Power of entry.

Whenever it is necessary for the Authority to carryout any of its works or to make any survey, examination or investigation, preliminary or incidental to the exercise of powers or the performance of duties by the Authority under this Act, any officer or servant of the Authority generally or specially empowered by the Authority may,with the oma 5 J ae Pow i

mes TT TTT ! ’ = “2 9- | previous permission of the district magistrate, enter upon E any land or premises between sunrise and sunset,after giving i reasonable notice of the intention to make sneh entry to the :| owner or rctuzier of such land or premises, and at any other Bi time, with the consent in writing of the owner or sccupier °F such land or premises, for the purpose of the carrying | out of such works or the makiig of such survey, examination ) or investigatinn. 51. Members, Officers and servants of ‘the Authority to be public servants.- All members of the Authority ana all officers and servants of the Authority, whether appointed by the Central Government or the Authority, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (Act XLV of 186¢). ' a. T 52. Fower to make rules.- (1) the Central Government may by notification in the Official Gazettes, make rules to give effoct to the provisions of this Act. 12) In particular, and without prejudice to the generalic: of the foregoing sower; such rules may provide £97 all'or 1ny of the following matters, namely. i (a) the allowances or faes to be paid to any member or associate member of the Authority under section 14; (b. the conditions of appointment and service and the scales of pay of the General Manager and the Chief Adcounts Officer of che Authority. . i (¢) the functions and duties of the General Manager snd the Chiof Accounts Officer other than those specified in this Act, i

1. (a) the functions of the procedure tn be followed by the. number and term of office of, and the manner of £illing casual vacancies among, membersif thé Advisory Council: \ 5 \ , \ + \ Ny bane JUL i 14 § ey ~ his ! \ Le fgg, FF ot n li \ \ 4. ley— | fs | a. LT EN ERE ie pee nl g 3 ] A ee
   • • 30 -e 3 La
2. (e) the Procedure for the compulsory acquisition by the | Authority of ,the whole or NY Part of any undertaking. ¥ (£) the manner in which the total valuation of assets = referred to in clause (n) of sub-section (2) of section 28 shall be determined. - : (9) the form in which the budget shall pe prepared and - Submitted under Sub-section (1) of section 37; M) the form ani the manner in which the accounts of the Authority shall pe maintained;

