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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 34] NEW DELHI, MONDAY, A U G U ST 21, 1978/SRAVANA 30, 1900

Separate paging is riven to this Part in order that it may be filed

as a separate compilation

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 21st August, 1978/Sravana 30, 1900 (Saka)

The following Act of Parliament received the assent of the President on the 21st August, 1978, and is hereby published for general infor- mation : —

THE METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978 No. 33 OF 1978

[21st August, 1978] An Act to provide for the construction of works relating to metro rail ways 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: —

CHAPTER I

PRELIMINARY

1. (2) 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.

Short

title,

commence-

ment and

applica-

tion.

(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.

2. (1) In this Act, unless the context otherwise requires,—

Definitions (a) "Advisory Board" means the Advisory Board constituted under section 4;

(b) "arbitrator" means the arbitrator appointed under section 16;

(405)

(c) "building'' means a house, outhouse, 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;

(e) "competent authority" means any person or authority autho- rised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act for such area as may be specified in the notification;

(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 redeve- lopment;

(g) "land" includes any right or interest in land;

(h) "metro alignment", in relation t0 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 railway" 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, ware- houses, 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 administration¹', 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;

Bombay- Act III of 1888.

(I) "metropolitan city of Bombay" means the area covered by Greater Bombay as defined in the Bombay Municipal Corporation Act, 1888;

West Bengal Act XIV of 1965.

(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;

Madras Act IV of 1919.

(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 (whe- ther powered or not), wagons, trollies and vehicles of all kinds mov- ing 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,

(in) conversion into more than one place for human habita- tion of s-dch 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.

9 Of 1880.

(2) All other words and expressions used herein and not denned but denned in the Indian Railways Act, 1890, shall have the meanings, res- pectively, assigned to them in that Act.

CHAPTER II

METRO RAILWAY ADMINISTRATION

3. The Central Government may, for the purposes of this Act, appoint General Manager.

a General Manager for every metro railway.

4. (1) The Central Government may constitute an Advisory Board for every metro railway for the purpose of assisting or advising that Gov- ernment on—

Constitu- tion of Advisory Board.

(a) the formulation and co-ordination of plans for the develop- ment 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 ensur- ing that the functions of the metro railway administration are exer- cised 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 appoint- ed 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.

Commit- tees.

5. (1) The Advisory Board may constitute as many committees as it deems necessary consisting wholly of members of such Board or 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.

CHAPTER III

ACQUISITION

Power to acquire land, etc.

6. Where it appears to a metro railway administration that for the construction of any metro railway or any other work connected there- with—

(a) any land, building, street, road or passage, or

{h) any right of user, or any right in the nature of easement, therein,

Is required for such construction or work, it shall apply to the 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.

Publica- tion of notifica- tion for acquisi- tion.

7. (1) On receipt of an application tinder section 6, the Central Gov- ernment, 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 des- cription of the land, building, street, road or passage.

(3) The competent authority shall cause the substance of the notifi- cation to be published in such places and in such manner as may be pres- cribed.

8. On the issue of a notification under sub-section (1) of section 7, it Power to enter for survey, etc

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, build- ing, street, road or passage specified in the notification;

(b) to dig or bore into the sub-soil;

(c) to set out the Intended work;

(cQ to 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, building, wtreet, road or passage, as the case may be.

Hearing of objec tion.

9. (1) Any person interested in the land, building, street, road or passage may, within twenty-one days from 'the date of publication of the notification under sub-section (1) of Section 7 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 (2) shall be made to the com- petent 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 or by a legal practitioner, and may, after hearing all isuch objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections.

Explanation.—For the purposes of this sub-section "legal practitioner"

35 of 196L

has¹ the same meaning as in clause (i) of sub-section (2) of section 2 of the Advocates Act, 1961.

(3) Any order made by the competent authority under sub-section (2) shall be final.

Declara- tion of acquisition.

10. (I) 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 notifica- tion 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 Gov- ernment free from all encumbrances.

