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The BENGALURU METROPOLITAN LAND TRANSPORT AUTHORITY ACT, 2022

KARNATAKA ACT NO 06 OF 2023

An Act to provide for the constitution of the Bengaluru Metropolitan LandTransport Authority for Urban Mobility Region in the city of Bengaluru and for regulationof the development, operation, maintenance, monitoring, supervision of urban mobilitywithin Urban Mobility Region.

Whereas it is expedient to provide for the constitution of the BengaluruMetropolitan Land Transport Authority for Urban Mobility Region in the city of Bengaluruand for regulation of the development, operation, maintenance, monitoring, supervision ofurban mobility within Urban Mobility Region and for the matters connected therewith orincidental thereto for the purposes hereinafter appearing;

Whereas multiple institutions or agencies like Bangalore Development Authority,Bengaluru Metropolitan Region Development Authority, Bangalore Traffic Police, BangaloreMetropolitan Transport Corporation, Bruhat Bengaluru Mahanagara Palike, BangaloreMetro Rail C

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S.1 Short title, extent and commencement

(1) This Act may be calledthe Bengaluru Metropolitan Land Transport Authority Act, 2022.

(2) It extends to the whole of Urban Mobility Region.

(3) It shall come into force on such date as the State Government may by [This Act has come into force w.e.f. 27.03.2023 by Notification No: NAE 9 PRJ 2020 (PART-I) Dates:03.03.2023.(See the text notification at the end of the Act).] in the official Gazette, appoint.


S.2 Definitions

In this Act unless the context otherwise requires,-

(a) “Aggregator” means an intermediary or market place, digital orotherwise for a passenger or a group of passengers to connect with the driver ofa transport vehicle for the purpose of transportation needs of that passenger or agroup of passengers;

(b) "Authority" in relation to any Urban Mobility Region means the Bengaluru Metropolitan Land Transport Authority constituted under section 4;

(c) "Bengaluru Metropolitan Area" means the Bengaluru Metropolitan Areaas defined under clause (c) of section 2 of the Bangalore Development AuthorityAct, 1976;

(d) “Central Government” means the Government of India;

(e) “Chairperson" means the Chairperson of the Authority as specifiedunder section 4 and shall also include any other person acting as the chairpersonof the Authority in the absence of chairperson;

(f) "Chief Executive Officer" means the Chief Executive Officer of theAuthority app

S.3 Declaration of the Bengaluru Urban Mobility Region and alteration of its limits

(1) The State Government may, by notification, declare BengaluruUrban Mobility Region from time to time, by specifying its territorial limit for thepurpose of applicability of this Act on such terms and conditions as deemed fit:

Provided that, the State Government, may, by notification, make alteration orchange any area within Bengaluru Urban Mobility Region.

(2) A map showing the boundary of the Bengaluru Urban Mobility Region asdeclared under this section shall be published in at least two English and two Kannadanews-papers, having wide circulation in such Urban Mobility Region and be advertised inelectronic form, social media and website, within such Urban Mobility Region.


S.4 Constitution of the Bengaluru Metropolitan Land Transport Authority

(1) The State Government shall, as soon as possible after thecommencement of this Act, but not later than six months from the date of itscommencement, by notification, establish an Authority to be called the BengaluruMetropolitan Land Transport Authority consisting of the following members,namely:-

(a) The Chief Minister of Karnataka Ex-officio Chairperson

(b) The Minister in charge of Bengaluru Development Ex-officio Vice-Chairperson

(b1) One Minister representing Bengaluru Metropolitan Area Ex-officio Member

(c) The Minister in charge of Transport Ex-officio Vice-Chairperson

(d) The Chief Secretary to the State Government Ex-officio Member

(e) The Additional Chief Secretary or Principal Secretary to the State Government, Urban Development Department Ex-officio Member

(f) The Additional Chief Secretary or Principal Secretaryto the State Government, Transport Department Ex-officio Member

(g) The Additional Chief Sec

S.5 Powers of the Chairperson

The Chairperson of the Authority shallhave powers of general superintendence, directions, and control in respect of alladministrative matters of the Authority.


