Updated: Wednesday November 18, 2015/AlArbia'a
Safar 06, 1437/Budhavara
Karthika 27, 1937, at 06:07:50 PM
[1][1]The
(Act XXXIII of 2015)
[26 June 2015]
An Act to provide for the
establishment of
It
is expedient to establish Punjab Masstransit Authority for purposes of
construction, operation and maintenance of mass transit system in the major
cities of the Punjab; for providing safe, efficient and comfortable urban
transportation system; and, for ancillary matters;
Be it enacted by the Provincial Assembly of the
1. Short
title, extent and commencement.– (1) This Act be cited as the Punjab Masstransit Authority Act,
2015.
(2) Subject to subsection (4), it extends to
whole of the
(3) It shall come into force at once.
(4)
It shall apply to the city of
2. Definitions.– In this Act:---
(a) “AFC” means the automated fare
collection system;
(b) “ancillary facility” means the facility
and equipment provisioned or developed by the Authority including bridge, underpass, tunnel, yard, fence, escalator,
elevator, sliding door, toilet turnstile, scheduling system, passenger
information, signaling, power supply, surveillance, control room, telecom,
electrical and mechanical system, generator, light or fan and other facility;
(c) “asset” means the movable or immovable
property owned or controlled by the Authority;
(d) “Authority” means Punjab Masstransit Authority established under the
Act;
(e) “Chairperson” means Chairperson of the
Authority;
(f) “corridor” means the track or road or a
portion of the track or road which has been constructed or modified or is
planned to be constructed or modified for the purpose of enabling smooth
operation of MTS;
(g) “depot” means the space or area provided
for parking, repair, maintenance, fuelling servicing and cleaning of
Masstransit vehicles.
(h) “fare” includes all sums received or
receivable and all sums charged or chargeable for the transportation of
passengers;
(i) “fund” means the Masstransit Authority Fund established under the
Act;
(j) “Government” means Government of the
(k) "licence" means a licence
granted by the Authority to a service provider of the Authority;
(l) “MTS” means
mass transit system established and operated by the Authority for
operation of the masstransit vehicles;
(m) “member” means a member of the Authority;
(n) “masstransit vehicle” means a vehicle
operated by the Authority on the corridor or a public transport route;
(o) “public transport route” means a route
notified by the Authority for integrated urban and suburban public transport
operations;
(p) “regulations” mean the regulations
framed by the Authority under the Act;
(q) “rules” mean the rules made by the
Government under the Act;
(r) “service provider” means a service
provider of the Authority like a masstransit
vehicle operator, AFC operator, security, janitorial and housekeeping
services provider and any entity providing any kind of services for the MTS;
and
(s) “station” means a place earmarked on the
corridor or public transport route where masstransit
vehicles travelling in either direction stop for a specified duration allowing
passengers to board on or alight from Masstransit
vehicles.
3.
(2) The Authority shall be a body corporate,
with perpetual succession and a common seal, with powers, subject to the
provisions of this Act, to acquire, hold and
dispose of property, and may by the said name, sue and be sued.
(3) The Government or any other entity may,
by notification, transfer the ownership or possession of a corridor, station,
depot and any other ancillary facility constructed or procured for the MTS to
the Authority.
(4) The Authority shall not dispose of any
immovable property without prior permission in writing of the Government.
(5) A person shall not enter upon or in any
way use the assets without written approval of the Authority.
(6) The Authority shall consist of:---
|
(a) Chief Minister of the |
Chairperson |
|
(b) Vice Chairperson to be nominated by
the Government on such terms and conditions as it may determine; |
Vice Chairperson |
|
(c) Minister for Transport of the
Government; |
Member |
|
(d) four members of Provincial Assembly of
the Punjab including at least one female member of the Assembly and two
members of National Assembly of Pakistan nominated by the Government; |
Members |
|
(e) three persons including at least one
woman from the private sector nominated by the Government; |
Members |
|
(f) Chairman, Lahore Transport Company; |
Member |
|
(g) Chairman Planning and Development
Board of the Government; |
Member |
|
(h) Secretary to the Government, Finance
Department; |
Member |
|
(i) Secretary to the Government,
Transport Department; |
Member |
|
(j) Managing Director of the Authority;
and |
Member |
|
(k) Secretary of the Authority. |
Member/Secretary |
(7) A member, other than an ex officio member,
shall hold office for a term of three years and may again be nominated by the
Government.
