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, bynotification, after consultation with the State Government, extend this Act to such other metropolitan areaand metropolitan city, except the metropolitan city of Calcutta, and with effect from such date as may bespecified in that notification and thereupon the provisions of this Act shall apply to that metropolitan areaor 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).

(1) In this Act, unless the context otherwise requires,--

1[(a) "Central Government", in relation to technical planning and safety of metro railways, meansthe 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 undersection 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 materialchange 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 theIndian 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 theConstitution;

(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 metrorailway,

(B) all rails tracks, sidings, yards or branches worked over for the purposes of, or inconnection 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 inconnection 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) anon-Government metro railway means the person who is the owner or lessee of thatmetro railway or the person working that metro railway under an arrangement with the owneror lessee of that metro railway;

(k) "metro railway official" means any person employed by the Central Government or by ametro 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) ofsection 2 of the National Capital Region Planning Board Act, 1985 (2 of 1985);]

(l) "non-Government metro railway" means a metro railway other than Government metrorailway;

(m) "notification" means a notification published in the Official Gazette;

(n) "pass" means an authority given by the metro railway administration or by an officerappointed by that administration in this behalf, to a person allowing him to travel as a passenger onthe 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 RailwaysAct, 1989 (24 of 1989);

(q) "regulations" means the regulations made by the Government metro railway administrationunder 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 IndianTelegraph 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 themin 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).

(1) The Central Government may, for the purposeof efficient administration of a Government metro railway, in the 1[National Capital Region, metropolitancity 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 underthis Act, appoint such officers and other employees as it considers necessary on such terms and conditionsof service as may be determined by regulation.

1. Subs. by s. 5, ibid., for "metropolitan city of Delhi" (w.e.f. 7-9-2009).

(1) The Central Government shall, by notification, appointa 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 GeneralManager.

The functions of a metro railway administrationshall 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 the ¹[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 considerednecessary for the purpose of the operation and maintenance of the metro railway in the ¹[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).

(1) The metro railway administration shall have thepower to do anything which may be necessary or expedient for the purpose of carrying out its functionsunder the Act.

(2)Without prejudice to the generality of the foregoing provision, such power shall include the powerto--

(a) acquire, hold and dispose of all kinds of properties owned by it, both movable andimmovable;

(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 oftransport;]

(c) center temporarily in or upon the lands adjoining the metro railway alignment in order toremove 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 signalprovided 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 toobtain license for that purpose; and

(i) do all incidental acts as are necessary for discharge of any function conferred, or imposed, onit by this Act.

1. Ins. by s. 8, ibid. (w.e.f. 7-9-2009).

1[(1)] The Central Government mayappoint one or more Commissioners of Metro Railway Safety.

2[(2) The Commissioner shall function under the administrative control of the Chief Commissioner ofRailway 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).

The Commissioner shall--

(a) inspect the metro railway with a view to determine whether it is fit to be opened for thepublic carriage of passengers and report thereon to the Central Government as required by or underthis Act;

(b) make such periodical or other inspections of metro railway, its rolling stock used thereonand 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 metrorailway; and

(d) discharge such other duties as are conferred on him by or under this Act.

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 otherinstallations;

(b) by order in writing addressed to the metro railway administration, require the attendancebefore him of metro railway official and to require answers or returns to such inquiries as he thinks fitto 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 thepossession or control of any metro railway administration which appears to him to be necessary toinspect.

The Commissioner shall be deemed to be a public servantwithin the meaning of section 21 of the Indian Penal Code (45 of 1860).

The metro railway administration shall provide tothe Commissioner all reasonable facilities for the discharge of the duties or for the exercise of the powersimposed or conferred on him by or under this Act.

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 accountof the activities of the Commissioners during the financial year immediately preceding the financial yearin 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).

The Central Government shall cause the annualreport of the 1[Chief Commissioner of Railway Safety] to be laid after its receipt before each House ofParliament.

1. Subs. by s. 11, ibid., for "Commissioner" (w.e.f. 7-9-2009).

The metro railway in the1[National Capital Region, metropolitan city and metropolitan area] shall not be opened for the publiccarriage 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).

(1)The Central Government shall, before giving its sanction to the opening of the metro railway undersection 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 beused thereon;

(b) the moving and fixed dimensions as laid down by the Central Government have not beeninfringed;

(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, theaxles 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 withoutany danger to the public using it.

