National Mass Transit Authority Ordinance 1996

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ORDINANCE CII OF 1996.

NATIONAL MASS TRANSIT AUTHORITY ORDINANCE, 1996

An Ordinance to establish a National Mass Transit Authority

[Gazette of Pakistan, Extraordinary, Part I, 2nd November, 1996]

No.F.2(1)/96‑Pub, dated 2‑11‑1996.‑‑The following Ordinance made by the President is hereby published for general information:‑‑

Whereas it is expedient to establish a national mass transit authority for planning, development, operation and maintenance of national mass transit way and to provide for matters connected therewith or incidental thereto;

And whereas the National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;

Now, therefore, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:‑‑

**1. Short title, extent and commencement.‑‑(1)**This Ordinance maybe he National Mass Transit Authority Ordinance, 1996.

(1) It extends to the whole of Pakistan.

(2) It shall come into force at once.

2. Definitions.‑Inthis Ordinance, unless there is anything repugnant in the subject or context‑‑

(a) "Authority" means the National Mass Transit Authority established under section 3;

(b) "Board" means the Executive Bard of the Authority;

(c) "Chairman" means the Chairman of Authority:

(d) "Council" means the National Mass Transit Council;

(e) "Member" means the Member of the Board;

(f) "National Mass Transit-way" means a light, heavy or suburban railway system, highway, bus-way or a strategic road declared by the Federal Government, by a notification in the official Gazette, to be a national mass transit-way;

(g) "prescribed" means prescribed by rules made under this Ordinance;

(h) "regulations" means regulations made under this Ordinance.

(i) "Right of way" means the land already reserved for a road, railway or transitway or the land acquired, or to be acquired, for the purpose ' of construction of a transitway or any other road or railway or any mass transit scheme of the Authority;

(j) "road" means a road including land within the right of way and all works such as, carriage ways, cart‑ways, foot‑paths, berms, side‑drains, culverts, bridges, tunnels, fences, posts, sign boards, plantation and lighting arrangements, intersections and medians assigned to the Authority;

(k) "rules" means rules made under this Ordinance;

(1) "strategic transitway" means any transitway declared by the Federal Government, by notification in the official Gazette, to be strategic transitway for development of a mass transit system by the Authority; and

(m) "transitway" includes any part or whole of the right of way, a road or railway track or land which is to be used for development of any system of mass transit of the Authority.

  1. **Establishment of National Mass Transit Authority.‑‑(1)**As soon as may be, after the commencement of this Ordinance, there shall be established for carrying out the purposes of this Ordinance an authority to be known as the National Mass Transit Authority.

(2) The Authority shall be a body corporate having perpetual succession and common seal with power to acquire, hold and dispose of property, and may by its name sue and be sued.

(3) The headquarters of the Authority shall be at Islamabad and it may establish its regional offices in capital cities of the Provinces where the national mass transitway are set up.

  1. Purpose and objects of Authority.‑‑Thepurpose and objects of the Authority shall be to formulate and implement policies and to plan, promote, organize and implement programmes for construction, development operation, repairs and maintenance of national mass transitway, light and heavy rail system and strategic transitways, roads and tracks, including other allied works specially entrusted to it by the Federal Government.

  2. **Management.‑‑(1)**The general direction and administration of the Authority and its affairs shall vest in an Executive Board which may exercise all powers, perform all functions and do all acts and things which may be exercised, performed or done by the Authority.

(2) The Board shall consist of‑‑

(a) The Chairman, to be appointed by the Council.

(b) Secretary, Ministry of Communications. Member.

(c) Secretary, Ministry of Railways Member

(d) Secretary, Ministry of Finance. Member.

(e) Secretary, Planning & Development Division. Member.

(f) Chief Secretary, Government of Sindh. Member.

(g) Chief Secretary, Government of Punjab. Member.

(h) Two to three professionals in the

field of construction, management

and operations of mass transit schemes. Members.

