The Metro Railways (Operation and Maintenance) Act, 2002
Administered Ministry: Ministry of Housing and Urban Affairs
Section
Section 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 Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of persons and examining them on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any court or office; and
(e) any other matter which may be prescribed.
(2) The Commissioner while conducting an inquiry under this Chapter shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
(a) summoning and enforcing the attendance of persons and examining them on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any court or office; and
(e) any other matter which may be prescribed.
(2) The Commissioner while conducting an inquiry under this Chapter shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
Section 42 Statement made before Commissioner.
No statement made by a person in the course of giving evidence in an inquiry before the Commissioner shall subject him to, or be used against him, in any civil or criminal proceeding, except in a prosecution for giving false evidence by such person:
Provided that the statement is--
(a) made in reply to a question which is required by the Commissioner to answer; or
(b) relevant to the subject matter of the inquiry.
Provided that the statement is--
(a) made in reply to a question which is required by the Commissioner to answer; or
(b) relevant to the subject matter of the inquiry.
Section 43 Procedure for conducting inquiry.
The metro railway administration or the Commissioner conducting an inquiry under this Chapter may send notice of the inquiry to such persons, follow such procedure, and prepare the report in such manner as may be prescribed.
Section 44 No inquiry, investigation, etc., to be made if the Commission of Inquiry is appointed.
Notwithstanding anything contained in the foregoing provisions of this Chapter, where a Commission of Inquiry is appointed under the Commissions of Inquiry Act, 1952 (60 of 1952), to inquire into an accident, any inquiry, investigation or other proceeding pending in relation to that accident shall not be proceeded with, and all records or other documents relating to such inquiry shall be forwarded to such authority as may be specified by the Central Government in this behalf.
Section 45 Inquiry into accident not covered by section 38.
Where any accident of the nature not specified in section 38 occurs in the course of working the metro railway, the metro railway administration within whose jurisdiction the accident occurs, may cause such inquiry to be made into the causes of the accident, as may be prescribed.
Section 46 Returns.
The metro railway administration shall send to the Central Government a return of accidents occurring on its railway, whether attended with injury to any person or not, in such form and manner and at such intervals as may be prescribed.
Section 47 Power to make rules in respect of matters in this Chapter.
(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 forms of notice of accidents to be given under section 38 and the particulars of the accident such notices shall contain;
(b) the persons to whom notices in respect of any inquiry under this Chapter are to be sent, the procedure to be followed in such inquiry and the manner in which a report of such inquiry shall be prepared;
(c) the nature of inquiry to be made by the metro railway administration into the causes of an accident under section 40;
(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 report under section 43;
(f) the making of an inquiry into the causes of the accident under section 45; and
(g) the form and manner of sending a return of accidents by the metro railway administration under section 46.
(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 forms of notice of accidents to be given under section 38 and the particulars of the accident such notices shall contain;
(b) the persons to whom notices in respect of any inquiry under this Chapter are to be sent, the procedure to be followed in such inquiry and the manner in which a report of such inquiry shall be prepared;
(c) the nature of inquiry to be made by the metro railway administration into the causes of an accident under section 40;
(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 report under section 43;
(f) the making of an inquiry into the causes of the accident under section 45; and
(g) the form and manner of sending a return of accidents by the metro railway administration under section 46.
Section 48 Claims Commissioner. 2 docs
The Central Government may, by notification, appoint a Claims Commissioner for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to person, or damage to any property arising out of the working of the metro railway.
Section 49 Qualifications for appointment as Claims Commissioner.
A person shall not be qualified for appointment as Claims Commissioner unless he--
(a) is or has been, or is qualified to be, a Judge of a High Court; or
(b) has been a Member of the Indian Legal Service and has held a post in Grade I of that Service; or
(c) has, for at least three years, held a civil judicial post carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India.
(a) is or has been, or is qualified to be, a Judge of a High Court; or
(b) has been a Member of the Indian Legal Service and has held a post in Grade I of that Service; or
(c) has, for at least three years, held a civil judicial post carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India.
Section 50 Term of office.
The Claims Commissioner shall hold office as such for a term as may be specified by the Central Government.
Section 51 Resignation and removal. 1 docs
(1) The Claims Commissioner may, by notice in writing under his hand addressed to the Central Government, resign his office.
(2) The Claims Commissioner may be removed from his office by an order of the Central Government on the ground of proved misbehaviour or incapacity after an inquiry in which he had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
(3) The procedure for the investigation of misbehaviour or incapacity of the Claims Commissioner referred to in sub-section (2) be such as may be prescribed.
(2) The Claims Commissioner may be removed from his office by an order of the Central Government on the ground of proved misbehaviour or incapacity after an inquiry in which he had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
(3) The procedure for the investigation of misbehaviour or incapacity of the Claims Commissioner referred to in sub-section (2) be such as may be prescribed.
Section 52 Salary and allowances and other conditions of service of Claims Commissioner.