(2) If the Commissioner is of the opinion that the metro railway cannot be opened without any dangerto the public using it, he shall, in his report, state the grounds therefor, as also the requirements which, inhis 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 theopening of the metro railway under section 14 as such or subject to such conditions as may be considerednecessary by it for the safety of the public.

The provisions of sections 14and 15 shall apply to the opening of the following works if they form part of, or are directly connectedwith, the metro railway used for the public carriage of passengers and have been constructed subsequentto 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 towhich the provisions of sections 14 and 15 apply or are extended by this section.

When an accident has occurred on the metro railwayresulting in a temporary suspension of traffic, and either the original tracks and works have been restoredto their original standard or a temporary diversion has been laid for the purpose of restoringcommunication, 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 hascertified in writing that the opening of the restored tracks and works, or of the temporary diversionwill 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 tothe Commissioner.

Where, after theinspection of the metro railway opened and used for the public carriage of passengers or any rolling stockused thereon, the Commissioner is of the opinion that the use of the metro railway or of any rolling stockwill be attended with danger to the public using it, the Commissioner shall send a report to the CentralGovernment 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 passengerssubject to such conditions as it may consider necessary for the safety of the public.

When the Central Government has, under section 18directed 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 beeninspected by the Commissioner and its re-opening is sanctioned in accordance with the provisions ofthis Chapter; and

(b) the rolling stock shall not be used until it has been inspected by the Commissioner and its reuseis sanctioned in accordance with the provisions of this Chapter.

The metro railway administration may use such rolling stock as it mayconsider 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 onany section of the metro railway, the previous sanction of the Central Government shall be obtained forsuch use:

Provided further that before giving any such sanction, the Central Government shall obtain a reportfrom the Commissioner that he has made a careful inspection of the rolling stock and, in his opinion, suchrolling stock can be used.

The Central Government may, by notification, direct that any of itspowers or functions under this Chapter, except power to make rule under section 22, shall, in relation tosuch matters and subject to such conditions, if any, as may be specified in the notification, be exercised ordischarged also by the Commissioner.

(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 mayprovide 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 ofa metro railway for the public carriage of passengers;

(b) the arrangements to be made for and the formalities to be complied with before opening ametro railway for the public carriage of passengers;

(c) for regulating the mode in which, and the speed at which rolling stock used on metro railwayis to be moved or propelled; and

(d) the cases in which and the extent to which the procedure provided in this Chapter may bedispensed with.

(1) The metro railwayadministration 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 chargeablefor 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 witha 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 otherparticulars as may be prescribed.

1 Subs. by Act 34 of 2009, s. 12, for "Hindi and English" (w.e.f. 7-9-2009).

Every passenger shall, on demand by any metrorailway official authorised in this behalf, present his pass or ticket to such metro railway official forexamination 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 theticket was issued.

No person shall enter or remain in anycarriage on the metro railway, for the purpose of travelling therein as a passenger, unless he has with hima proper pass or ticket.

(1) No person shall, while travelling in the metro railway, carry with himany goods other than 1 baggage containing personal belongings not exceeding such volume andweight as may be prescribed.

(2) Where any person travels on the metro railway in contravention of the provisions ofsub-section (1), he shall, notwithstanding that he holds a valid pass or ticket for any travel in suchrailway, be liable to be removed from the train by any metro railway official authorised by the metrorailway administration in this behalf or by any other person whom such metro railway official may call tohis aid.

1. The words "a small" omitted by s. 13, ibid. (w.e.f. 7-9-2009).

(1) No person suffering from infectious or contagious diseases as may beprescribed, shall travel by the metro railway.

(2) Any person travelling in contravention of any rule made under sub-section (1) shall be liable to beremoved from the metro railway.

Themetro railway administration shall provide and maintain in proper order, in any metro train, such efficientmeans of communication between the passengers and the metro railway official in charge of the train asmay be approved by the Central Government.

The metro railway administration may use its premises,lands, buildings, posts, bridges, structures, vehicles, rolling stock and other property for displayingcommercial 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.

(1) No person shall take or cause to be taken onthe 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 acontainer of any form, or otherwise, any dangerous or offensive material, he may cause such container tobe 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 anydangerous or offensive material.

