THE PUNJAB
METROBUS AUTHORITY ACT, 2012
[14th November, 2012]
An
Act
to provide for the establishment of the Punjab Metrobus
Authority.
Preamble.–
Whereas it is expedient to establish the Punjab Metrobus Authority for purposes
of construction, operation and maintenance of mass transit system in the major
cities of the Punjab; for providing safe, efficient and comfortable urban
transportation system; and, for ancillary matters; It is enacted as follows:-
1.
Short title, extent and commencement.– (1) This Act may be cited as the Punjab Metrobus Authority Act, 2012.
(2)
Subject to
sub-section (4), it shall extend to whole of the Punjab.
(3)
It shall come into
force at once.
(4)
It shall apply to
the city of Lahore but the Government may, by notification, extend its application
to any other city of the Punjab.
2.
Definitions.– In this Act–
(a)
“AFC-BSS” means the automated fare collection and bus
scheduling system;
(b)
“ancillary facilities” means the facilities and
equipment provisioned or developed by the Authority including bridges, fences,
escalators, elevators, sliding doors, toilets turnstiles, AFC-BSS, passenger
information system, surveillance system, control room, generators, lights, fans
and other facilities;
(c)
“assets” means the movable and immovable property owned
or controlled by the Authority;
(d)
“Authority” means the Punjab Metrobus Authority established under the Act;
(e)
“bus depot” means the space or area provided for
parking, repair, maintenance, fuelling, servicing and cleaning of Metrobuses;
(f)
“Chairman” means
Chairman of the Authority;
(g)
“city” means the city of Lahore and includes any other
city of the Punjab notified by the Government under sub-section (4) of section
1;
(h)
“corridor” means the road or a portion of the road
which has been modified or is planned to be modified for the purpose of
enabling smooth operation of MBS;
(i)
“fare” includes all sums received or receivable and all
sums charged or chargeable for the transportation of passengers;
(j)
“Fund” means the Metrobus
Authority Fund established under the Act;
(k)
“Government” means Government of the Punjab;
(l)
"license" means a license granted by the
Authority to various service providers of the Authority;
(m)
“MBS” means Metrobus
System established and operated by the Authority for operation of the
Metrobuses;
(n)
“member” means a member of the Authority;
(o)
“Metrobus” means a
bus operated by the Authority on the corridor;
(p)
“regulations” means the regulations framed by the
Authority under the Act;
(q)
“rules” means the rules made by the Government under
the Act;
(r)
“service provider” means a service provider of the
Authority like a bus operator, AFC-BSS operator, security, janitorial and
housekeeping services provider; and
(s)
“station” means a place earmarked on the corridor where
buses travelling in either direction stop for a specified duration allowing passengers
to board on or alight from Metrobuses.
3.
Punjab
Metrobus Authority.– (1) The Government
shall, by notification, establish the Punjab Metrobus Authority for carrying
out the purposes of this Act.
(2)
The Authority shall be a body corporate, with
perpetual succession and a common seal, with powers, subject to the provisions
of this Act, to acquire, hold and dispose of property, and may by the said
name, sue and be sued.
(3)
The Government may, by notification, transfer
the ownership of a corridor, station, bus depot and other ancillary facilities
constructed for the MBS to the Authority.
(4)
The Authority shall not dispose of any immovable
property without prior permission in writing of the Government.
(5)
A person shall not enter upon or in any way use
the assets without written approval of the Authority.
(6)
The Authority shall consist of–
(a)
Chief Minister of Punjab; ( Chairman )
(b)
Vice Chairman to be appointed by the Chairman on such
terms and conditions as the
Chairman may determine;
(c)
Minister for Transport of the Government;
Assembly of the
Punjab and two members of National Assembly of
Pakistan nominated by the Government;
corporate sector
nominated by the Government;
(f)
Chairman, Lahore Transport Company;
(g)
Chairman Planning and Development Board of the
Government;
(h)
Secretary Finance of the Government;
(i)
Secretary Transport of the Government;
(j)
Managing Director of the Authority;
(k)
Secretary of the Authority ( Member/Secretary )
(7)
A member, other than an ex officio member, shall hold office for a term of three years and
may be re-nominated by the Government.
(8)
An act or proceedings of the Authority shall not
be invalid merely for reason of any vacancy or defect in the constitution of
the Authority.
(9)
The Authority shall meet at such time and place
and shall observe such procedure in regard to transaction of business at its
meetings as may be prescribed and until so prescribed as may be directed by the
Chairman.
(10)
The meetings of the Authority shall be presided
over by– (a) the Chairman; or
(b)
in the absence of the Chairman, by the Vice Chairman;
or
(c)
in the absence of the Chairman and the Vice Chairman,
by such other member of the Authority as the Chairman may nominate.
4.
Qualifications
of the members.– No person shall be
nominated or appointed, or shall continue to be a member, if he–
(a)
is or, at any time, has been convicted of an offence
involving moral
turpitude; or
(b)
is or, at any time, has been declared insolvent; or
(c)
is found to be a lunatic or of unsound mind; or
(d)
is a minor; or
(e)
has a financial interest in any aspect of the MBS, or
has a conflict of interest, directly or indirectly, with the Authority.
