LexThe Himachal Pradesh Bus Stand Management and Development Authority Act, 1999
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH BUS STANDS MANAGEMENT AND
DEVELOPMENT AUTHORITY ACT, 1999
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Constitution and incorporation of the authority .
4. Disqualification for office of member.
5. Term of office and condition of service of memb ers.
6. Vacation of office of member.
7. Eligibility of member for re-nomination.
8. Meetings.
9. Appointment of officers and other employees of the Authority.
10. Transfer of assets and liabilities of the Gove rnment to the
Authority.
11. Compulsory acquisition of land for the Authorit y.
12. Contracts by the Authority.
13. Mode of executing contracts on behalf of the A uthority.
14. Functions of the Authority.
15. Powers of the Authority to charge fee, rent et c.
16. Additional Capital and Grants to the Authority by the
Government.
17. Funds of the Authority.
18. Submission of programme of activities and fina ncial estimates.
19. Investment of funds.
20. Borrowing power of the Authority.
21. Accounts and audit.
22. Submission of annual reports to Legislative As sembly.
23. Delegation.
24. Officers and employees of the Authority to be public servants.
25. Protection of action taken under the Act.
26. Custody and disposal of lost property.
THE HIMACHAL PRADESH BUS STANDS MANAGEMENT AND DEVELOPMENT
AUTHORITY ACT, 1999
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27. Power of the Government to make rules.
28. Power of the Authority to make regulations.
28-A. Power to exempt.
29. Penalty for breach of certain regulations.
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THE HIMACHAL PRADESH BUS STANDS MANAGEMENT AND
DEVELOPMENT AUTHORITY ACT, 1999
(ACT NO. 18 OF 1999)
1
(Received the assent of the Governor on 1 st November, 1999 and was
published in Hindi and English in the Rajpatra, Him achal Pradesh (Extra-
ordinary), dated 3 rd November, 1999, pp. 4129-4152).
An Act to provide for the constitution of an Author ity for the
management and development of 2[City Transport and] Bus
Stands and for the matters connected therewith.
Amended, repealed or otherwise affected by ,-
(i) H.P. Act No. 19 of 2005
3, assented to by the Governor on 25 th
May, 2005 and published both in Hindi and English i n The
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 26 th May,
2005, pp. 813-816.
(ii) H.P. Act No. 25 of 2005 4, assented to by the Governor, on 6 th
September, 2005, published both in Hindi and Englis h in the
Rajpatra, Himachal Pradesh (Extra-ordinary) dated 8 th
September, 2005, pp. 2943-2948, effective from 1 st April,
2000.
(iii) H.P. Act No. 12 of 2014 5, assent to by the Governor on the
21 st March, 2014, published both in Hindi and English i n the
Rajpatra, Himachal Pradesh dated 24 th March, 2014, pp.
7567-7570).
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Ext ra-ordinary), dated 18 th
August, 1999, pp. 3195 and 3208.
2. Inserted vide H.P. Act No. 12 of 2014.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Ext ra-ordinary), dated 16
th
March, 2005, pp. 4108 and 4110.
4. Passed in Hindi by the Himachal Pradesh Vidhan S abha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Ext ra-ordinary), dated 9 th
August, 2005, pp.2243 and 2248.
5. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh, dat ed 20 th February, 2014, pp.
6808 and 6810.
THE HIMACHAL PRADESH BUS STANDS MANAGEMENT AND DEVELOPMENT 3
AUTHORITY ACT, 1999
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Fiftieth Year of the Republic of India as follows:-
1. Short title, extent and commencement .- (1) This Act may be
called the Himachal Pradesh 1[City Transport and] Bus Stands Management
and Development Authority Act, 1999.
(2) It shall extend to the whole of the State of Himachal Pradesh.
(3) It shall come into force on such date as the St ate Government
may, by notification 2 in the Official Gazette, appoint.
