GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA  ACT  No.  XXXI  OF  1997.

THE  MAHARASHTRA  TRUCK  TERMINAL
(REGULATION  OF  LOCATION)  ACT,  1995.

(As  modified  upto  the  16th  August,  2013)

*

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1997 : Mah. XXXI]

(i)

THE MAHARASHTRA TRUCK TERMINAL (REGULATION OF
LOCATION) ACT, 1995.

PREAMBLE.
SECTIONS.

CONTENTS

CHAPTER I
PRELIMINARY

Short  title,  extent,  commencement  and  application.

1.
2. Definitions.

CHAPTER II

DECLARATION OF CONTROL AREA AND ESTABLISHMENT OF TRUCK TERMINAL
AUTHORITY.

3. Declaration  of  control  area.

4. Establishment  of  Truck  Terminal  Authority.

5. Declaration  of  area  of  Truck  Terminal.

6.

7.

8.

Prohibition  on  person  in  engaging  himself  or  as  agent  for  transport  or
for  loading  and  unloading  goods  in  any  place  other  than Truck  Terminal.

Provisions  of  section  6  not  to  apply  to  certain  transport  vehicles.

Permission  for  use  of  premises,  etc.  in  Truck  Terminal.

CHAPTER III

CONSTITUTION OF TRUCK TERMINAL AUTHORITY.

9. Constitution  of  Authority.

10. Term of Office.

11. Conditions  of  service  of  Chief  Executive  Officer  and  non-official  members.

12. Resignation  of  non-official  members.

13. Temporary absence of members.

14. Disqualification  of  members.

15. Removal of members.

16.

17.

Filling  of  vacancies.

Proceedings  presumed  to  be  good  and  valid.

18. Meeting  of  Authority.

19. Temporary  association  of  persons  with  Authority  for  particular  purpose.

20. Constitution  of  Committees.

H  5-1

(ii)

Maharashtra  Truck  Terminal  (Regulation [1997 : Mah. XXXI

of  Location)  Act,  1995

CHAPTER IV

ORGANISATION OF THE AUTHORITY AND OFFICERS AND SERVANTS OF THE
AUTHORITY.

21. Authorities  charged  with  execution  of  this  Act.

22.

23.

Superintendence  and  control.

Powers  and  duties  of  Chief  Executive  Officer.

24. Appointment  of  officers  and  servants.

25. Conditions of service  of officers  and  servants to  be regulated by regulations.

26.

Provident  Fund.

27. Expenses  of  Authority.

CHAPTER V

POWERS AND DUTIES OF THE AUTHORITY.

Powers  and  duties  of  Authority.

Powers  of  Authority  to  levy  fees.

Power  of  Authority  to  give  grants,  share  expenses,  etc.

CHAPTER VI

BUDGET, FINANCE, ACCOUNTS AND AUDIT, ETC.

Submission  of  budget  to  Authority.

Section  of  budget  estimates.

Submission  of  approved  budget  estimates  to  State  Government.

Supplementary  budget.

28.

29.

30.

31.

32.

33.

34.

35. Application  of  the  assets  of  Authority.

36. Truck  Terminal  Fund.

37.

Power  of  Authority  to  borrow.

38. Deposits.

39. Accounts  and  Audit.

40. Concurrent  and  Special  Audit  of  Accounts.

CHAPTER VII

ACQUISITION of LAND.

41.

Power  to  acquire  land  for  the  purposes  of  this  Act.

42. Vesting  in  Truck  Terminal  Authority  lands  etc.  transferred  by    the  Bombay

Metropolitan    Region    Development  Authority    or    any    other    statutory
Corporation.

43. Transfer  of  Government  lands  to  Authority.

44.

Power  of  Authority  to  dispose  of  land,  etc.

`

1997 : Mah. XXXI] Maharashtra  Truck  Terminal  (Regulation

(iii)

of  Location)  Act,  1995

CHAPTER VIII
OFFENCES AND PENALTIES.

45. Offences  and  Penalties.

46. Offences  by  companies.

47. Cognizance  and  trial  of  offences.

48. Magistrate’s  power  to  impose  enhanced  penalties.

49. Compounding  of  offences.

CHAPTER IX

MISCELLANEOUS.

50.

Inspection,  enquiry,  submission  of  statements,  etc.

51. Duty of officer, servant or member to furnish information to authorised officer.

52.

Seizure  of  account  books  and  other  documents,  etc.

53. Control  of  State  Government.

54. Annual  Report.

55. Chairman, Chief Executive Officer, Members and other officers and servants of

Authority  to  be  public  servants.

56.

Protection  of  action  taken  in  good  faith.

57. Recovery  of  sums  due  to  Authority.

58. Non-applicability  of  Rent  Control  Acts  to  Authority  lands,  building  etc.

59.

60.

Power  to make  rules.

Power  to  make  regulations.

61. Removal  of  difficulties.

1997 : Mah. XXXI]

1

MAHARASHTRA ACT No. XXXI OF 19971
[THE MAHARASHTRA TRUCK TERMINAL (REGULATION OF LOCATION) ACT, 1995]

(This Act received the assent of the President on the 3rd April 1997; assent was first
published in the Maharashtra Government Gazette, Part IV, Extraordinary, on the 12th
May  1997.)

Amended  by  Mah.  41  of  1997  (12th  May  1997)†

An Act to regulate the movement of goods carriages and transport vehicles in respect
of  loading  and  unloading  of  goods  in  urban  areas,  to  regulate  the  location  of  the
offices  and  godowns  of  transport  companies,  booking  agents  and  others  engaged
in the business of collecting, forwarding or distribution of goods carried by goods
carriages  or  transport  vehicles,  to  establish  Truck  Terminal  Authority  to  manage
and  control  the  truck  terminal  and  to  provide  for  matters  connected  therewith  or
supplemental  or  incidental  thereto.

WHEREAS,  with  the  fast  growth  of  population  and  commercial  activities,  the
congestion and traffic problems in urban areas and particularly in the Bombay Metropolitan
Region  have  increased  enormously  :

AND  WHEREAS,  with  a  view  to  relieving  some  of  the  congestion  in  traffic,  steps
have  been  taken  under  the  Maharashtra  Agricultural  Produce  Marketing  (Regulation)
Act,  1963  to  shift  wholesale  markets  for  some  of  the  agricultural  produce  like  onions,
potatoes,  dry  fruits  condiments  and  spieces  etc.,  sugar,  gur,  ghee,  wheat-flour  and
coconut outside Bombay, and under the provisions of the Bombay Metropolitan Region
Specified  Commodities  Markets  (Regulation  of  Location)  Act,  1983  to  regulate  in
Greater  Bombay  and  location  of  market  areas  and  wholesale  markets  in  respect  of
textiles,  and  iron  and  steel  ;

AND WHEREAS, it is further expedient to enact a law immediately to accelerate the
process  of  decongestion  by  regulating  the  movement  of  goods  carriages  and  transport
vehicles in  respect of loading  and unloading of  goods at  the specified areas  to regulate
the  location  of  the  offices  and  godowns  of  transport  companies,  booking  agents  and
others engaged in the business of collecting, forwarding or distribution of goods carried
by  goods  carriages  and  transport  vehicles,  to  establish  Truck  Terminal  Authority  to
manage  and  control  such  areas  and  to  provide  for  matters  connected  therewith  or
supplemental  or  incidental  thereto;  It  is  hereby  enacted  in  the  Forty-sixth  Year  of  the
Republic  of  India  as  follows  :—

CHAPTER I
PRELIMINARY

Mah.
XX  of
1964.

