Chapter 7 THE RAJASTHAN STATE HIGHWAYS AUTHORITY

1. (1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, there shall be constituted for the purposes of this Act an Authority to be called the Rajasthan State Highways Authority. (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 shall by the said name sue and be sued. (3) The Authority shall consist of- (a) a Chairperson; (b) four full-time members of whom one each shall be the member-in-charge of (i) finance, (ii) safety and technology, (iii) works contracts and operations; and (iv) concessions and public private partnerships; and (c) six part-time members, to be appointed by the State Government by notification in the Official Gazette, of whom one each, not being lower in rank than a Secretary to the Government, shall be the nominee of the Finance Department, the Planning Department and the Transport Department respectively, and one each shall be an eminent person from the field of (i) finance or banking, (ii) technology and research in roads, and (iii) judiciary or law. (4) The Chairperson and full-time members shall be appointed by the State Government, by notification in the Official Gazette, on the recommendation of a Search and Selection Committee consisting of- (a) Chief Secretary - Chairman; (b) An Additional Chief Secretary or a Principal Secretary to be nominated by the State Government - Member; (c) Secretary-in-charge of Public Works Department - Member; (d) Chairman of a public sector undertaking, to be nominated by the State Government - Member; and (e) Head of a research, technical or management institute, to be nominated by the State Government - Member.

The term of office of the members shall ordinarily be five years and their conditions of service shall be such as may be prescribed: Provided that no person shall be appointed as Chairperson or member after he attains the age of sixty-two years or shall serve in such capacity after he attains the age of sixty-five years: Provided further that the State Government may, in its discretion, terminate the term of office of any member, including the Chairperson, at any time by giving a notice of three months or the salary and allowances in lieu thereof.

A person shall be disqualified for being appointed as 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 removed or dismissed from the service of the State Government or a Corporation owned or controlled by the State Government; or (e) has, in the opinion of the State Government, such financial or other interest in the Authority as is likely to affect prejudicially the discharge by him of his functions as a member.

Subject to the other terms and conditions of service as may be prescribed, any person ceasing to be a member shall be eligible for re-appointment as such member if he has not attained the age of sixty-four years on the date of re-appointment.

1. (1) The Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings, including the quorum thereat, as may be specified by regulations. (2) If for any reason the Chairperson is unable to attend any meeting of the Authority, any other member chosen by the members present at the meeting shall preside at the meeting. (3) All questions which come up before any meeting of the Authority shall be decided by a majority of 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.

No act or proceeding of the Authority shall be invalidated 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 adopted by the Authority not affecting the merits of the case.

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 110) as it may deem necessary.

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 authorised by it in this behalf.

1. (1) For the purpose of discharging its functions, the Authority shall appoint such number of officers and other employees as it may consider necessary on such terms and conditions as may be specified by regulations. (2) The Authority may appoint, from time to time, any person as adviser or consultant as it may consider necessary, on such terms and conditions as may be specified by regulations.

1. (1) If, at any time, the State Government is of opinion that in the public interest it is necessary or expedient so to do, it may, by order, direct the Authority to entrust the development and operation of any highway or a part thereof with effect from such date and for such period and to such person as may be specified in the order and the Authority shall be bound to comply with such direction. (2) Where development and operation of any highway or part thereof is entrusted to any person specified under sub-section (1) (hereafter in this section referred to as the authorised person), the Authority shall cease to exercise and discharge all its powers and functions under this Act in relation to such highway or part thereof and such powers and functions shall be exercised and discharged by the authorised person in accordance with the instructions, if any, which the State Government may give to the authorised person from time to time: Provided that no such power or function as may be specified by the State Government by a general or special order shall be exercised or discharged by the authorised person except with the previous sanction of the State Government. (3) The State Government may reduce or extend the period mentioned in sub­section (1) as it considers necessary. (4) During the operation of an order made under sub-section (1), it shall be competent for the State Government to issue, from time to time, such directions to the Authority as are necessary to enable the authorised person to exercise the powers and discharge the functions of the Authority under this Act in relation to the highway or part thereof, the operation of which has been entrusted to him and in particular, to transfer any sum of money from the Fund of the Authority to the authorised person for the operation of the highway or part thereof and every such direction shall be complied with by the Authority. (5) On the cesser of operation of any order made under sub-section (1) in relation to any highway or part thereof, the authorised person shall cease to exercise and perform the powers and functions of the Authority under this Act in relation to such highway or part thereof and the Authority shall continue to exercise and perform such powers and functions in accordance with the provisions of this Act. (6) On the cesser of operation of any order made under sub-section (1) in relation to any highway or part thereof, the authorised person shall hand over to the Authority any property (including any sum of money or other asset) remaining with him in connection with the operation of such highway or part thereof.

1. (1) If, at anytime, the State Government is of the opinion- (a) that the Authority has persistently made default in complying with any direction issued by the State Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act; or (b) that circumstances exist which render it necessary in the public interest so to do, the State Government may, by notification in the Official Gazette, supersede the Authority for such period, not exceeding one year, as may be specified in the notification: Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (b), the State Government shall give a reasonable opportunity to the Authority to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Authority. (2) Upon the publication of a notification under sub-section (1) superseding the Authority,- (a) all the members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority, shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the State Government may direct; and (c) all property owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section (3), vest in the State Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may- (a) extend the period of supersession for such further term, not exceeding one year, as it may consider necessary; or (b) reconstitute the Authority by fresh appointment and in such a case, any person who vacated office under clause (a) of sub-section (2) shall not be deemed disqualified for appointment: Provided that the State Government may, at any time before the expiration of the period of supersession whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section. (4) The State Government shall cause a notification issued under sub-section (1) or sub-section (3) and a full report of any action taken under this section and the circumstances leading to such action to be laid before the House of the State Legislature as soon as may be