5.
Powers
and functions.– (1) Subject to the
provisions of this Act and rules, the Authority may exercise such powers and
perform such functions as may be necessary for carrying out the purposes of the
Act.
(2)
In particular and without prejudice to the
generality of the provision of subsection (1), the Authority shall perform the
following functions:-
(a)
to own, control, maintain and develop a corridor,
station, bus depot and other ancillary facilities which are transferred to it
by the Government;
(b)
to plan, construct, operate and maintain the corridors
for future expansion;
(c)
to enter into contracts including concession
agreements, grant licenses, leases, make other arrangements and to perform all
tasks necessary for efficient functioning of the MBS;
(d)
to collect fares as determined by the Government;
(e)
to grant licenses to bus operators and all other
service providers;
(f)
to incur all necessary expenditure for planning,
construction, operation and maintenance of the MBS including administrative
expenses;
(g)
to collect and use fees, fines and all other revenues
generated from the MBS infrastructure;
(h)
to acquire, hold and dispose of property;
(i)
to ensure safe, efficient and comfortable bus
operations on a corridor;
(j)
to establish, operate and maintain AFC-BSS;
(k)
to make adequate arrangements for effective security of
a corridor,
station, bus depot and other ancillary
facilities;
(l)
to establish and maintain an effective third party
oversight mechanism for collection of revenues;
(m)
to establish and maintain an effective system of
janitorial and housekeeping services to keep a corridor and its entire
ancillary facilities clean;
(n)
to give directions to any other person or agency for
establishing and operating feeder transport services for a corridor;
(o)
to give directions to any agency to desist from issuing
competing
transportation route permits
along a corridor;
(p)
to give directions to any person to desist from
operating any competing transportation system along a corridor;
(q)
to give directions to any person or agency for not
interfering in any way with a corridor, its ancillary facilities and their
smooth functioning; and
(r)
to monitor and enforce contracts, agreements including
concession agreements, licenses or leases entered into or granted by the
Authority.
6.
Managing
Director.– (1) The Managing Director of
the Authority shall be appointed by the Government on such terms and conditions
as may be determined by the Government.
(2)
The Managing Director shall be the chief
executive of the Authority and shall–
(a)
be a whole-time officer of the Authority;
(b)
perform such duties as may be assigned to him and
exercise such powers as may be delegated to him by the Authority; and
(c)
hold office for a term of three years and shall remain
in office for three months thereafter or until a successor in that office is
appointed, whichever is earlier.
(3)
Nothing in this section shall preclude the
Government from extending the term of office of the Managing Director for such
period as the Government may determine.
7.
Resignation
or removal of Managing Director.– The Managing Director may, at any
time before the expiry of his term and
upon three months prior notice, resign his office, or upon similar notice, or
payment of three months’ salary and allowances in lieu of the notice, be
removed by Government without assigning any reason.
8.
Secretary
of the Authority.– (1) The Government shall appoint a Secretary of the Authority for
a term of three years on such terms and conditions as the Government may
determine.
(2)
The Secretary shall be a whole-time officer of
the Authority and shall perform such functions as may be assigned to him by the
Authority or the Managing Director.
(3)
The Government may extend the term of the
Secretary beyond three years.
9.
Committees.– The
Authority may constitute such
committees as it may deem necessary for carrying out the purposes of this Act.
10.
Establishment
of the Fund.– (1) There shall be established
a fund known as the Metrobus Authority Fund, which shall vest in the Authority
and shall be utilized by the Authority to meet all its expenses and charges in
connection with its functions and powers under this Act, including the payment
of salaries and remuneration to its employees.
(2)
The Authority shall establish an escrow account
in a scheduled bank approved by the Government and the account shall be
collectively operated by the authorized representatives of the Authority and
such service provider, as notified by the Authority.
(3)
All monies credited in the Fund shall be
deposited with the bank approved by the Government.
(4)
The Fund shall be financed by–
(a)
fees, fines and other amounts received by the
Authority;
(b)
grants from the Government or any other body or organization;
(c)
foreign aid and foreign loans obtained or raised by the
Authority with the sanction of and on such terms and conditions as may be
approved by the Government;
(d)
proceeds of all charges and income from sale of assets, and any recovery
made under this Act; and
(e)
such other sum as may be received by the Authority.
11.
Delegation.– The Authority may, subject to such conditions
as it deems appropriate, delegate to the Managing Director or an officer of the
Authority any of its powers or functions under this Act, rules or regulations.
12.
Appointment
of officers and employees.–The Authority
may appoint such officers, experts, consultants and employees as it considers
necessary for the efficient performance of its functions in such manner and on
such terms and conditions as may be prescribed by regulations.
13.
Accounts.–The Authority shall maintain proper accounts and
other relevant records and prepare annual statements of accounts in such form
as may be prescribed.
14.
