Chapter II METROPOLITAN TRANSPORT AUTHORITY

1. (1) The State Government may, by notification in the Official Gazette, establish for each Urban Mobility Area under sub-section (1) of section 11 or notified under sub-section (2) of section 11, an Authority by name, ‘Metropolitan Transport Authority’ preceded by the name of a major place coming under such Urban Mobility Area.
2. (2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power to enter into contracts, to acquire, hold and dispose of properties both movable and immovable and shall by the said name sue and be sued.
3. (3) The Authority shall consist of the following members, namely:—
   • (a) The Minister for Transport, who shall be the Chairperson of the Authority;
   • (b) The Secretary to the State Government, Transport Department, who shall be the Vice-Chairperson of the Authority;
   • (c) The Mayor in the Urban Mobility Area;
   • (d) One member nominated by the State Government from among the Members of the Legislative Assembly in the Urban Mobility Area;
   • (e) One Municipal Chairman nominated by the State Government from among the Municipal Chairmen in the Urban Mobility Area;
   • (f) The Secretary to State Government, Finance Department—ex-officio;
   • (g) The Secretary in charge of the urban affairs of the Local Self Government Department of the State Government —ex-officio;
   • (h) The Transport Commissioner of the State Government —ex-officio;
     • (i) The District Collector of the district where the Urban Mobility Area situates— ex-officio;
   • (j) The City Police Commissioner concerned—ex-officio;
   • (k) The Chief Town Planner—ex-officio;
   • (l) The Deputy Transport Commissioner having jurisdiction over the Urban Mobility Area concerned—ex-officio;
   • (m) The District Officer, Town and Country Planning Department having jurisdiction over the Urban Mobility Area concerned—ex-officio;
   • (n) Four experts from any of the fields of transportation engineering, urban transport planning, urban transport operations, corporate governance, finance or law, nominated by the State Government;
   • (o) The Chief Executive Officer of the Authority.
4. (4) The following persons may be invited to the meetings of the Authority as special invitees whenever their presence becomes necessary in the meeting namely: — Area.
   • (a) Members of the Kerala Legislative Assembly in the Urban Mobility Area who are not members of the Authority;
   • (b) Chairmen or Presidents of the Local Self Government Institutions, in the Urban Mobility Area who are not members of the Authority;
   • (c) Secretaries of the Local Self Government Institutions in the Urban Mobility

No member of the Authority shall have any

share or private interest, whether in his own name or otherwise, in any company or body corporate or an association of persons (whether incorporated or not) or a firm engaged in the business of urban transport or Urban Transport Ancillary Services.

1. (1) The term of office, allowances payable to, and the other conditions of service of the members, as the case may be, shall be such as may be prescribed by rules.
2. (2) Where the Chairperson is unable to discharge the functions owing to his absence, illness or any other cause, the Vice-Chairperson, in his absence a member, as may be designated by the State Government, shall discharge the functions of the Chairperson until the Chairperson resumes his charge.
3. (3) The Chairperson or any member shall not, after the cessation of such office, represent any person engaged in the commercial business of urban transport or Urban Transport Ancillary Services before the Authority in any manner.

1. (1) Any member, other than an exofficio member may, by notice in writing under his hand addressed to the State Government, resign his office: Provided that a member, who has given notice of his resignation, shall continue to hold office till the acceptance of his resignation by the State Government.
2. (2) Notwithstanding anything contained in sub-section (1), the State Government may, by order, remove the member appointed or nominated by the State Government from his office if he,—
   • (a) is or at any time, has been adjudged as an insolvent; or
   • (b) has been convicted of an offence which in the opinion of the State Government involves moral turpitude; or
   • (c) has so abused his position as to render his continuance in office prejudicial to the public interest; or
   • (d) has become physically or mentally incapable of acting as member: Provided that no member shall be removed from office under clause (c) unless the State Government, after holding an inquiry and providing a reasonable opportunity of hearing contentions of the member proposed to be removed from the office in accordance with such procedure as may be prescribed by the rules in this behalf, is satisfied that such member ought to be removed from such office on such grounds: Provided further that the State Government may suspend such member during the period of such inquiry.
3. (3) If a casual vacancy arises in the office of a nominated member, either by reason of death, resignation, removal or otherwise, such vacancy shall be filled up, as soon as may be, by the State Government and such nominated member shall hold office only for the remaining period of the term of office of the person in whose place he is nominated as a member.