S.6 Discharge of functions of the Chairperson in his absence

In theevent of the Chairperson being unable to discharge the Authority’s functions, theMinister for Bengaluru Development shall be the Chairperson:

Provided that, in the event of the Minister for Bengaluru Development being theChief Minister, the Minister for Transport shall be the Chairperson.

Provided further that, in the absence of the Minister of Transport, the ChiefSecretary to the State Government shall preside over the meeting.


S.7 Term of office and conditions of service of Non-official members

The terms of appointment and allowances payable to, and other conditions ofservice of the Non-official members, shall be such as may be prescribed:

Provided that, the Non-official members shall hold office for a period of not exceeding threeyears. They may be re-appointed for a further period of three years.


S.8 Resignation, removal or suspension of Non-official members

(1)Any Non-official member may, by notice in writing, addressed to the Authority,resign from the Authority:

Provided that, the Non-official member, who has given notice of resignation, shallcontinue to hold office till the acceptance of the resignation by the Authority.

(2) The State Government may, by order, remove any Non-official memberfrom office, if such Non-official member,-

(a) is, or at any time has been, adjudged as an insolvent;

(b) has been convicted of an offence which, in the opinion of the StateGovernment, involves moral turpitude;

(c) has acquired such financial or other interest as is likely to affectprejudicially his functions as a member;

(d) has so abused the position as to render his continuance in officeprejudicial to the public interest;

(e) has become physically or mentally incapable of performing hisfunctions under the Act;

(f) has acted against the code of conduct specified by the Authority

S.9 Declaration of conflict of interest

(1) If any member, Special Invitee or Non-official member has interest pertaining to any matter which may be laid for discussionbefore the Authority, such person shall make self-declaration to the Chairperson in suchformat as may be prescribed in the rules.

(2) If the Chairperson is satisfied that such a person has an interest in the matterlaid down for discussion before the Authority, the Chairperson shall direct such person toabstain from participation on discussion of that matter.


S.10 Terms of working of the Authority

(1) An ordinary meeting shall generally beheld at least twice every year.

(2) The Chairperson shall have the power to call for a special meeting as deemednecessary.

(3) The minutes of the proceedings of each meeting shall be recorded in a bookmaintained for the purpose or as an electronic record.

(4) The quorum for a special or ordinary meeting shall be one third of the totalmembers of the Authority.

(5) All the issues arising before the Authority shall be decided by consensus in themeetings of the Authority.

(6) All orders and decisions of the Authority shall be authenticated by the ChiefExecutive Officer or any other officer of the Authority duly authorized by the Authority.


S.11 Secretariat of the Authority

(1) The Directorate of Urban Land Transportshall be the secretariat of the Authority.

(2) The Commissioner of the Directorate of Urban Land Transport shall be the Chief Executive Officer of the Authority.


S.12 Constitution of Executive Committee

(1) The Authority shall constitute anExecutive Committee to assist in the discharge of its functions in the manner as specified inthe regulations. The Executive Committee shall consist of the following members, namely:-

(a) The Chief Secretary to the State Government Ex-officio Chairperson

(b) The Additional Chief Secretary or the Principal Secretary to the State Government, Urban Development Department Ex-officio Member

(c) The Chief Commissioner, Bruhat Bengaluru Mahanagara Palike Ex-officio Member

(d) The Commissioner, Bangalore Development Authority Ex-officio Member

(e) The Commissioner, Bangalore Metropolitan Region Development Authority Ex-officio Member

(f) The Commissioner of Police, Bengaluru Ex-officio Member

(g) The Commissioner, Transport and Road Safety Ex-officio Member

(h) The Director, Department of Town and Country Planning Ex-officio Member

(i) The Managing Director, Bangalore Metro Rail Co

S.13 Committees constituted by the Authority for specific subject matters

(1)The Authority may from time to time appoint committees consisting of such members, as itthinks fit and may associate with such committee in such manner and for such period asrequired, any expert whose assistance or advice it may desire, and refer to suchcommittees for inquiry and report, any subject relating to the purposes of this Act.

(2) Every committee shall carry out the instructions given to it by the Authority and every final decision of such committee shall, subject to any rule to the contrary, be laidbefore the Authority for confirmation.

