., to the
      tramway operator
14. Cessation of powers given by an order or agreement
15. Transfer of rights and obligations
CHAPTER - III
Construction, Operation and Maintenance of Tramways
16. Mode of construction of tramway
17. Powers of tramway operator in relation to the construction and
maintenance of tramway system
18. Power to underpin building or otherwise strengthen it
19. Power to enter for inspection, measurement etc.,
20. Amount payable for damage, loss or injury
21. Period for claim of damages
22. Prohibition of removal of marks
23. Inspection of tramway before opening
24. Certificate of fitness for the opening of tramway system
25. Opening of certain works
26. Use of rolling stock
27. Carriage of Dangerous or offensive goods
28. Right to display commercial advertisements on tramway system or on
tramway system premises
29. Power to remove persons from tramway
CHAPTER - IV
Tramway System Safety
30. Commissioner of tramway system safety
31. Powers of the Safety Commissioner
32. Facilities to be provided to the Safety Commissioner
33. Standards for Safety of Tramway system and its users
34. Annual safety report of Safety Commissioner
CHAPTER - V
Fare
35. Fares leviable by tramway operator
36. Constitution of Fare Fixation Committee
CHAPTER VI
Accidents
37. Notice of tramway system accident
CHAPTER VII
Claims Commissioner
38. Claims Commissioner
39. Procedure followed by Claims Commissioner
40. Decision of Claims Commissioner
41. Savings as to certain rights
CHAPTER - VIII
Liability Due to Accidents
42. Extent of liability
43. Application for compensation
CHAPTER - IX
Offences and Penalties
44. Drunkenness or nuisance on tramway system
45. Penalty for taking or causing to offensive material upon tramway system
46. Penalty for taking or causing to take dangerous material upon tramway
     system
47. Prohibition of demonstrations upon tramway system
48. Penalty for travelling on roof, etc., of a tramway
49. Penalty for unlawfully entering or remaining upon tramway system or
walking on tramway system track
50. Endangering the safety of passengers by tramway official
51. Abandoning tramway etc., without authority
52. Obstructing running of tramways etc
53. Obstructing tramway official in his duties
54. Travelling without proper pass or ticket or beyond authorized distance
55. Interference with means of communication in a tramway
56. Altering or defacing or counterfeiting pass or ticket
57. Defacing public notices
58. Any sale of articles on tramway system premises
59. Maliciously wrecking a tramway or causing sabotage
60. Penalty for unauthorized sale of pass or ticket
61. Maliciously hurting or attempting to hurt persons travelling by tramway
system
62. Endangering safety of persons travelling by tramway system by rash or
negligent act or omission
63. Damage to or destruction of certain tramway system properties
64. Endangering the safety of persons travelling by tramway by unlawful act or
willful omission
65. Penalty for making a false claim for compensation
66. Offences by companies
67. Arrest of person without warrant
68. Prohibition against travelling of persons suffering from infectious or
contagious diseases and powers to remove them
CHAPTER - XII
Miscellaneous
69. Protection of action taken in good faith
70. Officials of tramway operator to be public servants
71. Procedure for summary delivery to the tramway operator of property
detained by a tramway official
72. Proof of entries in records and documents
73. Service of notice, etc., on the tramway operator
74. Service of notices by the tramway operator
75. Representation of the tramway operator
76. Appointment of Security Staff
77. Taxation on tramway system by local authorities
78. Delegation of powers
79. Power to remove difficulties
80. Effect of the Act and rules etc., inconsistent with other enactments
81. Power to make rules
82. Power of the tramway operator to make regulations
83. Vesting of property on Government
84. Repeal of Ordinance 5 of 2008
THE ANDHRA PRADESH MUNICIPAL TRAMWAYS (CONSTRUCTION,
OPERATION AND MAINTENANCE) ACT, 2008
(ACT No. 38 OF 2008)
[29th September, 2008]
AN ACT TO PROVIDE FOR THE DEVELOPMENT, CONSTRUCTION,
MANAGEMENT, OPERATION AND MAINTENANCE OF MASS RAPID
TRANSIT SYSTEM, AND TO REGULATE THE WORKING AND
COMMERCIAL EXPLOITATION OF REAL ESTATE FORMING PART OF
SUCH MASS RAPID TRANSIT SYSTEM IN MUNICIPAL AREAS IN THE
STATE OF ANDHRA PRADESH AND FOR MATTERS CONNECTED
THEREWITH AND INCIDENTAL THERETO.
