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METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978
33 of 1978
21st August, 1978
An Act to provide for the construction of works relating to metro railways in the metropolitan cities and for matters connected therewith. Be it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE, COMMENCEMENT AND APPLICATION
(1) This Act may be called the Metro Railways (Construction of Works) Act, 1978.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
(3) It applies in the first instance to the metropolitan city of Calcutta; and the Central Government may, by notification in the Official Gazette, declare that this Act shall also apply to such other metropolitan city and with effect from such date as may be specified in that notification and thereupon the provisions of this Act shall apply to that city accordingly.
SECTION 02: DEFINITIONS
(1) In this Act, unless the context otherwise requires,-
(a) "Advisory Board" means the Advisory Board constituted under section 4-;
(b)a[Appellate authority] means the a[appellate authority] appointed under section 16-;
(c) "building" means a house, duthouse, stable, latrine, urinal, shed, hut or wall or any other structure or erection whether of masonry bricks, wood, mud, metal, or any other material or any part of a building, but does not include a plant or machinery installed in a building or any part thereof or any portable shelter;
(d) "commissioner" means a commissioner of metro railway appointed under section 27-;
a[(e) "competent authority" means the competent authority appointed under section 16-;]
(f) "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 in any building or land or planting of any tree on land and includes re-development;
(g) "land" includes any right or interest in land;
(h) "metro alignment", in relation to any metropolitan city, means such alignment of the metro railway as is specified in the Schedule under that city and includes the metro railway;
(i) "metro railways" means a metro railway or any portion thereof for the public carriage Of passengers, animals or goods and includes,-
(a) all land within the boundary marks indicating the limits of the land appurtenant to a metro railway.
(b) all lines of rails, 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 any metro railway, means the General Manager of that metro railway;
(k) "metropolitan city" means the Metropolitan city of Bombay, Calcutta, Delhi or Madras;
(1) "metropolitan city of Bombay" means the area covered by Greater Bombay as defined in the Bombay Municipal Corporation Act, 1888;
(m) "metropolitan city of Calcutta" means the area described under the heading "1. Calcutta Metropolitan District" in the Schedule to the Calcutta Metropolitan Planning Area (Use and Development of Land) Control Act, 1965;
(n) "metropolitan city of Delhi" means the entire area of the Union territory of Delhi;
(o) "metropolitan city of Madras" means the area covered by the City of Madras as defined in the Madras City Municipal Act, 1919;
(p) "prescribed" means prescribed by rules made under this Act;
(q) "rolling stock" includes locomotives, engines, carriages (whether powered or not), wagons, trollies and vehicles of all kinds moving or intended to move on rails;
(r) "to erect", in relation to any building, includes -
(i) any material alteration or enlargement of such building,
(ii) conversion, by structural alteration, into a place for human habitation of such building not originally constructed for human habitation.
(iii) conversion into more than one place for human habitation of such building originally constructed as one such place,
(iv) conversion of two or more places of human habitation in such building into a greater number of such places,
(v) such alteration of such building as would alter the drainage or sanitary arrangements therein or would materially affect its security, and (vi) the addition of any rooms in such building.
(2) All other words and expressions used herein and not defined but defined in the Indian Railways Act, 1890, shall have the meanings, respectively, assigned to them in that Act.
SECTION 03: GENERAL MANAGER
The Central Government may, for the purposes of this Act, appoint a General Manager for every metro railway.
SECTION 04: CONSTITUTION OF ADVISORY BOARD
(1) The Central Government may constitute an Advisory Board for every metro railway for the purpose of assisting or advising that Government on -
(a) the formulation and co-ordination of plans for the development of metro railway and its expansion;
(b) the financing and execution of any project for the construction of the metro railway;
(c) such other matters as may be referred to it for carrying out the purposes of this Act and in particular for the purpose of ensuring that the functions of the metro railway administration are exercised with due regard to the circumstances or conditions prevailing in, and requirements of, the metropolitan city.
