The Telangana Road Development Corporation Act, 1998

(1) This Act may be called the Telangana Road Development Corporation Act, 1998. (2) It extends to the whole of the State of Telangana. (3) It shall be deemed to have come into force on the 27th September, 1997.

In this Act unless the context otherwise requires,- (a) “Corporation” means the Telangana Road Development Corporation established under section 3; (b) “Government” means the State Government of Telangana. (c) “Local Authority” means,- (i) A Gram Panchayat, a Mandal Praja Parishad or a Zilla Praja Parishad constituted under the Telangana Panchayat Raj Act, 1994; (ii) a Municipality or a Notified Area Committee constituted under the Telangana Municipalities Act, 1965; (iii) A Municipal Corporation constituted under any law for the time being inforce relating to Municipal Corporations; (d) “National Highway” means any highway for the time being declared as a National Highway under section 2 of the National Highways Act, 1956; (e) “Notification” means a notification published in the Telangana Gazette and the word „notified‟ shall be construed accordingly; (f) “Prescribed” means prescribed by rules made under this Act; (g) “Road” means the ground appropriated for public travel or forming a communication between one place and another and includes a highway, openway, passage street, square, court alley, bridge, foot track, path, sidewalk or lane, whether surfaced or unsurfaced and whether a thoroughfare or not, over which the public have a right of way and also includes; (i) any land acquired or demarcated with a view to construct a road along it; (ii) any slope, berm, borrowpits, foot paths, pavements and side catch and boundary drains attached to such road; (iii) all bridges, culverts, tunnels, causeways, carriage ways and other structures constructed on or across such road; and (iv) all trees, fences, posts, boundary and land marks and other road accessories and materials and material stocks on the road; (h) “Regulation” means regulations made under this Act.

(1) The State Government shall, by notification, establish for the purposes of this Act, a Corporation to be called Telangana Road Development Corporation, (2) The Corporation established under sub-section (1) shall be a body corporate having perpetual succession and a common seal, with power to contract, acquire, hold and dispose of property, both movable and immovable and to do all things necessary for the purposes of this Act and may sue and be sued by its corporate name. (3) The Head Office of the Corporation shall, be at Hyderabad.

(1) The Corporation shall consist of the following members, namely:- (a) Person to be appointed by the Government. .. Chairperson; (b) Chief Secretary to Government. .. Ex-Officio Vice-Chairman; (c) Principal Secretary to Government Transport, Roads & Buildings Department or Secretary to Government, Transport, Roads & Buildings Department. .. Ex-Officio Member; (d) Principal Secretary to Government Finance & Planning Department or Secretary to Government, Finance and Planning Department; .. Ex-Officio Member; (e) Engineer-in-Chief, Roads and Buildings or Chief Engineer, Roads & Buildings (Roads). .. Ex-Officio Member; (f) One non-official member representing reputed and recognised financial institutions, to be nominated by the Government; (g) An Officer of the Indian Administrative Service not below the rank of a Deputy Secretary to Government or Engineer-in-Chief, Roads and Buildings or Chief Engineer (Roads and Buildings) may be appointed by the Government as the Member-Secretary of the Corporation, and he shall be designated as the Managing Director of the Corporation; and (h) Two other members to be nominated by the Government from officials or non-officials. (2) The term of office of nominated Chairperson and nominated members shall be for a period as notified by the Government unless terminated earlier by the Government. (3) The non-official members of the Corporation nominated under clauses (f) and (h) of sub-section (1) shall receive such remuneration and allowances as may be laid down by regulations. (4) The official members of the corporation shall receive such compensatory allowances, for the purposes of meeting the personal expenditure in attending the meetings of the Corporation, as may be laid down by regulations.