Be it enacted by the Legislature of the State of Andhra Pradesh in the Fifty-
ninth Year of the Republic of India as follows:
 CHAPTER - I
Preliminary
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Municipal Tramways (Construction, Operation and
Maintenance) Act, 2008.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on the 30th June, 2008.
2. Definitions - In this Act, unless the context or subject otherwise requires
(1) "agreement" means an agreement entered into between the State
Government and any person under section 5 for the development,
construction, management, operation and maintenance of a tramway system in
a municipal area and includes any subsequent agreement amending, varying,
extending or substituting that agreement;
(2) "carriage" means, a carriage or coach (whether powered or not)
utilized for carrying passengers, or luggage in a tramway system;
(3) "claims commissioner" means a claims commissioner appointed
under section 38;
(4) "company" means a company as defined in Section 3 of the
Companies Act, 1956 ( Central Act No.1 of 1956);
(5) "electric line" shall have the meaning assigned to it under Clause
(20) of section 2 of the Indian Electricity Act, 2003 (Central Act No. 36 of 2003);
(6) "fare" means the charges levied for the carriage of passengers or
luggage on a tramway and includes charges levied for provision of any services
or facilities provided by the tramway operator under and in accordance with
the order or the agreement, as the case may be;
(7) "land" includes benefits to arise out of land, things attached to the
earth or permanently fastened to anything attached to the earth and any right
or interest in any land;
(8) "local authority" means a municipal corporation, municipal council,
or other authority constituted or continued under any law for the time being in
force for a municipal area;
(9) "luggage" means baggage of a passenger carried by him; or entrusted
to the tramway operator for carriage;
(10) "municipal area" means the area comprised in the boundaries of a
local authority;
(11) "Notification" means a notification published in the Andhra
Pradesh Gazette and the work "notified" shall be construed accordingly;
(12) "order" means an order made by the State Government under sub-
section (3) of section 4, and published in the Andhra Pradesh Gazette as
required under sub-section (4) thereof, granting to a local authority, other
authority, government company, agency or body of the State Government, the
right and authorization to develop, construct, manage, operate and maintain a
tramway system in a municipal area and includes any subsequent order
amending, varying, extending or substituting that order;
(13) "pass" means an authority given by the tramway operator or by an
officer appointed by the tramway operator, to a person allowing him to travel as
a passenger on the tramway but does not include a ticket;
(14) "passenger" means a person travelling on a tramway with a pass or
ticket;
(15) "person" includes a local authority or statutory or other authority,
a company including a government company, a department or other agency of
the state government or a corporation or body constituted under any law for
the time being in force in the State of Andhra Pradesh.
(16) "prescribed" means prescribed by rules made under this Act;
(17) "railway" shall have the meaning assigned to it in Clause (31) of
section 2 of the Railways Act, 1989(Central Act No.24 of 1989);
(18) "Safety Commissioner" means the commissioner of tramway
systems safety appointed under section 30;
(19) "State Government" means the Government of Andhra Pradesh;
(20) "telegraph line" shall have the meaning assigned to it in Clause (4)
of section 3 of the Indian Telegraph Act, 1885 (Central Act No.13 of 1885);
(21) "tramway" or "tramways" including "rolling stock" means any
carriages, coaches, wagons and trolleys (whether powered or not), and engines,
and vehicles of all kinds or any combination thereof operating on a tramway
system and includes all mechanical, internal combustion or other devices for
propulsion thereof on a tramway system;
(22) "tramway official" means any person employed by the tramway
operator in connection with the services of a tramway system or authorized by
the tramway operator to act as a tramway official, whether or not employed by
the tramway operator;
(23) "tramway operator" means the local authority or any other person
who is granted by an order or under an agreement, as the case may be, the
right to develop, construct, manage, operate and maintain a tramway system in
a municipal area;
(24) "tramway station" includes a regular stopping place on the
tramway system meant for boarding, and alighting of passengers from the
tramways and/ or provision of other passenger facilities;
(25) "tramway system" means a guided mass rapid transit system
having one, two or more rails or guide ways or a dedicated right-of-way with
carriages or coaches having steel flange-wheels or rubber-tyred wheels or any
other wheels or systems to operate on the rails or guide ways or dedicated
right-of-way and includes monorail, sky train, sky bus and maglev, but
excludes suburban and other rail lines which are governed by the Railways Act,
1989 (Central Act No.24 of 1989), for carriage of passengers and luggage within
a municipal area and includes:-
(a) all land within the boundary marks indicating the limits of the
land appurtenant to any tramway system;
(b) any part of a tramway system, or any sidling, turnout,