(8) An act or proceedings of the Authority
shall not be invalid merely for reason of any vacancy or defect in the
constitution of the Authority.
(9) The Authority shall meet at such time and
place and shall observe such procedure in regard to transaction of business at
its meetings as may be prescribed and until so prescribed as may be directed by
the Chairperson.
(10) The meetings of the Authority shall be
presided over by:---
(a) the Chairperson; or
(b) in the absence of the Chairperson, by
the Vice Chairperson; or
(c) in the absence of the Chairperson and
the Vice Chairperson, by such other member of the Authority as the Chairperson
may nominate.
4. Qualifications
of the members.– No person
shall be nominated or shall continue to be a member, if he:---
(a) is or, at any time, has been convicted
of an offence involving moral turpitude; or
(b) is or, at any time, has been declared
insolvent; or
(c) is found to be a lunatic or of unsound
mind; or
(d) is a minor; or
(e) has a financial interest in any aspect
of the MTS, or has a conflict of interest, directly or indirectly, with the
Authority.
5. Functions
of the Authority.– (1) Subject
to the provisions of this Act and rules, the Authority may
perform such functions as may be necessary for carrying out the purposes of the
Act.
(2)
In particular and without prejudice
to the generality of the provision of subsection (1), the Authority shall:---
(a) own, control, maintain and develop a
corridor, station, depot and any other ancillary facility which are transferred
to it by the Government;
(b) plan, construct, operate and maintain
the corridors for future expansion;
(c) enter into contracts including
concession agreements, grant licenses, leases, make other arrangements and
perform all tasks necessary for efficient functioning of the MTS;
(d) collect fares as may be determined by
the Government;
(e) grant licences to mass transit operators
and all other service providers;
(f) incur all necessary expenditure for
planning, construction, operation and maintenance of the MTS including
administrative expenses;
(g) collect and use fees, fines and all
other revenues generated from the MTS infrastructure;
(h) subject to this Act, acquire, hold and
dispose of property;
(i) ensure safe, efficient and comfortable
mass transit operations on a corridor or a
public transport route;
(j) establish, operate and maintain AFC;
(k) make adequate arrangements for effective
security of a corridor, station, depot and any other ancillary facility;
(l) establish and maintain an effective
third party oversight mechanism for collection of revenues;
(m) establish and maintain an effective
system of janitorial and housekeeping services to keep a corridor and its
entire ancillary facilities clean;
(n) plan and operate integrated public
transport routes;
(o) plan, construct and maintain
infrastructure for the public transport routes;
(p) give directions to any other person or
agency for establishing and operating feeder transport services for a corridor;
(q) give directions to any agency to desist
from issuing competing transportation route permits along a corridor or a
public transport route notified by the Authority;
(r) give directions to any person to desist
from operating any competing transportation system along a corridor or a public
transport route notified by the Authority;
(s) give directions to any person or agency
for not interfering in any way with a corridor, its ancillary facilities and their
smooth functioning;
(t) monitor and enforce contracts,
agreements including concession agreements, licenses or leases entered into or
granted by the Authority; and
(u) establish subsidiary companies or to
assume control of companies transferred to it by the Government.
6. Managing
Director.– (1) The
Government shall appoint Managing Director of the Authority on such terms and
conditions as the Government may determine.
(2) A person shall not be eligible for the
post of Managing Director unless the person:---
(a) holds Masters Degree;
(b) possesses
at least twenty years experience of management in public or private sector; and
(c) is
less than sixty five years of age.
(3) The Managing Director shall be the chief
executive of the Authority and shall:
(a) be a whole-time officer of the
Authority;
(b) perform such duties as may be assigned
to him and exercise such powers as may be delegated to him by the Authority;
and
(c) hold office for each term of three years
and shall remain in office for six months thereafter or until a successor in
that office is appointed, whichever is earlier.
