[Act
No. 13 of 1950] [07th March, 1950] An
Act to provide for the establishment and regulation of a Road Transport
Authority for the promotion of a co-ordinated) system of road transport in the
Union Territory of Delhi. Be
it enacted by Parliament as follows: (1)
This Act may be called the Delhi Road
Transport Authority Act, 1950. (2)
It extends to the whole of the Union
Territory of Delhi. In
this Act, unless there is anything repugnant in the subject or context, (1)
"ancillary service" means
any Substituted diary service which provides amenities or facilities to persons
making use of any road transport service of the Authority; (2)
"Authority" means the Delhi
Road Transport Authority; (3)
"Delhi Transport Service"
means the road transport service operated in, the [1][Union
Territory of Delhi] or in any extended area by the Authority and includes the
road transport service operated by that name in that territory by the Ministry
of Transport of the Government of India before the establishment of the
Authority; (4)
"extended area" means any
area or, route to which the operation of any road transport service of the
Authority has been extended in the manner provided in section 24; (5)
"prescribed" means
prescribed by rules made under this Act; (6)
"road transport service"
means a service carrying passengers or goods or both by road in vehicles for
hire or reward; (7)
"vehicle" means any
mechanically propelled vehicle, used or capable of being used the purpose of
road transport, and includes a tram-car, a trolley-vehicle and a trailer; (8)
words and expressions used but not
defined in this Act and defined in the Motor Vehicles Act, 1939 (IV of 1939),
have the meanings assigned to them in that Act. (1)
With effect from such [2]date as the Central Government may, by notification in the
Official Gazette, appoint in this behalf, there shall be established an
Authority by the name of the Delhi Road Transport Authority. (2)
The said Authority Shall be a body
corporate having perpetual succession and a common seal, and shall by the said
name, sue and be sued. (1)
The Authority shall consist of seven
members as follows:-- (a)
one member to be elected by the
members of the Delhi Municipal Committee; (b)
one member to be elected by the
members of the Delhi District Board; (c)
one non-official having experience in
transport, industrial, commercial or financial matters, to be nominated by the
Central Government; (d)
three officials of whom one shall
represent the Ministry of Finance, to be nominated by the Central Government;
and (e)
the Chief Commissioner of Delhi, or an
official nominated by him. (2)
The Central Government shall nominate
a member of the Authority to be the Chairman thereof. (3)
Every election or nomination/under
this section shall take effect as soon as it is notified by the Central
Government in the Official Gazette. (1)
Save as otherwise expressly provided
in this Act, the term of office of a member elected under clause (a) or clause
(b) of sub-section (2) of Section-4, or of a member nominated under clause (c)
of that sub-section shall be three years commencing from the date on which his
election or nomination, as the case may be, is notified. (2)
A member nominated by the Central
Government under clause (d) of sub-section (2) of section 4, or by the Chief
Commissioner of Delhi under clause (a) of that sub-section, shall hold office
during the pleasure of the nominating authority. (3)
A member nominated as Chairman of the
Authority under sub-section (2) of section 4 shall hold office as Chairman
during the pleasure of the Central Government. (4)
A member of the Authority shall, on
the expiration of his term of office, be eligible for re-election or
renomination. A
person shall be disqualified for being chosen as, or for being, a member of the
Authority-- (a)
if he is found to be a lunatic or a
person of unsound mind; or (b)
if he has been adjudged insolvent; or (c)
if he has been convicted of an offence
involving moral turpitude; or (d)
if he has, directly or indirectly, any
interest in any Substitutedisting contract made with, or in any work being done
for, the Authority except as a share-holder (other than a director or managing
agent) in a public company as defined in section 2 of the Indian Companies Act,
1913 (VII of 1913), provided that where he is a share-holder, he shall disclose
to the Central Government the nature and, extent of shares held by him in such
company; or (e)
if he has any financial interest in
any other road transport undertaking. The
Central Government may, by notification in the Official Gazette, remote from
office any member of the Authority who-- (a)
is or becomes subject to any of the
disqualifications mentioned in section 6; or (b)
in the opinion of the Central
Government, has failed or is unable-to carry out his duties so as to render his
