Indian Bare Acts

Search Alphabatically :

THE DELHI METRO RAILWAY (OPERATION AND MAINTENANCE) ACT, 2002

Title : THE DELHI METRO RAILWAY (OPERATION AND MAINTENANCE) ACT, 2002

Year : 2002



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



A person shall not be qualified for appointment as Claims Commissioner unless he-

(a) Is or has been, or is qualified to be, a Judge of a High Court;
or

(b) Has been a Member of the Indian Legal Service and has held a post in Grade I of that Service; or

(c) Has, for at least three years, held a civil judicial post carrying a scale of pay which is not less than that of a Joint Secretary to the
Government of India.



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



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

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

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



The salary and allowances payable to, and the other terms and conditions of service of, the Claims Commissioner shall be such as may be prescribed:

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



(1) The Claims Commissioner shall have all the powers of a civil court for the purpose of taking evidence on oath, enforcing attendance of witnesses and compelling the discovery or production of documents and material objects.

(2) The Claims Commissioner shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of
Criminal Procedure, 1973 (2 of 1974).

(3) In enquiring into and determining any claims for payment of compensation, the Claims Commissioner may, subject to any rules that may be made in this behalf, follow such summary procedure as he may deem fit.

(4) Subject to any rules that may be made in this behalf, the Claims Commissioner may, for the purpose of determining any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the enquiry, to assist him in holding the enquiry.

(5) The Claims Commissioner shall have powers to pass such interim and final order as the circumstance may require, including orders for payment of costs.



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

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



(1) Notwithstanding anything contained in any other law for the time being in force, where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under any other law n force, the person entitled to compensation may claim such compensation only once either under this Act or under any other law in force.

(2) Nothing in sub-section (1) shall affect the right of any person to claim compensation payable under any contract or scheme providing for compensation for death or personal injury or for damage to property or in surface.



(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-

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

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

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

Last updated on April, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female