The Kerala Metropolitan Transport Authority Act, 2019
Chapter IV DUTIES, FUNCTIONS AND POWERS OF THE AUTHORITY
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Chapter IV DUTIES, FUNCTIONS AND POWERS OF THE AUTHORITY
12. Duties and functions of the Authority.
Statutory text
- (1) Notwithstanding anything contained in any other law for the time being in force, the Authority shall perform or cause to perform the following duties and functions, namely:—
- (a) Preparation of Comprehensive Mobility Plan, including but not limited to Urban Transport and non-motorised transportation within the Urban Mobility Areas as detailed in section 13 of this Act, in conjunction with the plan under the Kerala Town and Country Planning Act, 2016 (9 of 2016) applicable for such period as the Authority deems fit and updation of such plans at an interval not exceeding five years to ensure integration of continuous land utilization and transport planning in consultation with the authorities concerned;
- (b) Preparation of a Transport Investment Programme;
- (c) Planning for finance mobilization, construction and operation relating to the urban transport and the Urban Transport Ancillary Services;
- (d) Promotion, development and regulation of integrated facility and systems for urban transport including seamless transport access;
- (e) Development, construction, operation and management of any integrated or stand-alone transport network facility that aid and enhance the efficiency of the urban transport to the user;
- (f) Creation and management of a Common Command and Control Centre for integration, co-ordination and management of urban transport;
- (g) Development, publication and issuance of standards and guidelines relating to the development and operation of urban transport facilities;
- (h) Development and dissemination of performance indicators for urban transport Services within the territorial jurisdiction of the Authority;
- (i) Regulation and enforcement of technical and performance standards on all strategic and operational matters that have a direct effect on the level of service provided to the users of urban transport;
- (j) To give direction to the authorities concerned to take necessary steps for the regulation and enforcement of environmental standards related or incidental to the Urban Transport or the urban transport Ancillary Services;
- (k) Administration of the Urban Transport Fund as provided in Chapter V of this Act;
- (l) Setting up and operation of an operation control centre, a web based user information system and a helpline to provide integrated information to the users of urban transport and to collect demands, complaints and suggestions of passengers;
- (m) Setting up and operation of a smart card based ticketing system for payment of user charges for use of the urban transport and Urban Transport Ancillary Services in consultation with the authorities concerned;
- (n) Setting up and operation of technology-based solutions for traffic management, transport planning, design of transport systems and selection of mode of transport in consultation with the authorities concerned;
- (o) Detection and reporting of traffic offences to the authorities concerned and to recommend for action with the help of Intelligent Transport System to be established by the Authority;
- (p) Collection of information on urban transportation within Urban Mobility Area and to provide the same to the Government agencies concerned or other agencies approved by the Authority;
- (q) Publication and display of information for the users of urban transport to promote consumer awareness on the integrated urban transport System;
- (r) Promoting skill advancement of the persons engaged in the operation and maintenance of urban transport through education, training and research;
- (s) Make recommendations to the railways, on railway services, schedules and time table to enhance the efficiency or service levels of the urban transport.
- (2) The Authority may appoint any person or agency to perform duties and discharge functions provided in sub-section (1): Provided that activities undertaken by any person or agency for performing such duties and discharging functions shall be subject to such restrictions, limitations and conditions as may be laid down by the Authority and shall also be subject to the supervision, control and revision by the Authority.
- (3) Subject to the provisions of this Act and any directions issued by the State Government from time to time, the expenditure for undertaking duties mentioned in sub-section (1) shall be met by the Authority.
- (4) The Authority shall ensure effective implementation of this Act in the Urban Mobility Area and discharge such other duties and functions as may be prescribed by rules.
Chapter IV DUTIES, FUNCTIONS AND POWERS OF THE AUTHORITY
13. Preparation and publication of Comprehensive Mobility Plan for Urban Mobility Area.
Statutory text
- (1) The Authority shall prepare or cause to prepare a Comprehensive Mobility Plan in accordance with the National Urban Transportation Policy guidelines to ensure integrated, comprehensive and planned development of urban transport in the Urban Mobility Area and such plan shall include,—
- (i) infrastructure facilities and other works;
- (ii) various modes of public transport systems and Mass Rapid Transit Systems and their integration;
- (iii) procedures and process to resolve any issues in relation to any existing transport system or transport services being operated and in relation to any new systems or services;
- (iv) such other matters as may be necessary for the development and implementation of such plans in order to achieve the object and purpose of this Act: Provided that where there are any other institution or committee constituted under any law for the time being in force which formulates, develops or implements any plan or scheme in relation to urban transport within such Area, then in such circumstances, the Authority may discharge its functions under this section in consultation with such institution or committee, as the case may be.
- (2) The draft plan shall be published in the official website of the Authority inviting objections and suggestions before such date as may be specified, in the manner prescribed by rules and the fact of such publication shall be published in the Official Gazette by the Authority. The Authority shall after giving adequate opportunity of being heard to the persons concerned and after considering the suggestions, objections and representations, if any, if not, after recording the reasons for the same modify the draft plan, if necessary.
