Andhra Pradesh Municipal Tramways (Construction, Operation and Maintenance) Act, 2008

{
    "id": 14639,
    "slug": "andhra-pradesh-municipal-tramways-construction-operation-and-maintenance-act-2008",
    "title": "Andhra Pradesh Municipal Tramways (Construction, Operation and Maintenance) Act, 2008",
    "short_title": "Andhra Pradesh Municipal Tramways (Construction, Operation and Maintenance) Act, 2008",
    "act_number": "(Act No. 38 of 2008)",
    "act_year": 2008,
    "act_type": "STATE",
    "location": "Andhra Pradesh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Andhra Pradesh Municipal Tramways (Construction, Operation and Maintenance) Act, 2008",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(1) \"agreement\" means an agreement entered into between the State Government and any person under Section 5 for the development, construction, management, operation and maintenance of a tramway system in a municipal area and includes any subsequent agreement amending, varying, extending or substituting that agreement;\n(2) \"carriage\" means, a carriage or coach (whether powered or not) utilized for carrying passengers, or luggage in a tramway system;\n(3) \"claims commissioner\" means a claims commissioner appointed under Section 38;\n(4) \"company\" means a company as defined in Section 3 of the Companies Act, 1956;\n(5) Central Act No. 36 of 2003;- \"electric line\" shall have the meaning assigned to it under Clause (20) of Section 2 of the Indian Electricity Act, 2003;\n(6) \"fare\" means the charges levied for the carriage of passengers or luggage on a tramway and includes charges levied for provision of any services or facilities provided by the tramway operator under and in accordance with the order or the agreement, as the case may be;\n(7) \"land\" includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and any right or interest in any land;\n(8) \"local authority\" means a municipal corporation, municipal council, or other authority constituted or continued under any law for the time being in force for a municipal area;\n(9) \"luggage\" means baggage of a passenger carried by him; or entrusted to the tramway operator for carriage;\n(10) \"municipal area\" means the area comprised in the boundaries of a local authority;\n(11) \"Notification\" means a notification published in the Andhra Pradesh Gazette and the work \"notified\" shall be construed accordingly;\n(12) \"order\" means an order made by the State Government under sub-section (3) of Section 4, and published in the Andhra Pradesh Gazette as required under sub-section (4) thereof, granting to a local authority, other authority, government company, agency or body of the State Government, the right and authorization to develop, construct, manage, operate and maintain a tramway system in a municipal area and includes any subsequent order amending, varying, extending or substituting that order;\n(13) \"pass\" means an authority given by the tramway operator or by an officer appointed by the tramway operator, to a person allowing him to travel as a passenger on the tramway but does not include a ticket;\n(14) \"passenger\" means a person travelling on a tramway with a pass or ticket;\n(15) \"person\" includes a local authority or statutory or other authority, a company including a government company, a department or other agency of the state government or a corporation or body constituted under any law for the time being in force in the State of Andhra Pradesh.\n(16) \"prescribed\" means prescribed by rules made under this Act;\n(17) \"railway\" shall have the meaning assigned to it in Clause (31) of Section 2 of the Railways Act, 1989;\n(18) \"Safety Commissioner\" means the commissioner of tramway systems safety appointed under Section 30;\n(19) \"State Government\" means the Government of Andhra Pradesh;\n(20) \"telegraph line\" shall have the meaning assigned to it in Clause (4) of Section 3 of the Indian Telegraph Act, 1885;\n(21) \"tramway\" or \"tramways\" including \"rolling stock\" means any carriages, coaches, wagons and trolleys (whether powered or not), and engines, and vehicles of all kinds or any combination thereof operating on a tramway system and includes all mechanical, internal combustion or other devices for propulsion thereof on a tramway system;\n(22) \"tramway official\" means any person employed by the tramway operator in connection with the services of a tramway system or authorized by the tramway operator to act as a tramway official, whether or not employed by the tramway operator;\n(23) \"tramway operator\" means the local authority or any other person who is granted by an order or under an agreement, as the case may be, the right to develop, construct, manage, operate and maintain a tramway system in a municipal area;\n(24) \"tramway station\" includes a regular stopping place on the tramway system meant for boarding, and alighting of passengers from the tramways and/ or provision of other passenger facilities;\n(25) \"tramway system\" means a guided mass rapid transit system having one, two or more rails or guide ways or a dedicated right-of-way with carriages or coaches having steel flange-wheels or rubber-tyred wheels or any other wheels or systems to operate on the rails or guide ways or dedicated right-of-way and includes monorail, sky train, sky bus and maglev, but excludes suburban and other rail lines which are governed by the Railways Act, 1989, for carriage of passengers and luggage within a municipal area and includes:-\n(a) all land within the boundary marks indicating the limits of the land appurtenant to any tramway system;\n(b) any part of a tramway system, or any sidling, turnout, connection, line or track belonging to a tramway system;\n(c) all tramway stations, offices, ventilation shafts and ducts, warehouses, workshops, factories, fixed plants and machineries, sheds, depots, communication lines and equipments, electrical equipments, electric