The Andhra Pradesh Municipal Tramways (Construction, Operation and Maintenance) Act, 2008.
andhra-pradesh · 2008
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1The Andhra Pradesh Municipal Tramways Act, 2008, applies statewide and commenced on June 30, 2008.
- S. 2Section 2 defines key terms used in the Andhra Pradesh Municipal Tramways Act, 2008, including "agreement," "carriage," "claims commissioner," and "fare."
- S. 3Section 3 allows local authorities and state bodies to apply for tramway system development, with state government oversight.
- S. 4Section 4 outlines the procedure for the State Government to make orders on applications for tramway development and operation in municipal areas.
- S. 5Section 5 allows the State Government to enter agreements for developing and operating tramways through competitive bidding.
- S. 6Section 6 authorizes the construction, operation, and maintenance of a tramway system under specific terms and conditions.
- S. 7Section 7 details conditions and procedures for starting, constructing, and maintaining a tramway system in Andhra Pradesh.
- S. 8Section 8 allows the State Government to amend, extend, or revoke tramway orders and agreements upon application from the operator.
- S. 9Section 9 allows the State Government to lease tramway land to operators, but local authorities need State Government approval for such leases.
- S. 10Section 10 vests tramway assets, liabilities, and operations with the operator as per state-approved agreements.
- S. 11Section 11 allows the tramway operator to delegate parts of its duties to others, but remains accountable to the state government.
- S. 12Section 12 outlines the tramway operator's duties to develop, manage, and operate the tramway system for public transportation.
- S. 13Power of the State Government to direct grant of licenses etc
- S. 14Section 14 allows the State Government to suspend a tramway operator's powers if they fail to commence, complete, or operate the tramway system as agreed.
- S. 15Section 15 restricts the tramway operator's ability to transfer rights and obligations without state government consent.
- S. 16Section 16 outlines how tramways in Andhra Pradesh must be constructed, managed, operated, and maintained.
- S. 17Section 17 grants tramway operator powers to construct, maintain, and manage the tramway system, including altering waterways and erecting stations.
- S. 18Section 18 allows the tramway operator to underpin or strengthen nearby buildings for safety, with prior notice except in emergencies.
- S. 19Power to enter for inspection, measurement etc
- S. 20Section 20 establishes the liability of the tramway operator for damages caused during tramway development, with the State Government determining compensation.
- S. 21Section 21 limits claims for damages from tramway construction to six months from the date of alleged damage.
- S. 22Section 22 prohibits the removal of marks or filling of trenches related to tramway system development.
- S. 23Section 23 mandates that a tramway system must be inspected and certified by the Safety Commissioner before opening for public traffic.
- S. 24Section 24 mandates the Safety Commissioner to inspect and report on the tramway system's safety before issuing a fitness certificate for its operation.
- S. 25Section 25 applies section 24's provisions to the opening of additional tramway lines, stations, and structural changes.
- S. 26Section 26 allows the tramway operator to use necessary rolling stock, with safety commissioner approval for new designs.
- S. 27Section 27 prohibits carrying dangerous or offensive goods on tramways and restricts passenger luggage per Safety Commissioner regulations.
- S. 28Section 28 allows tramway operators to display commercial ads on the system and premises, including erecting billboards.
- S. 29Section 29 authorizes tramway officials to remove unauthorized persons from tramway premises if they refuse to leave after being asked.
- S. 30The Act mandates the State Government to appoint a Commissioner of tramway system safety to oversee safety and perform specified functions.
- S. 31Section 31 grants the Safety Commissioner authority to inspect tramway systems and demand information from operators.
- S. 32Section 32 mandates the State Government to provide necessary facilities and funds to the Safety Commissioner for tramway safety oversight.
- S. 33The section allows the State Government to set safety standards for tramway systems and users.
- S. 34Annual safety report of Safety Commissioner
- S. 35Section 35 sets fare limits and mandates display of authorized fare charts for tramway passengers.
- S. 36Section 36 establishes a committee to recommend fare changes for the tramway system every five years.
- S. 37Section 37 mandates tramway officials to promptly report serious accidents to relevant authorities and the government for investigation and potential traffic suspension.
- S. 38The section allows the State Government to appoint a claims commissioner to adjudicate compensation claims for tramway accidents.
- S. 39Section 39 outlines the procedure for the Claims Commissioner to follow in determining compensation claims.
- S. 40Section 40 determines liability for tram operator compensation and makes Claims Commissioner's orders final.
- S. 41Section 41 ensures that compensation for death or injury can only be claimed once, either under this Act or another law.
