Power to make regulations.

34: Penalty for breach of any regulations i mele by the Authority under secting Ss, . Ww dy .

7 - a Jie An Act to provide far the establishment an | regulation of 1 Roa l Transport Authority for the promoti n of a . co-ordinated system of road transport in the state LT SE it enacted wy Parliament as followsi- CHAPTER . IT h Preliminary TL. Short title, extent and commencement- (1) This Act s may be called the Delhi Road Transport Authority Act,1950.

1. (2) It extends to the whole of the State of Delhi,
2. (3) It shall come into force on such date as the Central Government m.y be notification in the official Gazette, appoint. h 25 Definitions - In this Act, unless there is anything “Tepugnant in the subjact or context.
3. (1) "ancillary service" means any subsidiary service v which provides imentties or facilities to parsons making use of ny roud transport service of the Authority: , (2) "Authority" meins the Delhi Roai Transport © Authority. = ) .
4. (3) "Oelhi Transport Service" means the road ot transport service operated in the State of Delhi or in y 2 ny extended area ly the Authority and includes the road § Cransport service operated by that name in that state ! PY the Ministry of Transport of the Government of India ) before the establishmebt of the Authority:
5. (4) 'Extended area" means any area or route to which the operation of any road transport service of the Authority has been extended in the manner provided in Section 24:
6. (5) "Prescrimed” means prescribed by rules made under this Act: 5 (5) "Road Transport Service” means a service carrying passengers or goods or moth by road in vehicles for hire or reward; : Conta... pe doy
   • • 9 — | 8 i ¢ . wee 5
   • • 8, .
7. (7) "vehicle" means any machanically sropelled vehicle, used or capayle of being used for the purpose of road transport 2nd includes a tremear, a trolley-vehicle and a trailer;
8. (8) Words ana @XPressions used by not defined in this - Act and defined in the Motor venicles Act, 1939 (Iv of 1939), have the meanings assignea to them in that act. . CHAPTER . 11 The Delhi Transport Authority. 3. Incorporation: (1) with effect from such date as Central Government may, by notification in the official Gazette, appoint in this behdls, there shall be established 20 Authority by the name of the Delhi Road Transport Authority, ) (2) The sais Authority shall be a body corporate having ; Perpetual succession ang a common seal, and shall by the saiq AME Sue and be sueq, - : 4. Constitution of the Authority - (1) The Authority shall consist of seven members as £ollows:- Rn
9. (2) one member to be electeq by the members of the Delhi Municipal Committee. '
10. (0) one member to be elected by the members of the Delhi . Sistrict Boara, »
    • (ec) one non-officia) having experience in transport, E industrial, commercial op financial matters, to pe nominated \ by the Canta) Government;
11. (4) hree officials of whom one shall respresent the MRLSEIy of Finance, to ba nominated by the Central Government and () the Chief Commissiones Of Delhi, or an officay nominated by hyp, ’
12. (2) The Central Government shall nominate a memper of the Authority to be the Chairman thereot. Contda..... N ys Manager (Admn Har. Le hy A
    • • 9
    • • 8, .
13. (7) "vehicle" means any machanically oropelled vehicle, used or capatle of being used for he purpose of road transport and includes a tpamear, - trolley-vehicle and a trailer;
14. (8) Words ana ©XPressions used by not defined in this J ASt and defined in the Motor venicles Act, 1939 (1v of 1939), i have the meanings 28signed to them in that ace, 3 CHAPTER .. Ir The Delhi Transport Authority. 3. In-corporation:. (1) with effect from such date as Central Government may, by notification in the official Gazette, appoint in this behdlf, there shall pe establisheq an Authority by the name of the Delhi Road Transport Authority, |
15. (2) The sata Authority shall pe a body corporate having ; Perpetual succession ang a Common seal, and shall by the saig nme Sue and be sued, - : 4» Constitution of the Authority — (1) phe Authority Shall consist of seven members as follows:e h
16. (2) one member to be electeq by the members of the Delhi Municipal Committae, '
17. (6) One member to be elected by the members of the Delhi . Oistrict Boarg, - »
18. (2) one non-official having experience in transport, E industrial, commercial or financial matters, to pe nominated BE by the Cent ay Government;
    • (a) Three officials of whom one shall respresent the Mnistey of Finance, to Ps nominated by the Centre) Government and (®) the Chief Commissiongs OF Delhi, or an offical nominated by him, ’
19. (2) The Central Government shall nominate a member of the Authority to be the Chairman thereof. Contd....,. R oe — Ee q }
20. (3) avery election or nomination under this section 1 Shall take effect 2s soon as it is notified by the Central | Government in the official Gazette. . i S- Term of office of mambers ~f the Authority - (1)save 28 otherwise expressly provided in this Act, the term of office of a member elacted under clause (a) or Clause (b) of
    • • sub-section (1) of Section 4, or of a member nominated under clause (c) of that sub-section shall be three years commencing from the date on which his slection or nomination, as the case may Be , is notified.
