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DELHI METRO RAILWAY (OPERATION AND MAINTENANCE) ACT, 2002
60 of 2002
December 17, 2002
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:-
SECTION 01: SHORT TITLE, EXTENT 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.
SECTION 02: 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 includes redevelopment;
(d) "electric supply-line" shall have the meaning assigned to it under clause (ft 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;
(l) "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 that 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.
SECTION 03: 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.
(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.
SECTION 04: 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.
SECTION 05: FUNCTIONS OF METRO RAILWAY ADMINISTRATION
-The functions of a metro railway administration shall 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 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.
SECTION 06: 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 passengers, 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.
SECTION 07: APPOINTMENT OF COMMISSIONER OF METRO RAILWAY SAFETY
-The Central Government may appoint one or more Commissioners of Metro Railway Safety.
SECTION 08: 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.
SECTION 09: 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 metro 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.
SECTION 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, 1860 (45 of 1860).
SECTION 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.
SECTION 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 thereof to the Central Government.
SECTION 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.
SECTION 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.
SECTION 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 down 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 before 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.
SECTION 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 of 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.
SECTION 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 been 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 the following conditions, namely:-
(a) the metro railway official in charge of the works undertaken by reason 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 public; and
(b) a notice of the opening of the tracks and works or the diversion shall be sent immediately to the Commissioner.
SECTION 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 the 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.
SECTION 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 reuse is sanctioned in accordance with the provisions of this chapter.
SECTION 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.
SECTION 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, as may be specified in the notification, be exercised or discharged also by the Commissioner.
SECTION 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.
SECTION 23: EXHIBITION OF FARE TABLES AT STATION AND SUPPLY OF TICKETS.
(1) The metro railway administration shall cause to be pasted in a conspicuous and accessible place at every station in Hindi and English a table of the fare chargeable for travelling 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 with a 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 other particulars as may be prescribed.
SECTION 24: EXHIBITION AND SURRENDER OF PASS AND TICKET
-Every passenger shall, on demand by any metro railway official authorised in this behalf, present his pass or ticket to such metro railway official for examination 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 the ticket was issued.
SECTION 25: PROHIBITION AGAINST TRAVELLING WITHOUT PASS OR TICKET
-No person shall enter or remain in any carriage on the metro railway, for the purpose of travelling therein as a passenger, unless he has with him a proper pass or ticket.
SECTION 26: CARRIAGE OF GOODS
(1) No person shall, while travelling in the metro railway, carry with him any goods other than a small baggage containing personal belongings not exceeding such volume and weight as may be prescribed.
(2) Where any person travels on the metro railway in contravention of the provisions of subsection
(1), he shall, notwithstanding that he holds a valid pass or ticket for any travel in such
railway, be liable to be removed from the train by any metro railway official authorised by the metro railway administration in this behalf or by any other person whom such metro railway official may call to his aid.
SECTION 27: PROHIBITION AGAINST TRAVELLING OF PERSON SUFFERING FROM INFECTIOUS OR CONTAGIOUS DISEASES AND POWERS TO REMOVE THEM
(1) No person suffering from infectious or contagious diseases as may be prescribed, shall travel by the metro railway.
(2) Any person travelling in contravention of any rule made under sub-section (1) shall be liable to be removed from the metro railway.
SECTION 28: COMMUNICATION BETWEEN PASSENGERS AND METRO RAILWAY OFFICIALS IN CHARGEOF TRAINS.
-The metro railway administration shall provide and maintain in proper order, in any metro train, such efficient means of communication between the passengers and the metro railway official in charge of the train as may be approved by the Central Government.
SECTION 29: RIGHT OF METRO RAILWAY ADMINISTRATION TO DISPLAY COMMERCIALADVERTISEMENTS ON METRO RAILWAY OR ON THE PREMISES OCCUPIED BY IT
-The metro railway administration may use its premises, lands, buildings, posts, bridges, structures, vehicles, rolling stock and other property for displaying commercial 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.
SECTION 30: CARRIAGE OF DANGEROUS OR OFFENSIVE MATERIAL.
(1) No person shall take or cause to be taken on the 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 a container of any form, or otherwise, any dangerous or offensive material, he may cause such container to be opened by its carrier for the purposes of ascertaining its contents.
(3) Any metro railway official may remove from the metro railway and person taking with him any dangerous or offensive material.
SECTION 31: POWER TO REMOVE PERSONS FROM METRO RAILWAY AND ITS CARRIAGES
-Any person. entering upon or into any part of the metro railway without lawful authority, on being asked to leave the metro railway by any metro railway official, does not leave therefrom, may be removed from the metro railway by such metro railway official or by any other person whom such metro railway official may call to his aid.
SECTION 32: POWER TO MAKE RULES
(1) The Central Government may, by notification, make rules to carry out the provisions of this chapter.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the particulars of the ticket such as the value, the period of validity and other particulars under sub-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 the metro railway.
(3) Every metro railway administration shall keep at every station on its metro railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge.
SECTION 33: FIXATION OF FARE FOR CARRIAGE OF PASSENGERS.
-The metro railway administration shall, from time to time, on the recommendations made to it by the Fare Fixation Committee constituted under sub-section
(1) of Section 34, fix, for the carriage of passengers, fare for travelling from one station to another of the metro railway : Provided that the metro railway administration may fix the fare under this section without recommendations of the Fare Fixation Committee on the initial opening of the metro railway.
SECTION 34: CONSTITUTION OF FARE FIXATION COMMITTEE
(1) The Central Government may, from time to time, constitute a Fare Fixation Committee for the purpose of recommending fare for the carriage of passengers 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 a Judge of a High Court.
(4) One member each shall be nominated by the Central Government and the Government of the National Capital Territory of Delhi respectively :
Provided that a person who is or has been an Additional Secretary to the Government of India or holds any equivalent post in the Central Government shall be qualified to be nominated by the said Government.
(5) A sitting Judge of a High Court shall be appointed after consultation with the Chief Justice of that High Court.
SECTION 35: OTHER TERMS AND CONDITIONS AND PROCEDURE TO BE FOLLOWED.
(1) The other terms and conditions of the Fare Fixation Committee, and the procedure to be followed by that committee shall be such as may be prescribed.
(2) The metro railway administration shall provide to the Fare Fixation Committee all reasonable facility for the discharge of its duties under this Act.
SECTION 36: PERIOD FOR MAKING RECOMMENDATIONS.
-The Fare Fixation Committee shall submit its report along with recommendations to the metro railway administration within such period. not exceeding three months, as may be specified by order made by the Central Government.
SECTION 37: RECOMMENDATIONS TO BE BINDING ON METRO RAILWAY ADMINISTRATION.
-The recommendations made by the Fare Fixation Committee shall be binding on the metro railway administration.
SECTION 38: NOTICE OF METRO RAILWAY ACCIDENT
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