IX tal-1989

A

6l

PUBLIC TRANSPORT AUTHORITY ACT, 1989

Arrol1gemrnl of Srcliofl5

Preliminary

Citation and commencement .

(Sttilon 28)

Mowr Vehicles Insurance (Third Pan y Ri sks)

Publie Transport (Regula tion of Employment)

ActIVo(l97Q

Passed by the House of Represe ntatives at Silling No. 2180fthe 14th f-hrch. 1989.

L A WRENCE GONZl

Spc'"kef

Clak 10 Iht House of Rtprt"Stnl"'i~'tS

I"""bbliko, mid.Dipa"i .... n' ,.' 1.lnl<lnn>.ujoni K • .,iljo f'I'b/;'IoH~, IN lHpdI'JIffO!'o/ I~"".",m"" - K."~jo

1',,,,

Mi lbu", n·'".mpooij> '.I.(;"",n _ I'ri""d '" do< Oo,~""""" 1'Mli"8

~«,~1l< - ~12<

Inlerpretation.

f.slat.li shmellt. t" un ct ions and Conduct or Affairs

oflhe Publ ic Transport Authority

Establi shment and composition of Ihe Public T ranspon Authority .

Functions of Ihe A uthorit y.

Conduct of the Affairs o f Ihe Authority.

Rcb tions Ixlwecn the Minister and the Authority,

Legal !'c!>Onality and representation of Ihe Auth.ority.

Provisions wilh respect 10 proceedings of Ihe Authority.

Slaffappoinlmc ms .

• :"«oli ... , lI nd Ad~isury CQmmiu • ..,s

and Officers and Employees of the Authority

Appointment and functi ons of officers and employees of the Aut hority.

AppoimrnclH and functions of executive and advisory commillces.

Detailing of public office rs for duty with the A uthority.

Status of public officers detailed for du ty wi t h the Authority.

Offcr of permancnt cmploymcn t with the A ut hority to public offiens

<.let~iled for duty with the Authority.

l"he Public Transport I.altour Roard

Constit ution and functions of the Publ ic T ransport La bour Boa rd .

Financial Pro\'isions

Power to borrow Of raise capital.

16.

Ghamla u fum:junijicllul-Bord ghax-Xoghol fit-T msport Pubbliku.

Sctgha la' !\CIf jew gbir la' bpital .

Advances from Gove rnment.

Estimates of the Authority.

Expenditure to be according to app rowd est imates.

Publication of approved estimates.

A<x'Ounts and audit.

Deposit of revenues and payments by the A uthority .

Contracts of suppl y of wor ks.

Annual Report.

Exemption from taxation.

I' ersons deemed public offi~rs .

26.

I'crsuni mcqjus3 ufficjali pubbliti.

Power 10 make regulations.

Adaplill ion uf Laws.

Ame ndment of Act IV of 1970.

SCHED ULE

I assent.

(L.S.)

PAULXU E REB

Acting President

27th March . 1989

ACT No. IX (If 1989

AN ACT 10 provide for the /'swblishmelll of a body corpora/e /0 be

known as 1111' Public TrultSpOrl Authority ilnd fo r the exercise by Or

011 behalf of Iha! Awhorily off"'!("lions reloting /0 public transport

/0 provide for Ihe constitwion and f unC/ions oflht' Public Transport

Labour Board; und IQ make provi.<ion with respcrllQ malleTS ancil-

lary th ereto or connee/I'd therewith.

BE IT ENACfED by the President. by and with the advice and

conse nt of the House o f Represe ntatives, in this present Parliament as-

sembled . and by the authority of the same, as follows:-

Preliminary

This Act may be cited as th e Publ ic Transport Authority C;to,ion

( 1 )

••

Act. \989.

comm<_"",n1.

(2) The following provisions of this Act shall come into force

On such dale as the Minister may by not ice in th e GalClte appoint, and

different dates may be s.o appointed fordifferent provisionsorfordiffer-

ent purposes of this Act.

2. In this Act. unless the cont ext otherwise requires

""the AeC in relation to section 29 of this Act has the mea ning

assigned 10 it by thilt section

""appointed day'". in relation to section 28 of this Act, has the

meaning assigned to it by that section

·"Authorit y'" means th e Public Transport Authority estab-

lished by section 3 of t his Act

""the Board·" means Ihe Publi c Transport LaoouT Board estab-

lished by section 15 of thi s Act

"Chairman" means Chairman of the Authority and includes.

in Ihe circu mstances mentioned in subsectiun (3) of section J Oflhis Act.

the Deputy Chairman or other pers.on appointed \0 act as Chairman

Provided that in relation to sections 14 and 28 of this Act

"Chairman" means Ill.: Chairman of an executive and advisory commit-

Ice and the Chairman of the Committee respectively

"the Commiuec" means the Adaptation of Laws (Publ ic

Transport) Cornmi!1ec cstablisllcd by section 28 of this Act

"executive and advisory com inec" or "cornmi llec" mc-ans an

e~ccutivc and advisory commillcc established in accordance with sec-

tionllofthisAct

"financial year" means any period o f twclw: months cnding on

Ihe 30lh September

Provided thal the fiNt financial year of Ihe A utllorily sllall COIl -

sist of the period irncrvcning belween the commenccmern of this Act

and the 30th da y of September of such year as the Minister shall by

not;cc in writing to the Authori ty specify

"licence" means and includes any licence or permil which

under thi s Act or any other law is required from thc Authority or wh ich

the Authority ;s a uthorised or empowered to grant under suc h Act or

other law and "licensee" sha ll be construed accordingly;