1. (1) the time at which and the manner in which the Accounts of the Authurity shall be audited;
2. (3) the form in which any return, statistics or report shall be furnished or submitted under section 40z
   • (Kk) the procedure to be followed in determination of Gompensation by an arbitral tribunal under section 46;
3. (1) the establishment ang maintenance of a fund for i meeting any liability referreq to in section 4s; 1
   • (x) the service of notices and orders under this Act. |
4. (3) All rules made Under this section shall pe laid fer ! net less tnan fourteen days before Parliament as soon as 7 possible afier they are made ang shall be subject to such 2 modifications as Parliament’ may make during the session in which they a= so agg, i | 53. Prwer to make regulations.- (1) The Authority may, | + With the previous sanction of the Central Government, make | Tegulations rot inconsistent WiER.Ehis Act and the rules made i thereunder £0- tne administration of the affairs of the | Authority ane gor CATIYINg out its functions under this Act. {
5. (2) Ir particular, apa without prejudice to the | generality of the foregoing power, such regulations may provide / £or all or any of tre following matters, namely;— . / { db, / flew Dali - 1 5002 f HY / | RSs Ce Ee me bf manag LI (2) the manner in which and the purposes for which persons may be associated with the Suthority under section 11; i
   • (b) the time and place of meetings of the Authority d 2nd the procedure to be followed in regard to transaction . of business at such meetings; $ (e) the conditions of appointment and service and the scales of pay of officers and servants of the Authority other than the General Manager and the Chief Accounts Officer.
   • (d) the issue of Passes to the employees of the g Authority and other persons under section 26: ' (e) the grant of refund in respect of unused tickets @nd concessional passes under section 27; (£) the pecded afwer the expiration of which . unclaimed articles or goods may be sold by public auction under sub-sectinn (2) of section 28; {g) the regulation of the carriage of passengers 2nd goods in the road transport service of the Authority.
6. (3) All regulations made under this section shall, | 8s scon as possible, be published in the Gazette of India. 54: Penalty for breach of any regulation made by . : the Authority under section 53. The Central Government may by rule provide that the breach of any regulation made by - the Authority under section 53 shall be punishable with . imprisonment which may extend to three months, ~r vith | fine which may extend to five hundred rupees, or.wich-hoth | 3nd when the breach is a continuing one, with a further fine net exceeding twenty rupees for every,day after the date of the first conviction during which the offenier is proved to have persisted inthe offence. . oH eee, : CE i ep —p——— ee Pere fmm ee em 2,32. ° Government of India Baw and Justice (Ministry of ..........) - THE DELHI ROAD TRANSPORT LAWS (AMENOMENT)ACT, 1971 No. 71 of 1971 (24th december, 1971) . . An Act to provide for the establishment of a Road Transport Corporation for the Union territory of Jelbi,.and, for that Purpose, further to amend the Road Transport Corporations Act, 1950, and the Jelhi Municipal Corporation Act,. 1957, and for Matters connected therewith or incidental thereto. 3B it enacted by Parliament in the twenty-second year of the Republic of India as followi- 2 1. (1) This Act may be called the Jelhi Road Transport Laws (Amendment )Act, 1971. Short title and commencement - 64 of 1950 ’ .
7. (2) It shall be deemed to have come into force on the 3rd day af November, 1971. 2. Inthe Read Transport Corperations Act,1950, in section 1. Ammendemtn of section I
8. (1) in sub-section (2) the words "except the Union territery of Selhi" shall be omitted »
   • (ii) to sub-sectirm (2) ,the following provision shall be added, namely:- "Provided that on and from the Cemmencement of the Delhi : Road Transport Laws (Amendment)Act, 1971, this Act, as fnended bY the said Act, shall extend to, and be in Force in the Union Territory of Delhi.” a Sout of NGT.0f oir 17 etal, De Did - 11008 : du wT = B a A Ep f - i - 3-29 Delhi Road Transport Laws (Amendment) 3: In this Act, unless the context otherwise requires,- definitions. (2)"Municipal Corporation of selnin means the Municipal Corporation of elhi established under he Deni Municipal Corporation Act, 957; ki © 66 of 1957
   • (b) “new Corporation" means the new Road Transport Corporation for the Union territory of Delhi estabsispey under section 3 of . the Road Transport Corporation Act, 1950. 64 of 195¢ 41500 the establishment, under the Road Transport Corporations Act 1830,0f & new Corporations Vesting oe assets, etc. in the new d Corporation. 64 of 1950
   • (a) a11 Properties, movable and immovable, and all interests of whatsoever nature and kind therein belonging to, or vested in, the Municipal Corporation of delhi, for the purpose of the delhi Trans— port Undertaking immediately before suoh establishment, shall vest in the new Corporation;
9. (6) 211 debts, obligations ana liabilities incurred, all contracts 2ntersd into, and all masters ang things engaged to be done by, with SI for, the Municipal Corporation of 2elhi for the purpose of the Jeibi Transport Undertaking, ang Spbsisting immediately before such ostablishment, shall be desmed fo bave been incurred, entered inte OF #ngaged £o be done by, with ng fare coe new Corporation;
   • (c) all licences ang permits granted to the Municipal Corporation SE575IhL for the wurpose of the Deini Transport Undertaking, gnd in force immediately befors gach establishment, shall be deemed fo have been granted to the nay Corporation and shall have effgoe dccordingly;