lines transmitting power to the tramway system from a generating station, or grid substations of the local utility agency to the tramway system, either directly or through a sub-station and other works or facilities constructed for the purpose of, or in connection with the tramway system including the systems for provision of communication and transportation services;\n(26) \"tramway system alignment\" in relation to any municipal area means such alignment of t he tramway system as has been notified by the State Government for construction of the tramway system;\n(27) \"tramway system premises\" means any area, space or building occupied by the tramway system, and includes the area below the tramway system and air space above the tramway system, which is designed, equipped and set apart for the provision of any services in relation to the tramway system, whether or not such area, space or building is owned by the tramway operator:\n(28) \"tramway undertaking\" includes all properties, move able and immoveable, located on or within the tramway system premises and includes the tramway system rails, guide ways, dedicated rights of way, elevated structures, tunnels, sub-way box-structures, over-bridges, under bridges, station buildings and installations, carriages, and other rolling stock, signalling, telecommunication, air-conditioning and ventilation equipments, power transmission system including electrical sub-stations, drainage pumps, escalators, lifts, stairs, lighting installations, depots, workshops, ticket vending machines, ticket barriers, electric traction and related equipments, and such other properties as the state government may specify but excludes public roads.\nChapter - II\nGrant of Rights, Functions and Powers of the Tramway Operator",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Application for operating system.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Procedure for making order on application.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Power of the State Government to enter into agreement for development, construction, management, operation and maintenance of tramway system.",
            "chapter": null,
            "content": "(1) the State Government may enter into an agreement or other arrangement (whether by way of partnership, joint venture or in any other manner) in writing, with any person selected through open competitive bidding or otherwise for grant of concession to develop, construct, manage, operate and maintain a tramway system for any Municipal area on build, own, operate and transfer or any other basis and on such other terms and conditions as may be agreed upon or prescribed by the State Government;\n(2) the tramway operator appointed pursuant to an agreement referred to in sub-section (1) is entitled to collect and retain fare, subject to the provisions of the agreement for services or benefits rendered by him, at such rate as the State Government may, by notification, in the official Gazette, specify subject, however, to the rules that may be made in this behalf.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Authorisation for construction and operation of tramway system.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Contents of order or agreement.",
            "chapter": null,
            "content": "(a) the period before the expiration of which the tramway system shall commence operations, and the conditions subject to which the local authority or person may within that period commence commercial operations and opened for public traffic;\n(b) the conditions subject to which the tramway operator may burrow tunnels for the purposes of the tramway system, under any public or private property.\n(c) the conditions subject to which roads may be opened and broken up for the purposes of the construction or maintenance of the tramway system or any part thereof, an the method of, and materials to be used in the reinstating of the roads and the approval of the method and materials by the State Government or the authority designated by the State Government before the commencement of the work;\n(d) the conditions on which any part of the tramway system may be constructed over a bridge or across a railway or a tramway carriageway, when the carriage-way over the bridge is to form part of the tramway system or when any part of the tramway system is to cross a railway or another tramway carriage-way on any level;\n(e) the space which shall ordinarily intervene between the outside of the carriage-way on either side of a road whereon the tramway system is to be constructed, and-\n(i) in the case of a tramway system having one rail or guide way or dedicated right-of-way, the rail or guide way or dedicated right-of-way of the tramway, or\n(ii) in the case of a tramway system having two or more rails or guide ways or dedicated right-of-way the nearest rail or guide way or dedicated right-of-way of the tramway and the conditions on which a smaller space may be permitted.\n(f) the guage of the rails or guide ways or dedicated right-of-way to be used, and the mode in which and the level at which, they shall be laid and maintained; and the adoption and application by the tramway operator of such improvements in the rails or guide ways or dedicated right-of-way and in their situation, and in the substructure upon which they rest, as the state government may from time to time require;\n(g) the portion of the road or roads traversed by the tramway system to be kept in repair by the tramway operator; the maintenance by the tramway operator to the satisfaction of the State Government of that portion of the road or roads; and the liability of the tramway operator, on the requisition of the State Government, from time to time to adopt and apply such improvements in the tramway as the State Government may consider necessary or desirable for the safety or convenience of the public, and to alter the position or level