The Calcutta Metro Railway (Operation and Maintenance) Temporary Provisions Act, 1985

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

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

It shall apply to the metropolitan city of Calcutta.

In this Act, unless the context otherwise requires,--

All other words and expressions used herein and not defined but defined in the Indian Railways Act, 1890 (9 of 1890), or the Metro Railways (Construction of Works) Act, 1978 (33 of 1978), shall have the meanings, respectively, assigned to them in those Acts.

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.

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.

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

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.

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.

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.

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

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.

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

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.

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.

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.

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.

Any person who contravenes the provisions of sub-section (1) shall be liable to penalty of two thousand rupees and forfeiture of his pass or ticket, and may also be removed from the compartment by any metro railway servant.

If the person refuses to pay the penalty mentioned in sub-section (2), he shall be produced before the competent court wherein, he shall be punishable with a fine which may extend up to five thousand rupees:

If any person,---

If any metro railway official is in a state of intoxication while on duty, where the improper performance of the duty would be likely to endanger the safety of any passenger travelling or being upon the metro railway, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

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.

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, or 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.

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.

If any person enters upon or into any part of a metro railway without lawful authority, he shall be liable to a penalty of five hundred rupees.

If the person refuses to pay the penalty mentioned in sub-section (1), the violator shall be produced before the competent court, wherein he shall be punishable with imprisonment for a term which may extend up to three months, or with fine which may extend up to five thousand rupees, or with both:

If any person having lawfully or unlawfully entered upon or into any part of metro railway misuses such property and refuses to leave, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both:

Any person referred to in sub-sections (1A) and (1B) may be removed from the metro railway by any metro railway servant or by any other person whom such metro railway servant may call to his aid.

If any person walks on the metro railway line without any lawful authority, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

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:

Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence 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.

Any person aggrieved by an order of the adjudicating officer under sub-section (1) may, within thirty days from the date of receipt of such order, prefer an appeal to an officer at least one rank higher than the adjudicating officer, as may be appointed by the metro railway administration as an appellate authority, in such form and manner as may be specified.

An appeal may be admitted after the expiry of the period of thirty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit.

An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.

If penalty imposed by the adjudicating officer under sub-section (1) or by an order of the appellate authority under sub-section (4), as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.

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 administration for anything which is in good faith done or intended to be done under this Act.

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 administration 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.

The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

In particular, and without prejudice to the generality of the foregoing power, such rules may provide for the following matters, namely:--

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 sessions 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.

Every regulation made by a metro railway administration under this Act 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 sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation 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 regulation.

The Calcutta Metro Railway (Operation and Maintenance) Temporary Provisions Ordinance, 1984 (13 of 1984), is hereby repealed.

Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act.