(3) The procedure to be followed by the committees and all other matters includingthe allowances or fees for attending the meetings of the committee shall be such, asspecified in the regulations.


S.14 Duties and functions of the Authority

(1) Notwithstanding anythingcontained in any other law for the time being in force and without prejudice to theforegoing power, the duties and functions of the Authority shall include the following,namely:-

(a) Promote seamless mobility through sustainable urban transport and integrationof land use and transport planning in the Urban Mobility Region by causing to prepareand update regularly, the Comprehensive Mobility Plan for the Urban Mobility Region;

(b) Review and approve the City Mobility Investment Program prepared in accordance with the Comprehensive Mobility Plan;

(c) Put in place frameworks, regulations, and mechanisms to establish an effectivecoordination mechanism, encompassing all strategic and operational matters, amongvarious Urban Transport agencies, Infrastructure Development agencies and TrafficManagement agencies providing facilities and services in the Urban Mobility Region;

(d) Cause preparation of plans and implementation

S.15 Duties and Functions of the Executive Committee

Notwithstanding anything contained in any other law for the time being in force, and in particular, andwithout prejudice to the foregoing power, the Executive committee shall have the followingfunctions, namely:-

(a) assist the Authority in discharging any of its functions under this Act;

(b) oversee the preparation of various policies, plans, regulations,schemes, and programmes under this Act;

(c) cause to implement rules, regulations, policies, directions, guidelines,bye-laws, programmes, advisories, circulars issued by the State Government orthe Authority from time to time; and

(d) perform such functions and duties as the Authority may specify fromtime to time for effective implementation of this Act in the Urban Mobility Region.


S.16 Duties and functions of the Chief Executive Officer

Notwithstanding anything contained in any other law for the time being in force, and without prejudice tothe foregoing power, the Chief Executive Officer shall discharge the following duties andfunctions under the overall guidance and control of the Authority, namely:-  

(a) ensure implementation of the decisions of the Authority;

(b) appoint officers, employees and supporting staff as specified in theregulations and prepare and review as appropriate, performance related termsand conditions of services for the employees;

(c) appoint consultants, professionals and experts, who are technicallyqualified and have knowledge of and experience in transport planning,management, operations, economics, finance, engineering, urban planning, law,business or such other disciplines related to Urban Mobility, as deemednecessary to assist the Authority in discharge of its functions;

(d) prepare, update as required and ensure the implementation of theComprehen

S.17 Powers of the Authority

(1) Notwithstanding anything contained in anyother law for the time being in force, the Authority shall have the following powers,namely:-

(a) accept, acquire, hold, surrender, transfer or re-convey security(including security provided in a financing arrangement) of any kind in any formwhatsoever;

(b) borrow, lend, fund and/or facilitate financing of all Urban Mobilityrelated investment seeking funds managed by the Authority, for theimplementation of the projects, plans, schemes, and proposals included in theCity Mobility Investment Program to ensure development of comprehensive,integrated and planned Urban Mobility in the Urban Mobility Region;

(c) devise regulations, guidelines and provide guidance and input to allUrban Transport Agencies, Infrastructure Development Agencies and TrafficManagement Agencies on matters pertaining to data sharing, and data accessand intellectual property rights of data collated and shared;

(d) render advice or r

S.18 Power to give directions to urban transport agencies, infrastructuredevelopment agencies and traffic management agencies

(1) To ensure effectiveimplementation of the objects and purposes of this Act, notwithstanding anythingcontained in any other law for the time being in force, the Authority may give suchdirections with regard to the implementation of any Urban Mobility service orinfrastructure project within the Urban Mobility Region, as it may deem fit, to the relevantagencies responsible for providing the urban mobility and related infrastructure. Suchdirections shall be binding on such agencies and departments under the urban localbodies and State Government and shall override any contrary or conflicting order,direction issued by any such agencies and departments.

(2) The authority may take such measures as it may deem appropriate toensure implementation of the plans approved by the Authority.


S.19 Power to approve major Urban Transport projects

(1) The Authority shallhave power to approve all major Urban Transport projects proposed for or in the UrbanMobility Region to be developed by the Urban Transport Agencies, InfrastructureDevelopment Agencies and Traffic Management Agencies or any other agencies under theState Government or any local Government agency, from the perspective of consistencywith the Comprehensive Mobility Plan and in a time bound manner as specified in theregulations.