(1) A person shall be disqualified for being nominated as a non-official member or continue to be such member if he,- (a) is an employee of the Corporation, except the Managing Director; (b) is of unsound mind, and stands so declared by a competent court; (c) is an undischarged insolvent; (d) is convicted for an offence involving moral turpitude; (e) has, directly or indirectly by himself or by any partner, employer or employee, any share or interest, whether pecuniary or of any other nature, in any contract or employment with, by or on behalf of the Corporation; or (f) is a Director, Secretary, Manager or other Officer of any company, which has any share or interest in any contract or employment with, by or on behalf of, the Corporation: Provided that a person shall not be disqualified under clause (e) or clause (f) by reason only of his or the Company of which he is a Director, Secretary, Manager or other Officer, having a share or interest in,- (i) any sale, purchase, lease or exchange of immovable property or any agreement for the same; (ii) any agreement for loan of money or any security for payment of money only; (iii) any news paper in which any advertisement relating to the affairs of the Corporation, is published. (2) The Government may remove from the Corporation any non-official member nominated by the Government, who in its opinion,- (a) has been disqualified under sub-section (1); (b) refuses to act; (c) has so abused his position as a member as to render his continuance on the Corporation detrimental to the interest of the public; or (d) is otherwise unsuitable to continue as member. No order of removal under sub-section (2) shall be made unless the non-official member has been given an opportunity to submit his explanation to the Government and when such order is passed, the office of the member so removed shall be deemed to be vacant. A member who has been so removed under sub-section (3) shall not be eligible for re-appointment as member or in any other capacity in the Corporation.

The Corporation may, from time to time, constitute a Committee, or Committees out of its members specified in sub-section (1) of section 4 consisting of such number of them as it may think proper and may delegate to such Committee or Committees such powers of the Corporation as it may deem fit for carrying out the purposes of this Act.

Any vacancy of a member of the Corporation shall be filled as early as practicable, in like manner as if the appointment were being made for the first time.

No act done or proceedings taken under this Act by the Corporation or a Committee appointed by the Corporation shall be invalidated merely on the ground of,- (a) any vacancy of a member or any defect in the constitution or reconstitution of the Corporation or a Committee thereof; or (b) any defect or irregularity in the appointment of a person as a member of the Corporation or of a Committee thereof; or (c) any defect or irregularity in such act or proceedings, not affecting the substance.

No person who has, directly or indirectly, by himself or by his partner or agent, any share or interest in any contract, by or on behalf of the Corporation, or in any employment under, by or on behalf of the Corporation otherwise than as an officer or servant thereof, shall be qualified to be an officer or servant of the Corporation.

All proceedings of the Corporation shall be authenticated by the Chairman or Vice-Chairman and all orders and instruments of the Corporation shall be authenticated by the Managing Director or any other officer of the Corporation as may be authorised in this behalf by regulations.

The Government may from time to time, by notification vest in or as the case may be entrust to the Corporation any of the following roads or any stretches thereof namely,- (a) roads vested in the Government and under the control of the Roads and Buildings Department of the Government; (b) roads vested in and belonging to a Cantonment Board constituted under the Cantonment Act, 1924 to the extent of any agreement with such Cantonment Board.

Subject to the provisions of any law for the time being in force, on and from the date of a notification under section 14,- (a) all properties and assets comprising of movables and immovables of such roads vested in the Government and under the control of the Roads and Buildings Department of the Government, shall vest in and stand transferred to the Corporation; (b) all rights, obligations and liabilities, acquired or incurred, all contracts entered into and all matters and things engaged to be done by, with, or for the Government, immediately before such date for or in connection with the purposes of any road or any stretch thereof vested in, or entrusted to, the Corporation under section 14, shall be deemed to have been acquired, incurred, entered into and engaged to be done by, with or for, the Corporation; (c) all non-recurring expenditure incurred by or for the Government, for or in connection with the purposes of any road or any stretch thereof so vested in or entrusted to, the Corporation, upto such date and declared to be capital expenditure by the Government shall, subject to such terms and conditions as may be prescribed, be treated as capital provided by the Government to the Corporation; (d) all sums of money due to the Government in relation to any road or any stretch thereof so vested in or entrusted to,