" Minister" means the Mini.ter responsible for public trans·

pori, and includes any person ;!uthorised by such Minisler in that behalf;

"publi c officer". in relation to section 11 of this Act, has the

same meaning assigned 10 it by section 124 of the Consti tution but does

notlllclude ajudge ortlle Superior Courts or a magistrate of the Inferior

Courts;

··pu blic transport" means the conveyance by a vehicle of

passengers in M ah~ against compen,ation

··public transport employee·' means a person employed in the

;onveyancc of passengers by a licensed public l<ansporl vehicle

·· public transport sector·' has the meaning assigned 10 il bysub-

section (I) of section II of this Act

··public transport vehicle '· mean s any \'ehicle used or intcndcd

10 be used for pu blic transport

"vehicle'· includes any carriage, karrozzin, cart, ca r, motor-

car, omnibus, minibus , bicycle, motor-cycle, sea·craft, or other means

of transport by land or sea for the conveyance of pe rsons.

Es tablishment , functi"n_~ pnd conduct of affairs or the Authority

J. (\ ) Thcre shall be a body, to be known as the Public

Transport Authority, which shall consist of a Chairman and four other

members.

(2) The memben; of the Authorit y shall be appointed by the

Minister for a term of onc year Or for such longer period as may be

specified in the instrument of appointment but the members so ap-

pointed ntay be re-appointed on the expiration of their term of office.

(3) The Min i,tcr may dc,ignate onc of the other memhersof

the Authority as Deputy Chairman and the member so designated shall

ha,'e all the powers and perform all the functions of the Chairman dur-

in g his ab>cnce or inability 10 ~C\ as Chairm~n or while he is on vacation

or during any vacancy in the office of chairman; and the Minister may

also, in lmy of the circumstances aforesaid. appo int an other person to

act as chairman and in such case the foregoing provisions shall apply in

respect of such person.

(4) A person shat! not be qualified to hold office asa member

of the Authority if hl." -

(a) is a Minister. Parliamentary SecretaI)' or a member of the

House of Representatives. or

(b) has any financial interest in any public transport enler·

prise or activity or if he has in any sueh enterprise or activity any

other imerest as is likely to affect prejudicially the discharge by him

of his functions as a member of the Authority.

(5) Subject to the provisions of this section. the office of a

member of the Authority shall become vacant

(a)

at the expiration of his term of office; or

(0) if any circumstances arise that. if he were not a member

of the Authority, would cause him to he disqualified for appoint-

ment as such.

(6) A Memberofthe Authority may be removed from office

by the Mi nister if, in the opinion of the Min ister. such member is unfit to

contlOue lO office or has beeome incapable of properly perfonning his

dut ies asa membe r.

(7) If the office of a member of the Authority is vacant or if a

ml."mber is for any reason unable to perform the functions of his office .

Ihe Minister may appoint a person who is qualified to be appointed to be

a member to be a temporary member of the Authority; and any person

so appointed shall. suhjectlo the provisionsofsubsections (5) an d (6) of

this seclion. cease: to be such a member when a pe rson has been ap-

pointed to fill thl." vacancy or, as the case may bc, when the member who

was unable to perform the fu~ctions of his office resumes Ihose func·

lions.

(8) Any member of the Authority wbo has any direcI or

indirecI interest in any contract made or proposed to be made by the

Authority. nOt being an interest which disqualifies such member from

rem<lining a member. shall disclose the ~aturc of his interest at the firsl

meeting of th e Authority after the rclev~nt facts have oome to his

knowledge; such disclosure shalllhen be recorded in the minutes of the

Authority. and the mcmber having an interest as afo resaid shall

withdraw from any meetings at which such contract is discussed. Any

stlch disclosure shall be communicated 10 the Minister without delay.

Where the interest of the member is such as 10 disqualify him from

remaining a member. he shall report the fact immediately to the

Minister and tender Ilis resignation.

4. (1)

The Authority shall have Ihe following functions

(a) to provide. or secure or promote the provision of, a

properly integrated. safe, economical and efficient public transport

system

(b) to determine the shon-term and long-term objectives of

such a system

(c) to develop the necessary strategy and policies 10 achieve

those objectives

(d) to provide. or secure or promote the provision of. such

services and facilities as appear to the Authority to be expedient in

the performance of its functions;

(el to provide. or secure o r promote the provision of.

trai ning for persons engaged or to be engaged in public transport

services and to promote tile welfare of such per!;ons;

(f) to compile and kecp up to datc records of such data as it

may deem appropriate in connection with public transport;

(g) to advise the Ministeron all matter!; which concern public

transport;

(h) to perform any otller function vested in it by or pursuant

to this ACl or any other law;

(i) to carry on all such activities as may appear to the

Authori ty to be requisite, advantageous or convenient to beearried

on for or in connection wit h the performance of any of the olher

functions of Ihe AUlhority.

(2) In carrying OUI its functions under Ih is ACI. I he AUI horily

shall ensure Ihal its policies and activities conform with the aims and

objectives of national economic planning from time to time in force and

shall give due considcration 10 the impact of public transpon on the

environment.