21. (2) A member nominated by the Central Government under clause (3) of sub-section (1) of s=ction 4, or by the Chief h Commissioner of Delhi under clause (e) of that sub-section, " Shall hold office during the pleasure of the nominating authority. N (3) A member nominated as Chairman of the Authority under sub-section (2) of section 4 shall hold office as . Chelan during ke pleasure of ¢ he Central Government. ¥ (4) A member of the Authority shall, on the expiration Of his tem of office, be eligible for ‘re-election or i re-nomination, . + Disqualifications for being chosen as, or for being 8 member of the Authority - A person shall be disqualified for being chosen as, or for being, a member of t he Authority
22. (2) 1f he 1s found to be a lunatic or a person of unsound mind; or
    • (b) if he has been adjudged insolvent: or
    • (e) if he has been convicted of an offence involving moral turpitude; or
23. (4) if he has, directly or indirectly, any interest in any subsisting contract made with, or in any work being done £or, the Authority except as a share-holder (Other than a director or managing agent) in a public company as defined Contd...., \ wo | i I. 4 rb | i a %. . { ‘ —— ~|e = ~ 18 in section 2 of the Indian Companies Act, 1913 (VII of 1913), Provided that where he is a share-holder, he shall disclose Eo the Central Government the A3turs and extent of shares held - PY Bim in such comping; or ’ N (e) if he has any financial interest in any other road ~ h £ransport undertaking. h h 7+ Removal Sf members from Office ~ The Central Government ™3Y, by notification in the Official Gazette, remove £rom Office ny member of the Authority who-
24. (2) 1s or becomes subject to any of the disqualifications mentioned in section 6; of
    • (b) in the opinion of the Central Government, has failed © or is unable &o CAITY out his duties sq as to render his removal necessary; or (©) without Sxcuse sufficient in the opinion of the Central Government 1g absent wEhout the leave of the Authority . from more than four consecutive meetings of the Authority, . 8- Resignation of office bY the Chairman or an electes OF Rominatel member - The Ch3iman or an elected or nominated member of the Authority may resign his office by giving notice La in writing to gre Central Government, ang shall, on such ~FesigRaticy being Accepted by that Government, pe deemed to have vacates nig office, 9+ Tamporary absence sr RY member. If any member of the Authority ig py infinity or otherwise rendered temporary incapable of carrying out his luties or 1s absent on leave or Otherwise in circumstances ot involving the vacation of his Ppointment, the Central Government may appoint another person to act in hig place. . 19. Vacancies MONgst members or defect in the : constitution not to lovalidatsTacts or proceedings of the | Authority, No act or Proceeding of the Authority shay be M 1 Contd..,., - 4 p/ pe CY ; - # ECE | : invalid by reason only of the existence of any vacancy amongst. its i mbers or amy defect in the constitution thereof, 11. Temporary associatiom of persong with the Authority by for particular purposes. (1) 1... “wwvuuslty may, with the previous approval of the Central Government, associated with . itself in such manner ani for such purmppses as may be determined "by regulations mage under this Act any persons whose assistance or Advice it may desire in C2rrying out Any of the provisions of this Act.
25. (2) A person 3s53¢intea with'it by the Authority under | sub-section (1) for any purpose shall Have 1 right to take . Part in the discussions of the Authority relevant to that : purpose, but shall not Thave a Fight to vote at a meeting of L : the Authority, ani shay no¥ be a member for any other purpose. 4 12. Meetings of £he Authority.—(1) The Authority shall . meet at such times ant Places and shall, subject to the provisions of sub-sections (2) ang (3), observe such rules of , Provisions of sub-sectinns (2) ana (3), observe such rules + Of procedure in regard to transaction uf business at its meeting as may bs provides by regulations, made under this Act.
26. (2) Tae Chairman or, in his absence, any member chosan by the members present from among themselves, shall preside ¥ t 2 meeting of the tutnority.
27. (3) arp Question at a meeting of the Authority shall be decided by a mujority of votes of the members present, and in the case of an squality of votes, the Chairman or, in his absence, any other person presiding shall have a second or casting vote. .
28. (13) Authentication of orders and other instruments of the Authority. All orgers and decielons of the Authority Shall be authenticated by the signature of the Chairmem or any othar member authorised by the Authority in this behalf, ani all other instruments issued by the Authority shall be euthenticated by the signature of the secretary or any other + officer of the Juthority 2uthorissd in like manner in this behalf. i i 3 hey — — —19-
    • • 12 - Lo 14. Allowances or fees for Attendance at meetings or for Peformance of other duties... Every member referred to in clauses (a). 1b) ang (a) of sub-section (1) of section 4 or Other person assoctatel with the Suthority unier section 11. ’ shall » © receive sucn allowances or fees as miy be © prascrives £05 attendance at meetings of the authority or for e Peformance of “Ay duty 3ssignei to him by the Authority for Eh purposes of tnis sce. 15. Officers and ssrvants of the Authority.-(1) There shall be a Geniral Manager ans A Cni=f Accounts Officer of the Authorit - who shall be appointey by the Central Government.