(1) It shall be the function of the Corporation to develop, maintain and manage the roads or any stretches thereof vested in, or entrusted to, it by the Government. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the Corporation may, for the discharge of its functions,- (a) survey, develop, maintain and manage the roads vested in, or entrusted to it; (b) raise resources for such development, maintenance and management of such roads; (c) construct offices and workshops and establish and maintain hotels, motels, restaurants and rest-rooms at or near the roads vested in, or entrusted to it; (d) regulate and control the use of the roads vested in, or entrusted to it for the proper management thereof; (e) develop and provide consultancy and construction services and carry on research activities in relation to the development, maintenance and management of roads or any facilities there at; (f) provide such facilities and amenities for the users of the roads vested in, or entrusted to it as are in the opinion of the Corporation necessary for the smooth flow of traffic on such roads; (g) advise the Government on all matters relating to roads and assist the Government in formulation and implementation of schemes for road development; (h) collect such fees and charges including toll fee for services and benefits rendered in relation to the use of the roads vested in, or entrusted to it at such rates and in such manner, as may be prescribed; (i) invite tenders, bids or offers and enter into contracts in respect of the roads vested in, or entrusted to it, for the purposes of the activities of the Corporation; (j) to undertake schemes or works, either jointly with other corporate bodies, or institutions, or local authorities or Government, or on agency basis in furtherance of the purposes for which, the Corporation is established and all matters connected therewith; (k) to develop the lands adjacent to or nearby the roads vested in, or entrusted to it with greenery and other infrastructural facilities; (l) prepare annual plans and five year working development plans; (m) prepare annual budget; (n) take all such steps as may be necessary or convenient for, or may be incidental to, the exercise of any power or the discharge of any function conferred or imposed on it by this Act; and (o) undertake any other activities entrusted by the Government in furtherance of the objectives for which the Corporation is established.

(1) The Corporation shall have the power to accord administrative approval, revised administrative approval, technical sanction, accept all tenders, sanction budget and make financial provisions, settle disputes arising out of contracts and do any other things which may be necessary or expedient for the purpose of carrying out its functions under this Act. (2) without prejudice to the generality of the foregoing provisions such power shall include the power,- (a) to acquire and hold property, both movable and immovable as the Corporation may deem necessary for the performance of any of its functions, duties and activities and to lease, sell, exchange or otherwise transfer any property held by it on such conditions as may be deemed proper by the Corporation; (b) to take measures for protection of environment, maintenance of ecological balance and prevention of pollution in carrying on its activities; (c) to engage suitable consultants or persons having special knowledge or skill to assist the Corporation in the performance of its functions; and (d) to do all such other things and perform such acts as may be necessary for or incidental or conducive to any matters which are necessary for furtherance of the objectives for which the Corporation is established.

The Corporation shall pay any interest due on the borrowed money from the Corporation Fund.

The Government may issue to the Corporation such general or special directions as to policy or exercise of the powers or performance of the functions by the corporation as it may think necessary or expedient for carrying out the purposes of this Act and the Corporation shall be bound to follow and act upon such directions.

The Government may for carrying out the purposes of this Act, compulsorily acquire land under the Land Acquisition Act, 1894 and the acquisition of any land for any of the said purposes shall be deemed to be a public purpose within the meaning of that Act.

(1) For the furtherance of the objects of this Act, the Government may, by notification, upon such conditions as may be agreed upon between the Government and the Corporation, place at the disposal of the Corporation any lands vested in the Government: Provided that the Government shall not place at the disposal of the Corporation any lands which are notified and included in a reserved forest. (2) After any such land has been so placed at the disposal of the Corporation it shall be dealt with by the Corporation in accordance with the provisions of this Act or the rules or regulations made thereunder and the directions, if any, given by the Government in this behalf. (3) If any land placed at the disposal of the Corporation under sub-section (1) is not required by the Corporation, the Government may ask the Corporation to surrender it to the Government upon such terms and conditions as may be mutually agreed upon.

Subject to any rules made by the Government under this Act in this behalf, the Corporation may retain, lease, sell, exchange or otherwise dispose of any land, any building or other property vested in it, in such manner as it thinks fit for carrying out the purposes of this Act.

All property, fund and other assets vesting in the Corporation shall be held and applied by it, for the purposes of this Act.

