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  "title": "PUNJAB MASSTRANSIT AUTHORITY ACT 2015",
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  "text": "THE PUNJAB MASSTRANSIT AUTHORITY ACT 2015 \r\n(XXXIII of 2015) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Punjab Masstransit Authority \r\n4. Qualifications of the members \r\n5. Functions of the Authority \r\n6. Managing Director \r\n7. Resignation and relieving of Managing Director \r\n8. Secretary of the Authority \r\n9. Committees \r\n10. Establishment of the Fund \r\n11. Delegation \r\n12. Appointment of officers and employees \r\n13. Accounts \r\n14. Budget \r\n15. Audit \r\n16. Causing damage to property and disobedience of orders \r\n17. Penalty for contravention \r\n18. Administrative penalties \r\n19. Procedure relating to offences \r\n20. Recovery of amounts due \r\n21. Public servants \r\n22. Immunity \r\n23. Act to prevail over other laws \r\n24. Restriction on execution against property \r\n25. Rules \r\n26. Regulations \r\n27. Removal of difficulties \r\n28. Repeal and saving \r\n29. Repeat \r\nTEXT \r\nTHE PUNJAB MASSTRANSIT AUTHORITY ACT 2015 \r\n(XXXIII of 2015) \r\n[26th June, 2015] \r\nAn \r\nAct \r\nto provide for the establishment of Punjab Masstransit Authority. \r\nIt is expedient to establish Punjab Masstransit Authority for purpose s of \r\nconstruction, operation and maintenance of mass transit system in the major cities of \r\nthe Punjab; for providing safe, efficient and comfortable urban transportation system; \r\nand, for ancillary matters; \r\nBe it enacted by the Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and commencement.– (1) This Act be cited as the Punjab \r\nMasstransit Authority Act 2015. \r\n(2) Subject to subsection (4), it extends to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n(4) It shall apply to the city of Lahore  but the Government may, by \r\nnotification in the official Gazette, extend its application to any other city of the \r\nPunjab. \r\n2. Definitions.– In this Act: \r\n(a) “AFC” means the automated fare collection system; \r\n(b) “ancillary facility” means the facility and equipment pro visioned or \r\ndeveloped by the Authority including bridge, underpass, tunnel, yard,  \r\nfence, escalator, elevator, sliding door, toilet turnstile, scheduling \r\nsystem, passenger information, signaling, power supply, surveillance, \r\ncontrol room, telecom, electrical  and mechanical system, generator, \r\nlight or fan and other facility; \r\n(c) “asset” means the movable or immovable property owned or controlled \r\nby the Authority; 4 \r\n(d) “Authority” means Punjab Masstransit Authority established under the \r\nAct; \r\n(e) “Chairperson” means Chairperson of the Authority; \r\n(f) “corridor” means the track or road or a portion of the track or road \r\nwhich has been constructed or modified or is planned to be \r\nconstructed or modified for the purpose of enabling smooth operation \r\nof MTS; \r\n(g) “depot” means the space or area provided for parking, repair, \r\nmaintenance, fuelling servicing and cleaning of Masstransit vehicles. \r\n(h) “fare” includes all sums received or receivable and all sums charged or \r\nchargeable for the transportation of passengers; \r\n(i) “fund” means the Masstransit Authority Fund established under the Act; \r\n(j) “Government” means Government of the Punjab; \r\n(k) \"licence\" means a licence granted by the Authority to a service provider \r\nof the Authority; \r\n(l) “MTS” means mass transit  system established and operated by the \r\nAuthority for operation of the masstransit vehicles; \r\n(m) “member” means a member of the Authority; \r\n(n) “masstransit vehicle” means a vehicle operated by the Authority on the  \r\ncorridor or a public transport route; \r\n(o) “public transport route” means a route notified by the Authority fo r \r\nintegrated urban and suburban public transport operations; \r\n(p) “regulations” mean the regulations framed by the Authority under the \r\nAct; \r\n(q) “rules” mean the rules made by the Government under the Act; \r\n(r) “service provider” means a service provider of the Authority  like a \r\nmasstransit vehicle operator, AFC operator, security, janitorial and \r\nhousekeeping services  provider and any entity providing any kind of \r\nservices for the MTS; and \r\n(s) “station” means a place earmarked on the corridor or public transport \r\nroute where masstransit vehicles travelling in either direction stop for a \r\nspecified duration allowing passengers to board on or alight from \r\nMasstransit vehicles. \r\n3. Punjab Masstransit Authority.