The Chairperson shall have the powers of general superintendence, administration and control in respect of all administrative matters of the Authority:

Provided that the Chairperson may delegate such of his powers relating to administrative matters of the Authority, in the manner as he may deems fit, to the Vice-Chairperson or in his absence to any other member.

1. (1) The State Government shall, by notification in the Official Gazette, appoint a person as the Chief Executive Officer of the Authority with such qualifications and on such terms and conditions as may be prescribed by rules. The Chief Executive Officer shall be responsible for the implementation of the decisions of the Authority and general administration as may be prescribed by regulations or any other matter as may be delegated by the Chairperson or the Authority.
2. (2) The Authority may appoint, in accordance with the procedure and on terms and conditions specified by regulations, such number of officers, experts, professionals and supporting staff as may be necessary. Such officers, experts or professionals shall have special knowledge and experience in transportation engineering, urban planning, law, business or such other disciplines related to urban transportation or other disciplines, as may be necessary to assist the Authority in the discharge of its functions.
3. (3) The Authority may with the concurrence of the State Government, engage, from time to time, on contract basis such other officers or consultants or an organisation having experts in fields as mentioned in sub-section (2), as it deems necessary, for the due and proper performance of its functions under this Act.
4. (4) The salaries and allowances payable to, and other terms and conditions of service of, the officers and employees of the Authority shall be governed by such conditions of service as may be prescribed by regulations.

1. (1) The Authority shall meet at such time and places and shall observe such procedure in regard to the transaction of business at its meetings as may be prescribed by regulations and at least one such meeting shall be held in every three months. The quorum for a meeting of the Authority shall be one third of the total members.
2. (2) The Chairperson shall preside over the meetings of the Authority.
3. (3) Where the Chairperson is unable to attend any meeting of the Authority for any reason, the Vice-Chairperson or in his absence, a member decided by other members present at the meeting shall preside over the meeting.
4. (4) All issues which come before any meeting of the Authority shall be decided on the basis of majority of votes of the members present and in the event of equality of votes, the Chairperson or, in his absence, the person presiding, shall have a casting vote.
5. (5) Every member who in any way, whether directly, indirectly or personally, has an interest in any matter to be decided at the meeting, shall disclose the nature of his interest and after such disclosure, the member so interested shall not participate either in deliberations or in the voting on the matter.
6. (6) All orders and decisions of the Authority shall be authenticated by the Chief Executive Officer or any other officer of the Authority duly authorised by the Chairperson in this behalf.
7. (7) The proceedings of the Authority shall be valid notwithstanding any vacancy in the membership or any defect in the constitution thereof.
8. (8) Where the Government deems it necessary to discuss the matters applicable to two or more Authorities and to take common decision, the Government may give direction to any Authority to call joint meeting of such Authorities and the Chairperson of the Authorities shall preside over such meeting. The procedures regarding the holding of joint meeting and the quorum required for the meeting shall be such as may be prescribed by rules.

1. (1) The Authority may, from time to time, constitute committees consisting of such members as it deems fit and may associate with such committees, in such manner and for such period as may be necessary, any expert whose assistance or advice it may desire and refer to such committees for enquiry and report, any subject relating to the purposes of this Act.
2. (2) The Authority may, as may be necessary, appoint an expert or a committee of experts and refer to such committees any subject relating to the aims and objectives of this Act for enquiry and report.
3. (3) The persons associated with the committee under sub-section (1) or appointed as members of the committee under sub-section (2) shall be eligible to get such rate of allowances or fees for attending the meetings of the committees as may be determined by the Authority.
4. (4) Every committee appointed under sub-section (1) or sub-section (2) shall comply with the instructions that may, from time to time, be given to it by the Authority and the Authority may at any time alter the constitution of any committee so appointed or rescind any such appointment. The Authority shall nominate any one of the members as the Chairman of a committee constituted under sub-section (1) and any one expert as the Chairman in respect of a committee constituted under sub-section (2).
5. (5) The procedure to be followed by the committees and all other matters relating to the committees shall be such as may be prescribed by regulations.