removal necessary; or (c)
without excuse sufficient in the
opinion of the Central Government, is absent without the leave of the Authority
from more than four consecutive meetings of the Authority. The
Chairman or an elected or nominated member of the Authority may resign his
office by giving notice in writing to the Central Government and shall, on such
resignation being accepted by that Government, be deemed to have vacated his
office. If
any member of the Authority is by infirmity or otherwise rendered temporarily
incapable of carrying out his duties or is absent on leave or otherwise in circumstances
not involving the vacation of his appointment, the Central Government may
appoint another person to act in his place. No
act or proceeding of the Authority shall be invalid by reason only of the
existence of any vacancy amongst its members or any defect in the constitution
thereof. (1)
The Authority may, with the previous
approval of the Central Government, associate with itself in such manner and
for such purposes as may be determined by regulations made under this Act any
persons whose assistance or advice it may desire in carrying out any of the
provisions of this Act. (2)
A person associated with it by the
Authority under sub-section (2) for any purpose shall have a right to take part
in the discussions of the Authority relevant to that purpose, but shall not
have a right to vote at a meeting of the Authority, and shall not be a member
for any other purpose. (1)
The Authority shall meet at such times
and places and shall, subject to the provisions of sub-sections (2) and (3),
observe such rules of procedure in regard to transaction of business at its
meetings as may be provided by regulations made under this Act. (2)
The Chairman or, in his absence, any
member chosen by the members present from among themselves, shall preside at 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
in the case of an equality of votes, the Chairman or, in his absence, any other
person presiding shall have a second or casting vote. All
orders and decisions of the Authority shall be authenticated by the signature
of the Chairman or any other member authorised by the Authority in this behalf,
and all other instruments issued by the Authority shall be authenticated by the
signature of the Secretary or any other officer of the Authority authorised in
lime manner in this behalf. Every
member referred to in clauses (a), (b) and (c) of sub-section (2) of section 4
or other person associated with the Authority under section 11 shall be
entitled to receive such allowances or fees as may be prescribed for attendance
at meetings of the Authority or for performance of any duty assigned to him by
the Authority for the purposes of this Act. (1)
There shall be a General Manager and a
Chief Accounts Officer of the Authority who shall be appointed by the Central
Government. (2)
The Authority may appoint such other
officers and servants as it considers necessary for the efficient performance
of its functions. (3)
The conditions of appointment and
service and the scales of pay of the officers and servants of the Authority
shall-- (a)
as respects the General Manager and
the Chief Accounts Officer be such as may be prescribed, and (b)
as respects the other officers and
servants be such as may, subject to the provisions of section 39, be determined
by regulations made under this Act. (1)
The General Manager shall be the Chief
Executive Officer of the Authority and all other officers and servants of the
Authority shall be subordinate to him. (2)
The General Manager shall also be the
ex-officio Secretary of the Authority and shall have the right of being present
at any meeting of the Authority and of taking part in the discussions thereat,
but he shall not vote upon any proposition or make any motion at such meeting. (3)
The Chief Accounts Officer shall have
the right to record his views on every proposal involving expenditure from the
fund of the Authority prior to the consideration of such proposal by the
Authority. (4)
The other functions and duties of the
General Manager and the Chief Accounts Officer shall be such as may be
prescribed. No
person who has directly or indirectly, by himself or his partner or agent, any
share or interest in any contract, by or on behalf of the Authority, or in any
other road transport undertaking, shall become or remain an officer or servant
of the Authority. There
shall be constituted by the Central Government an Advisory Council consisting
of not more than fifteen members to advise the Authority, and the functions of,
the procedure to be followed by, the number and term of office of, and the
manner of filling casual vacancies among, members of the Advisory Council shall
be such as may be prescribed. It
shall be the general duty of the Authority so to exercise its powers under this