– (1) The Government shall, by notification in \r\nthe official Gazette, establish Punjab Masstransit Authority for carrying out the \r\npurposes of this Act. \r\n(2) The Authority shall be a body corporate, with perpetual succession and \r\na common seal, with powers, subject to the provisions of this Act, to acquire, hold \r\nand dispose of property, and may by the said name, sue and be sued. \r\n(3) The Government or any other entity may, by notification, transfer the \r\nownership or possession of a corridor, station, depot and any other ancillary facility \r\nconstructed or procured for the MTS to the Authority. \r\n(4) The Authority shall not dispose of any immovable property without prior \r\npermission in writing of the Government. \r\n(5) A person shall not enter upon or in any way use the assets without \r\nwritten approval of the Authority. \r\n(6) The Authority shall consist of: \r\n(a) Chief Minister of the Punjab; Chairperson \r\n(b) Vice Chairperson to be nominated by the Vice Chairperson \r\n Government on such terms and conditions  \r\n as it may determine;  \r\n(c) Minister for Transport of the Government; Member \r\n(d) four members of Provincial Assembly of the Members \r\n Punjab  including  at  least  one  female  \r\n member of the Assembly and two members  \r\n of   National   Assembly   of   Pakistan  \r\n nominated by the Government;  \r\n(e) three persons including at least one woman Members \r\n from the private sector nominated by the  \r\n Government;  \r\n(f) Chairman, Lahore Transport Company; Member \r\n(g) Chairman   Planning   and   Development Member \r\n Board of the Government;  \r\n(h) Secretary  to  the  Government,  Finance Member \r\n Department;  \r\n(i) Secretary  to  the  Government,  Transport Member \r\n Department;  \r\n(j) Managing Director of the Authority; and Member \r\n(k) Secretary of the Authority. Member/Secretary \r\n \r\n(7) A member, other than an ex officio member, shall hold office for a term \r\nof three years and may again be nominated by the Government. \r\n(a) An act or proceedings of the Authority shall not be invalid merely for \r\nreason of any vacancy or defect in the constitution of the Authority. \r\n(b) The Authority shall meet at such time and place and shall observe such \r\nprocedure in rega rd to transaction of business at its meetings as may \r\nbe prescribed and until so prescribed as may be directed by the \r\nChairperson. \r\n(c) The meetings of the Authority shall be presided over by: \r\nthe Chairperson; or \r\nin the absence of the Chairperson, by the Vice Chairperson; or \r\nin the absence of the Chairperson and the Vice Chairperson, by such \r\nother member of the Authority as the Chairperson may nominate. \r\n4. Qualifications of the members .– No person shall be nominated or shall \r\ncontinue to be a member, if he: \r\n(a) is or, at  any time, has been convicted of an offence involving moral \r\nturpitude; or \r\n(b) is or, at any time, has been declared insolvent; or \r\n(c) is found to be a lunatic or of unsound mind; or \r\n(d) is a minor; or \r\n(e) has a financial interest in any aspect of the MTS, or has a conflic t of \r\ninterest, directly or indirectly, with the Authority. \r\n5. Functions of the Authority .– (1) Subject to the provisions of this  Act and \r\nrules, the Authority may perform such functions as may be necessary for carrying out \r\nthe purposes of the Act. \r\n(2) In particular and without prejudice to the generality of the provision of \r\nsubsection (1), the Authority shall: \r\n(a) own, control, maintain and develop a corridor, station, depot and any \r\nother ancillary facility which are transferred to it by the Government; \r\n(b) plan, construct , operate and maintain the corridors for future \r\nexpansion; \r\n(c) enter into contracts including concession agreements, grant licenses, \r\nleases, make other arrangements and perform all tasks necessary for \r\nefficient functioning of the MTS; 7 \r\n(d) collect fares as may be determined by the