connection, line or track belonging to a tramway system;
(c) all tramway stations, offices, ventilation shafts and ducts,
warehouses, workshops, factories, fixed plants and machineries,
sheds, depots, communication lines and equipments, electrical
equipments, electric lines transmitting power to the tramway
system from a generating station, or grid substations of the local
utility agency to the tramway system, either directly or through a
sub-station and other works or facilities constructed for the
purpose of, or in connection with the tramway system including
the systems for provision of communication and transportation
services;
(26) "tramway system alignment" in relation to any municipal area
means such alignment of the tramway system as has been notified by the State
Government for construction of the tramway system;
(27) "tramway system premises" means any area, space or building
occupied by the tramway system, and includes the area below the tramway
system and air space above the tramway system, which is designed, equipped
and set apart for the provision of any services in relation to the tramway
system, whether or not such area, space or building is owned by the tramway
operator:
(28) "tramway undertaking" includes all properties, move able and
immoveable, located on or within the tramway system premises and includes
the tramway system rails, guide ways, dedicated rights of way, elevated
structures, tunnels, sub-way box-structures, over-bridges, under bridges,
station buildings and installations, carriages, and other rolling stock,
signalling, telecommunication, air-conditioning and ventilation equipments,
power transmission system including electrical sub-stations, drainage pumps,
escalators, lifts, stairs, lighting installations, depots, workshops, ticket vending
machines, ticket barriers, electric traction and related equipments, and such
other properties as the state government may specify but excludes public
roads.
CHAPTER - II
Grant of Rights, Functions and Powers of the Tramway Operator
3. Application for operating system - (1) A local authority in respect of a
Municipal area within its jurisdiction or any other authority, agency or body of
the State Government or a Government company may make an application for
the development, construction, management, operation and maintenance of a
tramway system in a municipal area.
(2) A local authority or any other authority agency or body of the State
Government or a Government company, as the case may be, shall not make an
application or an Order, unless the making of such application has been
approved in the manner prescribed.
(3) Notwithstanding anything contained in sub-section (1) or sub-section
(2), the State Government may on its own motion or on an application or
otherwise, by an order in writing, require a local authority or any other
authority, a Government company or an agency or body of the State
Government to make an application for development, construction,
management, operation and maintenance of a tramway system in a municipal
area.
4. Procedure for making order on application - (1) On receiving an
application under section 3, if the State Government is satisfied as to the
propriety and necessity of proceeding thereon, publish a notice in such manner
and containing such information as may be prescribed, together with the draft
of a proposed order authorising the development, construction, management,
operation and maintenance of the tramway system in a municipal area.
(2) A notice under sub-section (1) above shall state that any objections or
suggestions which any person may desire to make with respect to the proposed
order, if submitted to the Government on or before the date to be specified in
such notice, will be considered.
(3) If after considering objections or suggestions, if any, which may have
been made with respect to the draft order on or before the date specified in the
notice published pursuant to sub-section (1), the State Government is of the
opinion that the order should be made, with or without addition or
modification or subject or not to any restriction or condition, it may make an
order accordingly.
(4) Every order authorizing the development, construction, management,
operation and maintenance of a tramway system shall be published in the
Andhra Pradesh Gazette and such publication shall be conclusive proof that
the order has been made as required by this section.
5. Power of the State Government to enter into agreement for
development, construction, management, operation and maintenance of
tramway system - Notwithstanding anything contained in this Act,- (1) the
State Government may enter into an agreement or other arrangement (whether
by way of partnership, joint venture or in any other manner) in writing, with
any person selected through open competitive bidding or otherwise for grant of
concession to develop, construct, manage, operate and maintain a tramway
system for any Municipal area on build, own, operate and transfer or any other
basis and on such other terms and conditions as may be agreed upon or
prescribed by the State Government;
(2) the tramway operator appointed pursuant to an agreement referred to
in sub-section (1) is entitled to collect and retain fare, subject to the provisions
of the agreement for services or benefits rendered by him, at such rate as the
State Government may, by notification, in the official Gazette, specify subject,
however, to the rules that may be made in this behalf.
