The metro railways (operation and maintenance) act, 2002

THE METRO RAILWAYS (OPERATION
_ AND MAINTENANCE) ACT, 2002
(60 of 2002)
[17th December, 2002 |
An Act to providefor the operationand maintenance and to regulatethe
workingof themetrorailwayin the‘[theNationalCapitalRegion,metropolitan
cityand metropolitanarea]and for matters connectedtherewithand incidental
thereto. ,
Br itenactedby Parliamentin the Fifty-thirdYear of the Republicof
India as follows:— -
CHAPTER I
PRELIMINARY
1. Short title,extent and commencement.—|(1) This Act may be called
the Metro Railways (Operation and Maintenance) Act, 2002.
(2) It extendsin the firstinstance to the National Capital Region and
the Central Government may, by notification,after consultation ‘with the
State Government, extend this Act to such other metropolitan area and
metropolitancity,exceptthe metropolitancityof Calcutta,and with effect
from such date as may be specifiedin that notificationand thereupon the
provisions of thisAct shallapply to that metropolitan area or metropolitan
cityaccordingly.]
(3) It shall be deemed to have come into force on the 29th day of
October, 2002.
2. Definitions.—(1) In this Act, unless the context otherwise requires,—
3[(a) “Central Government”, in relation to technicalplanning and
safety of metro railways, means the Ministry of the
Government of India dealing with Railways;|
3[(aa) “Claims Commissioner” means a_ Claims Commissioner
appointedunder Section48;] :
(b) “Commissioner” means the Commissioner of the Metro
- Railway Safety appointed under Section7;
(c) “development” with its grammatical variations means the
catrying out of building, engineering, mining of other
operations in, on, over or under land or the making of any
material change on any building,or land, or planting of any
tree on land and includesredevelopment;
(d) “electricsupply-line” shall have the meaning assigned to it
under clause (f) of Section 2 of the Indian ElectricityAct, 1910
(9 of 1910); ,
1. Subs. by Act 34 of 2009, Sec. 5, for “metropolitan City of Delhi” (w.e.£ 7-9-2009, vide
§.0. 2279(E), dated 7th September, 2009).
2. Subs. by Act 34 of 2009,Sec.6,forsub-section(1)and (2)(w.e.£.7-9-2009,videS.O. 2279(E),
dated 7th September, 2009). Sub-sections (1) and (2),before substitution, stood as under:
“(1) This Act may be called the Delhi Metro Railways (Operation and Maintenance)
Act, 2002. :
(2) It extends to the National Capital Territory of Delhi.”.
3.. Subs. by Act 34 of 2009, Sec. 7(i),for Clause (a) (w.e.£.7-9-2009, vide 5.0. 2279(E), dated 7th
September, 2009). Clause (a),before substitution, stood as under:
“(a) “ClaimsCommissioner”means a ClaimsConimissionerappointedunder Section48;".
 
(e)
(f)
. (g)
{(h)
i[(ha)
(i)
. (B)‘allrailtracks,sidings,yards or ‘branches’worked over for
(j)
(k)
*[(ka)
(I)
(m)
(n)
“fare”means thechargeleviedforthecarriageof passengers;.“Government metro tailway”means a metro railwayowned bythe Central Government;
“Tand” includesany rightor interestin any land;“metropolitan area” shall have the meaning assigned to it inClause (c) of Article 243P of the Constitution;] ?“metropolitancity”means the metropolitancity of Bombay,Calcutta, Delhi orMadras;]
“metro railway”means rail-guidedmass.rapid transitsystemhaving dedicatedright-of-way,with steelwheel or rubber-tyred|wheel coaches, but excluding tramways, for carriage ofpassengers,and includes—
(A) allland‘withinthe boundary marks indicatingthe limitsof !theland appurtenantto a metro:railway,
the purposes of,or in connection with, a metro railway,(C) .all_ stations, offices, ventilation shafts and °ducts, :warehouses, workshops, manufactories, fixed plants and -machineries, sheds, depots and other works constructedfor -the purpose of,or in connection with, a metro railway;“metro railway administration”in relationto—(i) a Government metro railway means the General Managerof thatrailway;or
(ii) a non-Government metro railway means the person who isthe owner or lessee of that metro railway or the person |working that metro railway under an arrangement with theowner or lesseeof thatmetro railway;“metro railway official”means any person employed by the —Central Government or by a metro railway administration in ~connectionwith theservicesof a metro railway;“National Capital Region” means the National Capital ‘Regionas defined in clause (f) of Section 2 of the National Capital ~Region Planning,Board Act, 1985 (2 of 1985);]
“non-Government metro railway” means a metro railway other Qthan a Government metro railway;-
“notification”means a notificationpublished in the OfficialFGazette; :
“pass” means. an authority given by the metro railway |administration or by an officer appointed by thatadministrationin thisbehalf,toa person allowinghim to travel2as a passenger on the metro railway, but does not include a :'ticket;.
 