S. The affairs and business of the AUlhority shall be the

responsibility o f and shall be conducted by the Authority itsel f; but ,

save as aforesa id and subject to the provisions of this Act and 10 any

di reclions of the Authority. the e xecutive conduct of the Authority , its

admin istration and organi2ation and the administrative control of its

offi(Xrs and employees, shall be t he responsibility of the Chairman of the

Authority. who shall a lso have such other power!; as may from lime 10

time be delegated to him by the Authority.

6. (I) The Mioister may, in relation to ma!\crs tha! appear 10 Relation.bot .. «"

him 10 affect Ihe public interest, from time to time give to the Authority':: Mini" .. and

dircdions of a general character, not inconsistent with the provisions of t A"(""";'~

Ihis Act, on the policy to be followed in the carrying out of the functions

vested in the Authority by or under this Act, and the Authority sllall , as

soon as practicable, give cffcello all such directions.

(2) The Authority shall afford to the Minister facilities for

obtaining information wilh respect to its property and activities and

furnish him with returns, accounts and other informat ion with respect

thereto, and a fford to him facilities fOT tile verification of information

furnished, in such manner and at such times as he may reasonably

requ,re.

7. (]) The Authority sllall be a body corporate having a distinct ..... 1.1 Pm" •• ';,y

legal personality and shall be capable, subjcct to thc provisions of this ."" rep'""n .. t;""

Act. uf entcring into contracts. of acquiring. holding and disposing of 01,11< "'U"''''''J.

any kind of property for thc purposes of its funct ions. of suing and being

sued. and of doing all such things and entering into all such transactions

as are incidental o r conducive to the e~ercise or performance of its

functions under this Act. including the lendingorborrowingofmoney.

(2)

The legal representation of the Aut hority sha ll vest in the

Chairman

Provided that the Authority may appoint anyone or more of

its other members or of the officers or employees of tile Authority \0

appear in the name and on be half of the Authority in any judicial

proceedings and in any act. contract. instrument or other document

whatsoever.

(3) Any document purporting to be an instrument made or

issued by the Authority and signed by the Chairma n on behalf of the

Authority shall be received in evidence and shall. until the contrary is

proved. be deemed to be an instrument made o r issued by the

Authority.

8. (1) The meetings of the Authority sha ll be called by the Pro-ivo.,.

Chairman, ei ther on his own initiative o r at the request orany two of the with

pr<>«<dinp

olher members.

01 Ill< ",",oo,.;ly.

(2) Three members of the Authority shall form a quorum a t

any meeting. Decisions shall be adopted by a si mple majurilY of the

votes of tile members present and voting. The Chairman, or in his

absence the Deputy Chairman or other person appointed 10 act as

chairman. shall have an ini tial vote and. in th e event of an equality of

vOles. a casting vOle. Without prejUdice to the OIher requirements of

this Act. no decision shall be valid which is not supported by at least two

membe rs of the Authority or wh.ich is taken at a meeting of the

Authority at which the Chairmaij, or in his absence IlIe Deputy

Chairman orotherperson appointed to act as chairman. is nOl present.

(3) SubjCCllO Ihe provisions uf this Act. the Authority may

regulate its own procedure.

(4) Subject to the foregoing provisions of Ihis section. nO act

or proceeding of the Authority shall be invalidated merely by rea>on of

the e~islence of any v3qncy among the members.

(5) AI! acts don .. by any person acting in good faith as a

member of the AUlllority shall be valid as if he were a member

notwithstanding that some defect in his appointment or qualification be

afterwards discovered. No act or proceeding of the Authority shall be

questioned on the ground of the contravention. by a member. of the

provisions of subsection (8) of section 3 of this Act.

9. ( I) Subject to the provisions of the Constitution and of any

other enactment applicable thereto. and without prejudice to the other

provisions of this Act. the appointment of officials and other employees

of the Authority shall be madc by the Authority. Th e tenns and

conditions of employment shall be established by the Authoritywith the

concurrence of the Minister.

(2) The Authori ty may. with the approval of the Minister

given after consultation with the Minister responsible for finance,

establish a scheme or schemes. whether by contributory or non-

contributory arrangements or partly by one and partly by the other. for

the payment to its officers and employees. or to their dependants. on

theiT retirement. death OT injury. of pensions, gratuities and other like

benefits.

Ex«utlve and advisory eommitteft and officers and employees

orthe Authority

10. The Authority sha ll appoint and employ. at such

remuneration and upon such terms and conditions as it may. in

acoordance with section 9 of this Act , determine, such officers and

employees of the Authority as may from time to time be necessary for the

due and efficient discharge of the functions of the Authority.

11. (Il The Prime Mini ste r may, 31 the request of the

Authority. from time to time direct that any public officer shall he

detailed for duty with the Authorit y in such capacity "nd wi th effecI

from such date as may he specified in Ihe Prime Ministe r's direction.

(2) The period during which" direction as "foresaid shall

apply to any officer specified therein . shall. unless the officer

retires from the public service. or otherwise ceases 10 hold office at an

earlier date. or unless a different period is specified in such direction.

end on the happening of any of the following even ts. that is 10 say-

(3) the acceptance by such officer of an offer of transfer 10 the

service ot. and permanent employment with. the Authority made

in accordance with the provisions of sect ion 13 of this Act: or

(b)

the revo<;ation of such direction by the Prime Minister. in

relation 10 such officer.

