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The Telangana Municipal Tramways (Construction, Operation and Maintenance) Act, 2008.

66 sections · 0 chapters

Section 1 THE TELANGANA MUNICIPAL TRAMWAYS (CONSTRUCTION, OPERATION AND MAINTENANCE) ACT, 2008.
Section 2 Definitions.
Section 3 See also Companies Act, 2013 (Central Act 18 of 2013).
Section 5 Authorization for construction and operation of tramway system.
Section 6 Authorization for construction and operation of tramway
Section 7 Also see the related provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013).
Section 10 The tramway system, together with any and all assets, liabilities, obligations, contracts and employees shall vest with the tramway operator in accordance with the order or the agreement, as the case may be, for the duration as setforth in such order or agreement. In the event of change of the tramway operator which has been approved by the State Government, the tramway system, together with any and all assets, liabilities, obligations, contracts, and employees shall vest with such tramway operator on such terms and for such duration as the State Government may prescribe by the order published in Official Gazette, or in the agreement entered into by the State Government, as the case may be, approving such change of the person acting as the tramway operator:
Section 12 Subject to the provisions of sections 10 and 11 and the terms and conditions of the order or the agreement, as the case may be, the functions of the tramway operator shall include,-
Section 13 Without prejudice to the provisions of sections 6 and 9 and subject to and in accordance with in any applicable law for the time being in force and effect, the State Government may, for the purposes of the development, construction, management, operation and maintenance or use of a tramway system, and subject to such conditions as it may prescribe in this behalf and for such duration as it may consider necessary, require any local or other authority to grant leases, licenses or enter into other contracts with any
Section 14 Cessation of powers given by order or agreement.
Section 15 Transfer of rights and obligations.
Section 16 CHAPTER - III CONSTRUCTION, OPERATION AND MAINTENANCE OF TRAMWAYS.
Section 17 A tramway shall be developed, constructed, managed, operated and maintained in the manner provided by the order or as set forth in the agreement, as the case may be.
Section 18 Power to underpin building or otherwise strengthen it.
Section 19 The tramway operator or any person authorized by it may with a view to making survey or ascertaining the nature or condition of any land or building for the purpose of construction of tramway system or any other work connected therewith, at any reasonable hour during the day and after giving reasonable notice to the owner or occupier enter upon or enter into such land or building, in, along, over or near the tramway system alignment to,-
Section 20 Inspection of tramway before opening.
Section 21 No claim in respect of any damage, loss or injury alleged to have been caused as a consequence of construction of a tramway system pursuant to an order or agreement, as the case may be, under this Act, shall lie against the tramway operator unless such claim is made within a period of six months from the date on which date, the alleged damage was caused.
Section 22 No person shall remove any mark placed or fill up any trench cut for the purpose of marking levels, boundaries or lines in relation to the development of a tramway system.
Section 23 A tramway system, or portion or extension of, or addition to a tramway system, shall not be opened for public traffic until it has been inspected and certified to be fit for such traffic by the Safety Commissioner appointed by the State Government under section 30.
Section 25 The provisions of section 24 shall apply to the opening of the following works if they form part of, or are directly connected with, the tramway system used for the public carriage of passengers and have been constructed subsequent to the giving of report by the Safety Commissioner under sub-section (1) of section 24, namely:-
Section 26 The tramway operator may use such rolling stock as it may consider necessary for operation and working of the tramway system. Where the tramway system is being operated under an agreement entered into pursuant to section 5, such tramway operator may, subject to the terms of the agreement, use such rolling stock as it may consider necessary for operation and working of the tramway system:
Section 28 Power to remove persons from tramway.
Section 29 Any person, entering upon or into any tramway station or other tramway system premises without lawful authority, and on being asked to leave the same by any tramway official, does not leave therefrom, then he may be removed from the tramway system by such tramway official or by any other person or persons authorized in this behalf by the tramway operator or by the police.
Section 30 CHAPTER - IV TRAMWAY SYSTEM SAFETY.
Section 31 The Safety Commissioner, whenever it is necessary to do so for discharging any of its functions under this Act or any rules made hereunder, may,-
Section 32 Commissioner may deem necessary for the performance of its duties and functions under this Act or rules made hereunder.
Section 33 The procedure of allocation of funds and levy of, if any, shall be such as may be prescribed.
Section 34 The State Government may prescribe such standards for safety of tramway system and for users thereof as it may consider necessary.
Section 35 CHAPTER - V FARE.
Section 36 Constitution of Fare Fixation Committee.
Section 37 CHAPTER - VI ACCIDENTS.
Section 38 Claims Commissioner.
Section 41 Savings as to certain rights.
Section 42 Extent of liability.
Section 43 Application for compensation.
Section 44 CHAPTER - IX OFFENCES AND PENALTIES.
Section 45 Penalty for taking or causing to take offensive material upon tramway system.
Section 46 Penalty for taking or causing to take dangerous material
Section 48 Penalty for travelling on roof, etc., of a tramway.
Section 49 Penalty for unlawfully entering or remaining upon
Section 50 If any tramway official or any person authorized by a tramway operator appointed under an order or an agreement as the case may be, and entrusted with a duty relating to the tramway system, when on duty endangers the safety of any passenger,-
Section 51 If any tramway official, when on duty, is entrusted with any responsibility connected with the running of a tramway, or any other rolling stock from one station or place to another station or place, and he abandons his duty before reaching such station or place, without authority or without properly handing over such tramway or rolling stock to another authorized tramway official, he shall be punishable with imprisonment for a term which may extend to four years, or with fine which may extend to five thousand rupees, or with both.
