CourtMesh

Section 47: Power of the State Government to issue directions

The Kerala Metropolitan Transport Authority Act, 2019 (25 of 2019)State Act of Kerala · Act 25 of 2019

(1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in exercise of its powers or the performance of its functions 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 to it from time to time.

(2) Where a dispute arises as to whether a question is one of policy or not under subsection (1) the decision of the State Government thereon shall be final.

(3) Where any dispute arises between the Authority and other authorities, local bodies, body corporate, Department or other agencies of the Government, the matter shall be resolved at the level of the State Government and the decision of the State Government thereon shall be final and the parties involved in such dispute are bound to comply with such decision:

Provided that the State Government shall not pass an order in relation to any dispute under this section without affording the parties concerned, an opportunity of being heard.

48. Power to remove difficulties—(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make provisions not inconsistent with the provisions of this Act which appear to it to be necessary or expedient, for removing the difficulty:

Provided that no such order shall be issued after the expiry of a period of two years from the date of commencement of this Act.

(2) Every order issued under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly.

SCHEDULE I [See section 2(0)] URBAN TRANSPORT Urban Transport consists of different modes of transport in an Urban Mobility Area that are available for use by all persons who pay the established fare and which are operated on fixed routes and with fixed schedules within the Urban Mobility Area, and include the following functional categories: —

(a) Buses

(b) Tramways

(c) Metro Railway

(d) Electric Trolley Bus

(e) Cable Car

(f) Bus Rapid Transit System

(g) Light Rail Transit

(h) Inter-city Railways

(i) Boats

(j) Water Metro

(k) Any other mode irrespective of its fuel or propulsion type including private vehicles which meet the requirements of Mass Transportation.

This is a digitally signed Gazette.

Authenticity may be verified through https://compose.kerala.gov.in/ 44

SCHEDULE II [See section 2(p)] URBAN TRANSPORT ANCILLARY SERVICES

1. ‘Para Transit’ —This includes systems provided by operators within an Urban Mobility Area available to person on hire basis for individual and multiple trips, such as:—

(a) Auto rickshaws/Shared auto rickshaws/E-rickshaws;

(b) Taxi Cabs, Hire a Cab or Shared Taxi;

(c) Minibus/Vans;

(d) Any transport vehicle operated under an aggregator;

(e) Any other mode irrespective of its fuel and propulsion system, which meet the requirements of Para Transit.

2. Walking, bicycle, cycle rickshaw and any other green modes of transport that do not consume fuel propulsion or cause pollution.

3. Urban Freight: The movement of freight vehicles whose primary purpose is to carry goods/freight into, out of and within an Urban Mobility Area.

4. Intelligent Transport System—Intelligent Transport System includes technology-based real time systems that aid in the improved management, co-ordination, integration and supervision of traffic and all the transportation systems in an Urban Mobility Area and include,—

(a) Passenger Information System

(b) Vehicle prioritization

(c) Electronic Fees/User charge/Fare collection

(d) Electronic road pricing

(e) Operations Management

(f) Safety and Security

(g) Traffic management and control

(h) Traffic Surveillance, online information system

(i) Helping the authorities concerned in relation to pollution control etc.

5. Parking Infrastructure—This includes surface, off-street and multi-level parking, including its management and enforcement irrespective of type of technology adopted.

6. Roads and associated infrastructure including street furniture, urban place making etc.

within the Urban Mobility Area.

PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESS AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 202Qgr4eye This is a digitally signed Gazette.

Authenticity may be verified through https://compose.kerala.gov.in/

Where this provision sits

ActThe Kerala Metropolitan Transport Authority Act, 2019 (25 of 2019)
Section47
Marginal notePower of the State Government to issue directions
JurisdictionState of Kerala
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Kerala Metropolitan Transport Authority Act, 2019 (25 of 2019) is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.