6. Authorisation for construction and operation of tramway system - (1)
the order or the agreement, as the case may be, shall upon its coming into
force and effect, entitle the person authorized thereunder to develop, construct,
manage, operate and maintain the tramway system subject to the terms and
conditions set forth therein and to all applicable laws and regulations. The
person so authorized by the order or under the agreement, as the case may be
shall, upon it coming into force and effect, be the tramway operator under this
Act for such tramway system.
(2) The right to develop, construct, manage, operate and maintain a
tramway system pursuant to an order or the agreement, as the case may be,
shall include the right to use thereof and to undertake such other commercial
operations, as may be expressly permitted by such order for the purposes of
the development, construction, management, operation and maintenance of a
tramway system and not other wise.
7. Contents of order or agreement - (1) An order made under section 4 or an
agreement entered under Section 5, may provide, for all or any of the following
matters, namely:-
(a) the period before the expiration of which the tramway system
shall commence operations, and the conditions subject to which
the local authority or person may within that period commence
commercial operations and opened for public traffic;
(b) the conditions subject to which the tramway operator may
burrow tunnels for the purposes of the tramway system, under any
public or private property.
(c) the conditions subject to which roads may be opened and
broken up for the purposes of the construction or maintenance of
the tramway system or any part thereof, an the method of, and
materials to be used in the reinstating of the roads and the
approval of the method and materials by the State Government or
the authority designated by the State Government before the
commencement of the work;
(d) the conditions on which any part of the tramway system may be
constructed over a bridge or across a railway or a tramway
carriageway, when the carriage-way over the bridge is to form part
of the tramway system or when any part of the tramway system is
to cross a railway or another tramway carriage-way on any level;
(e) the space which shall ordinarily intervene between the outside
of the carriage-way on either side of a road whereon the tramway
system is to be constructed, and-
(i) in the case of a tramway system having one rail or guide
way or dedicated right-of-way, the rail or guide way or
dedicated right-of-way of the tramway, or
(ii) in the case of a tramway system having two or more rails
or guide ways or dedicated right-of-way the nearest rail or
guide way or dedicated right-of-way of the tramway and the
conditions on which a smaller space may be permitted.
(f) the gauge of the rails or guide ways or dedicated right-of-way to
be used, and the mode in which and the level at which, they shall
be laid and maintained; and the adoption and application by the
tramway operator of such improvements in the rails or guide ways
or dedicated right-of-way and in their situation, and in the sub-
structure upon which they rest, as the state government may from
time to time require;
(g) the portion of the road or roads traversed by the tramway
system to be kept in repair by the tramway operator; the
maintenance by the tramway operator to the satisfaction of the
State Government of that portion of the road or roads; and the
liability of the tramway operator, on the requisition of the State
Government, from time to time to adopt and apply such
improvements in the tramway as the State Government may
consider necessary or desirable for the safety or convenience of the
public, and to alter the position or level of the tramway to suit
future alteration in the road or roads;
(h) the application of material excavated by the tramway operator
in the construction or maintenance of the tramway system;
(i) the provision of such crossings, passing places, sidings,
junctions and other works, in addition to those specified in or
authorised by the order or agreement, as may from time to time be
necessary or convenient to the efficient working of the tramway;
(j) the powers which may from time to time be exercised by the
State Government, the local authority, or any other authority in
respect of sewers, drains, telegraph-lines, gas-pipes, water-pipes or
other things in or on land occupied by the tramway system, the
notice (if any) to be given of the intended exercise of those powers,
the manner in which the powers shall be exercised, and the extent
to which the tramway system and the traffic thereon may be
interfered with in the exercise thereof.