of the tramway to suit future alteration in the road or roads;\n(h) the application of material excavated by the tramway operator in the construction or maintenance of the tramway system;\n(i) the provision of such crossings, passing places, sidings, junctions and other works, in addition to those specified in or authorised by the order or agreement, as may from time to time be necessary or convenient to the efficient working of the tramway;\n(j) the powers which may from time to time be exercised by the State Government, the local authority, or any other authority in respect of sewers, drains, telegraph-lines, gas-pipes, water-pipes or other things in or on land occupied by the tramway system, the notice (if any) to be given of the intended exercise of those powers, the manner in which the powers shall be exercised, and the extent to which the tramway system and the traffic thereon may be interfered with in the exercise thereof.\n(k) the conditions subject to which the tramway operator may from time to time interfere with, or alter or require the alteration of the position of drains (not being sewers or main drains), telegraph lines, gas-pipes, water-pipes or other things as aforesaid;\n(l) the provision of a temporary tramway system or part thereof in place of a part of a tramway system which has been removed, or the use of which has been discontinued by reason of the execution of any work affecting a road along which a part of the tramway system was laid, or by reason of the use of the road being interrupted by floods or other cause;\n(m) the motive power to be used on the tramway system and the conditions on which any mechanical power or electrical power may be used;\n(n) the nature, dimensions, fittings, appliances and apparatus of the carriage to be used on the tramway system and the inspection and examination thereof by officers of the State Government or the concerned regulatory or other authority, and the liability of the tramway operator, on the requisition of the State Government, from time to time, to adopt and apply such improvements in the carriages, and in the fittings, appliances and apparatus, as the State Government may consider necessary or desirable for the safety or convenience of the public or the tramway system;\n(o) the traffic which may be carried on the tramway system, the traffic which the tramway operator shall be bound to carry, the traffic which the tramway operator may refuse to carry, the fares leviable by the tramway operator, and the periodical revision thereof by the State Government and the regulation of the traffic and of the levy of the fares;\n(p) the use of the tramway system free of any payment by the local authority, with its own carriages, for specified purposes, during specified hours, with power to the local authority to make such sidings and other works as may be necessary for communication between its premises and the tramway system;\n(q) the conditions subject to which tramway operator may be permitted to encumber or create any security interest in the tramway undertaking or any part thereof, by sub-lease, sub-licence or otherwise including substitution of the tramway operator under the order or the agreement, as the case may be, and the conditions subject to which any Government authority or any other person including any local authority or any other authority may be the transferee;\n(r) the performance by the State Government or by the local authority or any other authority o any work required by the Act or the order or the agreement to be done by the tramway operator; and\n(s) the penalty to be incurred by the tramway operator for failure to observe any condition or direction contained in the order or the agreement, as the case may be, and the application of the penalty when recovered.\n(a) authorising the disregard by the tramway operator of any law for the time being in force; or\n(b) authorising any person to institute any proceedings in respect of duty or liability to which the tramway operator or its officers or other employees would not otherwise be subject.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Amendment of orders and agreement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Lease of land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Vesting of assets and liabilities of tramway system.",
            "chapter": null,
            "content": "(i) any sub-contract entered into by the tramway operator pursuant to Section 11 with any other person, or\n(ii) the vesting of all or part of a tramway system vested in any person pursuant to an agreement entered into by the state government under Section 5(1).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Power of Tramway Operator to Sub-contract.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Functions of tramway operator.",
            "chapter": null,
            "content": "(a) to develop, construct, manage, operate, maintain and use the tramway system and provide rapid mass transportation services for public carriage of passengers and luggage on such tramway system within a Municipal area;\n(b) to engage in and perform such other functions and provide such other services as are incidental to or may be considered necessary for the purpose of development, construction, management, operation, maintenance and use of a tramway system for providing rapid mass transportation services for public carriage of passengers and luggage within a Municipal area; and\n(c) to undertake such other operations and functions as may be expressly permitted by the order or the agreement, as the case may be, for the purposes of the development, construction, management, operation, maintenance and use of the tramway system.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Power of the State Government to direct grant of licenses etc., to the tramway operator.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Cessation of powers given by an order or agreement.",