1.Subs.byAct34of2009,Sec.7(i),forClause(h)(we.7-9-2009,vide8.0.2279(E),dated7th September, 2009). Clause (h), before substitution, stood as under:. :’ “(h).“metropolitan city of Delhi” means the area of the National Capital Territoryof aDelhi;’.
-2. Ins.by
2009).
a
Act34of2009,Sec.7(iii)(w.e.£.7-9-2009,vide$.0.2279(B),dated7thSeptember,.
(0) “prescribed”means prescribedby rulesmade by.the CentralGovernment under thisAct;(p) “railway”shallhave the meaning assignedto itin Clause (31)of Section2 of theRailwaysAct,1989 (24of 1989);(q) “regulations”means the tegulationsmade by the Governmentmetro railway administration under this Act:(r) “rolling Stock” includes locomotives, engines, carriages(whether powered or not),wagons, trolliesand vehiclesof allkindsmoving or intendedto move on rails;and(s) “telegraphline”shallhave themeaning assignedto itin clause(4)of Section3 of the Indian Telegraph Act, 1885 (13 of1885).(2) All other words and expressions used herein and not defined butdefined in the Metro Railways (Constructionof Works) Act, 1978 (33 of1978) shallhave the meanings, respectively,assigned to them in that Act.CHAPTER IIGOVERNMENT METRO RAILWAY ADMINISTRATION3. Constitution of: Government metro railway.—(1) The CentralGovernment may, for the purpose of efficientadministration of aGovernment metro railway, in the ‘[the National Capital Region,metropolitan city and metropolitan area],by notification,constitutesuchrailwaysas itmay deem fit. :(2) A Government metro railway administrationmay, for efficientperformance of itsfunctionsunder thisAct,appoint such officersand otheremployees as it considers necessary on such terms and conditions ofserviceas.may be determined by regulation.4. Appointment of General Manager.—(1) The Central Governmentshall,by notification,appoint a person to be the General Manager of aGovernment metro railway.
(2) The general superintendence and control of a Government metrorailway shallvest in the GeneralManager., COMMENTS esThe generalsuperintendenceand-controlof a Government metro railwayistovest in the General Manager to be appointed by the Central Government.
CHAPTER IIFUNCTIONS AND POWERS OF THE METRO RAILWAY
ADMINISTRATION5. Functions of metro railway administration—The functions of ametro railwayadministrationshallbe—(a) to maintain and operate metro railway, for public carriage ofpassengers, constructed in, upon, across, under or over anyland, building, street,road or.passage in the ‘[the NationalCapital Region, metropolitan cityand metropolitan area];and(b) to engage in any such other activitiesor perform such otherfunctions as may be considered necessary for the purpose ofthe operationand maintenanceof themetro railwayin the [theNational Capital Region, metropolitan city and metropolitanarea].
1. Subs. by Act 34 of 2009, Sec. 5, for “metropolitan city of Delhi” (w.e.f.7-9-2009, vide S.O.2279(E),dated 7th September, 2009).
 