(k) the conditions subject to which the tramway operator may from
time to time interfere with, or alter or require the alteration of the
position of drains (not being sewers or main drains), telegraph
lines, gas-pipes, water-pipes or other things as aforesaid;
(l) the provision of a temporary tramway system or part thereof in
place of a part of a tramway system which has been removed, or
the use of which has been discontinued by reason of the execution
of any work affecting a road along which a part of the tramway
system was laid, or by reason of the use of the road being
interrupted by floods or other cause;
(m) the motive power to be used on the tramway system and the
conditions on which any mechanical power or electrical power may
be used;
(n) the nature, dimensions, fittings, appliances and apparatus of
the carriage to be used on the tramway system and the inspection
and examination thereof by officers of the State Government or the
concerned regulatory or other authority, and the liability of the
tramway operator, on the requisition of the State Government,
from time to time, to adopt and apply such improvements in the
carriages, and in the fittings, appliances and apparatus, as the
State Government may consider necessary or desirable for the
safety or convenience of the public or the tramway system;
(o) the traffic which may be carried on the tramway system, the
traffic which the tramway operator shall be bound to carry, the
traffic which the tramway operator may refuse to carry, the fares
leviable by the tramway operator, and the periodical revision
thereof by the State Government and the regulation of the traffic
and of the levy of the fares;
(p) the use of the tramway system free of any payment by the local
authority, with its own carriages, for specified purposes, during
specified hours, with power to the local authority to make such
sidings and other works as may be necessary for communication
between its premises and the tramway system;
(q) the conditions subject to which tramway operator may be
permitted to encumber or create any security interest in the
tramway undertaking or any part thereof, by sub-lease, sub-
licence or otherwise including substitution of the tramway operator
under the order or the agreement, as the case may be, and the
conditions subject to which any Government authority or any other
person including any local authority or any other authority may be
the transferee;
(r) the performance by the State Government or by the local
authority or any other authority or any work required by the Act or
the order or the agreement to be done by the tramway operator;
and
(s) the penalty to be incurred by the tramway operator for failure to
observe any condition or direction contained in the order or the
agreement, as the case may be, and the application of the penalty
when recovered.
(2) The State Government may, in providing in the order for the
acquisition of land for the purpose of a tramway system, direct that land may
be acquired for the tramway system under the provisions of the Land
Acquisition Act, 1894 (Central Act No.1 of 1894); or under any other law for the
time being in force.
(3) Nothing contained in this Act shall be construed as-
(a) authorising the disregard by the tramway operator of any law
for the time being in force; or
(b) authorising any person to institute any proceedings in respect
of duty or liability to which the tramway operator or its officers or
other employees would not otherwise be subject.
8. Amendment of orders and agreement - (1) The State Government may, on
the application of the tramway operator, revoke, amend, extend or vary the
order by a further order, or agree to the revocation, amendment, variation or
extension of the agreement by a further agreement, as the case may be.
(2) An application for a further order or agreement shall be made in the
same manner and subject to the same conditions as an application for an order
or agreement, as the case may be.
(3) The State Government may, in its discretion, either grant or reject the
application.
(4) If the State Government grants the application, it shall make the
further order or enter into a further agreement, as the case may be, in the
same manner as an order or agreement except that no addition to, or
modification of, the rights, powers and authorities asked for in the application,
or restriction or condition with respect thereto, shall be made or imposed by
the further order without the consent in writing of the tramway operator.
9. Lease of land - (1) Notwithstanding anything contained in this Act, the State
Government may, in the public interest or in the interest of better tramway
system grant lease or licence of the land acquired or otherwise being made
available by the State Government to a tramway operator for the purposes set
forth in the order or the agreement, as the case may be, including for a
tramway system or any tramway system premises (including buildings and
structures thereon and appertaining thereto) to carry out some of the functions
of the tramway operator on such terms as the State Government may deem fit:
Provided that such lease or licence shall not affect the powers and
functions of the State Government under this Act.
(2) No lease or licence of any land shall be made by a local authority in
favour of a tramway operator appointed under an agreement pursuant to
Section 5, without the previous approval of the State Government.
10. Vesting of assets and liabilities of tramway system - The tramway
system, together with any and all assets, liabilities, obligations, contracts and
employees shall vest with the tramway operator in accordance with the order or
the agreement, as the case may be, for the duration as set forth in such order
or agreement. In the event of change of the tramway operator which has been
approved by the State Government, the tramway system, together with any and
all assets, liabilities, obligations, contracts, and employees shall vest with such
tramway operator on such terms and for such duration as the State
Government may prescribe by the order published in Official Gazette, or in the
agreement entered into by the State Government, as the case may be,
approving such change of the person acting as the tramway operator:
Provided that nothing contained in this section shall affect:
(i) any sub-contract entered into by the tramway operator pursuant
to section 11 with any other person, or
(ii) the vesting of all or part of a tramway system vested in any
person pursuant to an agreement entered into by the state
government under section 5(1).
11. Power of Tramway Operator to Sub-contract- (1) Subject to the
provisions of the order or of the agreement, as the case may be, the tramway
operator may sub-contract to any person such part of its obligations, duties
and functions relating to the development, construction, management,
operation or maintenance of the tramway system, as the tramway operator may
deem fit.