29. (1) The Authority may Appoint such other officers ani + 88rvants 3s it considers feéessary for the efficient performance Of its fuactions, (3 The Gonlitions of Appointment and service ani the seiles of say of ti. OEflcers and servants of the Authority shall: . N
30. (2) 1s rer sects the G2Meral Manager any the Chief Accounts : Officer be «uch ;; My be prescribes, ang . ®) © rar sues the Sther officers 2nd servants be such # : m3 subject tg fq PXovisions of section 39, be determined by ! eC ations 142) inter tng Act. ¥ y ' 1% Toncitens id duties bf the Geheral Manager amg the Chi f Accounss Eficerie (1) ap ao. 1 Manager shall pe the CHE. Bisieiii: ricer OF the Authority ana ay; other officers and servants of ae Authority shall pe subordinate to him.
31. (2) Tha *enera] Manager sharp also be the ex-officio Sec itary of AUChority ani shall nave gre Tight of being : Pre: int at ny; *eting of the Authority and of taking part in £7 1lscussinng her, 2&4 BUL he shall not vote upon any Pro‘csition or ; ke NY motisn at such meeting, . | | & VU n— i ~13.4%3 i {3) The Chief Accounts officer shall have the right to It record bis views on every Proposal involving expenditure from . |; the fund of the Authority prior to the consideration of such Proposal by the Authority. Rn n (4) The other functions apa duties of the General Manager ~ ¥ and the Chief Accounts officer Shall be such as may be prescribed. Nn 17. Genersl disqualification of 211 officers and servants. EE Ye. Who has directly or indirectly, 5 himself or his
    • • PATLHSC or gent, any share or interest in any contract, by or on behalf of the Authority, or in any other road Transport under- taking, shall become Or remain an officer or Servant of the Authority, ' 38. Appointment of Advisory Councii.. There shall be constituted by the Central Government an Advisory Council con S1sting of not more than fiftemy Z°EReIS £0 advise the Authority . and the functions of ths procedurs to hs £015dvis by, the RUTBET and term of office of, ana the manner of £1lling casual i vacancies among, members of the Advisory Council shall be such 7 OY gg may be prescribed. i : CHAPTER . 117 . Powers and duties of the Authority 4 19. General duty of the Authority.- It shai be the General uty se the Authority so to exercise its powers under i this Act as progressively to provide; or’ secure or promote the E Provision of, an efficiant, adequate, economical ang Properly 1 ¢r-ordinated system of road Transport services for passengers : 22d goods 1n the Union Territory of delhi ap in any extended area, . Provide: that nothing 1, this section shall pe cons truea ) 35 imposing on the Authority either directly or indirectly, 2nY form of duty or liability enforceeanra by proceedings before { SRY COUTt of tribupay to which it wouid joe otherwise be subject. Bo 20. 2owers of the Authority. (1) Subgect to the provisions of thig Act, the Authority shall have power J A [2 by — i | Da i ~13.-43 i {3) The Chief Accounts officer shall have the right to I Tecerd his views on every proposal involving expenditure £rom . ¥ the fund of the Authority prior to the consideration of such Proposal by the Authority. nN N (4) The other functions ana duties of the General Manager Py 3nd the Chief Accounts officer Shall be such as may be prescribed. i 17. General disqualification of 211 officers and servants.. "7 Soupersss ihe has directly or indirectly, by himself or his
    • • PArtner or agent, any shire or interest in any contract, by or on behalf of the Authority, or in any other road Transport under- taking, shall become Or remain an officer or servant of the Authority. ! *8- Appointment of Advisory Council.. There shall be Constituted by the Central Government an Advisory Council aon. sisting of not more than fifteen members to advise the Authority . and the functions of ths procedure fo hs £015dvis by, the PUTBET and term of office of, ana the manner of filling casual i vacancies among, members of the Advisory Council shall be such FY am may be prescribed. i" CHAPTER _ 177 . Powers and duties of the Authority 19: General duty of tne Mthority.- It shall be the General uty se the Authority so to exercise its powers under i this Act as progressively to provide; or’ secure or promote the E Provision of, an efficiant, 3dequate, economical and properly 1 Cr-orlinated system of road Transport services for passengers : 2rd goods 1n the Union Territory of delhi ang in any extended area, Provide: that nothing in this section shall pe construea ) 35 imposing on the Authority either Airectly or indirectly, 20y form of duty or Liability enforceeania by proceedings before { SRY COUTt of tribupay to which it would joe otherwise be subject. a. 20. 2owers of the Authority,. (1) Subject to the provisions of thig Act, the Authority shall have power / N [3 by — i | I — \\- oS 7
32. (2) to operate roaa transport services in the Union Territory ~f Delhi and in any -~xtended area;
33. (6) to provide for @ny ancillary service;
    • (e) tn provide for 1s ~m:l-ynog suitable conditions of service includng the establishment, of Provident Fung, living Sccommodation, places for rest and recretation ang other amenities ie E (2) subject to the Provisions of this Act, the’ powers
      • • conferres by sub-section (1) shall incluse power - (@) to manufacture, purchase, maintain anda repair rolling Stock, vehicles, appliances, plant equipment or any other thing Tequirad for the purpose of ny of the activities of the Authority referred to in Sus-section(1), Explanation - In thig clause, the expression "manufacture does not include the Sonstruction of the complete unit of a motor vehicle except for Purposes of expariment of research. >,
34. (3) to Acquire ani holi such property, both movable ani . immovable, as the Authority may deem NeCeSSATY for the purpose of any of the sayg 2ctivitiss, and to lease, “eli of otherwise transfer sny property hela by it.