3
 
COMMENTS
Metro railway administrationhas been empowered to maintain and operate
metro railway for public carriageof passengers and for the purpose of the
operation and maintenance of the metro railway to engage in any other necessaty
activities.
6. Powers of metro railway administration—(1)The metro railway
administrationshall have the power to do anything which may be
necessaryor expedientfor the purpose of carryingout itsfunctionsunder
the Act.
(2) Without prejudice to thegenerality of theforegoing provision,such
power shallincludethepower to—
(a) acquire,hold and dispose of allkinds of properties owned by
it,both movable and immovable;
(b) improve,develop or alterany propertyor assetheld by it;©
‘[(ba)develop any metro railwayland forcommercialuse;]
(bb) provide for carriageof passengers by integratedtransport
servicesor any other mode of transport;]
~ (c) enter temporarilyin or upon the lands adjoiningthe metro
railway alignment in ‘order to remove obstruction,or prevent
imminent danger from any source, such as tree,post or
structure,which may obstructthe movement of the rolling
__stock,or passengers,or the view of the signalprovided for
_ movement of the rollingstock;
(d) execute any lease or grant any licencein: respect of the
’ property held by it;
-(e) -enterinto,assignand rescindany coritractorobligation;
(f) employ an agent or contractorfor discharging itsfunctions,
(g) obtain licencefrom the Central Government to establishand
_ maintain telegraph lines;
.(h) lay down or place electricsupply lines for conveyance ‘arid
transmission of energy and to obtain licence for that purpose;
and
(i) do. all incidental acts as are nécessary for discharge of any
function conferred,‘orimposed, on it-bythisAct.
CHAPTER ‘IV
COMMISSIONER OF ‘METRO RAILWAY SAFETY
7.-Appointinent of Commissioner of Metro Railway Safety.—[1] The
CentralGoverritientmay appoint one or more Commissioners of Metro .
Railway Safety.
3[(2)The ‘Commissioner ‘shallfunction ‘under the administrativecontrol:
- of the Chief‘Cominissionerof Railway Safetyappointedunder Section5 of ©
the Railways Act, 1989 (24:of 1989):]
1. Ins.by Act 34 of2009, Sec. 8 (w.e-f.7-98-2009, vide S.O. 2279(E),dated 7th September, 2009).
2..Section 7 rénumbered as sub-section(1)‘thereofby |Act 34 of 2009, Sec.9 (w.e.f.7-9-2009,
vide$.O. 2279(E),dated 7th September, 3009).
3. Ins.by Act 34 of 2009,Sec.9 (weef. 7 9-2009,videS.O.2279(), ‘dated7th September, 2009).
Yy
8. Duties of Commissioner.—The Commissioner shall—(a) inspect the metro railway with a view to determine whether it' is fitto be opened forthe publiccarriageof passengersandteport thereon to the CentralGovernment. as requiredby orunder thisAct;
(b) make such periodicalor otherinspectionsof metro railway,itsrollingstock used thereon and’ itsother installationsas theCentral Government may direct;
(c) make an inquiryunder theprovisionsof thisAct intothecauseof any accidenton the metro railway;and(d) discharge such other duties as are conferred on him by or-under thisAct.
COMMENTS
publiccarriageof passengersand reportthereonto the CentralGovernment; (ii)make periodical inspections of metro railway, itsrollingstock used thereon andother installations;(iii)make an enquiry into the cause of any accidenton themetro railway;(iv)dischargeotherdutiesconferredon him.9. Powers of Commissioner.—Subject to the controlof the CentralGovernment, the Commissioner,whenever itisnecessaryso to do foranyof thepurposes of thisAct,may—
(a) enterupon and inspectthe metro railwayor any rollingstockused thereonand itsotherinstallations;
(b) by order in writing addressed to the metro railway' administration, require the attendance before him of metrorailway officialand to require answers or returns to suchenquiries as he thinks fit to make from such metro railwayofficialor from the metro railway administration; and(c) require the production of any book, document or materialobjectbelonging to or in the Possession or controlof any metrorailway administrationwhich appears to him to be necessary toinspect.
_ COMMENTSCommissioner of Metro Railway Safetyhas been empowered to (i)enteruponand inspect the metro railway or any rollingstock used thereon and its otherinstallations;(ii)require the attendance before him of metro railway officialand torequireanswers or returnsof such enquiriesas he thinksfitto make from such
possessionor controlof any metro railwayadministrationwhich appearsto him to€ necessary to inspect.
10. Commissioner to be public servant.—The Commissioner shall bedeemed to be a public servant within the meaning of Section 21 of.theIndian Penal Code (45 of 1860).
li. Facilitiesto be provided to Commissioner.—The metro tailwayadministration shall provide to the Commissioner all reasonable facilitiesfor the discharge of the duties or for the exerciseof the powers imposed orconferred on him by er under thisAct.
5
‘{12.Annual report.—The Chief Commissioner of Railway Safetyshall;for each financialyear,prepare in such form, and within such time, as maybe prescribed,an annual reportgivinga fullaccountof the activitiesof theCommissioners during the financial year immediately preceding thefinancialyear in which such reportisprepared and forward copiesthereofto the Central Government.]
13. Annual report to be laid before Parliament—The CentralGovernment shall cause the annual report of the *[ChiefCommissioner ofRailway Safety]to be laidafteritsreceiptbefore each House of Parliament.
CHAPTER V
OPENING OF METRO RAILWAY
__ 14. Sanction of Central Government to the opening of metrorailway.—The metro railway in the [the National Capital_ Region,metropolitan cityand metropolitan area] shallnot be opened. for the publiccarriage of passengers except with the previous sanction of the CentralGovernment. 7
15. Formalitiesto be complied with before giving sanction to theopening of metro railway.—(1) The Central Government shall,beforegiving itssanction to the opening of the metro railway under Section 14,obtaina reportfrom theCommissioner that— _(a) he has made a carefulinspectionof the metro railway and therollingstock thatmay be used thereon; ;(b) the moving andfixed dimensions as laid down by the CentralGovernment have not been infringed;
(c) the track structure, strength of bridges, standards. of signalling
system, tractionsystem, general structuralcharacter of civilworks and the size of, and maximum gross load upon, the
axles of any rollingstock, comply with the requirements laid —down by the Central Government; and
(d) in his opinion, metro railway can be opened for the publiccarriage of passengers without any danger to the public usingit. : “ %,
(2)IftheCommissioner isof the opinionthatthemetro railwaycannotbe opened without any danger to the public using it,he shall,in his report,_Statethe grounds therefor,as alsothe requirementswhich, in his opinion,are to be complied with before sanction is given by the CentralGovernment. =. =:(3) The Central Government, after considering the report of the |Commissioner, may sanction the opening of the metro railway under ‘:Section 14 as such .or subjectto such conditionsas may be considerednecessary by itfor the safetyof the public. ~ :
1. Subs. by Act 34 of 2009, Sec. 10, for Section 12 (w.e.f.7-9-2009, vide S.O. 2279(E), dated 7th.
September, 2009). Section 12, before Substitution, stood as under:
“12.Annual reportofCommissioner—The Commissioner shallprepare,in such formand in such time, for each financial year, as may be prescribed, an annual reportgiving a fullaccount of his activitiesduring the previous financialyear and forward_ copy thereofto the Central Government.”.
2. Subs. by Act 34 of 2009, Sec. 11, for “Commissioner” (w.e.f.7-9-2009,vide S.O. 2279(E),- dated 7th September, 2009). : :
3. Subs. by Act 34 of 2009, Sec. 5, for “metropolitan city of Delhi” (w.e.f.7-9-2009, vide 5.0.
2279(E),dated 7th September, 2009). : ;
6 :
16. Sections 14 and 15 to apply to the opening of certainworks.—The
provisionsof Sections14 and 15 shallapply to the opening:of thefollowingworks ifthey form part of,or are directlyconnectedwith,the
metro railway used for the publiccarriageof passengersand have been
constructedsubsequent to the giving of a reportby the Commissioner
under Section 15, namely:—
(a) opening of additionallinesof metro railway;
(b) opening of stationsand junctions;
(c) re-modeling of yards and re-buildingof bridges;and
(d) any alteration or reconstruction materially affecting- the
structuralcharacter of any work to which the provisions of
Sections14 and 15 apply or are extended by thissection.
17. Temporary suspension of traffic—When an accident has occurred
on the metro railway resultingin a temporary suspension of traffic,and
either the originaltracks and works have been restored to their original
standard or a temporary diversion has been laid for.the purpose of
restoringcommunication,the originaltracksand works so restored,or the
temporary diversion,as the case may be, may, without prior inspectionby
the Commissioner,be opened forthe publiccarriageof passengers,subject
to the following conditions,namely:—
(a) the metro railwayofficialin chargeof theworks undertakenby
reasonsof the accidenthas certifiedin writingthatthe opening
of the restored tracks and works, or of the temporary diversion
‘willnot in his opinion be attended with danger to the public;
and
(b) a notice of the opening of the tracks and works or the
diversion shallbe sent immediately to the Commissioner.
18. Power to close metro railway opened for public carriage of
passengers.—Where, afterthe inspectionof the metro railway opened and
used for the public carriage of passengers or any rollingstock used
thereon, the Commissioner is of the opinion that the use of the metro
railwayor of any rollingstockwillbe attendedwith danger to the public ~
using it,the Commissioner shallsend a reportto the CentralGovernment
who may thereupon directthat—
(i) the .metro railway be closed for the public carriage of
passengers;or
. (ii)theuse of therollingstockbe discontinued;or
(iii) ‘the metro railway or the rolling stock may be used for the
public carriage of passengers subjectto such conditions as it
may consider necessary for the safetyof the public:
19. Re-opening of closed metro -railway.—When — the— Central
Government has, under Section 18 directedthe closure of the metro
railway or the discontinuance of the use of any rollingstock—
(a) the metro railway shallnot be re-opened for the public carriage
of passengers untilithas been inspected by the Commissioner
and its re-opening is sanctioned in’ accordance with the
provisions of thisChapter; and “
(b) the rolling stock shall not be used until it has been inspected
by the Commissioner and itsre-use is sanctioned in accordance
with the provisionsof thisChapter.
OF,
 