(2) Notwithstanding entering into of any such sub-contract, the tramway
operator shall remain liable and responsible to the State Government for the
performance of its obligations and functions in relation to the tramway system
including but not limited to those pursuant to or under the order or the
agreement, as the case may be.
12. Functions of tramway operator - Subject to the provisions of sections 10
and 11 and the terms and conditions of the order or the agreement, as the case
may be, the functions of the tramway operator shall include,-
(a) to develop, construct, manage, operate, maintain and use the
tramway system and provide rapid mass transportation services
for public carriage of passengers and luggage on such tramway
system within a Municipal area;
(b) to engage in and perform such other functions and provide
such other services as are incidental to or may be considered
necessary for the purpose of development, construction,
management, operation, maintenance and use of a tramway
system for providing rapid mass transportation services for public
carriage of passengers and luggage within a Municipal area; and
(c) to undertake such other operations and functions as may be
expressly permitted by the order or the agreement, as the case may
be, for the purposes of the development, construction,
management, operation, maintenance and use of the tramway
system.
13. Power of the State Government to direct grant of licenses etc., to the
tramway operator - Without prejudice to the provisions of sections 6 and 9
and subject to and in accordance with in any applicable law for the time being
in force and effect, the State Government may, for the purposes of the
development, construction, management, operation and maintenance or use of
a tramway system, and subject to such conditions as it may prescribe in this
behalf and for such duration as it may consider necessary, require any local or
other authority to grant leases, licenses or enter into other contracts with any
tramway operator to facilitate the development, construction, management,
operation and maintenance and use of any tramway system.
14. Cessation of powers given by an order or agreement - (1) If a tramway
operator authorised under an order made under section 4 or an agreement
under section 5, as the case may be,-
(a) does not within the time specified in such order or agreement,
substantially commence the construction of the tramway system,
or
(b) having commenced the construction, suspends it without
reasons sufficient in the opinion of the State Government to
warrant the suspension, or
(c) does not within the time specified in such order or agreement,
as the case may be, complete the tramway system and open it for
public traffic, or
(d) committed material breach of any terms and conditions of such
order or agreement, as the case may be, the State Government
shall have the power to suspend by a notification the powers,
rights and authority of the ram way operator under the order, or
under the agreement, as the case may be. Any such suspension by
the State Government, shall, notwithstanding anything to the
contrary contained herein, be deemed to be under the order or the
agreement, as the case may be, and without prejudice to the
respective rights and remedies which the State Government and
the tramway operator may have with respect to such suspension
under the order or under the agreement, as the case may be.
(2) A notification published by the State Government in the Andhra
Pradesh Gazette to the effect that on a date specified in the notification the
construction of a tramway system had not been substantially commenced or a
tramway system had not been completed and opened for public traffic or that
the construction of a tramway system had been suspended without sufficient
reasons, and that the power, rights, and authority of the tramway operator
under the order or under the agreement, as the case may be, shall for the
purpose of this Section, be conclusive proof of the matter stated therein
without prejudice to the rights and remedies which the tramway operator may
have under the order or under the agreement, as the case may be.
(3) The rights and remedies of the State Government under this Act or
any other law for the time being in force, in respect of any breach of or default
under the order of the agreement, as the case may be, are without prejudice to
the rights and remedies which the State Government may have under the order
or the agreement, as the case may be.
15. Transfer of rights and obligations - The tramway operator appointed by
the State Government either through an order, or agreement, shall not transfer
its rights or obligations to any person except with the prior express consent in
writing of the State Government which the State Government may in its sole
discretion refuse or give subject to such conditions as the State Government
may deem appropriate:
Provided that nothing contained in this section shall affect,-
(a) any sub-contract entered into by the tramway operator
pursuant to Section 11 with any other person or
(b) the vesting of all or part of a tramway system vested in any
person pursuant to an agreement entered into by the State
Government.
CHAPTER - III
Construction, Operation and Maintenance of Tramways
16. Mode of construction of tramway - A tramway shall be developed,
constructed, managed, operated and maintained in the manner provided by the
order, or as set forth in the agreement, as the case may be.