    • (ce) to Prepare schemes for the acquisition of, ani to fcquire, either compulsorily in 3ecordance with such procedure TY be pres. s1ved or by sgreement, whether absolutely of for 37 period, the whole or amy part of any" undertaking of any COLNE person to the extent co widen the activities thereos €OMS1St of tha operation of poss ransport services or ancillary Services in the Unig Territory of Delhi or in any extended area. 4) to Purchase by agreement or to take on lease any 140d 303 £5 evect thereon such buildings as’ may be necessary £97 he purpose of carrying on its undertakings: “1 ’
    • (e) to authorise the disposal of scrap’ vehicles, ola £7¥es, used oils, or any other Stores of scrap values . we . Bay Bm
      • • 15-15 (£) to enter into and perform ail such contracts as MAY be necessary for the performance of fies duties and the . exercise of powers under this Act; © i (3) to determine, with the previous approval of the 2 Central Government, and, in the case of a road transport = Service operated in any extended area, also with the previous approval of the Government of the State within Which such extended area is situated, the fares and freights for the carriage of passengers ana goods in any road transport service operated by the Authority;
    • (h) to dispose of, without the previous sanction of the. x Central Government, during any ¥O3r assets of which the total valuation, determined in the prescribed manner, is less than £ifty thousand rupees if the disposal of such assets is, after consultation with the Chief Accounts Officer of the Authority, considered necessary by the Authority in the interests of any ) Of its activities referreq to in sub-section (1); )
35. (1) to purchase vehicles of such type as may pe Suitable for use in the roag transport service operateq by the Authority; ' h (3) to purchase or otherwise secure by agreement vehicles garages, shade, office buildings, depots, 11:1, workshops Squipment, tools, Sceessories to and spare Parts for vehicles, ow, OF 2ny other article owned or possessed by any dealer or the Awner of any othe? ‘undeFtaking for use thereof by the AULOTity for the purposes Of its undertaking;
    • (k) to dao 2ny thing for the Purpose of advancing the Skill of persons employeq by the Authority or the efficiency of the equipment of the Authority or of the manner in which { hat equipment 1s operated, including the provision by the | Authority, and tne assistance by the Authority to others for the provision of facilities For training, education ang research; . | cs I Bata Zion E F Ese Naw Da 02 ayo Be E i 0 he TEL Re, EN SY = 1 | i] i ~ Hl - 16 — 16 Is # (1) to enter into ami carry out agreements with any i person carrying on-business as a carrier of passengers or goods = Providing for the carriage of passengers of goods on behalf of # the Authority by that other person at a through fare or freight;
    • (m) with the prior 3pproval of the Central Government to dovall other things to facilitate the proper carrying on of the ~ business of the Authority.
