The Metro Railways (Operation and Maintenance) Act, 2002
Administered Ministry: Ministry of Housing and Urban Affairs
Section
Section 81 Offences by companies.
(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purpose of this section,--
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purpose of this section,--
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Section 82 Power of arrest without warrant.
(1) If a person commits any offence mentioned in sections 59, 61, 65 to 79, he may be arrested without warrant or other written authority by any metro railway official or by a police officer not below the rank of a head constable or by any other person whom such metro railway official or police officer may call to his aid:
Provided that where a person has been arrested, by any person other than the police officer, he shall be made over to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.
(2) A person so arrested under sub-section (1) shall be produced before the nearest Magistrate, having authority to try him or commit him for trial, as early as possible but within a period not exceeding twentyfour hours of such arrest exclusive of the time necessary for the journey from the place of arrest to the court of the Magistrate.
Provided that where a person has been arrested, by any person other than the police officer, he shall be made over to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.
(2) A person so arrested under sub-section (1) shall be produced before the nearest Magistrate, having authority to try him or commit him for trial, as early as possible but within a period not exceeding twentyfour hours of such arrest exclusive of the time necessary for the journey from the place of arrest to the court of the Magistrate.
Section 83 Arrest of person likely to abscond, etc.
(1) If any person commits any offence under this Act, other than an offence mentioned in section 82 or fails or refuses to pay any excess charge or other sum demanded under section 69 and there is reason to believe that he may abscond, or his name and address are unknown and he refuses on demand to give his name and address, or there is reason to believe that name and address given by him is incorrect, any metro railway official or police officer not below the rank of head constable, or any other person whom such metro railway official may call to his aid, may, without warrant or written authority, arrest him.
(2) A person so arrested shall be produced before the nearest Magistrate, having authority to try him or commit him for trial, as early as possible but within a period not exceeding twenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the court of the Magistrate.
(2) A person so arrested shall be produced before the nearest Magistrate, having authority to try him or commit him for trial, as early as possible but within a period not exceeding twenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the court of the Magistrate.
Section 84 Magistrate having jurisdiction under the Act.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no court inferior to that of a Metropolitan Magistrate shall try an offence under this Act.
Section 85 Place of trial.
(1) Any person committing an offence under this Act, or any rule or regulation made thereunder, shall be triable for such offence in any place in which he may be, or which the 1[State Government] may notify in this behalf, as well as any other place in which he is liable to be tried under any law for the time being in force.
(2) Every notification under sub-section (1) shall be published by the 2[State Government] and a copy thereof shall be exhibited for the information of the public in some conspicuous place at such metro railway stations as that Government may direct.
(2) Every notification under sub-section (1) shall be published by the 2[State Government] and a copy thereof shall be exhibited for the information of the public in some conspicuous place at such metro railway stations as that Government may direct.
1 Subs. by Act 34 of 2009, s. 16, for "Government of the National Capital Territory of Delhi" (w.e.f. 7-9-2009).
2 Subs. by s. 16, ibid., for "Government of the National Capital Territory of Delhi in the Delhi Gazette" (w.e.f. 7-9-2009).
2 Subs. by s. 16, ibid., for "Government of the National Capital Territory of Delhi in the Delhi Gazette" (w.e.f. 7-9-2009).
Section 86 Power of Central Government to issue directions.
Without prejudice to the foregoing provisions of this Act, the metro railway administration in case of the non-Government metro railway shall, in the discharge of its duties and functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time:
Provided that the metro railway administration shall, as far as practicable, be given opportunity to express its views before any direction is given under this section.
Provided that the metro railway administration shall, as far as practicable, be given opportunity to express its views before any direction is given under this section.
Section 87 Prohibition to work as non-Government metro railway.
No non-Government metro railway shall work without obtaining permission from the Central Government.
Section 88 Protection of action taken in good faith.
No suit, prosecution or other legal proceedings shall lie against the Central Government, any metro railway administration, a metro railway official or against any other person, for anything which is in good faith done or intended to be done in pursuance of this Act or any rules, regulations or orders made thereunder.
Section 89 Restriction on execution against metro railway property.
(1) No rolling stock, metro railway tracks, machinery, plant, tools, fittings, materials or effects used or provided by a metro railway administration for the purpose of traffic on its railway, or its stations or workshops, or offices shall be liable to be taken in execution of any decree or order of any court or of any local authority or person having by law the power to attach or distrain property or otherwise to cause the property to be taken in execution, without the previous sanction of the Central Government.
(2) Nothing in sub-section (1) is to be construed as affecting the authority of any court to attach the earnings of the metro railway administration in execution of a decree or order.
(2) Nothing in sub-section (1) is to be construed as affecting the authority of any court to attach the earnings of the metro railway administration in execution of a decree or order.
Section 90 Officials of metro railway administration to be public servants.
All persons in the employment of the metro railway administration shall, when acting or purporting to act in pursuance of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Section 91 Procedure for delivery to metro railway administration of property detained by a metro railway official.