Act as progressively to provide, or secure or promote the provision of, an
efficient, adequate, economical and properly co-ordinated system of road
transport services for passengers and goods in the [3][Union
Territory of Delhi] and in any extended area: Provided
that nothing in this section shall be construed as imposing on the Authority
either directly or indirectly, any form of duty: or liability enforceable by
proceedings before any court or tribunal to which it would not otherwise be
subject. (1)
Subject to the provisions of this Act,
the Authority shall have power-- (a)
to operate road transport services in
the [Union Territory of Delhi] and in any extended area; (b)
to provide for any ancillary service; (c)
to provide for its employees suitable
conditions of service including the establishment of Provident Fund, living
accommodation, places for rest and recreation and other amenities. (2)
Subject to the provisions of this Act,
the powers conferred by sub-section (1), shall include power-- (a)
to manufacture, purchase, maintain and
repair rolling stock, vehicles, appliances, plant, equipment or any other thing
required for the purpose of any of the activities of the Authority referred to
in sub-section (2). Explanation.-
In this clause, the expression "manufacture" does not include the
construction of the complete unit of a motor vehicle except for purposes of
experiment or research; (b)
to acquire and hold such property,
both movable and immovable, as the Authority may deem necessary for the purpose
of any of the said activities, and to lease, sell or otherwise transfer any
property held by it; (c)
to prepare schemes for the acquisition
of, and to acquire, either compulsorily in accordance with such procedure as
may be prescribed or by agreement, whether absolutely or for any period, the
whole or any part of any undertaking of any other person to the extent to which
the activities thereof consist of the operation of road transport services or
ancillary services in the Union Territory of Delhi or in any extended area; (d)
to purchase by agreement or to take on
lease any land and to erect thereon such buildings as may be necessary for the
purpose of carrying on its undertaking; (e)
to authorise the disposal of scrap
vehicles, old tyres, used oils, or any other stores Of scrap value; (f)
to enter into and perform all such
contracts as may be necessary for the performance of its duties and the
exercise of its powers under this Act; (g)
to determine, with the previous
approval of the Central Government and, in the case of a road transport service
operated in any extended area, also with the previous approval of the
Government of the State within which such extended area is situated, the fares
and freights for the carriage of passengers and goods in any road transport
service operated by the Authority; (h)
to dispose of, without the previous
sanction-of the Central Government, during any year any assets of which the
total valuation, determined in the prescribed manner, is less than fifty
thousand rupees if the disposal of such assets is, after consultation with the
Chief Accounts Officer of the Authority, considered necessary by the Authority
in the interests of any of its activities referred to in sub-section (1); (i)
to purchase vehicles of such type as may
be suitable for use in the road transport services operated by the Authority; (j)
to purchase or otherwise secure by
agreement vehicles, garages, sheds, office buildings, depots, land, workshops,
equipment, tools, accessories to and spare parts for vehicles, or any other
article owned or possessed by any dealer or the owner of any other undertaking
for use thereof by the Authority for the purposes of its undertaking; (k)
to do anything for the purpose of
advancing the skill of persons employed by the Authority or the efficiency of
the equipment of the Authority or of the manner in which that equipment is
operated, including the provision by the Authority, and the assistance by the
Authority to others for the provision, of facilities for training, education and
research; (l)
to enter into and carry out agreements
with any person carrying on business as a carrier of passengers or goods
providing for the carriage of passengers or goods on behalf of the Authority by
that other person at a through fare or freight; (m)
with the prior approval of the Central
Government, to do all other things to facilitate the proper carrying on of the
business of the Authority. (3)
Nothing in this section shall be
construed as authorising the Authority, except with the previous permission of
the Central Government,- (i)
to manufacture or maintain anything
which is not required directly or indirectly for use for the purpose of the
undertaking of the Authority or to repair, store or provide any service for,
