LexThe Maharashtra Truck Terminal (Regulation of Location) Act, 1995
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1997 : Mah. XXXI] 1
THE MAHARASHTRA TRUCK TERMINAL (REGULATION OF LOCATION)
ACT, 1995
[Text as on 22nd October 2024]
——————
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement and application.
2. Definitions.
CHAPTER II
DECLARATION OF CONTROL AREA AND ESTABLISHMENT OF TRUCK TERMINAL AUTHORITY
3. Declaration of control area.
4. Establishment of Truck Terminal Authority.
5. Declaration of area of Truck Terminal.
6. Prohibition on person in engaging himself or as agent for transport or for loading and
unloading goods in any place other than Truck Terminal.
7. Provisions of section 6 not to apply to certain transport vehicles.
8. Permission for use of premises, etc. in Truck Terminal.
CHAPTER III
CONSTITUTION OF TRUCK TERMINAL AUTHORITY
9. Constitution of Authority.
10. Term of Office.
11. Conditions of service of Chief Executive Officer and non-official members.
12. Resignation of non-official members.
13. Temporary absence of members.
14. Disqualification of members.
15. Removal of members.
16. Filling of vacancies.
17. Proceedings presumed to be good and valid.
18. Meeting of Authority.
19. Temporary association of persons with Authority for particular purpose.
20. Constitution of Committees.
CHAPTER IV
ORGANISATION OF THE AUTHORITY AND OFFICERS AND SERVANTS OF THE AUTHORITY
21. Authorities charged with execution of this Act.
22. Superintendence and control.
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23. Powers and duties of Chief Executive Officer.
24. Appointment of officers and servants.
25. Conditions of service of officers and servants to be regulated by regulations.
26. Provident Fund.
27. Expenses of Authority.
CHAPTER V
POWERS AND DUTIES OF THE AUTHORITY
28. Powers and duties of Authority.
29. Powers of Authority to levy fees.
30. Power of Authority to give grants, share expenses, etc.
CHAPTER VI
BUDGET, FINANCE, ACCOUNTS AND AUDIT, ETC
31. Submission of budget to Authority.
32. Section of budget estimates.
33. Submission of approved budget estimates to State Government.
34. Supplementary budget.
35. Application of the assets of Authority.
36. Truck Terminal Fund.
37. Power of Authority to borrow.
38. Deposits.
39. Accounts and Audit.
40. Concurrent and Special Audit of Accounts.
CHAPTER VII
ACQUISITION OF LAND
41. Power to acquire land for the purposes of this Act.
42. Vesting in Truck Terminal Authority lands etc. transferred by the Bombay Me tropolitan
Region Development Authority or any other statutory Corporation.
43. Transfer of Government lands to Authority.
44. Power of Authority to dispose of land, etc.
CHAPTER VIII
OFFENCES AND PENALTIES
45. Offences and Penalties.
46. Offences by companies.
47. Cognizance and trial of offences.
48. Magistrate’s power to impose enhanced penalties.
49. Compounding of offences.
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CHAPTER IX
MISCELLANEOUS
50. Inspection, enquiry, submission of statements, etc.
51. Duty of officer, servant or member to furnish information to authorised officer.
52. Seizure of account books and other documents etc.
53. Control of State Government.
54. Annual Report.
55. Chairman, Chief Executive Officer, Members and other officers and servants of Authority to
be public servants.
56. Protection of action taken in good faith.
57. Recovery of sums due to Authority.
58. Non-applicability of Rent Control Acts to Authority lands, building etc.
59. Power to make rules.
60. Power to make regulations.
61. Removal of difficulties.
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LIST OF AMENDMENT ACTS
1. Amended by Mah. 41 of 1997 (12th May 1997)
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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(Regulation of Location) Act, 1995
MAHARASHTRA ACT No. XXXI OF 19971
[THE MAHARASHTRA TRUCK TERMINAL (REGULATION OF LOCATION) ACT, 1995.]
[This Act received the assent of the President on the 3rd April 1997; assent was first published
in the Maharashtra Government Gazette, Extraordinary No. 45, Part IV, on the 12th May 1997.]
An Act to regulate the movement of goods carriages and transport vehicles in respect of loading
and unloading of goods in urban areas, to regulate the location of the offices and godowns of
transport companies, booking agents and others engaged in the business of collecting,
forwarding or distribution of goods carried by goods carriages or transport vehicles, to
establish Truck Terminal Authority to manage and control the truck terminal and
to provide for matters connected therewith or supplemental or incidental thereto.