(3) Where a direction as afore said is revoked by Ihe Prime

Ministe r in relation 10 any officer. the I'rime Mini ster may, by further

direction. detail slIch office r for dUly willl the A utllOrity i n such capacity

and wilh effect from such date as may be speci fied jn Ihe Prime

Minister's direction. and the provisions of subsection (2) of this section

shall thereupo n apply \0 Ihe period of duration of any such further

d; Teclion in relation to such officer.

12. (I) Where any officer is detailed for duty with the Authority s"'u' '" publ",

under llny of the provisions of sect ion II of this Act. such officer sha ll . offi,""

during the time in which such direction has effect in relation to him. be Au,.",.i,y.

under the administrative authority and control of the AutllOrity but he

shall for other intems afld purposes remain and be considered and

treated as a public officer .

(2) Without prejudice (0 (he generality of th e foregoing. an

officer detailed for duty as aforesaid -

(a) sha ll not dunng the tim e in respect of which he is w

detailed-

( i) be precluded from applying for a transfer to a

department of the Government in accorda nce with th e terms

llnd conditions of serv ice auached to the appointment under

the Govern ment held by him at a date on which he is so

detailed for dury: or

(ii) be so employed that his remunerat ion and

conditions of service are less favourable than those which are

attach ed to (he appoinllnent under the Governmem held by

him at the date aforesaid or which would have become

attached 10 such appointment. during the said period. had

such officer not been detai led for duty with the Authori(y;

and

(b) shall be entitled to have his service "ith the Authority

consid<' red ,", service with th e Government for the purposes of any

pension. gratuity. or benefit under the Pension s Ordinance and the c,p ".'

Widow s" and Orphans Pensions Act and of any othe r right or CoP"'.

pri"ilc~e 10 whi<"h he would be emitled. and liable 10 any li abil ity to

which he would be liable. but for the f«et of hIS he ing detailed for

dUly with the Authority.

1."\) Where an application is made as provided in sub·

para!!laph (i) of paragraph (a) of subsection (1) of this section the same

consider"lIon ~ha\l be given thereto as 'f the applicant had not been

<kt"ikd h>r ,~r"i<;,: ""th the Authorit y.

(4) The Auth ority shall pay 10 the Go~crnmcnl such

contri butions 3S may from time 10 lim e be determ ined by the Minister

responsible for finance in respect of the cust of pensions and gratuities

earned by an officer detailed for duty with the Authority as aforesaid

during the period in which he is so detailed.

(1) The Authority may, with the approval of the Prime

I).

Minister. offer to any officer detailed fOT duty wilh the AUlhorily under

any of the provisions of section 11 of this Act pennanent employment

with 1h.: Authority at a remuneratiorl and on term s and cnnditio'lS not

less favourable Ihan those enjoyed by such officer al the dale of such

offer.

(2) The terms and conditions comprised in any offer made

as aforesaid shall not be deemed to be less favourable merely because

they ~re not in all respeCts identic,,1 with or supe rior to those enjoyed by

th ~ officer concerned .11 the date of ., uch offer. if such lerm .. and

condition s. tak.en as a whole. in the opinion of the Prime Ministe r offer

~ubstantially equivalent Or greater benefi ts.

(3) Every officer who accept s permanem employment wilh

the Authority offe red to him under the provisions of subsection (I) of

this section shaH, for all purposes other than those of the Pensions

Ordinance and of the Widows' and Orph ans· Pensions Act, and saving

the provis ions of section 26 of this Act. be deemed to h..we ceased to be

in service with the Govcrnmcnt and to have entered intoscrvice with the

Authority on the date ufhis accc ptance, and for the purpuses of the said

Ordinance and of the said Act. so fa r as applicable to him , service with

the Authority shaH be deemed to be service with the Government ... ·;thin

the meanings thereof respectively.

(4) Every such officer as aforesaid whu. immediately before

accepting permanent employment with the Authority. was e ntitled to

benefit undcr the Widows' and Orphans' Pensions Act. shall rontinue to

be so entitled to benefit thereunder to all intents as if his service with the

Authority were service with the Government.

(5) The Au thority shall pay to the Government such

contributions as may from time to time be determined by the Minister

responsible for finance in respect of Ihe COSt o f pensions and gratuities

earned by an officer who has accepted pe rmanent employment wi tb the

Authority as aforesaid during the period commencing on the date of

such "fficer"s a~"CCpta ,,~-e .

14. ( I) With effect from such day or days as the Mini ster may by

o rder determine, thcrc shall be in respect o f each of such sectors

providing public tran sport service~ as the Ministc r may in any such order

specify (hereinafte r referred to as "public transport sector"') an

e~eculive and advisory committee which shall. subject 10 the provisions

of this Act and to the directions of the Authority

(a) advi se the Auth or;ty on any manu relat ing to or in

con nec tion with the public tr ansport sector in respect of wh ich it

was establ ished including proposals for tbe developmcnt and re -

organismion of that sectur

(b) advise the Authority on the terms and condit ions of

service of employees in that sector;

(c) be responsible for the prompt and due execu tion of the

policy and other decisions of the Authority relating to that sector.

Each executive and advisory comm ittee shall also have such other

functions as may be assigned or delegated to it by the Authori ty or by

any law.