10. (2) any Suits, prosecutions and other legal proceedings instituted, OF which might have been instituted, by, for or agains, the Munici- P21 Corporation of Delhi for tre purpose of Delhi Transport Undertaking, I
11. (1) if such Suit, prosecution or other legal proceeding was pending immediately before thy establishment of the ney Corporation, or
    • • (11) 1f the cause of action for.such suit, prosecution or other legal proceeding arose before Such establishment ang the institution DE lich sult, prosecution or cee legal proceeding was net barred before such establishment by any law for the time being n force. be continued or, as the case may be, instituted, by, for or against, the new Corporation,
    • (e) a11 rules, regulations, appointments, notifications, bye-laws, 5 ¢henes, orders, standing orders Log forms relating to transpose see: Vices, whether made under the 2elhi Road Transport Authority Act, 1950, or under the telni Municipal Corporation Act, 165 and in force immediately before such Seteblishment, “shall, in so far a they re mot inconsistent with the provisions of «nds Act, continue io be in force and be deemed to no regulations made ‘by the ney CoLBiyy om 4585 under section 45 of the Road Tpt.Corp.Act, 1950, unless of 3nd until they are superseged bY regulations made under that 6s of 1957 Section; 3 64 of 1950 | (£) notwithstanding 3nything contained in any other law for the i time being in force op in Hub; S3Ntract to the contrary, every officer + 2nd other employee of the Hunicipal Corporation of baths appointed 5 OF deemed to be appointed for Lit Purpose of the Jelhi Transport Dan ro ~ Be te Sri Bed Fish § hy : . — 34 3 Ye a | LEE ——, Transport Laws Amendment) f Undertaking shall be transferred to, and become an officer or other employee of, the new Corporation with such designation 3s the new Corporation may determine and shall hold such office by the same tenure, on the same remuneration and on the same terms and conditions of service and with the seme right to ¥ pension, gratuity and other matters as he would Bava held the same if the new Corporation had not been established and shall . continue to do so unless aad until such employment, tenure, remuceration and terms and conditions of service are duly altered or terminated by the new Corporation : Provided fuat the tenure, remuneration and other terms and conditions of service of any such officer or other employee shall not altered to his disadvantage without the approval of the Centeral Government: Provided futher that any service rendered, or desded to have been rendered, in relation to road transport service, under the Municipal Corporation of Jelhi, by any such officer or other employee before the establishment of the new Corporation . shall be deemed to be service rendered under the new Corporation. 5. (1) where the sum total of the value of the properties and interests referred to in clause (a) of section 4, vested Paymer in the new Corporation (hereinafter in this section referred or ya, to as "the assets") exceeds the sum total of the debts, of assat gbligations and liabilities which are deemed to have been og incurred by the new Corporation under clause (b) of that 1labill - section (hereinafter in this section referred to as "the = liabilities), such excess shall be paid by the new Cor. 5 poration to the Municiyal Corporation of Delhi on such terms . and coriitions as may be determined by the Centeral Govern. « ment in this behalf.
12. (2) Where the sum tatal of the liabilities exceeds the sum toil of the value of the assek$s such excess shall be § paid by the Municipal Corporation of Delhi to the new Corporation gn such terms and conditions as may be determinsd by the : Central Government in this behalf. )
13. (5) The sum tntal of the value of the’ assets and the sum total of the Tisbilites shall be such amounts as may be arrived at by §creement between the Munjcipal Corporation of Delhi and. the ney Corporation and where no such agreement can be reached, i the amquits shall be determined by an arbitral tribunal consisting Of one niminee of the Municipal Corporation of Delhi,-one nominee Qf the niw Corparation and a Chairman, to be nominated by the Chief Ju:tice of the High Court of Delhi.
14. (4) An appeal shall lie to the High Court of Delhi against 0 the decision of the tribunal and the order of that High Court on such appeal shall be final. €. The Central Government may, by order, ip writing, | exempt all or ny of the vehicles of the new Corporation from ! payment of any“tolls or other charges leviable under Power of | any enactment for the time being in force, for the use of ere Peas) the roads within the Union territory of Delhi. [ros ee exempt vehicles = of the new Cor- > x poration from : Manager Xm ite - "payment of I B sip: Tne, " certain chargea.| (Govt of MCT oy } P LF Etats. New Pelt 42-i0gn i a |g contd... es — . pr er = ~35- ~35 © -==4—- Delhi Road Transport Laws (Amendment) Aet 71 apepdnent # Bt gies 58% "ica ana from the commencement of this Act. 1 Tal Fo (a) the Road Transport lorporations Act, 1950, shall, in H 4 of 1 - es application ts the Uninn territery/of Belhi, be subject ke |
    • • the amendments sjecified in the Tirst Schedule ;
15. (8) the Delhi Municipal Corporation Act, 1957, shall, im relation tn the transport services in the Usien térritery : of 2elhi, be subject to the amendments: specified in the Second Schedule and references therein to “this Act" shall Le construed : as refsrences to the "Road Transport Corporations Act, 1950"; 64
    • (e) the Motor Vehicles Act,1039,shall, in its application 8 to the Uaimn Territery of Delhi, tave effeet subject to the 4 : Z, . provisions specified in the Thfid Schedule. Repeal 8. @) The seins road Transpost Laws (Amendement) Ordinance,