(2) No authority, agency, department under the State Government shallinitiate any public, private or public-private partnership project concerningUrban Mobility without obtaining prior approval of the Authority. The Approval ofthe Authority shall be necessary to seek any financial assistance from the StateGovernment including the regular budgetary allocations, any external aidedfunding as well as the Central Government sponsored funding.

(3) Upon receipt of request under sub-section (1) for approval of anyproject,

S.20 Preparation of policies

(1) The Authority shall prepare andimplement the following policies in connection with Urban Mobility and shallupdate periodically the existing policies on Urban Mobility in consultation withthe Urban Transport Agencies, Urban Local Bodies, Traffic ManagementAgencies, Urban Development Department, etc. All such policies shall be placedin public domain for public feedback before finalized,-

(a) Parking policy;

(b) Non-motorised transport policy;

(c) Transit-oriented development policy;

(d) Multi-modal Integration policy; and

(e) Freight Transport policy.

(2) The Authority may take up preparation of such other urban mobility policies asdeemed necessary.


S.21 Preparation of Comprehensive Mobility Plan

(1) The Authorityshall notify its intent to prepare a Comprehensive Mobility Plan in such mannerand form as specified by regulations.

(2) The Authority shall cause to prepare a Comprehensive Mobility Plan forthe Urban Mobility Region within two years from the date of its intent to preparea Comprehensive Mobility Plan to ensure integrated, comprehensive and planneddevelopment of Urban Mobility in the Urban Mobility Region, in conjunction withvarious Urban Mobility policies prepared under section 20 and the land use planapplicable to the Urban Mobility Region. Such plan shall include but not belimited to the following, namely:-

(a) Integration of social, economic, and spatial development policies andplans to advance sustainable urban transport;

(b) Various types of infrastructure, facilities, and other works;

(c) complete road network in the city (preferably converging at one sq. km.grid);

(d) existing and proposed route plans of public t

S.22 Integration of land-use and transport planning in thepreparation of Master Plan

(1) The Planning Authority in the Urban MobilityRegion shall prepare the land use plan as part of preparation or revision ofMaster Plan of the city or local planning area by taking into consideration theComprehensive Mobility Plan in its entirety.

(2) The Planning Authority shall necessarily consult the Authority duringthe preparation or revision of the Master Plan.

(3) In case the Authority deems it appropriate to suggest modifications in the Master Plan prepared by the Planning Authority, with a view to achieve landuse and transport integration, it shall forward the suggested changes to theconcerned Planning Authority for inclusion in the Master Plan. The suggestions,if any, made by the Authority shall be duly considered and incorporated in thedraft of the Master Plan and the draft of the Master Plan shall be sent to theAuthority for its concurrence. Where such suggestions are not incorporatedmutatis mutandis, the planning authority shall provide a detail

S.23 Revision of Comprehensive Mobility Plan

At least once in everyfive years, the Authority shall cause to revise and publish the ComprehensiveMobility Plan and the provisions of section 21 shall mutatis mutandis apply inrespect of each such revision of the Comprehensive Mobility Plan:

Provided that, in case the Master Plan for the Urban Mobility Region or parts ofUrban Mobility Region are taken up for revision, the Comprehensive Mobility Plan mayalso be revised concurrently even amid a five-year cycle.


S.24 Preparation and approval of Sectoral Mobility Investment Program and City Mobility Investment Program

In order to achieve the goalsof the Comprehensive Mobility Plan and to plan for financing the projectsproposed in the Comprehensive Mobility Plan, the Authority shall prepare theCity Mobility Investment Program comprising of the Sectoral Mobility InvestmentProgram of the relevant Urban Transport Agencies, Infrastructure DevelopmentAgencies and Traffic Management Agencies as specified in the regulations to beimplemented in the Urban Mobility Region as below:-

(a) The Sectoral Mobility Investment Program shall be aligned with the goals of the Comprehensive Mobility Plan;

(b) The Sectoral Mobility Investment Program shall be prepared in consultation with the Authority;