Mah.
XLII
o f
1983.

1. (1) This Act may be called the Maharashtra Truck Terminal (Regulation of Location)

Act,  1995.

(2)  It  extends  to  the  whole  of  the  State  of  Maharashtra.
(3) It shall come into force in the Bombay Metropolitan Region at once. It shall come
into force in any other area on such date as the State Government may, by Notification
in the Official Gazette, appoint, and different dates may be appointed for different areas.
(4) The provisions  of this Act shall  apply to control area  or part thereof on  the date
appointed in the Notification under sub-section (1) of section 3; and different dates may
be  appointed  for  different  control  areas  or  different  parts  of  a  control  area.

Short  title,
extent,
commen-
cement  and
application.

1 For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government  Gazette, 1995.
†  This  indicates  the  date  of  commencement  of  the  Act.

2

Maharashtra  Truck  Terminal  (Regulation [1997 : Mah. XXXI

of  Location)  Act,  1995

Definitions.

2.  In  this  Act,  unless  the  context  otherwise  requires,  —
(a) “appointed  day”  means  the    day    on  which  the  provisions  of  this  Act  apply  to

any  control  area  or  part  thereof;

(b) “Authority” or “Truck Terminal Authority” means the Truck Terminal Authority

established  under  section  4  ;

(c)  “  Bombay  Metropolitan  Region”  means  the  area  specified  in  Schedule  I  to  the

*Bombay  Metropolitan  Region    Development  Authority  Act,  1974;

(d) “Chairman”  means  the  Chairman  of  the  Authority;
(e) “Chief  Executive Officer” means the   Chief Executive Officer of the Authority;
(f)  “Control  area”  means  an  area  declared  as  control  area  under  section  3;
(g) “Member” means a member of the Authority and include the  Chairman and Chief

Mah.
IV  of
1975.

Executive  Officer  ;

(h)  “Metropolitan  Commissioner”  means  the  Metropolitan  Commissioner  of  the

Bombay  Metropolitan  Region  Development  Authority;

(i)  “Regulation”  means  the  regulation  made  under  this  Act;
(j)  “Rules”  means  the  rules  made  under  this  Act;
(k) “Terminal”  or  “Truck  Terminal”  means  the  area  declared  as  the  Truck  Terminal

under  section  5  ;

(l)  “Truck  Terminal  Fund”  means  the  fund  constituted  under  section  36  ;
(m)  Words  and  expressions  used  in  this  Act,  and  not  defined  herein,  shall  have  the

meanings  assigned  to  them  in  the  Motor  Vehicles  Act,  1988.

59  of
1988.

Declaration
of  control
area.

Establish-
ment  of
Truck
Terminal
Authority.

CHAPTER II
DECLARATION OF CONTROL AREA AND ESTABLISHMENT OF TRUCK TERMINAL AUTHORITY

3. (1) The State Government may, by notification in the Official Gazette, declare any
area  to  be  the  control  area,  and  may,  by  the  same  notification  or  by  any  other  like
notification, from time to time, appoint the date on which the provisions of this Act shall
apply  to  such  area  or  part  thereof.

(2) Before issuing any notification under sub-section (1), for declaring any area to be
the  control  area,  the  State  Government  shall  publish  or  cause  to  be  published  in  the
Official  Gazette and  in  at  least  two  newspapers  having  circulation  in  the  proposed
control  area,  a  public  notice  of  its  intention  to  issue  such  notification  in  respect  of  an
area described  in such notice;  and inviting objections  or suggestions, in  writing, within
a  period  of  not  less  than  thirty  days  from  the  date  of  publication  of  such  public  notice
in  the Official  Gazette. Any  objections  or  suggestions  which  may  be  received  in  time
shall  be  taken  into  consideration  by  the  State  Government.

(3)  A  plan  showing  the  boundaries  of  the  control  area  shall  be  made  available  for
inspection  at  such  place  as  may  be  specified  in  the  notification  under  sub-section  (2).
4. (1) As soon as possible, after any area is declared to be the control area under sub-
section (1) of  section  3,  the  State  Government  shall,  by  notification  in  the Official
Gazette, establish a Truck Terminal Authority for one or more control areas, or different
Truck  Terminal  Authorities  for  different  control  areas.

(2) Every Truck Terminal Authority shall be a body corporate with perpetual succes-
sion  and  a  common  seal,  and  may  sue  and  be  sued  in  its  corporate  name,  and  shall  be
competent to acquire, hold and dispose of property, both moveable and immovable, and
to  contract  and  do  all  things  necessary  for  the  purposes  of  this  Act.

(3) Notwithstanding anything contained in any law for the time being in force, every

Truck  Terminal  Authority  shall  for  all  purposes,  be  deemed  to  be  a  local  authority.

* The  short  title  of  this  Act  was  amended  as  “the  Mumbai  Metropolitan  Development  Authority

Act,  1974”  by  Mah.  25  of  1996,  Sch.

1997 : Mah. XXXI] Maharashtra  Truck  Terminal  (Regulation

3

of  Location)  Act,  1995

5. The Truck Terminal Authority shall, after obtaining previous approval of the State
Government  or  of  such  other  authority  as  the  State  Government  may,  by  general  or
special  order, specify  in  this behalf,  declare, by  notification  in the Official  Gazette, the
area or areas including the premises and precincts thereof to be the Truck Terminal for
one or more control areas, which shall be used by a holder of a permit of a goods carriage
or  agent  or  any  other  person  for  arrival  or  departure  of  goods  carriages  or  transport
vehicles or for carrying on business of collecting, forwarding, distributing or transporting
goods  for  the  purpose  of  loading  or  unloading  such  goods  into  or  from  such  goods
carriages  or  transport  vehicles.

59  of
1988.

6. Notwithstanding anything contained in the Motor Vehicles Act, 1988 or any other

law  for  the  time  being  in  force,  on  and  from  the  appointed  day—

Mah.
XXXI
o f
1997.

(1) no person shall engage within the control area by himself or as agent or otherwise
in  the  business  of  collecting,  forwarding  or  distributing  goods  carried  or  to  be  carried
by  a  goods  carriage  or  transport  vehicle,  except  at  the  Truck  Terminal.

(2)  where any  goods carriage  or  transport vehicle  in  any region,  transports goods  in
any control area or part thereof to which this Act applies, the permit granted in respect
of such goods carriage or transport vehicle for one region or countersigned for any other
region  shall  be  deemed  to  contain  the  following  condition,  namely  :—

“No person or holder of a permit or his agent shall load or unload goods in or from
a goods carriage or transport vehicle at any place in a control area or part thereof to
which  the  Maharashtra  Truck  Terminal  (Regulation  of  Location)  Act,  1995,  applies
except  at  the  Truck  Terminal.”

