THE METRO RAILWAYS (OPERATION AND MAINTENANCE) ACT, 2002 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

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

CHAPTER II 

GOVERNMENT METRO RAILWAY ADMINISTRATION 

3.  Constitution of Government metro railway. 
4.  Appointment of General Manager. 

CHAPTER III 

FUNCTIONS AND POWERS OF THE METRO RAILWAY ADMINISTRATION 

5.  Functions of metro railway administration. 
6.  Powers of metro railway administration. 

CHAPTER IV 

COMMISSIONER OF METRO RAILWAY SAFETY 

7.  Appointment of Commissioner of Metro Railway Safety. 
8.  Duties of Commissioner. 
9.  Powers of Commissioner. 
10.  Commissioner to be public servant. 
11.  Facilities to be provided to Commissioner. 
12.  Annual report of Commissioner. 
13.  Annual report to be laid before Parliament. 

CHAPTER V 

OPENING OF METRO RAILWAY 

14.  Sanction of Central Government to the opening of metro railway. 
15.  Formalities to be complied with before giving sanction to the opening of metro railway. 
16.  Sections 14 and 15 to apply to the opening of certain works. 
17.  Temporary suspension of traffic. 
18.  Power to close metro railway opened for public carriage of passengers. 
19.  Re-opening of closed metro railway. 

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SECTIONS 

20.  Use of rolling stock. 
21.  Delegation of powers. 
22.  Power to make rules in respect of matters in this Chapter. 

CHAPTER VI 

WORKING OF THE METRO RAILWAY 

23.  Exhibition of fare tables at station and supply of tickets. 
24.  Exhibition and surrender of pass and ticket. 
25.  Prohibition against travelling without pass or ticket. 
26.  Carriage of goods. 
27.  Prohibition against traveling of person suffering from infectious or contagious diseases and 

powers to remove them. 

28.  Communication between passengers and metro railway officials in charge of trains. 
29.  Right of metro railway administration to display commercial advertisements on metro railway or 

on the premises occupied by it. 

30.  Carriage of dangerous or offensive material. 
31.  Power to remove persons from metro railway and its carriages. 
32.  Power to make rules. 

CHAPTER VII 

FARE FIXATION 

33.  Fixation of fare for carriage of passengers. 
34.  Constitution of Fare Fixation Committee. 
35.  Other terms and conditions and procedure to be followed. 
36.  Period for making recommendations.  
37.  Recommendations to be binding on metro railway administration. 

CHAPTER VIII 

ACCIDENTS 

38.  Notice of metro railway accident. 
39.  Inquiry by Commissioner. 
40.  Inquiry by metro railway administration. 
41.  Powers of Commissioner in relation to inquiries. 
42.  Statement made before Commissioner. 
43.  Procedure for conducting inquiry. 
44.  No inquiry, investigation, etc., to be made if be made if the Commission of Inquiry is appointed. 
45.  Inquiry into accident not covered by section 38. 
46.  Returns. 
47.  Power to make rules in respect of matters in this Chapter. 

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CHAPTER IX 

CLAIMS COMMISSIONER 

SECTIONS 

48.  Claims Commissioner. 
49.  Qualifications for appointment as Claims Commissioner. 
50.  Term of office. 
51.  Resignation and removal. 
52.  Salary and allowances and other conditions of service of Claims Commissioner. 
53.  Procedure and powers of Claims Commissioner. 
54.  Decision of Claims Commissioner. 
55.  Savings as to certain rights. 
56.  Power to make rules. 

CHAPTER X 

LIABILITY OF METRO RAILWAY ADMINISTRATION DUE TO ACCIDENTS 

57.  Extent of liability. 
58.  Application for compensation. 

CHAPTER XI 

OFFENCES AND PENALTIES 

59.  Drunkenness or nuisance on metro railway. 
60.  Penalty for taking or causing to take offensive material upon metro railway. 
61.  Penalty for taking or causing to take dangerous material upon metro railway. 
62.  Prohibition of demonstrations upon metro railway. 
63.  Penalty for travelling on roof, etc., of a train. 
64.  Penalty for unlawfully entering or remaining upon metro railway or walking on metro track. 
65.  Endangering the safety of passengers by metro railway official. 
66.  Abandoning train, etc., without authority. 
67.  Obstructing running of train, etc. 
68.  Obstructing metro railway official in his duties. 
69.  Travelling without proper pass or ticket or beyond authorised distance. 
70.  Needlessly interfering with means of communication in a train. 
71.  Altering or defacing or counterfeiting pass or ticket. 
72.  Defacing public notices. 
73.  Any sale of articles on metro railway. 
74.  Maliciously wrecking a train causing sabotage. 
75.  Penalty for unauthorised sale of tickets. 
76.  Maliciously hurting or attempting to hurt person travelling by metro railway. 
77.  Endangering safety of persons travelling by metro railway by rash or negligent act or omission. 
78.  Damage to or destruction of certain metro railway properties. 
79.  Endangering the safely of persons travelling by metro railway by withful act or omission. 
80.  Penalty for making a false claim for compensation. 
81.  Offences by companies. 

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SECTIONS 

82.  Power of arrest without warrant. 
83.  Arrest of person likely to abscond, etc. 
84.  Magistrate having jurisdiction under the Act. 
85.  Place of trial. 

CHAPTER XII 

MISCELLANEOUS 

86.  Power of Central Government to issue directions. 
87.  Prohibition to work as non-Government metro railway. 
88.  Protection of action taken in good faith. 
89.  Restriction on execution against metro property. 
90.  Officials of metro railway administration to be public servants. 
91.  Procedure for delivery to metro railway administration of property detained by a metro railway 

official. 