(2) The Advisory Board shall consist of such number of members (being officers of the Government) not exceeding nine as may be appointed to it by the Central Government,
(3) The-Central Government shall appoint one of the members of the Advisory Board as its Chairman.
(4) The Central Government shall publish in the Official Gazette the names of all the members of the Advisory Board and the Chairman thereof.
(5) The Advisory Board shall meet at such times and places and shall observe such procedure in regard to the transaction of its business as may be prescribed.
(6) The members of the Advisory Board shall hold office for such term as may be prescribed.
SECTION 05: COMMITTEES
(1) The Advisory Board may constitute as many committees as it deems necessary consisting wholly of members of such Boarder wholly of other persons or partly of members of the Board and partly of other persons for such purposes as it may think fit,
(2) Every committee constituted under sub-section (1) shall meet at such times and places and shall observe such procedure in regard to the transaction of its business as may be prescribed.
(3) There shall be paid to the members of the committee who are not members of the Advisory Board, such fees and allowances for attendance at the meetings of the committee and such travelling allowances as may be prescribed.
SECTION 06: POWER TO ACQUIRE LAND, ETC
- Where it appears to a metro railway administration that for the construction of any metro railway or any other work connected therewith -
(a) any land, building, street, road or passage, or
(b) any right of user, or any right in the nature of easement, therein, is required for such construction or work, it shall apply to Central Government in such form as may be prescribed for acquiring such land, building, street, road or passage or such right of user or easement.
SECTION 07: PUBLICATION OF NOTIFICATION FOR ACQUISITION
(1) On receipt of an application under section 6-, the Central Government, after being satisfied that the requirement mentioned therein is for a public purpose, may, by notification in the Official Gazette, declare its intention to acquire the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein referred to in the application
(2) Every notification under sub-section (1) shall give a brief description of the land, building, street, road or passage.
(3) The competent authority shall cause the substance of the notification to be published in such places and in such manner as may be prescribed.
SECTION 08: POWER TO ENTER FOR SURVEY, ETC
On the issue of a notification under sub-section (1) of section 7- it shall be lawful for the metro railway administration or any officer or other employee of the metro railway,
(a) to enter upon and survey and take level of the land, building, street, road or passage specified in the notification;
(b) to dig or bore into the sub-soil;
(c) to set out the intended work;
(d) lo mark such levels, boundaries or lines by placing marks and cutting trenches;
(e) to do all other acts necessary to ascertain whether the metro railway can be laid upon or under the land, building, street, road or passage, as the case may be : Provided that while exercising any power under this section the metro railway administration or such officer or other employee shall cause as little damage or injury as possible to such land, buildings, street, road or passage, as the case may be.
SECTION 09: HEARING OF OBJECTION
(1) Any person interested in the land, building, street, road or passage may, within twenty-one days from the [date of publication under subsection (3) of section 7-of the substance of the notification under subsection (1) of that section] object to the construction of the metro railway or any other work connected therewith upon or under the land, building, street, road or passage, as the case may be.
(2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person [by an agent or] by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections.
(3) Any order made by the competent authority under sub-section (2) shall be final.
SECTION 10: DECLARATION OF ACQUISITION
(1) Where no objection under sub-section (1) of section 9-has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under sub-section (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein for laying the metro railway should be acquired.
(2) On the publication of the declaration under sub-section (1), the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein shall vest absolutely in the Central Government free from all encumbrances.
(3) Where in respect of any land. building, street, road or passage a notification has been published under sub-section (1) of section 7-either for its acquisition or for the acquisition of the right of user, or any right in the nature of easement, therein, but no declaration under this section has been published within a period of one year from the date of publication of that notification, the said notification shall cease lo have any effect.
a[Provided that in computing the said period of one year, the period or periods during which any action or proceeding to be taken in pursuance of the notification issued under sub-section (1) of section 7-[including any such action or proceeding pending immediately before the commencement of the Metro Railways (Construction of Works) Amendment Act, 1987] is stayed by an order of a Court, whether granted before or after such commencement, shall be excluded.]