WHEREAS, with the fast growth of population and commercial activities, the congestion and
traffic problems in urban areas and particularly in the Bombay Metropolitan R egion have increased
enormously;
AND WHEREAS, with a view to relieving some of the congestion in traffic, steps have been
taken under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (Mah. XX of
1964) to shift wholesale markets for some of the agricultural produce lik e onions, potatoes, dry fruits
condiments and spices etc., sugar, gur, ghee , wheat-flour and coconut outside Bombay, and under the
provisions of the Bombay Metropolitan Region Specified Commodities Markets (Regulat ion of
Location) Act, 1983 (Mah. XLII of 1 983) to regulate in Greater Bombay and location of market areas
and wholesale markets in respect of textiles, and iron and steel;
AND WHEREAS, it is further expedient to enact a law immediately to accelerate the process of
decongestion by regulating the m ovement of goods carriages and transport vehicles in respect of
loading and unloading of goods at the specified areas to regulate the location of the offices and
godowns of transport companies, booking agents and others engaged in the business of collectin g,
forwarding or distribution of goods carried by goods carriages and transport vehicles, to establish
Truck Terminal Authority to manage and control such areas and to provide for matters connected
therewith or supplemental or incidental thereto; It is her eby enacted in the Forty -sixth Year of
the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement and application. — (1) This Act may be called the
Maharashtra Truck Terminal (Regulation of Location) Act, 1995.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force in the Bombay Metropolitan Region at once. It shall come into force
in any other area on such date as the State Government may, by Notification in the Official Gazette,
appoint, and different dates may be appointed for different areas.
(4) The provisions of this Act shall apply to control area or part thereof on the date appointed in
the Notification under sub -section (1) of section 3; and different dates may be appointed for different
control areas or different parts of a control area.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “appointed day” means the day on which the provisions of this Act apply to any control
area or part thereof;
(b) “Authority” or “Truck Terminal Authority” means the Truck Terminal Author ity
established under section 4;
1 For Statement of Objects and Reasons of the L. A. Bill No. X XXVIII of 1995 , see Maharashtra Government Gazette ,
1995, Part V, dated the 18th November 1995, pages 19-21.
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(c) “Bombay Metropolitan Region” means the area specified in Schedule I to the 1Bombay
Metropolitan Region Development Authority Act, 1974 (Mah. IV of 1975);
(d) “Chairman” means the Chairman of the Authority;
(e) “Chief Executive Officer” means the Chief Executive Officer of the Authority;
(f) “Control area” means an area declared as control area under section 3;
(g) “Member” means a member of th e Authority and includes the Chair man and Chief
Executive Officer;
(h) “Metropolitan Commissioner” means the Metropolitan Commissioner of the Bombay
Metropolitan Region Development Authority;
(i) “Regulation” means the regulation made under this Act;
(j) “Rules” means the rules made under this Act;
(k) “Terminal” or “Truck Terminal” means the area declared as the Truck Terminal under
section 5;
(l) “Truck Terminal Fund” means the fund constituted under section 36;
(m) Words and expressions used in this Act, and not defined herein, shall have the meanings
assigned to them in the Motor Vehicles Act, 1988 (59 of 1988).
CHAPTER II
DECLARATION OF CONTROL AREA AND ESTABLISHMENT OF TRUCK TERMINAL AUTHORITY
3. Declaration of control area.— (1) The State Government may, by notification in the Official
Gazette, declare any area to be the control area, and may, by the same notification or by any other like
notification, from time to time, appoint the date on which the provisions of this Act shall apply to such
area or part thereof.
(2) Before issuing any notification under sub -section (1), for declaring any area to be the control
area, the State Government shall publish or cause to be published in the Official Gazette and in at least
two newspapers having circulation in the proposed control area, a public notice of its intention to issue
such notification in respect of an area described in such notice; and inviting objections or suggestions,
in writing, within a period of not less than thirty days from the date of publication of such public notice
in the Official Gazette. Any objections or suggestions which may be received in time shall be taken
into consideration by the State Government.
(3) A plan showing the boundaries of the control area shall be made available for inspection at
such place as may be specified in the notification under sub-section (2).
4. Establishment of Truck Terminal Authority. — (1) As soon as possible, after any area is
declared t o be the control area under sub -section ( 1) of section 3, the State Government shall, by
notification in the Official Gazette, establish a Truck Terminal Authority for one or more control areas,
or different Truck Terminal Authorities for different control areas.