7.        Nothing  contained  in  section  6  shall  apply  to,—

(a) a  person  loading  or  unloading  goods  wholly  and  exclusively  for  one  person  and

at  any  one  place  in  the  control  area  ;

(b) a  person  loading  goods  at  any  one  place  in  the  control  area;  and  unloading  the

same  goods  at  any  other  place  in  the  control  area  ;

(c) the goods carriages or transport vehicles exclusively transporting goods of any,—

(i) consul de carriers, whether called a consul-general, consul, vice-consul, consular
agent, pro-consul or by any other name, of a Foreign State 1[when such transport of
goods is by themselves or for their own official use and such exemption is available
on  the  reciprocal  basis  in  the  respective  nation  to  which  they  belong;];

(ii) departments or offices of the State or Central Government or of any companies

or  undertakings  set  up  by  the  State  or  Central  Government  ;

2[(iii)  statutory  corporations  or  a  local    authority  established  under  any  State  or

Central  Act.]

Declaration
of  area  of
Truck
Terminal.

Prohibition
on  person  in
engaging
himself  or  as
agent  for
transport  or
for  loading
and
unloading
goods  in  any
place  other
than  Truck
Terminal.

Provisions  of
section  6  not
to  apply  to
certain
transport
vehicles.

8. The Truck Terminal Authority shall, upon an application made by any person who
is  engaged  by  himself  or  as  an  agent  in  the  business  of  collecting,  forwarding  or
distributing  goods  carried  by  goods  carriages,  in  accordance  with  the  provisions  of
section 93 of the Motor Vehicles Act, 1988, permit such person or agent to use premises,
facilities  and  services  in  the  Truck  Terminal  in  such  manner  and  upon  such  terms  and
conditions  as  may  be  prescribed  by  regulations.

59  of
1988.

Permission
for  use  of
premises,  etc.
in  Truck
Terminal.

1 This  portion  was  added  by  Mah.  41  of  1997,  s. 2(a).
2 This  paragraph  was  substituted  for  the  original,

ibid., s.  2(b).

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Maharashtra  Truck  Terminal  (Regulation [1997 : Mah. XXXI

of  Location)  Act,  1995

CHAPTER III

CONSTITUTION OF TRUCK TERMINAL AUTHORITY

Constitution
of  Authority.

9. (1) The Authority shall consist of a Chairman, a Chief Executive Officer and seven

other  members—all  appointed  by  the  State  Government.

(2) The Metropolitan Commissioner shall be the ex-officio Chairman of the Authority
in  the  Bombay  Metropolitan  Region.  If  similar  authorities  are  established  outside  the
Bombay  Metropolitan  Region,  the  concerned    Divisional    Commissioner    shall  be  the
ex-officio Chairman.  The  State  Government  shall  appoint  a  full-time  Chief  Executive
Officer. The Chief Executive Officer shall be a person who, in the opinion of the State
Government,  has  administrative  and  management  experience  necessary  for  conducting
and  managing  the  affairs  of  the  Authority  under  this  Act.  The  following  shall  be  the
other  seven  members,  namely,—

(a) four official members who, in the opinion of the State Government, have special
knowledge  of,  or  practical  experience  in,  municipal  or  public  administration,  town  and
country  planning,  public  transport,  traffic  control  or  finance;

(b) three  non-official  members  of  whom  one  shall  be  a  representative  of  the  person
engaged  in  the  business  of  collecting,  forwarding  and  distributing  goods  carried  by
goods  carriages  having  offices  in  the  control  area.

(3) The  names  of  the  Chairman,  Chief  Executive  Officer  and  the  designations  or  as
the case may be, names of other members appointed under this section shall be published
in the Official Gazette, and upon such publication, the Authority shall be deemed to be
duly  constituted.

Term  of
office.

10. (1) The term of office of every non-official members shall subject, to the provisions
of  this  Act  and  unless  terminated  earlier  by  the  State  Government  for  any  reason
whatsoever, ordinarily be for three years from the date of publication of his appointment
in  the Official  Gazette.

(2) Where a person becomes or is appointed as a member of the Authority by virtue
of holding any office of being a member of the Parliament, State Legislature, any local
authority, association or body, whether incorporated or not he shall cease to be a member
of the Authority as soon as he ceases to be the holder of that office or ceases to be such
member,  as  the  case  may  be.

Conditions
of  service  of
Chief
Executive
Officer  and
non-official
members.

11. (1) The  remuneration  and  other  conditions  of  service  of  the  Chief  Executive
Officer shall be such as the State Government may, by order, from time to time, determine.

  (2) Every  non-official  member  shall  receive  such  allowances  for  the  purpose  of
meeting personal expenditure incurred in attending the meetings of the Authority or for
attending to any other business of the Authority as such member, as the State Government
may,  by  order,  from  time  to  time,  determine.

(3) The remuneration of  the Chief Executive Officer  and the allowances to  the non-

official  members  shall  be  paid  from  the  Truck  Terminal  Fund.

1997 : Mah. XXXI] Maharashtra  Truck  Terminal  (Regulation

5

of  Location)  Act,  1995

(4) Notwithstanding  anything  contained  in  this  Act,  if  a  member  of  Parliament  or
State  Legislature  is  appointed  as  a  member  of  the  Authority,  the  remuneration  and
allowances  payable  to  him,—

10  of
1959.

Bom.
LII  of
1956.

(a)  if  he  is  member  of  the  Parliament,  shall    not    exceed    the    compensatory
allowances  as  defined  in  the  Parliament  (Prevention  of  Disqualification)  Act,  1959;

(b)  if  he  is  member  of  the  State  Legislature,  shall  not  exceed  the  compensatory
allowances permissible to him under entry 11 of the Maharashtra Legislature Members

(Removal  of  Disqualifications)  Act.

12. Any non-official member may, at any time, resign his office by writing under his
hand addressed to the State Government, and upon the acceptance thereof, the office of
the  member  shall  become  vacant.

13.  If  any  member  is  by  infirmity  or  otherwise  rendered  temporarily  incapable  of
carrying  out  his  duties  as  a  member  or  is  absent  on  leave  or  otherwise,  not  involving
the  vacation  of  his  appointment,  the  State  Government  may,  appoint  another  person  to
officiate  for  him  and  carry  out  his  functions  under  this  Act  or  any  rules  or  regulations
made  thereunder.

Resignation
of  non-
official
members.

Temporary
absence  of
members.

14.

(1) Subject  to the  provisions  of sub-section  (2), a  person  shall be  disqualified

for  being  appointed  or  continuing  as  the  member  of  the  Authority,  if  he,—

Disqualification
of  members.

(a) holds  any  office  of  profit  under  the  Authority;

(b) is  of  unsound  mind,  and  stands  so  declared  by  a  competent  court;

(c)  is  an  uncertificated  bankrupt  or  an  undischarged  insolvent;

(d) has directly or indirectly by himself or by any partner, any share or interest in

any  contract  or  employment  with,  by  or  on  behalf  of,  the  Authority;

(e) is  a  director,  secretary,  manager  or  other  salaried  officer  of  any  incorporated
company  which  has  any  share  or  interest  in  any  contract  or  employment  with  by  or
on  behalf  of  the  Authority;  or

(f)  has  been  or  is  convicted  of  any  offence  involving  moral  turpitude.

(2) A person shall not, however, be disqualified under clause (d) or (e) of sub-section

(1)  or  be  deemed  to  have  the  share  or  interest—

(a) In any contract or employment within the meaning of these clauses, by reason
only of his, or the incorporated company of which he is a director, secretary, manager
or  other  salaried  officer,  having  a  share  or  interest  in  any  newspaper  in  which  any
advertisement  relating  to  the  affairs  of  the  Authority  is  inserted;

(b) Any incorporated company which has any share or interest in any contract or
employment  with,  by  or  on  behalf  of,  the  Authority,  by  reason  only  of  his  being  a
shareholder  of  such  company:

Provided  that,  such  person  discloses  to  the  State  Government,  the  nature  and  extent

of  the  shares  held  by  him.