(3) Where in respect of any land, building, street, road or passage, a notification has been published under sub-section (2) 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 publica- tion of that notification, the said notification shall cease to have any effect.

(4) A declaration made by the Central Government under sub-section (I) shall not be called in question in any court or by any other autho- rity.

11. (2) Subject to the provisions of section 14, where any land, build- ing, street, road or passage has vested under sub-section (2) of section 10, 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, build- ing, street, road or passage to surrender or deliver possession thereof to

Power to take possession of acquir- ed land, etc.

the competent authority or any person duly authorised by it in this be- half 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 com- petent authority or to the person duly authorised by it.

12. 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 for carrying out the construction of the metro railway or any other work connected therewith.

Right to enter into the land where right of user, etc., Is vested In the Central Govern- ment.

13. (1) Where any land, building, street, road or passage is acquired under this Act, there shall be paid an amount which shall be determined by the competent authority.

Determina- tion of amount payable for acquisition.

(2) Where the right of user in, or any right In the nature of an ease- ment 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 per- son whose right of enjoyment in that land, building, street, road or passage has been affected m any manner whatsoever by reason of such acquisition an amount calculated at ten per cent, of the amount deter- mined under sub-section (1) for that land, building, street, road or passage.

(3) If the amount determined by the competent authority under sub- section (1) or sub-section (2) is not acceptable to either of the parties the amount shall, on an application by either of the parties, to the arbi- trator, be determined by the arbitrator.

(4) The competent authority or the arbitrator while determining the amount under sub-section (1) or sub-section (3), as the case may be, shall take into consideration—

(a) the market value of the land, 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 ax the time of taking possession of the land, building, street, road ot 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.

Deposit and pay^ ment of amount.

14. (I) The amount determined by the competent authority under section 13 shall be deposited by the Central Government in such manner as may be prescribed with the competent authority before taking posses- sion ot the land, building, street, road or pabsage.

(2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behrlf of the Central Government pay the amount to the person or persons entitled thereto.

(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall deter- mine the persons who in its opinion aie entitled to receive the amount payable to each oi them.

(4) If; ony dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part there- of is payable, the competent authority shall refer the dispute to the decision of the principal civil court of otiginal 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 arbitrator is in excess of the amount determined by the competent authority, the arbitrator 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 arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government in such manner as may be pres- cribed with the competent authority and the piovisions of sub-sections (2) to (4) shall apply to such deposit.

15. 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: —

5 of 1908

(a) summoning and enforcing the attendance of any person and

Competent authority to have certain powevg of civil court.

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.

Arbitrator. 16. (1) For every metro railway the Central Government shall, for the purposes of this Act, appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a Judge of a, High Court-

(2) The arbitrator may, if he thinks it expedient so to do, call in his aid one or more assessors and hear the references wholly or par- tially with the aid of such assessors.

(3) Subject to the provisions of this section the provisions of the Arbitration Act, 1940, shall apply to every arbitration under this Act.

10 of 1940.

17. Nothing in the Land Acquisition Act, 1894, shall apply to an acquisition under this Act.

CHAPTER IV

Land Acquisition Act 1 of 1894 not to apply.

CONSTRUCTION OP WORKS

18. Subject to the control of the Centfal Government, the metro railway administration shall, for the purpose of constructing any metro railway or any other work connected therewith,—

Functions of metro railway- administra- tion.

(a) make or construct in, upon, across, under or over any lands, buildings, streets, roads, railways or tramways or any rivers, canals, brooks, streams oi other waters or any drains, water-pipes, gas- pjipes, 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 tem- porarily as permanently, the course of any rivers, canals, brooks, streams) or water-courses or any drains, water-p^pes, gas-pipes, elec- tric lines or telegraph lines or raise or sink the 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, appa- ratus and other works and conveniences, as the metro railway administration thinks proper;

(e) alter, reppir or discontinue such buildings, works and con- veniences 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, alter- ing or repairing and using the metro railway.

19. (1) The metro railway administration shall, for the purpose of constructing any metro railway or any other work connected therewith, have power—

'

Powers of metro railway adminis- tration.