(2) Every Truck Terminal Authorit y shall be a body corporate with perpetual succes sion and a
common seal, and may sue and be sued in its corporate name, and shall be competent to acquire, hold
and dispose of property, both moveable and immovable, and to contract and do all things necessar y for
the purposes of this Act.
(3) Notwithstanding anything contained in any law for the time being in force, every Truck
Terminal Authority shall for all purposes, be deemed to be a local authority.
1 The short title of this Act was amended as “the Mumbai Metropolitan Development Authority Act, 1974” by Mah. 25 of
1996, Sch.
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5. Declaration of area of Truck Terminal. — The Truck Terminal Authority shall, after
obtaining previous approval of the State Government or of such other authority as the State
Government may, by general or special order, specify in this behalf, declare, by notification in the
Official Gazette , the area or a reas including the premises and precincts thereof to be the Truck
Terminal for one or more control areas, which shall be used by a holder of a permit of a goods carriage
or agent or any other person for arrival or departure of goods carriages or transport vehicles or for
carrying on business of collecting, forwarding, distributing or transporting goods for the purpose of
loading or unloading such goods into or from such goods carriages or transport vehicles.
6. Prohibition on person in engaging himself or as agent for transport or for loading and
unloading goods in any place other than Truck Terminal.— Notwithstanding anything contained in
the Motor Vehicles Act, 1988 (59 of 1988) or any other law for the time being in force, on and from
the appointed day—
(1) no person shall engage within the control area by himself or as agent or otherwise in the
business of collecting, forwarding or distributing goods carried or to be carried by a goods
carriage or transport vehicle, except at the Truck Terminal.
(2) w here any goods carriage or transport vehicle in any region, transports goods in any
control area or part thereof to which this Act applies, the permit granted in respect of such goods
carriage or transport vehicle for one region or countersigned for any other region shall be deemed
to contain the following condition, namely :—
“No person or holder of a permit or his agent shall load or unload goods in or from a goods
carriage or transport vehicle at any place in a control area or part thereof to which the
Maharashtra Truck Terminal (Regulation of Location) Act, 1995 (Mah. XXXI of 1997), applies
except at the Truck Terminal.”.
7. Provisions of section 6 not to apply to certain transport vehicles. — Nothing contained in
section 6 shall apply to,—
(a) a person loading or unloading goods wholly and exclusively for one person and at an y
one place in the control area;
(b) a person loading goods at any one place in the control area; and unloading the same
goods at any other place in the control area;
(c) the goods carriages or transport vehicles exclusively transporting goods of any,—
(i) consul de carriers, whether called a consul -general, consul, vice -consul, consular
agent, pro-consul or by any other name, of a Foreign State 1[when such transport of goods is
by themselves or for their own official use and such exemption is available on the reciprocal
basis in the respective nation to which they belong.];
(ii) departments or offices of the State or Central Government or of any companies or
undertakings set up by the State or Central Government;
2[(iii) statutory corporations or a local authority established under any State or Central
Act.]
8. Permission for use of premises, etc. in Truck Terminal. — The Truck Terminal Authority
shall, upon an application made by any person who is engaged by himself or as an agent in the business
of collecting, forwarding or distributing goods carried by goods carriages, in accordance with the
provisions of section 93 of the Motor Vehicles Act, 1988 (59 of 1988), permit such person or agent to
use premises, facilities and services in the Truck Terminal in such manner and upon such terms and
conditions as may be prescribed by regulations.
1 This portion was added by Mah. 41 of 1997, s. 2(a).
2 This paragraph was substituted for the original by Mah. 41 of 1997, s. 2(b).
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CHAPTER III
CONSTITUTION OF TRUCK TERMINAL AUTHORITY
9. Constitution of Aut hority.— (1) The Authority shall consist of a Chairman, a Chief
Executive Officer and seven other members—all appointed by the State Government.
(2) The Metropolitan Commissioner shall be the ex-officio Chairman of the Authority in the
Bombay Metropolitan Region. If similar authorities are established outside the Bombay Metropolitan
Region, the concerned Divisional Commissioner shall be the ex-officio Chairman. The State
Government shall appoint a full -time Chief Executive Officer. The Chief Executive Officer shall be a
person who, in the opinion of the State Government, has administrative and management experience
necessary for conducting and managing the affairs of the Authority under this Act. The following shall
be the other seven members, namely,—
(a) four official members who, in the opinion of the State Government, have special
knowledge of, or practical experience in, municipal or public admini stration, town and country
planning, public transport, traffic control or finance;
(b) three non-official members of whom one shall be a representative of the person engaged
in the business of collecting, forwarding and distributing goods carried by goods carriages having
offices in the control area.