H  5-2

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Maharashtra  Truck  Terminal  (Regulation [1997 : Mah. XXXI

of  Location)  Act,  1995

Removal  of
members.

15.  (1) The State Government may, by notification in the Official Gazette, remove from

office any non-official member who,—

(a) is, or has become, subject to any of the disqualifications mentioned in section 14;

or

(b) in the opinion of the State Government, has been guilty of any misconduct whether
before or after the appointment or neglects or has so abused his position as to render his
continuance as member detrimental to the interest of the Authority or of the general
public, or is otherwise unfit to continue as a member; or

(c) is absent without permission of the Authority for two consecutive meetings of the

Authority :

Provided that, no person shall be so removed from office unless he has been given an

opportunity to show cause against his removal.

(2) Notwithstanding anything contained in sub-section (1) or any other provisions of
this  Act,  the  non-official  members  shall  hold  office  during  the  pleasure  of  the  State
Government; and the State Government, if it appears to it to be necessary or expedient so to
do in the public interest, may, by order, remove all or any of them from office at any time.

Filling  of
vacancies.

16. (1) In the event of a vacancy in the office of any member, the vacancy may be filed
by the State Government, and the person so appointed shall hold office so long only as the
member in whose place he is appointed would have held office.

(2) A vacancy of a member shall be filled as early as practicable :

Provided  that,  during  any  such  vacancy,  the  continuing  members  may  act  as  if  no

vacancy had occurred.

Proceedings
presumed  to
be  good  and
valid.

17. No disqualification of, or defect in, the appointment or continuation of any person
acting as a member of the Authority shall be deemed to vitiate any act or proceedings of the
Authority, if such act or proceeding is otherwise in accordance with the provisions of this
Act.

Meeting  of
Authority.

18. (1) The Authority shall meet at such times, at least once in two months and at such

places as the Chairman may determine.

(2) The Chairman of or in his absence the Chief Executive officer and in the absent of
both the Chairman and Chief Executive Officer, any other member chosen by the members
present from amongst themselves, shall preside over a meeting of the Authority,

(3) All questions at a meeting of the Authority shall be decided by a majority of votes of
the members present and voting; and in the case of an equality of votes, the person presiding
shall have and exercise a second or casting vote.

(4) Five members shall form a quorum to constitute a meeting of the Authority.

(5) Minutes shall be kept of the names of the members present and of others who attend
the meeting of the Authority under the provisions of this Act and of the proceedings of each
meeting, in a minute book to be kept for the purpose. The minutes shall be signed at the
next meeting, after confirmation of such minutes shall be open to inspection by any member
during office hours of the Authority

1997 : Mah. XXXI] Maharashtra  Truck  Terminal  (Regulation

7

of  Location)  Act,  1995
(6) Subject  to  the  forgoing  provisions,  the  Authority  may  observe  such  rules  of
procedure  in  regard  to  the  transaction  of  its  business  as  it  may  deem  proper  and
expedient.

19. (1) The Authority may associate with itself, any person whose assistance or advice

it  may  desire  for  carrying  into  effect  any  of  the  provisions  of  this  Act  :

Provided  that,  the  number  of  persons  so  associated  shall  not  be  more  than  three.

(2)  A  person  associated  with  Authority  under  sub-section  (1)  for  any  purpose  shall
have the right to take part in the deliberations of the Authority relevant to that purpose,
but  shall  not  have  the  right  to  vote.

(3) The  State  Government  may,  by  order,  depute  its  representatives  to  attend  any
meeting  of  the Authority  and  to  take  part in  the  deliberations  of  the Authority  on  such
items  or  subjects  as  the  State  Government  may,  specify  but  such  representatives  shall
not  have  the  right  to  vote.

Temporary
association
of  persons
with
Authority  for
particular
purpose.

20.  The  Authority  may,  from  time  to  time,  constitute  committee  or  committees  out
of  its  members  consisting  of  such  number  of  them  as  it  may  think  proper  and  may
delegate to such committee such powers of the Authority as it may deem fit for carrying
out  the  purposes  of  this  Act.

Constitution
o f
committees.

CHAPTER IV
ORGANISATION OF THE AUTHORITY AND OFFICERS AND SERVANTS OF THE AUTHORITY

21. The  authorities  charged  with  carrying  out  the  provisions  of  this  Act  are—

(a) the  Authority;  and

(b) the  Chairman  and  the  Chief  Executive  Officer  of  the  Authority.

22.  The  Chief  Executive  Officer  of  the  Authority  shall  be  under  the  general

superintendence  and  control  of  the  Authority.

23. (1) Subject to the superintendence, direction and control of the Authority, all the
executive functions  of the  Authority shall  be exercised  by the  Chief Executive  Officer.
(2) Without prejudice to the provisions of sub-section (1), the Chief Executive Officer

shall,—

(i)  supervise  the  financial  and  executive  administration  of  the  Authority  and
exercise  such  power  and  perform  such  duties  and  functions  as  may  be  conferred  or
imposed upon him by this Act or the rules or regulations or delegated to him by the
Authority  under  this  Act  ;

(ii) supervise  and  control  all  officers  and  servants  of  the  Authority  ;
(iii) be  responsible  for  collection  of  all  sums  due  to  the  Authority  and  payment

of  all  sums  payable  by  the  Authority  ;

(iv) ensure  adequate  security  of  all  assets  and  property  of  the  Authority;
(v)  to  be  responsible  for  the  proper  application  of  the  Truck  Terminal  Funds  and
property according to the provisions of this Act and rules or regulation made thereunder.

Authorities
charged  with
execution  of
this  Act.

Superintendence
and  control.

Powers  and
duties  of
Chief
Executive
Officer.

Appointment
of  officers
and  servants.

8

Maharashtra  Truck  Terminal  (Regulation [1997 : Mah. XXXI

of  Location)  Act,  1995

  (3) The  Chief  Executive  Officer  may,  with  the  sanction  of  the  Authority,  delegate
any of the powers or functions conferred or imposed upon him by or under this Act, to
any  officer  or  servant  of  the  Authority.

24.

(1) The  Authority,—

(a) may,  from  time  to  time,  create  such  posts  of  officers  and  servants  as  may  be

necessary  for  the  purposes  of  this  Act  :

Provided  that,  no  post  with  a  pay-scale,  the  minimum  of  which  exceeds  rupees  one
thousand per month or such higher amount per month as the State Government may from
time to time determine  shall be created by the Authority  without the previous approval
of  the  State  Government  or  such  officer  as  the  State  Government  may  by  general  or
special  order  specify  in  this  behalf;

(b) may,  from  time  to  time  appoint  officers  and  servants  to  hold  such  posts;  and

(c) shall pay such officers and servants such pay, allowances and other perquisites

prospectively  or  retrospectively  as  it  may,  by  regulations,  determine.

(2) The powers and duties of such officers and servants shall be such as the Authority

may  from  time  to  time  by  regulations  made  for  the  purpose,  determine.

Conditions
of  service  of
officers  and
servants  to
be  regulated
b y
regulations.

