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CALCUTTA METRO RAILWAY (OPERATION AND MAINTENANCE) TEMPORARY

Ministry of Law and Justice

Act nº 10 of 1985


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Act nº 10 of 1985

Preamble

THE CALCUTTA METRO RAILWAY (OPERATION AND MAINTENANCE) TEMPORARY PROVISIONS ACT, 1985

[Act, No. 10 of 1985]

[16th February, 1985]

PREAMBLE

An Act to make temporary provisions for the operation and maintenance of the Calcutta metro railway and for matters connected therewith, pending the making of regular arrangements for such operation and maintenance.

BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows :--

Chapter I

Section 1. Short title, commencement and application

(1) This Act may be called the Calcutta Metro Railway (Operation and Maintenance) Temporary Provisions Act, 1985.

(2) It shall be deemed to have come into force on the 22nd day of October, 1984.

(3) It shall apply to the Metropolitan City of Calcutta.

Section 2. Definitions

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

(a) "Calcutta Metro railway administration" or "metro railway administration" means the General Manager of the metro railway appointed under section 3 of the Construction Act;

(b) "commissioner" means a commissioner of the metro railway appointed under section 27 of the Construction Act;

(c) "Construction Act" means the Metro Railways (Construction of Works) Act, 1978;

(d) "metro railway" means such portion of the metro railway constructed in the metropolitan city of Calcutta under the provisions of the Construction Act as may for the time being, be available for public carriage of passengers, and includes--

(i) all land within the boundary marks indicating the limits of the land appurtenant to the metro railway;

(ii) all lines of rails, sidings, yards or branches worked over for the purposes of, or in connection with, the metro railway;

(iii) 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, the metro railway;

(e) "prescribed" means prescribed by rules made under this Act.

(2) All other words and expressions used herein and not defined but defined in the Indian Railways Act, 1890, or the Metro Railways (Construction of Works) Act, 1978, shall have the meanings, respectively, assigned to them in those Acts.

Chapter II

Section 3. Calcutta metro railway administration to be responsible for the operation and maintenance of the metro railway

(1) Subject to the other provisions of this Act, the Calcutta metro railway administration shall be responsible for the operation and maintenance of the metro railway.

(2) The Calcutta metro railway administration may, for the efficient performance of its functions under this Act, appoint such officers and other employees as it considers necessary on such terms and conditions of service as may be prescribed.

Section 4. Previous sanction of the Central Government required for the opening of metro railway

(1) No metro railway shall be opened for the public carriage of passengers except with the previous sanction of the Central Government.

(2) Before giving its sanction under sub-section (1), the Central Government shall, after considering the report given (whether before or after the commencement of this Act) by the commissioner under clause (a) of sub-section (2) of section 27 of the Construction Act and other relevant factors, satisfy itself that the metro railway can be opened without danger to the public using it.

(3) A sanction given under this section may be either absolute or subject to such conditions as the Central Government thinks necessary for the safety of the public.

(4) Where any sanction for the opening of the metro railway under this section is given subject to any conditions, such railway shall not be worked or used until such conditions are fulfilled to the satisfaction of the Central Government.

Chapter III

Section 5. Carriage of goods

(1) No person shall, while travelling in the metro railway, carry with him any goods other than small baggage containing personal belongings not exceeding such volume and weight as may be prescribed.

(2) Where any person travels in the metro railway in contravention of the provisions of sub-section (1), he shall, notwithstanding that he holds a valid pass or ticket for any travel in such railway, be liable to be removed from the train by any metro railway official authorised by the metro railway administration in this behalf or by any other person whom such metro railway official may call to his aid.

Section 6. Reservation of compartments for females not necessary

It shall not be necessary for the metro railway administration to reserve any compartment in any train for the exclusive use of females.

Section 7. Dangerous or offensive goods

(1) No person shall take or cause to be taken any dangerous or offensive goods upon the metro railway.

(2) If any metro railway official has reason to believe that any such goods are contained in a package in the custody of any passenger, he may cause the package to be opened for the purpose of ascertaining its contents.

Section 8. Penalty for taking or causing to take offensive or dangerous goods upon the metro railway

(1) If, in contravention of sub-section (1) of section 7, a person takes or causes to be taken any offensive goods upon the metro railway, he shall be punishable with fine which may extend to five hundred rupees.

(2) If, in contravention of sub-section (1) of section 7, a person takes or causes to be taken any dangerous goods upon the metro railway, he shall be punishable with imprisonment for a term which may extend to four years and with fine which may extend to five thousand rupees.

(3) In addition to the penalties specified in sub-section (1) or sub-section (2), a person taking or causing to be taken any offensive goods or dangerous goods upon the metro railway shall be responsible also for any loss, injury or damage which may be caused by reason of such goods having been so brought upon the metro railway.

Section 9. Smoking in compartments, etc.

(1) No person shall smoke in any compartment or carriage of the metro railway or in any underground metro railway station.

(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees.

(3) If any person persists in so smoking after being warned by any metro railway official to desist, he may, in addition to incurring the liability mentioned in sub-section (2), be removed from the compartment or carriage in which he is travelling or from the underground station at which he may be found smoking by any metro railway official authorised by the metro railway administration in this behalf.

Section 10. Drunkenness or nuisance upon the metro railway

(1) If any person,--

(a) is in a state of intoxication; or

(b) commits any nuisance or act of indecency, or uses obscene or abusive language; or

(c) wilfully or without excuse interferes in any way with the comfort of any passenger,

in any carriage or upon any part of the metro railway, he shall be punishable with fine which may extend to two hundred and fifty rupees and shall also be liable to forfeiture of the fare which he may have paid or any pass or ticket which he may have obtained or purchased, or be removed from such carriage or part by any metro railway official authorised by the metro railway administration in this behalf.

(2) If any metro railway official is in a state of intoxication while on duty, he shall be punishable with fine which may extend to two hundred and fifty rupees, or, where the improper performance of the duty would be likely to endanger the safety of any passenger travelling or being upon the metro railway, with imprisonment for a term which may extend to two yerars, or with fine which may extend to five hundred rupees, or with both.

Section 11. Prohibition of demonstrations upon the metro railway

(1) No demonstration of any kind whatsoever shall be held on any part of the metro railway or other premises thereof and it shall be open to the metro railway administration to exclude from such premises any person attending such demonstrations whether or not he is in possession of a pass or ticket entitling him to be in the said premises.

(2) No person shall paste or put up any poster or write or draw anything or matter in any compartment or carriage of the metro railway, any premises thereof, without any lawful authority and any person found engaged in doing any such act may be removed from the compartment, carriage or premises by any metro railway official authorised by the metro railway administration in this behalf.

(3) Whoever contravenes any of the provisions of sub-section (1) or sub-section (2), or being asked by any metro railway official to leave any compartment, carriage or premises refuses to do so, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.