(3) The names of the Chairman, Chief Executive Officer and the designations or as the case may
be, names of other members appointed under this section shall be published in the Official Gazette, and
upon such publication, the Authority shall be deemed to be duly constituted.
10. Term of Office.— (1) The term of office of every non -official members shall subject, to the
provisions of this Act and unless terminated earlier by the State Government for any reason
whatsoever, ordinarily be for three years from the date of publication of his appointment i n the
Official Gazette.
(2) Where a person becomes or is appointed as a member of the Authority by virtue of holding
any office of being a member of the Parliament, State Legislature, any local authority, association or
body, whether incorporated or not he shall cease to be a member of the Authority as soon as he ceases
to be the holder of that office or ceases to be such member, as the case may be.
11. Conditions of service of Chief Executive Officer and non -official members.— (1) The
remuneration and other conditions of service of the Chief Executive Officer shall be such as the State
Government may, by order, from time to time, determine.
(2) Every non-official member shall receive such allowances for the purpose of meeting per sonal
expenditure incurred in attending the meetings of the Authority or for attending to any other business
of the Authority as such member, as the State Government may, by order, from time to time,
determine.
(3) The remuneration of the Chief Executive Officer and the allowances to the non -official
members shall be paid from the Truck Terminal Fund.
(4) Notwithstanding anything contained in this Act, if a member of Parliament or State
Legislature is appointed as a member of the Authority, the remuneratio n and allowances
payable to him,—
(a) if he is member of the Parliament, shall not exceed the compensatory allowances as
defined in the Parliament (Prevention of Disqualification) Act, 1959 (10 of 1959);
(b) if he is member of the State Legislature, sha ll not exceed the compensatory allowances
permissible to him under entry 11 of the Maharashtra Legislature Members (Removal of
Disqualifications) Act (Bom. LII of 1956).
12. Resignation of non-official members.— Any non-official member may, at any time, resign
his office by writing under his hand addressed to the State Government, and upon the acceptance
thereof, the office of the member shall become vacant.
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13. Temporary absence of members. — If any member is by infirmity or otherwise rendered
temporarily incapable of carrying out his duties as a member or is absent on leave or otherwise, not
involving the vacation of his appointment, the State Government may, appoint another person to
officiate for him and carry out his functions under this Act or any rules or regulations made thereunder.
14. Disqualification of members. — (1) Subject to the provisions of sub -section (2), a person
shall be disqualified for being appointed or continuing as the member of the Authority, if he,—
(a) holds any office of profit under the Authority;
(b) is of unsound mind, and stands so declared by a competent court;
(c) is an uncertificated bankrupt or an undischarged insolvent;
(d) has directly or indirectly by himself or by any partner, any share or interest in any
contract or employment with, by or on behalf of, the Authority;
(e) is a director, secretary, manager or other salaried officer of any incorporated company
which has a ny share or interest in any contract or employment with by or on behalf of the
Authority; or
(f) has been or is convicted of any offence involving moral turpitude.
(2) A person shall not, however, be disqualified under clause ( d) or ( e) of sub -section (1) or be
deemed to have the share or interest—
(a) In any contract or employment within the meaning of these clauses, by reason only of
his, or the incorporated company of which he is a director, secretary, manager or other salaried
officer, having a share or interest in any newspaper in which any advertisement relating to the
affairs of the Authority is inserted;
(b) Any incorporated company which has any share or interest in any contract or
employment with, by or on behalf of, the Authority, by reason on ly of his being a shareholder of
such company:
Provided that, such person discloses to the State Government, the nature and extent of the
shares held by him.
15. Removal of members. — (1) The State Government may, by notification in the Official
Gazette, remove from office any non-official member who,—
(a) is, or has become, subject to any of the disqualifications mentioned in section 14; or
(b) in the opinion of the State Government, has been guilty of any misconduct whether
before or after the appoin tment or neglects or has so abused his position as to render his
continuance as member detrimental to the interest of the Authority or of the general public, or is
otherwise unfit to continue as a member; or
(c) is absent without permission of the Authori ty for two consec utive meetings of the
Authority:
Provided that, no person shall be so removed from office unless he has been given an opportunity
to show cause against his removal.