- (3) The plan so prepared shall be submitted to the State Government for approval and the State Government may either approve such plan without modifications or with such modifications as it may consider necessary or reject the plan with directions to the Authority to prepare a new plan based on recommendations issued by the State Government in relation thereof. The State Government shall, as far as possible, within three months take decision in these matters.
- (4) All plans approved by the State Government shall be published in the official website of the Authority and the Authority shall publish the fact of such publication in the Official Gazette.
Chapter IV DUTIES, FUNCTIONS AND POWERS OF THE AUTHORITY
14. Power to implement Comprehensive Mobility Plan and to formulate schemes.
Statutory text
- (1) The Authority shall have the power to take appropriate measures as it deems fit, for implementation of the approved Comprehensive Mobility Plan.
- (2) The Authority may formulate a draft scheme, and recommend to the Government for considering along with the scheme made under Chapter VI of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) or otherwise for integrating road transport services with the approved Comprehensive Mobility Plan, giving all relevant particulars of the nature of the services proposed to be rendered in the urban mobility area specified along with the area or route proposed to be covered.
- (3) The scheme may include the terms as applicable like, the area or route to which it operates, the date on which it comes into operation, the period of operation (which shall not, as far as possible, be more than ten years), the services which are to be provided under specified permits and passenger transport operators who are to participate in the scheme.
Chapter IV DUTIES, FUNCTIONS AND POWERS OF THE AUTHORITY
15. Power to recommend to issue directions and to order enquiry.
Statutory text
- (1) Subject to the provisions of any other law for the time being in force, the Authority may recommend to the State Government to issue directions to the concerned department, authority, transport operator, aggregator or any other persons concerned, and institutions with regard to the implementation of any urban transport project or scheme. Where any such department, authority, transport operator or aggregator or such person or institution does not abide by such directions, the Authority may bring the same to the notice of the State Government for proper compliance of the same.
- (2) All police officers shall be bound to assist the Authority and the officers of the Authority in implementation of the measures taken by the Authority and its officers and also for carrying into effect the provisions of the Act.
- (3) The Authority shall have power to order enquiry or cause to enquire any irregularity or non-compliance with regard to the provisions of this Act and the enquiry officer or the competent official of the department concerned shall conduct enquiry, or cause to enquire, as the case may be, as and when ordered and submit report to the Authority within the time fixed by the Authority.
Chapter IV DUTIES, FUNCTIONS AND POWERS OF THE AUTHORITY
16. Power to enter into agreement for development of public transport facility and transport system.
Statutory text
- (1) The Authority shall have the power to enter into any agreement or contract or sub-contract with a public or private institution for the development of any infrastructure or transport system as may be decided by the Authority or as is provided for in any plan made by the Authority. Besides, the Authority shall have power to monitor public safety on these contracted public services and to give directions to the departments concerned.
- (2) For the use of infrastructure development or the transport system or services connected thereto, developed as provided in sub-section (1), the Authority shall have the power to fix and notify the fees or user charges that may be levied under such agreement or contract. The Authority shall have the power to vest the concessionaire or licensee or contractor or sub-contractor, as the case may be, with the power to collect and appropriate such fees or user charges in accordance with the terms stipulated in the relevant arrangement entered into in this regard. The Authority shall have the power to exempt totally or partially or to grant concessions, as it deems fit, with respect to fees or user charges: Provided that no such fee or user charge shall be fixed or notified by the Authority without the prior approval of the State Government.
- (3) The Authority may make regulations, orders or give instructions, as it may consider necessary, for entering into various arrangements referred to under sub-section (1).
- (4) The receipts from such arrangements shall be credited to the Fund.
Chapter IV DUTIES, FUNCTIONS AND POWERS OF THE AUTHORITY
17. General powers of the Authority.
Statutory text
Subject to the provisions of any law for the time being in force, the Authority shall have the following powers, namely:—
- (a) accept, acquire, hold, release, transfer or re-convey security, including security provided in a financing arrangement of any kind in any form, whatsoever;
- (b) either to purchase or to take on lease, lease, hold, construct, manufacture, maintain, sell or dispose of any property, whatsoever, whether movable or immovable, or any part thereof required for, or in connection with, implementation of the objects and purposes of this Act;
- (c) raise fund or facilitate financing of all transport related investment schemes for the implementation of the projects, plans, schemes and proposals included in the Transport Investment Programme;
- (d) execute all major transport projects proposed for or in the Urban Mobility Area by the Central Government or any State Government or any other agencies from the perspective of alignment with the Comprehensive Urban Mobility Plan or monitor all or any of them;
- (e) recommend conditions for the issuance of permits or licenses for public transport services by the authorities concerned;
- (f) monitor regularly and audit compliance with the Comprehensive Urban Mobility Plan and the Transport Investment Programme;
- (g) recommend to the authorities concerned, the fees and charges for Urban Transport Ancillary Services and also to regulate fares for all urban transport;
- (h) monitor use of Funds for urban transport activities and ensure audit of accounts and loans;
- (i) ensure enforcement of regulations made under this Act;
- (j) prepare appropriate performance related pay and service conditions for the employees of the Authority in consultation with the State Government;
- (k) render advice or recommentations for building sustainable operational framework for Para Transit Systems included in Schedule II;
- (l) such other powers as may be prescribed by rules.
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