            "chapter": null,
            "content": "(a) does not within the time specified in such order or agreement, substantially commence the construction of the tramway system, or\n(b) having commenced the construction, suspends it without reasons sufficient in the opinion of the State Government to warrant the suspension, or\n(c) does not within the time specified in such order or agreement, as the case may be, complete the tramway system and open it for public traffic, or\n(d) committed material breach of any terms and conditions of such order or agreement, as the case may be, the State Government shall have the power to suspend by a notification the powers, rights and authority of the ram way operator under the order, or under the agreement, as the case may be. Any such suspension by the State Government, shall, notwithstanding anything to the contrary contained herein, be deemed to be under the order or the agreement, as the case may be, and without prejudice to the respective rights and remedies which the State Government and the tramway operator may have with respect to such suspension under the order or under the agreement, as the case may be.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Transfer of rights and obligations.",
            "chapter": null,
            "content": "(a) any sub-contract entered into by the tramway operator pursuant to Section 11 with any other person or\n(b) the vesting of all or part of a tramway system vested in any person pursuant to an agreement entered into by the State Government.\nChapter - III\nConstruction, Operation and Maintenance of Tramways",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Mode of construction of tramway.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Powers of tramway operator in relation to the construction and maintenance of tramway system.",
            "chapter": null,
            "content": "(a) make or construct in, upon, across, under or over any land or other premises, streets, roads, rails or any rivers, canals, brooks, streams or other waters, or any drains, water-pipes, gas-pipes, electric lines or telegraph lines, or optical fibre cables, such temporary or permanent planes, arches, tunnels, culverts, embankments, aqueducts, bridges, ways or passages,\n(b) alter the course of any river, canal, brook, stream or water course for the purpose of constructing tunnels, passages or other works over or under them and divert or alter temporarily as well as permanently, any drain, water pipe, gas pipe, electric line or telegraph line or optical fibre cables and raise or sink the level thereof, in order to carry them more conveniently;\n(c) make drains or conduits into, though or under any lands adjoining the tramway system for the purpose of conveying water, sewage and/or ventilation from or to the tramway system, and regulate drilling of tube wells or sinking of wells, public or private, in the proximate vicinity of the tramway system;\n(d) erect, construct and maintain roads, structures for motor transport meant for accommodation of the traffic passing through or along the tramway system alignment, or for the provision of integrated transit or convenient transfer at or near tramway stations;\n(e) erect, construct and maintain tramway station buildings, operation control centers, and other structures;\n(f) erect, maintain and repair any signalling and other communication facilities, telegraph or optical fibre cable and electric supply line, any electric traction equipment, power supply and distribution installation, electric substations, and other works in connection with the working of the tramway system and obtain any licenses required for the same;\n(g) construct and maintain works for convenience of the owners and occupiers of lands and buildings adjoining the tramway system such as crossing, bridges, over-bridges, under-bridges, culverts, tunnels, roads, drains, water sources or other passages over, under or by the side of, or leading to a tramway station; and\n(h) do all other acts necessary or expedient for making, maintaining, altering or repairing and using the tramway system or for the purpose of carrying out its functions under the Act.\n(b) improve, develop or alter any tramway system premises or and of the properties;\n(c) authorize any tramway official, to enter temporarily in or upon the lands adjoining the tramway system alignment in order to remove obstructions, or prevent imminent danger from or which may obstruct the movement of the tramways, or passengers, or the view of the signal provided for movement of rolling stock;\n(d) enter into, assign and rescind any contract or obligation in accordance with the provision of this Act, the order or the agreement, as the case may be;\n(e) apply for and obtain license from the state and such other government as may be required to establish and maintain communication lines;\n(f) open or divert or temporarily close, as the case may be, any street, road, cable, trench, water supply line, drain (including a sewer), channel, ditch, culvert or any other device (whether for carrying of sullage, sewage, offensive matter, polluted water, trade affluent, rain water, sub-soil water or any other object), electric or gas supply line or telecommunication line, or telegraph installation, over, across, or under any tramway system premises; and\n(g) exercise such other powers and discharge such other functions as may be granted by the state government under the order or the agreement, as the case may be.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Power to underpin building or otherwise strengthen it.",
            "chapter": null,
            "content": "(a) the carrying out of the works upon the land where any building is situated; or\n(b) the construction or operation of tramway system,\n(i) in a case referred to in Clause (a) above, from the date of completion of such works; and\n(ii) in a case referred to in Clause (b) above, from the date on which traffic was opened in the tramway system;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Power to enter for inspection, measurement etc.",
