The Metro Railways (Operation and Maintenance) Act, 2002
Administered Ministry: Ministry of Housing and Urban Affairs
Section
Section 21 Delegation of powers.
The Central Government may, by notification, direct that any of its powers or functions under this Chapter, except power to make rule under section 22, shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercised or discharged also by the Commissioner.
Section 22 Power to make rules in respect of matters in this Chapter. 4 docs
(1) The Central Government may, by notification, make rules to carry out the provisions of this Chapter.
(2) In particular, and without prejudice to the generality of 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 railway for the public carriage of passengers;
(b) the arrangements to be made for and the formalities to be complied with before opening a metro railway for the public carriage of passengers;
(c) for regulating the mode in which, and the speed at which rolling stock used on metro railway is to be moved or propelled; and
(d) the cases in which and the extent to which the procedure provided in this Chapter may be dispensed with.
(2) In particular, and without prejudice to the generality of 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 railway for the public carriage of passengers;
(b) the arrangements to be made for and the formalities to be complied with before opening a metro railway for the public carriage of passengers;
(c) for regulating the mode in which, and the speed at which rolling stock used on metro railway is to be moved or propelled; and
(d) the cases in which and the extent to which the procedure provided in this Chapter may be dispensed with.
Section 23 Exhibition of fare tables at station and supply of tickets.
(1) The metro railway administration shall cause to be pasted in a conspicuous and accessible place at every station in 1[Hindi, English and official language of the State in which such station is located] a table of the fare chargeable for traveling from the station to every place for which tickets are issued to passengers.
(2) Any person desirous of travelling on the metro railway shall, upon payment of fare, be issued with a ticket by the metro railway administration or an agent authorised in this behalf.
(3) The ticket issued under sub-section (2) shall indicate its value, period of validity and such other particulars as may be prescribed.
(2) Any person desirous of travelling on the metro railway shall, upon payment of fare, be issued with a ticket by the metro railway administration or an agent authorised in this behalf.
(3) The ticket issued under sub-section (2) shall indicate its value, period of validity and such other particulars as may be prescribed.
1 Subs. by Act 34 of 2009, s. 12, for "Hindi and English" (w.e.f. 7-9-2009).
Section 24 Exhibition and surrender of pass and ticket.
Every passenger shall, on demand by any metro railway official authorised in this behalf, present his pass or ticket to such metro railway official for examination at the beginning, or during or at the end of the journey and surrender such ticket,--
(a) at the end of journey if the ticket is for a single journey, or
(b) if such ticket is issued for a particular amount, on the exhaustion of the amount for which the ticket was issued.
(a) at the end of journey if the ticket is for a single journey, or
(b) if such ticket is issued for a particular amount, on the exhaustion of the amount for which the ticket was issued.
Section 25 Prohibition against travelling without pass or ticket.
No person shall enter or remain in any carriage on the metro railway, for the purpose of travelling therein as a passenger, unless he has with him a proper pass or ticket.
Section 26 Carriage of goods.
(1) No person shall, while travelling in the metro railway, carry with him any goods other than 1*** baggage containing personal belongings not exceeding such volume and weight as may be prescribed.
(2) Where any person travels on the metro railway in contravention of the provisions of sub-section (1), he shall, notwithstanding that he holds a valid pass or ticket for any travel in such railway, be liable to be removed from the train by any metro railway official authorised by the metro railway administration in this behalf or by any other person whom such metro railway official may call to his aid.
(2) Where any person travels on the metro railway in contravention of the provisions of sub-section (1), he shall, notwithstanding that he holds a valid pass or ticket for any travel in such railway, be liable to be removed from the train by any metro railway official authorised by the metro railway administration in this behalf or by any other person whom such metro railway official may call to his aid.
1. The words "a small" omitted by s. 13, ibid. (w.e.f. 7-9-2009).
Section 27 Prohibition against travelling of person suffering from infectious or contagious diseases and powers to remove them.