(2) Subject to the provisions of subsection (3) of this section,

the members of the executive and advisory commincc shall be

appoin ted by the Authority and sha ll hold office for such period and on

such lenns and conditions as the Authority may deem appropriate.

(3) The provisions of subsections (4), (5) and (8) of section 3

of this A ct shall mUlalis mmal1dis apply to the members of the executive

and advisory committees provided that any reference to the Minister in

subsection (8) of that section shall, for the purpose of this subsect ion, be

construed as a reference to the Au thority.

(4) Each executive and advisory comminee shall consist of

the following members

(a) one member representing the Authority, who shall be

Chairman;

(b) one member appointed after the Authority has sought

the views of representatives of owners of public transport vehi d es

and of employers in the public transport sector concerned;

(c) one member appointed afte r the Authority has sought

the views of representatives of employees in that sector;

(d)

one member representlflg the general public;

(e) one member appointed by the Authority acting in

accordance with the advice of the Minister.

(5) Each executive and advisory commiuec shall keep

minute s of all its meetings and shatl forward copies of such minutes to

the Au thority. The provisions of section 8 of th is Act shall mU/alis

""",,,,di.l· apply to the l"Ommitte and its aClS or proceedings.

Th e Public Transport La bou r 8 "Hd

15. (I ) There shall be a Board 10 be known as the Public

Tra nspo rt Lahour Board which shall consist of " Chairman and IWO

<lthn memhers.

Cl The Ch~irman of the Authoritv shall he the Chairman of

thl' H,,,,rJ. Onc of Ihe other members of thc' Board ,hall be appointed

bv th~ Authority after it has sought the views of r<>prescntat i ~es of

employers in the public transport service and the other membershal! be

appointed by the Authority after it ha. sought the vieW); of

representatives of employees in the public transport service: and the

said two other membep; of the Board ,hall be SO chosen as 10 represent

equally_ in the opinion of the Authority. the interests of employers ;Hld

employees.

(3) The members of the Board. other than the Chainnan.

shall hold office for such period and on such terms and conditio Jls as the

Authority may deem appropriate.

(4) The Board ,hall have ,hose functions which may be

assigned to it by any law and shall e~ercisc those functions in accordance

with the provisions of any such law.

(5) The e~penses of the Board sh all be defrayed out of the

funds of Ihe Authority.

Fina ncial pro>'lslons

16. For the purpose of carrying out any of its functions under this

Act. the Authorily may. with the approval in writing of the Mi niSler

given after consultation with the Mini ster responsible for finance.

borrow or raise money in such mantler. lrom such person. body or

authority. and under such terms and conditions as the Minister. after

consultation as aforesaid. may in writing approve.

17. The Minister responsible for finance may. after consuhalion

with Ihe Minisler. make advances to the Authority of such sums as he

may agree to be required by the Authoril y for carrying out any of its

funclions under Ihis ACI. "nd may make such advances on such terms

and conditions as he may. afler consultation as aforesaid. deem

appropriate. Any such advance may be made by the Mi nister

responsible for finance out of the Consol idated Fund. and withoul

further appropriation olher than this Act. by warrant under Ilis hand

authorising the Aeeounlanl General to make ,ueh advance.

IK. (I) The Authority shall cause to be prepared In every

financial year, and shall not laler Ihan si~ weeks after the end of e~ch

such year adopt , estimates of the income and e~pendit ure of Ille

Authority for the next following financial year

Provided that the estimates for the first financial year of the

Authority shall be prepared and adopted within such time as Ihe

Minister may by t10tice in writing 10 Ihe A Ulhorily specify.

(2) In the preparation of such estimates the Authority shall

take account of any funds and otller monies thal may be due 10 be paid

10 it oul of Ille ConsolidalCd Fund during Ihe relevant financial year.

whether by virtue of this Act or of an appropriation act or of any other

law; and the Authority shall so prepare the said esti mates as to ensure

th"t the tot al revenues of the Authority "re at least sufficient to meet ,,11

sums properly chargeable to its revenue account . including. but wilhout

prejudice to Ihe gener"lity of thal e ~pression. depreciation.

T he estimates sllall be made out in such form and sliall

(3)

conlain sueli information and such comparisons wit h previous years as

the Minister responsible for finance may diree!.

(4) A copy of the estimates shall. upon Ihcir adoption by Ihe

AUlliority. be sent forthwith by the Authority to the Minister a nd to the

Minister respo nsible for finance.

(5) The Min ister shall. al Ih<' earliest oppoTlunity and nOI

later than six weeks after he has rece ived a copy of the est ima tes from

Ihe Authority (or if at any tim~ duri ng IhatlX'riod the House is not in

session within six weeks from the beginning of the next following

session). cause such estimates 10 be laid before the House together with

a mOtion thatlhe House approves the s.aid estimates. Not less than onc

silting shall be allolled for the debale in Ihe House on such a mo\ion

and both the motion and Ihe approval of the est imates by Ihe H ou~ may

be with or without amendments to the estimates.

t9. (I) No cxpmditure shall be made or incurred by the 1':<",,00;'",. to l><

Authority unless it has been approved by Ihe House as provi ded in IICOOfdong '0

awro"d

Seclion 18 of Ihis Act.

..,im"" .

