THE DELHI METRO RAILWAY (OPERATION AND MAINTENANCE) ACT, 2002
THE DELHI METRO RAILWAY (OPERATION AND MAINTENANCE) ACT, 2002
Title : THE DELHI METRO RAILWAY (OPERATION AND MAINTENANCE) ACT, 2002
Year : 2002
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.
(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 dow 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.
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 o 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.
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 be n 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 t e following conditions, namely:-
(a) The metro railway official in charge of the works undertaken by reasons 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.
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 t e 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.
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 re-use is sanctioned in accordance with the provisions of this Chapter.
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.
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, a may be specified in the notification, be exercised or discharged also by the Commissioner.
(1) The Central Government may, by notification, make rules to carry out the provisions of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules 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.
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