(c) The Sectoral Mobility Investment Programs shall be incorporated by the Authority with or without modification in the City Mobility Investment Program;

(d) The City Mobility Investment Program shall be for short to medium term planning horizon towards achieving the objects of Co

S.25 Preparation and approval of Annual Implementation Plan

(1)Based on the City Mobility Investment Program and respective Sectoral MobilityInvestment Programs, the Urban Transport Agencies, Infrastructure DevelopmentAgencies and Traffic Management Agencies shall prepare the AnnualImplementation Plan at the beginning of each year in the format as specified inthe regulations. The Annual Implementation Plan shall comprise of the followingcomponents, namely:-

(a) The list and spatial mapping of new projects and ongoing projects to be taken up in the current financial year along with completion schedule, in theorder of priority set forth in the City Mobility Investment Program;

(b) Yearly expenditure estimates and the sources of funding for each of the projects to be taken up in the current financial year; and

(c) List of additional projects proposed to be taken up and which were not part of the approved City Mobility Investment Program, along with the sources offunding and justification for inclusion of such pr

S.26 Revision of City Mobility Investment Program

The Authority shallreview and make necessary revisions to the City Mobility Investment Programonce a year, taking into consideration the newly approved projects under theAnnual Implementation Plans, delays in implementation of any project or anyother circumstances etc. Such revision undertaken shall be binding on the UrbanTransport Agencies, Infrastructure Development Agencies and TrafficManagement Agencies. The Authority shall submit the revised City MobilityInvestment Program to the State Government for information.


S.27 Works of Urgent Nature

(1) The Urban Transport Agencies,Infrastructure Development Agencies and Traffic Management Agencies may takeup works which are not part of City Mobility Investment Program or the AnnualImplementation Plan, only if such works are of urgent in nature. In such cases,they shall comply with the standards specified by the Authority in taking up suchworks and in case of any deviation from the standards, the justification for thesame shall be provided.

(2) Where the Urban Transport Agencies, Infrastructure Development Agenciesand Traffic Management Agencies takes up any work under sub-section (1), it shallintimate the same to the Authority before commencement of the work and shall file adetailed report with justification for taking up the work urgently and its compliance withthe standards specified by the Authority, within thirty days from the date of commencement of such work:

Provided that, if the justification for taking such work in urgency or deviating fromth

S.28 Traffic Management Plan

(1) The Authority shall prepare or causeto be prepared a Traffic Management Plan, at least once a year, with theTraffic Management Agencies, consisting of following components in accordancewith the regulations, if any, specified by the Authority, namely:-

(a) detailed traffic flow plan for the road networks within Urban MobilityRegion including restrictions on the flow or movement of certain types of vehicles like freight vehicles, vehicles of construction purpose etc., traffic calmingmeasures including partial or full closure of streets to motorized traffic orregulation of movement of vehicles during certain hours of the day, Trafficmanagement plans for special occasions, incident management plan, emergencyevacuation plans etc.;

(b) signal phase optimization plans to ensure seamless mobility of people including differently abled, senior citizens and children;

(c) corridor based and area-based traffic management plans for corridorsor areas indicated

S.29 Mode of executing contracts on behalf of the Authority

(1) Every contract shall, on behalf of the Authority, be made by the Chief Executive Officer or any other officer of the Authority as may be generally or specially empowered in this behalf by the Authority and such contractor class of contracts, as specified in the regulations shall be sealed with the common seal of the Authority:

Provided that, no contract exceeding such value or amount as the State Government may specify in this behalf shall be made, unless it has been previously approved by the State Government.

(2) Subject to the provisions of sub-section (1), the form and manner in which any contracts shall be made under this Act shall be as specified by regulations.

(3) No contract which is not in accordance with the provisions of this Act and rules and regulations made there-under shall be binding on the Authority.


S.30 Fund of the Authority

(1) The Authority shall establish a Bengaluru Metropolitan Land Transport Authority Fund for the purposes of implementation of provisions of the Act and shall comprise the following, namely:-

(a) Portion of funds from the Central Government allocations as under shall be deposited in the Fund Account:

(i) part of the proceeds accruing to the National Investment Fund and allocated for use, specifically in the development of urban mobility projects and such other proceeds from the Finance Commission of India, as received by the State Government and as decided by the State Government; and

(ii) part of any grant and fund received through allocations (including budgetary allocations) by the Central Government, as decided by the State Government.