25.  The  Authority  may,  by  regulations  made  for  the  purpose  prospectively  or
retrospectively regulate the recruitment and the conditions of service of its officers and
servants;  and  without  prejudice  to  the  generality  of  this  power,  such  regulation  may
provide  for  the  following  matters,  namely  :—

 (i)  regulating the  grant  of leave  and  the  payment of  leave  salary and  allowances

while  on  leave;

(ii) authorising  the  payment  of  travelling  or  conveyance  allowance;

(iii) regulating  the  period  of  service;

(iv) determining  the  conditions  under  which  the  employees  shall  receive  the
retirement  benefits  including  provident  fund,  pension,  gratuity  or  compassionate
allowance and the conditions under which heirs or surviving relatives of the employees
shall  receive  such  pension,  gratuity  or  compassionate  allowance;

(v)  authorising  payment  of  contributions  out  of  the  Truck  Terminal  Fund  to  any
pension or provident fund, which may be established for the benefit of the employees;

(vi) determining subsistence allowance in lieu of pay during the period of suspension

of  the  employees  pending  enquiry;

(vii) prescribing  any  other  conditions  of  service  of  the  employees.

Provident
fund.

26. (1) The Authority shall establish a provident fund for employees of the Authority,
and  such  provident  fund  (hereinafter  referred  to  as  “the  provident  fund”)  shall
notwithstanding  anything  contained  in  the  Provident  Funds  Act,  1925,  be  administered
by  the  Authority.

19  of
1925.

1997 : Mah. XXXI] Maharashtra  Truck  Terminal  (Regulation

9

of  Location)  Act,  1995

  (2) The  Authority  shall,  in  respect  of  each  of  its  employees  who  is  a  subscriber  to
the  provident  fund,  pay  into  that  fund  such  portion  of  the  contribution  in  such  manner
as  the  Authority  may  from  time  to  time  determine.

27.  All  expenses  incurred  by  the  Authority  including  expenses  incurred  on  account
of  salaries,  allowances,  fees  and  other  remuneration  payable  to  the employees  serving
under  the  Authority,  shall  be  met  from  the  Truck  Terminal  Fund.

Expenses  of
Authority

CHAPTER V

POWERS AND DUTIES OF THE AUTHORITY

28. In  addition to the  powers conferred and  duties imposed upon  it by or  under this

Act,  the  Authority  may—

(a) construct,  maintain  and  manage  the  Truck  Terminal  including  any  buildings  or

Power  and
duties  of
Authority

structures  ;

(b) provide,  maintain  and  manage  any  instruments  or  implements  required  in  the

Truck  Terminal;

(c) acquire,  hold  and  dispose  of  any  movable  or  immovable  property  ;
(d) regulate the entry  of persons and vehicular traffic into and exit from the control

area  and  the  Truck  Terminal;

(e) provide  such  facilities  and  services  as  may  be  necessary  or  expedient  for  the

beneficial  use  of  the  Truck  Terminal;

(f) perform  such other  functions and  duties as  may, from  time to  time, be  necessary

or  expedient  for  the  purpose  of  maintaining  or  managing  the  Truck  Terminal;

(g) collect data and maintain records and statistical information and carryout necessary
monitoring to detect trends and changes in the goods transport industry in the control area.

29.  It  shall  be  competent  for  the  Authority  to  levy  and  collect  fees  or  service

charges—

(i) to cover its expenses on maintenance of roads, drainage, water supply, provisions
for  storage  of  goods,  parking  places,  and  such  other  facilities,  amenities  or  services  as
may be provided by it including provisions of street lighting at the Truck Terminal; and
(ii) for the entry of persons, vehicles and goods into Truck Terminal, in such manner,
at  such  rates  and  from  such  persons  as  may  be  prescribed,  from  time  to  time,  by
regulations.

30.  Without  prejudice  to  the  generality  of  the  powers  conferred  by  section  28,  the
Authority may, within its discretion, give grants, advances or loans to or share expenses
with,  any  local  authority  or  public  undertaking,  within  or  without  the  area  of  its
operation, towards expenses incurred or to be incurred by such authority or undertaking
in  the  performance,  in  relation  to  any  facilities,  amenities  or  services  at  the  Truck
Terminal  of  any  of  the  statutory  functions  of  such  authority  or  undertaking,  including
expenditure incurred in the acquisition of land ; and, notwithstanding anything contained
in any law for the time being in force, it shall be lawful for such authority or undertaking
to accept such grants, advances or loans or share in the expenses, subject to such terms
and  conditions  as  the  Authority  may  from  time  to  time,  in  consultation  with  such
authority  or  undertaking,  specify.

Power  of
Authority  to
levy  fees.

Power  of
Authority  to
give  grants,
share
expenses,
etc.

10

Maharashtra  Truck  Terminal  (Regulation [1997 : Mah. XXXI

of  Location)  Act,  1995

CHAPTER VI
BUDGET, FINANCE, ACCOUNTS AND AUDIT, ETC.

Submission
of  budget  to
Authority.

31. (1) The Chief Executive Officer of the Authority shall, at a special meeting to be
held  in  the  month  of  February  in  each  year,  lay  before  the  Authority,  the  budget
estimates  of  the  Authority  for  the  next  year.

(2)  Every  such  budget  estimates  shall  be  prepared  in  such  form  as  the  State

Government  may,  from  to  time,  by  order,  determine  and  shall  provide  for,—

(i)  the  proposals,  plans  and  projects,  which  the  Authority  proposes  to  execute

either  in  part  or  in  the  whole  during  the  next  year;

(ii)  the  due  fulfilment  of  all  the  liabilities  of  the  Authority;  and
(iii) the  implementation  of  the  provisions  of  this  Act;

and  such  estimates  shall  contain  a  Statement  showing  the  estimated  income  and
expenditure on capital and revenue accounts for the next year and such other particulars
indicating  the  financial  performance  of  the  Authority  as  the  State  Government  may
direct.  The  budget  shall  clearly  reveal  the  financial  outlay  and  performance.

Section  of
budget
estimates.

32.  The  Authority  shall  consider  the  budget  estimates  submitted  to  it  under  section
31 and approve the same with or without modification on or before such date as the State
Government  may,  from  time  to  time,  determine.

Submission
of  approved
budget
estimates  to
State
Government.

33.  (1)  Every  budget  estimates  approved  by  the  Authority  under  the  last  preceding

section  shall  be  submitted  to  the  State  Government  for  information.

(2) After the receipt of the approved budget estimates, the State Government may, as
far as practicable, before the beginning of the next year, suggested to the Authority, such
modification therein as the State Government may deem fit, and the Authority shall carry
out  such  modifications  in  the  budget  estimates  in  such  manner  as  the  Authority  may
think  fit.

Supplymentary
budget.

34.  The Chief Executive Officer may, at any time during the year for which a budget
has  been  approved  by  the  Authority,  lay  before  the  Authority  a  supplementary  budget
estimate  and  the  provisions  of  section  31,  32  and  33  shall,  so  far  as  may  be,  apply  to
such  supplementary  budget  estimates.

Application
of  the  assets
of  Authority.

Truck
Terminal
Fund.

35.  All  property,  fund  and  other  assets  vesting  in  the  Authority  shall  be  held  and

applied  by  it,  subject  to  the  provisions,  and  for  the  purposes,  of  this  Act.

