THE CALCUTTA METRO RAILWAY (OPERATION AND MAINTENANCE) TEMPORARY PROVISIONS ACT, 1985 NO.10 OF 1985 [16th February,1985.] An Act to make temporary provisions for the operation and maintenance of the Calcutta metro railway and for matters connected therewith, pending the making of regular arrangements for such operation and maintenance. BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1.Short title, commencement and application.- (1) This Act may be called the Calcutta Metro Railway (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. 2.Definitions.- (1) In this Act, unless the context otherwise requires,- (a) "Calcutta metro railway administration" or "metro railway administration" means the General Manager 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 of the Construction Act; (c) "Construction Act" means the Metro Railways (Construction of Works) Act, 1978; (33 of 1978.)  (d) "metro railway" means such portion of the metro railway constructed in the metropolitan city of Calcutta under the provisions of the Construction Act as may, for the time being, available for public carriage of passengers, and includes.- (i) all land within the boundary marks indicating the limits of the land appurtenant to the metro railway; (ii) all lines of rails, sidings, yards or branches worked over for the purposes of, or in connection with the metro railway; (iii) all stations, offices, ventilation shafts and dacts, warehouses, workships, manufactories, fixed plants and machineries, sheds, depots and other works constructed for the purpose of, or in connection 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 Railway 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. CHAPTER II THE CALCUTTA METRO RAILWAY ADMINISTRATION 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 railway administration 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 functions under Act, appoint such officers and other employees as it considers necessary on such terms and conditions of service as may be prescribed. 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 sanction of the Central Government. (2) 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 changer to the public using it. (3) A section 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. (4) 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. CHAPTER III SPECIAL PROVISIONS FOR THE RUNNING OF THE METRO RAILWAY 5.Carriage of goods.- (1) 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. (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 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. 6.Reservation of compartments for females not necessary.- It shall not be necessary for the metro railway administration to reserve any compartment in any train for the exclusive use of females.  7.Dangerous or offensive goods.- (1) No person shall take or cause to be taken any dangerous or offensive goods upon the metro railway. (2) 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 it contents.  8.Penalty for taking or causing to take offensive or dangerous goods upon the metro railway.- (1) 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. (2) 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. (3) In addition to 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. 9.Smoking in compartments, etc.- (1) No person shall smoke in any compartment or carriage of the metro railway or in any underground metro railway station. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees. (3) If any person persists in so smoking after being warned by any metro railway official to desist, he may, in addition to incurring the liability mentioned in sub-section (2), be removed, from the compartment or carriage in which he is travelling or from the underground station at which he may be found smoking by any metro railway official authorised by the metro railway or in any underground metro railway administration in this behalf. 10.Drunkeness or nuisance upon the metro railway.- (1) If any person- (a) is in a state of intoxication; or (b) commits any nuisance or act of indecency, or uses obscence or abusive language; or (c) Wilfully or without excuse interferes in any way with comfort of any passenger; in any carriage or upon any part of the metro railway, he shall be punishable with fine which may extend to two hundred and fifty rupees and shall also be liable to forfeiture of the fare which he may have paid or any pass or ticket which he may have obtained or purchased, or be removed from such carriage or part by any metro railway official authorised by the metro railway administration in this behalf.  (2) If any metro railway official is in a state of intoxication while on duty he shall be punished with fine which may extend to two hundred and fifty rupees, or where the improper performance of the duty would be likely to endanger the safety of any passenger travelling or being upon the metro railway, with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred rupees, or with both. 11.Prohibition of demonstrations upon the metro railway.- (1) 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 to be in the said premises. (2) 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. (3) Whoever contravenes any of the provisions of sub-section (1) of sub-section (2) being asked by any 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. 12.Penalty for travelling on roof, etc., of a train.- If any passenger travels on the roof of a train or persists in travelling in any part of a train not intended for the use of passengers or projects any part of his body out of a train after being warned by any metro railway official to desist, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both, and shall also be liable to be removed from the train by any metro railway official authorised by the metro railway administration in this behalf. 13.Penalty for unlawfully entering or remaining upon the metro railway or walking metro railway line.- (1) If a person enters into or upon the metro railway without any lawful authority of having entered with lawful authority remains there unlawfully and refuses to leave on being requested to do so by any metro railway official, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both. (2) If any person walks on the metro railway line without any lawful authority, he shall punishable with imprisonment for term which may extend to six months, or with fine which may extend to five hundred rupees or with both. 14.Endangering the safety of passengers.- If any metro railway official, when on duty, endangers the safety of any passenger:-- (a) by any rash or negligent act or omission; or (b) by disobeying any rule or order which such official was bound by the terms of his employment to obey, and of which he had notice,  he shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to six thousand rupees, or with both. 15.Abandoning train, etc., without authority.- If any metro railway official, when on duty, is entrusted with any responsibility connected with the running of a train, or any other rolling stock from one station or place to another station or place, and he abandons his duty before reaching such station or place, without authority or without properly handling over such train or rolling stock to another authorised metro railway official, he shall be punishable with imprisonment for a term which may extend to four years, or with fine which may extend to five thousand rupees, or with both. 16.Obstruction running of trains, etc.- If any person obstructs or causes to be obstructed or attempts to obstruct any train or other rolling stock upon the metro railway by squatting, picketing, or keeping without authority any rolling stock on the metro railway or tampering with any signalling installations or by interfering with the working mechanism thereof, or otherwise, he shall be liable to removed by any metro railway official authorised by the metro railway administration in this behalf and shall also be punishable with imprisonment for a term which may extend to four years or with fine which may extend to five thousand rupees, or with both. 17.Offences by companies.- (1) 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. Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding any thing 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 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. Explanation:--For the purposes of this section:-- (a) "Company" means any body corporate and includes a firm or other association or individuals; and (b) "director", in relation to a firm, means a partner in the firm. CHAPTER IV MISCELLAENOUS 18.Application of Act 9 of 1890 and the rules, etc., made there under to the metro railway.- Save as otherwise expressly provided in this Act, the provisions of the Indian Railways Act, 1890, and the rules, orders or notifications made or issued thereunder shall, so far as may be, and subject to such modification as may be necessary, apply to the operation and maintenance of the metro railway, as if such metro railway were a railway as defined under that Act, and the references to "railway administration" and "Inspector" in that Act shall be constructed as references to the "metro railway administration" and "commissioner" respectively. 19.Effect of Act and rules, etc., inconsistent with other enactments.- The provisions of this Act or any rule 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. 20.Protection of action taken in good faith.- (1) 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 intend to be done under this Act.  (2) 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 causes or likely to be caused by anything which is in good faith done or intended to be done under this Act. 21.Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, do anything not inconsistent with such provisions which appears to it be necessary or expedient for the purpose of removing the difficulty. 22.Power to make rules.- (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for the following matters, namely;- (a) the terms and conditions of service of the officers and other employees of the metro railway administration under sub-section (2) of section(3); (b) the cases in which and the extent to which the procedure specified in section 4 for the opening of the metro railway for public carriage of passengers may be dispensed with; (c) the volume and weight of the baggage containing personal belongings that may be carried by a person while travelling in the metro railway; (d) any other matter which is required to be, or may be, prescribed. (3) 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.  23.Repeal and saving 13 of 1984.- (1) The Calcutta Metro Railway (Operation and Maintenance)  Temporary Provisions Ordinance, 1984, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under this said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act.