20. Use of rollingstock.—The metro railway administrationmay use _
such rollingstock as itmay consider necessary for operation and working ~
of the metro railway:
Provided that before using any rolling stock of a design or type |
differentfrom thatalreadyrunning on any sectionof the metro railway,
the previous sanction of the Central Government shallbe obtained for such’
use:
Doe
Provided furtherthat before giving any such sanction,the Central
‘Government shallobtaina reportfrom theCommissioner thathe has made
a careful inspection of the’rollingstock and, in his opinion, such rolling
stock can be used.
21. Delegation of powers.—The Central Government may, by
notification,directthatany of itspowers or functionsunder thisChapter,
except power to make rule under Section22, shall,in relationto such
mattersand subjectto such conditions,ifany, as may be specifiedin the
notification,be exercisedor dischargedalsoby the Commissioner.
22. Power to make rules in respect of matters in this Chapter—
(1)The CentralGovernment may, by notification,make rulesto carryout
the provisions of thisChapter.
(2) In particular,and without prejudice to the generalityof the-
foregoing power, such rules may provide for all or any of the following.
matters,namely:—
(a) the duties of a metro railway administration and the.
Commissioner in regard to the opening of a metro railwayfor
‘thepubliccarriageof passengers;
(b) the. arrangements to be made for and the formalities to be
complied with beforeopening a metro railway for the public:
carriageof passengers, :
(c) for regulatingthe mode in which, and the speed at which
rollingstock used on metro railway is to be moved or
propelled;and ; 5
(d) the.cases in which and the extent to which the procedure:
provided in thisChapter may be dispensedwith.
, CHAPTER VI
. WORKING OF, THE METRO RAILWAY
23. Exhibition of faretables at stationand supply of tickets.—(1)The’
metro railway administrationshallcause to be pasted in a conspicuous and.
accessibleplace at every stationin ‘{Hindi,English and officiallanguage of
the State in which such stationis located]a tableof the fare chargeable for:
travellingfrom the stationto every place for which ticketsare issued to.
passengers.
:
(2) Any person desirous of travellingon the metro railway shall,upon.
ayment of fare, be issued with a ticket by the metro railway.
administrationor an agentauthorisedin thisbehalf. :
(3) The ticketissued under sub-section (2).shall indicate its value,
periodof validityand such otherparticularsas may beprescribed.
 