(4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority.
SECTION 11: POWER TO TAKE POSSESSION OF ACQUIRED LAND, ETC
(1)a[Where any land, building, street, road or passage has vested under sub-section (2) of section 10-and the amount determined by the competent authority under section 13-with respect to such land, building, street, road or passage has been deposited under sub-section (1) of section 14-, with the competent authority by the Central Government] the competent authority may by notice in writing direct the owner as well as any other person who may be in possession of such land, building, street, road or passage to surrender or deliver possession thereof lo the competent authority or any person duly authorised by it in this behalf within sixty days of the service of the notice.
(2) If any person refuses or fails to comply with any direction made under sub-section (1), the competent authority shall apply,-
(a) in the case of any land, building. street, road or passage situated in any area falling within the Presidency- town of Bombay, Calcutta or Madras, to the Commissioner of Police.
(b) in the case of any land, building, street, road or passage situated in any area other than the area referred to in clause (a), to the Executive Magistrate, and such Commissioner or Magistrate, as the case may be, shall enforce the surrender of the land, building, street, road or passage to the competent authority or to the person duly authorised by it.
SECTION 12: RIGHT TO ENTER INTO THE LAND WHERE RIGHT OF USER, ETC., IS VESTED IN THE CENTRAL GOVERNMENT
- Where the right of user in, or any right in the nature of easement on. any land, building, street, road or passage has vested in the Central Government under section 10-, it shall be lawful for the metro railway administration or any officer or other employee of the Central Government to enter and do any other act necessary upon the land, building, street, road or passage lor carrying out the construction of the metro railway or any other work connected therewith.
SECTION 13: DETERMINATION OF AMOUNT PAYABLE FOR ACQUISITION
(1) Where any land, building, street, road or passage is acquired under this Act, there shall be paid an amount which shall be determined a[by an order of the competent authority.]
(2) Where the right of user In, or any right in the nature of an easement on any land, building, street, road or passage is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land, building, street, road or passage has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent. of the amount determined under subsection (1) for that land, building, street, road or passage.
a[(2A) Before proceeding to determine the amount under sub-section (1) or sub-section (2), the competent authority shall give a public notice published in the prescribed manner inviting claims from all persons interested in the land, building, street, road or passage, or the right of user or the right in the nature of easement therein to be acquired,
(2B) Such notice shall state the particulars of the land. building street, road or passage acquired, or the right of user or the right in the nature of easement therein acquired and shall require all persons interested in such land building, street, road or passage or right of user or right in the nature of easement therein, to appear in person, or by an agent or by a legal practitioner referred to in sub-section (2) of section 9-. before the competent authority, at a time and place therein mentioned (such time not being earlier than fifteen days after the date of the publication of the notice) and to slate the nature of their respective interests in such land, building, street road or passage or right of user or right in the nature of easement therein.]
(3) If the amount determined by the competent authority under subsection (i) or sub-section (2) is not acceptable to either of parties the amount shall. c [on an appeal preferred by either of the parties to the appellate authority, within a period of sixty days from date of the order appealed against, be determined by an order of the appellate authority.]
(4) The competent authority or thed [appeiiate authority] while determining the amount under sub-section (1) or sub-section (3). as the case may be, shall take into consideration
(a) the marker value of the and building street, road or passage on the date of publication of the notification under section 7-.
(b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land;
(c) the damage, if any, sustained by the person interested at the time of taking possession of the land, building, street, road or passage by reason of the acquisition injuriously affecting his other immovable property in any other manner, or his earnings;
(d) if, in consequence of the acquisition of the land, building, street, road or passage, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.
SECTION 14: DEPOSIT AND PAYMENT OF AMOUNT
(1) The amount determined a[* * *] undersection13-shall be deposited by the Central Government in such manner as may be prescribed with the competent authority b[within such time as may be fixed by that authority].
