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
Without prejudice to the foregoing provisions of this Act, the metro railway administration in case of the non-Government metro railway shall, in the discharge of its duties and functions under this Ac , be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time:
Provided that the metro railway administration shall, as far as practicable, be given opportunity to express its views before any direction is given under this section.
No non-Government metro railway shall work without obtaining permission from the Central Government.
No suit, prosecution or other legal proceedings shall lie against the Central Government, any metro railway administration, a metro railway official or against any other person, for anything which is in good aith done or intended to be done in pursuance of this Act or any rules, regulations or orders made there under.
(1) No rolling stock, metro railway tracks, machinery, plant, tools, fittings, materials or effects used or provided by a metro railway administration for the purpose of traffic on its railway, or its stations or workshops, or offices shall be liable to be taken in execution of any decree or order of any court or of any local authority or person having by law the power to attach or distrain property or otherwise to cause the property to be take in execution, without the previous sanction of the Central Government.
(2) Nothing in sub-section (1) is to be construed as affecting the authority of any court to attach the earnings of the metro railway administration in execution of a decree or order.
All persons in the employment of the metro railway administration shall, when acting or purporting to act in pursuance of the provisions of this Act, be deemed to be public servants wit in the meaning of section 21 of the Indian Penal Code (45 of 1860).
If a metro railway official is discharged from service or is suspended, or dies or absconds or absents himself, and he or his spouse or widow or any member of his family or his representative, refuses or neglects, after notice in writing for that purpose, to deliver up to the metro railway administration or to a person appointed by the metro railway administration, in this behalf, any station, doweling house, office or other building with its appurtenances, or any books, papers, keys, equipments or other matters, belonging to the metro railway administration and in the possession or custody of such metro railway official on the occurrence of any s ch event as aforesaid, any Metropolitan Magistrate may, on application made by or on behalf of the metro railway administration, order any police officer, with proper assistance, to enter upon the station, office or other building and remove any person found therein and take possession thereof, or to take possession of the books, papers and other matters, and to deliver the same to the metro railway administration or to a person appointed by the metro railway administration in that behalf.
(1) Entries made in the records or other documents of the metro railway administration shall be admitted in evidence in all proceedings by or against the metro railway administration, and all such entries ma be proved either by the production of the records or other documents of the metro railway administration containing such entries or by the production of a copy of the entries certified by the officer having custody of the records or other documents under his signature and stating that it is a true copy of the original entries and that such original entries are contained in the records or other documents of the metro railway administration in his possession.
(2) Notwithstanding anything contained in any other law, a court shall presume that the entries in the records of the metro railway administration admitted in evidence under sub-section (1) are true, unless there is evidence to the contrary.
Any notice or other document required or authorised by this Act to be served on a metro railway administration may be served-
(a) By leaving it at the office of the metro railway administration;or
(b) By registered post to the office address of the metro railway administration.
Any notice or other document required or authorised by this Act to be served on any person by the metro railway administration may be served by-
(a) Delivering it to the person; or
(b) Leaving it at the usual or the last known place of abode of the person; or
(c) Registered post addressed to the person at his usual or the last known place of abode.
Where a notice or other document is served by registered post, it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post,and in proving such service, it shall be sufficient to prove that the letter containing the notice or other document was properly addressed and registered.
(1) The metro railway administration may, by order in writing, authorise any of its official or other person to act for, or represent it, as the case may be, in any proceeding before any civil, criminal or other court.
(2) A person authorised under sub-section (1) to conduct prosecution on its behalf shall, notwithstanding anything in section 302 of the Code of Criminal Procedure, 1973 (2 of 1974), be entitled to conduct such prosecutions without the permission of the agistrate.
The metro railway administration may constitute and maintain security staff for its railway, and the powers, duties and functions of such staff shall be such as may be prescribed.
(1) The Central Government may, by notification, direct that all or any of the powers under this Act or rules made thereunder, except sections 22, 32, 47, 56, 99 and 100, exercisable by it, shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by such officer or authority subordinate to the Central Government or by such officer of the metro railway administration.
(2) The metro railway administration may, by general or special order in writing, delegate to any of its official subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act, except its power under section 101.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid before each House of Parliament.
(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the fore going power, such rules may provide for all or any of the following matters, namely:-
(a) The form and time for preparing and sending annual report under section 12;
(b) The terms and conditions of the Fare Fixation Committee under section 35;
(c) The procedure to be followed by the Fare Fixation Committee under section 35;
(d) The extent of compensation payable under section 57;
(e) The powers, duties and functions of the security staff of the Government metro railway under section 97; and
(f) Without prejudice to any power to make rules contained else where in this Act, generally to carry out the purposes of this Act.
The Government metro railway administration may,with the previous approval of the Central Government, make regulations not inconsistent with this Act and the rules made there under,to provide for all matters for which provisions are necessary or expedient for the purpose of giving effect to the provisions of this Act.
Every rule made by the Central Government and every regulation made by a Government metro railway administration under this Act shall be laid, as soon as may be after it is made, before each House f 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 a foe said, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as these may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.
Save as otherwise provided in this Act, the provisions of this Act shall be in addition to and not in derogation of the Metro Railways (Construction of Works) Act, 1978 (33.of 1978).
(1) The Delhi Metro Railway (Operation and Maintenance) Ordinance, 2002 (Ord. 7 of 2002) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act.
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