any vehicle which does not belong to the Authority or is not used directly or
indirectly for the purpose of its undertaking; (ii)
to purchase any vehicle for the
purpose of sale to any person, or to sell or supply to any person lubricants,
spare parts or equipment for, or accessories to, vehicles; (iii)
to let vehicles on hire for the
carriage of passengers or goods save as expressly provided by or under this
Act. (4)
Except as otherwise provided by this
Act, nothing in the foregoing provisions of this section shall be construed as
authorising the disregard by the Authority of any law for the time being in
force. (5)
The provisions of this section shall
not be construed as limiting any power of the Authority conferred by or under
any Subsequent provision of this Act. The
Authority may, by general or special order in writing, delegate to the General
Manager, subject to such conditions and limitations (if any) as may be
specified in the order, such of its powers and duties under this Act as it may
deem necessary for the efficient running of day-to-day administration of its
undertaking. With
a view to nationalising or developing road transport services on any route or
in any area within the [4][Union
Territory of Delhi], the Authority may from time to time prepare schemes not
inconsistent with this Act for starting new road transport services or
augmenting its existing road transport services on such route or in such area,
in which provision may be made for all or any of the following matters,
namely:-- (a)
the purchase of chassis of motor
vehicles or vehicles of a suitable type; (b)
the making of arrangements for
building suitable types of bodies for vehicles; (c)
the erection of stands and sheds for
passengers and goods, and the setting up of office and workshops; (d)
the purchase: or acquisition of sites
and lands suitable for any of the purposes specified in clause (c); (e)
the purchase of equipment, tools and
spare parts for, and accessories to, vehicles; (f)
the recruitment of additional
supervisory, operational and workshop staff necessary for the operation of the
scheme; and (g)
such supplemental, incidental and
consequential provisions as may appear to be necessary or expedient for any of
the purposes aforesaid. (1)
The Authority shall, after a scheme
has been prepared under section 22, obtain the advice of the Advisory Council
thereon. (2)
The Authority may, after considering
the advice so obtained and making such modifications in the scheme as it may
deem necessary, sanction the scheme: Provided
that no sanction shall be accorded by the Authority to any scheme estimated to
result in a capital expenditure exceeding fifty thousand rupees without the
previous approval of the Central Government. (1)
If the Authority considers it to be
expedient in the public interest to extend the operation of any of its road
transport services to any route or area situated within another State, it may
with the permission of the Central Government negotiate with the Government of
that State regarding the proposed extension. (2)
If the Government of the other State approves
the proposed extension, the Authority shall, after consulting the Advisory
Council, prepare a scheme for the purpose and forward the same to that
Government for its consent, and after such consent has been received, the
Authority may, with the previous approval of the Central Government, sanction
the scheme. (3)
After the scheme has been so
sanctioned it shall be competent for the-Authority to extend the operation of
its road transport service to such route or area and when the operation of such
service is so extended the Authority shall operate the service on that route or
in that area subject to the provisions of any law in force in the State within
which such route or area is situated. The
Authority may from time to time alter or extend a scheme by a supplementary
scheme prepared and sanctioned in the manner provided in the foregoing
provisions of this Chapter. Subject
to any regulations made under this Act, the Authority may authorise the issue
of passes to its employees and other persons either free of cost or at
concessional rates and on such conditions as it may 'deem fit to impose. The
Authority may, subject to any regulations made under this Act, authorise the
grant of refund in respect of unused tickets and concessional passes. (1)
When any articles or goods have come
into the possession of the Authority for carriage or otherwise and are not
claimed by the owner or any other person appearing to the Authority to be
entitled thereto, the Authority shall, if such owner or other person is known,
cause a notice to be served upon him requiring him to remove the articles or
goods within seven days of the service of such notice. (2)
If such owner or, other person is not
known or the notice cannot be served upon him or he does not comply with the