NotwiThstanding the provisions of subseclion (I) of Ihis

(2)

scCtlon -

(a) untillhe expiraTion of sh months from thc beginning of a

financial year. or unlilthe approval of the estimates for that year by

the House. whichever is the earl ier date . the Authority may make

Or incur expenditure for carrying on its functions under this ACI not

exceeding in Ihe aggregate onc-half of the amount approved by the

House for the preceding financial year

(b) expendi ture approved in respect of a head or sutrhead of

the estimates may. with Ihe approval of the Minister l!iven after

consultation with the Minister responsible for finance, be made or

incurred in respect of another head or sub-head of the estimates;

(c) in respect of the fi rst financial year. the Authority may

make or incur expenditure until the approval of the estimates for

thal year by the House not exceeding in the aggregate such

amoun ts as the Minister responsible for finance may, afler

consultation with the Minister. allow;

(d) if in respect of any financial year il IS found that the

amount approved by the House is not sufficient or a need has arisen

for e~penditure for a purpose not provided for in the estimates. the

Authority may adopl supplementary estimates for approval by the

House imd. pending such ~pproval bUl subject tu its being give n.

may. with the approva l of the Minister responsible for fi nance

given ~fter consultation with the Minister. incur the relative

e ~ pendilU re or such part thereof as the sa id Minister may so

approve; and in any such case Ihe provisions of this Act applicaole

to the estimates shall as near as practicable apv ly to the

supplementary estimates.

20. AI! estimates and supplementary estimales of the Authority

approved by the House shall. as soon as practicable, be publi.hed in the

Gazette,

21. (1) The Authority shall cause to be kepI proper accounts

and ot her records in respect of its opera tions. and shall caus.c to be

prepared a statement of 3<XX>unts in respect of each financial year.

(2) The accounts of the Authority shall be audi ted by an

auditor Or auditor; to be appointed by the Authority and approved by

the Minister

Provided lh~t the Mill;sler responsible for finance may. after

consultation with the Minister. require the books and accounts of the

Authority 10 be audited or examined by the Director of Audit who shall

for the purprn.e have the power 10 carry Out ,uch phy>;ic31 checking 3nd

other verifications as he may deem necessary.

(3) Afte r the cnd of each financial year. and nOllater than

the dale on which the estimates of the Authority lire for\\arded 10 Ih e

Minister under section 18 of thi s Act, the Authority shall eause a copy of

the stalement of lIl"COUnts duly audited to be transmined to the Minister

and \0 the Minister responsible for finance toge ther with a copy of any

report made hy the auditors o n that statement or on the accounts of the

Authority.

(4) The Minister shall cause a copy of every such stalement

and report to be laid before the House together with the motion laid

before the House u tide. sect ion 18 of I his A<:I.

22. (I) All monies accruing to the Authority shall be paid into a

bank or banks appointed as bankers of the Authority by a resolution of

the Authority. Such monies shall. as far as praclicable. be paid into any

such bank from day 10 day. except su<:h sum as the Authority may

authorise to be retained to meet pclty disbursements and immediate

cash payments.

(2) All payments OUI of the funds of the Authority. other

than pelty disbursements not exceeding 1I sum fixed by Ihe Authority.

shall be made by such officer or nffice rs of the Authority as the

AUlhority shall appoint or designate for that pu rpose.

(3) Cheques against and withdrawals from any bank account

of Ihe Authority shall be signed by such officrr of the Authority as may

be appointed or designated by the Authority for that purpose and shall

be countersigned by the Chairman ur suc h other member or officer of

tlte Authority as may be authorised by the Authority for that purpose .

(4)

ll1e Authorityshall also make provision with respect 10 -

(a) the manne r in which and the o fficer or officers by whom

payments arc to be authorised or approved

(b) the tille of any account held with the ban k or b~llh inlO

which the monies of the Authority arc to be paid, and the transfer

of funds from onc il<XQU111 to the other;

the mClhtxl 10 be adopted in making payments out of

(c)

funds of t he Authority.

and gcneraHy with respect \0 any malleT which is rel evan t to Ihe proper

kee ping and control of the accounts and books. and the comrol of the

finances. of the Authority.

23. Without prejudice to any directions com mun iC~led by the Coo,~"o/

Minister under subsection (I) of section (, of this Act, th e Authority "'~YOr

shall not. except with Ihe approval of the Minister granted for speeial WO< • •

reasons and after consultation with the Minister responsible for finance.

award or ente r into any rontract for the supply of goods or materials or

for the execution of works. or for the rende ring of services, to or for the

benefit of the Authority, which is estimated by the Authority to e~ceed

three thousand Mallese liT; in value e~cept afte r nOlice of the intention

of the Authority to enter into the contract has been published and

competitive tenders have been issued.

24. The Authority shall, not later than si~ weeks after the end of Annu.lll;cpon

each financial year. make and transmit to the Mini ster and 10 the

Mmister responsible for finance a report dealing genera ll y with the

activities of the Authority duri ng that financial year and containing such

information relatll1g to the proceedings and policy o f the Authority as

either of the SOlid Ministers may from lim e 10 time require. The Minister

shall cause a copy of every such report to be laid on the Ta ble of the

Housc as soon as practicable .

25. The Authority shall be exempt from any liability for the E •• mp<;"n

payment of income tax . stamp duty and <:ustoms duty unde r any law for frum

the time being in force.

, .. "ion.

Mi scellaneous

26. The members orthe Authority. the members of the e~ecU1 i ve P<""",<i<emcd

and advisory commillees and all officers and employees of the puI;N"'offlCCr>.