(1) The Government shall, by appropriation duly made in this behalf, from time to time, provide funds to the extent considered necessary, to the Corporation for the performance of the functions of the Corporation under this Act. (2) The Capital provided by the Government shall not carry any interest.

The Government may after due appropriation made by the State Legislature by the Law in this behalf, make such grants, subventions, loans and advances to the Corporation as it may deem necessary for the performance of the functions of the Corporation under this Act and all grants, subventions, loans and advances made shall be on such terms and conditions as the Government may determine.

(1) The Corporation, may subject to such conditions as may be prescribed in this behalf, borrow money from the financial institutions or Non-resident Indians or from the open market by issue of guaranteed or unguaranteed bonds, debentures, stocks and otherwise, for the purpose of providing itself with adequate resources. (2) The maximum amount which the Corporation may at any time have on loan under sub-section (1) shall not exceed Rs. 1,000 crores unless the Government fixes a higher maximum limit for this purpose.

The Corporation may accept deposits on such conditions as it deems fit from persons, authorities or institutions, to whom allotment or lease or sale of land or buildings or other properties or rights is made or is likely to be made in furtherance of the objects of this Act.

The Corporation shall have the authority to spend such sums as it thinks fit for the purposes authorised under this Act from and out of the fund of Corporation referred to in section 24 or from the reserve and other funds referred to in section 31, as the case may be.

It shall be competent for the Corporation to spend such sums, as it thinks fit also on objects authorized under this Act other than roads and such sums shall be treated as common expenditure payable out of the fund of the Corporation.

(1) The Corporation shall make provisions for such reserve and other specially denominated funds as the Government may, from time to time, direct. (2) The management of the funds referred to in sub-section (1), the sums to be transferred, from time to time, to the credit thereof and the application of money comprised therein, shall, subject to the directions, if any, issued by the Government in this behalf, be determined by the Corporation. (3) None of the funds referred to in sub-section (1) shall, except with the previous approval of the Government, be utilised for any purposes other than that for which it is constituted.

The Corporation shall consider the budget estimates submitted to it under section 32 and approve the same with or without modifications on or before such date as the Government may, from time to time, determine.

The Government may guarantee the repayment of any loans and payment of interest on all or any of the loans given or transferred to the Corporation.

The interest, charges and all other expenditure shall be added to the capital cost and all receipts shall be taken in reduction of such cost if the Corporation is in deficit.

(1) Notwithstanding anything contained in the last preceding section, the Government may order that there shall be concurrent audit of the accounts of the Corporation by such person as it thinks fit. The Government may also direct a special audit to be made by such person as it thinks fit of the accounts of the Corporation relating to any particular transaction or class or series of transactions of a particular period. (2) When an order is made under sub-section (1), the Corporation shall present or cause to be presented for audit all such accounts and shall furnish to the person, appointed under sub-section (1) such information as the said person may require for the purpose of audit.

(1) The Corporation shall prepare and submit to the Government, in such form as may be prescribed, an annual report within six months after the end of every financial year of its activities during the previous financial year, with particular reference to,- (a) development, maintenance and management of roads vested in, or entrusted to it; and (b) other activities of the Corporation. (2) The Corporation shall also furnish to the Government such returns, statistics reports, accounts and other information with respect to its conduct of affairs properties or activities or in regarding any proposed work or scheme as the Government may, from time to time, require.

Every contract or assurance of property on behalf of the Corporation shall be in writing and executed by such authority or officer in such manner as may be provided by regulations.

Whoever contravenes the provisions of this Act or any rule or regulation made thereunder or fails to comply with any notice, order or requisition issued under this Act shall on conviction, be punished with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.

Any officer or servant of the Corporation generally or specially authorised by the Corporation may at all reasonable times enter upon any land or premises and do such things as may be necessary for the purpose of lawfully carrying out any of its works or of making any survey, examination or investigation preliminary or incidental to the exercise of powers or the performance of functions by the Corporation under this Act.