36.   (1) The Authority shall have and maintain its own Fund to be called “the Truck

Terminal  Fund”  to  which  shall  be  credited,—

(a) all monies  received  by  the  Authority  by  way  of  grants,  subventions,  loan

advances  or  otherwise;

(b) all    monies    received  from    any    statutory    authority  for    carrying  out  the

purposes  of  this  Act;

(c) all  fees,  costs,  fines  and  charges  received  by  the  Authority  under  this  Act;
(d) all monies received by the Authority from the disposal of lands, buildings and

other  properties  movable  and  immovable  and  other  transactions.

(e) all monies received by the Authority by way of rent and profits or in any other

manner  or  from  any  other  source.

1997 : Mah. XXXI] Maharashtra  Truck  Terminal  (Regulation

11

of  Location)  Act,  1995

(2) The amount to the   Credit of the Truck Terminal Fund shall be kept or invested
in  the  State  Bank  of  India  or  in  any  corresponding  new  bank  specified  in  the  First
Schedule  to  the  Banking  Companies  (Acquisition  and  Transfer  of  Undertakings)  Act,
1970,  or  in  the  first  Schedule  to  the  Banking  companies  (Acquisition  and  Transfer  of
Undertakings)  Act,  1980,  or  in  such  co-operative  bank  as  the  State  Government  may,
approved  for  the  purpose.

5  of
1970.

40  of
1980.

(3) The  accounts  of  the  Truck  Terminal  Fund  shall  be  operated  by  such  officers  of
the Authority and in such manner as the Authority may, authorised by regulations made
in  this  regard.

37. The Authority may, with the previous approval of the State Government borrow

money  for  the  purpose  of  providing  itself  with  adequate  resources. :

38.  The  Authority  may  accept  deposits  on  such  conditions  as  it  may  deem  fit  from
persons,  authorities  or  institutions,  to  whom  allotment  or  sale  of  land,  buildings  or
premises  is  made  or  is  likely  to  be  made  in  furtherance  of  the  objects  of  this  Act.

Power  of
Authority  to
borrow.

Deposits.

39. (1) The Authority shall cause to be maintained proper books of accounts and such
other books as the rules may require, and shall prepare in accordance with the rules an
annual  statement  of  accounts.

Accounts
and  audit.

(2) The Authority shall cause its accounts to be audited annually by such person and
by such date in the next succeeding year as the State Government may direct. The person
so  directed  shall  have  the  right  to  demand  the  production  of  books  of  accounts,  and
connected  vouchers,  documents  and  papers,  and  to  inspect  any  of  the  offices  of  the
Authority.

(3) As  soon  as  the  accounts  of  the  Authority  have  been  audited,  the  Authority  shall
send  a  copy  thereof  with  a  copy  of  the  report  of  the  auditor  thereon  to  the  State
Government; and the Authority shall comply with such directions as the State Government
may,  after  perusal  of  the  report  of  the  auditor,  think  fit  to  issue.

(4) The  accounts  together  with  the  report  of  the  auditor  thereon  shall  be  laid  by  the
State  Government before  each House  of the  State Legislature  as far  as possible,  before
the  expiry  of  the  year  next  succeeding  the  year  to  which  they  relate.

40. (1) Notwithstanding anything contained in section 39, there shall be a concurrent
audit  of  the  accounts  of  the  Authority  by  such  person  as  it  thinks  fit.  The  State
Government  may  also  direct  a  special  audit  to  be  made  by  such  person  as  it  thinks  fit
of the accounts of the Authority relating to any particular transaction or a class or series
of  transactions  or  to  a  particular  period.

Concurrent
and  special
audit  of
accounts.

(2) Where an order is made under sub-section (1), the Authority shall present or cause
to be presented for audit such accounts and shall furnish to the person appointed under
sub-section (1) such information as the said person may require for the purpose of audit;
and shall remedy or cause to be remedied the defects pointed out by such person, unless
they  are  condoned  by  the  State  Government.

12

Maharashtra  Truck  Terminal  (Regulation [1997 : Mah. XXXI

of  Location)  Act,  1995

CHAPTER VII

ACQUISITION OF LAND

1  of
1894.

Mah.
IV  of
1975.
Mah.
IV  of
1975.

Power  to
acquire  land
for  the
purposes  of
this  Act.

41.  The  State  Government  may,  for  carrying  out  the  purposes  of  this  compulsorily
acquire land under the Land Acquisition Act, 1894, as amended from time to time  and
the acquisition of any land for any of the said purposes shall be deemed to be a public
purpose  within  the  meaning  of  that  Act.

Vesting  in
Truck
Terminal
Authority
lands  etc.
transferred
by  the
Bombay
Metropolitan
Region
Development
Authority  or
any  other
statutory
Corporation.

Transfer  of
Government
lands  to
Authority.

42. Notwithstanding  anything  contained  in  the  *Bombay  Metropolitan  Region
Development Authority Act, 1974, or any other law for the time being in force, it shall
be  competent  for  the  Bombay  Metropolitan  Region  Development  Authority  constituted
under the *Bombay Metropolitan Region Development  Authority Act, 1974 or for any
statutory  corporation  constituted  under  any  other  law,  to  transfer  any  land  with  or
without  building constructed or any other work carried out, thereon to a Truck Terminal
Authority  subject  to  such  terms  and    conditions  as  the  State  Government  may,  in
consultation  with  the  Metropolitan  Authority  or  the  statutory  corporation,  from  time  to
time,  determine  and thereupon  such  lands  together with  buildings  or  work if  any,  shall
vest  in  the  Truck  Terminal  Authority  for  the  purposes  of  this  Act.

43. (1)  For  the  furtherance  of  the  object  of  this  Act,  the  State  Government  may  by
notification  in  the Official  Gazette, upon  such  conditions  as  may  be  agreed  upon
between  the  Government  and  the  Authority,  place  at  the  disposal  of  the  Authority  any
lands  vested  in  the  State  Government.

(2) After any such land has been developed, by or under the control and supervision
of the Authority, it shall be dealt with by the Authority in accordance with the provisions
of this Act or the rules or regulations made thereunder and the directions, if any, given
by  the  State  Government  in  this  behalf.

(3) If any land placed at the disposal of the Authority under sub-section (1) is required
at  any  time  thereafter  by  the  State  Government,  the  Authority  shall  replace  it  at  the
disposal  of  the  State  Government  upon  such  terms  and  conditions  as  may  be  mutually
agreed  upon.

Power  of
Authority  to
dispose  of
land,  etc.

44. Subject to any rules made by the State Government under this Act, the Authority
may  retain, lease,  sell,  exchange  or  otherwise  dispose  of,  any  land,  any  building  or
other property vested in it, in such manner as it thinks fit for subserving the purposes
of  this  Act.

Offences  and
penalties.

45. (1) Whoever,—

(a) contravenes  any  provisions  of  section  6;  or

CHAPTER VIII

OFFENCES AND PENALTIES

(b) voluntarily obstructs the authorised officer authorised under sub-section (1) of
section  50  in  carrying  out  inspection  under  clause  (a),  or  holding  an  enquiry  under
clause (b) of  the  said  sub-section;  or

* The  short  title  of  this  Act  was  amended  as  “the  Mumbai  Metropolitan  Development  Authority

Act,  1974”  by  Mah.  25  of  1996,  Sch.