36. (3) Nothing in tnis section shall be constructed as Rathorising the Authority, SXC2pt With the previous permission i F of the Central Government,~
37. (1) to manufacture or maintain any thing which is not Tequired directly or indirectly far use for the purposs of t he undertaking of tne PULhOTity, ‘or to repair; store or provide 20¥ service for, .any vehicle which does not belong to the | Authority or 1s not uses directly or indirectly for tne purpose | °F its undertaking; | : ! (11) to purchase any vehicle for the purpose of sale to
    • • any person, or to sell or Supply to any person lubricants; & i Spare parts or aquipment for or accessories to, vehicles; Fl (111) to lee Vehicles on hire for the carriage of { Pissengsrs or goods savas as expressly provided By or under this Act. { (4) Except as otherwise provided By thts Act, nothing in p the foresoing provisions of this sectioif§nailibe construed as” | 2WEhords ins hn. Hsregard by the Authority of ‘any law £oF the time beiry .- force, [oo # iS) The provisisns or nis section shall net be costyusd i 2s limiting any power of the Futhority conferrea by or under 3 subsequent provision of site Act. Mzrager (2amn ) Hor mw : Bald Toapagiert Loa rsbon : | - 1 Gata New Dasha 11002 bow i . 2 PE ’ age kd # -17 2 (77 21. Delegation of powers and duties to the General Manager. The Authority may, hy -:wes-1 or special order writting, delegate to the General Manager, subject to such conditions and limitations (if any) as may be specified in the order, such of its powers and duties under this Act as it may deem necessary for thelefficlent running of day-to day admirMtration of its undertaking. ’ 22. Preparation of schemes.- With view to nationalising . or developing road transport service on any route or in any area withip the Union Territory of Delhi, the Authority may ‘from time to time prepare schemes not inconsistent with this Act for starting new road transport services or augmenting its existing road transport services on such route or in such ares, in which provision may be made for all or any of the following matters, namely:
    • (a) the purchase of chassis of motor vehicles of a suitable types
38. (5) the making of arrangements for building suitable types of bodies for vehicles;
    • (ec) the erection of stands and sheds for passengers and goods, and the setting up of office ang workshops :
    • (d) the purchase OT acquisisition of sites and lands suitable for ans of the purpose specified in clause (c)y i, (e) the purchase of equipment tools and spare parts i for, and accessories to, vehicles; E (£) the recruitment of additional supervisory, i operational and workshop Staffinecessary for the operation f | of the scheme; and ;.. "© Lai
39. (9) such supplemastsl, incidentiar 2nd consequential orovisions as may appear to be necessary or expedient for any of the purposes aforesaid. elk | fo : | | a LY | = Zetie. Now Boni - 110002 : ET CA . YB . EP . . ' = hy aE Fy g $ : ChE = : i No 2 LN po. P Fs ’ . | | | | | A NN 4 NT | ¢ - 23. Sanction of Schemes.- (1) The Authority shall, after @ scheme has been prepared under section 22, obtain the advice of the Advisory Council thereon.
40. (2) The Authority may =fter considering the advice so obtained and making such modifications in the scheme as it may { deem necessary, sanction the schemes ! Provided that no sanction shall be accorded by the ls Authority to any scheme estimated to result in a capital : expenditure exceeding fifty thousand rupees without the previous A 2pproval of the Central Government. ‘ 24. Extension of the operation of the road transport service of the Authority to areas within another State; -(1) If the Authority considers it to be expedient in the public interest to extend the operation of any of its road transport Service t5 any route or area situated within another State, it may with the permission of the Central Goverfment negotiate with the Government of that state regarding the proposed extension. e
41. (2) If the Government of the other State approves the proposed extension, the Authority shall, after consulting the Advisory Council, prepare a scheme for the purpose and forward he same to thit Government for its consent, and after such - consent has been received, ‘the Authority may, with the previous 3 SPURCVAL of the CentiGl Govarument; sanction the scheme.
42. (3) After the scheme has been So sanction it shall be | competent for the Authority to extend the operation of its | road transport service to such route or drea and when thé } operation of such service is so extended the Authority shall operate the service on that route or in that: assa subject to the provisions of any law in force in the State within which { Such route or area is sitystad. } { ls - Wo oh | : ERE 1p, Eoste, NY » | | - L | iS { 4% TTT ¥ rt = ii ets a ER TL RT a ma — -15- 9 ‘ 25. Power to alter or extend schemes.- The Authority ] mey from £lis to time alter or extend a scheme by a Supplementary scheme prepared and a sanctioned in the manner ls provided in the foregoing piuvisivus of this Chaptar. | 26. Issue of passes.-Subject to any regulations made under this Act, the Authority may authorised the issue of . passes £0 its employees and other persons either free of E {cost ‘or at concessional Tates and on such conditions as it may deem £it to impose. CP 27. Refund in respect of unused tickets and concessional passes.- The Authority may, subject to any regulations made under this Act, authorise the grant of refund in respect of unused tickets and concessional passes. 28. Disposal of unclaimed articles and property.-(1) When any articles or goods have come into the possession of the Authority for carriage or otherwise and are not claimed by the owner or any ‘other person appearing to the Authority to be entitled thereto. the Authority shall, if such owner or
    • • other person is known; cause a notice to be served upon him . - Tequiring him to remove the articles or goods within seven days of the -ervice of such aot’ ce. :
43. (2) If such owner or other person is not known-or the §] notice cannot be served upon hi~ nr me does not comply with i the requisition in thé notice the Authority may, after the il expiration of such period as may be Specified by regulations made under this Act, sell the articles or goods by public { 3uction and shall, after deducting from the sale _proceeds, | S¥psnses for holding thé sale or 2ny amount which may be | due to the Authority, credit the surplus sale-proceeds, if { any, tothe . .u..! y fund of the Authority and the sale-procesds | So credited may be paid on demand tq any person who | establishes his right thereto in a Court ‘of ‘competent i” Jurisdictions or within One year of such sale to the | satisfaction of the Authority. i . fT . Be Fre .
