Updated: Sunday August 28, 2016/AlAhad
Thoul Ki’dah 25, 1437/Ravivara
Bhadra 06, 1938, at 04:34:50 PM
The Railway Regulatory
Authority Ordinance, 2002
ORDINANCE XCII OF 2002
[26th October, 2002]
An Ordinance to provide for the
establishment of the Railway Regulatory Authority
WHEREAS it is expedient to foster competition, encourage
and facilitate private sector investment and participation in the development
and operation of passenger and goods trains on the railway network, protect the
public interest while respecting individual rights and provide effective and
efficient regulations and for matters connected therewith or incidental
thereto;
AND WHEREAS the President is satisfied that
circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE,
in pursuance of the Proclamation of Emergency of the fourteenth day of October,
1999, and the Provisional Constitution Order No. 1 of 1999, read with the
Provisional Constitution (Amendment) Order No.9 of 1999, and in exercise of all
powers enabling him in that behalf, the President of the Islamic Republic of Pakistan
is pleased to make and promulgate the following Ordinance:---
CHAPTER I
GENERAL
1. Short title, extent and commencement.___(1) This Ordinance may be called the Railway
Regulatory Authority Ordinance, 2002.
(2) It extends to whole of
(3) It shall, other than the provisions
referred to in the First Schedule, come into force at once. The provisions of
the First Schedule shall come into force together or separately on such date or
dates as the Federal Government may, on the advice of Authority, by order in
the official Gazette appoint.
2.
Definitions.___In this Ordinance, unless there is anything
repugnant in the subject or context,---
(a) “accident”
means an abnormal happening whether involving a train or not which results in
the disruption or likely disruption of the running of a rolling stock, whether
attended or not with loss of human lives or serious injury to property or
persons;
(b) “Act”
means the Railways Act, 1890 (Act IX of 1890);
(c) “Authority”
means the Railway Regulatory Authority established under section 3;
(d) “Chairman”
means the Chairman of the Authority and includes the Vice-Chairman when acting
in substitution thereof;
(e) “decision”
means an order, determination, direction or decision of the Authority made
pursuant to this Ordinance, rules or regulations, and “decide” shall mean the
action taken by the Authority to arrive at such decision;
(f) “emergency”
means any situation, which requires the adoption of extraordinary measures by
the Federal Government to ensure the continuity of the railway services;
(g) “goods”
include in animate thing of every kind and shall be construed as synonymous
with the terms cargo, consignment, articles and substances;
(h) “integrated
licence” means a licence which includes obligations on the licensee to
maintain, improve or upgrade railway infrastructure in terms of the relevant
licence;
(i) “license”
means, in relation to a licensed section, the grant by the Authority of
exclusive or non-exclusive operating rights for the carriage of passengers and
goods by railway and includes integrated licences;
(j) “licensed
section” means the section of railway identified in the licence within the
boundaries of which railway services may be offered by a licensee on an
exclusive or non-exclusive basis;
(k) “licensee”
means a person in whose favour a licence is granted or deemed to have been
granted, by the Authority;
(l) “licence
fee” means a fee to be paid by the licensee to the Authority with the rules;
(m) “Member”
means a Member of the Authority, including the Chairman;
(n) “policy
guidelines” means policies of the Federal Government covering or related to any
or all of the regulated activities which are issued in writing pursuant to a
decision of the Cabinet of the Federal Government or any committee thereof;
(o)
“prescribed” means prescribed by rules made under this Ordinance;
(p) “person”
includes any individual or any legal entity including any partnership, firm,
company, joint venture, trust or corporation;
(q) “railway”
has the same meaning as assigned to it under the Act and includes railway
infrastructure;
(r) “railway
administration” in the case of railway administered and operated by the Federal
Government, means the manager of the railway and includes the Federal
Government;
(s) “railway
employee” means any person engaged by a licensee for the purpose of working the
railway;
(t) “railway
infrastructure” means: (i) all the land within the fences or other boundary
marks indicating the limits of the land appurtenant to a railway; (ii) all
lines of rails, sidings or branches worked over for the purposes of or in
connection with, a railway; (iii) all stations, offices, warehouses, wharves,
workshops, factories, fixed plant and machinery and other works constructed for
the purposes of, or in connection with, a railway; (iv) water supply, sewerage,
drainage, electrical, sui gas, signal and telecommunication services and
installations used for the purpose of the railway whether these belong to or
are hired or worked by a licensee; (v) residential colonies, dwelling houses,
barracks, running rooms, rest houses or any other structure used for the
residence; (vi) the railway network; and (vii) all movable and immovable
property in relation to the foregoing;
(u) “railway
infrastructure fund” means a fund established by the railway administration
consisting of track access charges, applied to the maintenance and upgradation
of the railway infrastructure in accordance with priorities determined by the
Authority;
(v) “railway
services” means services offered by a licensee in terms of the licence or
otherwise;
(w) “railway
network” means the entire lines of rails, branches and sidings in
(x) “rate”
means as defined in the Act;
(y) “regulated
activity” means any activity that is within the powers and functions of the
Authority;
(z) “regulations”
means the regulations made under this Ordinance;
(za) “rolling
stock” includes locomotives, tenders, railcars, diesel or electric multiple
units, coaches, passenger carriages, wagons, goods, cars, trucks, cranes, track
machinery, track recording and inspection cars and trolleys;
(zb) “rules”
means the rules made under this Ordinance;
(zc) “terminal”
means as defined in the Act;
(zd) “track
access agreement” means an agreement between the railway administration in its
capacity as the railway infrastructure owner and a licensee for access to
railway infrastructure, such agreement being based on the model track access
agreement prepared and published by the Authority following discussions with
the railway administration; and
(ze) “track
access charge” means the amount, set out in the track access agreement, to be
paid by a licensee to the railway administration for access to railway
infrastructure.
