LexThe Telangana Municipal Tramways (Construction, Operation and Maintenance) Act, 2008.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA MUNICIPAL TRAMWAYS (CONSTRUCTION,
OPERATION AND MAINTENANCE) ACT, 2008.
(ACT NO. 38 OF 2008)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY
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. Authorization 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
licences etc., to the tramway operator.
14. Cessation of powers given by order or agreement.
2 [Act No. 38 of 2008]
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.
[Act No. 38 of 2008] 3
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 take 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.
4 [Act No. 38 of 2008]
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 unauthorised 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.
[Act No. 38 of 2008] 5
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. Powers 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 in Government.
84. Repeal of Ordinance.
THE TELANGANA MUNICIPAL TRAMWAYS
(CONSTRUCTION, OPERATION AND MAINTENANCE)
ACT, 2008.1
ACT No.38 OF 2008.
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called the 2Telangana Municipal
Tramways (Construction, Operation and Maintenance) Act,
2008.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall be deemed to have come into force on the
30th June, 2008.
2. 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, va rying, extending or substituting that
agreement;
1. The Andhra Pradesh Municipal Tramways (Construction, Operation
and Maintenance) Act, 2008 received the assent of the Governor on the
27th September, 2008. The said Act in force in the combined State, as on
02.06.2014, has been adapted to the State of Telangana, under section
101 of the Andhra Pradesh Reorgan isation Act, 2014 (Central Act 6 of
2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.38 of 2008]
(2) “carriage” means, a carriage or coach (whether
powered or not) utilized for carrying passengers or luggage
in a tramway system;
(3) “claims comm issioner” means a Claims
Commissioner appointed under section 38;
(4) “company” means a company as defined in section
3 of the 3Companies Act, 1956;
(5) “electric line” shall have the meaning assigned to it
under clause (20) of section 2 of the Indian Electricity Act,
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 service s 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 t he
boundaries of a local authority;
3. See also Companies Act, 2013 (Central Act 18 of 2013).
Central Act No.1 of
1956.
Central Act No.36 of
2003.
[Act No.38 of 2008] 3
(11) “Notification” means a notification published in the
4Telangana Gazette and the word “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 4Telangana 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 4Telangana;
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;
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Central Act No.24 of
1989.
4 [Act No.38 of 2008]
(18) “Safety Commi ssioner” means the Commissioner
of tramway systems safety appointed under section 30;
(19) “State Government ” means the Government of
5Telangana;
(20) “telegraph line ” shall have the meaning assigned
to it in clause (4) of section 3 of the Indian Telegraph Act,
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;
5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Central Act No.13 of
1885.
[Act No.38 of 2008] 5
(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 wa ys or
dedicated right-of-way and includes monorail, sky train, sky
bus and maglev, but excludes sub -urban and other rail lines
which are governed by the Railways Act,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 siding,
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
equipment, electrical equipments, electric lines transm itting
power to the tramway system from a generating statio n, or
grid sub -stations 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 f or
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
Central Act No.24 of
1989.
6 [Act No.38 of 2008]
above the tramway system, which is designed, equipped
and set apart for the provision of any services in relati on to
the tramway system, whether or not such area, space or
building is owned by the tramway operator;
(28) “tramway undertaking ” includes all properties,
moveable 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, signaling, telecommunication, air -
conditioning a nd 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. (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 mainten ance 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 for an
order, unless the making of such application has been
approved in the manner prescribed.
Application for
operating system.
[Act No.38 of 2008] 7
(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 aut hority 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. (1) On receiving an application under section 3 , if the
State Government is satisfied as to the propriety making 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 developm ent, 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 o rder, 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 6Telangana
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Procedure for
making order on
application.
8 [Act No.38 of 2008]
Gazette and such publication shall be conclusive proof that
the order has been made as required by this section.
5. 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 ma intain 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 su b-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. (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
Power of the State
Government to
enter into
agreement for
development,
construction,
management,
operation and
maintenance of
tramway system.
Authorization for
construction and
operation of
tramway system.
[Act No.38 of 2008] 9
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 otherwise.
