Chapter XII Chapter XII

Miscellaneous

No suit, prosecution or other legal proceedings shall lie against the State Government, any tramway operator, tramway official or against any other person duly authorised by the tramway operator, the State Government, or a person authorised under Section 10 or Section 15 as the case may be, acting under and in accordance with the Act, for anything which is in good faith done or intended to be done in pursuance of this Act or any rules, regulations or orders made thereunder.

All persons in the employment of the tramway operator or a tramway official or a sub-contractor or in the employment of an entity by the State Government under section 10 or section 15 or a tramway official or a sub-contractor, as the case may be, to undertake any activities, shall, when acting or purporting to act in pursuance of the provisions of this Act, be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).

If a tramway official is discharged or suspended from his office or dies or absconds or absents himself, and he or his wife or widow or spouse or legal representative, refuses or neglects, after notice in writing for that purpose, to deliver up to the tramway operator or to a person appointed by the tramway operator in this behalf, any station, dwelling house, office or other building with, its appurtenances or any books, papers, keys, equipments or other things relating to the tramway system and belonging to the tramway operator and in the possession or custody of such tramway official, then on the occurrence of any such event as aforesaid, any Metropolitan Magistrate or Judicial Magistrate of the First Class may, on application made by or on behalf of the tramway operator, order any police officer, with proper assistance, to enter upon the building and remove any person found therein and take possession thereof, or to take possession of the books, papers, keys, equipment and other things, as the case may be, and to deliver the same to the tramway operator or to a person appointed by the tramway operator in that behalf.

1. (1) Entries made in the records or other documents of the tramway operator shall be admitted in evidence in all proceedings, by or against the tramway operator and all such entries may be proved either by the production of the records or other documents of the tramway operator containing such entries or by the production of a copy of the entries certified by the officer having custody of the records or other documents under his signature and stating that it is a true copy of the original entries and that such original entries are contained in the records or other documents of the tramway operator in his possession.
2. (2) Notwithstanding anything contained in any other law, a Court shall presume that the entries in the records of the tramway operator admitted in evidence under subsection (1) are true, unless there is evidence to the contrary.

Any notice or other documents required or authorized by this Act to be served on tramway operator shall be,-

1. (a) by delivering it or tendering it at the office of the tramway operator, to an official who is empowered to receive any such service, and who shall give an acknowledgement of service; or
2. (b) by registered post or by a recognized courier to the registered address of the tramway operator.

1. (1) Any notice or other documents required or authorized by this Act to be served on any person by the tramway operator may be served by,-
   • (a) delivering it to the person; or
   • (b) leaving it at the usual or the last known place of abode of the person: or
   • (c) registered post addressed to the person at his usual or the last known place of abode.
2. (2) Where a notice or other document is served by registered post, it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and in proving such service, it shall be sufficient to prove that the letter containing the notice or other document was property addressed and registered.

The tramway operator may by order in writing, authorize any of its officials or other person, to act for it or represent it, as the case may be, in any proceeding before any Civil or other Court or authority.

The tramway operator may constitute and maintain or sub-contract security staff for the tramway system, and along the tramway system alignment, and the powers, duties and functions of such staff shall be such as may be notified by the State Government from time to time.

1. (1) Notwithstanding anything to the contrary contained in any other law, the tramway operator shall not be liable to pay any tax in aid of funds of any local authority.
2. (2) Nothing in this section shall be construed to prevent any tramway operator from entering into a contract with any local authority for the supply of water or light, or for the disposal of waste generated in the tramway system premises, or for any other service which the local authority may be rendering or be prepared to render.

1. (1) The State Government may by notification direct that all or any of the powers exercisable by it, under this Act or rules made thereunder, except under sections 79 and 81, shall in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by such officer or authority authorized by the State Government, including the tramway operator, or by any officer of the tramway operator, authorized by the State Government.
2. (2) Subject to the provisions of the order or the agreement, as the case may be, the tramway operator may, by general or special order in writing and with the previous approval of the State Government, delegate to any of its officials, subject to such conditions and limitations, if any, as may be specified by it, such of its powers and functions under this Act, except its power under section 82.

1. (1) If any difficulty arises in giving effect to the provisions incorporated in the Act, the State Government may, by order, not inconsistent with such provisions of this Act, remove the difficulty: Provided that no such order shall be made, after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under this section shall be laid before each House of the State Legislature.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other enactment or in any instrument having effect by virtue of any law other than this Act.

1. (1) The Government may, by notification, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all any of the following matters, namely:-
   • (a) notification of standards and safety parameters;
   • (b) powers of tramway operator in relation to the development, construction, management, operation and maintenance of tramway system;
   • (c) the arrangements to be made for and the formalities to be complied with before opening the tramway system for the public carriage of passengers;
   • (d) for regulating the mode in which, and the speed at which rolling stock used on the tramway system is to be moved or propelled;
   • (e) the cases in which and the extent to which the procedure provided in this Act may be dispensed with;
   • (f) the manner and consideration for determination of amount payable for any loss, damage or injury under section 20 and the manner of deposit and payment thereof;
   • (g) the particulars of the ticket such as the value, the period of validity and other particulars in relation thereto;
   • (h) for regulating the travel upon, and the use, working, maintenance and management of the tramway system;
     • (i) the persons to whom notices in respect of any inquiry under this Act are to be sent, the procedure to be followed in such inquiry and the manner in which a report of such inquiry shall be prepared;
   • (j) the making of an inquiry into the cause of the accident under section 39;
   • (k) material which is offensive or dangerous under section 27;
   • (l) the use of the tramway system by persons suffering from infectious or contagious diseases under section 68;
   • (m) for determination (including revision), regulation and collection of fares;
   • (n) to regulate the working of the tramway system, including the pre-requisites to and manner of opening of traffic on a tramway system under section 24 the suspension of traffic on a tramway system, the closing of the tramway system or of any rolling stock, and the pre-requisites to, and manner of, reopening of traffic on a tramway system wherein traffic has been suspended or which has been closed.
   • (o) any other matter which is required to be or may be prescribed to carry out the provisions of this Act.
3. (3) The tramway operator shall keep at every station on its tramway system, and at all other tramway system premises, a copy of all the rules made under this section and shall also allow any person to inspect it free of charge.
4. (4) Every rule made under this Act shall immediately after it is made, be laid before each House of State legislature if it is in session and if it is not in Session in the Session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the ex-expiry of the session in which, it is so laid or the Session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified in the Andhra Pradesh Gazette, have effect only in such modified form or shall stand annulled, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The tramway operator may make regulations not inconsistent with the Act and the Rules made thereunder, to provide for all matters for which provisions are necessary or expedient for the purpose of giving effect to the provisions of the Act.

All the assets and liabilities of the Metro Rail Limited including rolling stock, machinery shall stands transferred to and vested in the State Government on the expiry of the concession period.

The Andhra Pradesh Municipal Tramways (Construction, Operation and Maintenance) Ordinance, 2008 is hereby repealed.