2. Definitions .- (1) In this Act, unless the context otherwise requires,-
(a) "bus stand" means a place constructed for
parking/originating/ termination of contract/stage carriages;
(b) "Government" means the Government of Himachal Pradesh;
(c) "transport vehicle" means public service vehic le, an
educational institution bus, private service vehicl e or contract
carriages;
(d) "operator" means any person whose name is ente red in the
permit in respect of a transport vehicle as the hol der thereof
and includes any person for the time being incharge of the
vehicle;
(e) "prescribed" means prescribed by rules framed under this Act;
(f) “Authority" means the Himachal Pradesh 3[City Transport
and] Bus Stands Management and Development Authorit y
constituted under section 3;
(g) "Chairman" means the Chairman of the Authority nominated
by the Government under sub-section (3) of section 3 of this
Act;
(h) "member" means member of the Authority and inc ludes the
Chairman but for the purposes of sections 4, 5, 6 a nd 7 does
not include the ex-officio member referred to in cl ause (b) of
sub-section (3) of section 3 of this Act; and
(i) "regulations" means the regulations made under this Act.
3. Constitution and incorporation of the Authority .- (1) With
effect from the commencement of this Act, the Government shall constitute an
1. Inserted vide H.P. Act No. 12 of 2014.
2 . Act came into force from 1
st day of April, 2000, vide Notification No. No.
TPT-C(1)1/99 dated, 30 th March, 2000, published in the Rajpatra, Himachal
Pradesh (Extra-ordinary) dated 30 th March, 2000, p. 772.
3. Inserted vide H.P. Act No. 12 of 2014.
THE HIMACHAL PRADESH BUS STANDS MANAGEMENT AND DEVELOPMENT
AUTHORITY ACT, 1999
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Authority to be called the Himachal Pradesh 1[City Transport and] Bus Stands
Management and Development Authority.
(2) The Authority shall be a body corporate by name aforesaid having
a perpetual succession and a common seal with power , subject to the
provisions of this Act, to acquire, hold and dispos e of property both movable
and immovable and to contract and shall by the said name sue and be sued.
2[3) The Authority shall consist of,-
(a) Chairman to be nominated by the Government, by notification;
(b) The Chief Executive Officer of the Himachal Pr adesh Bus
Stands Management and Development Authority;
Ex-officio Member .
(c) Not less than three but not more than six non official
members to be nominated by the Government, by
notification;
(d) Not less than three but not more than six offic ial member to
be nominated by the Government, by notification; and
(e) The Secretary, State Transport Authority, Hima chal Pradesh
Ex-officio Secretary .]
(4) The members referred to in clause (c) of sub-se ction (3) may be
nominated as whole time or part time members, as the Government may think
fit.
(5) During the temporary absence of Chairman, the G overnment may
nominate another member to act as the Chairman.
4. Disqualification for office of member .- A person shall be
disqualified for being nominated as a member if he-
(a) has been convicted and sentenced to imprisonme nt for an
offence which, in the opinion of the Government, in volves
moral turpitude; or
(b) is an un-discharged insolvent; or
(c) is of unsound mind and stands so declared by a competent
court; or
(d) has been removed or dismissed from the service of the
Government or corporation owned or controlled by th e
Government; or
(e) has, in the opinion of the Government, such fi nancial or other
interest in the Authority as is likely to affect pr ejudicially the
1. Inserted vide H.P. Act No. 12 of 2014.
2. Sub-section (3) substituted vide H.P. Act No. 1 9 of 2005.
THE HIMACHAL PRADESH BUS STANDS MANAGEMENT AND DEVELOPMENT 5
AUTHORITY ACT, 1999
discharge by him of his functions as a member.
5. Term of office and condition of service of members .- (1) Subject
to the provisions of section 6, every member shall hold office for a period of
one year from the date on which he assumes office:
Provided that the Government may-
(a) terminate the nomination of any whole-time mem ber, who is
not the servant of Government after giving him noti ce for a
period of not less than three months or in lieu the reof on
payment of an amount equal to his salary and allowa nces, if
any, for a period of three months;
(b) terminate the nomination of any part time memb er who is not
a servant of the Government after giving him notice for such
period as may be prescribed; and
(c) terminate at any time the nomination of any me mber who is a
servant of the Government.