(1) No person suffering from infectious or contagious diseases as may be prescribed, shall travel by the metro railway.
(2) Any person travelling in contravention of any rule made under sub-section (1) shall be liable to be removed from the metro railway.
(2) Any person travelling in contravention of any rule made under sub-section (1) shall be liable to be removed from the metro railway.
Section 28 Communication between passengers and metro railway officials in charge of trains.
The metro railway administration shall provide and maintain in proper order, in any metro train, such efficient means of communication between the passengers and the metro railway official in charge of the train as may be approved by the Central Government.
Section 29 Right of metro railway administration to display commercial advertisements on metro railway or on the premises occupied by it.
The metro railway administration may use its premises, lands, buildings, posts, bridges, structures, vehicles, rolling stock and other property for displaying commercial advertisements and for that purpose may erect or construct or fix any hoardings, billboards, show cases, and such other things for the display of posters or other publicity materials.
Section 30 Carriage of dangerous or offensive material.
(1) No person shall take or cause to be taken on the metro railway such dangerous or offensive material as may be prescribed.
(2) If any metro railway official has reason to believe that any person is carrying with him, in a container of any form, or otherwise, any dangerous or offensive material, he may cause such container to be opened by its carrier for the purposes of ascertaining its contents.
(3) Any metro railway official may remove from the metro railway any person taking with him any dangerous or offensive material.
(2) If any metro railway official has reason to believe that any person is carrying with him, in a container of any form, or otherwise, any dangerous or offensive material, he may cause such container to be opened by its carrier for the purposes of ascertaining its contents.
(3) Any metro railway official may remove from the metro railway any person taking with him any dangerous or offensive material.
Section 31 Power to remove persons from metro railway and its carriages.
Any person, entering upon or into any part of the metro railway without lawful authority, on being asked to leave the metro railway by any metro railway official, does not leave therefrom, may be removed from the metro railway by such metro railway official or by any other person whom such metro railway official may call to his aid.
Section 32 Power to make rules. 2 docs
(1) The Central Government may, by notification, make rules to carry out the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the particulars of the ticket such as the value, the period of validity and other particulars under sub-section (3) of section 23;
(b) the volume and weight of baggage under sub-section (1) of section 26;
(c) diseases which are infectious or contagious under sub-section (1) of section 27;
(d) material which is dangerous or offensive under sub-section (1) of section 30; and
(e) generally, for regulating the travelling upon, and the use, working and management of the metro railway.
(3) Every metro railway administration shall keep at every station on its metro railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the particulars of the ticket such as the value, the period of validity and other particulars under sub-section (3) of section 23;
(b) the volume and weight of baggage under sub-section (1) of section 26;
(c) diseases which are infectious or contagious under sub-section (1) of section 27;
(d) material which is dangerous or offensive under sub-section (1) of section 30; and
(e) generally, for regulating the travelling upon, and the use, working and management of the metro railway.
(3) Every metro railway administration shall keep at every station on its metro railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge.
Section 33 Fixation of fare for carriage of passengers.
The metro railway administration shall, from time to time, on the recommendations made to it by the Fare Fixation Committee constituted under sub-section (1) of section 34, fix, for the carriage of passengers, fare for travelling from one station to another of the metro railway:
Provided that the metro railway administration may fix the fare under this section without recommendations of the Fare Fixation Committee on the initial opening of the metro railway.
Provided that the metro railway administration may fix the fare under this section without recommendations of the Fare Fixation Committee on the initial opening of the metro railway.
Section 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 carriage of passengers by the metro railway.
(2) The Fare Fixation Committee shall consist of a Chairperson and two other members.
(3) A person shall not be qualified for appointment as the Chairperson unless he is or has been a Judge of a High Court.
1[(4) The Central Government and the State Government shall nominate one member each to the Fare Fixation Committee:
Provided that a person who is or has been an Additional Secretary to the Government of India or holds or has held an equivalent post 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 consultation with the Chief Justice of that High Court.