Any person, entering uponor into any part of the metro railway without lawful authority, on being asked to leave the metro railwayby any metro railway official, does not leave therefrom, may be removed from the metro railway by suchmetro railway official or by any other person whom such metro railway official may call to his aid.

(1) The Central Government may, by notification, make rules to carryout the provisions of this Chapter.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or anyof the following matters, namely:--

(a) the particulars of the ticket such as the value, the period of validity and other particulars undersub-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 themetro railway.

(3) Every metro railway administration shall keep at every station on its metro railway a copy of allthe rules made under this section and shall also allow any person to inspect it free of charge.

The metro railway administration shall, from timeto time, on the recommendations made to it by the Fare Fixation Committee constituted undersub-section (1) of section 34, fix, for the carriage of passengers, fare for travelling from one station toanother of the metro railway:

Provided that the metro railway administration may fix the fare under this section withoutrecommendations of the Fare Fixation Committee on the initial opening of the metro railway.

(1) The Central Government may, from time totime, constitute a Fare Fixation Committee for the purpose of recommending fare for the carriage ofpassengers 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 aJudge of a High Court.

¹[(4) The Central Government and the State Government shall nominate one member each to the FareFixation Committee:

Provided that a person who is or has been an Additional Secretary to the Government of India orholds or has held an equivalent post in the Central Government or the State Government shall be qualifiedto be nominated as a member.]

(5) A sitting Judge of a High Court shall be appointed after consultation with the Chief Justice of thatHigh Court.

1 . Subs. by Act 34 of 2009, s. 14, for sub-section (4) (w.e.f. 7-9-2009).

(1) The other terms andconditions of the Fare Fixation Committee, and the procedure to be followed by that committee shall besuch as may be prescribed.

(2) The metro railway administration shall provide to the Fare Fixation Committee all reasonablefacility for the discharge of its duties under this Act.

The Fare Fixation Committee shall submit its reportalong with recommendations to the metro railway administration within such period, not exceeding threemonths, as may be specified by order made by the Central Government.

The recommendationsmade by the Fare Fixation Committee shall be binding on the metro railway administration.

(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 theIndian 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 suchgrievous hurt as aforesaid; or

(e) any accident of any other description which the Central Government may notify in thisbehalf,

occurs, the metro railway official in charge of the section of the metro railway on which the accidentoccurs, shall, without delay, give notice of the accident in such form and containing such particulars asmay be prescribed to the Deputy Commissioner and the Deputy Commissioner of Police, within whosejurisdiction the accident occurs, the officer in charge of the police station within the local limits of whichthe accident occurs and to such other Magistrate or police officer as may be appointed in this behalf bythe Central Government.

(2) The metro railway administration, within whose jurisdiction the accident occurs, shall, withoutdelay, give notice of the accident to the ¹[State Government] and the Commissioner having jurisdictionover 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).

(1) On the receipt of a notice under section 38 of the occurrence ofan 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 railwayadministration in whose jurisdiction the accident occurred of his intention to hold an inquiry into thecauses that led to the accident and shall at the same time fix and communicate the date, time and place ofinquiry:

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 theoccurrence of the accident, he shall notify the metro railway administration accordingly.

Where no inquiry is held by the Commissionerunder sub-section (1) of section 39 or where the Commissioner has informed the metro railwayadministration under sub-section (2) of that section that he is not able to hold an inquiry, the metrorailway administration within whose jurisdiction the accident occurs, shall cause an inquiry to be made inaccordance with the prescribed procedure.

(1) For the purpose of conducting aninquiry under this Chapter into the causes of any accident, the Commissioner shall, in addition to thepowers specified in section 9, have the powers as are vested in a Civil Court while trying a suit under theCode 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 CivilCourt for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973(2 of 1974).

No statement made by a person in the course of givingevidence in an inquiry before the Commissioner shall subject him to, or be used against him, in any civilor 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.

The metro railway administration or the Commissionerconducting an inquiry under this Chapter may send notice of the inquiry to such persons, follow suchprocedure, and prepare the report in such manner as may be prescribed.

Notwithstanding anything contained in the foregoing provisions of this Chapter, where a Commission ofInquiry is appointed under the Commissions of Inquiry Act, 1952 (60 of 1952), to inquire into anaccident, any inquiry, investigation or other proceeding pending in relation to that accident shall not beproceeded with, and all records or other documents relating to such inquiry shall be forwarded to suchauthority as may be specified by the Central Government in this behalf.