(2) The other conditions of service of the member s hall be such as
may be prescribed.
(3) Any member may resign from his office by giving notice in
writing, for such period as may be prescribed, to the Government and, on such
resignation being notified in the Official Gazette by the Government, such
member shall be deemed to have vacated his office.
(4) A casual vacancy caused by the resignation of a member under
sub-section (3) or otherwise may be filled by fresh nomination and the person
so nominated shall hold office for the remaining period for which the member
in whose place he is nominated would have held office.
6. Vacation of office of member.- The Government shall remove a
member, if he-
(a) becomes subject to any of the disqualification mentioned in
section 4:
Provided that no member shall be removed on the
ground that he has become subject to the disqualifi cation
mentioned in clause (e) of that section, unless he has been
given reasonable opportunity of being heard in the matter; or
(b) refuses to act or becomes incapable of acting ; or
(c) is, without obtaining leave of absence from th e Authority,
absent from three consecutive meetings of the Authority; or
(d) in the opinion of the Government, has so abused his position as
to render his continuance in office detrimental to the public
interest:
THE HIMACHAL PRADESH BUS STANDS MANAGEMENT AND DEVELOPMENT
AUTHORITY ACT, 1999
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Provided that no member shall be removed under this clause unless he
has been given a reasonable opportunity of being heard.
7. Eligibility of a Member for re-nomination .- Any person ceasing
to be a member shall unless disqualified under sect ion 4, be eligible for
re-nomination as such.
8. Meetings .- (1) The Authority shall meet at such times and p laces
and shall observe such rules of procedure in regard to the transaction of
business at its meetings (including the quorum at m eetings) as may be
provided by regulations.
(2) The Chairman, or, if for any reason, he is unab le to attend any
meeting, any other member chosen by the members pre sent at the meeting,
shall preside over the meeting.
(3) All questions which come up before any meeting of the Authority
shall be decided by majority of the votes of the me mbers present and voting,
and, in the event of equality of votes, the Chairma n , or in his absence, the
person presiding, shall have and exercise a second or casting vote.
9. Appointment of officers and other employees of t he Authority .-
(1) For the purpose of enabling it efficiently to d ischarge its functions under
this Act, the Authority shall, subject to the provi sions of section 10 and to
such rules as may be prescribed in this behalf, appoint (whether on deputation
or otherwise) such number of officers and other emp loyees as it may consider
necessary:
Provided that the appointment of such category of o fficers as may be
specified after consultation with the Chairman in s uch rules, shall be subject
to the approval of the Government.
(2) Subject to the provisions of section 10, every officer or other
employees appointed by the Authority shall be subje ct to such conditions of
service and shall be entitled to such remuneration as may be determined by
regulations.
10. Transfer of assets and liabilities of the Gover nment to the
Authority .- (1) As from such date as the Government may appo int by
notification in the Official Gazette in relation to any bus stand,-
(a) all properties and other assets vested in the G overnment for
the purposes of Bus Stand and administered by the H imachal
Road Transport Corporation and other local authorit ies,
immediately before such date shall vest in the Authority;
(b) all debts, obligations and liabilities incurre d, all contracts
entered into and all matters and things engaged to be done by,
with, or for the Himachal Road Transport Corporatio n
immediately before such date for or in connection w ith the
purposes of the bus stand, shall be deemed to have been
THE HIMACHAL PRADESH BUS STANDS MANAGEMENT AND DEVELOPMENT 7
AUTHORITY ACT, 1999
incurred, entered into and engaged to be done by, w ith, or for
the Authority;
(c) all non-recurring expenditure, incurred by the Government for
or in connection with the purposes of the bus stand upto such
date and declared to be capital expenditure by the
Government shall , subject to such terms and condit ions as
may be determined by the Government, be treated as the
capital provided by the Government to the Authority;
(d) all sums of money due to the Himachal Road Tra nsport
Corporation in relation to the bus stands immediate ly before
such date shall be deemed to be due to the Authority;
(e) all suits and other legal proceedings institut ed or which could