Government; \r\n(e) grant licences to mass transit operators and all other service providers; \r\n(f) incur all necessary expenditure for planning, construction, operation \r\nand maintenance of the MTS including administrative expenses; \r\n(g) collect and use fee s, fines and all other revenues generated from the \r\nMTS infrastructure; \r\n(h) subject to this Act, acquire, hold and dispose of property; \r\n(i) ensure safe, efficient and comfortable m ass transit  operations on a \r\ncorridor or a public transport route; \r\n(j) establish, operate and maintain AFC; \r\n(k) make adequate arrangements for effective security of a corridor, \r\nstation, depot and any other ancillary facility; \r\n(l) establish and maintain an effective third party oversight mechanism for \r\ncollection of revenues; \r\n(m) establish and maintain an ef fective system of janitorial and \r\nhousekeeping services to keep a corridor and its entire ancillary \r\nfacilities clean; \r\n(n) plan and operate integrated public transport routes; \r\n(o) plan, construct and maintain infrastructure for the public transport \r\nroutes; \r\n(p) give dire ctions to any other person or agency for establishing and \r\noperating feeder transport services for a corridor; \r\n(q) give directions to any agency to desist from issuing competing \r\ntransportation route permits along a corridor or a public transport route \r\nnotified by the Authority; \r\n(r) give directions to any person to desist from operating any competing \r\ntransportation system along a corridor or a public transport route \r\nnotified by the Authority; \r\n(s) give directions to any person or agency for not interfering in any way \r\nwith a corridor, its ancillary facilities and their smooth functioning; \r\n(t) monitor and enforce contracts, agreements including concession \r\nagreements, licenses or leases entered into or granted by the \r\nAuthority; and \r\n(u) establish subsidiary companies or to assume cont rol of companies \r\ntransferred to it by the Government. \r\n6. Managing Director.– (1) The Government shall appoint Managing Director of \r\nthe Authority on such terms and conditions as the Government may determine. \r\n(2) A person shall not be eligible for the post of Manag ing Director unless \r\nthe person: \r\n(a) holds Masters Degree; \r\n(b) possesses at least twenty years experience of management in public \r\nor private sector; and \r\n(c) is less than sixty five years of age. \r\n(3) The Managing Director shall be the chief executive of the Authority and \r\nshall: \r\n(a) be a whole-time officer of the Authority; \r\n(b) perform such duties as may be assigned to him and exercise such \r\npowers as may be delegated to him by the Authority; and \r\n(c) hold office for each term of three years and shall remain in office for six \r\nmonths therea fter or until a successor in that office is appointed, \r\nwhichever is earlier. \r\n7. Resignation and relieving of Managing Director .– The Managing Director \r\nmay, at any time before the expiry of his term and upon three months prior notice, \r\nresign his office, or upo n similar notice, or payment of three months’ salary and \r\nallowances in lieu of the notice, be relieved by the Government without assigning \r\nany reason. \r\n8. Secretary of the Authority .– (1) The Government shall appoint a Secretary \r\nof the  Authority for a term of three years on such terms and conditions as the \r\nGovernment may determine. \r\n(2) The Secretary shall be a whole -time officer of the Authority and shall \r\nperform such functions as may be assigned to him by the Authority or the Managing \r\nDirector. \r\n(3) The Government may extend the term of the Secretary beyond three \r\nyears. \r\n9. Committees.– The Authority may constitute such committees as it may deem  \r\nnecessary for carrying out the purposes of this Act. \r\n10. Establishment of the Fund .