requisition in the notice, the Authority may, after the expiration of such
period as may be specified by regulations made under this Act, sell the
articles or goods by public auction and shall, after deducting from the
sale-proceeds expenses for holding the sale or any amount which may be due to
the Authority, credit the surplus sale-proceeds, if any, to the fund of the
Authority; and the sale-proceeds so credited may be paid on demand to any
person who establishes his right thereto in a court of competent jurisdiction
or within one year of such sale to the satisfaction of the Authority. In
carrying on its undertaking under this Act, the Authority shall act as far as
possible on business principles. All
obligations incurred, all contracts entered into and all matters and things
engaged to be done by, with or for the Central Government, for any of the
purposes of this Act before the establishment of the Authority, shall be deemed
to have been incurred, entered into or engaged to be done by, with or for the
Authority; and all suits or other legal proceedings instituted or which might
but for the issue of the notification under sub-section (1) of section 3 have
been instituted by or against the Central Government, may be continued or
instituted by or against the Authority. All
property, assets and funds owned or acquired by the Central Government for the
purposes of the Delhi Transport Service before the establishment of the
Authority shall on such establishment vest in the Authority. (1)
The Authority shall have its own fund
and all receipts of the Authority shall be carried thereto and all payments by
the Authority shall be made there from. (2)
Except as otherwise directed by the
Central Government, all moneys belonging to that fund shall be deposited in the
Reserve Bank of India or with the agents of the Reserve Bank of India or
invested in such securities as may be approved by the Central Government. The
Authority shall pay interest on the amount or capital provided by the Central
Government under section 31 at such rate as may from time to time be fixed by
the Central Government and such interest shall be deemed to be part of the
expenditure of the Authority. (1)
The Authority shall make such
provisions for depreciation and for reserve and other funds as the Central
Government may from time to time direct. (2)
The management of these funds, the
sums to be carried from time to time to the credit thereof and the application
of the moneys comprised therein shall be determined in accordance with such
directions as the Central Government may from time to time issue. The
Authority shall have power to spend such sums as it thinks fit on objects
authorised under this Act and such sums shall be treated as expenditure payable
out of the fund of the Authority. (1)
The Authority, in consultation with
its Chief Accounts Officer, shall by the 31st day of October in each year
prepare and submit to the Central Government for approval a budget for the next
financial year showing the estimated receipts and expenditure during that
financial year in such form as may be prescribed. (2)
Subject to the provisions of
sub-section (3), no sum shall be expended by or on behalf of the Authority
unless the expenditure of the same is covered by a current budget grant
approved by the Central Government. (3)
The Authority may, with the previous
approval of the Central Government. (a)
sanction any re-appropriation within
the grant from one head of the expenditure to another or from a provision made
for one scheme to that in respect of another, subject to the condition that the
aggregate budget grant is not exceeded; (b)
incur expenditure in excess of the
limit provided in the budget approved by the Central Government under any head
of expenditure or in connection with any particular scheme. (1)
The Authority shall cause to be
maintained such books of account and other books in relation to its accounts in
such form and in such manner as may, in consultation with the Comptroller and
Auditor General of India, be prescribed. (2)
The accounts of the Authority shall be
audited by the Comptroller and Auditor-General of India at such times and in
such manner as may be prescribed. (3)
As soon as the accounts of the
Authority have been audited the Authority shall send a copy thereof together
with a copy of the report of the auditor thereon to the Central Government, and
on receipt thereof the Central Government shall cause the audited accounts
together with such report to be laid before Parliament. (1)
The Central Government may, after
consultation with the Authority, give to the Authority general instructions to
be followed, by the Authority, and such instructions may include directions
relating to the conditions of service and training of its employees, wages to
