The Metro Railways (Operation and Maintenance) Act, 2002
Administered Ministry: Ministry of Housing and Urban Affairs
Section
Section 1 Short title, extent and commencement. 3 docs
1[(1) This Act may be called the Metro Railways (Operation and Maintenance) Act, 2002.
(2) It extends in the first instance 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 metropolitan city, except the metropolitan city of Calcutta, and with effect from such date as may be specified in that notification and thereupon the provisions of this Act shall apply to that metropolitan area or metropolitan city accordingly.
(3) It shall be deemed to have come into force on the 29th day of October, 2002.]
(2) It extends in the first instance 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 metropolitan city, except the metropolitan city of Calcutta, and with effect from such date as may be specified in that notification and thereupon the provisions of this Act shall apply to that metropolitan area or metropolitan city accordingly.
(3) It shall be deemed to have come into force on the 29th day of October, 2002.]
1. Subs. by s. 6, ibid., for sub-sections (1) and (2) (w.e.f. 7-9-2009).
Section 2 Definitions.
(1) In this Act, unless the context otherwise requires,--
1[(a) "Central Government", in relation to technical planning and safety of metro railways, means the Ministry of the Government of India dealing with Railways;
(aa) "Claims Commissioner" means a Claims Commissioner appointed under section 48;]
(b) "Commissioner" means the Commissioner of the Metro Railway Safety appointed under section 7;
(c) "development" with its grammatical variations means the carrying out of building, engineering, mining or 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 includes redevelopment;
(d) "electric supply-line" shall have the meaning assigned to it under clause (f) of section 2 of the Indian Electricity Act, 1910 (9 of 1910);
(e) "fare" means the charge levied for the carriage of passengers;
(f) "Government metro railway" means a metro railway owned by the Central Government;
(g) "land" includes any right or interest in any land;
2[(h) "metropolitan area" shall have the meaning assigned to it in clause (c) of article 243P of the Constitution;
(ha) "metropolitan city" means the metropolitan city of Bombay, Calcutta, Delhi or Madras;]
(i) "metro railway" means rail-guided mass rapid transit system having dedicated right-of-way, with steel wheel or rubber-tyred wheel coaches, but excluding tramways, for carriage of passengers, and includes--
(A) all land within the boundary marks indicating the limits of the land appurtenant to a metro railway,
(B) all rails tracks, sidings, yards or branches worked over for 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 constructed for the purpose of, or in connection with, a metro railway;
(j) "metro railway administration" in relation to--
(i) a Government metro railway means the General Manager of that railway; or
(ii) an on-Government metro railway means the person who is the owner or lessee of that metro railway or the person working that metro railway under an arrangement with the owner or lessee of that metro railway;
(k) "metro railway official" means any person employed by the Central Government or by a metro railway administration in connection with the services of a metro railway;
3[(ka) "National Capital Region" means the National Capital Region as defined in clause (f) of section 2 of the National Capital Region Planning Board Act, 1985 (2 of 1985);]
(l) "non-Government metro railway" means a metro railway other than a Government metro railway;
(m) "notification" means a notification published in the Official Gazette;
(n) "pass" means an authority given by the metro railway administration or by an officer appointed by that administration in this behalf, to a person allowing him to travel as a passenger on the metro railway, but does not include a ticket;
(o) "prescribed" means prescribed by rules made by the Central Government under this Act;
(p) "railway" shall have the meaning assigned to it in clause (31) of section 2 of the Railways Act, 1989 (24 of 1989);
(q) "regulations" means the regulations made by the Government metro railway administration under this Act;
(r) "rolling stock" includes locomotives, engines, carriages (whether powered or not), wagons, trollies and vehicles of all kinds moving or intended to move on rails; and
(s) "telegraph line" shall have the meaning assigned to it in clause (4) of section 3 of the Indian Telegraph Act, 1885 (13 of 1885).
(2) All other words and expressions used herein and not defined but defined in the Metro Railways (Construction of Works) Act, 1978 (33 of 1978) shall have the meanings, respectively, assigned to them in that Act.