Where any accident of the nature notspecified in section 38 occurs in the course of working the metro railway, the metro railwayadministration within whose jurisdiction the accident occurs, may cause such inquiry to be made into thecauses of the accident, as may be prescribed.

The metro railway administration shall send to the Central Government a return ofaccidents occurring on its railway, whether attended with injury to any person or not, in such form andmanner and at such intervals as may be prescribed.

(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 mayprovide 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 theaccident such notices shall contain;

(b) the persons to whom notices in respect of any inquiry under this Chapter are to be sent, theprocedure to be followed in such inquiry and the manner in which a report of such inquiry shall beprepared;

(c) the nature of inquiry to be made by the metro railway administration into the causes of anaccident 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 administrationunder section 46.

The Central Government may, by notification, appoint a ClaimsCommissioner for the purpose of adjudicating upon claims for compensation in respect of accidentsinvolving the death of, or bodily injury to person, or damage to any property arising out of the working ofthe metro railway.

A person shall not be qualified forappointment 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 lessthan that of a Joint Secretary to the Government of India.

The Claims Commissioner shall hold office as such for a term as may bespecified by the Central Government.

(1) The Claims Commissioner may, by notice in writing under hishand addressed to the Central Government, resign his office.

(2) The Claims Commissioner may be removed from his office by an order of the CentralGovernment on the ground of proved misbehaviour or incapacity after an inquiry in which he had beeninformed of the charges against him and given a reasonable opportunity of being heard in respect of thosecharges.

(3) The procedure for the investigation of misbehaviour or incapacity of the Claims Commissionerreferred to in sub-section (2) be such as may be prescribed.

The salaryand allowances payable to, and the other terms and conditions of service of, the Claims Commissionershall be such as may be prescribed:

Provided that neither the salary and allowances nor the other terms and conditions of service of theClaims Commissioner shall be varied to his disadvantage after his appointment.

(1) The Claims Commissioner shall have allthe powers of a civil court for the purpose of taking evidence on oath, enforcing attendance of witnessesand 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 195and 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 ClaimsCommissioner may, subject to any rules that may be made in this behalf, follow such summary procedureas he may deem fit.

(4) Subject to any rules that may be made in this behalf, the Claims Commissioner may, for thepurpose of determining any claim for compensation, choose one or more persons possessing specialknowledge 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 thecircumstance may require, including orders for payment of costs.

(1) Any question as to the liability of the metro railwayadministration to pay compensation or as to the person to whom such compensation is payable, shall bedetermined by an order of the Claims Commissioner.

(2) Every order made under sub-section (1) shall be final.

(1) Notwithstanding anything contained in any other law for thetime being in force, where the death of, or bodily injury to, any person gives rise to a claim forcompensation under this Act and also under any other law in force, the person entitled to compensationmay 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 payableunder any contract or scheme providing for compensation for death or personal injury or for damage toproperty or any sum payable under any policy of insurance.

(1) The Central Government may, by notification, make rules to carryout the provisions of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for--

(i) the procedure for investigation of misbehaviour or incapacity of the Claims Commissionerunder sub-section (3) of section 51;

(ii) the salary and allowances and the other terms and conditions of service of the ClaimsCommissioner under section 52; and

(iii) any other purpose incidental to or connected with the objects of this Chapter.

The metro railway administration shall, notwithstanding anything containedin any other law, be liable to pay compensation for loss occasioned by the death of, or bodily injury to anyperson to such extent as may be prescribed.

An application for compensation arising out of an accident maybe 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 forcompensation, the application shall be made on behalf of or for the benefit of all the dependants of thedeceased and the dependants who have not so joined, shall be impleaded as respondents to theapplication.

Explanation.--For the purpose of this section, the word "dependant" shall have the samemeaning as given to it in clause (b) of section 123 of the Railways Act, 1989 (24 of 1989).

(1) If any person, in any carriage or upon anypart 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 obscenelanguage; 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 toforfeiture of the fare which he may have paid or any pass or ticket which he may have obtained orpurchased, or be removed from such carriage or part by any metro railway official authorised by themetro railway administration in this behalf.