(2) Notwithstanding anything contained in sub-section (1) or any other provisions of this Act, the
non-official members shall hold office during the pleasure of the State Government; and the State
Government, if it appears to it to be necessary or expedient so to do in the public interest, may, by
order, remove all or any of them from office at any time.
16. Filling of vacancies. — (1) In the event of a vacancy in the office of any member, the
vacancy may be filed by the State Government, and the person so appointed shall hold office so long
only as the member in whose place he is appointed would have held office.
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(2) A vacancy of a member shall be filled as early as practicable:
Provided that, during any such vacancy, the continuing members may act as if no vacancy had
occurred.
17. Proceedings presumed to be good and valid. — No disqualification of, or defect in, the
appointment or continuation of any person acting as a member of the Authority shall be deemed to
vitiate any act or proceedings of the Authority, if such act or proceeding is otherwise in accordance
with the provisions of this Act.
18. Meeting of Authority. — (1) The Authority shall meet at such times, at least once in two
months and at such places as the Chairman may determine.
(2) The Chairman of or in his absence the Chief Executive officer and in the absent of both the
Chairman and Chief Executive Officer, any oth er member chosen by the members present from
amongst themselves, shall preside over a meeting of the Authority.
(3) All questions at a meeting of the Authority shall be decided by a majority of votes of the
members present and voting; and in the case of a n equality of votes, the person presiding shall have
and exercise a second or casting vote.
(4) Five members shall form a quorum to constitute a meeting of the Authority.
(5) Minutes shall be kept of the names of the members present and of others who attend the
meeting of the Authority under the provisions of this Act and of the proceedings of each meeting, in a
minute book to be kept for the purpose. The minutes shall be signed at the next meeting, after
confirmation of such minutes shall be open to i nspection by any member during office hours of the
Authority.
(6) Subject to the forgoing provisions, the Authority may observe such rules of procedure in
regard to the transaction of its business as it may deem proper and expedient.
19. Temporary associ ation of persons with Authority for particular purpose. — (1) The
Authority may associate with itself, any person whose assistance or advice it may desire for carrying
into effect any of the provisions of this Act:
Provided that, the number of persons so associated shall not be more than three.
(2) A person associated with Authority under sub -section (1) for any purpose shall have the right
to take part in the deliberations of the Authority relevant to that purpose, but shall not have the right to
vote.
(3) The State Government may, by order, depute its representatives to attend any meeting of the
Authority and to take part in the deliberations of the Authority on such items or subjects as the State
Government may, specify but such representatives shall not have the right to vote.
20. Constitution of Committees.— The Authority may, from time to time, constitute committee
or committees out of its members consisting of such number of them as it may think proper and may
delegate to such committee such powers of the Authority as it may deem fit for carrying out the
purposes of this Act.
CHAPTER IV
ORGANISATION OF THE AUTHORITY AND OFFICERS AND SERVANTS OF THE AUTHORITY
21. Authorities charged with execution of this Act. — The authorities charged with carrying
out the provisions of this Act are—
(a) the Authority; and
(b) the Chairman and the Chief Executive Officer of the Authority.
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22. Superintendence and control. — The Chief Executive Officer of the Authority shall be
under the general superintendence and control of the Authority.
23. Powers and duties of Chief Executive Officer. — (1) Subject to the superintendence,
direction and control of the Authority, all the executive functions of the Authority shall be exercised by
the Chief Executive Officer.
(2) Without prejudice to the provisions of sub-section (1), the Chief Executive Officer shall,—
(i) supervise the financial and executive administration of the Authority and exercise such
power and perform such duties and functions as may be conferred or imposed upon him by this
Act or the rules or regulations or delegated to him by the Authority under this Act;
(ii) supervise and control all officers and servants of the Authority;
(iii) be responsible for collection of all sums due to the Authority and payment of al l sums
payable by the Authority;
(iv) ensure adequate security of all assets and property of the Authority;
(v) to be responsible for the proper application of the Truck Terminal Funds and property
according to the provisions of this Act and rules or regulation made thereunder.
(3) The Chief Executive Officer may, with the sanction of the Authority, delegate any of the
powers or functions conferred or imposed upon him by or under this Act, to any officer or servant of
the Authority.