1[(a) "Central Government", in relation to technical planning and safety of metro railways, means the Ministry of the Government of India dealing with Railways;
(aa) "Claims Commissioner" means a Claims Commissioner appointed under section 48;]
(b) "Commissioner" means the Commissioner of the Metro Railway Safety appointed under section 7;
(c) "development" with its grammatical variations means the carrying out of building, engineering, mining or 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 includes redevelopment;
(d) "electric supply-line" shall have the meaning assigned to it under clause (f) of section 2 of the Indian Electricity Act, 1910 (9 of 1910);
(e) "fare" means the charge levied for the carriage of passengers;
(f) "Government metro railway" means a metro railway owned by the Central Government;
(g) "land" includes any right or interest in any land;
2[(h) "metropolitan area" shall have the meaning assigned to it in clause (c) of article 243P of the Constitution;
(ha) "metropolitan city" means the metropolitan city of Bombay, Calcutta, Delhi or Madras;]
(i) "metro railway" means rail-guided mass rapid transit system having dedicated right-of-way, with steel wheel or rubber-tyred wheel coaches, but excluding tramways, for carriage of passengers, and includes--
(A) all land within the boundary marks indicating the limits of the land appurtenant to a metro railway,
(B) all rails tracks, sidings, yards or branches worked over for 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 constructed for the purpose of, or in connection with, a metro railway;
(j) "metro railway administration" in relation to--
(i) a Government metro railway means the General Manager of that railway; or
(ii) an on-Government metro railway means the person who is the owner or lessee of that metro railway or the person working that metro railway under an arrangement with the owner or lessee of that metro railway;
(k) "metro railway official" means any person employed by the Central Government or by a metro railway administration in connection with the services of a metro railway;
3[(ka) "National Capital Region" means the National Capital Region as defined in clause (f) of section 2 of the National Capital Region Planning Board Act, 1985 (2 of 1985);]
(l) "non-Government metro railway" means a metro railway other than a Government metro railway;
(m) "notification" means a notification published in the Official Gazette;
(n) "pass" means an authority given by the metro railway administration or by an officer appointed by that administration in this behalf, to a person allowing him to travel as a passenger on the metro railway, but does not include a ticket;
(o) "prescribed" means prescribed by rules made by the Central Government under this Act;
(p) "railway" shall have the meaning assigned to it in clause (31) of section 2 of the Railways Act, 1989 (24 of 1989);
(q) "regulations" means the regulations made by the Government metro railway administration under this Act;
(r) "rolling stock" includes locomotives, engines, carriages (whether powered or not), wagons, trollies and vehicles of all kinds moving or intended to move on rails; and
(s) "telegraph line" shall have the meaning assigned to it in clause (4) of section 3 of the Indian Telegraph Act, 1885 (13 of 1885).
(2) All other words and expressions used herein and not defined but defined in the Metro Railways (Construction of Works) Act, 1978 (33 of 1978) shall have the meanings, respectively, assigned to them in that Act.
1. Subs. by s. 7, ibid., for clause (a) (w.e.f. 7-9-2009).
2. Subs. by s. 7, ibid., for clause (h) (w.e.f. 7-9-2009).
3. Ins. by Act 34 of 2009, s. 7 (w.e.f. 7-9-2009).
2. Subs. by s. 7, ibid., for clause (h) (w.e.f. 7-9-2009).
3. Ins. by Act 34 of 2009, s. 7 (w.e.f. 7-9-2009).
Section 3 Constitution of Government metro railway.
(1) The Central Government may, for the purpose of efficient administration of a Government metro railway, in 1[the National Capital Region, metropolitan city and metropolitan area], by notification, constitute such railways as it may deem fit.
(2) A Government metro railway administration may, for efficient performance of its functions under this Act, appoint such officers and other employees as it considers necessary on such terms and conditions of service as may be determined by regulation.
(2) A Government metro railway administration may, for efficient performance of its functions under this Act, appoint such officers and other employees as it considers necessary on such terms and conditions of service as may be determined by regulation.
1. Subs. by s. 5, ibid., for "metropolitan city of Delhi" (w.e.f. 7-9-2009).
Section 4 Appointment of General Manager.
(1) The Central Government shall, by notification, appoint a person to be the General Manager of a Government metro railway.
(2) The general superintendence and control of a Government metro railway shall vest in the General Manager.
(2) The general superintendence and control of a Government metro railway shall vest in the General Manager.
Section 5 Functions of metro railway administration.