7. Resignation
and relieving of Managing Director.– The Managing Director may, at
any time before the expiry of his term and upon three months prior notice,
resign his office, or upon similar notice, or payment of three months’ salary
and allowances in lieu of the notice, be relieved by the Government without
assigning any reason.
8. Secretary of
the Authority.–
(1) The Government shall appoint a Secretary of the Authority for a term of
three years on such terms and conditions as the Government may determine.
(2) The Secretary shall be a whole-time
officer of the Authority and shall perform such functions as may be assigned to
him by the Authority or the Managing Director.
(3) The Government may extend the term of the
Secretary beyond three years.
9. Committees.– The Authority may
constitute such committees as it may deem necessary for carrying out the
purposes of this Act.
10. Establishment
of the Fund.–
(1) There shall be established a Fund known as the Masstransit
Authority Fund which shall vest in the Authority and shall be utilized by the
Authority to meet all its expenses and charges in connection with its functions
and powers under this Act including the
payment of salaries and remuneration to its employees.
(2) The Authority shall establish an escrow
account in a scheduled bank approved by the Government and the account shall be
collectively operated by the authorized representatives of the Authority and
such service provider, as may be determined by the Authority.
(3) All monies credited in the Fund shall be
deposited with the bank approved by the Government.
(4) The Fund shall be financed by:---
(a) fees, fines and other amounts received
by the Authority;
(b) grants from the Government or any other
body or organization;
(c) foreign aid and foreign loans obtained
or raised by the Authority with the sanction of, and on such terms and
conditions as may be approved by, the Government;
(d) proceeds of all charges and income from
sale of assets, and any recovery made under this Act;
and
(e) such other sums as may be received by
the Authority.
11. Delegation.– The Authority may,
subject to such conditions as it deems appropriate, delegate to the Managing
Director or an officer of the Authority any of its powers or functions under this
Act, rules or regulations.
12. Appointment
of officers and employees.– The Authority may appoint such officers,
experts, consultants and employees as it considers necessary for the efficient
performance of its functions in such manner and on such terms and conditions as
may be prescribed by regulations.
13. Accounts.– The Authority shall
maintain proper accounts and other relevant records and prepare annual
statements of accounts in such form as may be prescribed.
14. Budget.– (1) The Authority shall
prepare, every year, in such form and at such time as may be prescribed a
budget in respect of the next financial year showing the estimated receipts and
expenditures of the Authority and shall submit the same to the Government for
approval.
(2) If the Government fails to approve or
modify the budget within thirty days of its receipt, the budget as prepared by
the Authority shall be deemed to have been approved.
15. Audit.– (1) The
Auditor General of
(2) In addition to the audit in terms of
subsection (1), the Authority shall appoint or hire services of a chartered
accountant or a firm of chartered accountants for purposes of annual audit of
its accounts.
(3) The Managing Director shall, within six
months of the close of a financial year, submit the annual statement of
accounts along with the report of the auditor to the Authority.
16. Causing
damage to property and disobedience of orders.– (1) A person who
willfully
causes damage or allows damage to be caused to any property which vests in or
is possessed by the Authority, or which is intended to be acquired by the
Authority, or unlawfully converts it to his own or any other person’s use,
shall be punishable with imprisonment for a term which may extend to three
years or with fine or with both.
(2) A person who, without
lawful excuse, fails or refuses to comply with any direction or order issued by
the Authority under this Act, shall be guilty of an offense punishable under
this section.
17. Penalty for
contravention.– If a person contravenes any provision of this Act or any rule or
regulation, he shall, if no other penalty is provided under the Act, be punishable with imprisonment for a term
which may extend to three years or with fine or with both.
18. Administrative
penalties.– (1)
Notwithstanding anything contained in this Act or any other
law, a person who, without permission of the Authority, enters into a corridor
or in any manner interferes or obstructs any corridor, masstransit vehicle or
ancillary facility, or travels or attempts to travel on a masstransit vehicle
without payment of fare, shall be liable to punishment of such fine as may be prescribed
by the rules.