CHAPTER II
ESTABLISHMENT OF THE RAILWAY
REGULATORY AUTHORITY
3. Establishment of Railway Regulatory
Authority.___(1) As soon as may be, but not later than
two months after the commencement of this Ordinance, the Federal Government
shall, by notification in the official Gazette, establish a regulatory
authority, which shall be known as the “Railway Regulatory Authority”.
(2) Subject to the provisions of this
Ordinance, the Authority shall be independent in the performance of its
functions. The Authority shall be a body corporate, having perpetual succession
and a common seal with powers to acquire and hold property, both moveable and
immovable, and to sue and be sued by its name.
(3) The Authority shall consist of a
Chairman and three Members, out of whom one shall be designated as Member
Technical, one as Member Licensing and one as Member Finance.
(4) The Chairman shall be an eminent person
of known integrity and competence with a minimum of twenty-five years of
experience in business, engineering, management or railways. The Chairman
should also be well versed in licensing procedures and regulatory matters.
(5) The Member Technical shall be a person
who holds an appropriate degree in the relevant field and is an experienced and
eminent professional of known integrity and competence with a minimum twenty
years of related professional experience in the maintenance of railway
infrastructure, its safety and strategic planning and dealing with accidents.
(6) The Member Licensing shall be a person
who holds an appropriate degree in the relevant field and is an experienced and
eminent professional of known integrity and competence with a minimum of twenty
years of relevant professional experience in the field of railway engineering,
railway operations, transport engineering or transport economics.
(7) The Member Finance shall be a person who
holds an appropriate degree in the relevant field, experienced, eminent
professional of known integrity and competence with a minimum of twenty years
of related experience in the field of corporate financing or accounting.
(8) Subject to sub-section (9),---
(a) the
Chairman shall be appointed by the Federal Government for an initial term of
five years and shall be eligible for reappointment for a similar term;
(b) the
Member Licensing shall be appointed by the Federal Government for an initial
term of four years and shall be eligible for reappointment for a term of five
years;
(c) the
Member Technical shall be appointed by the Federal Government for an initial
term of three years and shall be eligible for reappointment for a term of five
years; and
(d) the
Member Finance shall be appointed by the Federal Government for an initial term
of two years and shall be eligible for reappointment for a similar term.
(9) The Chairman and other Members shall
retire on attaining the age of sixty-five years.
(10) In case of a vacancy occurring due to
the death, resignation, retirement or removal of any Member, the Federal
Government shall appoint another qualified person within a period not exceeding
three months from the date the vacancy occurred.
(11) Any Member may resign from his office
by writing under his hand addressed to the Federal Government. The Federal
Government may remove a Member from his office if, on an inquiry by the Federal
Public Service Commission, he is found unable to perform the functions of his
office due to mental or physical disability or to have committed misconduct.
(12) Any Member may serve a maximum of two
terms.
(13) The Federal
Government shall designate one of the Members as Vice-Chairman, who shall act
as Chairman at any time during which the Chairman for any reason is incapable
of exercising the Chairman’s powers or performing the Chairman’s duties and
when so acting, the Vice-Chairman shall exercise the powers and perform the
duties imposed on the Chairman by this Ordinance.
4. Meetings of the Authority.(1) The Chairman and two other Members shall
constitute a quorum for a meeting of the Authority requiring a decision by the
Authority.
(2) The decisions of the Authority shall be
taken by the majority of its Members and in case of a tie, the Member presiding
shall have an additional vote.
(3) All decisions of the Authority shall be
in writing and shall identify the decision of the Chairman and other members
separately.
(4) No act, proceeding or decision of the
Authority shall be invalid by reason only of the existence of a vacancy or
defect in, the constitution of the Authority.
(5) The Chairman shall call all meetings of
the Authority. The Chairman shall also call meetings of the Authority
immediately on being requested in writing to do so by another Member of the
Authority.
(6) Each Member shall have reasonable notice
of the time, place and matter on which a decision shall be taken.
5. Remuneration and conflict of interest.(1) The Members shall be paid such
remuneration and allowances and shall be entitled to such privileges and
facilities for their respective terms of office as may be determined by the
Federal Government in advance of their appointment which shall not be varied to
their disadvantage during their term in office.
(2) No person shall be appointed by the
Federal Government as a Member if such person has any direct or indirect
financial interest in, or has any connection which might reasonably be viewed
as giving rise to a conflict of interest with, any person involved in any
regulated activity. No person appointed as a Member shall during his term in
office have or maintain any direct or indirect financial interest in any person
involved in any regulated activity. Members shall not at any time during their
term of office engage themselves in any other services, business, vocation or
employment with any other person.
(3) No Member shall
take part in any decision, if such Member is in any way, whether directly or
indirectly, concerned or interested in the decision, nor shall such Member’s
presence count for the purpose of forming a quorum at the time of any such
decision.
(4) Every Member who knowingly contravenes
any of the provisions of sub-sections (2) and (3) shall, on inquiry by the
Federal Public Service Commission, be guilty of misconduct.
(5) Subject to sub-section (6), it shall not
be lawful for any Member, for so long as he holds office and for a period of
two years thereafter, to seek or hold any office or employment nor to acquire
or purchase (whether in his name or otherwise) any interest in any corporation,
partnership, trust, firm or company carrying on,--
(a) business in any regulated activity; or
(b) the business of providing professional
or advisory services to any person undertaking any regulated activity.
(6) A Member may, before the expiration of
two years after he has ceased to hold that office, enter into the employment of
or accept any professional or advisory relationship with any corporation,
partnership, trust, or company, carrying on business in any phase of a
regulated activity, provided he has obtained written approval of the Federal
Government which shall not be unduly denied.
(7) A Member shall not be in contravention
of subsections (2) and (3), if he is receiving any pension benefits, while
serving the Authority, due to him from a prior employment with any person.
