The Metro Railway (Operations and Maintenance) Act, 2002, previously the Delhi Metro Railway (Operation and Maintenance) Act, 2002, is an Act of the Parliament of India that governs the operations of metro rail structures in India. The regulation were first promulgated as an Ordinance on 29 October 2002. When it changed into first enacted in 2002, the Act implemented best to the National Capital Territory of Delhi. It was amended in 2009 to allow the Central Government to increase the Act to any metropolitan metropolis or area, after session with the involved State Government. However, the modification in particular prohibits the Centre from extending the Act to the metropolitan metropolis of Kolkata.
Enactment of act
The Metro Railway (Operation and Maintenance) Act, 2002 became promulgated as an Ordinance titled the Delhi Metro Railway (Operation and Maintenance) Ordinance, 2002 through then President A. P. J. Abdul Kalam on 29 October 2002. The Delhi Metro Railway (Operation and Maintenance) Bill, 2002 (Bill No. seventy three of 2002) was delivered within the Lok Sabha on 21 November 2002 through then Urban Development Minister Ananth Kumar, and was surpassed through that House on 25 November. The invoice was moved within the Rajya Sabha through Ananth Kumar on 2 December 2002. The Bill was surpassed through voice vote within the Rajya Sabha on 12 December. The invoice obtained assent from then President A. P. J. Abdul Kalam on 17 December, and became notified in The Gazette of India on 18 December. It retroactively got here into impact from 29 October 2002.
The Act offers the Metro Railway Administrator (MRA) 4 foremost powers:
- to acquire, maintain and put off all types of properties owned via way of means of it, each movable and immovable
- to improve, broaden or regulate any belongings or asset held via way of means of it
- to broaden any Metro railway land for business use
- to execute any hire or provide any licence in appreciate of the belongings held via way of means of it
The Act calls for the MRA to are seeking approval from the Railway Board every time it rolls out services the usage of a very newly made train on the track. For example, the rolling inventory at the Mumbai Metro required approval from the Railway Board earlier than operations ought to begin. If the trains used at the metro system had at the least the equal dimensions as any other operational metro in India, the approval could now no longer had been required.
Section 6 of the Act offers the Metro Railway Administrator (MRA) considerable powers to make sure instant protection of the metro railways. The Metro Railway Administrator has the energy to “acquire, maintain and put off all types of properties owned by it, each movable and immovable”. It consists of the right to go into any land adjacent the metro railway alignment to get rid of obstructions which might also additionally hinder the motion of the trains or hinder the view of the signals. It additionally consists of the proper to erect hoardings in addition to to apply the metro belongings considerably for garnering marketing and marketing revenue.
Section 27 prohibits any character with a contagious sickness or contamination from traveling on the metro. The administrator has the right to get rid of such someone from its premises. Section fifty nine permits the Metro Railway Administrator to behave towards human beings accused of drunken behaviour, nuisance, vandalism, or the usage of abusive and obscene language. The segment presents for a great of ₹500 and expulsion of the culprit. Section 34 of the Act offers the energy to restore the primary set of fares with out the interference of any out of doors frame with the MRA. However, the following revision of fares, may be determined via way of means of a three-member Fare Fixation Committee headed via way of means of a retired or sitting High Court judge. Section 60 prohibits passengers from wearing offensive fabric at the metro. Violation of this segment is punishable via way of means of a great of ₹500. The culprit may also be held chargeable for any damage or lack of lifestyles so due to it.
Section 62 authorizes the Metro Railway Administrator to, if it chooses, to get rid of any character from the metro if he’s stuck demonstrating towards the metro in the metro premises. The passenger may be eliminated despite the fact that he has a ticket/pass. Pasting posters internal coaches etc. can appeal to a great of ₹1,000 and/or 6 months imprisonment. Section sixty three offers with rooftop travel. Any passenger doing so may be eliminated from the premises and additionally punished with a great of ₹50 and/or one month imprisonment. Section sixty four forbids the illegal access of humans into the metro premises or on foot at the tracks illegally. Violation of the segment is punishable via way of means of a great of ₹500 and/or 6 months imprisonment.
Section 67 permits for imprisonment of as much as four years and a great of ₹5,000 for any passenger obstructing the jogging of a teach via way of means of squatting or picketing. Section sixty eight prescribes 12 months imprisonment and/or ₹1,000 great for any passenger obstructing metro railway team of workers from discharging their duties. Section seventy three forbids the sale of any type of articles within the Metro educate or premises, with out permission from the Metro Railway Administrator . Violation of this segment is punishable via way of means of a ₹500 great and a prison time period of 6 months.
Section 74 relates to sabotage. It allows government to imprison someone for something among three years and lifestyles. In case the sabotage consequences in demise and intense destruction, the demise penalty may be invoked as well. Section eighty two offers any MRA legit or a policeman of head constable’s rank or some other character accredited via way of means of the Metro Railway Administrator , such the Maharashtra State Security Corporation employees deployed for station security, the energy to arrest, even with out warrant. Section 86 of the Act continues that the vital authorities on occasion can problem instructions on “problems of policy” which could be binding at the MRA. Section ninety of the Act pronounces all personnel of the Metro Railway Administrator as public servants as described via way of means of Section 21 of the Indian Penal Code (IPC).