be paid to its workers, reserves to be maintained by it and disposal of its
profits or stocks. (2)
In the exercise of its powers and the
performance of its duties under this Act, the Authority shall not depart from
any general instructions issued under sub-section (1). (1)
The, Authority shall furnish to the
Central Government such returns, statistics, accounts and other information
with respect to its property or activities or in regard to any proposed scheme
as the Central Government may from time to time require. (2)
Without prejudice to the provisions of
sub-section (1), the Authority shall, as soon as possible after the end of each
financial year, submit to the Central Government a report on the activities of
the Authority under this Act during that year and on its policy and programme,
and the Central Government shall cause a copy of every such report to be laid
before Parliament as soon as may be after it is received. (1)
The Central Government, with a view to
satisfy itself that the powers and duties of the Authority under this Act are
being exercised and performed properly, may at any time institute inquiries
into all or any of the activities of the Authority. (2)
The Authority shall give all
facilities for the proper conduct of such inquiries and shall produce before,
or furnish to, the person or persons making such inquiries any document,
account or information in the possession of the Authority which such person or
persons may demand for the purposes of the inquiries. (1)
If, on receipt of the report of any
inquiry held under section 41 or otherwise, the Central Government is satisfied
that it is necessary so to do in the public interest, the Central Government
may, by notification in the Official Gazette, authorise any person to take over
from the Authority, and, so long as that notification is in force, to
administer in accordance with such directions as may be issued from time to
time by that Government such part of the undertaking of the Authority as may be
specified in the notification, and any person so authorised may, for the
purpose of administering the said part of the undertaking, exercise all or any
of the powers of the Authority or of any officer of the Authority, issue stick
directions as he thinks fit to the officers or servants of the Authority and
employ any outside agency. (2)
The Central Government may by such
notification direct that all charges and expenses incurred by the person so
authorised together with such remuneration as the Central Government may allow
from time to time to such person shall be paid within such time as may be fixed
by the Central Government from the fund of the Authority, and if the expenses
are not so paid, the Central Government may make an order directing the person
having the custody of that fund to pay to the person so authorised such
expenses in priority to any other charges against such fund and he shall, so
far as the funds to the credit of the Authority admit, comply with the order of
the Central Government. (1)
If the Central Government is of
opinion that the Authority is unable to perform, or has persistently made
default in the performance of the duties imposed on it by or under this Act or
has exceeded or abused its powers, the Central Government may, by notification
in the Official Gazette, supersede the Authority for such period as may be
specified in the notification; Provided
that before issuing a notification under this sub-section the Central
Government shall give a reasonable time to the Authority to show cause why it
should not be superseded and shall consider the explanations and objections, if
any, of the Authority. (2)
Upon the publication of a notification
under sub-section (1) superseding the Authority,- (a)
all the members of the Authority
shall, as from the date of supersession, vacate their offices as such members; (b)
all the powers and duties which may,
by or under the provisions of this Act, be exercised or performed by or on
behalf of the Authority shall, during the period of supersession, be exercised
and performed by such person or persons as the Central Government may direct;
and (c)
all property vested in the Authority
shall, during the period of supersession, vest in the Central Government. (3)
On the expiration of the period of
supersession specified in the notification issued under sub-section (1), the
Central Government may-- (a)
extend the period of supersession for
such further term as it may consider necessary; or (b)
reconstitute the Authority in the
manner provided in section 4. The
Central Government shall cause a full report of any action taken under section
42 or section 43 and the circumstances leading to such action to be laid before
Parliament at the earliest possible opportunity. Any
land required by the Authority for carrying out any of the purposes of this Act