6. Recruitment of employees.(1) The Authority may, from time to time,
employ officers, members of its staff, experts, consultants, advisors, and
other employees on such terms and conditions, as it may deem fit.
(2) The Authority shall make regulations for
appointment, promotion, termination and other terms and conditions of
employment of persons employed under subsection (1).
7. The Chairman, Members, employees,
experts, consultants and advisers not to be civil servants.The Chairman, Members, employees of the
Authority or experts, consultants or advisers employed by the Authority shall
be governed by the terms and conditions of their appointment and shall not be
deemed to be civil servants within the meaning of the Civil Servants Act, 1973
(Act LXXI of 1973).
8. Chairman, etc., to be public servants.---The Chairman, members, employees, experts,
consultants and advisers of the Authority shall, when acting or purporting to
act in pursuance of any of the provisions of this Ordinance or the rules or
regulations, be deemed to be public servants within, the
meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).
9.
General powers and functions of the Authority.(1)
In addition to such other powers and functions as may be imposed on it or
transferred under or by virtue of this Ordinance, the Authority shall be
exclusively responsible for granting licences and for the carrying out of
regulated activities and regulating such activities.
(2) Without prejudice to the generality of the
foregoing, the Authority shall,---
(a) promote
and protect the interests of railway users through fair competition;
(b) promote
the provision of efficient and competitive railway services;
(c) approve
the terms of track access agreements;
(d) ensure
that the terms and conditions of licences are being strictly complied with by
the licensees;
(e) approve
the railway infrastructure usage plan (time-tabling) to be submitted by the
railway administration keeping due margins for maintenance and rehabilitation
works;
(f) carry
out periodic inspections of the railway infrastructure for ensuring safety of
train operations;
(g) in the
case of a licence that is not an integrated licence, in consultation with the
railway administration, carry out strategic planning for improvement,
upgradation and modernization of the railway infrastructure for implementation
by railway administration and monitoring the progress thereof;
(h) in the
case of an integrated licence, in consultation with the railway administration,
carry out strategic planning for improvement, upgradation and modernization of
the railway infrastructure for implementation by the licensee and monitoring
the progress thereof;
(i)
determine the limitation of employment of railway employees to ensure the safe
running of trains;
(j) subject
to section 13, determine rates;
(k) approve
terminals;
(l)
recommend to the Federal Government, any or all measures necessary for
enhancing the role of the railway in the national transportation;
(m)
prescribe technical standards for the railway infrastructure and the rolling
stock and for the testing thereof;
(n) review
the parameters of the rolling stock and approve the same or direct such
modifications as may be necessary from a safety point of view;
(o) resolve
disputes between parties to track access agreements and disputes between
licensees;
(p) subject
to section 40, make rules;
(q) subject
to section 41, make regulations;
(r)
prescribe a uniform form of accounts and accounting practices to be complied
with by licensees;
(s)
sanction the opening or re-opening of a section of the railway network after
ascertaining the fulfilment of prescribed pre-conditions;
(t) direct
the closing of a section of the railway network or the discontinuation of a
particular rolling stock or restoration of the same;
(u)
sanction the use of any rolling stock on the railway network after ascertaining
their suitability and conformance to the prescribed standards;
(v) make
such periodic or other inspections of the railway network or of any rolling-stock
used thereon as it may deem necessary;
(w) require
licensees to furnish, on a periodical basis, not less than one year, operating
and financial results and such other information as may be necessary;
(x)
prescribe fines for contravention of the provisions of this Ordinance, rules,
regulations, decisions and terms and conditions of a licence;
(y) make
inquiry into the cause of any accident on a railway;
(z) by an
order in writing require the attendance before the Authority of any person and
to require answers or returns to such inquiries as the Authority thinks fit;
(za) where
the Authority deems it appropriate, obtain loans, grants and make investments;
(zb) where
the Authority deems it appropriate, form and hold interests in companies for
the purpose of facilitating the performance of any power and functions as may
be imposed on it or transferred under or by virtue of this Ordinance; and
(zc) perform any other function or exercise power as may be
incidental or consequential to the performance of any of its functions or the
exercise of any of its powers.
(3) The Authority shall impose and collect
such fees and other charges in respect of its functions as may be determined,
from time to time, by the Authority in accordance with the rules.
10. Delegation of powers.- The Authority may, by general or special
order, delegate to any officer of the .Authority the power to exercise on
behalf of the Authority any of its powers, duties or functions under this
Ordinance subject to such conditions as it may think fit to impose:
Provided that the powers of the Authority to
grant licences and to issue orders pursuant to section 22, shall only be
exercised in a meeting of the Authority.
CHAPTER III
LICENSING
11.
Exclusive power to grant licences.(1) The Authority shall have the
exclusive-power, to be exercised in the manner prescribed in the rules, to,---
(a)
determine the licensed section; and
(b) grant,
issue, renew, extend, modify, amend, transfer, suspend, review, cancel and
reissue, revoke or terminate, a licence.
(2) The Authority shall from time to time
designate as eligible for provision under a licence such services for the
carriage of passengers and goods by railway as it may consider appropriate.
12. Bidding for licence.
The person in whose
favour a licence is to be granted shall be selected by the Authority following
a transparent and competitive bidding process carried out by the Authority in
accordance with the rules.
13. Rates and approved discount schemes.
(1) A licence may
include provision with respect to rates to be charged for railway services.
(2) The Authority shall ensure that in the
case of a licensee enjoying a monopolistic position, the licence contains such
provisions necessary for the purpose of securing that any rates which are to be
charged are, in the opinion of the Authority, reasonable in all the
circumstances of the case.
14. General
terms and conditions of licences.(1) A licence may include such conditions as
appear to the Authority to be requisite or expedient having regard to the
powers and functions imposed on or transferred to the Authority under or by
virtue of this Ordinance.