(a) to enter into contracts and leases and to execute all instru- ments necessary therefor;

(b) to make such number of rail tracks as the Central Govern- ment may think necessary upon, under, along or across any land, canal, river, street of road on or in the metro alignment and all other works and conveniences in connection therewith;

(c) to o^en or divert, as the case may be, any street, road, cable, ttench. diain (including a sewer), channel, ditch, culvert or any other¹ 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 telecommunication line, or telegraph installation, over, across or under any land, build- ing, street, road, railway or tramway;

(d) to burrow tunnels;

(e) to lay down signalling and other communication facilities, electric sub-stations, supply lines and other works;

(f) to regulate drilling of tubewells 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.

Develop- ment over metro align- ment.

20. (/) Any person who proposes to develop any land or building along or on the metro alignment shall, before commencing such deve- lopment and without in any way limiting his obligation under any other Act to obtain any approval or consent, submit to the metro railway administration details of the proposed development and shall comply with any conditions imposed by the metro railway administration in respect thereof.

(2) The metro railway administration shall, while imposing any condition under sub-section (1), have regard to—

(a) the safety of the metro railway;

(b) such other matters as may be prescribed.

21. (7) If the Central Government is of opinion that it is necessary or expedient so to do for facilitating the construction of any metro railway or for ensuring the safety of any metro railway, it may, by notification in the Official Gazette,—

Power to prohibit or regulate construc- tion of buildings and

excava- (a) direct that no building or any such development as may be specified in the notification shall be constructed or made above the metro alignment or on any land within such distance, not exceeding

tion.

ten metres on either side of the nijtro alignment, as may be specified in the notification and where there is any building on such land also direct the owner of, or the person having control over, such building to demolish such building or to make such additions or alterations to such building as may be specified in the notification or to desist from making any such development and within such period as may be specified in the notification;

(b) direct temporal y evacuation of all persons topethrr with any movable property or animal th?t may be in the custody, control or possession of such persons from any building situated above the metro alignment or in any area within a distance not exceeding twenty metres on either side of such alignment and within such period as may be specified in the notification:

Provided that before issuing any notification under this clause, the Central Government shall provide every such person temporarily with alternative accommodation, which in its opinion is suitable, free of cost, or an amount, which in its opinion is sufficient, to procure a temporary alternative accommodation.

30 of 1062 (2) Where any property is needed or lkely to be needed for providing any alternative accommodation under the proviso to clause (b) of sub- section (i), such propsrty shall be deemed to be needed for a public purpose under section 3 of the Requisitioning and Acquisition of Immov- able Property Act, 1952, and the competent authority under that Act shall requisition the property in accordance with the provisions of that Act and such provisions shall, in relation to such requisition, apply accordingly.

(3) In specifying the distance under clause (a) of sub-section (1), the Centra] Government shall have regard to—

(a) the nature and the requirement of the metro railway;

(b) the safety of the building;

(c) such other matters as may be prescribed.

(4) Where any notification has been issued under sub-section (1) directing the owner or the person having control over any building to demolish such building or to make additions or alterations to ruch building or to desist from making any development specified in such notification, a copy of the notification containing such direction shall be served on the owner of, or the person having control over, such building, as the case may be,—

(i) by delivering or tendering it to such owner or person; or

(ii) if it cannot be delivered or tendered, by delivering or tender- ing it to the agent of such owner or person or any adult male member of the family of such owner or person or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which such owner or person is known to have last resided or carried on business or personally worked for gain; or failing service by these means;

(Hi) by post.

(5) Every person shall be bound to comply with any direction con- tained in any notification issued under Pub-nection (/).

22. (1) If in consequence of any direction contained in any notification issued under sub-section (1) of section 21 any person sustains any loss or damage, such person shrll be paid an amount which shall be determined by the competent authority in the first instance.

Payment of amount lor prohibi- tion of construc- tion, etc. (2) If the amount determined by the competent authority is not ac- ceptable to either of the parties, the amount shall, on an application by either of the parties to the arbitrator, be determined by the arbitrator.