1. Subs. by Act 34 of 2009,Sec.12,for“Hindi and English” (w.e.£.7-9-2009,videS.O. 2279(E),
dated 7th September,2009).
:
. 3
COMMENTS
The metro railwayadministrationhas to displayat every railwaystationin
Hindi and Englisha tableof the farechargeablefortravellingfrom the stationto
every place for which ticketsare issued.Upon payment of fare,a ticketis to be
issuedand the ticketso issuedshallindicateitsvalue,periodof validityand other
prescribedparticulars.
24. Exhibition and surrender of pass and ticket——Every passenger
shall,on demand by any metro railwayofficialauthorisedin thisbehalf,
present his pass or ticketto such metro railway officialfor examination at
the beginning,or during or at the end of the journeyand surrendersuch
ticket,—
(a) at the end of journey ifthe ticketis for a singlejourney, or
(b) if such ticket is issued for a particular amount, on the
exhaustionof the amount forwhich the ticketwas issued.
‘25.Prohibition against travellingwithout pass or ticket.—No person
shallenter or remain in any carriageon the metro railway,for the purpose
of travellingtherein as a passenger, unless he has with him a proper pass
or ticket.
26. Carriage of goods.—(1) No person shall,while travellingin the
metro railway, carry with him any goods other than ‘[***]baggage
containing personal belongings not exceeding such volume and weight as
may be prescribed.
(2) Where any person travelson the metro railway in contravention of
- the provisions of sub-section(1),he shall,notwithstanding that he holds a
validpass or ticketforany travelin such railway,be liableto be removed
from the train by any metro railway officialauthorised by the metro
railwayadministrationin thisbehalfor by any otherperson whom such
metro railway officialmay callto his aid.
COMMENTS
Carriage of goods, other than a small baggage containing personal belongings
not exceeding prescribedvolume and weight, is prohibited.If.any person
contravenes this prohibition, he is liable to be removed from the train.
27. Prohibition against travellingof person suffering from infectious
or contagious diseases and powers to remove them.—(1) No person
sufferingfrom infectiousor contagious diseasesas may be prescribed,shall
travelby themetrorailway. .
(2)Any person travellingin contraventionof any rule made under sub-
section(1)shallbe liableto be removed from the metro railway.
COMMENTS :
Persons suffering from infectiousor contagious ‘diseases are prohibited to
travelby the metro railway.Any person who contravenesisliableto be removed
from the metro railway.
28. Communication between passengers and metro railway officials
in chargeof trains.—Themetro railwayadministrationshallprovide and
maintain in proper order, in any metro train,such efficientmeans of
communication between the passengers and the metro railway officialin
charge of the trainas may be approved by the Central Government.
1. The words “a small” omitted by Act 34 of 2009, Sec. 13 (w.e.f.7-9-2009, vide S.Q. 2279(E),
dated 7th September, 2009).
4
29. Right of metro railway administration to display commercial
advertisementson metro railwayor on the premises occupied by it-—The
metro railway administrationmay use itspremises, lands,buildings,posts,
bridges, structures, vehicles, rolling stock and other property for displaying :
commercial advertisementsand forthatpurpose may erector constructor
fixany hoardings,billboards,show cases,and such other thingsfor the’
display of posters or other publicitymaterials.
30. Carriage of dangerous or offensive material.—(1) No person shall
takeor cause tobe takenon themetro railwaysuch dangerous oroffensive
material as may be prescribed.
(2)Ifany metro railwayofficialhas reasontobelievethatany person is
carrying with him, in a containerof any form, or otherwise,any dangerous
or offensive material,he may cause such container to be opened by its
carrierforthepurposes of ascertainingitscontents.
(3)Any metro railwayofficialmay remove from themetro railwayany
person takingwith him any dangerous or offensivematerial.
COMMENTS
Carriageofdangerousor offensivematerialon themetrorailwayisprohibited.
The person carryingdangerous or offensivematerialisliableto be removed from
themetro railway.
31. Power to remove persons from metro railway and its carriages.—
Any person,enteringupon or intoany part of the metro railwaywithout
lawfulauthority,on being asked to leavethe metro railwayby.any metro 4
railwayofficial,does not leavetherefrom,may be removed from the metro
railway by such metro railway officialor by any other person whom such - }
metro railway officialmay callto his aid.
_ 32, Power to make rules.—(1) The Central Government may, by
notification,make rules to carry out the provisionsof thisChapter.
(2)Without prejudiceto the generalityof the foregoingpower, such
rulesmay provideforallor any of thefollowingmatters,namely:—
(a) the particulars of the ticket such as the value, the period of
validity and other.particularsunder sub-section (3) ‘of
» .Section23; A
(b) the volume and weight of baggage under sub-section(1) of 3
Section26; -
(c) diseaseswhich are infectiousor contagiousunder sub-section
_(1) of Section 27;
(d) material which is dangerous or offensive under sub-section (1)
of Section30;and
(e) generally,for regulatingthe travellingupon, and the use,
working and management of the metro railway.
(3) Every metro railway administrationshall keep at every stationon
itsmetro railway a copy of allthe rules made under thissectionand shall -
alsoallow any person to inspectitfreeof charge.
CHAPTER VII
FARE FIXATION .
33. Fixationof fare for carriageof passengers—The metro railway
administration shall,from time to time, on the recommendations made to it
lo
 