(2) Without prejudice to the generality of
sub-section (1), a licence may provide for,---
(a) the
rendering to the Authority by the licencee of payments of such amounts and at
such intervals as may be specified in, or determined by or under, the licence;
or
(b) the
payment, from the railway infrastructure fund, to the licencee of such amounts
and at such intervals as may be specified in, or determined by or under, the
licence.
(3) All licensees shall pay to the Authority
a licence fee.
15. Failure to secure subsequent licence.
In any case where,---
(a) a
licence is terminated or comes to an end; and
(b) no
further licence has been entered into in respect of the railway services
formerly provided under that licence,
the Authority shall have the power to secure the operation of
those railway services until such time as it again begins to be operated under
or by virtue of a licence.
16. Railway administration as deemed
licensee.
The railway
administration shall be deemed to have been granted by the Authority, on a non-exclusive
basis, licences on terms and conditions to be notified from time to time, by
the Authority, in relation to all licensed sections unless a licence provides
otherwise.
17. Transfer and assignments of licences.
(1) No licence shall
be transferred or assigned without the consent in writing of the Authority. The
Authority may consent or refuse the transfer or assignment of a licence.
(2) Any consent under sub-section (1) may be
subject to such conditions, restrictions and stipulations as the Authority
thinks fit to impose, which may include conditions modifying, or requiring or
otherwise providing for the making of modifications to, the conditions of the
licence.
(3) An application for the transfer or
assignment of a licence shall be submitted to the Authority on the prescribed
form and in accordance with the regulations.
(4) An application under sub-section (3)
shall be accompanied by the prescribed fee, if any.
(5) A transfer or
assignment of a licence shall have no effect until the Authority has consented
to such transfer or assignment.
CHAPTER IV
TRACK ACCESS
18. Directions by the Authority.(1) The Authority may, on application of a
licensee, give directions to the railway administration requiring it to enter
into a track access agreement, but no such directions shall be given if and to
the extent that,---
(a)
performance of the track access agreement, if entered into, would involve the
railway administration in being in breach of a track access agreement; or
(b) as a
result of an obligation or duty owed by the railway administration which arose
before the coning into force of this Ordinance, the consent of some other
person is required by the railway administration before entering into the track
access agreement.
19. Approval of track access agreements,
The railway
administration shall not enter into a track access agreement unless it does so
pursuant to directions issued under section 18 and such track access agreement
has been approved by the Authority.
20. Amendments to track access agreements.(1) Any amendment, or purported amendment,
of a track access agreement shall be void unless the amendment has been
approved by the Authority.
(2) Subject to sub-section (1), the
Authority shall have the power to direct or otherwise require amendments to be
made to a track access agreement.
CHAPTER V
ENFORCEMENT
21. Facilities to be afforded to the
Authority. The licensees shall afford to the Authority
all reasonable facilities for performing the duties and exercising the powers
imposed and conferred upon it under or by virtue of this Ordinance.
22. Securing compliance with decisions etc.
(1) Where the licensee
is contravening or likely to contravene any decision the Authority shall make
such order as is requisite for the purpose of securing compliance with that
decision, including but not limited to an order terminating the licensee’s
licence or appointing one or more competent persons to manage the affairs of
the licensee for purposes of ensuring compliance with the Authority’s order.
(2) Before making any
order under sub-section (1), the Authority shall give notice to the person against
whom the order may be directed,---
(a) stating
that it proposes to make the order and setting out its effects;
(b) setting
out the acts or omissions which constitute or would constitute contraventions
of the decision;
(c) setting
out any other facts which justify the making of the order; and.
(d)
specifying the period within which representations or objections with respect
to the proposed order may be made, and shall consider any such representations
or objections which are duly made and not withdrawn.
(3) Any person appointed by the Authority
pursuant to subsection (I) shall not be liable for any loss or damages caused
by any act or omission where such act or omission occurs in the performance of
his duties.
CHAPTER VI
EMERGENCY
23. Emergency.
In the event of any
emergency, the Federal Government may, by an order in writing issued by a
Federal Secretary, require the Authority and Authority shall thereby be
empowered to issue directions to any licensee to provide specified number of
train services or suspend the same, provided that appropriate compensation
shall be paid to the respective licensee by the Federal Government through the
Authority.
CHAPTER VII
REGISTERS AND REPORTS
24. Keeping of registers.
The Authority shall,
at such premises and in such form as it may determine, maintain a register or
registers setting out therein,---
(a) every
licence;
(b) every
track access agreement, and
(c) every
amendment or modification made to a licence or track access agreement.
25. Submission
of yearly report, returns, etc.The Authority shall submit to the Federal
Government, and publish, as soon as possible after the end of every financial
year but before the last day of December the next following year,---
(a) a
report on the conduct of its affairs for that financial year, including
anticipated developments for the following financial year; and
(b) a
report on the state of the railway industry in
CHAPTER VIII
BUDGET AND ACCOUNTS
26. Budget and accounts.(1) The Authority, in respect of each
financial year, shall prepare its own budget in accordance with prescribed
procedures and shall maintain complete and accurate books of accounts of its
actual expenses and receipts, and of the Railway Regulatory Authority Fund.
(2) The accounts of the Authority shall be
audited annually by the Auditor-General of
27. Railway Regulatory Authority Fund.- (1) There shall be a fund to be known as the
“Railway Regulatory Authority Fund” which shall vest in the Authority and shall
be utilized by the Authority to meet its expenses and charges properly incurred
in connection with the carrying out of its functions and duties imposed or
transferred to it under or by virtue of this Ordinance, including without
limitation the payment of salaries and other remuneration to the Chairman,
Members, employees, experts, consultants and advisors of the Authority.