24. Appointment of officers and servants.— (1) The Authority,—
(a) may, from time to time, create such posts of officers and servants as may be necessa ry
for the purposes of this Act:
Provided that, no post with a pay-scale, the minimum of which exceeds rupees one thousand
per month or such higher amount per month as the State Government may from time to time
determine shall be created by the Authority without the previous approval of the State
Government or such officer as the State Government may by general or special order specify in
this behalf;
(b) may, from time to time appoint officers and servants to hold such posts; and
(c) shall pay such officers and servants such pay, allowances and other perquisites
prospectively or retrospectively as it may, by regulations, determine.
(2) The powers a nd duties of such officers and servants shall be such as the Authority may from
time to time by regulations made for the purpose, determine.
25. Conditions of service of officers and servants to be regulated by regulations. — The
Authority may, by regulat ions made for the purpose prospectively or retrospectively regulate the
recruitment and the conditions of service of its officers and servants; and without prejudice to the
generality of this power, such regulation may provide for the following matters, namely :—
(i) regulating the grant of leave and the payment of leave salary and allowances
while on leave;
(ii) authorising the payment of travelling or conveyance allowance;
(iii) regulating the period of service;
(iv) determining the conditions under which the employees shall receive the retirement
benefits including provident fund, pension, gratuity or compassionate allowance and the
conditions under which heirs or surviving relatives of the employees shall receive s uch pension,
gratuity or compassionate allowance;
(v) authorising payment of contributions out of the Truck Terminal Fund to any pension or
provident fund, which may be established for the benefit of the employees;
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(vi) determining subsistence allowance in lieu of pay during the period of suspension of the
employees pending enquiry;
(vii) prescribing any other conditions of service of the employees.
26. Provident Fund.— (1) The Authority shall establish a provident fund for employees of the
Authority, and such provident fund (hereinafter referred to as “the provident fund”) shall
notwithstanding anything contained in the Provident Funds Act, 1925 (19 of 1925), be administered by
the Authority.
(2) The Authority shall, in respect of each of its employees who is a subscriber to the provident
fund, pay into that fund such portion of the contribution in such manner as the Authority may from
time to time determine.
27. Expenses of Authority. — All exp enses incurred by the Authority including expenses
incurred on account of salaries, allowances, fees and other remuneration payable to the employees
serving under the Authority, shall be met from the Truck Terminal Fund.
CHAPTER V
POWERS AND DUTIES OF THE AUTHORITY
28. Powers and duties of Authority. — In addition to the powers conferred and duties imposed
upon it by or under this Act, the Authority may—
(a) construct, maintain and manage the Truck Terminal includ ing any buildings or
structures;
(b) provide, maintain and manage any instruments or implements required in the Truck
Terminal;
(c) acquire, hold and dispose of any movable or immovable property;
(d) regulate the entry of persons and vehicular traffic into and exit from the control area and
the Truck Terminal;
(e) provide such facilities and services as may be necessary or expedient for the beneficial
use of the Truck Terminal;
(f) perform such other functions and duties as may, from time to time, be necessary or
expedient for the purpose of maintaining or managing the Truck Terminal;
(g) collect data and maintain records and statistical information and carryout necessary
monitoring to detect trends and changes in the goods transport industry in the control area.
29. Powers of Authority to levy fees. — It shall be competent for the Authority to levy and
collect fees or service charges—
(i) to cover its expenses on maintenance of roads, drainage, water supply, provisions for
storage of goods, parking places, and such other facilities, amen ities or services as may be
provided by it including provisions of street lighting at the Truck Terminal; and
(ii) for the entry of persons, vehicles and goods into Truck Terminal, in such manner, at
such rates and from such persons as may be prescribed, from time to time, by regulations.
30. Power of Authority to give grants, share expenses, etc. — Without prejudice to the
generality of the powers conferred by section 28, the Authority may, within its discretion, give grants,
advances or loans to or share expenses with, any local authority or public undertaking, within or
without the area of its operation, towards expenses incurred or to be incurred by such authority or
undertaking in the performance, in relation to any facilities, amenities or services at the Truck Terminal
of any of the statutory functions of such authority or undertaking, including expenditure incurred in the
acquisition of land; and, notwithstanding anything contained in any law for the time being in force, it
shall be lawful for such authority or undertaking to accept such grants, advances or loans or share in
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the expenses, subject to such terms and conditions as the Authority may from time to time, in
consultation with such authority or undertaking, specify.
CHAPTER VI
BUDGET, FINANCE, ACCOUNTS AND AUDIT, ETC.