(3) The meeting of the Board shall be held at such time and place and in such manner as may be prescribed:

Provided that, until rules are made in this behalf, the meetings shall be held as and when convened by the Chairman.

(4) The Chairman or, in his absence, a member authorized by him in this behalf shall preside over the meetings of the Board.

(5) Three members shall constitute a quorum for a meeting of the Board.

  1. Functions of Board.‑‑‑Functions of the Board shall be‑‑---

(a) to consider and approve proposals, schemes and projects involving less than sixty million rupees and to consider and recommend to the Council proposals, schemes and projects involving sixty million rupees or more;

(b) to consider progress reports of the Authority; and

(c) to perform such other functions as may be assigned to it by the Council;

  1. **Chairman, his duties, functions and powers.‑‑‑(1)**The Chairman shall be the Chief Executive of the Authority and shall exercise such powers and perform such functions as may be specified by the Council.

(2) The Chairman shall receive such salary and allowances and be subject to such conditions of. service as may be determined by the Council.

  1. Powers of the Authority.‑‑‑(I) The Authority may take such measures and exercise such powers as it considers necessary or expedient for carrying out the purposes of this Ordinance.

(2) Without prejudice to the generality of the foregoing powers referred to in subsection (1), the Authority may‑‑

(i) advise the Federal Government on matters relating to national mass transit schemes and strategic transitway;

(ii) acquire and dispose of any movable and immovable property or interests therein;

(iii) undertake any work specified in subsections (1) and (2) of section 11 and incur expenditure thereon;

(iv) procure plant, machinery, instruments and materials required for its use;

(v) enter into and perform all such contracts as it may consider necessary;

(vi) levy, collect or cause to be collected from tolls on transitway and strategic transitway and such other roads, bridges or railway as may be entrusted;

(vii) licence facilities and air rights on transitway, rights of way of roads or railways under its control on such terms as it deems fit;

(viii) determine a building line between which and the right of way of a transitway it shall not be lawful without the consent of the Authority to construct or maintain a structure or make any excavation;

(ix) cause studies, surveys, experiments and technical researches to be made or contribute towards the cost of any such studies, surveys, experiments or technical researches made by any agency;

(x) exercise power to award negotiated contracts for projects to be undertaken through private sector financing programme, including build -operate‑transfer, build‑own‑operate, schemes or any similar private public partnership schemes or execute such projects in collaboration with any public or private agency;

(xi) seek advice and assistance for the preparation and execution of any plan, programme or projects;

(xii) re‑locate, raise, re‑route, change the grade of, or alter the construction of, any street highway, road, rail road, electric lines and facilities, telegraph and telephone properties and facilities, conduits and other properties, whether publicly or privately owned, which may be necessary or useful in the construction, reconstruction, repair, maintenance and operation of the mass transit system;

(xiii) enter into agreements with any other public utility, private utility, communication system, common carrier or transportation system for the joint use of their respective facilities, installation and properties within the territorial jurisdiction of the Authority and to establish through routes, joint fares or transfer of passengers;

(xiv) evaluate real estate potentials and to undertake a variety of financing techniques including but not limited to joint development through private and other investment on the land and build‑up facilities in the ownership of the Authority.

(xv) raise funds, with the approval of the Federal Government, through borrowing, floating of bonds, sharing or leasing of its assets;

(xvi) carry out any other work assigned to it by the Provincial Government in consonance with the purposes of the Authority.

(xvii) regulate, determine and administer all matters concerning the Authority and do all such acts and things which may be necessary for that purpose; and

(xviii) perform any other function, supplemental, incidental or consequential to the aforesaid purposes and functions.

  1. **Plans and schemes.‑‑‑(1)**The Authority shall, in concurrence with the concerned Provincial Government, prepare a master plan for the development, construction, operation and maintenance or appropriate mass transit based on bus or rail service for major cities in Pakistan for the approval of the Council.

