An Act to provide for the operation and maintenance and to regulate the working of the metro railway in the metropolitan city of Delhi and for matters connected therewith and incidental thereto.
BE it enacted by Parliament in the Fifty-third Year of the Republic of
India as follows:-
CHAPTER IPRELIMINARY
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1.Short title and commencement.
1. Short title and commencement.-(1) This Act may be called the Delhi
Metro Railway (Operation and Maintenance) Act, 2002.(2) It extends to the National Capital Territory of Delhi.
(3) It shall be deemed to have come INTO force on the 29th day of
October, 2002.2.Definitions.
2. Definitions.-(1) In this Act, unless the context otherwise requires,-
(a) “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 in ludes 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;
(h) “metropolitan city of Delhi” means the area of the National
Capital Territory of Delhi;
(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) a non-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;
(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.
CHAPTER IIGOVERNMENT METRO RAILWAY ADMINISTRATION
3. Constitution of Government metro railway.-(1) The Central
Government may, for the purpose of efficient administration of a
Government metro railway, in the metropolitan city of Delhi, by notification, constitute such railways as it may deem fit.
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(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.
4.Appointment of General Manager.
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.
CHAPTER IIIFUNCTIONS AND POWERS OF THE METRO RAILWAY ADMINISTRATION
5. Functions of metro railway administration.-The functions of a metro railway administration shall be-
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(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 the metropolitan city of Delhi;
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 the metropolitan city of Delhi.
6.Powers of metro railway administration.
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;
(c) enter 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 passeng rs, 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.
CHAPTER IVCOMMISSIONER OF METRO RAILWAY SAFETY
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7. Appointment of Commissioner of Metro Railway Safety.-The Central
Government may appoint one or more Commissioners of Metro Railway
Safety.
8.Duties of Commissioner.
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.
9.Powers of Commissioner.
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 m tro 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.
10.Commissioner to be public servant.
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).
11.Facilities to be provided to Commissioner.
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
12.Annual report of Commissioner.
12. Annual report of Commissioner.-The Commissioner shall prepare, in such form and in such time, for each financial year, as may be prescribed, an annual report giving a full account of his activities during the previous financial year and forward copy hereof to the
Central Government.
13.Annual report to be laid before Parliament.
13. Annual report to be laid before Parliament.-The Central
Government shall cause the annual report of the Commissioner to be laid after its receipt before each House of Parliament.
CHAPTER VOPENING OF METRO RAILWAY
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14. Sanction of Central Government to the opening of metro railway.-The metro railway in the metropolitan city of Delhi shall not be opened for the public carriage of passengers except with the previous sanction of the Central Government.
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15.Formalities to be complied with before giving sanction to the openingof metro railway.
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 dow 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 befo e 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.
16.Sections 14 and 15 to apply to the opening of certain works.
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 o 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.
17.Temporary suspension of traffic.
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 be n 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 t e 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 p blic; and
(b) a notice of the opening of the tracks and works or the diversion shall be sent immediately to the Commissioner.
18.Power to close metro railway opened for public carriage of passengers.
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 t e 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.
19.Re-opening of closed metro railway.
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 re-use is sanctioned in accordance with the provisions of this Chapter.
20.Use of rolling stock.
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.
21.Delegation of powers.
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, a may be specified in the notification, be exercised or discharged also by the Commissioner.
22.Power to make rules in respect of matters in this Chapter.
22. 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 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.