Authority shall be deemed to be publicofficcrs or employees with in the

meaning of the Criminal Code.

.Cop. 9

27. (I) The Authority may , with the consent of the Minister and p.".., 10

subject to the provisions of any law regulating the traffic of vehicl es on m •••

land or sea. make regulations in respect of public transport vehicles and .. ,.1"."...

public transport serviccs. whcther by land or sea . in Ma lta.

(2) Without prejudice to the generality of the aforesaid

power such regu lations may in particular provide

(a) for the grant, renewal. transfer. suspension and

cancellation of licences in respect of public transport vehicles. the

drivers thereof. the conductors of motor buses. car-hire garages.

and for such other licences in connect ion with public transport

employees and public transport veh icles and the users thereof as

may be necessa ry

(b) for providing for the manner in which application for the

grant. renewal or transfer of licences or of anyone or more classes

thereof is (0 be made; for the contents of such application; for the

manner in which such licences are 10 be granled. renewed or

transferred; the form in which such licences arc to be issued. the

contents thcreof and the manner in which rencwals or transfers

thereof are to be indicated

(c) for fixing the duration of the ~alidity of licences or of any

onc or more classes thereof

(d) for making provision to ensure that licences or anyoneor

more classes thereof wi1l1apsc on a specified day Or On specified

days

(e) for prescribing that anyone or more classes of licensees

shall wear such distinctive badges :IS may he specified . for

determ ining the fces payable in respect of such badges and for

making other provisions in respect thereof

(f) for prescribing the services which must be given by 11

pubtic transport vehicle. tile lime . manner and conditions in which

or undcr which suc h services arc to be given and the place from

which orders. agreements or other arrangements for such services

are to be given or made. and for requ iring the distribution among

the owners of public transport vehicles. or of such part thereof as

may be prescribed in the regulations. of all fares, fees and ot he r

receipts collected by them. in the manner. terms and co nditions

prescribed in the regulations

(g)

concerning the construction. equipment. condition Jnd

m~intenanee

of public lransport vchicles and thcir periodical

examination by o fficial e ~pert s;

(h) concerning the classification of public transport vehicles

according to their use as approved by the Authority

(i) for ordering inside public transpon vehic'les th e display of

any information

Ul for prescribing tile registers to be kept by licensees of

public tran sport vehicles. and the informa tion to be supplied by

such licensees

(k) concerning the management and supervision of public

transport services and for lhe maintenanel.' and enforcement of

discipline on those services

(I) for prescribing ~uch condilions of work in puhl,~ tr~nsporl

services for the protection of lhe welfare of public tr~nsport

emp loyees

( m) for eSlablishing the fees leviable in respect oflhe grant.

renewal or transfer of licences or "r ~ny one Or more classes

lhereof. eilher by direct determina lion or by reference to th e

manner in which such fees arc 10 be rcr ~oned : and to make

provision for fees leviable in respec l of broken periods

Provided that regu lalions under this paragraph may establish

til e minimum and the maximum of any fee leviable in respeclof

licences or of anyone or more classes thereof. and in such case the

fee leviable in each particular case shall be fixed by and in the

discretion of Ihe Authority

(n)

for making provision in respect of the rcfulld of fees or

part thereof paid under the provisions of this Act or of any

regula f iolls made thereunder,

(0) for prescribing a tariff of fares in respect of public

transporl vehicles and services

(p) for establishing lhe penalties 10 which aJlY offender

aga inst any regulations made under this Act shall be liable;

provided that no such pcna!ty shall be greater than as laId down In

the Criminal Code (Chapler 9) in respect of contraventions.

28. (I) There shall be a Committee 10 be known as the "'J'P'><i<HI

Adaptation of Laws (Public Transport) Committee consisting of a olLo. ... ,_

represe ntative of Ihe Allorney General as Chainnan and Iwo Olher

membe~ one of whom shall be ~ rcpresentaliveofl he Authoriry amlrhe

orher shall be a represenlarive of Ihe Commissioner of Police.

(2) The Commillee shall have the function of advising Ihe

Prime Minis!er on any amendments to any of the la"'s specified in the

S<;;hedule to Ihis Act, and to any regulation< made under those laws. as

may be neceSSilry or e xpedient-

(a) to ensure Iha! alllhose functions and powe~ which relate

to public transport vehicles and services and which . on the day of

the coming inlO force of this section (hereinaf""r referred 10 in this

section as ~Ibe appoinred day~). are vested in the Minisler respon -

sible for Ihe Policc. Ihe Commissioner of Pol ice and the Traffic

Control Board shall vesr in the AUlhority. and

(b) for bring'"glhose laws and regulations into conformity

wilh tbi s Act or otherwise for giving effect or enabling effect 10 be

given to the provisions of this Act,

Provided thal nOlhing contained in this subsection shall

affect such powers and functions vested in Ihe Minister responsible

for the Police. the Commissioner of Police or the Traffic Control

Board 10 the exlenllhalthe said powers and functions relale to the

control of traffic of vehicles on land or on sea.