            "chapter": null,
            "content": "(a) inspect the same;\n(b) take measurements, make drawings and take photographs thereof and such other suitable measures as may be necessary to explore and check up, by digging trial pits or otherwise, the foundation of any building in the vicinity of the tramway system alignment;\n(c) take such other measures as the tramway operator deems it necessary and proper.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Amount payable for damage, loss or injury.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Period for claim of damages.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Prohibition of removal of marks.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Inspection of tramway before opening.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Certificate of fitness for the opening of tramway system.",
            "chapter": null,
            "content": "(a) he has made, or caused to be made, a careful inspection of the tramway system and the rolling stock that may be used thereon;\n(b) the track structure, rolling stock, bridges, viaducts, tunnels, signalling and telecommunication system, traction system, ventilation and air condition systems complying with the standards and safety parameters prescribed under Section 33; and\n(c) in his opinion, the tramway system can be opened for public carriage of passengers without any danger to the public using it.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Opening of certain works.",
            "chapter": null,
            "content": "(i) opening of additional lines of tramway system,\n(ii) opening of stations and junctions;\n(iii) re-modelling of yards, re-building of bridges, viaducts and tunnels; and\n(iv) any alternation or reconstruction materially affecting the structural character of any work.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Use of rolling stock.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Carriage of Dangerous or offensive goods.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Right to display commercial advertisements on tramway system or on tramway system premises.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Power to remove persons from tramway.",
            "chapter": null,
            "content": "Chapter - IV\nTramway System Safety",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Commissioner of tramway system safety.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Powers of the Safety Commissioner.",
            "chapter": null,
            "content": "(a) enter upon and inspect any tramway system, or any rolling stock used thereon and its other installations;\n(b) by order in writing addressed to the tramway operator, require the attendance before him of any tramway official and to require answers or returns to such inquiries as it thinks fit to make from such official or from the tramway operator.\n(c) require the production of any book, document or material object belonging to or in the possession or control of the tramway operator, which appears to it to be necessary to inspect; and\n(d) take any other measures that the Safety Commissioner may deem necessary for the performance of its duties and functions under this Act or rules made hereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Facilities to be provided to the Safety Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Standards for Safety of Tramway system and its users.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Annual safety report of Safety Commissioner.",
            "chapter": null,
            "content": "Chapter - V\nFare",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Fares leviable by tramway operator.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Constitution of Fare Fixation Committee.",
            "chapter": null,
            "content": "Chapter VI\nAccidents",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Notice of tramway system accident.",
            "chapter": null,
            "content": "(a) any accident attended with loss of any human life, or with grievous hurt, as defined in the Indian Penal Code, 1860; or\n(b) any collision between any rolling stock or of any rolling stock with any vehicle or thing; or\n(c) any derailment of any rolling stock carrying passengers, or of any part thereof; or\n(d) any accident of a description usually attended with loss of human life or with such grievous hurt as aforesaid: or\n(e) any accident of any other description which the State Government may notify in this behalf:\nChapter VII\nClaims Commissioner",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Claims Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. Procedure followed by Claims Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Decision of Claims Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Savings as to certain rights.",
            "chapter": null,
            "content": "Chapter - VIII\nLiability Due to Accidents.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Extent of liability.",
            "chapter": null,
            "content": "(a) Suicide or attempted suicide;\n(b) Self-inflicted injury;\n(c) Any criminal act for which he is responsible;\n(d) Any act committed by him in a state of intoxication or insanity;\n(e) Any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by an accident on the tramway system;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. Application for compensation.",
            "chapter": null,
