THE CALCUTTA METRO RAILWAY (OPERATION AND MAINTENANCE) 
TEMPORARY PROVISIONS ACT, 1985 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, commencement and application. 
2.  Definitions. 

CHAPTER II 

THE CALCUTTA METRO RAILWAY ADMINISTRATION 

3.  Calcutta metro railway administration to be responsible for the operation and maintenance of the 

metro railway. 

4.  Previous sanction of the Central Government required for the opening of metro railway. 

CHAPTER III 

SPECIAL PROVISIONS FOR THE RUNNING OF THE METRO RAILWAY 

5.  Carriage of goods. 
6.  Reservation of compartments for females not necessary. 
7.  Dangerous or offensive goods. 
8.  Penalty for taking or causing to take offensive or dangerous goods upon the metro railway. 
9.  Smoking in compartments, etc. 
10.  Drunkenness or nuisance upon the metro railway. 
11.  Prohibition of demonstrations upon the metro railway. 
12.  Penalty for travelling on roof, etc., of a train. 
13.  Penalty for unlawfully entering or remaining upon the metro railway or walking on the metro 

railway line. 

14.  Endangering the safety of passengers. 
15.  Abandoning train, etc., without authority. 
16.  Obstructing running of trains, etc. 
17.  Offences by companies. 

CHAPTER IV 

MISCELLANEOUS 

18.  Application of Act 9 of 1890 and the rules, etc., made thereunder to the metro railway. 
19.  Effect of Act and rules, etc., inconsistent with other enactments. 
20.  Protection of action taken in good faith. 
21.  Power to remove difficulties. 
22.  Power to make rules. 
23.  Repeal and saving. 

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THE CALCUTTA METRO RAILWAY (OPERATION AND MAINTENANCE) 
TEMPORARY PROVISIONS ACT, 1985 

ACT 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, be 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 ducts, warehouses, workshops, 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 Railways 
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 CALCUTTAMETRO 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  this  Act,  appoint  such  officers  and  other  employees  as  it  considers  necessary  on  such  terms  and 
conditions of service as may be prescribed. 

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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 danger to the public using it. 

(3)  A  sanction  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 its 
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  the  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 

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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 administration in this behalf. 

10. Drunkenness 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 obscene or abusive language; or 

(c) wilfully or without excuse interferes in any way with the 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 punishable 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  him  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) or sub-section (2), or being asked 
by any metro 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  on  the 
metro railway line.—(1) If a person enters into or upon the metro railway without any lawful authority 
or 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 be punishable 
with imprisonment  for  a  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, 

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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 handing 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.  Obstructing  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 be 
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 anything 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 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 of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm. 

CHAPTER IV 

MISCELLANEOUS 

18. Application of Act 9 of 1890 and the rules, etc., made thereunder 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 
modifications  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  construed  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  made  or  any  notification  issued  thereunder  shall  have  effect  notwithstanding  anything 
inconsistent therewith contained in any enactment other than this Act or in any instrument having effect 
by virtue of any enactment other than 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 intended to be done under this Act. 

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(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 caused 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 to be necessary or expedient for the purpose of removing the difficulty: 

Provided  that  no  such  order  shall  be  made  after  the  expiry  of  a  period  of  two  years  from  the 

commencement of this Act. 

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.—(1) The Calcutta Metro Railway (Operation and Maintenance) Temporary 

Provisions Ordinance, 1984 (13 of 1984), is hereby repealed. 

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be 

deemed to have been done or taken under the corresponding provisions of this Act. 

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