    • • Bo : 4 1 > i = . REST . | yr ——
    • • 28 926 — CHAPTER - Tv : Finance, Accounts and Audit : 29. Géneral principles far Authority's finance.- In carrying on its undertaking under this Act, the Authority shall U 8Ct 2s far as possible on business principles. | 30. Authority to assume obligations of the Centra = i Government in Fespect of matters to which this Act applies.— | All obligations incurred, aii contractsentered into and all | matters and things engaged to be don= by, with or for the Central Government for any of the purposes of the Act before | the establishment of the Authority, shall be deemed to have | been incurred, entered into or engaged to be dons by, with or | for the Authority; and all suits or other legal proceedings i instituted or which might but for the issue of the notification | under sub-section (1) of section 3 have been instituted by { OF against the Central Government, may be continued or ¥ instituted by or against the Authority, | 31. Capital of the Authority.~(1) a11 non-recurring | expenditure incurred by the Central Goverment for and in z i connection with the Delhi Transport Service upto the date { of establishment of the Authority and declared to be capital | expenditure by that Government shall be treated as to the capital 3 i) Provided by the Central Governmenc CO the Authority. 37 (2) The Central Goverment may provide any further | Capital that may be required by the Authority for the carrying i on the undertiking of tne Authority or for purpose i connected therewith on such terms and condttions, not inconsistent with the Provisions of this Act, as the ° CeAtral Government may determine. Fe k . ; KE : Bel (15 cr od RR - ! $e : : | 8 B pm ; va { EE | Bk ST Ie
44. (3) The Central Government may empower the Authority to borrow by issue of bonds or stooks or otherwise and to mike necessary arrangements with banks for meeting its obligations and discharging its functions under this Act. . 32.Vesting of property in the Authority.- All property, assets and funds owned or acquired by the . Central Government for the purposes of the Delhi Transport Service before the establishment of the Authority shall on such establishment vest in the Authority. 33. Fund of the Authority.-(1) The Authority shall have its own fund and all receipts of the Authority shall be carried thereto and all payments by the Authority shall h be made therefrom.
45. (2) Bxcept as otherwise directed by the Central Government all moneys belonging to that fund shall be deposited in the Reserve Bank of India or with the agents of the Reserve Bank of India or invéstet in such securities as may be approved by the Central Government. 34. Payment of interest.- The Authority shall pay interest on the amount or capital provided by the Central . Government under section 31 at such rate as may from time to time be fixed Sy the Central Government and such interest shall be deemed to be part of the expenditure of the Authority. h 35. Provision for depreciation and reserve and other funds.~ (1) The Authority shall make such provisions for depreciations and, for reserve and other funds as the Central Government may from time to time direct.
46. (2) The mangement of these funds, the same to be carried from time 'to time to the credit thereof and the application of the moneys comprised thdrein shall be determined in accordance with such directions as the . Central Government may from time to time issue.
    • • . , A i we & 5 ok. | Le EI - wg ~ A 3 ET EE. Miia a ' PREY - f N - 22 22 | 36. Powers of the Authority to spend,— the Authority i | shall hav. power to spend Sued sums as it thinks £1t on object @uthorised under this Act ang such sums shall ba treated as expendituras DP2yable out of Sie ual of the Autiority, N { 37. Budget.- (1) rhe Authority, in consultation with | ts Chief Accounts Officer shall by the 31st day of october 9 { in each year Prepare and submit to the Central Government for | 2Pproval budget forthe next financial year showing the i extimated receipts ana expenditure during that financial [year 1n such form as may pe prescribed. 5 = [4 (2) Subject to the Provisions of sus-section (3), na [Sum shall be expended by on behare Of the Authority unless [ the expenditure of the same 1s covered by a current budget

{ 9Tant approved by the Central Government, ys

§ (3) The Authority may; wien the previous approval of the Central Government. d

1. (a) sanction any re-appropriatisn within the grant from one head of the expenditure to another or £rom a provision made i for one scheme to that in respect of another, “subject to the BE condition that tne 299ragate budget grant is not exceeded. (®) incur sxpenditure in excess of the limit provided - inthe bulset approves BY the Central Government under any ¢ head of the expenditure or in €PPRection with any particutar "scheme, sos 4 38. Accounts and auage.. 1) The Authority shang ‘cause to be main-ainey such books of account ana other hooks in relation t- jg 2CCounts- in such form and in such manner as may in consult:tion wien Comptroller ang Auditor Generar of. India, be prescriyea,
   • • (2) The Accounts, of the Puthority shall be audjyeq by the Comtro:ler apg Aud {kor Generar os India at sycp times ang i in queh marner as may ba prescribed. To ’

1. (3) As soon as the accounts of the 3uthority have been — wo ho Ded Re HGT Cl OE 2 § .
   • • ea Ta LU amt es 5 = 23 BN ] audited, the authority shall send a copy thereof together with copy of the report of thes auditor thereco to the 4 Central Government and on receipt thereof the. Central ; Government shall cause the audited accounts together with . such report to be laid before Parliament. 4 CHAPTER - Vv 39. Oirections by the Central Government.-(1) The EE | Central Government may, after consultation with the Authority { give to the Authority the general instructions to be followed by the Authurity, and such instructions may include dirsctions . relating to the cunditions of service and training of its i employees, wages to be paid to its workers, reserves to be B maintained ‘by it and disposal of its profits or stocks.
