THE METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978
THE METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978
Title : THE METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978
Year : 1978
Every metro railway administration may, with the previous approval of the Central Government, sell or otherwise dispose of any land vested in the Central Government under the provisions of this Act when such land is no longer required for the purposes of the metro railway.
(1) If any accident occurs during the construction of any metro railway or at any stage subsequent thereto as a consequence of such construction and the accident results in, or is likely to have resulted in, loss of human being or animal or damage to any property, it shall be the duty of the metro railway administration to give notice to the Central Government of the occurrence of any such loss or damage in such form and within such time as may be prescribed.
(2) On receipt of a notice under sub-section (1), the Central Government may, if it thinks fit, appoint a commission to enquire into the accident and report as to-
(a) The cause of such accident;
(b) The manner in which and the extent to which the provisions of this Act or any other Act for the time being in force in to far as those provisions regulate and govern the safely of any person, animal or properly, have been complied with.
(3) The commission appointed under sub-section (2), while holding an enquiry, shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:-
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery or production of any document;
(c) Reception of evidence on affidavits;
(d) Requisitioning any public record from any court or office;
(e) Issuing commission for examination of witnesses.
(1) The Central Government may, by notification in the Official Gazette,-
(a) Add to the Schedule the metro alignment in respect of a 1*[metropolitan city, metropolitan area and the National Capital Region] to which this Act is made applicable under sub-section (3) of section 1;
(b) Alter any metro alignment specified in the Schedule if it is of opinion that such alteration is necessary for the construction and maintenance of the metro railway to which such alignment relates.
(2) Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before each House of Parliament.
No person shall, without any reasonable cause or excuse, obstruct any person with whom the metro railway administration has entered into a contract, in the performance or execution by such person of such contract.
Every local authority shall render such help and assistance and furnish such information to the metros railway administration as that administration may require for discharging its functions and shall make available to the said administration for inspection and examination such records, maps, plans and other documents as may be necessary for the discharge of such functions.
No person shall remove any marks placed or fill up any trench cut for the purpose of marking levels; boundaries or lines by the metro railway administration.
(1) If any person willfully fails to comply with any direction contained in any notification issued under section 21, he shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(2) Without prejudice to the provisions of sub-section (1), if any person fails to demolish any building or make additions or alterations thereto in pursuance of any direction contained in any notification issued under section 21 within the period specified in the notification, then, subject to such rules as the Central Government may make in this behalf, it shall be competent for any officer authorised by the metro railway administration in this behalf to demolish such building or make necessary additions or alterations thereto.
1*[(2A) Without prejudice to the provisions of sub-section (1), if any person fails to vacate temporarily any building together with any movable property or animal that may be in his custody, control or possession in pursuance of any direction contained in any notification issued under section 21 within the period specified in the notification, the competent authority may enforce the direction of temporary evacuation physically by taking such police help, as may, be considered by him necessary, and for this purpose the provisions of sub-section (2) Of section 11 shall, as far as may be, apply.]
Whoever contravenes any provision of this Act or of any rule made there under shall, if no other penalty is provided for such contravention elsewhere in this Act, or the rules, be punishable with imprisonment for a term which may extend to three month of with fine which may extend to five hundred rupees, or with both.
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shell be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Not with standing anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the of fence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.-For the purposes of this section.-
(a) "Company" means any body corporate and includes a firm or other association of individuals; and
(b) "Director", in relation to a firm, means a partner in the firm.
No suit or application for injunction shall lie in any court against the Central Government or the metro railway administration or any officer or other employee of that Government or the metro railway or any person working for or on behalf of the metro railway administration; in respect of any work done or purported to have been done or intended to be done by it or the said administration or such officer or other employee or such person in connection with the construction of any metro railway or any other work connected therewith.
The provisions of this Act or any rule made or any notification issued there under 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.
(1) No suit, prosecution or other legal proceeding shall lie against the Central Government, the metro railway administration or any officer or other employee of that Government or the metro railway for anything which is in good faith done or intended to be done under this Act.
(2) No suit, prosecution or other legal proceeding shall lie against the Central Government or the metro railway administration or any officer or other employee of that Government or the metro railway for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.
If any difficulty arises in giving effect to the provision of this Act, the Central Government may, by order, do anything not inconsistent with such provisions, which appears to it to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall, in relation to any metropolitan city, be made after the expiry of a period of two years from the date on which this Act applies or is made applicable to such metropolitan city under sub-section (3) of section 1.
Save as otherwise provided in this Act, the provisions of this Act shall be in addition to and not in derogation of, the Indian Railways Act, 1890.
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for the following matters, namely:-
(a) The times and places at which the Advisory Board shall meet and the procedure in regard to transaction of business by The Advisory Board under sub-section (5) of section 4;
(b) The term of office of the members of the Advisory Board under sub-section (6) of section 4;
(c) The limes and places at which the Committees shall meet and the procedure in regard to transaction of business by the committees under sub-section (2) of section 5.
(d) The payment of fees, allowances and traveling allowances to the members of the committee under sub-section (3) of section 5;
(e) The form in which an application for acquisition shall be made under section 6;
(f) The places at which and the manner in which the substance of the notification shall be published under sub-section (3) of section 7;
(g) The planner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of section 14;
(h) The matters to be specified under clause (b) of sub-section (2) of section 20;
(i) The matters to be specified under clause (c) of sub-section (3) of section 21;
(j) The form in which and the time within which a notice shall be given under sub-section (1) of section 31; (k) any other matter which is required to be or may be prescribed.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of 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 sections aforesaid, both Houses agree In making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Notwithstanding anything contained in this Act any proceeding, for the acquisition of any land, under the Land Acquisition Act, 1894 for the purpose of any metro railway, pending immediately before the commencement of this Act before any court or other authority shall be continued and be disposed of under that Act as if this Act had not come into force,
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