If a metro railway official is discharged from service or is suspended, or dies or absconds or absents himself, and he or his spouse or widow or any member of his family or his representative, refuses or neglects, after notice in writing for that purpose, to deliver up to the metro railway administration or to a person appointed by the metro railway administration, in this behalf, any station, dwelling house, office or other building with its appurtenances, or any books, papers, keys, equipments or other matters, belonging to the metro railway administration and in the possession or custody of such metro railway official on the occurrence of any such event as aforesaid, any Metropolitan Magistrate may, on application made by or on behalf of the metro railway administration, order any police officer, with proper assistance, to enter upon the station, office or other building and remove any person found therein and take possession thereof, or to take possession of the books, papers and other matters, and to deliver the same to the metro railway administration or to a person appointed by the metro railway administration in that behalf.
Section 92 Proof of entries in records and documents.
(1) Entries made in the records or other documents of the metro railway administration shall be admitted in evidence in all proceedings by or against the metro railway administration, and all such entries may be proved either by the production of the records or other documents of the metro railway administration containing such entries or by the production of a copy of the entries certified by the officer having custody of the records or other documents under his signature and stating that it is a true copy of the original entries and that such original entries are contained in the records or other documents of the metro railway administration in his possession.
(2) Notwithstanding anything contained in any other law, a court shall presume that the entries in the records of the metro railway administration admitted in evidence under sub-section (1) are true, unless there is evidence to the contrary.
(2) Notwithstanding anything contained in any other law, a court shall presume that the entries in the records of the metro railway administration admitted in evidence under sub-section (1) are true, unless there is evidence to the contrary.
Section 93 Service of notice, etc., on metro railway administration.
Any notice or other document required or authorised by this Act to be served on a metro railway administration may be served--
(a) by leaving it at the office of the metro railway administration; or
(b) by registered post to the office address of the metro railway administration.
(a) by leaving it at the office of the metro railway administration; or
(b) by registered post to the office address of the metro railway administration.
Section 94 Service of notice, etc., by metro railway administration
Any notice or other document required or authorised by this Act to be served on any person by the metro railway administration may be served by--
(a) delivering it to the person; or
(b) leaving it at the usual or the last known place of abode of the person; or
(c) registered post addressed to the person at his usual or the last known place of abode.
(a) delivering it to the person; or
(b) leaving it at the usual or the last known place of abode of the person; or
(c) registered post addressed to the person at his usual or the last known place of abode.
Section 95 Presumption where notice is
Where a notice or other document is served by registered post, it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and in proving such service, it shall be sufficient to prove that the letter containing the notice or other document was properly addressed and registered.
Section 96 Representation of metro railway administration.
(1) The metro railway administration may, by order in writing, authorise any of its official or other person to act for, or represent it, as the case may be, in any proceeding before any civil, criminal or other court.
(2) A person authorised under sub-section (1) to conduct prosecution on its behalf shall, notwithstanding anything in section 302 of the Code of Criminal Procedure, 1973 (2 of 1974), be entitled to conduct such prosecutions without the permission of the Magistrate.
(2) A person authorised under sub-section (1) to conduct prosecution on its behalf shall, notwithstanding anything in section 302 of the Code of Criminal Procedure, 1973 (2 of 1974), be entitled to conduct such prosecutions without the permission of the Magistrate.
Section 97 Appointment of security staff.
The metro railway administration may constitute and maintain security staff for its railway, and the powers, duties and functions of such staff shall be such as may be prescribed.
Section 98 Delegation of powers.
(1) The Central Government may, by notification, direct that all or any of the powers under this Act or rules made thereunder, except sections 22, 32, 47, 56, 99 and 100, exercisable by it, shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by such officer or authority subordinate to the Central Government or by such officer of the metro railway administration.
(2) The metro railway administration may, by general or special order in writing, delegate to any of its official subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act, except its power under section 101.
(2) The metro railway administration may, by general or special order in writing, delegate to any of its official subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act, except its power under section 101.
Section 99 Power to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid before each House of Parliament.
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid before each House of Parliament.
Section 100 Power of Central Government to make rules. 6 docs
(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.
(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 form and time for preparing and sending annual report under section 12;
(b) the terms and conditions of the Fare Fixation Committee under section 35;
(c) the procedure to be followed by the Fare Fixation Committee under section 35;
(d) the extent of compensation payable under section 57;
(e) the powers, duties and functions of the security staff of the Government metro railway under section 97; and
(f) without prejudice to any power to make rules contained elsewhere in this Act, generally to carry out the purposes of this Act.
(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 form and time for preparing and sending annual report under section 12;
(b) the terms and conditions of the Fare Fixation Committee under section 35;
(c) the procedure to be followed by the Fare Fixation Committee under section 35;
(d) the extent of compensation payable under section 57;
(e) the powers, duties and functions of the security staff of the Government metro railway under section 97; and
(f) without prejudice to any power to make rules contained elsewhere in this Act, generally to carry out the purposes of this Act.