frp 1971,1s hereby reggaldd. / 18

1. (2) Notwithstanding such repeal, anything done or amy og action taken-under the\Road Trpnsport Corporation Act, 1950, 35
   • • 0 oF the Delhi Municipal Corpordtion Act,1957, or the Motor 1957 | Jehicles Act, 1939, as amendsd.’: by the said Ordinance shall ® go i be deemed to have been 'done or taken under the corresponding 1g3. fIovisions bf the Road Transport Corporations Act, 1959, cho aelhi Municipal Corporation Act,1957, or the Motor Venisioe ACt,1939, as the case may be, ss amended by this Act. f LI) PY ¢ i THE RIST SCHEULE (See Section 7 (a) ) i AMENDMENTS TO THE ROAD TRANSPORT CORPORATIONS ACT, 1950 | i Section l.-Omit sub-section (3). | Section 3._For “the whole or any part of the State®, | Substitute “the whole or any part of the Union territory | NO +-of Delhi *, t SectionS.-In sub-section(3), for "both of the Central Sovemnment and of the State Government concerned fn wo cor- | goratior in such projortion as may be agreed tg by both the §overnme its and of nomination by sach Gévernment", substitute | POF the State Government in the Corporation aon of nomination i by the Government”. { Section 3.-Omit the proviso. | Section 12.-Tn clause (b), for “Chairman or Vice-Chairman", i Shpstitute “Chairman, Vice-Chaliman. Chief Executive Officer, 1 the General Mabager, the Deputy General Manager or the Chief i Accounts Officer er the Corporationt. ©- i Section 18.-For "State or part of ‘the State", substitute "Union territory of Delhi or part theemoin: 8 Section 15.-(i) In sub-section (1), in clause (AO, for
   • • “State” substitute "Union territory of Dalniv: 2 {11) in sup-section '2)-
   • (a) in clause (c)- N
     • • (1)for "State concerned”, substitute "Union territory of Delhi”; Ha ap p= contde...a. Fg Tai renspont Corpor an 5 a = f @ _ . k = of dt - [Ve te ne Lae— pi wine EES ] mm g-
     • • i of 1971) =35= =35=m Jelhi Road Transport Laws (Amendment) - @) for "that State", substitute "that Union territory";
   • (b) after clause (m) Insert- “(n) to determine with the previous approval of the State Government, ans in case of a road transport service operated ~ in any extended area, alsg with phe pervious approval of the ¥ Goverment of the State within which such extended area is gltuated, fares and freights for tie carriage of passengers A 2nd goods in any road transport series provided by the Corporation". After section 19, insert "19A. (1) when 20y articles or goods have come into Disposal Ehe possesion of a Corporation fou carriage or otherwise of yneray 2nd are not claimed by the owner or any other person articles | gbpearing to the Corporation to ba entitled thereto, the got Corporationshall, if such ownes oo other person is known, property.| v + 3use a notice to be served upon him requiring him to i semove the articles or goods within seycn days of the service of such notice. } Ty
2. (2) If such owner or other person is not known or the | fptice cannot be served upon him oy po does not comply with i the requisition in the notice, he Corporation may, after the oxplration of such period as may be specified by regulations { made under this Act, sell the articles or goods by public 1 auction and shall, after deducting from the sale-proceeds taPspoes for holding the sale or any smounc which may be due i to the Corporation, credit the surplus sale-procesds, if any, | to the Fund nf the Corporation; and the Sale-procesds, so | pfedited may be paid on demand to any person who establishes Fos his rigat thereto in a court oe Competent jurisdiction or | within'one year of such sale sg cre satisfaction of the Corporation. | |

