Powers of tramway operator in relation to the construction and maintenance of tramway system

Andhra Pradesh Municipal Tramways (Construction, Operation and Maintenance) Act, 2008

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Chapter III Chapter III

Statutory text

(1) Subject to the terms and conditions of the order, or the provisions of the agreement, as the case may be, and the provisions of this Act and of all other laws and rules for the time being in force, the tramway operator may for the purpose of development, construction, management, operation and maintenance of the tramway system,-
- (a) make or construct in, upon, across, under or over any land or other premises, streets, roads, rails or any rivers, canals, brooks, streams or other waters, or any drains, water-pipes, gas-pipes, electric lines or telegraph lines, or optical fibre cables, such temporary or permanent planes, arches, tunnels, culverts, embankments, aqueducts, bridges, ways or passages,
- (b) alter the course of any river, canal, brook, stream or water course for the purpose of constructing tunnels, passages or other works over or under them and divert or alter temporarily as well as permanently, any drain, water pipe, gas pipe, electric line or telegraph line or optical fibre cables and raise or sink the level thereof, in order to carry them more conveniently;
- (c) make drains or conduits into, though or under any lands adjoining the tramway system for the purpose of conveying water, sewage and/or ventilation from or to the tramway system, and regulate drilling of tube wells or sinking of wells, public or private, in the proximate vicinity of the tramway system;
- (d) erect, construct and maintain roads, structures for motor transport meant for accommodation of the traffic passing through or along the tramway system alignment, or for the provision of integrated transit or convenient transfer at or near tramway stations;
- (e) erect, construct and maintain tramway station buildings, operation control centers, and other structures;
- (f) erect, maintain and repair any signalling and other communication facilities, telegraph or optical fibre cable and electric supply line, any electric traction equipment, power supply and distribution installation, electric substations, and other works in connection with the working of the tramway system and obtain any licenses required for the same;
- (g) construct and maintain works for convenience of the owners and occupiers of lands and buildings adjoining the tramway system such as crossing, bridges, over-bridges, under-bridges, culverts, tunnels, roads, drains, water sources or other passages over, under or by the side of, or leading to a tramway station; and
- (h) do all other acts necessary or expedient for making, maintaining, altering or repairing and using the tramway system or for the purpose of carrying out its functions under the Act.
(2) Without prejudice to the powers under sub-section (1), the powers of the tramway operator for the purpose of performing its obligations and discharge of its functions under the Act and the order or the agreement, as the case may be, shall include the power to-
- (a) acquire, hold and dispose of all kinds of properties, movable and immovable;
- (b) improve, develop or alter any tramway system premises or and of the properties;
- (c) authorize any tramway official, to enter temporarily in or upon the lands adjoining the tramway system alignment in order to remove obstructions, or prevent imminent danger from or which may obstruct the movement of the tramways, or passengers, or the view of the signal provided for movement of rolling stock;
- (d) enter into, assign and rescind any contract or obligation in accordance with the provision of this Act, the order or the agreement, as the case may be;
- (e) apply for and obtain license from the state and such other government as may be required to establish and maintain communication lines;
- (f) open or divert or temporarily close, as the case may be, any street, road, cable, trench, water supply line, drain (including a sewer), channel, ditch, culvert or any other device (whether for carrying of sullage, sewage, offensive matter, polluted water, trade affluent, rain water, sub-soil water or any other object), electric or gas supply line or telecommunication line, or telegraph installation, over, across, or under any tramway system premises; and
- (g) exercise such other powers and discharge such other functions as may be granted by the state government under the order or the agreement, as the case may be.
(3) The exercise of the powers conferred by sub-sections (1) or (2) above by the tramway operator shall be subject to obtaining of all necessary approvals, license, authorization and permissions in accordance with all applicable laws for the time being in force and under any rules or regulations prescribed by the state government or the central government.

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