            "content": "(a) the person who has sustained the injury or suffered any loss; or\n(b) all or any of the dependants of the deceased where death has resulted from the accident; or\n(c) an agent duly authorized by the person injured or all or any of the dependants of the deceased, as the case may be:\n(a) the wife, husband, minor or dependent son and minor or unmarried daughter or widowed daughter dependent on the deceased and in case the deceased passenger is unmarried or is a minor, his parent(s);\n(b) the parent(s). minor brother or unmarried sister, widowed sister, widowed daughter-in-law and a minor child of a pre-deceased son, if dependent wholly or partly on the deceased passenger;\n(c) a minor child of a pre-deceased daughter, if wholly dependent on the deceased passenger.\n(d) the paternal grand - parent wholly dependent on the deceased passenger.\nChapter - IX\nOffences and Penalties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "44. Drunkenness or nuisance on tramway system.",
            "chapter": null,
            "content": "(a) is in a state of intoxication; or\n(b) commits any nuisance or vandalism or act of indecency, or uses abusive or obscene language; or\n(c) will fully or without excuse interferes in any way with the comfort of any passenger or with any tramway official while in the lawful discharge of his duties; or\n(d) is found smoking;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "45. Penalty for taking or causing to offensive material upon tramway system.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "46",
            "title": "46. Penalty for taking or causing to take dangerous material upon tramway system.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "47",
            "title": "47. Prohibition of demonstrations upon tramway system.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "48",
            "title": "48. Penalty for travelling on roof, etc., of a tramway.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "49",
            "title": "49. Penalty for unlawfully entering or remaining upon tramway system or walking on tramway system track.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "50",
            "title": "50. Endangering the safety of passengers by tramway official.",
            "chapter": null,
            "content": "(a) by any rash or negligent act or omission; or\n(b) by disobeying any rule, regulation or order which such official or person was bound by the terms of his employment to obey, and of which he had notice,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "51",
            "title": "51. Abandoning tramway etc., without authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "52",
            "title": "52. Obstructing running of tramways etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "53",
            "title": "53. Obstructing tramway official in his duties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "54",
            "title": "54. Travelling without proper pass or ticket or beyond authorized distance.",
            "chapter": null,
            "content": "(a) travels in the tramway system without having a proper pass or ticket with him; or\n(b) being in or having alighted from a tramway, fails or refuses to present for examination or to deliver up his pass or ticket immediately on requisition being made therefor,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "55",
            "title": "55. Interference with means of communication in a tramway.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "56",
            "title": "56. Altering or defacing or counterfeiting pass or ticket.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "57",
            "title": "57. Defacing public notices.",
            "chapter": null,
            "content": "(a) pulls down or will fully damages any board, document or gadgets posted or set up by the order of the tramway operator on the tramway system, or any rolling stock, or\n(b) obliterates or alters any letters or figures upon any such board, document or gadget or upon any rolling stock,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "58",
            "title": "58. Any sale of articles on tramway system premises.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "59",
            "title": "59. Maliciously wrecking a tramway or causing sabotage.",
            "chapter": null,
            "content": "(a) loosens or displaces any rail or any other matter or thing belonging to the tramway system;\n(b) turns, moves, unlocks or diverts any point or other machinery belonging to the tramway system;\n(c) does or causes to be done any act of sabotage in relation to any tramway or to the tramway system with intent or with knowledge that it is likely to endanger safety of any person upon the tramway system or any part of the tramway system;\n(i) three years in the case of first conviction; and\n(ii) seven years in the case of conviction for the second or subsequent offence.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "60",
            "title": "60. Penalty for unauthorized sale of pass or ticket.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "61",
            "title": "61. Maliciously hurting or attempting to hurt persons travelling by tramway system.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "62",
            "title": "62. Endangering safety of persons travelling by tramway system by rash or negligent act or omission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "63",
            "title": "63. Damage to or destruction of certain tramway system properties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "64",
            "title": "64. Endangering the safety of persons travelling by tramway by unlawful act or wilful omission.",
            "chapter": null,
            "content": "(a) six months in the case of first conviction: and\n(b) two years in the case of conviction for the second or subsequent offence.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "65",
            "title": "65. Penalty for making a false claim for compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "66",