17 B. In the exesvise of eny of its powers under Corporatin |

this Acs, the Corporation shall not incur on any single to obtain | work, service or scheme or for any other purpose a the approv | capital expenditure of more than twenty five lakhs of of the HE) Gobees except with the previous approval of the - Central | Central Gove rnment®. Governmen' in cert fieetion 21.-For “the Central Government in consultaion 17 Sex with the State Government", substitute "that Government". | . Section 23.-(a)For sub-section (1), Substitute °{1) The State Government may provide to a Corporation | Setablished by the Goverment any capital that may be required | by the Corporation for the Feroo3e,°f Carrying on its undertaking | or For Purposes connected therewish on such terms and conditions, Got inconsistent with the provisions of this Act, as that . Government may determaine®;

1. (0) in sub=section (3), omit * the Central Government" and "in consultation with the Central Government". p Section 2€.-In sub-section (2), omit "and the Central Government'; Section 26.-In sub-sections (Land (2), omit *in consulation With the Central Government. { Be mtn, | Manz sar 15m | Har ] fo } B ¥ 3 | — | SE -7-< 37 Act, 71 delhi Road Transport Laws (Amendment) Section 3M.- mit "and the Central Government®. Section 33.- In sub-section (4), for "the Legislature of the State”, substitute "sach House of Parliament”. ERE [ Section 35.-(a) In sub-section (2),for "Central nq the State Governemnt", substitute "State Sovernment"; . (b) in sub-section (3), ror "the Legisiature of the State" substitute "eachHouse of Parliament", Section 37.-In sub-section(3), forthe Legislature of 3 the State", substitute "each House of Parkiamengh. A | Section 38.-Omit, "with the previous- approval of the

Central Government". @ an ’

Section 39.-In sub-section (2), for "Central and the State i Government", substitute "State Goverement". Section 40.-(i)In clause (b),for "High Court exercising Jurisdiction in relation to the State concerned”, substitute "High Court of Delhi",

