THE DELHI METRO RAILWAY (OPERATION AND MAINTENANCE) ACT, 2002
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THE DELHI METRO RAILWAY (OPERATION AND MAINTENANCE) ACT, 2002
Title : THE DELHI METRO RAILWAY (OPERATION AND MAINTENANCE) ACT, 2002
Year : 2002
(1) Where, in the course of working a metro railway,-
(a) Any accident attended with loss of any human life, or with grievous hurt, as defined in the Indian Penal Code (45 of 1860); or
(b) Any collision between trains; or
(c) The derailment of any train carrying passengers, or of any part of such train; or
(d) Any accident of a description usually attended with loss of human life or with such grievous hurt as aforesaid; or
(e) Any accident of any other description which the Central Government may notify in this behalf, occurs, the metro railway official in charge of the section of the metro railway on which the accident occurs, shall, without delay, give notice of the accident in such form and containing such particulars as may be prescribed to the Deputy Commissioner and the Deputy Commissioner of Police, within whose jurisdiction the accident occurs, the officer in charge of the police station within the local limits of which the accident occurs and to such other Magistrate or police officer as may be appointed in this behalf by the Central Government.
(2) The metro railway administration, within whose jurisdiction the accident occurs, shall, without delay, give notice of the accident to the Government of the National Capital Territory of Delhi and the Commissioner having jurisdiction over the place of the accident.
(1) On the receipt of a notice under section 38 of the occurrence of an accident resulting in loss of human life or grievous hurt causing total or partial disablement of permanent nature to a passenger, the Commissioner shall as soon as may be, notify the metro railway administration in whose jurisdiction the accident occurred of his intention to hold an inquiry into the causes that led to the accident and shall at the same time fix and communicate the date, time and place o inquiry:
Provided that it shall be open to the Commissioner to hold an inquiry into any other accident which, in his opinion, requires the holding of such an inquiry. (2) If for any reason, the Commissioner is not able to hold an inquiry as soon as may be after the occurrence of the accident, he shall notify the metro railway administration accordingly.
Where no inquiry is held by the Commissioner under sub-section (1) of section 39 or where the Commissioner has informed the metro railway administration under sub-section (2) of that section that he is not able to hold an inquiry, the metro railway administration within whose jurisdiction the accident occurs, shall cause an inquiry to be made in accordance with the prescribed procedure.
(1) For the purpose of conducting an inquiry under this Chapter into the causes of any accident, the Commissioner shall, in addition to the powers while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:- specified in section 9, have the powers as are vested n a Civil Court
(a) Summoning and enforcing the attendance of persons and examining them on oath;
(b) Requiring the discovery and production of documents;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record or copies thereof from any court or office; and
(e) any other matter which may be prescribed.
(2) The Commissioner while conducting an inquiry under this Chapter shall be deemed to be a Civil Court for the purposes of section 195.and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
No statement made by a person in the course of giving evidence in an inquiry before the Commissioner shall subject him to, or be used against him, in any civil or criminal proceeding, except in a prosecution for gioing false evidence by such person:
Provided that the statement is-
(a) Made in reply to a question which is required by the Commissioner to answer; or
(b) relevant to the subject matter of the inquiry.
The metro railway administration or the Commissioner conducting an inquiry under this Chapter may send notice of the inquiry to such persons, follow such procedure, and prepare the report in such manner as may be prescribed.
Notwithstanding anything contained in the foregoing provisions of this Chapter, where a Commission of Inquiry is appointed under the Commissions of Inquiry Act, 19 2 (60 of 1952), to inquire into an accident, any inquiry, investigation or other proceeding pending in relation to that accident shall not be proceeded with, and all records or other documents relating to such inquiry shall be forwarded to such authority as may be specified by the Central Government in this behalf.
Where any accident of the nature not specified in section 38 occurs in the course of working the metro railway, the metro railway administration within whose jurisdiction the accident occurs, may cause such inquiry to be made into the causes of the accident, as may be prescribed.
The metro railway administration shall send to the Central Government a return of accidents occurring on its railway, whether attended with injury to any person or not, in such form and manner and at such intervals as may be prescribed.
(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 forms of notice of accidents to be given under section 38 and the particulars of the accident such notices shall contain;
(b) The persons to whom notices in respect of any inquiry under this Chapter are to be sent, the procedure to be followed in such inquiry and the manner in which a report of such inquiry shall be prepared;
(c) The nature of inquiry to be made by the metro railway administration into the causes of an accident under section 40;
(d) For conducting an inquiry under clause (e) of sub-section (1) of section 41;
(e) The procedure of conducting inquiry and preparation of the report under section 43;
(f) The making of an inquiry into the causes of the accident under section 45; and
(g) The form and manner of sending a return of accidents by the metro railway administration under section 46.
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