by the Fare Fixation Committee constituted under sub-section (1) of Section
34, fix,for the carriageof passengers,fare for travellingfrom one stationto
another of the metro railway:
Provided that the metro railway administrationmay fix the fare under
thissectionwithout recommendations of the Fare FixationCommittee on
the initialopening of the metro railway.
34. Constitution of Fare Fixation Committee—(1) The Central
Government may, from time to time, constitute a Fare Fixation Committee
for the purpose of recommending fare for the carriageof passengers by the
metro railway.
(2)The Fare FixationCommittee shallconsistdf a Chairman and two
other members.
(3)A person shallnot be qualifiedforappointmentas the Chairperson
unlesshe isor has been a Judge of a High Court.
41(4)The Central Government and the State Government shall nominate
"one member each to the Fare FixationComunittee:
Provided that a person who is or has been an Additional Secretary to
the Government of India or holds or has held an equivalentpost in the
Central Government or the State Government shall be qualified to be
nominated .as a member.] .
(5) A sitting Judge of a High Court shall be appointed after
consultationwith the Chief Justiceof thatHigh Court.
35. Other terms and conditions and procedure to be followed.—
(1) The other terms and conditions of the Fare Fixation:Committee, and the
procedure to be followed by that committee shall be such as may be
prescribed. ,
(2) The metro railway administration shall provide to the Fare Fixation
Committee allreasonable facilityfor the discharge of itsduties under this
Act.
.
36. Period for making recommendations.——The Fare Fixation
Committee shall submit its report along with recommendations to. the
metro railway administration within such period, not exceeding three
months, as may be specifiedby ordermade by the CentralGovernment.
37. Recommendations to be binding on metro railway
administration——The recommendations made by the Fare Fixation
Committee shallbe binding on the metro railway administration.
CHAPTER VIII
ACCIDENTS
38. Notice of metro railway accident.—(1) Where, in the course of
working a metro railway,— ,
1. Subs. by Act 34 of 2009, Sec. 14, for sub-section (4) (w.e.f.7-9-2009, vide $.O. 2279(E), dated
° 7th September, 2009).Sub-section(4),before substitution,stood as under: ©
“(4) One member each shallbe nominated by the Central Government and the
Government of theNationalCapitalTetritoryofDelhirespectively:
Provided that a person who is or has been an AdditionalSecretaryto the
Government ofIndiaorholdsany equivalentpostintheCentralGovernment shallbe
qualifiedto be nominated by the said Government.”.
nN
(a) ‘any accident attended with loss of any human life,or with
grievoushurt,as definedin the IndianPenal Code (45of 1860);
or
_ (b) any collisionbetween trains;or
(c) the derailmentof any traincarryingpassengers,or of any part
~ of such train;or
(d) any accidentof a descriptionusually attended with loss,of
human lifeor with such grievous hurt as aforesaid;or
(e)any accident of any other descriptionwhich the Central
Government may notifyin thisbehalf,
occurs, the metro railway officialin charge of the section of the metro
railwayon which the accidentoccurs,shall,without delay,give noticeof
the accident in such form and containing such particularsas may be ©
prescribedto the Deputy Commissioner and the Deputy Commissioner of
Police,within whose jurisdictionthe accident occurs, the officerin charge
of the police stationwithin the local limits.of which the accident occurs
and to such otherMagistrateor policeofficeras may be appointedin this
behalfby the CentralGovernment.
(2) The metro railway administration, within whose jurisdiction the ~~
accidentoccurs,shall,without delay,give noticeof the.accident to the
[State Government] and the Commissioner having jurisdictionover the —
placeof the accident.”-
39. Inquiry by Commissioner. —(1) On the receipt of a notice under
Section38.of the occurrenceof an accidentresulting.in lossof human life
or grievous,hurt causing totalor partialdisablement of permanent nature
to a passenger,the Commissioner shall,as soon as may be, notifythe
metro railwayadministrationin whose jurisdictionthe accidentoccurredof
‘his intentionto hold an inquiry into the causes that led to the accident and
shall at the:same’ time fix and communicate the date, time and_ place of
inquir 5
q Poided that itshallbe open to the Commissioner to hold an inquiry.
into any other accident which, in his opinion, requires the holding of such
an inquiry.
(2) If for any reason, the Commissioner is,not able to hold an inquiry
as soon as may be afterthe oceurrence of ‘theaccident,he shallnotify the
metro railway administrationaccordingly.
40. Inquiry by metro railway administration—Where no inquiry is
held by the Commissioner under sub-section(1)of Section 39 or where the
 
Commissioner has informed the metro railwayadministrationunder sub-. |
section(2) of that section that he is not able to hold an inquiry,the metro
railwayadministrationwithin whose jurisdictionthe accidentoccurs,shall
cause an inquiry to be made in accordance with the prescribed procedure.
41..Powers of Commissioner in relation to inquiries.—(1) For the
purpose of conducting an inquiry under this Chapter into the causes of
any accident,the Commissioner shall,in addition to the powers specified
in Section 9, have the powers as are vested in a CivilCourt while trying a
suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the
-following matters, namely:—
1, Subs. by Act 34 of 2009, Sec. 15, for “Government of the National Capital Territory of
Delhi” (w.e.f.7-9-2009,videS.O. 2279(E),dated 7th September, 2009).
Va
 