17. Powers of tramway operator in relation to the construction and
maintenance of tramway system - (1) Subject to the terms and conditions of
the order, or the provisions of the agreement, as the case may be, and the
provisions of this Act and of all other laws and rules for the time being in force,
the tramway operator may for the purpose of development, construction,
management, operation and maintenance of the tramway system,-
(a) make or construct in, upon, across, under or over any land or
other premises, streets, roads, rails or any rivers, canals, brooks,
streams or other waters, or any drains, water-pipes, gas-pipes,
electric lines or telegraph lines, or optical fibre cables, such
temporary or permanent planes, arches, tunnels, culverts,
embankments, aqueducts, bridges, ways or passages,
(b) alter the course of any river, canal, brook, stream or water
course for the purpose of constructing tunnels, passages or other
works over or under them and divert or alter temporarily as well as
permanently, any drain, water pipe, gas pipe, electric line or
telegraph line or optical fibre cables and raise or sink the level
thereof, in order to carry them more conveniently;
(c) make drains or conduits into, though or under any lands
adjoining the tramway system for the purpose of conveying water,
sewage and/or ventilation from or to the tramway system, and
regulate drilling of tube wells or sinking of wells, public or private,
in the proximate vicinity of the tramway system;
(d) erect, construct and maintain roads, structures for motor
transport meant for accommodation of the traffic passing through
or along the tramway system alignment, or for the provision of
integrated transit or convenient transfer at or near tramway
stations;
(e) erect, construct and maintain tramway station buildings,
operation control centers, and other structures;
(f) erect, maintain and repair any signalling and other
communication facilities, telegraph or optical fibre cable and
electric supply line, any electric traction equipment, power supply
and distribution installation, electric substations, and other works
in connection with the working of the tramway system and obtain
any licenses required for the same;
(g) construct and maintain works for convenience of the owners
and occupiers of lands and buildings adjoining the tramway
system such as crossing, bridges, over-bridges, under-bridges,
culverts, tunnels, roads, drains, water sources or other passages
over, under or by the side of, or leading to a tramway station; and
(h) do all other acts necessary or expedient for making,
maintaining, altering or repairing and using the tramway system or
for the purpose of carrying out its functions under the Act.
(2) Without prejudice to the powers under sub-section (1), the powers of
the tramway operator for the purpose of performing its obligations and
discharge of its functions under the Act and the order or the agreement, as the
case may be, shall include the power to-
(a) acquire, hold and dispose of all kinds of properties, movable
and immovable;
(b) improve, develop or alter any tramway system premises or and
of the properties;
(c) authorize any tramway official, to enter temporarily in or upon
the lands adjoining the tramway system alignment in order to
remove obstructions, or prevent imminent danger from or which
may obstruct the movement of the tramways, or passengers, or the
view of the signal provided for movement of rolling stock;
(d) enter into, assign and rescind any contract or obligation in
accordance with the provision of this Act, the order or the
agreement, as the case may be;
(e) apply for and obtain license from the state and such other
government as may be required to establish and maintain
communication lines;
(f) open or divert or temporarily close, as the case may be, any
street, road, cable, trench, water supply line, drain (including a
sewer), channel, ditch, culvert or any other device (whether for
carrying of sullage, sewage, offensive matter, polluted water, trade
affluent, rain water, sub-soil water or any other object), electric or
gas supply line or telecommunication line, or telegraph
installation, over, across, or under any tramway system premises;
and
(g) exercise such other powers and discharge such other functions
as may be granted by the state government under the order or the
agreement, as the case may be.
(3) The exercise of the powers conferred by sub-sections (1) or (2) above
by the tramway operator shall be subject to obtaining of all necessary
approvals, license, authorization and permissions in accordance with all
applicable laws for the time being in force and under any rules or regulations
prescribed by the state government or the central government.
18. Power to underpin building or otherwise strengthen it - (1) If the
tramway operator is of opinion that it is necessary or expedient to do so for
facilitating the construction of tramway system or for ensuring the safety of
tramway system or any building or construction along the tramway system
alignment, it may, after following the procedure under sub-section (2),
underpin or otherwise, strengthen any building within a radius not exceeding
fifty meters from the tramway system alignment.
(2) The tramway operator shall give to the owner or occupier of such
building at least ten days notice in writing before undertaking the work of
underpinning or otherwise strengthening the building:
Provided that where the tramway operator is satisfied that an emergency
exists, no such notice shall be necessary.