(b) Part of any grant and fund received through allocations (including budgetary allocations) from the State Government;

(c) Revenue collected from the following sources shall be deposited in the Beng

S.31 Grants and loans by the Government and other entities

The Central Government or the State Government or other entities may make such grant, contribution, aid, assistance, advance and loan to the Authority as may be deemed necessary for the performance of its functions under this Act and all such grant, contribution, aid, assistance, advance and loan so made shall be on such terms and conditions, as may be determined by the Government or entity making the grant, contribution, aid, assistance, advance and loan.


S.32 Power of the Authority to lend

The Authority may make such grants, advances and loans to any agency engaged dealing in Urban Mobility, within the Urban Mobility Region as may be deemed necessary and all grants, loans and advances so made shall be on such terms and conditions, as may be determined by the Authority making grants, advances or loans.


S.33 Power of the Authority to raise finances and borrow

(1) Subject to previous sanction of the State Government and such other terms and conditions as may be specified, the Authority may, from time to time, raise finances or borrow money required for the purposes of this Act through loans or debentures or issuing bonds or any other financial instrument from sources other than the State Government and the Central Government.

(2) Loans borrowed and debentures issued under this section shall be guaranteed by the State Government as to the repayment of principal and the payment of interest at such rate as may be fixed by the State Government.

(3) The Authority shall be competent to mortgage or create charge by the way of security on any of its properties or assets for loan obtained under this section.


S.34 Sinking fund

(1) The Authority shall maintain a sinking fund for re-payment of amount borrowed by it and shall deposit into the sinking fund every year, such sum as may be sufficient for re-payment within the period fixed for the amount so borrowed.

(2) The sinking fund or part thereof shall be applied in or towards the discharge of the loan for which such fund was credited and until such loan is wholly discharged, it shall not be applied for any other purpose.


S.35 Budget of the Authority

(1) The Authority shall, by such date in each year, as may be prescribed, prepare and submit to the State Government for the next financial year, showing the estimated receipts and expenditure of the Authority during that financial year in such form as may be prescribed.

(2) The budget prepared by the Authority, in so far as it does not require any revenue contribution from the State Government, shall be final and shall be adopted by the Authority without the need for any prior approval of the State Government. However, the budget prepared by the Authority, to the extent that it requires any revenue contribution from the State Government, shall be subject to the final approval from the State Government and shall be subject to such change or terms and conditions as the State Government may propose in this regard.


S.36 Annual report

(1) The Authority shall prepare for every year, a report of its activities during the year and submit the report to the State Government, in such form, on or before such date as may be prescribed.

(2) The Authority shall, at the end of each financial year, submit an audited annual statement to the State Government including, but not limited to the following, namely:-

(i) Amount of debt or loan raised;

(ii) Details of the investment made during the year;

(iii) Mode of repayment of the debt or loan raised, including the amount that has been earmarked for the Sinking Fund;

(iv) Amount of securities that have been created or raised; and

(v) Any other matter specified by the State Government.

(3) The State Government shall lay the annual report with compliance before each House of the State Legislation.


S.37 Accounts and audit

(1) The Authority shall maintain proper books of accounts, annual statement of accounts and such other books as may be prescribed.

(2) The accounts of the Authority shall be subject to an annual audit by the Accountant General of the State and any expenditure incurred by the Accountant General in connection with such audit shall be payable by the Authority.

(3) The Accountant General or any person appointed by him in connection with the audit of accounts of the Authority shall have the same right, privilege, and authority in connection with such audit as the Accountant General has in connection with the audit of the Government accounts and in particular shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers.

(4) A copy of the audit report shall be submitted to the State Government, the Authority and any other relevant person or authority specified by the State Government.

(5) The Sta

S.38 Returns

The Authority shall furnish to the State Government such reports, returns and other information as the State Government may, from time to time require.