2. (2) In the exercise of its powers and performance of "7 its duties under this Act, the Authority shall mot Qepart 4 from any general mstructions issued under sub-section (1). 40. Returns and reports.- (1) The Authority shall furnish to the Central Government sucksreturns, statistics, accounts and other information with respect to its property 1 3ctivities or in regard to any proposed schemes the Central -1 Government may from time to time require. 1
3. (2) without prejudice to the provisions of sub- | section (1), the Authority shall as Soon as possible after { the end of each £inapcial Year, submit to the Central H government a report-on the activities of the Authority | under this At diring that year ang ons policy ana ! programme, and the Central Government. $hall cause a copy of i Very such report to be laid before Parliament as soon as may be after it is received. ! 41. Power to order inquiries.- (1) The Central Government with a view satisfy dtself that the powers and duties of the Authority under this ct are being exercised po SI C7 of ot bl Bat ela — 38 “49 = S audited, the authority shall send a copy thereof together § with copy of the report of the auditor thereca to the ; Central Government ani on receipt thersof the. Central 4 Government s“all cause the audited accounts together with 3 such report to be laid before Parliament. | 39. Directions by the Central Govarnmpnt cL) The EE | Central Government may, after consultation with the Authority give to the Authority the general instructions to be followad by the Authurity, and such instructions may include directions d relating to the cunditions of service and training of its employees, wages to be paid to its workers, reserves to be maintained by it and disposal of its profits or stocks. 1
4. (2) In the exercise of its powers and performance of i "7 its duties under this Act, the Authority shall not depart E from any general instructions ‘issued under sub-section (1). 40. Returns and repbrts.- (1) The Authority shall furnish to the Central Government suclireturns, statistics, i accounts and other information with respect to its property 1 activities or in regard to any proposed schemes the Central -1 Government may from time to time require. J
5. (2) without prejudice to the Provisions of sub-, 1 section (1), the Authority shall as Soon as possible after i the end of each, financial Year, submit to the Central | government a.reportron the activities of the Authority | under this Agt during that year and on its policy ana i Programme, and the Central Government. shall cause a copy of SVery such report to be laid before Parliament as soon as may be after it is received. 41. Power to order inquiries.-(1) The Central Government with a view satisfy dtself that the powers and duties of the Authority under this ct sre being exercised EH . ] i DI Bab em i
   • • 24 - Ye and performed properly may at any time institute inquiries into all or amy of the activities of the Authority.
6. (2) The Authority shall give all facilities for the proper conduct of such inquiries and shall produce before, or : furnish to, the person or persons making such inquiries any " document, account or-informatb n in the possession of the Authority which such person or persons may demand for the S purposes of the inguiries. 42. Power to control a part of the undertaking of the . Authority.-(1) If, en receipt of the report of any inquiry held under section 41 or otherwise, the Central Government is satisfied that it is necessary so to do in the public intéwest, the Central Government may, hy notification in the Official Gazatte, authorise any persen to take cues from the Authority, and, so long.as that netificatiow is in force, to administer in accordance with such direc¥ions as may be issued from time to time by that Govepmgent Such part of «he undertaking of t he Authority as may be specified in the notification, and any parson so authorised may, for the purpose of administering the said part of the undertaking, exercise all or any of the powers of the Autherity or of any officer of the Authority = issue such directions as he thinks £it to the officers or - servants of the Authority #hd employ any outside agency.
7. (2) The Central Government may by such notification direct that all charges and expenses incurred by the person so, authorised together with such remuneration as the Central Government may allow from time to time tg.such person shall be paid within such time as may be fixed by the Central . Government from the Hid of the Authority and if the expenses are not so paid the Central Government may make an order directing the person having the custody of that fund to pay 4 | we - pipyl alin zion i Seo on Le il |e 2 i" by al
   • • i = CE Re a a | v 1 - 25 4s = | | to the person so authorised such expenses in priority to any other charges against such fund and he shall so far as the funds to the credit of the Authority admit, comply with the order of the Central Government. § 43. Power to supersede the Authority.- (1) If ‘the . Central Government is.of opinion that the Authority is unable to perform, or has persisently made default in the performance of the duties imposed on it by or under this Act or has execeeded or abused its power , the Central Government may be notification in the OFficial Gazette, ’ Supersede the Authority for such period as may be specified in the notification: Provided that hefore issuing a notification under this sub-section the Central Government shall give a reasonable time to the Authority to show cause why it Should mot be superseded and shall consider the explanations and objections, if any, of Authority,
8. (2) ‘Upon the publication of a notification under sub section (1) Superseding the Authority, - (3. all the mehbers of the Authority shall, as from the date of supersesstfon, vacate their offices as such members
9. (0) 311 the powers snd duties, which may, by or under - the provisions ofthis Act, by exercised or performed by or © on behalf of the Authority shall, duking the period, of Supersession, be exercised and perfoified by such person or persons as the Central Government may directs and e) air property vested in the Authority shall, during | the perfod of Supersession vest dn the Central Government.
