Chapter I Chapter I

Preliminary

1. (1) This Act may be called the Andhra Pradesh Municipal Tramways (Construction, Operation and Maintenance) Act, 2008.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall be deemed to have come into force on the 30th June, 2008.

In this Act, unless the context or subject otherwise requires

1. (1) "agreement" means an agreement entered into between the State Government and any person under section 5 for the development, construction, management, operation and maintenance of a tramway system in a municipal area and includes any subsequent agreement amending, varying, extending or substituting that agreement;
2. (2) "carriage" means, a carriage or coach (whether powered or not) utilized for carrying passengers, or luggage in a tramway system;
3. (3) "claims commissioner" means a claims commissioner appointed under section 38;
4. (4) "company" means a company as defined in Section 3 of the Companies Act, 1956 ( Central Act No.1 of 1956);
5. (5) "electric line" shall have the meaning assigned to it under Clause (20) of section 2 of the Indian Electricity Act, 2003 (Central Act No. 36 of 2003);
6. (6) "fare" means the charges levied for the carriage of passengers or luggage on a tramway and includes charges levied for provision of any services or facilities provided by the tramway operator under and in accordance with the order or the agreement, as the case may be;
7. (7) "land" includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and any right or interest in any land;
8. (8) "local authority" means a municipal corporation, municipal council, or other authority constituted or continued under any law for the time being in force for a municipal area;
9. (9) "luggage" means baggage of a passenger carried by him; or entrusted to the tramway operator for carriage;
10. (10) "municipal area" means the area comprised in the boundaries of a local authority;
11. (11) "Notification" means a notification published in the Andhra Pradesh Gazette and the work "notified" shall be construed accordingly;
12. (12) "order" means an order made by the State Government under subsection (3) of section 4, and published in the Andhra Pradesh Gazette as required under sub-section (4) thereof, granting to a local authority, other authority, government company, agency or body of the State Government, the right and authorization to develop, construct, manage, operate and maintain a tramway system in a municipal area and includes any subsequent order amending, varying, extending or substituting that order;
13. (13) "pass" means an authority given by the tramway operator or by an officer appointed by the tramway operator, to a person allowing him to travel as a passenger on the tramway but does not include a ticket;
14. (14) "passenger" means a person travelling on a tramway with a pass or ticket;
15. (15) "person" includes a local authority or statutory or other authority, a company including a government company, a department or other agency of the state government or a corporation or body constituted under any law for the time being in force in the State of Andhra Pradesh.
16. (16) "prescribed" means prescribed by rules made under this Act;
17. (17) "railway" shall have the meaning assigned to it in Clause (31) of section 2 of the Railways Act, 1989(Central Act No.24 of 1989);
18. (18) "Safety Commissioner" means the commissioner of tramway systems safety appointed under section 30;
19. (19) "State Government" means the Government of Andhra Pradesh;
20. (20) "telegraph line" shall have the meaning assigned to it in Clause (4) of section 3 of the Indian Telegraph Act, 1885 (Central Act No.13 of 1885);
21. (21) "tramway" or "tramways" including "rolling stock" means any carriages, coaches, wagons and trolleys (whether powered or not), and engines, and vehicles of all kinds or any combination thereof operating on a tramway system and includes all mechanical, internal combustion or other devices for propulsion thereof on a tramway system;
22. (22) "tramway official" means any person employed by the tramway operator in connection with the services of a tramway system or authorized by the tramway operator to act as a tramway official, whether or not employed by the tramway operator;
23. (23) "tramway operator" means the local authority or any other person who is granted by an order or under an agreement, as the case may be, the right to develop, construct, manage, operate and maintain a tramway system in a municipal area;
24. (24) "tramway station" includes a regular stopping place on the tramway system meant for boarding, and alighting of passengers from the tramways and/ or provision of other passenger facilities;
25. (25) "tramway system" means a guided mass rapid transit system having one, two or more rails or guide ways or a dedicated right-of-way with carriages or coaches having steel flange-wheels or rubber-tyred wheels or any other wheels or systems to operate on the rails or guide ways or dedicated right-of-way and includes monorail, sky train, sky bus and maglev, but excludes suburban and other rail lines which are governed by the Railways Act, 1989 (Central Act No.24 of 1989), for carriage of passengers and luggage within a municipal area and includes:-
    • (a) all land within the boundary marks indicating the limits of the land appurtenant to any tramway system;
    • (b) any part of a tramway system, or any sidling, turnout, connection, line or track belonging to a tramway system;
    • (c) all tramway stations, offices, ventilation shafts and ducts, warehouses, workshops, factories, fixed plants and machineries, sheds, depots, communication lines and equipments, electrical equipments, electric lines transmitting power to the tramway system from a generating station, or grid substations of the local utility agency to the tramway system, either directly or through a sub-station and other works or facilities constructed for the purpose of, or in connection with the tramway system including the systems for provision of communication and transportation services;
26. (26) "tramway system alignment" in relation to any municipal area means such alignment of the tramway system as has been notified by the State Government for construction of the tramway system;
27. (27) "tramway system premises" means any area, space or building occupied by the tramway system, and includes the area below the tramway system and air space above the tramway system, which is designed, equipped and set apart for the provision of any services in relation to the tramway system, whether or not such area, space or building is owned by the tramway operator:
28. (28) "tramway undertaking" includes all properties, move able and immoveable, located on or within the tramway system premises and includes the tramway system rails, guide ways, dedicated rights of way, elevated structures, tunnels, sub-way box-structures, over-bridges, under bridges, station buildings and installations, carriages, and other rolling stock, signalling, telecommunication, air-conditioning and ventilation equipments, power transmission system including electrical sub-stations, drainage pumps, escalators, lifts, stairs, lighting installations, depots, workshops, ticket vending machines, ticket barriers, electric traction and related equipments, and such other properties as the state government may specify but excludes public roads.