- S. 42Section 42 limits the liability of tramway operators to pay compensation for passenger deaths or injuries, except in cases of suicide, self-harm, criminal acts, intoxication, or natural causes.
- S. 43Section 43 allows injured parties or their dependents to apply for compensation to the claims commissioner after a tram accident.
- S. 44Section 44 penalizes intoxication, nuisance, and interference on the tramway system, with fines and removal for offenders.
- S. 45Section penalizes taking or causing offensive material on the tramway system with a fine up to five thousand rupees.
- S. 46Section penalizes taking dangerous materials on the tramway system with up to four years imprisonment and a fine.
- S. 47Section 47 prohibits demonstrations and unauthorized postings on the tramway system and imposes fines for violations.
- S. 48Penalty for travelling on roof, etc
- S. 49Section penalizes unlawful entry or walking on tramway tracks with up to six months imprisonment or fines up to ₹20,000.
- S. 50Section penalizes tramway officials for endangering passenger safety through rash acts, negligence, or disobeying employment-related rules.
- S. 51Abandoning tramway etc
- S. 52Section penalizes obstruction of tramways with imprisonment, fines, or both.
- S. 53Section penalizes obstructing a tramway official in performing duties with up to one year imprisonment or a fine of up to ₹5,000.
- S. 54Section penalizes passengers traveling without proper passes or beyond authorized distances in the tramway system with a fine of 100 rupees.
- S. 55Section penalizes interference with tramway safety equipment with fines up to ₹10,000.
- S. 56Section penalizes tampering, counterfeiting, or defacing of tram passes or tickets with fines or imprisonment.
- S. 57Section penalizes defacing or altering public notices and tramway system equipment with fines up to ₹10,000.
- S. 58Section penalizes unauthorized sales on tramway premises with a fine of five thousand rupees.
- S. 59Section 59 penalizes acts of sabotage or tampering with tramway systems with imprisonment, life term, or death.
- S. 60Section penalizes unauthorized sale of tram tickets with imprisonment, fine, or both.
- S. 61Section 61 penalizes anyone who maliciously endangers tramway passengers or damages the system with up to ten years imprisonment.
- S. 62Section penalizes rash or negligent acts endangering tramway travelers' safety with up to one year imprisonment or fine.
- S. 63Section 63 penalizes intentional damage or destruction of tramway system properties with up to ten years imprisonment.
- S. 64Section penalizes endangering tramway safety or obstructing trams with up to seven years imprisonment, with minimum six months for first offense.
- S. 65Section penalizes false compensation claims under the Act with up to three years imprisonment or a fine of up to ₹5,000.
- S. 66Section 66 holds company officers and the company itself liable for offenses, with defenses for lack of knowledge or due diligence.
- S. 67Section 67 allows police officers to arrest without a warrant for specified offenses and must produce the person before a magistrate within 24 hours.
- S. 68Section prohibits travel on tramways for individuals with prescribed infectious or contagious diseases and allows removal for violations.
- S. 69Section 69 protects officials and operators from legal actions for good faith actions under the Act.
- S. 70Section 70 deems tramway employees and contractors acting under the Act as public servants per the Indian Penal Code.
- S. 71Section 71 allows magistrates to order police to seize and deliver tramway property to the operator if the official detaining it refuses to hand it over.
- S. 72Section 72 establishes that tramway operator's records and documents are admissible in court and presumed true unless disproven.
- S. 73Service of notice, etc
- S. 74Section 74 outlines the methods for serving notices by the tramway operator under the Andhra Pradesh Municipal Tramways Act, 2008.
- S. 75Section 75 allows the tramway operator to authorize officials or others to represent it in legal proceedings.
- S. 76Section 76 allows the tramway operator to hire and manage security staff for the tramway system.
- S. 77Section 77 exempts tramway operators from paying local authority taxes but allows contracts for utilities and services.
- S. 78Section 78 allows the State Government to delegate its powers under the Act to authorized officers or authorities.
- S. 79The section allows the State Government to resolve implementation difficulties within two years, with orders presented to the State Legislature.
- S. 80Effect of the Act and rules etc
- S. 81Power to make rules - (1) The Government may, by notification, make rules for carrying out the purposes of this Act
- S. 82Section 82 allows the tramway operator to create regulations for operational matters consistent with the Act and its rules.
- S. 83Section 83 transfers all Metro Rail Limited assets and liabilities to the State Government after the concession period ends.
- S. 84Repeal of Ordinance 5 of 2008 THE ANDHRA PRADESH MUNICIPAL TRAMWAYS (CONSTRUCTION, OPERATION AND MAINTENANCE) ACT, 2008