(a) summoning and enforcing the attendance of persons andexamining them on oath; oe
(b) requiringthe discoveryand productionof docurmétits;
- (c) receivingevidenceon affidavits;
(d) requisitioningany public record or copies thereoffrom any.court or office;and ,
(e) any othermatterwhichmay be prescribed..
(2)The Commissioner while conductingan inquiryunder thisChaptershallbe deemed to be.a CivilCourt for the.purposes of Section195 andChapterXXVIof theCode ofCriminalProcédure,1973(2of 1974).
42. Statement madeé before Commissioner.—No statementmade by aperson in the course of giving evidence in an inquiry before ‘theCommissioner shall subject him to, or be used against him, in any civil or
criminalproceeding,exceptin a prosecutionfor giving falseevidenceby_ such person: ,
Provided that thestatement is— _
(a) made in reply to a question which is required by the
Commissioner to answer;or
(b) relevantto the subjectmatterof theinquiry.
43. Procedure ‘for corductiig ‘inquiry—The metro railwayadministrationor the Commissioner ‘conductingan inquiry under this
Chapter may send notice of the inquiryto such persons,follow such' procedure,and preparethereportin such manner as may be prescribed.
44.No inquiry,investigation,¢tc.,to be made iftheCommissionof |Inquiry is appointed—Notwithstanding anything contained in theforegoingprovisionsof thisChapter,where a Commission of Inquiry isappointed under the Commissions ‘ofInquiryAct, 1952 (60 of 1952),toinquire into an accident,any inquiry,investigationor other proceeding=.
pending in relationto that accidentshallnot ‘beproceeded with, and all
recordsor otherdocumentsrelatingto suchiriquiryshallbe forwardedtosuch authorityas may be specifiedby the Central Govérnment in thisbehalf.- mo ee oo
45.Inquiryintoaccident‘notcoveredby Séction38.—Where anyaccidentof the nature not specifiedin Section38 occtirsin ‘the‘courseof
working themetro railway,the metro railwayadministrationwithin.whose
jurisdictionthe accidentoccurs,may ‘catisesuch inquiryto be made into
the causes ofthe accident,as may be prescribed. — .
_ 46,Returns.—Thetietro.railwayadministrationshallsénd to theCentral Government, a. return ‘of accidentsoccurring on its railway,
whether attendedwith injuryto any pérson or not,in such form andmanner and at such intervalsas may be ‘prescribed. :
47. Power to make rules in respect of matters in this Chapter.—
(1)The CentralGovernment may, by riotification,make rules‘tocarryoutthe‘provisionsof thisChapter.
  
3
 
(2) In particular,and without prejudiceto the generalityof the
foregoingpower, such rulesmay provide for allor any of the following :
- matters,namely:—
(a) the forms of notice of accidents to be given under Section 38_
and the particularsof the accidentsuch noticesshallcontain;
(b) the persons to whom noticesin respectof any inquiryunder -
thisChapter are to be sent,the procedure to be followed in
such inquiryand the manner in which a reportof such inquiry
shallbe prepared;
(c) the nature of inquiry to be made by the metro railway
administrationinto the causes of an accident under Section40;
(d) for conducting an inquiry under clause (e)of sub-section(1) of
Section 41;
(e) the procedure of,conducting inquiry and preparation of the
reportunder Section43;
(f) the making of an-inquiryintothe causesof the accidentunder
Section45;and
(g) ‘the form and manner of sending a return of accidents by th
metro railwayadministrationunder Section46. Oo
"CHAPTER IX |
CLAIMS COMMISSIONER
48. Claims Commissioner——The Central Government may, by
notification,appoint a Claims Commissioner for the purpose of
adjudicating upon claims for compensation in respect of accidents
involvingthe death of, or bodily injuryto person, or damage to any
propertyarisingout of theworking of themetro railway.
~COMMENTS
For the purpose of adjudicatingupon claimsfor compensation in respectof
accidentsinvolvingthe death of,or bodily injuryto person,or damage to any
propertyarisingout of the working of themetro railwaya Claims Commissioner is
to be appointed by the Central.Government.
49. Qualifications for appointment as Claims Commissioner—A
person shallnot be qualifiedfor appointment as Claims Commissioner
unlesshe-—-
(a) isor has been,or isqualifiedtobe,a Judge of a High Court;or
(b) has been a Member of the IndianLegal Serviceand has held a
postinGrade IofthatService;or
(c) has,for at leastthreeyears,held a civiljudicialpost carryinga
scaleof pay which isnot lessthan thatof a JointSecretaryto
the Government of India.
50. Term of office—The Claims Commissioner shallhold officeas
-suchfora term as may be specifiedby theCentralGovernment.
4
 