(2) If any metro railway official is in a state of intoxication while on duty, he shall be punishable withfine which may extend to two hundred and fifty rupees or, where the improper performance of the dutywould be likely to endanger the safety of any passenger travelling or being upon the metro railway, withimprisonment for a term which may extend to two years, or with fine which may extend to five hundredrupees, or with both.

(1) If, incontravention of sub-section (1) of section 30, a person takes or causes to be taken any offensive materialupon 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 anyoffensive material upon the metro railway shall be responsible also for any loss, injury or damage whichmay be caused by reason of such material having been so brought upon the metro railway.

(1) If, incontravention of sub-section (1) of section 30, a person takes or causes to be taken any dangerous materialupon the metro railway, he shall be punishable with imprisonment for a term which may extend to fouryears and with fine which may extend to five thousand rupees.

(2) In addition to the penalties specified in sub-section (1), a person takes or causes to be taken anydangerous material upon the metro railway shall be responsible also for any loss, injury or damage whichmay be caused by reason of such material having been so brought upon the metro railway.

(1) No demonstration of any kindwhatsoever shall be held on any part of the metro railway or other premises thereof and it shall be open tothe metro railway administration to exclude from such premises any person attending suchdemonstrations whether or not he is in possession of a pass or ticket entitling him to be in the saidpremises.

(2) No person shall paste or put up any poster or write or draw anything or matter in any compartmentor carriage of the metro railway, or any premises thereof, without any lawful authority and any personfound engaged in doing any such act may be removed from the compartment, carriage or premises by anymetro railway official authorised by the metro railway administration in this behalf.

(3) Whoever contravenes any of the provisions of sub-section (1) or sub-section (2), or on beingasked by any metro railway official to leave any compartment, carriage or premises refuses to do so, shallbe punishable with imprisonment for a term which may extend to six months, or with fine which mayextend to one thousand rupees, or with both.

If any passenger travels on the roof of a train orpersists in travelling in any part of a train not intended for the use of passengers or projects any part of hisbody out of a train after being warned by any metro railway official to desist, he shall be punishable withimprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both, and shall also be liable to be removed from the train by any metro railway official authorisedby the metro railway administration in this behalf.

(1) If a person enters into or upon the metro railway without any lawful authority or havingentered with lawful authority remains there unlawfully and refuses to leave on being requested to do so byany metro railway official, he shall be punishable with imprisonment for a term which may extend tothree months, or with fine which may extend to two hundred and fifty rupees, or with both.

(2) If any person walks on the metro track without any lawful authority, he shall be punishable withimprisonment for a term which may extend to six months, or with fine which may extend to five hundredrupees, or with both.

If any metro railwayofficial, when on duty endangers the safety of any passenger,--

(a) by any rash or negligent act or omission; or

(b) by disobeying any rule, regulation or order which such official was bound by the terms of hisemployment to obey, and of which he had notice,

he shall be punishable with imprisonment for a term which may extend to five years, or with fine whichmay extend to six thousand rupees, or with both.

If any metro railway official, when on duty, isentrusted with any responsibility connected with the running of a train, or any other rolling stock fromone station or place to another station or place, and he abandons his duty before reaching such station orplace, without authority or without properly handing over such train or rolling stock to another authorisedmetro railway official, he shall be punishable with imprisonment for a term which may extend to fouryears, or with fine which may extend to five thousand rupees, or with both.

If any person obstructs or causes to be obstructed orattempts to obstruct any train or rolling stock upon the metro railway by squatting, picketing or keepingwithout authority any rolling stock on the metro railway or tampering with any signalling installations orby interfering with the working mechanism thereof, or otherwise, he shall be liable to be removed by anymetro railway official, authorised by the metro railway administration in this behalf and shall also bepunishable with imprisonment for a term which may extend to four years, or with fine which may extendto five thousand rupees, or with both.

If any person wilfully obstructs or preventsany metro railway official in the discharge of his duties, he shall be punishable with imprisonment for aterm which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

(1) If anypassenger--

(a) travels in a train without having a proper pass or ticket with him; or

(b) being in or having alighted from a train, fails or refuses to present for examination or todeliver up his pass or ticket immediately on requisition being made therefor under section 24, ortravels in a train in contravention of the provisions of section 25, he shall be liable to pay, ondemand of any metro railway official appointed by the metro railway administration in this behalf,the excess charge mentioned in sub-section (3) in addition to the ordinary single fare for thedistance which he has travelled or, where there is any doubt as to the station from which he started,the ordinary single fare from the station from which the train originally started.

