Calcutta Metro Railway (Operation and Maintenance) Temporary Provisions Act, 1985
No: 10 Dated: Feb, 16 1985
The Calcutta Metro Railway (Operation and Maintenance) Temporary Provisions Act, 1985
Act No. 10 of 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.