The salary and allowances payable to, and the other terms and conditions of service of, the Claims Commissioner shall be such as may be prescribed:
Provided that neither the salary and allowances nor the other terms and conditions of service of the Claims Commissioner shall be varied to his disadvantage after his appointment.
Provided that neither the salary and allowances nor the other terms and conditions of service of the Claims Commissioner shall be varied to his disadvantage after his appointment.
Section 53 Procedure and powers of Claims Commissioner. 1 docs
(1) The Claims Commissioner shall have all the powers of a civil court for the purpose of taking evidence on oath, enforcing attendance of witnesses and compelling the discovery or production of documents and material objects.
(2) The Claims Commissioner shall be deemed to be a civil court 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, subject to any rules that may 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 persons possessing special knowledge of any matter relevant to the enquiry, to assist him 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.
(2) The Claims Commissioner shall be deemed to be a civil court 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, subject to any rules that may 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 persons possessing special knowledge of any matter relevant to the enquiry, to assist him 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.
Section 54 Decision of Claims Commissioner.
(1) Any question as to the liability of the metro railway administration to pay compensation or as to the person to whom such compensation is payable, shall be determined by an order of the Claims Commissioner.
(2) Every order made under sub-section (1) shall be final.
(2) Every order made under sub-section (1) shall be final.
Section 55 Savings as to certain rights.
(1) Notwithstanding anything contained in any other law for the time being in force, where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under any other law in force, the person entitled to compensation may claim such compensation only once either under this Act or under any other law in force.
(2) Nothing in sub-section (1) shall affect the 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.
(2) Nothing in sub-section (1) shall affect the 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.
Section 56 Power to make rules. 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--
(i) the procedure for investigation of misbehaviour or incapacity of the Claims Commissioner under sub-section (3) of section 51;
(ii) the salary and allowances and the other terms and conditions of service of the Claims Commissioner under section 52; and
(iii) any other purpose incidental to or connected with the objects of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for--
(i) the procedure for investigation of misbehaviour or incapacity of the Claims Commissioner under sub-section (3) of section 51;
(ii) the salary and allowances and the other terms and conditions of service of the Claims Commissioner under section 52; and
(iii) any other purpose incidental to or connected with the objects of this Chapter.
Section 57 Extent of liability. 1 docs
The metro railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation for loss occasioned by the death of, or bodily injury to any person to such extent as may be prescribed.
Section 58 Application for compensation.
An application for compensation arising out of an accident may be made to the Claims Commissioner by,--
(a) the person who has sustained the injury or 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 authorised by the person injured or all or any of the dependants of the deceased, as the case may be:
Provided that where all the dependants of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of 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 this section, the word "dependant" shall have the same meaning as given to it in clause (b) of section 123 of the Railways Act, 1989 (24 of 1989).
(a) the person who has sustained the injury or 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 authorised by the person injured or all or any of the dependants of the deceased, as the case may be:
Provided that where all the dependants of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of 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 this section, the word "dependant" shall have the same meaning as given to it in clause (b) of section 123 of the Railways Act, 1989 (24 of 1989).
Section 59 Drunkenness or nuisance on metro railway.
(1) If any person, in any carriage or upon any part of the metro railway,--
(a) is in a state of intoxication; or
(b) commits any nuisance or vandalism or act of indecency, or uses abusive or obscene language; or
(c) wilfully or without excuse interferes in any way with the comfort of any passenger,
he shall be punishable with fine which may extend to five hundred rupees and shall also be liable to forfeiture of the fare which he may have paid or any pass or ticket which he may have obtained or purchased, or be removed from such carriage or part by any metro railway official authorised by the metro railway administration in this behalf.
(2) If any metro railway official is in a state of intoxication while on duty, he shall be punishable with fine which may extend to two hundred and fifty rupees or, where the improper performance of the duty would be likely to endanger the safety of any passenger travelling or being upon the metro railway, with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred rupees, or with both.
(a) is in a state of intoxication; or
(b) commits any nuisance or vandalism or act of indecency, or uses abusive or obscene language; or
(c) wilfully or without excuse interferes in any way with the comfort of any passenger,
he shall be punishable with fine which may extend to five hundred rupees and shall also be liable to forfeiture of the fare which he may have paid or any pass or ticket which he may have obtained or purchased, or be removed from such carriage or part by any metro railway official authorised by the metro railway administration in this behalf.
(2) If any metro railway official is in a state of intoxication while on duty, he shall be punishable with fine which may extend to two hundred and fifty rupees or, where the improper performance of the duty would be likely to endanger the safety of any passenger travelling or being upon the metro railway, with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred rupees, or with both.
Section 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 offensive material 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 offensive material upon the metro railway shall be responsible also for any loss, injury or damage which may be caused by reason of such material having been so brought upon the metro railway.
(2) In addition to the penalties specified in sub-section (1), a person takes or causes to be taken any offensive material upon the metro railway shall be responsible also for any loss, injury or damage which may be caused by reason of such material having been so brought upon the metro railway.