(2) If any passenger travels or attempts to travel in a carriage or by a train or travels in or on acarriage beyond the place authorised by his pass or ticket, he shall be liable to pay, on demand of anyperson appointed by the metro railway administration in this behalf, the excess charge mentioned insub-section (3) in addition to any difference between any fare paid by him and the fare payable in respectof the journey he has made.

(3) The excess charge referred to in sub-sections (1) and (2) shall be fifty rupees.

(4) If any passenger liable to pay the excess charge and fare mentioned in sub-section (1), or theexcess charge and any difference of fare mentioned in sub-section (2), fails or refuses to pay the same ona demand being made therefor, any metro railway official authorised by the metro railway administrationin this behalf may apply to any Metropolitan Magistrate for the recovery of the sum payable as if it were afine, and the Magistrate if satisfied that the sum is payable shall order it to be so recovered, and may orderthat the person liable for the payment shall in default of payment suffer imprisonment for a term whichmay extend to one month.

(5) Any sum recovered under sub-section (4) shall, as and when it is recovered, be paid to theConsolidated Fund of India.

If any passenger or anyother person without reasonable and sufficient cause, makes use of, or interferes with, any meansprovided by the metro railway administration in a train for communication between passengers and metrorailway official in charge of the train, or misuses alarm bell of the train, he shall be punishable withimprisonment which may extend to one year, or with fine which may extend to one thousand rupees, orwith both.

If any person wilfully breaks thesecurity code of any pass or ticket, or defaces or alters or counterfeits or duplicates it or acts in any way tocause revenue loss to metro railway, he shall be punishable with imprisonment for a term which mayextend to six months.

If any person without lawful authority--

(a) in this behalf pulls down or wilfully damages any board or documents set up or posted by theorder of the metro railway administration on the metro railway, or any rolling stock, or

(b) obliterates or alters any letters or figures upon any such board or document or upon anyrolling stock,

he shall be punishable with imprisonment which may extend to two months or with fine up to twohundred and fifty rupees, or with both.

If any person sells or exposes for sale, any articlewhatsoever in any metro railway carriage or upon any part of the metro premises not authorised by metrorailway administration for such purpose, he shall be punishable with fine which may extend to fivehundred rupees, and in default of payment of fine, he shall be punishable with imprisonment which mayextend to six months:

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in thejudgment of the court, such fine shall not be less than one hundred rupees.

(1) If any person--

(a) loosens or displaces any rail or any other matter or thing belonging to the metro railway; or

(b) turns, moves, unlocks or diverts any point or other machinery belonging to the metro railway;or

(c) does or causes to be done any act of sabotage in relation to the metro railway with intent orwith knowledge that it is likely to endanger safety of any person upon the metro railway,

he shall be punishable with imprisonment for life, or with rigorous imprisonment for a term which mayextend to ten years:

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in thejudgment of the court, where a person is punished with rigorous imprisonment, such imprisonment shallnot be less than

(i) three years in the case of a first conviction; and

(ii) seven years in the case of conviction for the second or subsequent offence.

(2) If a person unlawfully does any act of sabotage or any other act referred to in sub-section (1) withintent to cause the death of any person, or with knowledge that such act is so imminently dangerous that itmust in all probability cause the death of any person or such bodily injury to any person as is likely tocause the death of any person, he shall be punishable with death or imprisonment for life.

If any person not being a metro railway official, or anagent authorised in this behalf under sub-section (2) of section 23 sells or attempts to sell any ticket inorder to enable any other person to travel therewith, he shall be punishable for a term which may extendto three months, or fine which may extend to five hundred rupees, or with both, and shall also forfeit theticket which he sells or attempts to sell.

If anyperson unlawfully throws or causes to fall or strike at, against, into or upon any rolling stock forming partof a train, any wood, stone or other matter or thing with intent, or with knowledge that it is likely toendanger the safety of any person being in or upon such rolling stock or in or upon any other rolling stockforming part of the same train, he shall be punishable with imprisonment for life or with imprisonment fora term which may extend to ten years.