S.39 Penalty for failure to comply with rules, regulations, orders and directions of the Authority

If any person fails to comply with the rules, regulations, orders or directions of the Authority, the person shall be punishable with fine which may extend up to one lakh rupees and for a second or subsequent violation or non-compliance with fine which may extend up to two lakh rupees and in the case of continuing violation or non-compliance with additional fine which may extend up to five thousand rupees for every day during which the violation or noncompliance continues.


S.40 Failure by the State Government departments or agencies

(1) Where violation under this Act is committed by any department or agency of the State Government, the head of the department or agency shall deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that, nothing contained in this section shall render such head of the department or agency liable to any punishment, if the person proves that the offence was committed without the person’s knowledge or that the person exercised all due diligence to prevent such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a department or agency of the State Government and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any officer other than the head of the department or agency, such officer shall be deemed to be guilty of that offence and shall be liable to be

S.41 Offences by companies

(1) If the person committing a default or contravention under this Act is a company, every person, who, at the time such default or contravention occurred, was in-charge of and was responsible for the conduct of the business of the company, as well as the company, shall be deemed liable for the default or contravention and shall be liable to be proceeded against and punished accordingly:

Provided that, nothing contained in this sub-section shall render any such person liable to any punishment provided under this Act, if he proves that the default or contravention was committed without his knowledge or that he exercised all due diligence to prevent the commission of such default or contravention.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or it is attributable to any neglect on the part of any

S.42 Fines when realized to be vested with the Authority

The proceeds of all fines realized in connection with this Act shall vest in the Authority with a right to appropriate such realized fine, as may be prescribed.


S.43 Penalties not to affect other liabilities

The penalties imposed under this Act shall be in addition to and not in derogation of any liability in respect of payment of compensation, which the offender may have incurred, under any other provisions of any other Act.


S.44 Cognizance of offences

No court shall take cognizance of any offence punishable under this Act or rules or regulations made there-under, save on a complaint made by the State Government or the Authority.


S.45 Chapter to have effect in addition to other Acts

The provisions of this chapter shall be in addition to and not in derogation of the provisions in any other law, for the time being in force.


S.46 Delegation of powers

The Authority may, by notification in the official Gazette, declare that any power exercisable by it or any of its officers under this Act, except the power to make rules, under section 53 and power to make regulations under section 54, may also be exercised by such officer of the Authority as specified therein in such cases and subject to such conditions, if any, as may be specified therein.


S.47 Notice of suit against the Authority

(1) No suit or other proceedings shall be instituted against the Authority or any member or any employee of the Authority or against any person acting under the direction of the Authority, the member or officer of the Authority for anything done or purporting to have been done in pursuance of the Act or rules, regulations or bye-law made there under, without giving notice in writing to the Authority, before two months of the intended suit or other proceedings and of the cause thereof nor after six months from the accrual of the cause of such suit or other proceedings nor after tender of sufficient amends.

(2) A suit to obtain an urgent or immediate relief against the Authority or any member or any officer or employee of the Authority in respect of any act done or purporting to be done by such officer or servant in his official capacity may be instituted with the leave of the Court, without serving any notice as required by sub-section (1) but the Court shall not g

S.48 Restriction on execution

No execution or attachment process shall be issued against any Urban Mobility work or any property vested in the Authority.


S.49 Service of notice etc

Every notice or other document required by this Act or any rules or regulations made there-under shall be signed by the Chief Executive Officer with his common seal and shall be deemed to have been duly served upon the party or parties concerned if the service has been effected in any one of the following manners, namely:-

(i) by personal service;

(ii) by registered post;

(iii) by affixing it at the house or principal place of business of the party concerned as the case may be; and

(iv) by publication in widely circulating one prominent Kannada and English daily news-paper within the jurisdiction area of the Authority, in their two consecutive issues; or

(v) by electronic communication like e-mail:

Provided that, in case where the party to be served is a registered company, a partnership firm, a body corporate, a local authority, a society or other body, the notice shall be served upon the principal officer of the said firm or or

S.50 Public notice

Every public notice given under this Act shall be in writing under the signature of the Chief Executive Officer with his common seal and shall be caused to be widely known in the locality affected thereby, affixing copies at conspicuous public places within the said locality and by publishing the same in one prominent Kannada and English daily news paper, having circulation in the Urban Mobility Region, in their two consecutive issues. Such public notice shall also be published on the official website and social media of the Authority.