1997 : Mah. XXXI] Maharashtra  Truck  Terminal  (Regulation

13

of  Location)  Act,  1995

  (c) knowingly  fails  to  comply  with  any  requisition  made  or  wilfully  furnishes
false  return,  statement,  accounts,  return  or  proceedings,  under  clause (c) or (d) of
section  50;  or

(d) wilfully neglects or refuses to furnish any information or wilfully furnishes false

information  under  section  51;  or

(e) wilfully  obstructs  the  authorised  officer  referred  in  clause (b) from  seizing  or
taking possession of books, records, funds or property of the Authority under section
52;  or

(f) aids  or abets any  person in the  commission of any  act specified in  clauses (a)

to  (e) shall,  on  conviction,  be  punished,—

(i)  when  the  offence  is  under  clause (a) or (b) with  imprisonment  for  a  term
which shall not be less than three months but which may extent to three years or
with fine which shall not be less than five thousand rupees but which may extend
to  ten  thousand  rupees  or  with  both;

(ii) when the offence is under clauses (c), (d) or (e) with simple imprisonment
for  a  term  which  may  extend  to  three  months  or  with  fine  which  may  extend  to
one  thousand  rupees  or  with  both;

(iii) when the offence is under clause (f) with same punishment as provided for

the  offence  aided  or  abetted;

(iv) when  the  offence  under  clause  (a)  or (b) is  a  continuing  one  after  first
conviction,  with  a  further  daily  fine  which  shall  not  be  less  than  one  hundred
rupees  but  which  may  extend  to  one  thousand  rupees  per  day  during  the  period
of  continuance  of  the  offence.

(2) If it  appears to the  court taking congnizance of  an offence under  sub-section (1)
on taking such evidences as it may deem necessary, that the accused person by himself
or as an agent is carrying on the business of collecting, forwarding or distributing goods
carried by goods carriages in any place in the control area other than in Truck Terminal
in  contravention  of  any  provision  of  section 6, the  court  may  order,—

(i)  that  the  transport  vehicle  be  seized  and  kept  in  the  custody  of  that  Authority;

or

(ii) that  the  accused  person  shall  not  carry  on  such  business  in  any  place  in  the
control area  other  than  in  the  Truck  Terminal  in  contravention  of  the  provisions  of
section  6  until  the  complaint  is  finally  disposed  of.

(3) Where  any  such  accused  person  has  been  convicted  for  contravention  of  the
provisions of section 6, the transport vehicle in respect of which any order is made under
sub-section (2) may be forfeited to the State Government and in case where such person
is  acquitted  or  discharged,  the  transport  vehicle  if  it  seized  and  kept  in  the  custody  of
the  Authority,  shall  be  returned  to  him.

46. (1)  Where  an  offence  under  this  Act  has  been  committed  by  a  company,  every
person who, at the time the offence was committed, was in charge of, and was responsible
to the company for the conduct of the business of the company as well as the company,
shall  be deemed  to  be  guilty of  the  offence  and shall  be  liable  to be  proceeded  against
and  punished  accordingly  ;

Offences  by
companies.

H  5-3

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Maharashtra  Truck  Terminal  (Regulation [1997 : Mah. XXXI

of  Location)  Act,  1995

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

(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  is  attributable  to  any  neglect  on  the
part of, any director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of that offence and
shall  be  liable  to  be  proceeded  against  and  punished  accordingly.

Explanation.—For  the  purposes  of  this  section,—

(a) “company” means a body corporate and includes a firm, association of persons

or  body  of  individuals  whether  incorporated  or  not,  and

(b) “director” in relation to a firm, means a partner in the firm, and in relation to
any association of persons or body of individuals, means any member controlling the
affairs thereof.

Cognizance
and  trial  of
offences.

47.  (1)  No  court  shall  take  cognizance  of  any  offence  punishable  under  this  Act,
except with the previous sanction of the Chief Executive Officer, or any person authorised
by  the  Chief  Executive  Officer  by  general  or  special  order,    in    this  behalf  :

1[Provided that, where an offence is committed by a member of the Authority (including
the Chairman of the Authority and the Chief Executive Officer), the authority competent
to  grant  such  previous  sanction  shall  be  the  State  Government  or  an  officer  authorised
by  the  State  Government  in  this  behalf.]

Magistrate’s
power  to
impose
enhanced
penalties.

48. Notwithstanding  anything  contained  in  section  29  of  the  Code  of  Criminal
Procedure,  1973,  it  shall  be  lawful  for  any  Metropolitan  Magistrate  or  any  Judicial
Magistrate  of  the  First  Class  to  pass  any  sentence  authorised  by  this  Act,  in  excess  of
his  powers  under  the  said  section.

11  of
1974.

Compounding
of  offences.

49. (1) The Chief Executive Officer may, either before or after the institution of the
proceedings  for  any  offence,  other  than  an  offence  involving  contravention  of  section
6, punishable under this Act, with the approval of the Authority, accept from any person
charged  with  such  offence,  by  way  of  composition  of  the  offence  a  sum  not  less  than
the  amount  of  the  maximum  fine  and  not  the  more  than  double  the  amount  of  the
maximum  fine  for  the  relevant  offence  mentioned  in  section  45,  as  he  may  determine.
2[Provided  that,  in  the  case  of  an  offence  committed  by  a  member  of  the  Authority
(including the Chairman and the Chief Executive Officer), the offence may be compounded
by  the  State  Government  or  by  any  officer  authorised  by  the  State  Government  in  this
behalf.]

3[(2) On payment of such sum as may be determined by the Chief Executive Officer
or the State Government or any officer authorised by the State Government under sub-
section (1),  no further  proceedings  shall  be taken  against  the  accused person  in  respect
of  the  same  offence,  and  any  proceedings  if  already  taken,  shall  stand  abated,  and  the
accused  person,  if  in  custody,  shall  be  discharged.]

1  This  proviso  was  added  by  Mah.  41  of  1997  s.  3.
2 This  proviso  was  added  ibid., s.  4 (a).
3  This  sub-section  was  substituted,

ibid., s.  4 (b),

1997 : Mah. XXXI] Maharashtra  Truck  Terminal  (Regulation

15

of  Location)  Act,  1995

CHAPTER IX

MISCELLANEOUS

50. (1) The officer authorised by the State Government by general or special order in
this  behalf  (hereinafter  in  this  Chapter  referred  to  as  “the  authorised  officer”),  may—

(a) inspect or cause to be inspected the accounts and offices of the Authority, the

Truck  Terminal  and  any  other  establishment  controlled  by  the  Authority;

Inspection,
enquiry,
submission
of  statement
etc.

(b) hold  enquiry  into  the  affairs  of  the  Authority  ;

(c)  call  for  any  return,  statement,  accounts  or  report  which  he  may  think  fit  to

require  such  Authority  to  furnish;

(d) call  for  and  examine  the  proceedings  of  the  Authority;

(e) require  the  Authority  to  take  into  consideration,—

(i) any objection which appears to him to exist to the doing of anything which
is  about  to  be  done  by  or  is  being  done  by  or  on  behalf  of  such  Authority,  and
to  make  a  written  reply  within  a  specified  or  reasonable  time  stating  its  reasons
for  doing  such  thing;  or

(ii)  any  information  which  he  is  able  to  furnish  and  which  appears  to  him  to
necessitate  the  doing  of a  certain  thing  by  such  Authority,  and to  make  a  written
reply to him within a specified or reasonable time stating its reasons for not doing
such  thing  ;

(f)  direct  that  anything  which  is  about  to  be  done  should  not  be  done,  pending

consideration  of  the  reply;  and

(g) direct that anything which is required to be done, but is not being done, should

be  done  which  such  time  as  he  may  specify.