If any person in a rash or negligent manner does any act, or omits to do what he is legallybound to do, and the act or omission is likely to endanger the safety of any person travelling or beingupon the metro railway, he shall be punishable with imprisonment for a term which may extend to oneyear, or with fine, or with both.

(1) Whoever, with intent tocause or knowing that he is likely to cause damage to or destruction of any of the properties of the metrorailway referred to in sub-section (2), causes by fire, explosive substance or otherwise causes damage tosuch property, he shall be punishable with imprisonment for a term which may extend to ten years.

(2) The properties of the metro railway referred to in sub-section (1) are the metro railway track,tunnels, sub-way, box-structures, station buildings and installations, carriage and wagons, rolling stock,signalling, telecommunication, air-conditioning and ventilation equipments, electrical sub-station,drainage pump, escalators, lifts, lighting installations, ticket vending machine, ticket barriers, electrictraction and block equipments, and such other properties as the Central Government may, by notification,specify.

Ifany person by unlawful act or by any wilful omission or neglect or by tampering with safety devices,endangers or causes to be endangered the safety of any person travelling on or being upon any metrorailway, or obstructs or causes to be obstructed or attempts to obstruct any rolling stock upon any metrorailway, he shall be punishable with imprisonment for a term which may extend to seven years:

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in thejudgment of the court, such imprisonment shall not be less than--

(i) six months in the case of first conviction; and

(ii) two years in the case of conviction for the second or subsequent offence

If any person requiring compensationfrom the metro railway administration under Chapter X makes a claim which is false or which he knowsor believes to be false or does not believe to be true, he shall be punishable with imprisonment for a termwhich may extend to three years, or with fine, or with both.

(1) Where an offence under this Act has been committed by acompany, every person who, at the time the offence was committed, was in charge of, and wasresponsible 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 punishedaccordingly:

Provided that nothing contained in this sub-section shall render any such person liable to anypunishment, if he proves that the offence was committed without his knowledge or that he had exercisedall due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has beencommitted by a company and it is proved that the offence has been committed with the consent orconnivance of, or is attributable to any neglect on the part of, any director, manager, secretary or otherofficer of the company, such director, manager, secretary or other officer shall be deemed to be guilty ofthat 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 ofindividuals; and

(b) "director", in relation to a firm, means a partner in the firm.

(1) If a person commits any offence mentioned in sections59, 61, 65 to 79, he may be arrested without warrant or other written authority by any metro railwayofficial or by a police officer not below the rank of a head constable or by any other person whom suchmetro 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 shallbe made over to a police officer, or, in the absence of a police officer, take such person or cause him to betaken in custody to the nearest police station.

(2) A person so arrested under sub-section (1) shall be produced before the nearest Magistrate, havingauthority to try him or commit him for trial, as early as possible but within a period not exceeding twentyfourhours of such arrest exclusive of the time necessary for the journey from the place of arrest to thecourt of the Magistrate.

(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 sumdemanded under section 69 and there is reason to believe that he may abscond, or his name and addressare unknown and he refuses on demand to give his name and address, or there is reason to believe thatname and address given by him is incorrect, any metro railway official or police officer not below therank 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 himor 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.

Notwithstanding anything contained in theCode of Criminal Procedure, 1973 (2 of 1974), no court inferior to that of a Metropolitan Magistrate shalltry an offence under this Act.

(1) Any person committing an offence under this Act, or any rule or regulationmade 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 underany law for the time being in force.

(2) Every notification under sub-section (1) shall be published by the ²[State Government] and a copythereof shall be exhibited for the information of the public in some conspicuous place at such metrorailway 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).

Without prejudice to the foregoingprovisions of this Act, the metro railway administration in case of the non-Government metro railwayshall, in the discharge of its duties and functions under this Act, be bound by such directions on questionsof 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 toexpress its views before any direction is given under this section.

No non-Government metro railwayshall work without obtaining permission from the Central Government.

No suit, prosecution or other legal proceedings shalllie against the Central Government, any metro railway administration, a metro railway official or againstany other person, for anything which is in good faith done or intended to be done in pursuance of this Actor any rules, regulations or orders made thereunder.

(1) No rolling stock, metro railwaytracks, machinery, plant, tools, fittings, materials or effects used or provided by a metro railwayadministration for the purpose of traffic on its railway, or its stations or workshops, or offices shall beliable to be taken in execution of any decree or order of any court or of any local authority or personhaving by law the power to attach or distrain property or otherwise to cause the property to be taken inexecution, 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 theearnings of the metro railway administration in execution of a decree or order.