have been instituted by or against the Himachal Roa d
Transport Corporation immediately before such date for any
matter in relation to the bus stand may be continue d or
instituted by or against the Authority; and
(f) every employee holding any office under the Hi machal Road
Transport Corporation immediately before such date solely or
mainly for or in connection with such affairs of the bus stands
as are relevant to the functions of the Authority under this Act
shall be treated as on deputation with the Authorit y but shall
hold his office in the Authority by the same tenure and upon
the same terms and conditions of service in respect of
remuneration, leave, provident fund, retirement or other
terminal benefits as he would have held such office , if the
Authority had not been constituted and shall continue to do so
until the Himachal Road Transport Corporation eithe r on its
own motion or at the request of the Authority, reca lls such
employees to its service or until the Authority, wi th the
concurrence of the Himachal Road Transport Corporat ion
duly absorbs, such employee in its regular service, whichever
is earlier:
Provided that during the period of deputation of an y
such employee with the Authority, the Authority sha ll pay to
the Himachal Road Transport Corporation in respect of every
such employee, such contribution towards leave, sal ary,
pension and gratuity as the Government, may, by ord er,
determine:
Provided further that any such employee, who has, i n
respect of the proposal of the Authority to absorb him in its
regular service, intimate within such time as may be specified
in this behalf by the Authority his intention of not becoming a
THE HIMACHAL PRADESH BUS STANDS MANAGEMENT AND DEVELOPMENT
AUTHORITY ACT, 1999
8
regular employee of the Authority, shall not be abs orbed by
the Authority in its regular service.
(2) If any dispute or doubt arises as to which of t he properties, rights
or liabilities of the Government or Himachal Road T ransport Corporation, as
the case may be, have been transferred to the Autho rity or as to which of the
employees serving under the Himachal Road Transport Corporation are to be
treated as on deputation with the Authority, under this section, such dispute or
doubt shall be decided by the Government in consult ation with the Authority
and the decision of the Government thereon shall be final.
11. Compulsory acquisition of land for the Authorit y .- Any land
required by the Authority for discharging its funct ions under the Act shall be
deemed to be needed for a public purpose and such l and may be acquired for
the Authority under the provisions of the Land Acqu isition Act, 1894, or of
any other corresponding law for the time being in force.
12. Contracts by the Authority .- Subject to the provisions of section
13, the Authority shall be competent to enter into and perform any contract
necessary for the discharge of its functions under this Act.
13. Mode of executing contracts on behalf of the Au thority .- (1)
Every contract shall, on behalf of the Authority, b e made by the Chairman or
such other member or such officer of the Authority as may be generally or
specially empowered in this behalf by the Authority and such contracts or
class of contracts, as may be specified in the regu lations shall be sealed with
the common seal of the Authority:
Provided that no contract exceeding such value or a mount as the
Government may, from time to time, by order, fix in this behalf shall be made
unless it has been previously approved by the Authority:
Provided further that no contract for the acquisiti on or sale of
immovable property or for the lease of any such property for a term exceeding
thirty years and no other contract exceeding such v alue or amount as the
Government may, from time to time, by order, fix in this behalf shall be made
unless it has been previously approved by the Government.
(2) Subject to the provisions of sub-section (1), t he form and manner
in which any contract shall be made under this Act shall be such as may be
prescribed by regulations.
(3) No contract which is not in accordance with the provisions of this
Act and the regulations shall be binding on the Authority.
14. Functions of the Authority .- (1) Subject to the rules, if any,
made by the Government in this behalf, it shall be the function of the
Authority to manage the Bus Stands 1[and transport buses procured by it]
efficiently.
1. Inserted vide H.P. Act No. 12 of 2014.
THE HIMACHAL PRADESH BUS STANDS MANAGEMENT AND DEVELOPMENT 9
AUTHORITY ACT, 1999
(2) It shall be the duty of the Authority to provid e at the bus stands
such services and facilities as are necessary or de sirable for the efficient
operation of bus services there at.