shall be deemed to be needed for a public purpose and such land shall be
acquired for the authority as if the provisions of Part VII of the Land
Acquisition Act, 1894 (I of 1894) were applicable to it and the Authority were
a company within the meaning of clause (e) of section 3 of the said Act. Whenever
the Authority acquires under this Act the whole or any part of any undertaking,
there shall be paid by the Authority compensation the amount of which shall be
determined in the manner and in accordance with the principles hereinafter set
out, that is to say,-- (a)
where the amount of compensation is
fixed by agreement and is approved by the Central Government, it shall be paid
in accordance with such agreement; (b)
where no such agreement can be reached
or the amount agreed is not approved by the Central Government, the amount
shall, subject to rules made under this Act, be determined by an arbitral
tribunal consisting of one nominee of the Authority, one-nominee of the person
to be compensated and a Chairman to be nominated by the Chief Justice of the
High Court exercising jurisdiction in relation to the [5][Union
Territory of Delhi]; (c)
an appeal shall lie to the district
judge against the decision of the tribunal and the order of the district judge
on such appeal shall be final. The
Motor Vehicles Act, 1939 (in this section referred to as the said Act) shall
have effect subject to the following provisions, namely:-- (a)
The Central ; Government may, by
notification in the Official Gazette, authorise, subject to such terms and
conditions, if any, as it may think fit to impose, any person to exercise and
perform to the exclusion of the Licensing Authority, Registering Authority,
Motor Vehicles Inspector, Traffic Inspector, Regional Transport Authority or
State Transport Authority, as the case may be, and without following the
procedure laid down for the purpose in the said Act, all or such of the powers,
functions and duties of any Licensing Authority, any Registering Authority, any
Motor Vehicles Inspector, any Traffic Inspector, any Regional Transport Authority
or the State Transport Authority under the said Act or under any rules made
there under in relation to the motor vehicles of the Authority and the drivers
and conductors of those vehicles, as may be specified in the notification. (b)
The Central Government may, if it so
thinks necessary, by order cancel, suspend or vary the conditions of, any State
carriage, contract carriage or public carriers' permit which has been granted
or countersigned under Chapter IV of the said Act by any Regional Transport Authority
in the [6][Union
Territory of Delhi] or by the State Transport Authority, Delhi, and is valid
within the whole or any part of [7][that
territory] and any order so passed shall be final. (c)
If the Central Government, by order in
writing, so directs, any Regional Transport Authority within the [8][Union
Territory of Delhi] or the State Transport Authority, Delhi, shall not grant,
countersign or renew any permit under Chapter IV of the said Act other than a
private carrier's permit. (d)
The Central Government may, by order
in writing, exempt the motor vehicles of the Authority or its employees from
the provisions of the said Act or of any rules made there under relating to the
carrying of certificates of registration and fitness and from all or any of the
provisions of Chapter IV of the said Act. (e)
The Central Government may, by [9][notification]
in the Official Gazette, exempt the motor vehicles of the Authority from the
operation of the provisions of Chapter VIII of the said Act. notification
shall be issued under clause (e) of section 47 unless a fund has been
established and is maintained by the Authority in accordance with the rules
made in that behalf by the Central Government under this Act for meeting any
liability arising out of the use of any vehicle of the Authority which the
Authority or any person in the employment of the Authority may incur to third
parties. The
Central Government may, by order in writing, exempt all or any of the vehicles
of the Authority from the payment of any tolls or other charges leviable under
any enactment for the use of the road within the [10][Union
Territory of Delhi] Whenever
it is necessary for the Authority to carry out any of its works or to make any
survey, examination or investigation, preliminary or incidental to the exercise
of powers or the performance of duties by the Authority under this Act, any
officer or servant of the Authority generally or specially empowered by the
Authority may, with the previous permission of the district magistrate, enter
upon any land or premises between sunrise and sunset, after giving reasonable
notice of the intention to make such entry to the owner or occupier of such
land or premises, and at any other time, with the consent in writing of the