7. (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,
and 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 construc ted over a bridge or across a
railway or a tramway carriage -way, when the carriageway
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;
Contents of order
or agreement.
10 [Act No.38 of 2008]
(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 guideway or dedicated right -of-way, the rail or guideway
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 guideway or dedicated right -of-way of the
tramway and the condi tions 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 tramw ay 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 trav ersed 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 ro ads 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;
[Act No.38 of 2008] 11
(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 th is extent to
which the tramway system and the traffic thereon may be
interfered with in the exercise thereof;
(k) the co nditions 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;
12 [Act No.38 of 2008]
(n) the nature, d imensions, 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 o perator, 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 th e 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 the 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 of any wor k
[Act No.38 of 2008] 13
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 7the Land
Acquisition Act, 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 respec t of duty or liability to which the
tramway operator or its officers or other employees would
not otherwise be subject.
8. (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 a nd subject to the same
7. Also see the r elated provisions of the Right to Fair Compensation and
Transparency in Land Acquisition , Rehabilitation and Resettlem ent Act,
2013 (Central Act 30 of 2013).
Amendment of
orders and
agreement.
Central Act No.1 of
1894.
14 [Act No.38 of 2008]
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 mak e 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 condit ion with respect
thereto, shall be made or imposed by the further order
without the consent in writing of the tramway operator.
9. (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 tram way operator for the purposes
setforth 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.
Lease of land.
[Act No.38 of 2008] 15
10. 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
setforth in such order or ag reement. 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. (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
Vesting of assets
and liabilities of
tramway system.
Power of
Tramway
Operator to sub-
contract.
16 [Act No.38 of 2008]
system including but not limited to those pursuant to or
under the order or the agreement, as the case may be.
12. 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 pub lic 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 cas e may be, for the purposes of the
development, construction, management, operation,
maintenance and use of the tramway system.
13. 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 a nd 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 wi th any
Functions of
tramway operator.
Power of the State
Government to
direct grant of
licences etc., to
the tramway
operator.
[Act No.38 of 2008] 17
tramway operator to facilitate the development,
construction, management, operation and maintenance and
use of any tramway system.
14. (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
tramway 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 b e, 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.
Cessation of
powers given by
order or
agreement.
18 [Act No.38 of 2008]
(2) A notification published by the St ate Government in
the 8Telangana 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 or 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. The tramway opera tor 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 contain ed in this section shall
affect,-
(a) any sub-contract entered into by the tramway
operator pursuant to section 11 with any other person, or
8. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Transfer of rights
and obligations.
[Act No.38 of 2008] 19
(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. 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. (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 fiber cables, such temporary or permanent planes,
arches, tunnels, culverts, embankments, aquad ucts,
bridges, ways or passages;
(b) alter the course of any river, canal, brook, stream
or water course for the purpose of constructing tun nels,
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 fiber
cables and raise or sink the level thereof, in order to carry
them more conveniently;
(c) make drains or conduits into, through or under
any lands adjoining the tramway system for the purpose of
Mode of
construction of
tramway.
Powers of
tramway operator
in relation to the
construction and
maintenance of
tramway system.
20 [Act No.38 of 2008]
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 p rovision 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 signaling and other
communication facilities, telegraph or optical fiber 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 tram way
system and obtain any licences 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 ca rrying 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
[Act No.38 of 2008] 21
under the Act and the order or the agreemen t, 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 s of this Act, the
order or the agreement, as the case may be;
(e) apply for and obtain licenc e 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 g as supply
line or telecommunicat ion 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.
22 [Act No.38 of 2008]
(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 , licence,
authorisation and permissions in accordance with all
applicable laws for the time being in force and under any
rules or regulations prescribed by th e State Government or
the Central Government.
18. (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 whe re 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
Power to underpin
building or
otherwise
strengthen it.
[Act No.38 of 2008] 23
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. 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 p urpose 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.
Power to enter for
inspection,
measurement etc.
24 [Act No.38 of 2008]
20. (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 shaExcerpt shown. Open the full act in Lexace.