Chapter VII Chapter VII

Miscellaneous

The State Government may, by notification in the Official Gazette, direct that any power exercisable by it (except the powers conferred by section 37) under this Act shall, subject to such conditions and limitations, if any, as may be specified in the notification, be exercisable by the Authority or any other authority or by an officer of the State Government or the Authority, as may be specified in the notification.

The Authority may, by general or special order in writing, delegate to the Chairperson or any other member or to any officer of the Authority, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act (except its powers under section 38) as it may deem necessary.

1. (1) Any person aggrieved by a decision or an order of any officer under this Act may file an appeal within sixty days from the date of communication of such decision or order,-
   • (a) in case such officer is subordinate to the State Government, to the Secretary incharge of the Transport Department; and
   • (b) in case such officer is subordinate to the Authority, to the Authority: Provided that the Secretary incharge of the Transport Department or the Authority, as the case may be, may, if he or it is satisfied that the appellant was prevented by sufficient cause from filing appeal within the said period, allow the appeal to be filed within a further period not exceeding sixty days.
2. (2) Any person aggrieved by a decision of the Secretary incharge of the Transport Department or the Authority, as the case may be, may file a revision petition before the State Government within ninety days from the date of communication of the decision or order: Provided that the State Government may, if it is satisfied that the petitioner was prevented by sufficient cause from filing the revision within the said period, allow the revision petition to be filed within a further period not exceeding ninety days.

Save as provided in this Act, no appeal shall lie in any court or other authority and no civil court shall have any jurisdiction in respect of any matter in respect of which the State Government or the Authority, or any officer of the State Government or the Authority is empowered by or under this Act and no injunction shall be granted by any court or other authority in respect of any action taken or proposed to be taken in pursuance of any power conferred by or under this Act.

An officer authorized in this behalf under this Act shall, if he decides to make an inquiry for the purposes of this Act, make an inquiry in such manner as may be prescribed by the regulations.

All members, officers and employees of the Authority shall, when acting or purporting to act in pursuance of the provisions of this Act or of any rules or regulations made thereunder, be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).

No suit, prosecution or other legal proceeding shall lie against the Authority or any member or officer or employee of the Authority for anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or regulations made thereunder.

A police officer shall assist the Authority and its officers and employees in the exercise of their powers or in discharge of their functions under this Act or rules or regulations made thereunder.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for -
   • (a) the salary, allowances and other terms and conditions of service of the non-official members of the Authority under sub-section (2) of section 6;
   • (b) the time, place and rules of procedure including the quorum of meetings of the Authority under sub-section (1) of section 7;
   • (c) the charging and collection of rental, fee or user charges in connection with the services and the facilities to be provided by the Authority under sub-section (2) of section 12;
   • (d) the manner of administration of fund of the Authority under sub-section (3) of the section 18;
   • (e) the form in which, and the time at which, the budget is to be prepared under section 19;
   • (f) the form in which an annual report shall be prepared by the Authority under section 22; and
   • (g) the manner of maintaining the accounts of the Authority and the form in which the annual statement of accounts shall be furnished by the Authority under section 23.

1. (1) The Authority may, by notification in the Official Gazette, make regulations, not inconsistent with this Act and the rules made thereunder, to carry out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
   • (a) the administrative and functional structure of the Authority under section 10;
   • (b) the salary, allowances and other terms and conditions of service of officers and other employees of the Authority, under sub-section (2) of section 11;
   • (c) terms and conditions of employment of consultant under sub-section (3) of section 11;
   • (d) the contracts or classes of contracts which are to be sealed with the common seal of the Authority, under sub-section (1) of section 16;
   • (e) the form and manner in which contracts shall be made by the Authority, under sub-section (2) of section 16;
   • (f) the manner in which excess money of the Authority shall be invested, under section 20;
   • (g) the manner in which inquiry shall be made under section 33;
   • (h) securing the safety of buses, vehicles and persons using the notified bus terminal and preventing danger to the public arising from the use and operation of buses;
     • (i) preventing obstruction within the notified bus terminal for its normal functioning;
   • (j) prohibiting the parking or waiting of any vehicle or carriage within the notified bus terminal except in places specified by the Authority;
   • (k) prohibiting or restricting access to any part of the notified bus terminal;
   • (l) preserving order within the notified bus terminal and preventing damage to property etc.;
   • (m) regulating or restricting advertising within the notified bus terminal;
   • (n) requiring any person, if so directed by any officer appointed by the Authority in this behalf, to leave the notified bus terminal or any particular part of the notified bus terminal; and
   • (o) generally for the efficient and proper management, development and upgrade of the notified bus terminal.
3. (3) Any regulation made under any of the clauses (a) to (o) of sub-section (2) may provide that a contravention thereof shall be punishable with such fine not exceeding rupees twenty five thousand as may be specified by such regulations and in case of a continuing contravention with an additional fine not exceeding rupees five hundred per day as may be specified by such regulations for such contravention.
4. (4) No regulation made by the Authority under this section shall have effect until it has been approved by the State Government and published in the Official Gazette.

Every rule and every regulation made under this Act shall be laid, as soon as may be after it is so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or of the sessions immediately following, the House of the State Legislature makes any modification in the rule or regulation or resolves that the rule or regulation should not be made, the rule or regulation, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

Any penalty, cost or any other amount recoverable under this Act or the regulations made thereunder may, if not paid instantly, be recovered as an arrear of the land revenue on the certificate of an officer of the Authority authorized in this behalf.

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1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification in the Official Gazette, make an order, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the House of the State Legislature.