            "title": "66. Offences by companies.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "67",
            "title": "67. Arrest of person without warrant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "68",
            "title": "68. Prohibition against travelling of persons suffering from infectious or contagious diseases and powers to remove them.",
            "chapter": null,
            "content": "Chapter - XII\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "69",
            "title": "69. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "70",
            "title": "70. Officials of tramway operator to be public servants. Central Act No. 45 of 1860.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "71",
            "title": "71. Procedure for summary delivery to the tramway operator of property detained by a tramway official.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "72",
            "title": "72. Proof of entries in records and documents.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        },
        {
            "number": "73",
            "title": "73. Service of notice, etc., on the tramway operator.",
            "chapter": null,
            "content": "(a) by delivering it or tendering it at the office of the tramway operator, to an official who is empowered to receive any such service, and who shall give an acknowledgement of service; or\n(b) by registered post or by a recognized courier to the registered address of the tramway operator.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "74",
            "title": "74. Service of notices by the tramway operator.",
            "chapter": null,
            "content": "(a) delivering it to the person; or\n(b) leaving it at the usual or the last known place of abode of the person: or\n(c) registered post addressed to the person at his usual or the last known place of abode.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "75",
            "title": "75. Representation of the tramway operator.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 74
        },
        {
            "number": "76",
            "title": "76. Appointment of Security Staff.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        },
        {
            "number": "77",
            "title": "77. Taxation on tramway system by local authorities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 76
        },
        {
            "number": "78",
            "title": "78. Delegation of powers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 77
        },
        {
            "number": "79",
            "title": "79. Power to remove difficulties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 78
        },
        {
            "number": "80",
            "title": "80. Effect of the Act and rules etc., inconsistent with other enactments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 79
        },
        {
            "number": "81",
            "title": "81. Power to make rules.",
            "chapter": null,
            "content": "(a) notification of standards and safety parameters;\n(b) powers of tramway operator in relation to the development, construction, management, operation and maintenance of tramway system:\n(c) the arrangements to be made for and the formalities to be complied with before opening the tramway system for the public carriage of passengers:\n(d) for regulating the mode in which, and the speed at which rolling stock used on the tramway system is to be moved or propelled;\n(e) the cases in which and the extent to which the procedure provided in this Act may be dispensed with;\n(f) the manner and consideration for determination of amount payable for any loss, damage or injury under Section 20 and the manner of deposit and payment thereof:\n(g) the particulars of the ticket such as the value, the period of validity and other particulars in relation thereto;\n(h) for regulating the travel upon, and the use, working, maintenance and management of the tramway system;\n(i) the persons to whom notices in respect of any inquiry under this Act are to be sent, the procedure to be followed in such inquiry and the manner in which a report of such inquiry shall be prepared;\n(j) the making of an inquiry into the cause of the accident under Section 39;\n(k) material which is offensive or dangerous under Section 27;\n(l) the use of the tramway system by persons suffering from infectious or contagious diseases under Section 68;\n(m) for determination (including revision), regulation and collection of fares;\n(n) to regulate the working of the tramway system, including the pre-requisites to and manner of opening of traffic on a tramway system under Section 24 the suspension of traffic on a tramway system, the closing of the tramway system or of any rolling stock, and the pre-requisites to. and manner of, reopening of traffic on a tramway system wherein traffic has been suspended or which has been closed.\n(o) any other matter which is required to be or may be prescribed to carry out the provisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "82",
            "title": "82. Power of the tramway operator to make regulations.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 81
        },
        {
            "number": "83",
            "title": "83. Vesting of property on Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 82
        },
        {
            "number": "84",
            "title": "84. Repeal of Ordinance 5 of 2008.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 83
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 10th September, 2019 [ap403]",
        "Act Number": "(Act No. 38 of 2008)",
        "Enactment Date": "",
        "Act Year": "2008",
        "Short Title": "Andhra Pradesh Municipal Tramways (Construction, Operation and Maintenance) Act, 2008",
        "Type": "STATE",
        "Location": "Andhra Pradesh"
    },
    "updated_at": "2026-09-29 21:55:18"
}