(2) The Railway Regulatory Authority Fund
shall consist of:---
(a) seed
money of rupees fifty millions by the Federal Government;
(b) charges
and fees including licence fees assessed and collected by the Authority to
recover the reasonable costs of regulated activities under this Ordinance;
(c) fines
and other penalties imposed and collected by the Authority as specified under
this Ordinance;
(d)
proceeds received by the Authority from the sale of data, publications,
reports, maps, and other information;
(e) loans
obtained by the Authority, with the prior written approval of the Federal
Government; and
(f)
proceeds of any investments made by the Authority in utilising any amounts of
the Railway Regulatory Authority Fund which are not required for immediate use.
CHAPTER IX
POLICY GUIDELINES
28. Powers of the Federal Government to
issue policy guidelines.--(1)
The Federal Government may, as and when it considers necessary, issue policy
guidelines to the Authority on matters of policy not inconsistent with the
provisions of this Ordinance or the rules. The Authority shall comply with the
policy guidelines in the exercise of its powers and functions and in making
decisions.
(2) Without prejudice to the generality of
the foregoing, the Federal Government may issue policy guidelines in relation
to,---
(a) defence
traffic to be carried over the railway network;
(b)
restriction on the grant of licenses on considerations of national security;
and
(c)
continuation of a minimum number of passenger and goods services on certain
sections of the railway on socio-economic considerations provided that the
Federal Government will pay appropriate compensation through the Authority for
running such unremunerative trains to the licensee.
CHAPTER X
OFFENCES
29. Offences.(1) Any person who,---
(a)
undertakes any regulated activity in contravention of this Ordinance, rule,
regulation or terms of a licence;
(b)
prevents or obstructs the smooth and efficient running of trains;
(c)
prevents, obstructs or interferes with the working of the Authority or any of
its employees;
(e)
damages, removes, interferes or tampers with any rolling stock, railway
infrastructure, equipment or installation;
(f) other
than railways employee or a another person authorised in this behalf by a
licensee, opens any gate or chain or barrier set up on either side of a level
crossing, which is closed for the time being to road traffic;
(g) breaks
any gate or chain or barrier set up on either side of a level crossing;
(h) is
driving a vehicle fails to stop when required to do so or take due care when
crossing a level crossing;
(i) crosses
a railway network at place other than a manned or unmanned level crossing;
(j) sells
articles of whatsoever description on any train without the prior written
consent of the relevant licensee;
(k)
assaults or intentionally obstructs a licensee from carrying out its
obligations under a licence;
(l)
endangers the safety of any person,-
(i) by
contravening any provision of this Ordinance or any rule or regulation notified
hereunder; or
(ii) by
contravening or not complying with any decision;
(m)
provides any information, recorded or documents to the Authority pursuant to a
decision of the Authority or otherwise, which information, record or document
is false to the knowledge of the person providing the same;
(n)
intentionally obstructs an officer of the Authority in exercise of his
functions or powers under this Ordinance in relation to the inspection of any equipment
or any premises or enquiry into the causes of an accident; and
(o) aids,
abets, counsels, conspires, incites or attempts the commission or omission of
any offences referred to in clauses (a) to (n) above,
shall
be guilty of an offence under this Ordinance and shall be punishable with
imprisonment which may extend to five years or a fine of rupees twenty thousand
or with both.
(2) If a licensee
fails to comply with any provision of this Ordinance, it shall pay the
Authority a sum of rupees twenty thousand and in case of continued default,
rupees one thousand for every day the default continues.
(3) If a licensee refuses or neglects to
comply with any decision of the Authority, it shall pay the Authority a sum of
rupees twenty thousand and in case of continued default, rupees one thousand
for every day the default continues.
(5) Where the accused is a company
incorporated or registered under the Companies Ordinance, 1984 (Ordinance
XLVII of 1984), every director, chief executive and officer of such company
who knowingly allows the commission of any offence under this Ordinance, shall
be liable to the punishment specified in sub-section (1).
(6) Nothing contained herein shall authorise
punishment of any person for,---
(a) an act
or omission that was not punishable by law at the time of the act or omission;
or
(b) an
offence by a penalty greater than or of a kind different from, the penalty
prescribed by law for that offence at the time the offence was committed;
CHAPTER XI
MISCELLANEOUS
30. Power to call for information.The Authority may call for any pertinent
information required by it for carrying out the purposes of this Ordinance from
any person involved, directly or indirectly in the provision of any regulated
activity or any matter incidental or consequential thereto. Any person called
upon to provide such information shall do so within the period prescribed by
the Authority and his failure to do so shall be punishable by the imposition of
such penalty as may be prescribed.
31. Inspection by public.(1) Subject to section 37, the Authority
shall maintain public files that shall be kept open in convenient form for
public inspection and examination during reasonable business hours, on payment
of such reasonable fees as the Authority may prescribe.
(2) Subject to procedures and standards for
confidentiality prescribed by the Authority, the Authority’s files shall
include all relevant documents to be maintained and indexed as the Authority
deems fit.
32. Authority
hearing.Unless otherwise expressly provided in this
Ordinance or any rule or regulation, any decision that the Authority has the
power to make may be made on its own motion or initiative after the holding of
a meeting of the Authority, and without giving of notice to the public and
without holding a hearing:
Provided that, if it appears to the
Authority that its decision relating to a regulated activity may directly and
adversely affect the rights of a person, the Authority shall, prior to reaching
the decision, give the person an opportunity of being heard, including
presentation of evidence relevant to the decision.
33. Complaints.(1) Any interested person may file a written
complaint with the Authority against a licensee, for contravention of any
provision of this Ordinance, rule, regulation, licence or track access
agreement.
(2) The Authority shall, on receipt of a
complaint, provide an opportunity to the complainant as well as to the person
against whom such complaint has been made to state its case before making a
decision thereon.
