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The Metro Railways (Construction of Works) Act, 1978
Act ID: 1978
The Metro Railways (Construction of Works) Act, 1978
"An Act to provide for the construction of works relating to metro railways."
Table of Contents
44 Sections
Ch. IP
reliminary
S.1
Short title, commencement and application .-(1) This Act may be called The Metro Railways (Construction of Works) Act, 1978
S.2
Definitions .-(1) In this Act, unless the context otherwise requires,
S.3
Metro Railway Administration
S.12
Fares
S.17
Power of entry upon land
S.26
Penalties for travelling without ticket
S.29
Drunkenness and nuisance
S.30
Trespass
S.33
Obstruction
S.34
Damage to works
S.35
Failure to comply with notice
S.37
Offences by companies
S.39
Protection of action taken in good faith
S.40
Power to make rules
S.43
Repeal and savings
Ch. IIMe
tro Railway Administration
S.4
Constitution of Advisory Board .-(1) The Central Government may constitute an Advisory Board for every metro railway for the purpose of assisting or advising that Government on
S.5
Committees .-(1) The Advisory Board may constitute as many committees as it deems necessary consisting wholly of members of such Board or wholly of other persons or partly of members of the Board and partly of other persons for such purposes as it may think fit
Ch. IIIA
cquisition
S.6
Power to acquire land, etc .-Where it appears to a metro railway administration that for the construction of any metro railway or any other work connected therewith
S.7
Publication of notification for acquisition .-(1) On receipt of an application under section 6, the Central Government, after being satisfied that the requirement mentioned therein is for a public purpose, may, by notification in the Official Gazette, declare its intention to acquire the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein referred to in the application
S.8
Power to enter for survey, etc .-On the issue of a notification under sub-section (1) of section 7, it shall be lawful for the metro railway administration or any officer or other employee of the metro railway
S.9
Hearing of objection .-(1) Any person interested in the land, building, street, road or passage may, within twenty-one days from the [date of publication under sub-section (3) of section 7 of the substance of the notification under sub-section (1) of that section] object to the construction of the metro railway or any other work connected therewith upon or under the land, building, street, road or passage, as the case may be
S.10
Declaration of acquisition .-(1) Where no objection under sub-section (1) of section 9 has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under sub-section (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein for laying the metro railway should be acquired
S.11
Power to take possession of acquired land, etc .-(1) [Where any land, building, street, road or passage has vested under sub-section (2) of section 10 and the amount determined by the competent authority under section 13 with respect to such land, building, street, road or passage has been deposited, under sub-section (1) of section 14, with the competent authority by the Central Government] the competent authority may by notice in writing direct the owner as well as any other person who may be in possession of such land, building, street, road or passage to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within sixty days of the service of the notice
S.13
Determination of amount payable for acquisition .-(1) Where any land, building, street, road or passage is acquired under this Act, there shall be paid an amount which shall be determined [by an order of the competent authority.]
S.14
Deposit and payment of amount .-(1) The amount determined [* * *] under section 13 shall be deposited by the Central Government in such manner as may be prescribed with the competent authority [within such time as may be fixed by that authority] [ Substituted by Act 41 of 1982, Section 7, for " before taking possession of the land, street, road or passage" (w.e.f. 15.5.1983).]
S.15
Competent authority to have certain powers of Civil Court .-The competent authority shall have, for the purposes of this Act, all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:
S.16
[ Competent authority and appellate authority
Ch. IVCo
nstruction Of Works
S.18
Functions of metro railway administration .-Subject to the control of the Central Government, the metro railway administration shall, for the purpose of constructing any metro railway or any other work connected therewith,
S.19
Powers of metro railway administration .-(1) The metro railway administration shall, for the purpose of [performing its functions under section 18] have power
S.20
Development over metro alignment .-(1) Any person who proposes to develop any land or building along or on the metro alignment shall, before commencing such development and without in any way limiting his obligation under any other Act to obtain any approval or consent, submit to the metro railway administration details of the proposed development and shall comply with any conditions imposed by the metro railway administration in respect thereof
S.21
Power to prohibit or regulate construction of buildings and excavation .-(1) If the Central Government is of opinion that it is necessary or expedient so to do for facilitating the construction of any metro railway or for ensuring the safety of any metro railway, it may, by notification in the Official Gazette,
S.22
Payment of amount for prohibition of construction, etc .-(1) If in consequence of any direction contained in any notification issued under sub-section (1) of section 21 any person sustains any loss or damage, such person shall be paid an amount which shall be determined [by an order of the competent authority] in the first instance
S.23
Power to underpin building or otherwise strengthen it .-(1) If the metro railway administration is of opinion that it is necessary or expedient so to do for facilitating the construction of any metro railway or for ensuring the safety of any metro railway, it may, underpin or otherwise strengthen any building within such radius not exceeding fifty metres from the metro alignment
S.24
Power to enter, etc .-(1) With a view to making survey, or to ascertaining the nature or condition, of any land or building for the purpose of construction of any metro railway or any other work connected therewith, the metro railway administration or any person authorised by that administration may, at any reasonable hour in the day time and after giving reasonable notice to the owner or occupier of such land or building, enter upon or into such land or building in, along, over or near the metro alignment to
S.25
Amount payable for damage, loss or injury .-(1) Where the metro railway administration exercises any power conferred on it by or under this Act and in consequence thereof any damage, loss or injury is sustained by any person interested in any land, building, street, road or passage, the metro railway administration shall be liable to pay to such person for such damage, loss or injury such amount as may be determined by the competent authority
Ch. VIn
spection Of Metro Railway
S.27
Appointment and duties of Commissioner .-(1) The Central Government may appoint as many persons as it thinks fit by name or by virtue of their office to be Commissioners of metro railway
S.28
Powers of Commissioners .-Subject to the control of the Central Government every Commissioner shall have the power
Ch. VIMis
cellaneous
S.31
Notice of accidents and enquiries .-(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
S.32
Power to alter the entries in the Schedule .-(1) The Central Government may, by notification in the Official Gazette,
S.36
Penalty for failure to comply with directions issued under section 21.-(1) If any person wilfully 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
S.38
Offences by companies .-(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, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
S.41
Protection of action taken in good faith .-(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
S.42
Power to remove difficulties .-If any difficulty arises in giving effect to the provisions 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:
S.44
Power to make rules .-(1) The Central Government may, by notification in the Official Gazette, may make rules to carry out the purposes of this Act