The Metro Railways (Operation and Maintenance) Act, 2002

1[(1) This Act may be called the Metro Railways(Operation and Maintenance) Act, 2002. (2) It extends in the first instance to the National Capital Region and the Central Government may, bynotification, after consultation with the State Government, extend this Act to such other metropolitan areaand metropolitan city, except the metropolitan city of Calcutta, and with effect from such date as may bespecified in that notification and thereupon the provisions of this Act shall apply to that metropolitan areaor metropolitan city accordingly. (3) It shall be deemed to have come into force on the 29th day of October, 2002.]

(1) In this Act, unless the context otherwise requires,-- 1[(a) "Central Government", in relation to technical planning and safety of metro railways, meansthe Ministry of the Government of India dealing with Railways; (aa) "Claims Commissioner" means a Claims Commissioner appointed under section 48;] (b) "Commissioner" means the Commissioner of the Metro Railway Safety appointed undersection 7; (c) "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 materialchange on any building, or land, or planting of any tree on land and includes redevelopment; (d) "electric supply-line" shall have the meaning assigned to it under clause (f) of section 2 of theIndian Electricity Act, 1910 (9 of 1910); (e) "fare" means the charge levied for the carriage of passengers; (f) "Government metro railway" means a metro railway owned by the Central Government; (g) "land" includes any right or interest in any land; 2[(h) "metropolitan area" shall have the meaning assigned to it in clause (c) of article 243P of theConstitution; (ha) "metropolitan city" means the metropolitan city of Bombay, Calcutta, Delhi or Madras;] (i) "metro railway" means rail-guided mass rapid transit system having dedicated right-of-way,with steel wheel or rubber-tyred wheel coaches, but excluding tramways, for carriage of passengers,and includes-- (A) all land within the boundary marks indicating the limits of the land appurtenant to a metrorailway, (B) all rails tracks, sidings, yards or branches worked over for the purposes of, or inconnection 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 inconnection with, a metro railway; (j) "metro railway administration" in relation to-- (i) a Government metro railway means the General Manager of that railway; or (ii) anon-Government metro railway means the person who is the owner or lessee of thatmetro railway or the person working that metro railway under an arrangement with the owneror lessee of that metro railway; (k) "metro railway official" means any person employed by the Central Government or by ametro railway administration in connection with the services of a metro railway; 3[(ka) "National Capital Region" means the National Capital Region as defined in clause (f) ofsection 2 of the National Capital Region Planning Board Act, 1985 (2 of 1985);] (l) "non-Government metro railway" means a metro railway other than Government metrorailway; (m) "notification" means a notification published in the Official Gazette; (n) "pass" means an authority given by the metro railway administration or by an officerappointed by that administration in this behalf, to a person allowing him to travel as a passenger onthe metro railway, but does not include a ticket; (o) "prescribed" means prescribed by rules made by the Central Government under this Act; (p) "railway" shall have the meaning assigned to it in clause (31) of section 2 of the RailwaysAct, 1989 (24 of 1989); (q) "regulations" means the regulations made by the Government metro railway administrationunder this Act; (r) "rolling stock" includes locomotives, engines, carriages (whether powered or not), wagons,trollies and vehicles of all kinds moving or intended to move on rails; and (s) "telegraph line" shall have the meaning assigned to it in clause (4) of section 3 of the IndianTelegraph Act, 1885 (13 of 1885). (2) All other words and expressions used herein and not defined but defined in the Metro Railways(Construction of Works) Act, 1978 (33 of 1978) shall have the meanings, respectively, assigned to themin that Act.

(1) The Central Government may, for the purposeof efficient administration of a Government metro railway, in 1[the National Capital Region, metropolitancity and metropolitan area], by notification, constitute such railways as it may deem fit. (2) A Government metro railway administration may, for efficient performance of its functions underthis Act, appoint such officers and other employees as it considers necessary on such terms and conditionsof service as may be determined by regulation.

(1) The Central Government shall, by notification, appointa person to be the General Manager of a Government metro railway. (2) The general superintendence and control of a Government metro railway shall vest in the GeneralManager.

The functions of a metro railway administrationshall be-- (a) to maintain and operate metro railway, for public carriage of passengers, constructed in, upon, across, under or over any land, building, street, road or passage in 1[the National Capital Region, metropolitan city and metropolitan area]; and (b) to engage in any such other activities or perform such other functions as may be considerednecessary for the purpose of the operation and maintenance of the metro railway in 1[the National Capital Region, metropolitan city and metropolitan area].