(2) The Authority may frame a scheme or schemes for all or any of the following matters, namely:‑‑

(a) construction, expansion, operation and development of mass transit Systems

(b) research and development in the field of mass transit schemes;

(c) training of employees of the Authority;

(d) welfare of employees of the Authority;

(e) any other matter pertaining to the purposes and functions of the Authority or incidental thereto; and

(f) general awareness of the public;

  1. Power to eject unauthorized occupants.‑‑TheAuthority shall, subject to rules made under this Ordinance, have the power to summarily eject an unauthorized occupant of a transitway, strategic transitway, rail track or road or a proposed site under the Authority and demolish and remove any structure thereon, and to use such force, including police force, as may be necessary for the purpose and to recover the cost thereof from the person responsible for such occupation or obstruction.

ORDINANCE CII OF 1996.

  1. **Appointment of officers, servants, etc.‑‑(1)**The Authority may, from time to time, employ such officers and servants, or appoint, such experts or consultants as it may consider necessary for the performance of its functions, on such terms and conditions as it may deem fit.

(2) Notwithstanding anything contained in subsection (1), any rules made or orders or instructions issued, by the Authority, or in the terms and condition:, of service of any person employed by or serving under the Authority, the Authority may, at any time, terminate the services of any person, after giving him not less than sixty days' notice or pay for the period by which such notice falls short of sixty days.

(3) Service under the Authority is hereby declared to be service of Pakistan and every person holding a post under the Authority, not being a person who is on deputation to the Authority from any Province, shall be deemed to be a civil servant for the purposes of the Service Tribunals Act, 1973 (LXX of 1973).

  1. Recruitment and condition of service.‑‑‑TheAuthority shall, with the approval of the Council, prescribe the procedure for appointment and terms and conditions of service of its officers and servants.

  2. Chairman, etc. to be deemed to be public servants.‑‑‑TheChairman, "hers, officers and servants of the Authority shall, when acting or purporting to act in pursuance of any of the provisions of this Ordinance, be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).

  3. Delegation of powers of Chairman, etc.‑‑‑The Authority may, by general or special order, delegate to the Chairman, a member or officer of the Authority all or any or its powers or functions under this Ordinance, subject to such conditions as it may think fit to impose.

  4. Industrial Relations Ordinance, 1969 (XXIIIof 1969).‑‑‑Nothing contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), shall apply to, or in relation to, the Authority.

  5. Authority to be local authority.‑‑‑The Authority shall be deemed to be a local authority for the purpose of borrowing money under the Local Authorities Loans Act, 1914 (IX of 1914).

  6. Submission of yearly reports and returns, etc.‑‑‑(1) The Authority shall, as soon as may be possible, after the end of every financial year but before the last day of September next following, submit to the Federal Government a report on the conduct of its affairs for that year.

(2) A copy of the report referred to in subsection (1) together with a copy of the audit report shall be placed by the Federal Government before the National Assembly and the' National Assembly shall forward to its Committee on Public Accounts for scrutiny and examination.

(3) The National Assembly Committee on Public Accounts shall scrutinize and examine the reports referred to it under subsection (2) in the same manner and, shall in respect thereof, perform the same functions and exercise the same powers as are required by it to be performed and exercised in respect of appropriation accounts of the Federal Government and the report of the Auditor -General of Pakistan thereon.

(4) The Federal Government may require the Authority to furnish it with‑‑

(a) any return, statement, estimate, statistics or other information regarding any matter under the control of the Authority; or

(b) a report on any such matter; or

(c) a copy of any documents in the charge of the Authority, and the Authority shall comply with every such requisition.

  1. **National Mass Transit Authority Fund.‑‑(1)**There shall be formed a non‑lapseable fund vesting in the Authority to be known as the "National Mass Transit Authority Fund" for the purpose of meeting charges in connection with the function of the Authority under this Ordinance, including the payment of salaries and other remuneration to the Chairman, members, officers, servants, experts anti consultants of the Authority.

(2) The National Mass Transit Authority Fund shall be kept in Scheduled banks and shall be operated according to rules and regulations of the Authority.