– (1) There shall be established a Fund known \r\nas th e Masstransit Authority Fund which shall vest in the Authority and shall be \r\nutilized by the  Authority to meet all its expenses and charges in connection with its \r\nfunctions and powers under this Act including the payment of salaries and \r\nremuneration to its employees. \r\n(2) The Authority shall establish an escrow account in a scheduled bank \r\napproved by the Government and the account shall be collectively operated by the \r\nauthorized representatives of the Authority and such service provider, as may be \r\ndetermined by the Authority. \r\n(3) All monies credited in the Fund shall be deposited with the bank \r\napproved by the Government. \r\n(4) The Fund shall be financed by: \r\n(a) fees, fines and other amounts received by the Authority; \r\n(b) grants from the Government or any other body or organization; \r\n(c) foreign aid and foreign loans obtained or raised by the Authority with \r\nthe sanction of, and on such terms and conditions as may be approved \r\nby, the Government; \r\n(d) proceeds of all charges and income from sale of assets, and any \r\nrecovery made under this Act; and \r\n(e) such other sums as may be received by the Authority. \r\n11. Delegation.– The Authority may, subject to such conditions as it deems  \r\nappropriate, delegate to the Managing Director or an officer of the Authority any of its \r\npowers or functions under this Act, rules or regulations. \r\n12. Appointment of officers and employees .– The Authority may appoint such  \r\nofficers, experts, consultants and employees as it considers necessary for the \r\nefficient performance of its functions in such manner and on such terms and \r\nconditions as may be prescribed by regulations. \r\n13. Accounts.– The Authority shall maintain proper accounts and other relevant  \r\nrecords and prepare annual statements of accounts in such form as may be \r\nprescribed. \r\n14. Budget.– (1) The Authority shall prepare, every year, in suc h form and at \r\nsuch time  as may be prescribed a budget in respect of the next financial year \r\nshowing the estimated receipts and expenditures of the Authority and shall submit \r\nthe same to the Government for approval. \r\n(2) If the Government fails to approve or mod ify the budget within thirty \r\ndays of its receipt, the budget as prepared by the Authority shall be deemed to have \r\nbeen approved. \r\n15. Audit.– (1) The Auditor General of Pakistan shall audit the annual accounts of \r\nthe Authority. \r\n(2) In addition to the audit in terms  of subsection (1), the Authority shall \r\nappoint or hire services of a chartered accountant or a firm of chartered accountants \r\nfor purposes of annual audit of its accounts. \r\n(3) The Managing Director shall, within six months of the close of a \r\nfinancial year, sub mit the annual statement of accounts along with the report of the \r\nauditor to the Authority. \r\n16. Causing damage to property and disobedience of orders .– (1) A person \r\nwho willfully causes damage or allows damage to be caused to any property which \r\nvests in or is possessed by the Authority, or which is intended to be acquired by the \r\nAuthority, or unlawfully converts it to his own or any other person’s use, shall be \r\npunishable with imprisonment for a term which may extend to three years or with fine \r\nor with both. \r\n(2) A person who,  without lawful excuse, fails or refuses to comply with \r\nany direction or order issued by the Authority under this Act, shall be guilty of an \r\noffense punishable under this section. \r\n17. Penalty for contravention.– If a person contravenes any provision of this Act \r\nor any rule or regulation, he shall, if no other penalty is provided under the Act, be \r\npunishable with imprisonment for a term which may extend to three years or with fine \r\nor with both. \r\n18. Administrative penalties.– (1) Notwithstanding anything contained in this Act \r\nor any other law, a person who, without permission of the Authority, enters into a \r\ncorridor or in any manner interferes or obstructs any corridor, masstransit vehicle or \r\nancillary facility, or travels or attempts to travel on a masstra nsit vehicle without \r\npayment of fare, shall be liable to punishment of such fine as may be prescribed by \r\nthe rules. \r\n(2) If a person commits an offence under subsection (1), an officer or \r\nagent of the Authority authorized in this behalf may, at the spot, impose  the \r\nprescribed fine on such person. \r\n(3) If the person fails to pay or deposit the fine at the spot or in the \r\nprescribed manner, the officer authorized by the Authority may submit a complaint \r\nagainst such person in the Court and such person shall be deemed to have \r\ncommitted an offence under section 17 of the Act. \r\n19. Procedure relating to offences.