All sums due or payable by any person to the Corporation or recoverable by it on account of any charge, costs, expense, fees, rent, compensation or any other account under this Act or any rule or regulation made thereunder or any agreement made with the Corporation and all charges or expenses incurred in connection therewith shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue.

(1) All notices, orders and other documents required by the Act or any rule or regulations made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rule or regulation, be deemed to be duly served,- (a) where a person to be served is a Company, the service is effected in accordance with the provisions of section 51 of the Companies Act, 1956; (b) where the person to be served is a firm, if the document is addressed to the firm at its principal place of business identifying it by the name and style under which its business is carried on and is either,- (i) sent under a certificate of posting or by registered post; or (ii) left at the said place of business; (c) where the person to be served is a statutory public body or a corporation or a society or other body, if the document is addressed to the Secretary, treasurer or other principal officer of that body, corporation or society at its principal office, and is either,- (i) sent under a certificate of posting or by registered post; or (ii) left at that office; (d) in any other case, if the document is addressed to the person to be served; and (i) is given or tendered to him; or (ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates; or (iii) is sent under a certificate of posting or by registered post to that person. (2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed "the owner" or "the occupier" as the case may be of that land or building (naming that land or building) name or description, and shall be deemed to be duly served,- (a) if the document so addressed is sent or delivered in accordance with clause (d) of sub-section (1); or (b) if the document so addressed or a copy thereof so addressed is given or tendered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered, is affixed on some conspicuous part of the land or building. (3) Where a document is served on the firm in accordance with this section, the document shall be deemed to be served on each partner. (4) For the purpose of enabling any document to be served on the owner of any property, the occupier, if any of the property may be required by notice in writing by the Government or the Corporation, as the case may be to state the name and address of the owner thereof.

Every public notice given under this Act or any rule or regulation made there under shall be in writing and under the signature of the officer concerned and shall be widely made known in the locality or in the properties or areas to be affected thereby affixing copies thereof in conspicuous public places within the said locality or the said properties or areas or by publishing the same by beat of drum or by any other means that the officer may think fit.

Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule or regulations, the notice, order or other document shall specify a reasonable period of time for doing the same or complying therewith.

(1) Where an offence under this Act has been committed by a Company, every person who, at the time the offence was committed, was in charge of and was responsible to, the Company for the conduct of the business of the Company, as well as the Company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offense. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the Company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purpose of this section,- (a) “Company” means a body corporate and includes a firm, association or persons or body of individuals whether incorporated or not; and (b) “Director” in relation to a firm means a partner in the firm and in relation to any association of persons or body of individuals means any member controlling the affairs thereof.

Unless otherwise expressly provided no court shall take cognizance of any offence relating to property belonging to, or vested by or under this Act in the Corporation, punishable under this Act except on the complaint of, or upon information received from the Corporation or any person authorised by the Corporation by general or special order in this behalf.

Any person who obstructs the entry of a person authorised under section 44 to enter into or upon any land or building or molests such person after such entry or who obstructs the lawful exercise by him of any power conferred by or under this Act shall, on conviction be punished with imprisonment for a term which may extend to six months, or with fine which may extend to Rs. 1,000, or with both.

The Corporation may, with the previous approval of the Government, delegate any of its powers under this Act to any officer of the Government or any of its officers and permit them to re-delegate specific powers to their subordinates by general or specific order in this behalf.

No suit, prosecution or other legal proceedings shall lie against any person or anything which is in good faith done or intended to be done under this Act or rules or regulation made thereunder.

The Chairman, Vice-Chairman, Managing Director, Members, officers, employees and servants on deputation to or of the Corporation as the case may be, shall while acting or purporting to act in pursuance of any of the provisions of this Act or rules or regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.

The Corporation may, with the previous approval of the Government make regulations consistent with this Act and the rules made thereunder for all or any of the matters to be provided under this Act by regulations and generally for all other matters for which provision is, in the opinion of the Corporation necessary for the exercise of its powers and the discharge of its functions under this Act.

If any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, by order make provisions or give such directions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the doubt or difficulty.

The Andhra Pradesh Road Development Corporation Ordinance, 1997 is hereby repealed.