1. (ii) in clause (g)ee

1. (a) for " lie to the High Court", substitute" -- lie to the High Court of Delhi. 5) for "order of the High Court", substitute”order of that High Court”. Section 44.-In sub-section (2)- (1)in clause (a), for "the Central’ ahd the State Government " substitute “the State Government". | . (11) after clause (m), insert——’ - “(mm) the service of notice and orders under this Act) 1 Section 45.-In sub-section (2), after clause (e), insert. | = 1{£) the period after the expiration of which unclaimed articles or goods may be sold by public suction s i (~) the regulacicn or the usrriage of passengars and goods in the road transport services of the Corporation". i Soction 46.- After" rules made by it under section i 44%. insert “or any regulations made by a Corporation | under section 45". After Section 48, insert "CHAPTER VI" SPECIAL PROVISIONS APPLICABLE TO THE UNION TERRITORY 8F DELHI = rane 43. (1) No court shall proceed to the trial of any Sha on offisnce made punishable by or under this Act except on the complaint of, or on an information received from, the General cognizance | of offiences.y2nager of the new Corporation dr a person aniomeiirs by him "by general or special order in this behald in writing. { contd..... | R— sla — - EIR aaa | we ¥ ¥ i es EVIL Act, 71 Delhi Road Transport Laws (Amendment) Section 3M.~ Cmit "and the Central Government". Section 33.- In sub-section (4), for "the Legislature of the State", substitute "sach House of Parliament. ERT) I Section 35.-(a) In sub-section (2),for “Central sng the State Covernemnt", substitute "State Goverment"; : (0) in sub-section (3), ror "the Legisisture of the State" substitute "eachHouse of Parliament", Section 37.-In sub-section(3), forthe Legislature of the State", substitute "each House of Parkiament". . % | Section 38.-Omit, "with the previous- approval of the Central Government", a " Section 39.-In sub-section (2), for "Central and the State Government", substitute "State Goverement". Section 40.-(1)In clause (b),for "High Court exercising Jurisdiction in relation to the State concerned”, substitute “High Court of Delhi",

1. (11) in clause (c)—
   • (a) for " lie to the High Court", substitute®- lie to the igh Court of Delhi", 0) for "order of the High Court", substitute"order of that High Court", Section 44.-In sub-section (2)—m (1)in clause (a), for "the Central ahd the State Government | substitute “the State Government". | (11) after clause (m), insert—’ - . “(mm) the service of notice and orders under this Act) |5 Section ¢5.-In sub-section (2), after clause (e), insert. | “(£) the period after the expiration of which unclaimed ! articles or goods may be sold by public auction ; | (=) the regulacicn o: the cerriage of passengers and goods in the road transport services of the Corporation". i Section 46.- After” rules made by it under section i 44%, insert "or any regulations made by a Corporation | under section 45". | After Suction 48, insert——— "CHAPTER VI" SPECIAL PROVISIONS APPLICABLE TO THE UNION TERRITORY 8F DELHI es 43. (1) No court shall procesd to the trial of any Sifien offisnce made punishable by or under this Act except on the cognizance LOMPlaint of, or on an information received from the General pr agid io Manager of the new Corporation ge a Pergon authorised by him BY general or special order in this bepaid in writing. | contdeve.. i hob
     • • | wre— L — - rr 0£1971) ee 20+ a delhi Road Tramsport Laws (amendment)
2. (2) A11 offiences 7, J293inst this Act or any rule TherSgulation made thereunder, op ony bye-law continued thereunder, h whether committed within CF without the limits of Unign territory of.Delni, shall be cognizable by a magistrate. Appoint 50. 58. (1) Tne Stara oo "°F MAY appoint ane or MOLE ant of
   • • Dagistraces OF the first or secon: class for the trial of Magistre offences against this Act or any rule or regulation made . t thereunder or any bye- lay continued thereunder and may PYescribe the time and place at which such magistrate or . magistrates shall sit for tre despatch of business. .
3. (2) such magistrates and the members of thdsr stage shall Pe paid such salary, pare lon, 1save and other allowamees as may, £rom time to time, be ixeg by the State Government.
4. (3) The new Corporation shall, oUt of its fund, pay to the . State Government the Amounts Of the salary, pension, lieve and
   • • Other allowances as fixed under sub-section (2) together with 211 other incidental chamges in connection with the establishments E of the said magistrates.
5. (4) such magistrates shall have jurisdiction over the Wholeof the Union territory of Delhi, 5 of 1898. .
6. (8) For the purposes of the Code of Criminal Procedure, 1898. all magistrapeg $bpointed under this section shall be deemnd- cto bo magistrapes °PPointed under sectien 12 ge that