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THE METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978

Title : THE METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978

Year : 1978

[Act, No. 33 of 1978]
[21st August, 1978]

PREAMBLE

An Act to provide for the construction of works relating to metro railways 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:-



(1) This Act may be called the Metro Railways (Construction of Works) Act, 1978.

(2) It shall come into force on such date1* as the Central Government may, by notification in the Official Gazette, appoint.

(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 2*[the National Capital Region, such other metropolitan city and metropolitan area, after consultation with the State Government, and with effect from such date as may be specified in that notification and thereupon the provisions of this Act shall apply to the National Capital Region, such metropolitan city or metropolitan area accordingly].

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1. Act came in force on 1-2-1979.

2. Substituted vide Metro Railways (Amendment) Act, 2009. Previous text was :-
"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".

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(1) In this Act, unless the context otherwise requires,-

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

(b)1*[Appellate authority] means the 1*[appellate authority] appointed under section 16;

(c) "Building" means a house, outhouse, stable, latrine, urinal, shed, but or wall or may other structure of erection whether of masonry brincks, wood, mud, metal, of any other material or any part of a building, but does not include a plant of 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; 2*[(c) "competent authority" means the competent authority appointed under section 16;]

1*[(e) "Competent authority" means the competent authority appointed under section 16;]

(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 re-development;

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

(h) "Metro alignment", in relation to any 2*[metropolitan city, metropolitan area and the National Capital Region], means such alignment of the metro railway as is specified in the Schedule under that city and includes the metro railway;

3*[(ha) "Metropolitan area" shall have the meaning assigned to it in clause (c) of article 243P of the Constitution;]

(i) "Metro railways" 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, warehouses, 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 administration", 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;

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

(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;

(o) "Metropolitan city of Madras" means the area covered by the City of Madras as defined in the Madras City Municipal Act, 1919;

3*[(oa) "National Capital Region" means the National Capital Region as defined in clause (f) of section 2 of the National Capital Region Planning Board Act, 1985 (2 of 1985);]

(p) "Prescribed" means prescribed by rules made under this Act;

(q) "Rolling stock" includes locomotives, engines, carriages (whether powered or not), wagons, trollies and vehicles of all kinds moving 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.

(iii) Conversion into more than one place for human habitation of such 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 arranagements therein or would materially affect its security, and

(vi) The addition of any rooms in such building,

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

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1. Substituted for the word 'arbitrator', by the Metro Railways (Construction of Works) Amendment Act, 1982 (41 of 1982), Section. 2 w.e.f.15-5-1983.

2. Substituted vide Metro Railways (Amendment) Act, 2009. Previous text was :-
"metropolitan city"

3. Inserted vide Metro Railways (Amendment) Act, 2009.
 
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Last updated on July, 2016

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