Budget.– (1)
The Authority shall prepare, every
year, in such form and at such time as may be prescribed a budget in respect of
the next financial year showing the estimated receipts and expenditures of the
Authority and shall submit the same to the Government for approval.
(2)
If the Government fails to approve or modify the
budget within thirty days of its receipt, the budget as prepared by the
Authority shall be deemed to have been approved.
15.
Audit.– (1)
The Auditor General of Pakistan shall audit the annual accounts of the
Authority.
(2)
In addition to the audit in terms of sub-section
(1), the Authority shall appoint or hire services of a chartered accountant or
a firm of chartered accountants for purposes of annual audit of its accounts.
(3)
The Managing Director shall, within six months
of the close of a financial year, submit the annual statement of accounts along
with the report of the auditor to the Authority.
16.
Causing
damage to property and disobedience of orders.– (1) If a person willfully causes
damage or allows damage to be caused to any property which vests in the
Authority, or which is intended to be acquired by the Authority, or unlawfully
converts it to his own or any other person’s use, he shall be punishable with
imprisonment for a term which may extend to three years, or with fine, or with
both.
(2)
If a person,
without lawful excuse, fails or refuses to comply with any direction or order
issued by the Authority under this Act, he shall be guilty of an offense
punishable under this section.
17.
Penalty
for contravention.– If a person contravenes
any provision of this Act or any rule or regulation, he shall, if no other
penalty is provided under the Act, be punishable with imprisonment for a term
which may extend to three years, or with fine, or with both.
18.
Administrative
penalties.–(1) Notwithstanding anything contained
in this Act or any other law, if a person, without permission of the Authority,
enters into a corridor or in any manner interferes or obstructs any corridor,
Metrobus or ancillary facilities, or travels or attempts to travel on a
Metrobus without payment of fare, he shall be liable to the punishment of such
fine as may be prescribed by the rules.
(2)
If a person commits
an offence under sub-section (1), an officer or agent of the Authority
authorized in this behalf may, at the spot, impose the prescribed fine on such
person.
(3)
If the person fails
to pay or deposit the fine at the spot or in the prescribed manner, the officer
authorized by the Authority may submit a complaint against such person in the
Court and such person shall be deemed to have committed an offence under
section 17 of the Act.
19.
Procedure relating to offences.–(1) An offence under this Act shall be noncognizable
and a Court shall not assume jurisdiction for the offence unless an officer
authorized by the Authority submits a complaint to the Court.
(2)
No Court other than
the Magistrate of first class shall try an offence under this Act.
(3)
The Court shall try
an offence under this Act in a summary manner in terms of Chapter XXII of the
Code of Criminal Procedure, 1898 (V of 1898) but notwithstanding anything
contained in the said Code, the Court may impose a punishment of imprisonment
for a term not exceeding six months or fine not exceeding one hundred thousand
rupees or both.
(4)
The Authority or an
officer authorized by the Authority may compound of an offence under this Act
subject to the payment of the prescribed compensation.
(5)
The fine or
compensation recovered from a person under this Act shall form part of the
Fund.
20.
Recovery of amounts due.– Any fine, compensation or other amount payable to the Authority may
be recovered by an officer authorized by the Authority as arrears of land
revenue and such officer shall be deemed to be a Collector for purposes of
recovery of fine, compensation or other amount.
21.
Members,
officers and employees to be public servants.– The
Chairman, Vice Chairman, members, Managing Director, Secretary, officers,
servants, experts and consultants of the Authority shall, when acting or
purporting to act in pursuance of any of the provisions of this Act, be deemed
to be public servants within the meaning of section 21 of the Pakistan Penal
Code, 1860 (XLV of 1860).
22.
Immunity
of the Authority and its employees.– No
suit, prosecution or any other legal proceedings shall lie against the
Authority, the Chairman, Vice Chairman, the Managing Director, any member,
officer, servant, expert or consultant of the Authority, in respect of anything
done or intended to be done in good faith under this Act.
23.
Act
to prevail over other laws.– In the
event of any conflict or inconsistency between a provision of this Act and a
provision of any other law, the provisions of this Act shall, to the extent of
such conflict or inconsistency, prevail.
24.
Restriction
on execution against property.– No
property of the Government, the Authority or any service provider which is
deployed in the MBS shall be liable to be taken in execution of any decree or
order of any court or of any local authority or person having by law the power
to attach or otherwise to cause the property to be taken in execution, without
the previous sanction of the Authority.
25.
Rules.–
The Government may, by notification, make rules to carry out the purposes of
this Act.
26.
Regulations.–
(1) Subject to this Act and the rules, the Authority may frame regulations for
giving effect to the provisions of the Act.
(2)
Without prejudice to the foregoing powers, such
regulations may provide for appointment of its officers, staff, employees and
other persons, terms and conditions of their service and performance of
functions by the Authority.
27.
Power
to remove difficulties.– If any
difficulty arises in giving effect to the provisions of this Act, the
Government may, by notification, not inconsistent with the provisions of this
Act, remove the difficulty.
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