(3) Without prejudice to the generality of the prov isions contained in
sub-sections (1) and (2), the Authority may-
(a) plan, develop, construct and maintain Bus Stan ds 1[and
regulate, operate and control the plying of buses p rocured by
it];
(b) construct residential buildings for its employ ees;
(c) establish and maintain hotels, restaurants and rest rooms at or
near the bus stands;
(d) establish cloak rooms for storage of luggage;
(e) arrange for bank, postal, bath, toilet and tel ephone facilities
for the use of passengers and other persons at bus stands;
(f) make appropriate arrangements for watch and w ard of the
bus stands;
(g) regulate and control the plying of vehicles an d the entry and
exit of passengers at the bus stands;
(h) establish and manage bus stands; and
(i) take all steps as may be necessary or convenie nt for, or may
be incidental to the exercise of any power or the d ischarge of
any function conferred or imposed on it by this Act
2[either
on its own or in joint venture or on Public Private
Participation (PPP) basis; ]
3[(j) provide for establishment of quality focused multi-model
public transport systems that are well integrated p roviding
seamless travel across modes.]
(4) In the discharge of its function under this sec tion, the Authority
shall have due regard to the development, of bus tr ansport services and to the
efficiency, economy and safety of such services.
15. Powers of the Authority to charge fee, rent etc .- The Authority
may-
(i) with the previous approval of the Government c harge fee or
rent-
1. Inserted vide H.P. Act No. 12 of 2014.
2 Inserted vide H.P. Act No. 12 of 2014.
3. New clause (j) inserted vide H.P. Act No. 12 of 2014.
THE HIMACHAL PRADESH BUS STANDS MANAGEMENT AND DEVELOPMENT
AUTHORITY ACT, 1999
10
(a) for the parking of the buses/ taxis and other vehicles or
for the facilities offered in this regard ;
(b) for the amenities given to the passengers at b us stand;
and
(c) for the use and enjoyment by persons, of facil ities and
other services provided by the Authority at bus stand.
(ii) with due regard to the instructions that the Government may ,
give to the Authority, from time to time, charge fe e or rent
from persons who are given by the Authority any fac ility for
carrying on any trade or business at bus stand.
16. Additional Capital and Grants to the Authority by the
Government.- The Government may, after due appropriation made by
Legislature by law in this behalf,-
(a) provide any capital, over and above the capita l provided
under clause (c) of sub-section (1) of section 10, that may be
required by the Authority for the discharge of its functions
under this Act or for any purpose connected therewi th on
such terms and conditions as the Government may determine;
and
(b) pay to the Authority, on such terms and condit ions as the
Government may determine, by way of loans or grants such
sums of money as that Government may consider neces sary
for the efficient discharge by the Authority of its functions
under this Act.
17. Funds of the Authority .- (1) The Authority shall have its own
fund and all receipts of the Authority shall be cre dited thereto and all
payments of the Authority shall be made therefrom.
(2) The Authority shall have power, subject to the provisions of this
Act to spend such sums as it thinks fit to cover al l administrative expenses of
the Authority and on objects or for purposes author ised by this Act and such
sums shall be treated as expenditure out of the fund of the Authority.
(3) All money standing at the credit of the Authori ty which cannot
immediately be applied as provided in sub-section (2) shall be deposited in the
State Bank of India or in such Scheduled Bank or Ba nks and subject to such
conditions as may from time to time be specified by the Government.
Explanation: In this sub-section "Scheduled Bank" has the same meaning as
assigned to it in clause (e) of section 2 of the Re serve Bank of India Act,
1934.
18. Submission of programme of activities and finan cial
estimates .- (1) The Authority shall before the commencement of each
THE HIMACHAL PRADESH BUS STANDS MANAGEMENT AND DEVELOPMENT 11
AUTHORITY ACT, 1999
financial year, prepare a statement of programme of its activities during the
forth-coming financial year as well as financial estimate in respect thereof.