31. Submission of budget to Authority. — (1) The Chief Executive Officer of the Authority
shall, at a special meeting t o be held in the month of February in each year, lay before the Authority,
the budget estimates of the Authority for the next year.
(2) Every such budget estimates shall be prepared in such form as the State Government may,
from to time, by order, determine and shall provide for,—
(i) the proposals, plans and projects, which the Authority proposes to execute either in part
or in the whole during the next year;
(ii) the due fulfilment of all the liabilities of the Authority; and
(iii) the implementation of the provisions of this Act;
and such estimates shall contain a Statement showing the estimated income and expenditure
on capital and revenue accounts for the next year and such other particulars indicating the
financial performance of t he Authority as the State Government may direct. The budget shall
clearly reveal the financial outlay and performance.
32. Section of budget estimates.— The Authority shall consider the budget estimates submitted
to it under section 31 and approve the sa me with or without modification on or before such date as the
State Government may, from time to time, determine.
33. Submission of approved budget estimates to State Government. — (1) Every budget
estimates approved by the Authority under the last preced ing section shall be submitted to the State
Government for information.
(2) After the receipt of the approved budget estimates, the State Government may, as far as
practicable, before the beginning of the next year, suggested to the Authority, such modification therein
as the State Government may deem fit, and the Authority shall carry out such modifications in the
budget estimates in such manner as the Authority may think fit.
34. Supplementary budget.— The Chief Executive Officer may, at any time during the year for
which a budget has been approved by the Authority, lay before the Authority a supplementary budget
estimate and the provisions of section 31, 32 and 33 shall, so far as may be, apply to such
supplementary budget estimates.
35. Application of the assets of Authority. — All property, fund and other assets vesting in the
Authority shall be held and applied by it, subject to the provisions, and for the purposes, of this Act.
36. Truck Terminal Fund.— (1) The Authority shall have and maintain its own Fund to be
called “the Truck Terminal Fund” to which shall be credited,—
(a) all monies received by the Authority by way of grants, subventions, loan advances or
otherwise;
(b) all monies received from any statutory authority for carrying out the purposes of this
Act;
(c) all fees, costs, fines and charges received by the Authority under this Act;
(d) all monies received by the Authority from the disposal of lands, buildings and o ther
properties movable and immovable and other transactions.
(e) all monies received by the Authority by way of rent and profits or in any other manner or
from any other source.
16 The Maharashtra Truck Terminal [1997 : Mah. XXXI
(Regulation of Location) Act, 1995
(2) The amount to the Credit of the Truck Terminal Fund shall be kept or inv ested in the State
Bank of India or in any corresponding new bank specified in the First Schedule to the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), or in the first Schedule
to the Banking companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980) , or in
such co-operative bank as the State Government may, approved for the purpose.
(3) The accounts of the Truck Terminal Fund shall be operated by such officers of the Authority
and in such manner as the Authority may, authorised by regulations made in this regard.
37. Power of Authority to borrow. — The Authority may, with the previous approval of the
State Government borrow money for the purpose of providing itself with adequate resources.
38. Deposits.— The Authority may accept deposits on such conditions as it may deem fit from
persons, authorities or institutions, to whom allotment or sale of land, buildings or premises is made or
is likely to be made in furtherance of the objects of this Act.
39. Accounts and Audit. — (1) The Authority shall cause to be maintained proper books of
accounts and such other books as the rules may require, and shall prepare in accordance with the rules
an annual statement of accounts.
(2) The Authority shall cause its accounts to be audited annually by such person and by such date
in the next succeeding year as the State Government may direct. The person so directed shall have the
right to demand the production of books of accounts, and connected vouchers, docume nts and papers,
and to inspect any of the offices of the Authority.
(3) As soon as the accounts of the Authority have been audited, the Authority shall send a copy
thereof with a copy of the report of the auditor thereon to the State Government; and the A uthority
shall comply with such directions as the State Government may, after perusal of the report of the
auditor, think fit to issue.
(4) The accounts together with the report of the auditor thereon shall be laid by the State
Government before each House of the State Legislature as far as possible, before the expiry of the year
next succeeding the year to which they relate.
40. Concurrent and Special Audit of Accounts. — (1) Notwithstanding anything contained in
section 39, there shall be a concurrent audit of the accounts of the Authority by such person as it thinks
fit. The State Government may also direct a special audit to be made by such person as it thinks fit of
the accounts of the Authority relating to any particular transaction or a class or series of transactions or
to a particular period.