(2) If a person commits an offence under
subsection (1), an officer or agent of the Authority authorized in this behalf
may, at the spot, impose the prescribed fine on such person.
(3) If the person fails to pay or deposit
the fine at the spot or in the prescribed manner, the officer authorized by the
Authority may submit a complaint against such person in the Court and such
person shall be deemed to have committed an offence under section 17 of the
Act.
19. Procedure
relating to offences.– (1) An offence
under this Act shall be non-cognizable and a Court shall not assume
jurisdiction for the offence unless an officer authorized by the Authority
submits a complaint to the Court.
(3) The Court shall try an offence under
this Act in a summary manner in terms of Chapter XXII of the Code
of Criminal Procedure, 1898 (V of 1898) but notwithstanding anything contained
in the Code, the Court may impose a punishment of imprisonment for a term not
exceeding six months or fine not exceeding one hundred thousand rupees or both.
(4) The Authority or an officer authorized
by the Authority may compound of an offence under this Act subject to the
payment of the prescribed compensation.
(5) The fine or compensation recovered from
a person under this Act shall form part of the Fund.
20. Recovery
of amounts due.– Any fine, compensation or other amount payable to the
Authority may be recovered by an officer authorized by the Authority as arrears
of land revenue and such officer shall be deemed to be a Collector for purposes
of recovery of fine, compensation or other amount.
21. Public
servants.– The
Chairperson, Vice Chairperson, members, Managing Director, Secretary, officers,
servants, experts and consultants of the Authority shall, when acting or
purporting to act in pursuance of any of the provisions of this Act, be deemed
to be public servants within the meaning of section 21 of the Pakistan Penal Code,
1860 (XLV of 1860).
22. Immunity.– No suit, prosecution or
any other legal proceedings shall lie against the Authority, the Chairperson,
Vice Chairperson, the Managing Director, any member, officer, servant, agent, expert or consultant of the Authority,
in respect of anything done or intended to be done in good faith under this Act.
23. Act to
prevail over other laws.– In the event of any conflict or inconsistency
between a provision of this Act and a provision of any other law, the
provisions of this Act shall, to the extent of such conflict or inconsistency,
prevail.
24. Restriction
on execution against property.– No property of the Government, the
Authority or any service provider which is deployed in the MTS shall be liable
to be taken in execution of any decree or order of any court or of any local
authority or person having by law the power to attach or otherwise to cause the
property to be taken in execution without the previous sanction of the
Authority.
25. Rules.– The Government may, by
notification in the official Gazette, make rules to carry out the purposes of
this Act.
26. Regulations.– (1) Subject to this Act
and the rules, the Authority may frame regulations for giving effect to the
provisions of the Act.
(2) Without prejudice to the foregoing
powers, such regulations may provide for appointment of its officers, staff,
employees and other persons, terms and conditions of their service and
performance of functions by the Authority.
27. Removal
of difficulties.– If any difficulty arises in giving effect to the provisions of
this Act, the Government may, by notification, not inconsistent with the
provisions of this Act, remove the difficulty.
28. Repeal and saving.–
(1) The Punjab Metrobus Authority Act 2012 (LVI of 2012) is hereby repealed.
(2) Notwithstanding
the repeal of the Punjab Metrobus Authority Act 2012 (LVI of 2012), anything
done or action taken under the repealed Act, shall have the effect as if the
thing is done or action taken under the Act.
(3) The Authority shall be successor in interest of the Punjab
Metrobus Authority established under the Punjab
Metrobus Authority Act 2012 (LVI of 2012) and all
assets, liabilities, employees, agents and service providers of the Punjab
Metrobus Authority shall stand transferred to the
Authority.
29. Repeal.–
The Punjab Masstransit Authority Ordinance, 2015
(XIII of 2015) is hereby repealed.
[1][1]This Act was passed by the
Punjab Assembly on 24 June 2015; assented to by the Governor of the
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home