– (1) An offence under this Act shall be non -\r\ncognizable and a Court shall not assume jurisdiction for the offence unless an officer \r\nauthorized by the Authority submits a complaint to the Court. \r\n(2) No Court other than the Magistrate of first class shall try an offence \r\nunder this Act. \r\n(3) The Court shall try an offence under this Act in a summary manner in \r\nterms of Chapter XXII of the Code of Criminal Procedure, 1898 (V of 1898) bu t \r\nnotwithstanding anything contained in the Code, the Court may impose a \r\npunishment of imprisonment for a term not exceeding six months or fine not \r\nexceeding one hundred thousand rupees or both. \r\n(4) The Authority or an officer authorized by the Authority may c ompound \r\nof an offence under this Act subject to the payment of the prescribed compensation. \r\n(5) The fine or compensation recovered from a person under this Act shall \r\nform part of the Fund. \r\n20. Recovery of amounts due .– Any fine, compensation or other amount \r\npayable to the Authority may be recovered by an officer authorized by the Authority \r\nas arrears of land revenue and such officer shall be deemed to be a Collector for \r\npurposes of recovery of fine, compensation or other amount. \r\n21. Public servants.– The Chairperson, V ice Chairperson, members, Managing  \r\nDirector, Secretary, officers, servants, experts and consultants of the Authority shall, \r\nwhen acting or purporting to act in pursuance of any of the provisions of this Act, be \r\ndeemed to be public servants within the meaning of section 21 of the Pakistan Penal \r\nCode, 1860 (XLV of 1860). \r\n22. Immunity.– No suit, prosecution or any other legal proceedings shall lie \r\nagainst the Authority, the Chairperson, Vice Chairperson, the Managing Director, any \r\nmember, officer, servant, agent, expert or consultant of the Authority, in respect of \r\nanything done or intended to be done in good faith under this Act. \r\n23. Act to prevail over other laws .– In the event of any conflict or inconsistency  \r\nbetween a provision of this Act and a provision of any ot her law, the provisions of \r\nthis Act shall, to the extent of such conflict or inconsistency, prevail. \r\n24. Restriction on execution against property .– No property of the \r\nGovernment, the  Authority or any service provider which is deployed in the MTS \r\nshall be liable to be taken in execution of any decree or order of any court or of any \r\nlocal authority or person having by law the power to attach or otherwise to cause the \r\nproperty to be taken in execution without the previous sanction of the Authority. \r\n25. Rules.– The Go vernment may, by notification in the official Gazette, make \r\nrules to carry out the purposes of this Act. \r\n26. Regulations.– (1) Subject to this Act and the rules, the Authority may frame  \r\nregulations for giving effect to the provisions of the Act. \r\n(2) Without prejud ice to the foregoing powers, such regulations may \r\nprovide for appointment of its officers, staff, employees and other persons, terms \r\nand conditions of their service and performance of functions by the Authority. \r\n27. Removal of difficulties .– If any difficulty arises in giving effect to the \r\nprovisions of this Act, the Government may, by notification, not inconsistent with the \r\nprovisions of this Act, remove the difficulty. \r\n28. Repeal and saving .– (1) The Punjab Metrobus Authority Act 2012 (LVI of \r\n2012) is hereby repealed. \r\n(2) Notwithstanding the repeal of the Punjab Metrobus Authority Act 2012 \r\n(LVI of 2012), anything done or action taken under the repealed Act, shall have the \r\neffect as if the thing is done or action taken under the Act. \r\n(3) The Authority shall be successor in  interest of the Punjab Metrobus \r\nAuthority established under the Punjab Metrobus Authority Act 2012 (LVI of 2012) \r\nand all assets, liabilities, employees, agents and service providers of the Punjab \r\nMetrobus Authority shall stand transferred to the Authority. \r\n29. Repeal.– The Punjab Masstransit Authority Ordinance, 2015  (XIII of 2015) is \r\nhereby repealed.",
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