(2) Where an order is made under sub -section ( 1), the Authority shall present or cause to be
presented for audit such accounts and shall furnish to the person appointed under sub -section (1) such
information as the said person may require for the purpose of audit; and shall remedy or cause to be
remedied the defects pointed out by such person, unless they are condoned by the State Government.
CHAPTER VII
ACQUISITION OF LAND
41. Power to acquire land for the purposes of this Act. — The State Government may, for
carrying out the purposes of this compulsorily acquire land under the Land Acquisition Act, 1894
(1 of 1894), as amended from time to time and the acquisition of any land for any of the said purposes
shall be deemed to be a public purpose within the meaning of that Act.
42. Vesting in Truck Terminal Authority lands etc. transferred by the Bombay Metropolitan
Region Development Authority or any other statutory Corporation. — Notwithstanding anything
contained in the 1Bombay Metropolitan Region Development Authority Act, 1974 (Mah. IV of 1975) ,
1 The short title of this Act was amended as “the Mumbai Metropolitan Development Authority Act, 1974” by Mah. 25 of
1996, Sch.
1997 : Mah. XXXI] The Maharashtra Truck Terminal 17
(Regulation of Location) Act, 1995
or any other law for the time being in force, it shall be competent for the Bombay Metropolitan Region
Development Authority constituted under the 1Bombay Metropolitan Region Development Authority
Act, 1974 (Mah. IV of 1975 ) or for any statutory corporation constituted under any other law, to
transfer any land with or without building constructed or any other work carried out, thereon to a Truck
Terminal Authority subject to such terms and conditions as the State Government may, in consultation
with the Metropolitan Authority or the statutory corporation, from time to time, determine and
thereupon such lands together with buildings or work if any, shall vest in the Truck Terminal Authority
for the purposes of this Act.
43. Transfer of Government lands to Authority.— (1) For the furtherance of the object of this
Act, the State Government may by notification in the Official Gazette, upon such conditions as may be
agreed upon between the Government and the Authority, place at the disposal of the Authority any
lands vested in the State Government.
(2) After any such land has been developed, by or under the control and supervision of the
Authority, it s hall be dealt with by the Authority in accordance with the provisions of this Act or the
rules or regulations made thereunder and the directions, if any, given by the State Government in this
behalf.
(3) If any land placed at the disposal of the Authority under sub-section (1) is required at any time
thereafter by the State Government, the Authority shall replace it at the disposal of the State
Government upon such terms and conditions as may be mutually agreed upon.
44. Power of Authority to dispose of land, etc. — Subject to any rules made by the State
Government under this Act, the Authority may retain, lease, sell, exchange or otherwise dispose of, any
land, any building or other property vested in it, in such manner as it thinks fit for subserving the
purposes of this Act.
CHAPTER VIII
OFFENCES AND PENALTIES
45. Offences and Penalties.— (1) Whoever,—
(a) contravenes any provisions of section 6; or
(b) voluntarily obstructs the authorised officer authorised under sub-section (1) of section 50
in carrying out inspection under clause ( a), or holding an enquiry under clause ( b) of the said
sub-section; or
(c) knowingly fails to comply with any requisition made or wilfully furnishes false return,
statement, accounts, return or proceedings, under clause (c) or (d) of section 50; or
(d) wilfully neglects or refuses to furnish any information or wilfully furnishes false
information under section 51; or
(e) wilfully obstructs the authorised officer referred in clause ( b) from seizing or taking
possession of books, records, funds or property of the Authority under section 52; or
(f) aids or abets any person in the commission of any act specified in clauses ( a) to (e) shall,
on conviction, be punished,—
(i) when the offe nce is under clause ( a) or ( b) with imprisonment for a term which
shall not be less than three months but which may extent to three years or with fine which
shall not be less than five thousand rupees but which may extend to ten thousand rupees or
with both;
(ii) when the offence is under clauses ( c), (d) or ( e) with simple imprisonment for a
term which may extend to three months or with fine which may extend to one thousand
rupees or with both;
1 The short title of this Act was amended as “the Mumbai Metropo litan Development Authority Act, 1974” by Mah. 25 of
1996, Sch.
18 The Maharashtra Truck Terminal [1997 : Mah. XXXI
(Regulation of Location) Act, 1995
(iii) when the offence is under clause ( f) with same punishm ent as provided for the
offence aided or abetted;
(iv) when the offence under clause ( a) or (b) is a continuing one after first conviction,
with a further daily fine whExcerpt shown. Open the full act in Lexace.