Bare Act
Chapter II Chapter II
Chapter II Chapter II
3. Notification of the bus terminals
Notification of Bus Terminals and Constitution of the Authority
- (1) The State Government may notify any bus terminal vested in it for the purpose of this Act specifying the premises thereof.
- (2) With effect from the date of notification under sub-section (1), the premises specified in the said notification and the property therein shall vest in the Authority and may be utilised by the Authority for the purposes of this Act.
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4. Constitution of the Authority
- (1) The State Government shall, as soon as may be after the commencement of this Act, constitute, by notification in the Official Gazette, an authority to be called the Rajasthan State Bus Terminal Development Authority for the purposes of this Act.
- (2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold, and dispose of property, both movable and immovable, and to contract, and may by the said name sue and be sued.
- (3) The headquarters of the Authority shall be at Jaipur or at such other place as the State Government may notify in this behalf.
- (4) The Authority shall consist of -
- (a) a Chairperson, to be appointed by the State Government, by notification in the Official Gazette;
- (b) four full time members, to be appointed by the State Government, by notification in the Official Gazette;
- (c) six part-time members to be appointed by the State Government by notification in the Official Gazette, out of which three shall be the officers of the State Government, not below the rank of a Secretary to the State Government, one each of whom shall be from the Finance Department, the Planning Department and the Transport Department respectively, and the remaining three shall be eminent persons from the field of management, finance, banking, transport services, engineering, architecture, hotel and restaurant, commerce and industry and legal or accountancy profession.
- (5) The Chairperson and full time members shall be appointed by the State Government on the recommendation of a screening committee consisting of-
- (a) Chief Secretary to the State Government - Chairperson;
- (b) Secretary to the Government incharge of Finance Department - Member;
- (c) Secretary to the Government incharge of Planning Department - Member;
- (d) Secretary to the Government incharge of Public Works Department - Member; and
- (e) Secretary to the Government incharge of Transport Department - Member-secretary. Explanation.- For the purposes of this sub-section and section 31, expression “Secretary to the Government incharge” means the Secretary to the Government incharge of a department and includes an Additional Chief Secretary or a Principal Secretary when he is incharge of a department.
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5. Disqualification of members
A person shall be disqualified to be, or from being appointed as, the Chairperson or a member, if he -
- (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or
- (b) is an undischarged insolvent; or
- (c) is of unsound mind and stands so declared by a competent Court; or
- (d) has been dismissed from service of the Central or any State Government or a body corporate owned and controlled by that Government; or
- (e) has in the opinion of the State Government, such financial or other interests in the Authority as is likely to affect, prejudicially, the discharge by him of his functions as a member.
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6. Term of office and conditions of service of members
- (1) (i) The Chairperson and a full time member shall hold office for a period of three years from the date on which he enters upon his office, or till he attains the age of sixty five years, or during the pleasure of the State Government, whichever is earlier; and
- (ii) Every non-official part-time member shall hold office for a period of two years from the date on which he enters upon his office, or till he attains the age of sixty five years, or during the pleasure of the State Government, whichever is earlier.
- (2) The salary, allowances and other terms and conditions of service of the non-official members shall be such as may be prescribed by rules.
- (3) Any non-official member may resign his office by giving notice in writing to the State Government and on such resignation being accepted by the State Government, such member shall be deemed to have vacated his office.
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7. Meetings
- (1) The Authority shall meet at such time and place, and shall observe such rules of procedure, including quorum at such meetings, in regard to the transaction of the business at its meetings as may be prescribed by rules.
- (2) The Chairperson or, if for any reason he is unable to attend any meeting of the Authority, any other member chosen by the members present at the meeting shall preside over the meeting.
- (3) All questions which come up before any meeting of the Authority shall be decided by a majority of the votes of the members present and voting, and, in the event of an equality of votes, the Chairperson, or in his absence, the person presiding, shall have and exercise a second or casting vote.
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8. Vacancy not to invalidate proceedings
No act or proceeding of the Authority shall be invalid merely by reason of-
- (a) any vacancy in, or any defect in the constitution of, the Authority; or
- (b) any defect in the appointment of a person acting as a member of the Authority; or
- (c) any irregularity in the procedure of the Authority not affecting the merits of the case.
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9. Authentication of orders of the Authority
All orders, decisions and other instruments of the Authority shall be authenticated by the signature of the Chairperson or any other member or any officer of the Authority authorized by it in this behalf.
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10. Administrative and functional structure of the Authority
The administrative and functional structure of the Authority shall be formulated as prescribed in the regulations made in this behalf by the Authority.
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11. Appointment of officers and employees
- (1) For the purposes of discharging its functions, the Authority may, with the prior approval of the State Government, appoint such number of officers and employees as it may consider necessary.
- (2) The salary, allowances and other terms and conditions of service of the officers and employees of the Authority shall be such as may be prescribed by the regulations made by the Authority with the prior approval of the State Government.
- (3) The Authority may appoint, from time to time, any person as consultant as it may consider necessary, on such terms and conditions as may be specified by the regulations.
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