The Metro Railways (Construction of Works) Act, 1978

Administered Ministry: Ministry of Housing and Urban Affairs

Act details

Short titleThe Metro Railways (Construction of Works) Act, 1978
Long titleAn Act to provide for the construction of works relating to metro railways in the metropolitan cities and for matters connected therewith.
Act number33 of 1978
Act year1978
Enactment date21 Aug 1978
MinistryMinistry of Housing and Urban Affairs
JurisdictionCentral (Parliament of India)
Sections49
Schedules1
StatusNot repealed
Last checked on India Code2 Nov 2026
SourceIndia Code, Government of India

Summary

Summary of the Metro Railways (Construction of Works) Act, 1978
Overview
• Act Name: Metro Railways (Construction of Works) Act, 1978
• Enactment: By Parliament in the Twenty-ninth Year of the Republic of India
• Application Scope: Initially for metropolitan areas like Calcutta, with provisions for extension by the Central Government
Key Provisions Summary
1. Definitions & Governance
• Defines critical terms and establishes the metro railway administration's structure.
2. Construction & Operational Powers
• Grants authority for constructing metro railways, associated works, and regulating development near alignments.
3. Development & Safety Regulations
• Mandates approval for developments near metro alignments and regulates/prohibits constructions for safety.
4. Compensation & Liability
• Outlines procedures for determining and claiming compensation for damages or losses.
5. Administrative & Oversight Mechanisms
• Details the roles of the Central Government and the metro railway administration in governance and operation.
Administration and Governance
• Central Oversight: Appoints authorities and extends the Act's application to other areas.
• Metro Railway Administration: Manages construction, maintenance, and operation, with specified powers and responsibilities.

Legislative history

Legislative History:

The Metro Railways (Construction of Works) Act, 1978

● Act Title - The Metro Railways (Construction of Works) Act, 1978

● Act Number / Year - 33 of 1978

● Act ID (India Code) - 197833

● Presidential Assent Date - August 21, 1978

● Enforcement Date - February 1, 1979

● Nodal Ministry - Ministry of Housing and Urban Affairs

Precedent & Historical Rationale

● Development of India's First Rapid Transit System - Enacted to provide a legal framework for the construction of India's first underground rapid transit system, the Kolkata Metro (then Calcutta Metro), which was initiated in the 1970s.

● Statutory Machinery for Urban Rail Infrastructure - Formulated to grant powers for land acquisition, tunneling, execution of civil works, entry into private properties for survey/construction, and payment of compensation to property owners affected by metro construction works, as existing general railway laws (such as the Indian Railways Act, 1890) were ill-equipped for underground urban transit projects.

Parliamentary Trajectory & Enactment

● Formulation - Introduced by the Union Ministry of Railways to create a specialized statutory mechanism governing land acquisition and construction activities for metropolitan rail projects.

● Parliamentary Passage - Debated and passed by both Houses of Parliament (Sixth Lok Sabha and Rajya Sabha) during the monsoon session in July–August 1978.

● Presidential Assent - Received Presidential Assent on August 21, 1978.

● Enforcement - Enforced on February 1, 1979.

Source - Official Record of Parliament, India Code, and Ministry of Housing and Urban Affairs.