All persons in theemployment of the metro railway administration shall, when acting or purporting to act in pursuance ofthe provisions of this Act, be deemed to be public servants within the meaning of section 21 of the IndianPenal Code (45 of 1860).

If a metro railway official is discharged from service or is suspended, or dies orabsconds or absents himself, and he or his spouse or widow or any member of his family or hisrepresentative, refuses or neglects, after notice in writing for that purpose, to deliver up to the metrorailway administration or to a person appointed by the metro railway administration, in this behalf, anystation, 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 orcustody of such metro railway official on the occurrence of any such event as aforesaid, any MetropolitanMagistrate may, on application made by or on behalf of the metro railway administration, order anypolice officer, with proper assistance, to enter upon the station, office or other building and remove anyperson found therein and take possession thereof, or to take possession of the books, papers and othermatters, and to deliver the same to the metro railway administration or to a person appointed by the metrorailway administration in that behalf.

(1) Entries made in the records or otherdocuments of the metro railway administration shall be admitted in evidence in all proceedings by oragainst the metro railway administration, and all such entries may be proved either by the production ofthe records or other documents of the metro railway administration containing such entries or by theproduction of a copy of the entries certified by the officer having custody of the records or otherdocuments under his signature and stating that it is a true copy of the original entries and that suchoriginal entries are contained in the records or other documents of the metro railway administration in hispossession.

(2) Notwithstanding anything contained in any other law, a court shall presume that the entries in therecords of the metro railway administration admitted in evidence under sub-section (1) are true, unlessthere is evidence to the contrary.

Any notice or other documentrequired 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.

Any notice or other documentrequired or authorised by this Act to be served on any person by the metro railway administration may beserved 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.

Where a notice or other document isserved by registered post, it shall be deemed to have been served at the time when the letter containing itwould be delivered in the ordinary course of post, and in proving such service, it shall be sufficient toprove that the letter containing the notice or other document was properly addressed and registered.

(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 maybe, 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 entitledto conduct such prosecutions without the permission of the Magistrate.

The metro railway administration may constitute and maintainsecurity staff for its railway, and the powers, duties and functions of such staff shall be such as may beprescribed.

(1) The Central Government may, by notification, direct that all or anyof 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 bespecified in the notification, be exercisable also by such officer or authority subordinate to the CentralGovernment 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 ofits official subject to such conditions and limitations, if any, as may be specified in the order, such of itspowers and functions under this Act, except its power under section 101.

(1) If any difficulty arises in giving effect to the provisions ofthis Act, the Central Government may, by order, not inconsistent with the provisions of this Act, removethe difficulty:

Provided that no such order shall be made after the expiry of a period of two years from thecommencement of this Act.

(2) Every order made under this section shall be laid before each House of Parliament.

(1) The Central Government may, bynotification, 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 mayprovide 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 undersection 97; and

(f) without prejudice to any power to make rules contained elsewhere in this Act, generally tocarry out the purposes of this Act.

The Government metrorailway administration may, with the previous approval of the Central Government, make regulations notinconsistent with this Act and the rules made thereunder, to provide for all matters for which provisionsare necessary or expedient for the purpose of giving effect to the provisions of this Act.

Every rule made by the CentralGovernment and every regulation made by a Government metro railway administration under this Actshall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session,for a total period of thirty days which may be comprised in one session or in two or more successivesessions, and if, before the expiry of the session immediately following the session or the successivesessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Housesagree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect onlyin such modified form or be of no effect, as the case may be; so, however, that any such modification orannulment shall be without prejudice to the validity of anything previously done under that rule orregulation.

The provisions of this Act shall haveeffect notwithstanding anything inconsistent therewith contained in any enactment other than this Act orin any instrument having effect by virtue of any enactment other than this Act.

Save as otherwise provided in this Act, the provisions of this Actshall be in addition to and not in derogation of the Metro Railways (Construction of Works) Act, 1978 (33of 1978).

(1) The Delhi Metro Railway (Operation and Maintenance) Ordinance,2002 (Ord. 7 of 2002) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall bedeemed to have been done or taken under the corresponding provisions of this Act.