(3) There shall be placed to the credit of the National Mass Transit Authority Fund, all funds received by the Authority from which the Authority can incur expenditure related to its functions, including‑‑

(i) loans obtained from the Federal Government;

(ii) other loans obtained by the Authority;

(iii) grants made by the Federal Government;

(iv) income from tariffs, fares and tolls;

(v) funds provided by the Federal Government;

(vi) foreign aid, grants and loans negotiated and raised by the Authority;

(vii) all other sums received by the Authority, such as fees, damages, costs, refunds, forfeitures, sale proceeds, lease money, rental and fines;

(viii) income from the sale of assets, land or vehicles; and

(ix) funds from floating bonds, shares, debentures, commercial papers, modarabas or other securities issued by the Authority or through any other means;

  1. Audit.‑‑‑(1) The accounts of the Authority shall be audited every year by the Auditor‑General of Pakistan in such manner as may be prescribed.

(2) Copies of the audit report shall be sent to the Authority and, with the comments of the Authority, to the Federal Government and shall also be available for public inspection.

(3) The Authority shall carry out any directive issued by the Federal Government for rectification of an audit objection.

  1. Recovery of arrears due as arrears of land revenues.‑‑‑Any sum due to the Authority shall be recoverable as an arrear of land revenue.

  2. Land acquisition. ‑‑‑The acquisition of any land or any interest in land for the Authority or for any project under this Ordinance shall be deemed to be acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894 (1 of 1894), and the provisions of the said Act shall apply accordingly.

  3. Transfer of rights and liabilities.‑‑‑(1) As from the commencement of this Ordinance and after approval of the master plan of the national mass transitway, right of way of roads and railways along the strategic transitway and the right of way of the Karachi Circular Railway belonging to Pakistan Railways and any other agency of the Federal Government and any other road or right of way belonging to the Provincial Government or a local authority with its consent, in the metropolitan cities shall stand transferred to the Authority.

(2) All contracts made by the agencies referred to in subsection (1) shall be deemed to be contracts made by the Authority.

  1. **Authentication of orders and other instruments of the Authority.‑‑**All orders, decisions and other instruments of the Authority shall be authenticated by the signature of the Chairman or any other member or any officer of the Authority authorized by it in this behalf.

  2. Power to enter.‑‑‑Subject to the regulations made in this behalf, any person generally or specially authorized by the Authority in this behalf may, whenever it is necessary so to do for any of the purposes of this Ordinance and at all reasonable times, enter upon any land or premises, and

(i) make any inspection survey, measurement, valuation or enquiry,

(ii) take levels;

(iii) dig or bore into sub‑soil;

(iv) set out boundaries and intended lines of work;

(v) mark such levels, boundaries and lines by placing marks and cutting trenches; and

(vi) do such other act or things as may be prescribed:

Provided that no such person shall enter any boundary or any enclosed Court or garden attached to a dwelling‑house except with the consent of the occupier thereof for which at least twenty‑four hours' notice in writing of his intention to do so has been given to the occupier.

  1. Indemnity.‑‑‑No suit, prosecution or other legal proceedings shall lie against the Authority, the Chairman or any member of the Board, officer, servant, or consultant of the Authority in respect of any damage caused or likely to be caused or anything done or intended to be done in good faith under this Ordinance or the rules or regulations made thereunder.

  2. Rules.‑‑‑The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

  3. Regulations. ‑‑‑The Authority may, with the prior approval of the Federal Government, make regulations, not inconsistent with the rules, to carry i , the purposes of this Ordinance.

  4. Removal of difficulties. ‑‑‑If any difficulty in giving effect to any of provision of this Ordinance, the Federal Government may make such order, 11 inconsistent with the provisions of this Ordinance, as may appear to it to be necessary for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiry of one year from the commencement of this Ordinance.

  1. Repeal.‑‑The National Mass Transit Authority Ordinance, 1996 LXVIII of 1996) is hereby repealed.

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