(2) The Fare Fixation Committee shall consist of a Chairperson and two other members.
(3) A person shall not be qualified for appointment as the Chairperson unless he is or has been a Judge of a High Court.
1[(4) The Central Government and the State Government shall nominate one member each to the Fare Fixation Committee:
Provided that a person who is or has been an Additional Secretary to the Government of India or holds or has held an equivalent post 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 consultation with the Chief Justice of that High Court.
1 . Subs. by Act 34 of 2009, s. 14, for sub-section (4) (w.e.f. 7-9-2009).
Section 35 Other terms and conditions and procedure to be followed. 1 docs
(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 all reasonable facility for the discharge of its duties under this Act.
(2) The metro railway administration shall provide to the Fare Fixation Committee all reasonable facility for the discharge of its duties under this Act.
Section 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 specified by order made by the Central Government.
Section 37 Recommendations to be binding on metro railway administration.
The recommendations made by the Fare Fixation Committee shall be binding on the metro railway administration.
Section 38 Notice of metro railway accident.
(1) Where, in the course of working a metro railway,--
(a) any accident attended with loss of any human life, or with grievous hurt, as defined in the Indian Penal Code (45 of 1860); or
(b) any collision between trains; or
(c) the derailment of any train carrying passengers, or of any part of such train; or
(d) any accident of a description usually attended with loss of human life or with such grievous hurt as aforesaid; or
(e) any accident of any other description which the Central Government may notify in this behalf,
occurs, the metro railway official in charge of the section of the metro railway on which the accident occurs, shall, without delay, give notice of the accident in such form and containing such particulars as may be prescribed to the Deputy Commissioner and the Deputy Commissioner of Police, within whose jurisdiction the accident occurs, the officer in charge of the police station within the local limits of which the accident occurs and to such other Magistrate or police officer as may be appointed in this behalf by the Central Government.
(2) The metro railway administration, within whose jurisdiction the accident occurs, shall, without delay, give notice of the accident to the 1[State Government] and the Commissioner having jurisdiction over the place of the accident.
(a) any accident attended with loss of any human life, or with grievous hurt, as defined in the Indian Penal Code (45 of 1860); or
(b) any collision between trains; or
(c) the derailment of any train carrying passengers, or of any part of such train; or
(d) any accident of a description usually attended with loss of human life or with such grievous hurt as aforesaid; or
(e) any accident of any other description which the Central Government may notify in this behalf,
occurs, the metro railway official in charge of the section of the metro railway on which the accident occurs, shall, without delay, give notice of the accident in such form and containing such particulars as may be prescribed to the Deputy Commissioner and the Deputy Commissioner of Police, within whose jurisdiction the accident occurs, the officer in charge of the police station within the local limits of which the accident occurs and to such other Magistrate or police officer as may be appointed in this behalf by the Central Government.
(2) The metro railway administration, within whose jurisdiction the accident occurs, shall, without delay, give notice of the accident to the 1[State Government] and the Commissioner having jurisdiction over the place of the accident.
1 Subs. by s. 15, ibid., for "Government of the National Capital Territory of Delhi" (w.e.f. 7-9-2009).
Section 39 Inquiry by Commissioner.
(1) On the receipt of a notice under section 38 of the occurrence of an accident resulting in loss of human life or grievous hurt causing total or partial disablement of permanent nature to a passenger, the Commissioner shall, as soon as may be, notify the metro railway administration in whose jurisdiction the accident occurred of his intention to 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 inquiry:
Provided that it shall be 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 after the occurrence of the accident, he shall notify the metro railway administration accordingly.
Provided that it shall be 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 after the occurrence of the accident, he shall notify the metro railway administration accordingly.
Section 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 railway administration under sub-section (2) of that section that he is not able to hold an inquiry, the metro railway administration within whose jurisdiction the accident occurs, shall cause an inquiry to be made in accordance with the prescribed procedure.