(3) The competent authority or the arbitrator, while determining the amount under sub-section (2) or sub-section (2), as the case may be, shall take into consideration—

(i) the loss or damage sustained by t-uch person in his earnings;

(ii) the diminution, if ~ny, of the market value of the land or building immediately after the date of publication of such notification;

(Hi) where in pursuance of any direction any building has been demolished or any additions or alterations to such building have been made or any development t rs been desisted by such person, the damage sustained by him in- consequence of such demolition or the making of such additions or alterations or the desisting from making such development and the expanses incurred by such person for such demolition or additions or alterations:

Provided that the expense incurred for such demolition or addi- tions or alterations shall not be taken into consideration if such demo- lition or additions or alterations has or have been done by the metro railway administiation under bub-section (2) of section 3ti;

(iv) if any such person is compelled to change his residence or place of business the reasonable expanses, if any, that mry have to be incurred by him incidental to such change.

23. (1) If the metro railway administration is of opinion that it is necessary or expedient so to do for facilitating the construction of any metro railway or for (insuring the i-afety ot any metro railway, it may, underpin or otherwise strengthen any building within such radius not exceeding fifty metres from the metro alignment.

Power to underpin building or other- wise stren- gthen it.

(2) The metro railway administration shall give to the owner or occupier of such building at least ten days notice in writing before under- taking the work of underpinning or otherwise strengthening the building

Provided that where the metro railway administration is satisfied that an emergency exists, no such notice shall be necessary.

(3) Where the underpinning or strengthening was executed in con- nection with—

(a) the carrying out of the works upon the land where any building is situated, or

(b) the construction or operation of any metro railway, the metro railway administration may, at any time after the underpin- ning or strengthening of such building is completed and before the expi- ration of a period of twelve months,—

(i) in a case referred to in clause (a), from the completion of

such works; and

(ii) in a case referred to in clause (b), from the date on which

traffic was opened in the metro railway,

enter upon and survey such building and do such further underpinning or strengthening thereon as it may deem necessary.

Power to enter, etc.

24. (1) With a view to making survey, or to ascertaining the nature or condition, of any land or building for the purpose of construction of any metro railway or any other work connected therewith, the¹ metro railway administration or any person authorised by that administration may, at any reasonable hour in the day time and after giving reasonable notice to the owner or occupier of such land or building, enter upon or into such land or building in, along, over or near the metro alignment to—

(a) inspect the same;

(b) make measurements and drawings and take photographs thereof and such other suitable measures as may be necessary to explore and check up, by digging trial pits or otherwise, the foundation of any building in the vicinity of the metro alignment;

(c) take such other measures as the said administration deems

necessary and proper.

Amount payable for damage, loss or in- jury.

shall, on application by either of the parties to the arbitrator, be deter- mined by the arbitrator.

(3) The competent authority or the rrbitrator while determining the amount under sub-section (1) or sub-section (2), as the case may be, shall have due regard to the damage, los^ or injury sustained by any pet'son interested in the land, building, street, road or passage by rerson of—

(i) the removal of trees or standing croyijs, if any;

(ii) the temporary severance of the land, building, street, road or passage;

{Hi) any injury to any other property whether movable! or im- movaible.

Right to claim for damages 26. No claim in respect of any damage, loss or injury alleged to have been caused as a consequence of construction of any metro railway or any other work connected therewith under this Act shall lie against the metro railway administration unless such claim is made within a period of twelve months from the date of completion of the construction, of such metro railway or other work in the area in which such damage, loss or injury is caused.

CHAPTER V

INSPECTION OF METRO RAILWAY

27. (1) The Central Government may appoint as many persons as it thinks fit by name or by virtue of their office to be commissioners of metro railway.

(2) Every commissioner shall—•

Appoint- ment and duties of com- missioner (a) inspect the metro railway with a view to determining whe- ther it is fit to be opened for public carriage of passengers and report thereon to the Central Government;

(b) make such periodical or other inspections of any metro rail- way or of any rolling stock used thereon as the Central Government may direct;

(c) perform such other duties as may be imposed on him by or under this Act or any other enactment for the time being in force relating to railways or required by the Central Government.