(2) The statement prepared under sub-section (1) sh all , not less than
three months before the commencement of each financ ial year, be submitted
for approval to the Government.
(3) The statement and financial estimates of the Au thority may, with
the approval of the Government be revised by the Authority.
19. Investment of funds .- The Authority may invest its funds in the
securities of the Government or in such other manner as may be prescribed.
20. Borrowing power of the Authority .- (1) The Authority may,
with the consent of the Government or in accordance with the terms of any
general or special authority given to it by the Gov ernment, borrow money
from any source by issue of the bonds, debentures o r such other instruments
as it may deem fit for discharging all or any of its functions under this Act.
(2) The Government may guarantee in such manner as it thinks fit the
repayment of the principal and the payment of inter est thereon with respect to
the loans borrowed by the Authority under sub-section (1).
(3) Subject to such limits as the Government may, f rom time to time,
lay down, the Authority may borrow temporarily by w ay of over draft or
otherwise such amounts as it may require for discha rging its functions under
this Act.
21. Accounts and audit .- (1) The Authority shall maintain proper
accounts and other relevant records and prepare an annual statement of
accounts including the profits and loss account and the balance-sheet in such
form as may be prescribed by the Government in cons ultation with the
Accountant General of Himachal Pradesh.
(2) The accounts of the Authority shall be audited annually by
Accountant General, Himachal Pradesh and any expend iture incurred by him
in connection with such audit shall be payable by t he Authority to the
Accountant General, Himachal Pradesh.
(3) The Accountant General of Himachal Pradesh and any person
appointed by him in connection with the audit of the accounts of the Authority
shall have the same rights and privileges and autho rity in connection with
such audit as Accountant General of Himachal Pradesh has in connection with
the audit of Government accounts and, in particular , shall have the right to
demand the production of books, accounts, connected vouchers, documents
and papers and inspect any of the offices of the Authority.
(4) The accounts of the Authority as certified by t he Accountant
General or any other person appointed by him in thi s behalf together with the
audit report thereon shall be forwarded annually to the Government and that
Government shall cause the same to be laid before the Legislative Assembly.
THE HIMACHAL PRADESH BUS STANDS MANAGEMENT AND DEVELOPMENT
AUTHORITY ACT, 1999
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22. Submission of annual reports to Legislative Assembly .- (1) The
Authority shall, as soon as may be, after the end o f each financial year,
prepare and submit to the Government in such form a s may be prescribed a
report giving an account of its activities during t hat financial year and the
report shall also give an account of the activities which are likely to be
undertaken by the Authority during the next financial year.
(2) The Government shall cause such report to be la id before the
Legislative Assembly as soon as may be, after it is submitted.
23. Delegation .- The Authority, may, by general or special order in
writing, delegate to the Chairman or any other member or to any officer of the
Authority, subject to such conditions and limitatio ns, if any, as may be
specified in the order, such of its powers and func tions under this Act, except
the powers under section 28 as it may deem necessary.
24. Officers and employees of the Authority to be p ublic
servants .- All officers and employees of the Authority shal l, when acting or
purporting to act in pursuance of the provisions of this Act or of any rule or
regulations made thereunder, be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code.
25. Protection of action taken under the Act .- No suit, prosecution
or other legal proceeding shall lie against the Authority or any member or any
officer or other employee of the Authority for any thing which is done or
intended to be done in good faith under this Act.
26. Custody and disposal of lost property .- Subject to such
regulations as the Authority may make in this behal f the Authority shall
provide for securing the safe custody and restorati on of any property which,
while not in proper custody, is found on any premis es belonging to the
Authority or under its overall control or in any tr ansport vehicles on any such
premises.
27. Power of the Government to make rules .- (1) The Government
may, by notification in the Official Gazette, make rules for carrying out the
purposes of this Act.