(3) Where the underpinning or strengthening was executed in connection
with,-
(a) the carrying out of the works upon the land where any building
is situated; or
(b) the construction or operation of tramway system,
the tramway operator may at any time, after underpinning or
strengthening of such building is completed and before the
expiration of a period of twelve months therefrom, -
(i) in a case referred to in Clause (a) above, from the date of
completion of such works; and
(ii) in a case referred to in Clause (b) above, from the date on
which traffic was opened in the tramway system;
enter upon and survey such building and do such
further underpinning or strengthening thereon, as it may
deem necessary:
Provided that nothing shall prevent the tramway
operator from undertaking the work of underpinning or
strengthening of a building any number of times, provided it
does so in compliance with sub-sections (1) and (2).
19. Power to enter for inspection, measurement etc., - The tramway
operator or any person authorized by it may, with a view to making survey or
ascertaining the nature or condition of any land or building for the purpose of
construction of tramway system or any other work connected therewith, at any
reasonable hour during the day and after giving reasonable notice to the owner
or occupier enter upon or enter into such land or building, in, along, over or
near the tramway system alignment to,-
(a) inspect the same;
(b) take measurements, make drawings and take photographs
thereof and such other suitable measures as may be necessary to
explore and check up, by digging trial pits or otherwise, the
foundation of any building in the vicinity of the tramway system
alignment;
(c) take such other measures as the tramway operator deems it
necessary and proper.
20. Amount payable for damage, loss or injury - (1) Where the tramway
operator exercises any power conferred on it by or under this Act or otherwise
by the State Government for the development, construction, management,
operation and maintenance of a tramway system, and in consequence thereof,
any damage, loss or injury is sustained by any person interested in any land,
building, street, road or passage, the tramway operator shall be liable to pay to
the person for such damage, loss or injury such amount as may be determined
by the State Government or any other competent authority appointed or
authorized in this behalf by notification by the State Government.
(2) The State Government shall prescribe the manner and the
considerations upon which the State Government or such other competent
authority appointed or authorised by the State Government, and shall,
determine the amount under sub-section (1), as also the procedure and the
manner of deposit and payment of the amount payable.
21. Period for claim of damages - No claim in respect of any damage, loss or
injury alleged to have been caused as a consequence of construction of a
tramway system pursuant to an order or agreement, as the case may be, under
this Act, shall lie against the tramway operator unless such claim is made
within a period of six months from the date on which date, the alleged damage
was caused.
22. Prohibition of removal of marks - No person shall remove any mark
placed or fill up any trench cut for the purpose of marking levels, boundaries or
lines in relation to the development of a tramway system.
23. Inspection of tramway before opening - A tramway system, or portion or
extension of, or addition to a tramway system, shall not be opened for public
traffic until it has been inspected and certified to be fit for such traffic by the
Safety Commissioner appointed by the State Government under section 30.
24. Certificate of fitness for the opening of tramway system - (1) The Safety
Commissioner shall, before giving the certificate of fitness for the opening of the
tramway system under Section 23, issue a report containing, inter alia, the
following,-
(a) he has made, or caused to be made, a careful inspection of the
tramway system and the rolling stock that may be used thereon;
(b) the track structure, rolling stock, bridges, viaducts, tunnels,
signalling and telecommunication system, traction system,
ventilation and air condition systems complying with the standards
and safety parameters prescribed under section 33; and
(c) in his opinion, the tramway system can be opened for public
carriage of passengers without any danger to the public using it.
(2) If the report referred to in sub-section (1) above recommends that the
tramway system can be opened for public carnage of passengers without any
danger to the public using it, the Safety commissioner shall issue to the
tramway operator forthwith the certificate of fitness and forward copy of the
same along with a copy of the report to the State Government for its
information.
(3) If the Safety Commissioner reports that the tramway system cannot
be opened without any danger to the public using it, he shall state the grounds
therefor and the Safety Commissioner shall submit the same to the State
Government for its consideration with copy to the tramway operator. The State
Government shall upon receipt of such report, by an order determine the
conditions, if any, on the fulfilment of which the tramway system can be
opened for public carriage of passengers by it. Upon fulfilment of the conditions
prescribed by such order, the Safety Commissioner shall undertake an
inspection to determine the satisfaction or otherwise of the conditions
prescribed by the State Government by the order made under this sub-section
and issue a report. If it is reported that the conditions prescribed by the order
of the State Government pursuant to this subsection have been fulfilled, the
Safety Commissioner shall issue to the tramway operator i

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