34. Appeals against order of a delegatee.Any person aggrieved by any order or
decision of the delegatee of a power delegated by the Authority under section
10 may appeal, within thirty days of the receipt of such decision or order, to
the Authority and the Authority shall hear and decide on the appeal within
ninety days from the date of its presentation.
35.
Review of Authority decision.The
Authority may review, rescind, change, alter or vary any decision, or may
rehear an application before deciding it in the event of a change in
circumstances or the discovery of evidence which in the opinion of the
Authority, could not have reasonably been discovered at the time of the
decision, or,(in the case of a rehearing) at the time of the original hearing
if consideration of the change in circumstances or of the new evidence would
materially alter the decision.
36. Recovery of arrears.All fees, fines or other amounts due or
payable to the Authority may be recovered as arrears of land revenue.
37.
Confidential information.(1)
Except as provided under the regulations, no person shall communicate or allow
to be communicated any record, return or information obtained under this
Ordinance to a person not legally entitled to that information or allow any
person not legally entitled to that record, return or information to have
access to any record, return or information obtained under this Ordinance.
(2) A person who knowingly receives the
record, return or information obtained under this Ordinance shall hold the
record, return, or information subject to the same restrictions
under sub-section (1) as apply to the person from whom the record, return or
information was received.
38. Immunity. Except as expressly provided in this
Ordinance, no suit, prosecution or other legal proceedings shall lie against
the Authority, the Chairman or any member, employee, expert, consultant or
advisor of the Authority in respect of anything done or intended to be done in
good faith under this Ordinance, the rules or regulations.
39. Winding-up of the Authority.No provision of any law relating to winding
up of body corporates shall apply to the Authority. The Authority shall only be
wound up by Ordinance or Act of Parliament.
40.
Power to make rules. (1)
The Authority may, with the approval of the Federal Government, which approval
shall not be unduly delayed or unreasonably withheld, make rules for carrying
out the purposes of this Ordinance. On approval of rules by the Federal
Government, the Federal Government shall notify the same in the official Gazette.
(2) Without prejudice to the generality of
the foregoing powers, such rules may provide for all or any of the following
matters, namely:---
(a)
determination (where applicable) of rates, terminals and tariffs for regulated
activities;
(b) the
terms and conditions for the grant, extension, modification, amendment,
issuance, renewal, suspension, review, cancellation and reissue, revocation
termination or transfer of a licence and including provision of information or
records:
(c)
provision of fines and penalties for offences and contravention of this
Ordinance, the rules, the regulations and terms and conditions of licences;
(d)
promoting fair competition;
(e)
inspection and audit of regulated activities;
(f) review
of the decisions of the Authority;
(g) abandonment
of a regulated activity;
(h) access
and inspection by the Authority of the regulated activities and provision of
penalties for preventing the Authority to carry out inspection;
(j)
enforcing the terms and conditions of licences and decisions of the Authority;
and
(k) any
other matter incidental or consequential to the implementation of the purposes
of the Ordinance.
(3) The power to make rules conferred by
this section, except for the first occasion, shall be subject to the condition
of previous publication.
41. Power to make regulations.---(1) The Authority may, by notification in
the official Gazette, make regulations, consistent with the provisions of this
Ordinance or the rules, for the carrying out of its functions under this
Ordinance.
(2) In particular and without prejudice to
the generality of the foregoing powers, such regulations may provide for all or
any of the following matters, namely:---
(a)
maintenance and submission of records by any person involved directly or indirectly
in a regulated activity and the inspection of the records by the Authority;
(b)
establishment of technical standards and their monitoring for the design,
construction, testing, operation, maintenance and abandonment of a regulated
activity;
(c) administration
of the Railway Regulatory Authority Fund;
(d)
procedure for carrying out bidding for licenses;
(e)
procedure for closing and opening a section of the railway network;
(f)
establishment of terms and conditions of employment and remuneration policies
for staff, consultants and advisors of the Authority;
(g)
procedure for resolving disputes amongst the licenses and the signatories to
the track, access agreement;
(h) rules
of practice, processes and procedures for carrying out the functions of the Authority;
(i)
limitation of employment of railway employees;
(j)
procedure for appeal of decision of order made by delegatees pursuant to
section 10;
(k)
prescription of forms and procedures for an application for a regulated
activity and the time for submission;
(l)
procedure for sanctioning the use of rolling stock on the railway network: and
(m) any
other matter incidental or consequential to the implementation of the functions
of the Authority.
42. Ordinance to override other laws.(1) The provisions of this Ordinance, the
rules and the regulations, and any licences issued hereunder shall have effect
notwithstanding anything to the contrary contained in any other law, rule or
regulation, for the time being in force, and any such law, rule or regulation
shall, to the extent of any inconsistency cease to have any effect on the
commencement of this Ordinance and the Authority shall, subject to the
provisions of this Ordinance, be exclusively empowered to determine the matters
in its jurisdiction as set out in this Ordinance.
(2) Nothing in this Ordinance, or any repeal
or amendment effected thereby, shall affect or be deemed to affect anything done,
action taken, proceedings commenced, directions given, instruments executed or
orders, rules or regulations issued under or in pursuance of any law repealed
or amended by this Ordinance and any such things, actions, proceedings,
directions, instruments or orders shall, if in force on the commencement of
this Ordinance, continue to be in force and have effect as if the same were
respectively done, taken, commenced, given, executed or issued under this
Ordinance.
43.
Certification of public purpose for compulsory acquisition of land.The
Authority may in the manner and on such terms and conditions, as may be
prescribed in the rules, on an application by a licensee, certify that the
requirement of a licensee to acquire a property is for a public purpose. For
the purposes of the Land Acquisition Act, 1894 (Act I of 1894), the certificate
of the Authority shall be conclusive proof that the proposed acquisition for
such licensee is for a public purpose.
CHAPTER XII
AMENDMENTS, SAVINGS etc.