(2) As soon as may be after the amount has been deposited under subsection ( 1 ), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto a [Provided that where an appeal has been or is likely to be preferred under section 13-against the order by which such amount was determined arid the competent authority is satisfied for reasons to be recorded in writing that it is necessary or expedient so to do, he may by order in writing-
(a) require the person claiming payment of such amount to furnish as a condition of receiving such payment, such security as may be specified in the order; or
(b) if such person fails to furnish such security, withhold the payment of the whole or any part of such amount for such period as may be specified in the order.]
(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.
(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land, building, street, road or passage is situated.
(5) Where the amount determined under section 13-by the d[appellate authority] is in excess of the amount determined by the competent authority, the d[appellate authority] may award interest at six per cent per annum on such excess amount from the date of taking possession under section 11-till the date of the actual deposit thereof.
(6) Where the amount determined by the d[appellate authority] is in excess of the amount determined by the competent authority the excess amount together with interest, if any, awarded under sub-section (3) shall be deposited by the Central Government in such manner as may be prescribed with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit.
SECTION 15: COMPETENT AUTHORITY TO HAVE CERTAIN POWERS OF CIVIL COURT
- The competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document; (c) reception of evidence on affidavits; (d) requisitioning any public record from any court or office; (e) issuing commission for examination of witnesses.
SECTION 15A: POWER TO INSPECT PROPERTY UNDER ACQUISITION
- The competent authority may, with or without assistants or workmen, enter into or upon any land, building, street, road or passage, for the purpose of performing his functions under this Act and make such enquiry, inspection, measurement and take such photographs and prepare such memorandum thereof as he may consider necessary: Provided that-
(i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to-
(a) the owner of, or the person interested in, the land, building, street, road or passage; or
(b) the person whose right of user in or right in the nature of easement on the land, building, street, road or passage is acquired, or
(c) the person who sustains any loss or damage to the land, building, street, road or passage in consequence of any direction given by the Central Government or any power exercised by the metro railway administration under this Act.
(ii) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land, building, street, road or passage;
(iii) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made to the social and religious usage of the person to whom notice as aforesaid is given;
(iv) the competent authority making the entry shall cause as little damage or injury as possible, to the land. building, street, road or passage.]
SECTION 16: COMPETENT AUTHORITY AND APPELLATE AUTHORITY
(1) For every metro railway, the Central Government shall, for the purposes of this Act, by notification in the Official Gazette, appoint-
(i) a competent authority; and
(ii) an appellate authority, for such area as may be specified in the notification.
(2) A person shall not be qualified for appointment as a competent authority unless he is holding, or has held, a judicial office, not lower in rank than that of a subordinate judge.
(3) A person shall not be qualified for appointment as an appellate authority unless he is holding, or has held, a judicial office, not lower in rank than that of a District Judge.
SECTION 16A: POWERS OF THE APPELLATE AUTHORITY
(1) The appellate authority may admit an appeal filed after the expiry of the period referred to in section 13-orsection 22-orsection 25-, as the case may be, if he is satisfied that there was sufficient cause for not presenting it within that period.
(2) For the disposal of an appeal under this Act, the appellate authority shall have the same powers (including the powers under sections 15-and 15A), and shall, subject to the provisions of this section, perform as nearly as may be the same duties as are conferred or imposed by this Act on the competent authority in respect of the matters under Chapter 3 and Chapter 4.
(3) The appellate authority may, if he thinks it expedient so to do, call in his aid one or more assessors and hear the appeal wholly or partly with the aid of such assessors.
(4) For the purpose of determining the amount under any appeal before him, the appellate authority may, after making such further enquiry or after taking such additional evidence, as may be necessary, pass such order as he thinks fit, determining the amount, by confirming, modifying or annulling the order appealed against.
(5) An order of the appellate authority determining the amount under this Act shall be final.
SECTION 16B: COMPETENT AUTHORITY, ETC., TO HAVE CERTAIN INHERENT POWERS
The competent authority and the appellate authority may exercise powers of the nature referred to in section 151 of the Code of Civil Procedure, 1908-to the same extent and for the same purposes as such powers are exercisable by civil courts.