S.51 To fix reasonable time for notice, etc

Where any notice, order or other document issued or made under this Act or any rules or regulations made there-under requires anything to be done, for the doing of which no time has been fixed in this Act or the rules or regulations made thereunder, the notice, order or other document shall specify a time of not less than one week for doing the same.


S.52 Authentication

All permissions, orders, decisions, notices and other documents of the Authority shall be authenticated by the signature of the Chief Executive Officer or any other officer authorized by the Authority in this behalf.


S.53 Power to make rules

(1) The State Government may, after previous publication by notification in the official Gazette, make rules for the purpose of carrying in to effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely:-

(a) allowances payable to non-official members under section 7;

(b) prescribe the form of declaration of conflict of interest under section 9;

(c) the procedure to be followed for borrowing money by way of loans or debenture and their repayment under sub-section (1) of section 33;

(d) the form of the budget of the Authority and the manner of preparing the same under sub-section (1) of section 35;

(e) the form of the annual report and the date on or before which it shall be submitted to the State Government under sub-section (1) of section 36;

(f) the form of the balance-sheet and statement of acco

S.54 Power to make regulations and procedures

(1) The Authority may,by notification, make regulations, procedures and protocols for administration consistent with this Act and the rules made there-under with prior approval of the State Government, for enabling it to perform duties and functions under this Act and without prejudice to the generality of the foregoing power, as follows:-

(i) the procedure to be followed by the committees under sub- section (3) of section 13;

(ii) the manner of assisting the Authority by the executive committee in discharge its functions under section 15;

(iii) the procedure to be followed by the executive committee in discharging its duties under section 15;

(iv) the appointment of officers, employees and supporting staff under clause (b) of section 16;

(v) the manner, form and report submitted to the State Government regarding performance of urban mobility system under section 17;

(vi) the manner to undertake inquiry to grant or reject urban t

S.55 Removal of difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may by notification make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulties:

Provided that, no such notification shall be issued after the expiry of the two years from the date of commencement of this Act.

(2) If any notifications issued under sub-section (1), such notifications shall lay before each house of the State Legislature. 


S.56 Power of the State Government to issue directions

(1) Without prejudice to the provisions of this Act, the Authority shall, in exercise of its powers or discharge of its functions and duties under this Act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the State Government may give in writing, from time to time:

Provided that, the Authority shall, as far as possible, be given an opportunity to express its views before any direction is given.

(2) The decision of the State Government whether a question is on policy or not shall be final.

(3) The State Government may give any directions to the concerned urban transport agency for implementation of the regulatory measures as mentioned in clause (l) of sub-section (1) of section 14 and such urban transport agency shall be bound by such directions:

Provided that, the urban transport agency shall, as far as practicable, be given an opportunity to express its views before any

S.57 Protection of action taken in good faith

No suit, prosecution or other legal proceedings shall lie against the State Government or the Authority or any officer or any member or other employee, for anything, which is done or intended to be done under this Act or the rules or regulations made there-under, in good faith.


S.58 Recovery of penalty

Any penalty payable under this Act and rules and regulations made there-under and directions issued there-under, if not paid, shall be recovered as if it were an arrear of land revenue.


S.59 Restriction on power of local authority

Notwithstanding anything contained in any law for the time being in force, no rule, regulation or bye-law which is inconsistent with any provision of this Act or any rules or regulations made there-under, shall be applicable within the Urban Mobility Region notified under section 3.


S.60 Effect of other Laws

(1) The provisions of this Act and the rules and regulations made there-under shall have effect, notwithstanding anything in consistent therewith, contained in any other law.

(2) Notwithstanding anything to the contrary contained in any other law, development plan or master plan of the area, any development in accordance with the provisions of this Act or rules and regulations made there-under, shall not be illegal or unauthorised, in absence of any permission, approval or sanction required under such other law, for such development, has not been obtained.


S.61 Power to amend the Schedule

(1) The State Government may by notification add, amend or omit any of the entries in the Schedule.

(2) Every notification issued under sub-section (1) shall be laid before both Houses of the State Legislature.


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