44. Amendment of laws and savings.(1) The provisions of the laws mentioned in
the Second Schedule shall stand amended to the extent specified therein.
(2) The Federal Government may from time to
time, by notification in the official Gazette, deem such rules and regulations
made and notified under the Act as rules and regulations made and notified
under this Ordinance.
45. Removal of
difficulties.If any difficulty arises in giving effect to
any provision of this Ordinance, the Federal Government may make such order not
inconsistent with the provisions of the Ordinance, as may appear to it to be
necessary for the purpose of removing the difficulty, provided that no such
order shall be made after the expiry of two years from the promulgation of this
Ordinance.
FIRST SCHEDULE
(See subsection (3) of section 1)
In Part I of the Second Schedule, in
paragraph 1,
(a) in
subparagraph (2), clause (g) of section 3, sections 4, 5, 6, 16, 17, 18, 19,
20, 21, 22, 23, 24, 25, 42B, 43, 44, 47, 52, 71-A, 71-B, 71-C; 71-D, 71-E,
71-F, 71-G and 71-H;
(b) in
subparagraph (6), clause (a) and sub-clause (ii) of clause (b);
(c) in
subparagraph (7), sections 53, 54, 62, 72, 84, 85, 94, 134; and
(d)
subparagraphs (9), (10), and (17).
SECOND SCHEDULE
(See section 44)
ENACTMENTS AMENDED
PART I
1. In the Railways Act, 1890 (IX of
1890) (1)
for section 3, the following shall be substituted, namely:-
* “3. Definitions. In
this Act, unless there is anything repugnant in the subject or context,---
(a) “accident”
means as defined in the Ordinance;
(b) “Authority”
means as defined in the Ordinance;
(c) “Collector”
means the chief officer in charge of the land-revenue administration of a
district, and includes any officer specially appointed by the Provincial
Government to discharge the functions of a Collector under this Act;
*See the Volume no. III Railway Principal Act, (Definitions).
(d)
“ferry” includes a bridge of boats, pontoons or rafts, a swing bridge, a
flying bridge and a temporary bridge, and the approaches to, and landing places
of, a ferry;
(e) “goods”
means as defined in the Ordinance;
(f) “inland
water” means any canal, river, lake or navigable water;
(g) “Inspector”
means an Inspector of Railways appointed under this Act;
(h) “licence”
means as defined in the Ordinance;
(i) “licensee”
means as defined in the Ordinance;
(j) “one
kilogram” means a weight of one thousand grams, each gram being a weight of one
thousand milligrams;
(k) “Ordinance”
means the Railway Regulatory Authority Ordinance, 2002 (XCII of 2002);
(l) “pass”
means an authority given by a licensee, or by a person appointed by such
licensee in this behalf, and authorizing the person to whom it is given to
travel gratuitously on a train operated by that licensee;
(m) “railway”
means a railway, or any portion of a railway, for the public carriage of
passengers, animals or goods, and includes,---
(i) all
land within the fences or other boundary-marks indicating the limits of the
land appurtenant to a railway;
(ii) all
lines of rails, sidings, or branches worked over for the purposes of, or in
connection with, a railway;
(iii) all
stations, offices, warehouses, wharves, workshops manufactories, fixed plant
and machinery and other works constructed for the purposes of, or in connection
with, a railway:
(iv) all
ferries, ships, boats and rafts which are used on inland waters for the
purposes of the traffic of a railway and belong to or are hired or worked by
the authority administering the railway; and
(v) railway
infrastructure, as defined in the Ordinance
(n) “railway
administration” means as defined in the Ordinance;
(o)
“railway company” includes any persons, whether incorporated or not, who are
owners or lessees of a railway or parties to an agreement for working a
railway;
(p) “railway
employee” means as defined in the Ordinance;
(q) “rate”
includes any fare, charge or other payment for the carriage of any passenger
animal or goods;
(r) “rolling-stock”
means as defined in the Ordinance;
(s) “terminals”
includes charges in respect of stations, sidings. wharves, depots, warehouses,
cranes and other similar matters and of any services rendered thereat;
(t) “through
traffic” means traffic which is carried over the railways of two or more
railway administrations;
(u) “ticket”
includes a single ticket, a return ticket and a season ticket;
(v) “traffic”
includes rolling-stock of every description, as well as passengers, animals and
goods; and
(w) “tramway”
means a tramway constructed under the Tramways Act, 1886 (XI of 1886), or any
special Act relating to tramways.
(2) clauses (g) and (o) of section 3,
sections 4, 5, 6, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 42, 42A, 42B, 43, 44,
subsection (2) of sections 46, 46A, 47, 48, 49, 50, 51, 51A, 52, 71A, 71B, 71C,
71D, 71E, 71F, 71G, 71 H, 88, 90 and 91 shall be omitted.
(3) for the words “railway servant” wherever
occurring the words “railway employee” shall be substituted;
(4) in sections 7, 8, 9, 10,.11, 12, 13, 14,
15, 45, 46, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 68, 69, 71,
72, 73, 74, 75, 76, 77, 78, 80, 82A, 85, 108, 109, 111, 112, 113, 113A, 114,
115, 118, 119, 122, 125, 130A, 136, 137, 138, 140, 141 and 148, for the words “railway
administration: or “administration” wherever occurring, the word “licensee”
shall be substituted;
(5) in section 7,---
(a) in
sub-section (1),---
(i) for
words and commas “and subject also, in the case of a railway company, to the
provisions of any contract between the company and the Government, a railway
administration may, for the purpose of constructing a railway or the
accommodation or other works connected therewith, and notwithstanding anything
in any other enactment for the time being in force” the
words and commas “and subject also, in the case of licensees, to the Provisions
of their licence, a railway or the accommodation or other works connected
therewith, and notwithstanding anything in any other enactment for the time
being in force” shall be substituted; and
(ii) for
clause (f) the following shall be substituted, namely:-
“(f)
subject to the terms of a licence, do all other acts necessary for making,
maintaining, altering or repairing and using the railway”; and
(b) for
subsection (2), the following shall, be substituted, namely:-
“(2) The exercise of the powers conferred on
a licensee by sub-section (1) shall be subject to the control of the Federal
Government or, the Authority, as the case may be.”;
(6) in section 9,---
(a) in
sub-section (1), for the words “Federal Government” the word “Authority” shall
be substituted; and
(b) in
sub-section (2),---
(i) after
the word “Government” occurring for the first time, the word and comma “or the
Authority, as the case may be” shall be inserted;
(iii) for
the words “Federal Government” occurring for the second and third time, the
word “Authority” shall be substituted; and
(iv) after
the word “ sub-section” the words “or a licence” shall be inserted.