28. Subject to the control of the Central Government every commia- aioner shall have the power—

Powers of Commis- sioners.

(a) to enter upon and inspect any metro railway or any rolling stock used thereon;

(b) to make any enquiry or to take any measurement as he thinks fit for the performance of his duties under this Act;

(c) by an order in writing under his hand and official seal addressed to any metro railway administration, to require the atten- dance before him of any officer or other employee of the metro rail- way and to require answers or returns, to such enquiries as he thinks fit to make, from such officer or other employee or from the said administration;

(d) to require the production of any book or other documents belonging to, or in the possession or control of, any metro railway administration which it appears to him to be necessary to inspect for the performance of his duties by or under this Act.

20. Every metro railway administration shall afford to every commis- sioner all reasonable facilities for performing the duties or exercising the powers imposed or conferred upon him by or under this Act.

CHAPTER VI

Facilities to be afforded to com- mis- sioner.

MISCELLANEOUS

30, Every metro railway administration may, with the previous appro- val of the Central Government, sell or otherwise dispose of any land vested in the Central Government under the provisions of this Act when such land is no longer required for the purposes of the metro railway.

Surplus land to be sold or other- wise disposed of.

Notice of accidents and enquiries.

31, (2) If any accident occurs during the construction of any metro railway or at any stage subsequent thereto as a consequence of such construction and the accident results in, or is likely to have resulted in, loss of human being or animal or damage to any property, it shall be the duty of the metro railway administration to give notice to the Central Government of the occurrence of any such loss or damage in such form and within such time as may be prescribed.

(2) On receipt of a notice under sub-section {1), the Central Gov- ernment may, if it thinks lit, appoint a commission to enquire into the accident and report as to—

(a) the cause of such a-'cident;

(b) the manner in which and the extent to which the provisions of tnis Act or any other' Act for the time being in force in so far as those provisions regulate and govern the safety of any person, animal or property, have been complied with.

of 1908.

(3) The commission appointed under sub-section (2), while holding an enquiry, shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following mat- ters, namely: —

(a) summoning and enforcing the attendance of any person and

examining him on oath;

(b) requiring the discovery or 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.

32, (2) The Central Government may, by notification in the Official

Gazette,—

Power to alter the entries in the Schedule.

(a) add to the Schedule the metro alignment in respect of a metropolitan city to which this Act is made applicable under sub- section (3) of section 1;

(b) alter any metro alignment specified in the Schedule if it U of opinion that such alteration is necessary for the construction and maintenance of the metro railway to which such alignment relates.

(2) Every notification issued under sub-section (1) shall, as soon as

•may be after it is issued, be laid before each House of Parliament.

Prohibi- tion of obstruc- tion.

33. No person shall, without any reasonable cause or excuse, obstruct any person with whom the metro railway administration has entered Into a contract, in the performance or execution by such person of such contract.

Local authori- ties to assist 34. Every local authority shaU render such help and assistance and furnish such information to the metro railway administration as that administration may require for discharging its functions and shall make .available to the said administration for inspection and examination such records, maps, plans and other documents as may be necessary for the discharge of such functions.

35. No person shall remove any marks placed or fill up any trench cut for the purpose of marking levels, boundaries or lines by the metro rail- way administration.

Prohibi- tion of removal of marks.

36. (1) If any person wilfully fails to comply with any direction con- tained in any notification issued under section 21, he shall be punished with imprisonment for a term which may extend to six months, or with fine -which may extend to one thousand rupees, or with both.

Penalty for failure to comply with direc- tion! issued under section 21.

(2) Without prejudice to the provisions of sub-section (1), if any t.person fails to demolish any building or make additions or alterations "thereto in pursuance of any direction contained in any notification issued under section 21 within the period specified in the notification, then, subject to such rules as the Central Government may make in this behalf, it shall be competent for any officer authorised by the metro railway administration in this behalf to demolish such building or make necessary

• additions or alterations thereto.

