Section 1 Short title, commencement and application.
(1) This Act may be called the Calcutta MetroRailway (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 GeneralManager 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 ofthe Construction Act;
(c) "Construction Act" means the Metro Railways (Construction of Works) Act, 1978 (33 of1978);
(d) "metro railway" means such portion of the metro railway constructed in the metropolitan cityof Calcutta under the provisions of the Construction Act as may, for the time being, be available forpublic carriage of passengers, and includes--
(i) all land within the boundary marks indicating the limits of the land appurtenant to themetro railway;
(ii) all lines of rails, sidings, yards or branches worked over for the purposes of, or inconnection 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 inconnection 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 RailwaysAct, 1890 (9 of 1890), or the Metro Railways (Construction of Works) Act, 1978 (33 of 1978), shall havethe meanings, respectively, assigned to them in those Acts.
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 railwayadministration 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 functionsunder this Act, appoint such officers and other employees as it considers necessary on such terms andconditions 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 sanctionof the Central Government.
(2) Before giving its sanction under sub-section (1), the Central Government shall, after consideringthe report given (whether before or after the commencement of this Act) by the commissioner underclause (a) of sub-section (2) of section 27 of the Construction Act and other relevant factors, satisfy itselfthat 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 theCentral 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 anyconditions, such railway shall not be worked or used until such conditions are fulfilled to the satisfactionof the Central Government.
Section 5 Carriage of goods.
(1) No person shall, while travelling in the metro railway, carry with him anygoods other than a small baggage containing personal belongings not exceeding such volume and weightas 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 tobe removed from the train by any metro railway official authorised by the metro railway administration inthis behalf or by any other person whom such metro railway official may call to his aid.
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