[U. P. ACT No. 19 of 2004]

2004 · State unknown · central · act_text

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Sections (37)

1 · . For Statement of Objects and Reasons please see at the end of this Act.

3 · (1) With effect from such date as the State Government may, by notification in the Gazette, appoint in this behalf, there shall be established for the purposes of this Act an Authority to be called the Uttar Pradesh State Highways Authority.

4 · The Governing Council shall be the highest policy making body of the Authority and shall be Chaired by the Chief Minister of the State. The other members of the Council shall be:

5 · (1) All members of the Governing Council, other than expertmembers, shall be ex-officio members.

6 · A person shall be disqualified for being appointed as an expert -member of the Governing Council if he,-

7 · . (1) The Governing Council shall meet at such times and places and shall observe such rules of procedure, in regard to the transaction of business at its meetings, including the quorum threat, as may be provided by regulations.

8 · No act or proceeding of the Governing Council shall be invalidated merely by reason of,-

9 · There shall be an Executive Committee headed by the ChiefExecutive Officer. The Committee shall report to the Governing Council and shall be responsible for such functions and exercise such powers as may be prescribed or assigned to it by the Governing Council.

10 · The Executive Committee shall consist of, —

11 · The ChieffExecutive Officer and the Member (Finance), Member (Technical) and Member (Administration) of the Executive Committee shall be full time employees of the Authority and the method of their appointment and the terms and conditions of their service shall be such as may be prescribed.

12 · (1) For the purpose of discharging its functions, the Authority shall appoint such number of officers and other employees as it may consider necessary on such terms and conditions as may be laid down in the regulations.

13 · In the discharge of its function under this Act, the Authority shall act, so far as may be, on business principles.

14 · The State Movement may, from time to time, by notification in the Gazette, vest in, or entrust to, the Authority, such state highway or any stretch thereof as may be specified in such notification.

15 · (1) On and from the date of publication of the notification under section 14,—

16 · Any land required by the Authority for discharging its functions under this Act shall be deemed to be land needed for a public purpose and such land may be acquired for the Authority under the provisions of the Land Acquisition Act, 1894.

17 · Subject to the provisions of section 18, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

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

19 · (1) Subject to the rules made under this Act, it shall be the function of the Authority to develop, maintain and manage the state highways and any other highways vested in, or entrusted to it, by the State Government in the manner that the authority becomes largely independent of Government funding for the maintenance of the Highways within three years from the date it is set up.

20 · The State Government may, after due appropriation made by State Legislature, by law in this behalf,—

21 · (1) There shall be constituted a Fund to be called the Uttar Pradesh State Highways Authority Fund and there shall be credited thereto,—

22 · The Authority shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Authority and forward the same to the State Government.

23 · The Authority may invest its funds (including any reserve fund) in the securities of the State Government or in such other manner as may be prescribed.

24 · (1) The Authority may, with the consent of the State Government or in accordance with the terms of any general or special authority given to it by the State Government, borrow money from any source by the issue of bonds, debentures or such other instruments as it may deem fit for discharging all or any of its functions under this Act.

25 · The Authority shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the State Government .

26 · The accounts of the Authority shall be maintained and audited in such manner as may, in consultation with the Accountant General of the State be prescribed and the Authority shall furnish, to the State Government before such date as may be prescribed, its audited copy of accounts together with the auditor's report thereon.

27 · The State Government shall cause the annual report and auditor's report to be laid, as soon as may be, after they are received, before each House of Legislature.

28 · The Governing Council may, by general or special order in writing delegate to the Chairperson or a sub-committee of the Council or to the Executive Committee or to ChieffExecutive Officer or any officer of the Authority, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary except that the following functions and powers shall be exercised only by the Council :—

29 · All orders, decisions and other instruments of the Authority shall be authenticated by the signature of the Chairperson or any officer of the Authority authorized by it in this behalf.

30 · All members, officers and employees of the Authority shall, when acting or purporting to act in pursuance of the provisions of this Act or of any rule or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Act no. 45 of 1860) and under the rules or directions made by the State Government.

31 · (1) No suit, prosecution or other legal proceeding shall lie against the Authority or any member or officer of employee of the Authority for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.

32 · The Authority may undertake to carry out on behalf of the State Government or any local authority any works or services or any class of works or services on such terms and conditions as may be agreed upon between the Authority and the State Government or the local authority concerned.

33 · Subject to any 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 Act, at all reasonable times, enter upon any land or premises, and

34 · (1) If, at any time, the State Government is of opinion that in the public interest it is necessary or expedient so to do, it may, by order, direct the Authority to entrust the development, maintenance or management of any State Highway or a part thereof with effect from such date and for such period and to such person as may be specified in the order and the Authority shall be bound to comply with such direction.

35 · (1) The State Government may, make rules for carrying out the purposes of this Act.

36 · (1) The Authority may, by notification in the Gazette, make regulations not inconsistent with this Act and the rules made thereunder to carry out the provisions of this Act.

37 · (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government, may by notification in the Gazette, make such order not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty;

38 · (1) The Uttar Pradesh State Highways Authority Ordinance, 2004 is hereby repealed.

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