Section 52 If any person obstructs or causes to be obstructed or attempts to obstruct any tramway carriage way or rolling stock on the tramway system by squatting, picketing or keeping without authority any rolling stock on the tramway system or tampering with any signaling or other installations or by interfering with the working mechanism thereof, or otherwise, he shall be liable to be removed by any tramway official, authorized by the tramway operator in this behalf and shall also be punishable with imprisonment for a term
Section 53 Travelling without proper pass or ticket or beyond authorized distance.
Section 54 Travelling without proper pass or ticket or beyond
Section 55 If any passenger or any other person without reasonable and sufficient cause, makes use of, or interferes with, or tampers with fire-extinguishers or such other safety measures or any means provided in a tramway, for communication between passengers and the tramway official, in charge of the tramway, or misuses alarm bell of the tramway, he shall be punishable with fine which may extend to ten thousand rupees.
Section 57 If any person without lawful authority in this behalf,-
Section 58 Maliciously wrecking a tramway or causing sabotage.
Section 60 If any person not being duly authorized in this behalf, sells or attempts to sell any ticket or pass in order to enable any other person to travel therewith, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the ticket or pass which he sells or attempts to sell.
Section 61 If any person unlawfully throws or causes to fall or strike at, against, into or upon any rolling stock forming part of a tramway, any wood, stone or other matter or thing with intent, or with knowledge that it is likely to endanger the safety of any person being in or upon such rolling stock or in or upon other rolling stock forming part of the same tramway or with the knowledge or intent of causing any damage to the tramway system, he shall be punishable with imprisonment for life or with imprisonment for a term which may extend to ten years.
Section 62 If any person in a rash or negligent manner does any act, or omits to do what he is legally bound to do, and the act or omission is likely to endanger the safety of any person travelling or being upon the tramway or to the tramway system, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
Section 63 Whoever, with intent to cause or knowing that he is likely to cause or causes damage to or destruction of any of the properties of the tramway system as defined in clause
Section 64 Offences by companies.
Section 65 If any person claiming compensation under Chapter VIII makes a claim which is false or which he knows or believes to be false or does not believe to be true he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.
Section 67 Arrest of person without warrant.
Section 68 Prohibition against travelling of persons suffering from
Section 69 CHAPTER - XII MISCELLANEOUS.
Section 70 Procedure for summary delivery to the tramway operator of property detained by a tramway official.
Section 71 If a tramway official is discharged or suspended from his office or dies or absconds or absents himself, and he or his wife or widow or spouse or legal representative, refuses or neglects, after notice in writing for that purpose, to deliver up to the tramway operator or to a person appointed by the tramway operator in this behalf any station, dwelling house, office or other building with, its appurtenances or any books, papers, keys, equipments or other things relating to the tramway system and belonging to the tramway operator and in the possession or custody of such tramway official, then on the occurrence of any such event as aforesaid, any Metropolitan Magistrate or Judicial Magistrate of the First Class may, on application made by or on behalf of the tramway operator, order any police officer, with proper assistance, to enter upon the building and remove any person found therein and take possession thereof, or to take possession of the books, papers, keys, equipment and other things, as the case may be, and to deliver the same to the tramway operator or to a person appointed by the tramway operator in that behalf.
Section 73 Any notice or other documents required or authorized by this Act to be served on tramway operator shall be,-
Section 75 The tramway operator may by order in writing, authorize any of its officials or other person, to act for it or represent it, as the case may be, in any proceeding before any Civil or other Court or authority.
Section 76 The tramway operator may constitute and maintain or sub-contract security staff for the tramway system, and along the tramway system alignment, and the powers, duties and functions of such staff shall be such as may be notified by the State Government from time to time.
Section 80 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other enactment or in any instrument having effect by virtue of any law other than this Act.
Section 82 Repeal of Ordinance 5 of 2008.
Section 83 All the assets and liabilities of the Metro Rail Limited including rolling stock, machinery shall stand transferred to and vested in the State Government on the expiry of the concession period.
Section 84 The Andhra Pradesh Municipal Tramways (Construction, Operation and Maintenance) Ordinance, 2008 is hereby repealed.

THE TELANGANA MUNICIPAL TRAMWAYS (CONSTRUCTION, OPERATION AND MAINTENANCE) ACT, 2008.

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The Telangana Municipal Tramways (Construction, Operation and Maintenance) Act, 2008.
Section 54

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Section 54 of The Telangana Municipal Tramways (Construction, Operation and Maintenance) Act, 2008. — Travelling without proper pass or ticket or beyond

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53PreviousSection 53 Travelling without proper pass or ticket or beyond authorized distance.55NextSection 55 If any passenger or any other person without reasonable and sufficient cause, makes use of, or interferes with, or tampers with fire-extinguishers or such other safety measures or any means provided in a tramway, for communication between passengers and the tramway official, in charge of the tramway, or misuses alarm bell of the tramway, he shall be punishable with fine which may extend to ten thousand rupees.

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