(2) If the Authority fails to comply with the order made or direction issued under sub-
section (1), the authorised officer may direct the Chief Executive Officer to comply with
such order and the Chief Executive Officer shall immediately comply with such direction.

51. (1)  Any  officer,  servant  or  member  (including  the  Chairman  and  the  Chief
Executive  Officer)  of  the  Authority  shall  furnish  such  information  in  his  possession  in
regard  to  the  affairs  or  proceedings  of  the  Authority  as  the  authorised  officer  may
required  him  so  to  do.

(2) An  officer  holding  an  enquiry  into  the  affairs  of  the  Authority  or  examining  the
proceedings under section 50 shall have powers to summon and  enforce the  attendance
of any officer, servant or member including the Chairman or the Chief Executive Officer
of the Authority and to compel him to give evidence and to produce documents by the
same  means  and  as  far  as  possible  in  the  same  manner  as  is  provided  in  the  case  of  a
Civil  Court  by  the  Code  of  Civil  Procedure,  1908.  The  officer  shall  thereafter  submit
a  report  of  the  enquiry  or  examination  so  made  by  him  to  the  State  Government.

V  of
1908.

Duty  of
officer,
servant  or
member  to
furnish
information
to  authorised
officer.

52.  Where the  State Government  or the  authorised officer  has reason  to believe  that
the  books  and  records  of  Authority  are  likely  to  be  tampered  with  or  destroyed  or  the
funds  or  property  of  the  Authority  are  likely  to  be  misappropriated  or  misapplied,  the
authorised  officer  may  seize  and  take  possession  of  such  books  and

Seizure  of
account
books  and
other
documents  etc.

H  5-4

16

Maharashtra  Truck  Terminal  (Regulation [1997 : Mah. XXXI

of  Location)  Act,  1995

records,  funds  and  property  of  the  Authority  and  the  officers,  servants  or  members
(including the Chairman and Chief Executive  Officer), of the Authority responsible for
the  custody  of  such  books,  records  and  property  shall  give  delivery  thereof  to  the
authorised  officer.

Control  of
State
Government.

53. (1) The Authority shall exercise its powers and perform its duties under this Act
in accordance with the policy framed and guidelines, if any, laid down from time to time,
by  the  State  Government  for  carrying  out  the  purposes  of  this  Act.

(2) The Authority shall be bound to comply with such direction which may be issued,
from time to time, by the State Government in public interest for efficient administration
of  this  Act.

(3)  If,  in  connection  with  the  exercise  of  the  powers  and  performance  of  the  duties
of the Authority under this Act, any dispute arises between the Authority and the State
Government, the matter shall be decided by the State Government and its decision shall
be  final.

Annual
report.

54. (1) The Authority  shall, as soon as  may be, after  the end of each  financial year,
prepare and submit to the State Government, a report giving an account of its activities
during  the  previous  financial  year,  a  statement  of  receipt  and  disbursement  for  the
previous year and a statement of operation of Truck Terminal Fund during the previous
year,  and  the report  shall  also  give  an account  of  the  activities,  if  any which  are  likely
to  be  undertaken  by  the  Authority  during  the  next  financial  year.

(2)  The  State  Government  shall  cause  every  such  report  to  be  laid  before  the  State

Legislature  as  soon  as  may  be  after  it  is  submitted.

Chairman,
Chief
Executive
Officer,
members  and
other  officers
and  servants
of  Authority
to  be  public
servants.

Protection  of
action  taken
in  good
faith.

Recovery  of
sums  due  to
Authority.

55.  The  Chairman,  the  Chief  Executive  Officer,  members  and  other  officers  and
servants of the Authority shall be deemed, when acting or purporting to act in pursuance
of  the  provisions  of  this  Act  or  the  rules  or  regulations  made  thereunder  to  be  public
servants,  within  the  meaning  of  section  21  of  the  Indian  Penal  Code.

XLV
o f
1860.

1[56.  No  suit,  prosecution  or  other  legal  proceeding  shall  lie  against  any  person  for
anything which is in good faith done or intended to be done under this Act or any rules
or  regulations  made  thereunder.].

57.  Any  sum  due  to  the  Authority  on  account  of  any  charge,  costs,  expenses,  fees,
rent, compensation or on any other account under the provisions of this Act or any other
rule  or  regulation  made  thereunder  or  any  agreement  made  with  the  Authority  shall  be
recoverable from the person from whom such sum is due, in the same manner as an arrear
of  land  revenue.

1  Section  56  was  substituted  for  the  original  by  Mah.  41  of  1997,  s.  5  .

1997 : Mah. XXXI] Maharashtra  Truck  Terminal  (Regulation

17

of  Location)  Act,  1995

Bom.
LVII
o f
1947.

58. The  Bombay  Rents,  Hotel  and  Lodging  House  Rates  Control  Act,  1947,  or  any
other  law  corresponding  thereto  for  the  time  being  in  force  in  any  part  of  the  State,—

(a) shall  not  apply  to  any  land,  building  or  premises  belonging  to  or  vesting  in  the

Authority  under  or  for  the  purposes  of  this  Act  ;

(b) shall  not  apply  as  against  the  Authority,  to  any  tenancy,  licence  or  other  like
relationship created by the Authority in respect of any lands, buildings or premises; but,

(c) shall  apply  to  any  land  or  building  or  premises  let  to  the  Authority.

59. (1) The State Government may, by notification in the Official Gazette, make rules

to  carry  out  the  purposes  of  this  Act.

(2) All  rules  made  under  this  Act  shall  be  subject  to  the  condition  of  previous

publication.

(3) Every rule made under this section shall be laid, as soon as may be, after it is made,
before each house of the State Legislature, while it is in session for a total period of thirty
days, which may be comprised in one session or in two successive sessions, and if, before
expiry  of  the  session  in  which  it  is  so  laid  or  session  immediately  following,  both  the
Houses agree  in making any modification  in the rule or  both the Houses agree  that the
rule should not be made, and notify their decision to that effect in the Official Gazette,
the rule shall, from the date of publication of such decision in the Official Gazette, have
effect only in such modified form or be of no effect as the case may be, so however, that
any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of
anything  previously  done  or  omitted  to  be  done  under  that  rule.

Non-appli-
cability  of
Rent  Control
Acts  to
Authority
lands,
building  etc.

Power  to
make  rules.

60. The  Authority  may  with  the  previous  approval  of  the  State  Government  make
regulations consistent  with this Act  and the rules  made thereunder for  all or any  of the
matters to be provided under this Act by regulations and generally all other matters for
which  provision  is  in  the  opinion  of  the  Authority,  necessary  for  the  exercise  of  its
powers  and  the  discharge  of  its  functions  under  this  Act.

Power  to
make
regulations.

61. If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this  Act,  the  State
Government  may  as  occasion  arises,  by  order  do  anything,  not  inconsistent  with  such
provisions, which appears to it to be necessary or expedient for the purposes of removing
the    difficulty  :

Removal  of
difficulties.

Provided that, no order shall be made under this section after the expirty of two years

from  the  appointed  day.

H  5-3,362  Bks.-1.2014

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