(3) The Committee shall. with in si x montl1s from the ap-

paimed day and Ihereafter as it m;!y deem necessary or as the Prime

Minister may require. ma ke a report of ilS recommendations to the

Prime Minisler_

(4) Without prejudice to the powers of the Parhament of

Malta and subject to the provlslOns of subsection (8) of this section, the

Pnme Mimster may, by order made at any time within the penod of

eIghteen months from the appomted day, make such amendments to

any of the laws speCIfied m the Schedule to this Act or to any regulations

made under those law<; as may appear 10 h.im to be necessary o r expe-

dienl for any of the purposes mentioned in pa ragraphs (a) and (b) of

subsection (2) of this sectio n.

(5) Subject to the provisions of subsections (6) and (7) of this

section. notwithstanding anything comained in the provisions of the

laws specified in the Schedule to this Act and for a period of eighteen

months from the appointed day any power 10 make regulations confer-

red by the provisions of any of those laws upon Ihe Minister responsible

for the police or upon tile Commissioner of Po lice shall vest in and shall

only be exercised by the Prime Minister; and where such. power was ves-

ted in the Commissionerofthc Police \0 be e ~ercised by him with the ad-

vicc of the Traffic Control Board, such. power shall, during the said

period, be e~ercised by the Prime Minister without the need of any such

advice.

(6) Whe re in virtue of any amendments made in accordance

with the provisions of subsection (4) of th is section any powe r to ma ke

regulations under any of the la ws spedfied in the Schedule to this Act is

vested in any person, hody or other authority such power shall vest in

and shall be e~ercised by that perso n, hody or other authority from.the

date of the coming into force of those amendments o r from such mher

date as may be provided for by those amendmen ts and the provisions of

subsection (5) o f this section shall no longer apply.

(7) Upon the lapse of the period of eighteen months men-

tioned in subsection (5) of this section any power to make regulations

under any of the law-s specified in the Scbedule to this Act shall vest and

shall be e ~ e rcised in accorda nce with the provisionsofthosc laws subject

to any amcndments that may have been made in accord ance with the

provisions of subsection (4) of tllis sectio n.

(8) Any order made in accorda nce with the provisions of

subsection (4) of this section shall, as soon as may be after it is made bu t

in any case not later than eighteen montlls from the appointed day, be

laid on the Table of the House and shall have effect upon the lapse ofthe

period oftwenty-cight days after it isso laid unless the Ho use within thm

period resolves that the order be annullcd or amended whercupon that

order shall have no effect or shall have effect as amendcd. as the same

may require.

(9) In re.::koning for the pul"JX)Ses of subsection (8) of this

section any period of twenty-eight days therein referred to, 110 account

shall be taken of any time during which the House of Representatives is

not in session or durin g wh ich it is adjourned for more than seven days.

(10) Within the period of eighteen months from the ap-

pointed day the Schedu le to this Act may be amcnded by a resolution of

the H ouse.

29. Without prejudice to the provisions of section 28 of this Act.

Ivor I97\). th e Public Transport ( Regulation of Employment) Act , 1970 (hereinaf-

ter referred to in this sect ion as '·the Ace) shall be amcnded as fol -

lows:-

(a)

In section20f theAct-

(i) immedi~tely before the definition of "the Board"

there shall be inserted the following definition

.... the Au thority" mcans the Public T ransport

Authorityestablished by section 30fthe Public T ransport

Authority Act. 1989:~;

(ii) the definition of "the Board" sh~1I be substituted by

the following definition

.... the Board" means the Public Transport Labour

Board refern:d to in ~tion 3 of this A ct:~; and

(iii) immediately before the definition of "the Officer"

there shall be inserted the following definition

.... the Minister" means th e Minister responsible for

public transport, and includes any person authorised by

such Minister in that behalf but in section 4 of this Act it

has the meaning assigned \0 it by sub-section (2) of this

section;'"; and

(b)

sediorl 3 of th e Act shall be amended as follows

(i) subsections (I) to (4) thereof shall be deleted;

(ii) subsection (5) tbereof shall be renumbered (1) and

in that subsection for th e words "The functions of the Board

shall be - .. there shall be substituted the words "'The Public

Transport Labour Board established by section 15 of the Pub-

lic Transport Authority Act. 1989 shall have the following

functions: "

(iii) subsections (6) to (13) tbereof shall be renumbe red

(2) to (9) respectively: and

(iv) subsection (14) thereof shall be deleted and substi-

tuted by the following new subsection

.. ( 10) where any member of the Board is challenged

or abstains in accordance with the provisions of subsec-

tion (6) of thi s section the following provisions shall

apply

(a) if the member challenged or who abstains

is the Chairman. the Mi nister sha ll subs! itute for that

member another pe rson qualified to be Chairman of

the Authority to be Chainnan of the Board for the

particular case or cases in respect of which the

member has bee n ch~llenged or has abstained;

(b) if th e member challenged or who abstains

is not the Chairman of the Board-

(i) the panies in the case may agree on a

person 10 subst it ute thal membe r on the Board

in which case the person so agreed upon shall

substitute on the Board the member chaJl enged

or wllo has at)slained for the particular case or

cases in respect of wh ich that member has been

challe nged or has abstained ; or

(ii) fai ling agree ment as provided in sub-

paragraph (i) o f thi s paragraph. the re Shall be

substituted for th e member chall enged or who

abstained nnd for the particular case o r cases in

rcspttl o f which that member has been chal-

lenged or has abstained a member of tile Boord

appoi med by Ihe AUlbonl), in accordance wilh

lhe provision. of subsect ion (2) o f """,ion 15 of

the Public Transport Authority Act. 1989.

M