The functions of a metro railway administration shall be--
(a) to maintain and operate metro railway, for public carriage of passengers, constructed in, upon, across, under or over any land, building, street, road or passage in 1[the National Capital Region, metropolitan city and metropolitan area]; and
(b) to engage in any such other activities or perform such other functions as may be considered necessary for the purpose of the operation and maintenance of the metro railway in 1[the National Capital Region, metropolitan city and metropolitan area].
(a) to maintain and operate metro railway, for public carriage of passengers, constructed in, upon, across, under or over any land, building, street, road or passage in 1[the National Capital Region, metropolitan city and metropolitan area]; and
(b) to engage in any such other activities or perform such other functions as may be considered necessary for the purpose of the operation and maintenance of the metro railway in 1[the National Capital Region, metropolitan city and metropolitan area].
1 . Subs. by Act 34 of 2009, s. 5 for "metropolitan city of Delhi" (w.e.f. 7-9-2009).
Section 6 Powers of metro railway administration.
(1) The metro railway administration shall have the power to do anything which may be necessary or expedient for the purpose of carrying out its functions under the Act.
(2) Without prejudice to the generality of the foregoing provision, such power shall include the power to--
(a) acquire, hold and dispose of all kinds of properties owned by it, both movable and immovable;
(b) improve, develop or alter any property or asset held by it;
1[(ba) develop any metro railway land for commercial use;
(bb) provide for carriage of passengers by integrated transport services or any other mode of transport;]
(c) center temporarily in or upon the lands adjoining the metro railway alignment in order to remove obstruction, or prevent imminent danger from any source, such as tree, post or structure, which may obstruct the movement of the rolling stock, or passengers, or the view of the signal provided for movement of the rolling stock;
(d) execute any lease or grant any licence in respect of the property held by it;
(e) enter into, assign and rescind any contract or obligation;
(f) employ an agent or contractor for discharging its functions;
(g) obtain licence from the Central Government to establish and maintain telegraph lines;
(h) lay down or place electric supply lines for conveyance and transmission of energy and to obtain licence for that purpose; and
(i) do all incidental acts as are necessary for discharge of any function conferred, or imposed, on it by this Act.
(2) Without prejudice to the generality of the foregoing provision, such power shall include the power to--
(a) acquire, hold and dispose of all kinds of properties owned by it, both movable and immovable;
(b) improve, develop or alter any property or asset held by it;
1[(ba) develop any metro railway land for commercial use;
(bb) provide for carriage of passengers by integrated transport services or any other mode of transport;]
(c) center temporarily in or upon the lands adjoining the metro railway alignment in order to remove obstruction, or prevent imminent danger from any source, such as tree, post or structure, which may obstruct the movement of the rolling stock, or passengers, or the view of the signal provided for movement of the rolling stock;
(d) execute any lease or grant any licence in respect of the property held by it;
(e) enter into, assign and rescind any contract or obligation;
(f) employ an agent or contractor for discharging its functions;
(g) obtain licence from the Central Government to establish and maintain telegraph lines;
(h) lay down or place electric supply lines for conveyance and transmission of energy and to obtain licence for that purpose; and
(i) do all incidental acts as are necessary for discharge of any function conferred, or imposed, on it by this Act.
1. Ins. by s. 8, ibid. (w.e.f. 7-9-2009).
Section 7 Appointment of Commissioner of Metro Railway Safety. 10 docs
1[(1)] The Central Government may appoint one or more Commissioners of Metro Railway Safety.
2[(2) The Commissioner shall function under the administrative control of the Chief Commissioner of Railway Safety appointed under section 5 of the Railways Act, 1989 (24 of 1989).]
2[(2) The Commissioner shall function under the administrative control of the Chief Commissioner of Railway Safety appointed under section 5 of the Railways Act, 1989 (24 of 1989).]
1. S. 7 renumbered as sub-section (1) thereof by s. 9, ibid. (w.e.f. 7-9-2009).
2. Ins. by s. 9, ibid. (w. e. f. 7-9-2009).
2. Ins. by s. 9, ibid. (w. e. f. 7-9-2009).
Section 8 Duties of Commissioner.
The Commissioner shall--
(a) inspect the metro railway with a view to determine whether it is fit to be opened for the public carriage of passengers and report thereon to the Central Government as required by or under this Act;
(b) make such periodical or other inspections of metro railway, its rolling stock used thereon and its other installations as the Central Government may direct;
(c) make an inquiry under the provisions of this Act into the cause of any accident on the metro railway; and
(d) discharge such other duties as are conferred on him by or under this Act.