(2) In particular and without prejudice to the gene rality of the
foregoing powers, such rules may provide for:-
(a) the condition of service of the members under section 5
including the salaries, payable to the members who are
required to render whole time service and the fees and
allowances payable to the members who are required to
render part time service;
(b) the period of notice required to terminate the nomination of
any member, who is required to render part time ser vice and
who is not a servant of the Government under sectio n 5, and
THE HIMACHAL PRADESH BUS STANDS MANAGEMENT AND DEVELOPMENT 13
AUTHORITY ACT, 1999
the period of notice that may be given to the Government by a
member before he resigns his office, under that section;
(c) the conditions and limitations subject to whic h the Authority
may appoint officers and other employees under sub- section
(1) of section 9;
(d) the terms and conditions subject to which the non-recurring
expenditure incurred by the Government for or in co nnection
with the purposes of any bus stand shall be treated as the
capital provided by the Government to the Authority under
clause (c) of sub-section (1) of section 10;
(e) the manner in which the Authority may invest i ts funds under
section 19;
(f) the form in which the Authority shall prepare the annual
statement of accounts including the profit and loss account
and the balance sheet under section 21; and
(g) any other matter which is to be or may be presc ribed.
(3) Every rule made under this section shall be laid as soon as may be
after it is made, before the Legislative Assembly, while it is in session for a
total period of not less than fourteen days which m ay be comprised in one
session or in two or more successive sessions and i f, before the expiry of the
session in which it is so laid or the session immed iately following, the
Assembly make any modification in the rule or decid es that the rule should
not be made, the rule shall thereafter have effect only in such modified form
or be of no effect, as the case may be, so, however, that any such modification
or annulment shall be without prejudice to the validity of any thing previously
done under that rule.
28. Power of the Authority to make regulations .- (1) The Authority
may make regulations not inconsistent with this Act and the rules made
thereunder to provide for all matters for which pro vision is necessary or
expedient for the purpose of giving effect to the provisions of this Act.
(2) Without prejudice to the generality of the fore going power, such
regulation may provide for-
(a) the time and places of the meetings of the Auth ority and the
procedure to be followed for the transaction of bus iness at
such meetings under sub-section (1) of section 8;
(b) the conditions of service and the remuneration of officers and
other employees appointed by the Authority;
(c) the procedure for storage of goods in any cloa k room
established by the Authority under clause (d) of su b-section
(3) of section 14 and charging of fees for such sto rage of
goods;
THE HIMACHAL PRADESH BUS STANDS MANAGEMENT AND DEVELOPMENT
AUTHORITY ACT, 1999
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(d) the custody and restoration of lost property a nd terms and
conditions under which lost property may be restore d to the
person entitled thereto under section 26;
(e) the disposal of any lost property in cases whe re such property
is not restored under section 26;
(f) preventing obstruction within the bus stands f or its normal
functioning;
(g) prohibiting the parking or waiting of any tran sport vehicle
within the bus stands except at places specified by the
Authority;
(h) regulating or restricting advertising within t he bus stands;
(i) preserving order within the bus stand and prev enting damage
to the property therein; and
(j) the efficient and proper management of the bus stand 1[and
regulation of transport buses procured by it].
2[28A. Power to exempt .- (1) The Authority with the previous
approval of the Government, if satisfied that it is necessary or expedient so to
do in the public interest, for the reasons to be re corded in writing, may, by
order, exempt either wholly or to such extent only as may be specified in the
said order any person or class of persons, operator s or any class of vehicles
from the payment of fees or rent chargeable for the parking of such vehicles
or for use and enjoyment by such persons, of facili ties and other services
provided by the Authority at Bus Stand.
(2) Every order issued under sub-section (1) shall, as soon as may be
after it is issued, be laid before the State Legislature.]
29. Penalty for breach of certain regulations .- Any regulation made
under any of the clauses (f) to (i) of sub-section (2) of section 28, may provide
that a contravention thereof shall be punishable with fine which may extend to
three thousand rupees and in the case of continuing contravention with an
additional fine which may extend to two hundred rup ees for every day during
which such contravention continues after conviction for the first such
contravention.
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1. Inserted vide H.P. Act No. 12 of 2014.
2. Section 28-A inserted vide H.P. Act No. 25 of 2 005, effective from 1
st April, 2000.