 
51. Resignation and, removal.—(1) The Claims Commissioner may, by
noticein writingunder his hand addressed to the CentralGovernment,
resignhis office. :
(2) The Claims Commissioner may be removed from his officeby an
orderof theCentralGovernment on the ground of proved misbehaviouror
incapacityafteran inquiry in which he had been informed -ofthe charges
against him and given a reasonable opportunity of being heard in respect
of those charges.
(3)The procedurefortheinvestigationof misbehaviouror incapacityof
the Claims Commissioner referredto in sub-section(2).be such as may be
prescribed. :
52. Salary and allowances and other conditions of service of Claims
Commissioner.—The salaryand allowances payable to,and the other terms
and conditionsofserviceof,theClaims Commissioner‘shallbe such as may
be prescribed:.
Provided that neither the salary and allowances nor the other terms
and conditionsof serviceof the Claims Commissioner shallbe varied to his
disadvantageafterhisappointment.
53. Procedure and powers of Claims Commissioner.—(1) The Claims
- Commissioner shallhaveall'the powers of a civilcourt for the purpose of
taking evidence on oath, enforcing attendance of witnesses and compelling
the discovery or production of documents and materialobjects.
(2)The Claims Commissioner shallbe deemed to be a civilcourt for all
the purposes of section 195 and Chapter XXVI of the Code of Criminal
Procedure, 1973 (2 of 1974).
(3) In enquiring into and determining any claims for payment of
compensation,the Claims Commissioner may, subjectto any rulesthatmay
be made in this behalf,follow such summary procedure as he may deem
fit. .
(4) Subject to any rules that may be made in. this behalf, the Claims
Commissioner may, for the purpose of determining any. claim for
compensation,choose one or more personspossessingspecialknowledge of
any matter relevantto the enquiry,to assisthim in holding the enquiry.
(5) The Claims Commissioner ‘shall.have powers to pass such interim
and final order as the circumstance may require, including orders”for
payment of costs.
54, Decision of Claims Commissioner—(1) Any question as to the
liabilityof the metro railway administrationto pay compensation or as to
the person to whom such compensation is payable, shallbe determined by
‘an order of the Claims Commissioner. «::
(2)Every order made under sub-section(1)shallbe final...
55. Savings as to certain rights.—(1) Notwithstanding anything
containedin any otherlaw forthe timebeing in force,where the death of,
or bodily injuryto,any person gives riseto a claim for compensation under
NS
this Act and also under any other law in force,the person entitledto
compensation may claim such compensation only once either under this
Act or under any other law in force.
_ (2) Nothing in sub-section (1) shallaffectthe right of any person tO
claim compensation payable under any contract or scheme providing for
compensation for death or personal injury or for damage to property:or
any sum payable under any policy of insurance.
56. Power to make rules.—(1) The Central Government may, by
notification,make rulesto carry out the provisionsof thisChapter.
(2) In particular,and without prejudice to the generality of the
foregoing power, such rulesmay provide for—
(i) the procedure for investigationof misbehaviour or incapacityof
the Claims Commissioner under sub-section (3) of section 51;
(ii)the salaryand allowancesand the otherterms and conditions
of service of the Claims Commissioner under section 52; and
(iii)any other purpose incidentalto or connected with the objectsof
thisChapter.
| CHAPTERX
LIABILITY OF METRO RAILWAY ADMINISTRATION
DUE TO ACCIDENTS
57. Extent of liability—The metro railway administrationshall,
notwithstanding anything contained in any other law, be liableto pay
compensation for loss occasioned by the death of, or bodily injury to any
person to such extent as may be prescribed.
58.Application for compensation.—An applicationfor compensation .
arisingout of an accidentmay be made to the Claims Commissioner by,—
(a) the person who has sustained the injuryor suffered any loss;or
(b) all or any of the dependants of the deceased where death has
: resulted from the accident; or
(c) an agent duly authorisedby the person injured or allor any of
the dependants of thedeceased,as thecasemay be: _
Provided that where all the dependants of the deceased
have not joined in any such applicationfor compensation, the
applicationshallbe made on behalfof or for the benefitof all
the dependants of the deceased and the dependants who have
“not so.joined, shall be.impleaded'as respondents to the
; application. : -
Explanation—For the purpose of thissection,the word “dependant”
shallhave the same meaning as given to itin clause (b) of section123 of
the Railways Act, 1989 (24 of.1989).. ae ge
\6
 
 
CHAPTER XT
OFFENCES AND PENALTIES
59. Drunkenness or nuisance on metro railway.—(1) If any person, in
any carriageor upon any part of the metro railway,—
(a) is ina state of intoxication;or
(b) commits any nuisance or vandalism or act of indecency, or uses
abusiveor obscenelanguage;or
(c) wilfullyor without excuse interferesin any way with the
comfort of any passenger,
he shallbe punishable with finewhich.may extend to fivehundred rupees
and shallalsobe liableto forfeitureof the farewhich he may have paid or
any pass or ticketwhich he may have obtained or purchased, or be
removed from such carriage or part by any metro railway official
authorisedby themetro railwayadministrationin thisbehalf.
(2) If any metro railway officialis in a stateof intoxicationwhile on
duty, he shallbe puriishablewith fine which may extend to two hundred
and fiftyrupees or, where the improper performance of the duty would be
likelyto endanger the safetyof any passenger travellingor being upon the
metro railway,with imprisonment for a term which may extend to two
years,or with finewhich may extend to fivehundred rupees, or with both.
'COMMENTS
If any person (i)is in a stateof intoxication;or (ii)commits any nuisance or
vandalism or act of indecency, or uses abusive or obscene language; or (iii)wilfully
or without excuse interferesin any way with the comfort of any passenger, he
shallbe punishable with fine upto five hundred rupees and shallalso be liableto
forfeitureof the fare or any pass or ticketor be removed from metro railway. If
any metro railwayofficialis in a stateof intoxicationwhile on duty,he shallbe
punishablewith fineupto two hundred and fiftyrupees or,where the improper
performance of the duty would be likelyto endanger. the safety of any passenger,
with imprisonment upto two years,or with fine upto fivehundred rupees, or with?.
both. ee
60. Penalty for taking or causing to take offensive material upon
metro railway.—(1) If, in contravention of sub-section (1) of section 30, a
person takes or causes to be taken any offensivematerial upon the metro
railway, he shall be punishable with fine which may extend to five
hundred rupees.
(2) In addition to the penalties specified in sub-section (1), a person
takes or causes to be taken any offensivematerial upon the metro railway
shall be responsible also for any loss,injury or damage which may be
caused by reason of such materialhaving been so brought upon the metro
railway.
COMMENTS
Taking or causingto takeoffensivematerialupon metro railwayispunishable
with fine upto five hundred rupees. The person who takes or causes to be taken
any offensivematerialshallalso be responsiblefor any loss,injuryor damage
causedby reasonof such materialhavingbeen brought on themetro railway.
+
 
 
carriage’or premises by any metro railway officialauthorised by themetro :
- any compartment,carriageor premisesrefusestodo so, shallbe punishable4
‘travelson the roof of a trainor persistsin travellingin any part of a train
      
      
   
  
   
 
   
  
    
  
   
 
  
          
  
61. Penalty for taking or causing to take dangerous material u

Excerpt shown. Open the full act in Lexace.

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