(a) inspect the metro railway with a view to determine whether it is fit to be opened for the public carriage of passengers and report thereon to the Central Government as required by or under this Act;
(b) make such periodical or other inspections of metro railway, its rolling stock used thereon and its other installations as the Central Government may direct;
(c) make an inquiry under the provisions of this Act into the cause of any accident on the metro railway; and
(d) discharge such other duties as are conferred on him by or under this Act.
Section 9 Powers of Commissioner.
Subject to the control of the Central Government, the Commissioner, whenever it is necessary so to do for any of the purposes of this Act, may--
(a) enter upon and inspect the metro railway or any rolling stock used thereon and its other installations;
(b) by order in writing addressed to the metro railway administration, require the attendance before him of metro railway official and to require answers or returns to such inquiries as he thinks fit to make from such metro railway official or from the metro railway administration; and
(c) require the production of any book, document or material object belonging to or in the possession or control of any metro railway administration which appears to him to be necessary to inspect.
(a) enter upon and inspect the metro railway or any rolling stock used thereon and its other installations;
(b) by order in writing addressed to the metro railway administration, require the attendance before him of metro railway official and to require answers or returns to such inquiries as he thinks fit to make from such metro railway official or from the metro railway administration; and
(c) require the production of any book, document or material object belonging to or in the possession or control of any metro railway administration which appears to him to be necessary to inspect.
Section 10 Commissioner to be public servant.
The Commissioner shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Section 11 Facilities to be provided to Commissioner.
The metro railway administration shall provide to the Commissioner all reasonable facilities for the discharge of the duties or for the exercise of the powers imposed or conferred on him by or under this Act.
Section 12 Annual report.
1[The Chief Commissioner of Railway Safety shall, for each financial year, prepare in such form, and within such time, as may be prescribed, an annual report giving a full account of the activities of the Commissioners during the financial year immediately preceding the financial year in which such report is prepared and forward copies thereof to the Central Government.]
1. Subs. by Act 34 of 2009, s. 10, for section 12 (w.e.f. 7-9-2009).
Section 13 Annual report to be laid before Parliament.
The Central Government shall cause the annual report of the 1[Chief Commissioner of Railway Safety] to be laid after its receipt before each House of Parliament.
1. Subs. by s. 11, ibid., for "Commissioner" (w.e.f. 7-9-2009).
Section 14 Sanction of Central Government to the opening of metro railway.
The metro railway in the 1[the National Capital Region, metropolitan city and metropolitan area] shall not be opened for the public carriage of passengers except with the previous sanction of the Central Government.
1. Subs. by s. 5, ibid., for "metropolitan city of Delhi" (w.e.f. 7-9-2009).
Section 15 Formalities to be complied with before giving sanction to the opening of metro railway.
(1) The Central Government shall, before giving its sanction to the opening of the metro railway under section 14, obtain a report from the Commissioner that--
(a) he has made a careful inspection of the metro railway and the rolling stock that may be used thereon;
(b) the moving and fixed dimensions as laid down by the Central Government have not been infringed;
(c) the track structure, strength of bridges, standards of signalling system, traction system, general structural character of civil works and the size of, and maximum gross load upon, the axles of any rolling stock, comply with the requirements laid down by the Central Government; and
(d) in his opinion, metro railway can be opened for the public carriage of passengers without any danger to the public using it.
(2) If the Commissioner is of the opinion that the metro railway cannot be opened without any danger to the public using it, he shall, in his report, state the grounds therefor, as also the requirements which, in his opinion, are to be complied with before sanction is given by the Central Government.
(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 subject to such conditions as may be considered necessary by it for the safety of the public.
(a) he has made a careful inspection of the metro railway and the rolling stock that may be used thereon;
(b) the moving and fixed dimensions as laid down by the Central Government have not been infringed;
(c) the track structure, strength of bridges, standards of signalling system, traction system, general structural character of civil works and the size of, and maximum gross load upon, the axles of any rolling stock, comply with the requirements laid down by the Central Government; and
(d) in his opinion, metro railway can be opened for the public carriage of passengers without any danger to the public using it.