owner or occupier of such land or premises, for the purpose of the carrying out
of such works or the making of such survey, examination or investigation. All
members of the Authority, and all officers and servants of the Authority,
whether appointed by the Central Government or the Authority, shall be deemed,
when acting or purporting to act in pursuance of any of the
provisions of this Act, to be public servants within the meaning of section 21
of the Indian Penal Code (Act XLV of 1860). (1)
The Central Government may, by
notification in the Official Gazette, make rules to give effect to the
provisions of this Act. (2)
In particular, and without prejudice
to the generality of the foregoing power, such rules may provide for all or any
of the following matters, namely: (a)
the allowances or fees to be paid to
any member or associate member of the Authority under section 14; (b)
the conditions of appointment and
service and the scales of pay of the General Manager and the Chief Accounts
Officer of the Authority; (c)
the functions and duties of the
General Manager and the Chief Accounts Officer other than those specified in
this Act; (d)
the functions of, the, procedure to be
followed by the number and term of office of, and the manner of filling casual
vacancies among, members of the Advisory Council; (e)
the procedure for the compulsory
acquisition by the Authority of the whole or any part of any undertaking; (f)
the manner in which the total
valuation of assets referred to in clause (h) of sub-section (2) of section 20
shall be determined; (g)
the form in which the budget shall be
prepared and submitted under sub-section (1) of section 37; (h)
the forms and the manner in which the
accounts of the Authority shall be maintained; (i)
the time at which and the manner in
which the accounts of the Authority shall be audited; (j)
the form in which any return,
statistics or report shall be furnished or submitted under section 40; (k)
the procedure to be followed in
determination of compensation by an arbitral tribunal under section 46; (l)
the establishment and maintenance of a
fund for meeting any liability referred to in section 48; (m)
the service of notices and orders
under this Act. (3)
All rules made under this section
shall be laid for not less than fourteen days before Parliament as soon as
possible after they are made and shall be subject to such modifications as
Parliament may make during the session in which they are so laid. (1)
The Authority may, with the previous
sanction of the Central Government, make regulations not inconsistent with this
Act and the rules made thereunder for the administration of the affairs of the
Authority and for carrying out its functions under this Act. (2)
In particular, and without prejudice
to the generality of the foregoing power, such regulations may provide for all
or any of the following matters, namely:- (a)
the manner in which and the purposes
for which persons may be associated with the Authority under section 11; (b)
the time and place of meetings of the
Authority and the procedure to be followed in regard to transaction of business
at such meetings; (c)
the conditions of appointment and
service and the scales of pay of officers and servants of the Authority other
than the General Manager and the Chief Accounts Officer; (d)
the issue of passes, to the employees
of the Authority and other persons under section 26; (e)
the grant of refund in respect of
unused tickets and concessional passes under section 27; (f)
the period' after the expiration of
which unclaimed articles or goods may be sold by public auction under
sub-section (2) of section 28; (g)
the regulation of the carriage of
passengers and goods in the road transport services of the Authority. (3)
All regulations made under
this section shall, as soon as possible, be published in the Gazette of India; The
Central Government may by rule provide that the breach of any regulation made
by the Authority under section 53 shall be punishable with imprisonment which
may extend to three months, or with fine which may extend to five hundred
rupees, or with both, and when the breach is a continuing one, with a further
fine not exceeding twenty rupees for every day after the date of the first
conviction during which the offender is proved to have persisted in the
offence. [1] Substituted. by S. 2 of Act 24 of 1953. [2] 1.4.50. See Notif. No. 51-TAG(1)/50, G of I, Ex, p -
1095. [3] Substituted by the A.O. (No. 3) 1956. [4] Substituted. by the A.O. (No. 3) 1956. [5] Substituted. by the A.O. (No. 3) 1956. [6] Substituted. by the A.O. (No. 3) 1956. [7] Substituted. by the A.O. (No. 3) 1956. [8] Substituted. by the A.O. (No. 3) 1956. [9] No. 51-TAG (12).50 dt. 9.4.53. [10] Substituted. by the A.O. (No. 3) 1956.THE DELHI
ROAD TRANSPORT AUTHORITY ACT, 1950
PREAMBLE
Section 2 – Definitions.