SECTION 16C: ENFORCEMENT OF THE ORDERS OF THE COMPETENT AUTHORITY AND APPELLATEAUTHORITY
(1) Any order made by the competent authority or the appellate authority determining any amount payable under this Act may be enforced in the same manner as if such order were a decree made by a civil court in a suit pending therein, and it shall be lawful for such authority to send, in the case of his inability to execute, such order, to the principal civil court of original jurisdiction within the local limits of whose Jurisdiction the order was made.
(2) Where any order under sub-section (1) is required to be enforced by the principal civil court of original jurisdiction, a certified copy of the order shall be produced to the proper officer of the court required to enforce the order.
(3) The production of such certified copy shall be sufficient evidence of the order.
(4) Upon the production of such certified copy, the principal civil court of original jurisdiction shall take the requisite steps for enforcing the order, in the same manner as if it had been a decree made by itself.]
SECTION 17: LAND ACQUISITION ACT 1 OF L894 NOT TO APPLY
Nothing in the Land Acquisition Act, 1894, shall apply to an acquisition under this Act.
SECTION 18: FUNCTIONS OF METRO RAILWAY ADMINISTRATION
- Subject to the control of the Central Government, the metro railway administration shall, for the purpose of constructing any metro railway or any other work connected therewith.-
(a) make or construct in, upon, across, under any lands, buildings, streets, roads, railways or tramways or any rivers, canals, brooks, streams or other waters or any drains, water-pipes, electric lines or telegraph lines such temporary or permanent inclined planes, arches, tunnels, culverts, embankments, aqueducts, bridges, ways or passages, as the metro railway administration thinks proper;
(b) alter the course of any rivers, canals, brooks, streams or water-courses for the purpose of constructing tunnels, passages or other works over or under them and divert or alter as well temporarily as permanently, the course of any rivers, canals, brooks, streams, or water-courses or any drains water-pipes, gas-pipes, electric lines or telegraph lines or raise or sink level thereof in order the more conveniently to carry them over or under, as the metro railway administration thinks proper;
(c) make drains or conduits into, through or under, any lands adjoining the metro railway for the purpose of conveying water from or to the metro railway;
(d) erect or construct such houses, warehouses, offices and other buildings and such yards, stations, engines, machinery, apparatus and other works and conveniences, as the metro railway administration thinks proper;
(e) alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them, and substitute others in their stead;
(f) draw. make or conduct such maps, plans surveys or tests, as the metro railway administration thinks proper;
(g) do all other acts necessary for making, maintaining, altering or repairing and using the metro railway,
SECTION 19: POWERS OF METRO RAILWAY ADMINISTRATION
(1) The metro railway administration shall, for the purpose of a [performing its functions under section 18-] have power-
(a) to enter into contracts and leases and to execute all instruments necessary therefor;
(b) to make such number of rail tracks as the Central Government may think necessary upon, under, along or across any land, canal, river, street or road on or in the metro alignment and all other works and conveniences in connection therewith;
(c)b[to open, divert or temporarily close] as the case may be, any street, road cable trench, drain (including a sewer), channel, ditch, culvert or any other device (whether for carrying of sullage, sewage, offensive matter, polluted water, trade effluent, rain water, sub-soil water or any other object), electric or gas supply line or tele-communication line, or telegraph installation, over, across or under any land, building, street road, railway or tramway,
(d) to burrow tunnels;
(e) to lay down signalling and other communication facilities, electric substations, supply lines and other works;
(f) to regulate drilling of tube wells or sinking of wells, public or private, in the proximate vicinity of the metro alignment;
(g) to do all other things necessary or expedient for the exercise of any of the aforesaid powers.
(2) While exercising any powers under sub-section (1), the metro railway administration shall take such precautionary measures as are necessary, shall do as little damage as possible and shall be liable only for the damage or cost actually suffered or incurred by any person as a result of the exercise of such powers.
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