(2) If the Commissioner is of the opinion that the metro railway cannot be opened without any danger to the public using it, he shall, in his report, state the grounds therefor, as also the requirements which, in his opinion, are to be complied with before sanction is given by the Central Government.
(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 subject to such conditions as may be considered necessary by it for the safety of the public.
Section 16 Sections 14 and 15 to apply to the opening of certain works.
The provisions of sections 14 and 15 shall apply to the opening of the following works if they form part of, or are directly connected with, the metro railway used for the public carriage of passengers and have been constructed subsequent to the giving of a report by the Commissioner under section 15, namely:--
(a) opening of additional lines of metro railway;
(b) opening of stations and junctions;
(c) re-modelling of yards and re-building of bridges; and
(d) any alteration or reconstruction materially affecting the structural character of any work to which the provisions of sections 14 and 15 apply or are extended by this section.
(a) opening of additional lines of metro railway;
(b) opening of stations and junctions;
(c) re-modelling of yards and re-building of bridges; and
(d) any alteration or reconstruction materially affecting the structural character of any work to which the provisions of sections 14 and 15 apply or are extended by this section.
Section 17 Temporary suspension of traffic.
When an accident has occurred on the metro railway resulting in a temporary suspension of traffic, and either the original tracks and works have been restored to their original standard or a temporary diversion has been laid for the purpose of restoring communication, the original tracks and works so restored, or the temporary diversion, as the case may be, may, without prior inspection by the Commissioner, be opened for the public carriage of passengers, subject to the following conditions, namely:--
(a) the metro railway official in charge of the works undertaken by reasons of the accident has certified in writing that the opening of the restored tracks and works, or of the temporary diversion will not 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 shall be sent immediately to the Commissioner.
(a) the metro railway official in charge of the works undertaken by reasons of the accident has certified in writing that the opening of the restored tracks and works, or of the temporary diversion will not 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 shall be sent immediately to the Commissioner.
Section 18 Power to close metro railway opened for public carriage of passengers.
Where, after the inspection of the metro railway opened and used for the public carriage of passengers or any rolling stock used thereon, the Commissioner is of the opinion that the use of the metro railway or of any rolling stock will be attended with danger to the public using it, the Commissioner shall send a report to the Central Government who may thereupon direct that--
(i) the metro railway be closed for the public carriage of passengers; or
(ii) the use of the rolling stock be discontinued; or
(iii) the metro railway or the rolling stock may be used for the public carriage of passengers subject to such conditions as it may consider necessary for the safety of the public.
(i) the metro railway be closed for the public carriage of passengers; or
(ii) the use of the rolling stock be discontinued; or
(iii) the metro railway or the rolling stock may be used for the public carriage of passengers subject to such conditions as it may consider necessary for the safety of the public.
Section 19 Re-opening of closed metro railway.
When the Central Government has, under section 18 directed the closure of the metro railway or the discontinuance of the use of any rolling stock--
(a) the metro railway shall not be re-opened for the public carriage of passengers until it has been inspected by the Commissioner and its re-opening is sanctioned in accordance with the provisions of this Chapter; and
(b) the rolling stock shall not be used until it has been inspected by the Commissioner and its reuse is sanctioned in accordance with the provisions of this Chapter.
(a) the metro railway shall not be re-opened for the public carriage of passengers until it has been inspected by the Commissioner and its re-opening is sanctioned in accordance with the provisions of this Chapter; and
(b) the rolling stock shall not be used until it has been inspected by the Commissioner and its reuse is sanctioned in accordance with the provisions of this Chapter.
Section 20 Use of rolling stock.
The metro railway administration may use such rolling stock as it may consider necessary for operation and working of the metro railway:
Provided that before using any rolling stock of a design or type different from that already running on any section of the metro railway, the previous sanction of the Central Government shall be obtained for such use:
Provided further that before giving any such sanction, the Central Government shall obtain a report from the Commissioner that he has made a careful inspection of the rolling stock and, in his opinion, such rolling stock can be used.
Provided that before using any rolling stock of a design or type different from that already running on any section of the metro railway, the previous sanction of the Central Government shall be obtained for such use:
Provided further that before giving any such sanction, the Central Government shall obtain a report from the Commissioner that he has made a careful inspection of the rolling stock and, in his opinion, such rolling stock can be used.