(7) in sections 13,46, 53, 54, 55, 62, 63,
72, 84, 85, 87, 89, 92, 93, 94, 95, 96, 98, 134 and 136, or the words “Federal
Government” or “Government” wherever occurring the word “Authority” shall be
substituted.
(8) after section 14, the following new
section shall be inserted, namely:---
“14A. The term “licensee” as used in this Chapter means the railway
administration or such other licensee who is the holder of an integrated
licence the terms of which shall make it the duty of such licensee to carry out
the functions set out in this Chapter.”,
(9) in section 54, in sub-section (1), for
the words “this Act or with any general rule there under” the words “with its
powers and functions” shall be substituted;
(10) in section 71, in
sub-section (1), for the words figures, commas, brackets and letter “under
section 47, sub-section (1), clause (d)” the words “by rules” shall be
substituted;
(11) in Chapter VII, for the title the
following shall be substituted, namely:---
“RESPONSIBILITY OF LICENSEES AS CARRIERS”
(12) in section 72, in sub-section (1),
after the word “Act” occurring for the first time, the words “and the Ordinance”
shall be inserted;
(13) for section 83, the following shall be
substituted, namely:---
“83. Report of the railway accidents.- When any of the following accidents occur in
the course of working a railway, namely:---
(a) any
accident attended with loss of human life, or with grievous hurt as defined in
the Pakistan Penal Code (Act XLV of 1860), or with serious injury to property,
(b) any
collision between trains of which one is a passenger train;
(c) the
derailment of any train carrying passengers or of any part of such train;
(d) any
accident of a description usually attended with loss of human life or with such
grievous hurt as aforesaid or with serious injury to property; and
(e) any
other accident which the Federal Government on advice of the Authority may
notify in this behalf in the official Gazette;
the licensee working in the railway and, if such accident
happens to a train belonging to any other licensee, the other licensee also
shall, without unnecessary delay, send notice of the accident to the Federal
Government and the Authority and the station-master nearest to the place at
which the accident, occurred or, where there is no station-master, the railway
employee incharge of that section of the railway on which the accident occurred
shall, without unnecessary delay give notice of the accident to the nearest
Judicial Magistrate, in which the accident occurred, and the officer incharge
of the police station within the local, limits of which it occurred, or to such
other Magistrate and police officer the Federal Government appoints in this
behalf.”;
(14) in section 84,---
(a) after
the word “Act” a comma and the words “, the Ordinance” shall be inserted; and
(b)
in clause (c), for the word “Inspectors” the words “the Authority” shall be
substituted;
(15) in section 87, for the words “a railway
company” the words “the railway administration and a licensee who is the holder
of an integrated licence” shall be substituted;
(16) in sections 89, 92, 93 to 98, for the
words “railway company” wherever occurring the word “licensee” shall be
substituted;
(17) in section 92, the words and figure “section
52 or” shall be omitted:
(18) in section 93, for the word “wagon or
truck” wherever occurring the words “rolling stock” shall be substituted;
(19) in section 101,---
(a) in
clause (a), after the word “Act” the words “or Ordinance” shall be inserted;
and
(b) after
clause (d), the following shall be added, namely:-
“(e) by
disobeying any provision of this Act or the Ordinance,”;
(20) in section 103, after the figure “84”,
the words “or the Ordinance” shall be added;
(21) in section 105, after the word “Act”
the words “or the Ordinance” shall be inserted;
(22) in section 120, for the words “railway
carriage” the words “roll stock” shall be substituted;
(23) in section 134, in sub-section (1),
after the word “Act” the words “or the Ordinance” shall be inserted; and
(24) for section 147, the following shall be
substituted, namely:---
“147. Power to exempt railway from the
operation of the provisions of the Act. -The Provincial
Government, in relation to sections 8A and 11 and the Federal Government or the
Authority, as the case may be, in relation to the remaining provisions of the
Act, may, by notification in the official Gazette, exempt any railway from the
operation thereof.”
2. In the
(1) for the preamble,
the following shall be substituted, namely:--
“Whereas it is expedient to provide for the
constitution and regulation of the Pakistan Railways Police for the safety of
passengers and goods transported by licensees, the protection of Railway, the
prevention, inquiry and investigation of offences committed in relation to
Railway and for the matters connected therewith;”;
(2) in section 2, after clause (j), the
following shall be inserted:---
“(ja) “railway
employee” means railway employee as defined in the Railway Regulatory Authority
Ordinance, 2002 (XCII of 2002);”;
(3) for the words “railway servant” wherever
occurring the words, “railway employee” shall be substituted;
(4) in section 9, in sub-section (3), for
the words “Pakistan Railways” the word “Railway” shall be substituted;
(5) in section 15, the words “the Chief
Executive or” shall be omitted”; and
(6) for section 18, the following shall be
substituted, namely:---
“18. Power to make regulations.The Inspector-General may, with the prior approval in writing of the Federal Government, make regulations consistent with this Act and the rules.”
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