10. (3) on the expiration ofthe period of supersession : specified in the notification issued under sub-section 1), the Central Government may —
11. (2) extend the period of supersession for such further Eerm as it may consider necessary; or
    • (b) reconstitute the Authority in the manner provide in section 4. co i arab co gs ! CR” a Em SR NR fc = eee ——— Sage : Tw Ph Laying ‘of report before-Parliament of ‘action taken under section 42 of section. 43.— The: Central “Governmeht shall Gause a full report of any action taken under section 42 or ’ section 43 2nd the circumstances 1ed3ing?o such action to be 121d before Parliament at the earliBst possible opportunity. 45. Compulsory acquisition of land: for the Authority.- - Any land required by the Authority for Carrying out 4ny of the purposes of this Act shall be deemed to be needed for a public’ Purpose and such land shall be acquired for the Authority as Lf the provisions of Part VII of the Land Acquisition Act,1894 (I of 1894) were applicable to it and the Authority were a \ company within the meaning of clause (a) of section 3 of the said Act, . 46. Compensation for acquisition of road transport undertakings.— Whenever the Authority acquires under this Act the whole or any part of any undertaking, there: shall pe paid BY the Authority compessation the amount of which shall be determined in the manner 2nd in accordance with the principles - <i-bereizafter set out, that 1s £o say, .
    • (a) where the amount of compensation is fixed by h Agreement “and is approved by the Central Government, it shall be paid in accordance with such agreement
12. (0) Where no such agreement can be reached or the amount “greed is not approved by the Central Goverament, the amount | . shall, ‘subject to rules made wnder this Act, be detarmined by an arbitral tribunal consisting of one nominee of the Authority, One nominee of the person to be compensated and a Chairman wo be nominated by the Chief Justice of the High Court exercising Jurisdiction in relation to the State of Delhi;
    • (ec) an appeal shall lie to the district judge against the decision of the tribunal and the order Of t he district Judge on such appeal shall pe £inal. Tae ctMCT 21-0 H ; FER TO | ce ———— . Lote 47. Agplication of the provisions of the Motor Vehicles Act,1939, or any rules made thereunder,to vehicles and employees of the Authority.- The Motor Vehicles Act,1939(in this section referred to 3s the s2id Ace) su.ll have effect subject to the following provisions, namelyi- . { (a) The Central Government may, by notification in | the Official Gazette, authorise, subject to such terms and { conditions if any, as it may think £it to impose, any person to exercise and perform to the exclusion of the Licensing i Authority, Registering Authority, Mctor Vehicles Inspector, { Traffic Inspector, Regional Transport Authority or State i ! Transport Authority, as the case may be, and without following . the procedure laid down for the purpose in the said Act, all i or such of the powers, functions ani duties of any Licensing | Authority any Registering Authority, any Motor Vehicles - “= , Inspector, any Traffic Inspector, any Regional Transport ) Authority or the State Transport Authority under the said Act OF under any rules made thereunder in-relation to the motor
      • • vehicles of the Authority and the drivers and conductors of %, these vehicles, as may be specified Yn the notification. . (6) The central Government may, if it so thinks / necessary, by order cancel, suspend or very the conditions of ! / 7 any State carriage, contract carriage or public carriers® | permit which has been granted on countersigned under Chapter 4 IV of the said Act by any Regional Transport Authority in the | Union Territory of Delhior by the State Transport Authority ! Delhi, and fs valid within the whole of any part of that Union Territory of and any order so passed shall be final.
    • (e) If the Central Government by order in writing so directs, any Regional Transport Authority within the Union Territory of Delhi, or the State Tramsport Authority, Delhi, shall not grant, countersign or genew any permit under = J B . Tak ails a _————
      • • 28 - 27 ¥ Chapter-IV of the said Act other than a private carrier's permit. .
    • (d) The central Government may, by order in writing k SXempt the motor vehicles of the Authority or its employees £rom . the provisions of the said Act or of any rules made there under relating to the carrying of certificates of registration and : fitness snd Fron all or sty of the provisions of Chapter IV of the said Act. |
    • (e) The central Government may, by notification in the Official Gazette, exempt the motor vehicles of the Authority from the operation of the provisions of Chapter VIIT of the said Act. 48. Provision as to third party risks.-No notification shall be issued under clause (e) of section 47 unless a fund has been established and is maintained by the Authority in f#ccordance with the rules made in that behalf by the Central Sovernment under this Act for meting any liability arising out of the use of any vehicle of the Authority which the Authority . ©F ny person in the employment of the Authority may incur to 9 third parties. : ' 49. Power of the Central Government to exempt vehicles Of the Authority from the payment of certain charges.- The Central Gove-nment may, by order in writing, exempt all.or any ‘of the vehicles of the Authority from the payment of any tolls or other charges leviable under any enactment for the use = of the road within the Union Territery ef Delhi.