37. Whoever contravenes any provision of this Act or of any rule made thereunder shall, if no other penalty is provided for such contra- vention elsewhere in this Act or the rules, be punishable with imprison- ment for a term which may extend to three months, or with fine which

.i-may extend to five hundred rupees, or with both.

General provision for punish- ment of offences.

Offences by com- panies.

38. (2) Where an offence undex this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any

such person liable to any punishment, if he proves that the offence was. committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is- proved that the offence has been committed with the consent or conniv- ance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager,, secretary or other officer shall be deemed to be guilty of that offence and. shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purposes of this section,—

(a) "company" means any body corporate and includes a firm or

other association ol individuals; and

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

Bar of juris- diction,

39. No suit or application for injunction shall lie in any court against the Central Government or the metro railway administration or any officer or other employee of that Government or the metro railway or any person working for or on behalf of the metro railway administra- tion, in respect of any work done or purported to have been done or i n- tended to be done by it or the said administration or such officer or other- employee or such person in connection with the construction of any metro railway or any other work connected therewith.

40. The provisions of this Act or any rule made or any notification' issued thereunder shall have effect notwithstanding anything inconsis- tent therewith contained in any enactment other than this Act or in a ny instrument having effect by virtue of any enactment other than this Act..

Effect of Act and rules, etc., in- consis- tent with other enact- ments.

41. (1) No suit, prosecution or other legal proceeding shall lie against the Central Government, the metro railway administration or any officer or other employee of that Government or the metro railway for anything which is in good faith done or intended to be done under this Act.

Protec- tion of action taken In good faith.

(2) No suit, prosecution or other legal proceeding shall lie against the Central Government or the metro railway administration or any officer or other employee of that Government or the metro railway for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act,

42. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, do anything not inconsistent with such provisions, which appears to it to be necessary or expedient for the purpose of removing the difficulty:

Power to re- move difficul- ties.

Provided 1 wt no such order shall, in relation to any metropolitan city, be made afta* tne expiry of a period of two years from the date on which this Act applies or is made applicable to such metropolitan city under sub-section (3) of section L

43. Save as otherwise provided in this Act, the provisions of this Act shall be in addition to. and not in derogation of, the Indian Railways Act. 1890.

9 of 1890.

Applica- tion of the In- dian Railways Act, 1890.

44. (1) The Central Government may, by notification in the Official

Gazette, make rules to carry out the purposes of this Act.

Power to make rules.

(2) In particular and without prejudice to the generality of the fore- going power, such rules may provide for the following matters, namely:—

(a) the times and places at which the Advisory Board shall meet and the procedure in regard to transaction of business by the Advisory Board under sub-section (5) of section 4;

(b) the term of office of the members of the Advisory Board under sub-section (6) of section 4;

(c) the times and places at which the committees shall meet and the procedure in regard to transaction of business by the committees under sub-section (2) of section 5;

(d) the payment of fees, allowances and travelling allowances to the members of the committee under sub-section (3) of section 5;

(e) the form in which an application for acquisition shall be

made under section 6;

(/) the places at which and the manner in which the substance of the notification shall be published under sub-section (3) of sec- tion 7;

(y) the manner in which the amount shall be deposited with the competent authority under sub-iections (2) and (6) of section 14;

(h) the matters to be specified under clause (b) of sub-section.

(2) of section 20;

(i) the matters to be specified under clause (c) of sub-section

(3) of section 21;

(?) the foim in which and the time within which a notice shall

be givan under sub-section (1) of section 31;

(7c) any other matter which is required to be or may be pres-

cribed.

(3) Every rule made under this section shall be laid, as soon as may- be after it is made, before ench 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 successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall there- after have effect only in such modified form or be of no effect, as the oase may be; s°i however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Saving.

1 of 1894.

45. Notwithstanding anything contained in this Act any proceeding, for the acquisition of any land, under the Land Acquisition Act, 1894 for the purpose of any metro railway, pending immediately before the com- mencement of this Act before any court or other authority shall be con- tinued and be disposed of under that Act as if this Act had not come into force.