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METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT

Ministry of Law and Justice

Act nº 33 of 1978


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Amending Acts
  • Act nº 33 of 1978

Preamble

THE METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 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:--

Chapter I

Section 1. Short Title, Commencement And Application

(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].

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 effectfrom such date as may be specified in that notification and thereupon theprovisions of this Act shall apply to that city accordingly".


Section 2. Definitions

(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 agreater 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.

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.


Chapter II

Section 3. General Manager

The Central Government may, for the purposes of (his Act, appoint a General Manager for every metro railway.

Section 4. Constitution of Advisory Board

(1) The Central Government may constitute Advisory Board for every metro railway for the purpose of assisting or advising (hat Government on --

(a) the formulation and co-ordination of plans for the development of metro railway and its expansion;

(b) the financing and execution of any project for the construction of the metro railway;

(c) such other matters as may be referred to it for carrying out the purposes of this Act and in particular for the purpose of ensuring that the functions of the metro railway administration are exercised with due regard to the circumstances or conditions prevailing in, and requirements of, the 1[metropolitan city, metropolitan area and the National Capital Region].

(2) The Advisory Board shall consist of such number of members (being officers of (the Government) not exceeding nine as may be appointed to it by the Central Government.

(3) The Central Government shall appoint one of the members of the Advisory Board as its Chairman.

(4) The Central Government shall publish in the Official Gazette the names of alt the members of the Advisory Board and the Chairman thereof.

(5) The Advisory Board shall meet at such times and places and shall observe such procedure in regard to the transaction of its business as may be prescribed.

(6) The members of the Advisory Board shall hold office for such term as may be prescribed.

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

"metropolitan city"


Section 5. Committees

(1) The Advisory Board may constitute as many committees as it deems necessary consisting wholly of members of such Boarder wholly of other persons or partly of members of the Board and partly of other persons for such purposes as it may think fit.

(2) Every committee constituted under sub-section (1) shall meet at such times and places and shall observe such procedure in regard to the transaction of its business as may be prescribed.

(3) There shall be paid to the members of the committee who are not members of the Advisory Board, such fees and allowances for attendance at the meetings of the committee and such traveling allowances as may be prescribed.

Chapter III

Section 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 --

(a) any land, building, street, road or passage, or

(b) any right of user, or any right in the nature of easement, therein, is required for such construction or work, it shall apply to Central Government in such form as may be prescribed for acquiring such land, building, street, road or passage or such right of user or easement.

Section 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.

(2) Every notification under sub-section (1) shall give brief description of the land, building, street road or passage.

(3) The competent authority shall cause the substance of the notification to be published in such places and in such manner as may be prescribed.

Section 8. Power To Enter For Survey Etc.

On the issue of a notification under sub-section (I) of section 7, it shall be, lawful for the metro railway administration or any officer or other employee of the metro railway.

(a) to enter upon and survey and take level of the land, Wilding, street, road or, passage specified in the notification;

(b) to dig or bore into the sub-soil;

(c) to set out the intended work;

(d) to mark such levels, boundaries or lines by placing marks and cutting trenches;

(e) to do all other acts necessary to ascertain whether the metro railway can be laid upon or under the land, building, street, road or passage, as the case may be :

Provided that while exercising any power under this section the metro railway administration or such officer or other employee shall cause as little damage or injury as possible to such land, buildings, street, road or passage, as the case may be.

Section 9. Hearing Of Objection

(1) Any person interested in the land, building, street, road or passage may, within twenty-one days from the1[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.

2Explanation.-- For the purposes of this sub-section, where the substance of the notification under sub-section (1) of section 7 is published on different dates at different places, the last of such date shall be deemed to be the date on which substance of the notification has been published.]

(2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or3[by an agent or] by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections.

Explanation.-- For the purposes of this sub-section "legal practitioner" has the same meaning as in clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961.

(3) Any order made by the competent authority under sub-section (2) shall be final

1 . Substituted for the words, brackets and figures "date of publication of the notification under sub-section (1)of section 7" by the Metro Railways (Construction of Works) Amendment Act, 1982(41 of 1932), Section4(a)(i) w.e.f. 15-5-1983.

2. Inserted by the Metro Railways (Construction of Works) Amendment Act, 1982(41 of 1932), Section 4(a)(i) w.e.f. 15-5-1983, Section 4(a)(ii) w.e.f.15-5-1983.

3. Inserted by the Metro Railways (Construction of Works) Amendment Act, 1982(41 of 1932), Section 4(a)(i) w.e.f. 15-5-1983, Section 4(b) w.e.f.15-5-1983.


Section 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.

(2) On the publication of the declaration under sub-section (1), the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein shall vest absolutely in the Central Government free from all encumbrances.

(3) Where in respect of any land, building, street, road or passage a notification has been published under sub-section (1) of section 7 either for its acquisition or for the acquisition of the right of user, or any right in the nature of easement, therein, but no declaration under this section has been published with in a period of one year from the date of publication of that notification, The said notification shall cease to have any effect.

1[Provided that in computing the said period of one year, the period or periods during which any action or proceeding to be taken in pursuance of the notification issued under sub-section (1) of section 7[including any such action or proceeding pending immediately before the commencement of the Metro Railways (Construction of Works) Amendment Act, 1987] is stayed by an order of a Court, whether granted before or after such commencement, shall be excluded.]

(4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority.

1. Added by Metro Railways (Costruction of Works) Amendment Act (42 of 1987). Section 2 w.e.f. 9-12-87.


Section 11. Power To Take Possession Of Acquired Land, Etc.

(1)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 use 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.

(2) If any person refuses or fails to comply with any direction made under sub-section (1), the competent authority shall apply, --

(a) in the case of any land, building, street, road or passage situated in any area falling within the Presidency-town of Bombay, Calcutta or Madras, to the Commissioner of Police.

(b) in the case of any land, building, street, road or passage situated in any area other than the area referred to in clause (a), to the Executive Magistrate, and such Commissioner or Magistrate, as the case may be, shall enforce the surrender of the land, building, street, road or passage to the competent authority or to the person duly authorised by it.

1. Substituted for the words, brackets and figures "Subject to the provisions of Section 14, where any land, building, street, road or passage has vested under sub-section (2) of section 10" by the Metro Railways(Construction of Works) Amendment Act, 1982(41 of 1982), Section 5 w.e.f. 15-5-1983.