Section 24 in Andhra Pradesh Municipal Tramways (Construction, Operation and Maintenance) Act, 2008
24. Certificate of fitness for the opening of tramway system.
(1)The Safety Commissioner shall, before giving the certificate of fitness for the opening of the tramway system under Section 23, issue a report containing, inter alia, the following,-(a)he has made, or caused to be made, a careful inspection of the tramway system and the rolling stock that may be used thereon;(b)the track structure, rolling stock, bridges, viaducts, tunnels, signalling and telecommunication system, traction system, ventilation and air condition systems complying with the standards and safety parameters prescribed under Section 33; and(c)in his opinion, the tramway system can be opened for public carriage of passengers without any danger to the public using it.(2)If the report referred to in sub-section (1) above recommends that the tramway system can be opened for public carnage of passengers without any danger to the public using it, the Safety commissioner shall issue to the tramway operator forthwith the certificate of fitness and forward copy of the same along with a copy of the report to the State Government for its information.(3)If the Safety Commissioner reports that the tramway system cannot be opened without any danger to the public using it, he shall state the grounds therefor and the Safety Commissioner shall submit the same to the State Government for its consideration with copy to the tramway operator. The State Government shall upon receipt of such report, by an order determine the conditions, if any, on the fulfilment of which the tramway system can be opened for public carriage of passengers by it. Upon fulfilment of the conditions prescribed by such order, the Safety Commissioner shall undertake an inspection to determine the satisfaction or otherwise of the conditions prescribed by the State Government by the order made under this sub-section and issue a report. If it is reported that the conditions prescribed by the order of the State Government pursuant to this subsection have been fulfilled, the Safety Commissioner shall issue to the tramway operator its certificate of fitness and forward a copy of the same along with a copy of its report to the State Government. If, however, the Safety Commissioner is of the opinion that the conditions prescribed by the State Government by its order under this sub-section have not been fulfilled, the report shall state the grounds therefor and the Safety Commissioner shall submit the same to the State Government for its consideration with copy to the tramway operator and the procedure set forth in this sub-section shall apply on submission of such reports by the Safety Commissioner till issue of certificate of fitness or termination of rights of the tramway operator under the order or the agreement, as the case may be.(4)In the event that an independent safety consultant or independent engineer is appointed pursuant to an agreement entered under Section 5, the Safety Commissioner while making his report under subsection (1) above, may rely on a report of such independent safety consultant or independent engineer:Provided that where (he Safety Commissioner is of the opinion that the report under sub-section (1) above cannot be made despite a report from such independent safety consultant or independent engineer appointed pursuant to a concession, he may make a report to the contrary, giving detailed reasons for making a contrary report.