92.  Proof of entries in records and documents. 
93.  Service of notice, etc., on metro railway administration. 
94.  Service of notice, etc., by metro railway administration 
95.  Presumption where notice is served by registered post. 
96.  Representation of metro railway administration. 
97.  Appointment of security staff. 
98.  Delegation of powers. 
99.  Power to remove difficulties. 
100. Power of Central Government to make rules. 
101. Power of metro railway administration to make regulations. 
102. Rules and regulations to be laid before Parliament. 
103. Effect of Act inconsistent with other enactments. 
104. Application of other Acts. 
105. Repeal and savings. 

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THE METRO RAILWAYS (OPERATION AND MAINTENANCE) ACT, 2002 

ACT NO. 60 OF 2002 

[17th December, 2002.] 

An Act to provide  for the operation and maintenance  and to regulate the  working of the metro 
railway  in  the  1[National  Capital  Region,  metropolitan  city  and  metropolitan  area]  and  for 
matters connected therewith and incidental thereto. 

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—2[(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, by 
notification, after consultation with the State Government, extend this Act to such other metropolitan area 
and metropolitan city, except the metropolitan city of Calcutta, and with effect from such date as may be 
specified in that notification and thereupon the provisions of this Act shall apply to that metropolitan area 
or metropolitan city accordingly.] 

(3) It shall be deemed to have come into force on the 29th day of October, 2002. 

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

3[(a) “Central Government”, in relation to technical planning and safety of metro railways, means 

the 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  Safetyappointed  under 

section 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  material 
change 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 the 

Indian 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; 
4[(h) “metropolitan area” shall have the meaning assigned to it in clause (c) of article 243P of the 

Constitution; 

(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 metro 

railway, 

(B)  all  rails  tracks,  sidings,  yards  or  branches  worked  over  for  the  purposes  of,  orin 

connection with, a metro railway, 

1. Subs. by Act 34 of 2009, s. 5, for “metropolitan city of Delhi” (w.e.f. 7-9-2009). 
2. Subs. bys. 6, ibid.,for sub-sections (1) and (2) (w.e.f. 7-9-2009). 
3. Subs. by s. 7, ibid., for clause (a) (w.e.f. 7-9-2009). 
4. Subs. by s. 7, ibid., for clause (h) (w.e.f. 7-9-2009). 

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(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 in 
connection 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 that 
metro railway or the person working that metro railway under an arrangement with the owner 
or lessee of that metro railway; 

(k)“metro railway official” means any person employed by the Central Government or by a metro 

railway administration in connection with the services of a metro railway; 

1[(ka)  “National  Capital  Region”  means  the  National Capital  Region  as defined in  clause  (f) of 

section 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  metro 

railway; 

(m) “notification” means a notification published in the Official Gazette; 
(n)  “pass”  means  an  authority  given  by  the  metro  railway  administration  or  by  an  officer 
appointed by that administration in this behalf, to a person allowing him to travel as a passenger on 
the 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  Railways 

Act, 1989 (24 of 1989); 

(q)  “regulations”  means  the  regulations  made  by  the  Government  metro  railway  administration 

under 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 Indian 

Telegraph 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 them 
in that Act. 

CHAPTER II 

GOVERNMENT METRO RAILWAY ADMINISTRATION 

 3.Constitution of Government metro railway.—(1) The Central Government may, for the purpose 
of efficient administration of a Government metro railway, in 2[the National  Capital Region, metropolitan 
city 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 under 
this Act, appoint such officers and other employees as it considers necessary on such terms and conditions 
of service as may be determined by regulation. 

 4. Appointment of General Manager.—(1) The Central Government shall, by notification, appoint 

a 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 General 

Manager. 

CHAPTER III 

FUNCTIONS AND POWERS OF THE METRO RAILWAY ADMINISTRATION 

5.  Functions  of  metro  railway  administration.—The  functions  of  a  metro  railway  administration 

shall be— 

1. Ins. by Act 34 of 2009,s. 7 (w.e.f. 7-9-2009). 
2. Subs. by s. 5, ibid., for “metropolitan city of Delhi” (w.e.f. 7-9-2009). 

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(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 considered 
necessary  for  the  purpose  of  the  operation  and  maintenance  of  the  metro  railway  in  1[the  National 
Capital Region, metropolitan city and metropolitan area]. 
6. Powers of metro railway administration.—(1) The metro railway administration shall have the 
power to do anything which may be necessary or expedient for the purpose of carrying out its functions 
under the Act. 

(2)Without prejudice to the generality of the foregoing provision, such power shall include the power 

to— 

(a)  acquire,  hold  and  dispose  of  all  kinds  of  properties  owned  by  it,  both  movable  and 

immovable; 

(b) improve, develop or alter any property or asset held by it; 
2[(ba) develop any metro railway land for commercial use; 
(bb)  provide  for  carriage  of  passengers  by  integrated  transport  services  or  any  other  mode  of 

transport;] 

(c)  center  temporarily  in  or  upon  the  lands  adjoining  the  metro  railway  alignment  in  order  to 
remove  obstruction,  or  prevent  imminent  danger  from  any  source,  such  as  tree,  post  or  structure, 
which  may  obstruct  the  movement  of  the  rolling  stock,  or  passengers,  or  the  view  of  the  signal 
provided for movement of the rolling stock; 

(d) execute any lease or grant any licence in respect of the property held by it; 
(e) enter into, assign and rescind any contract or obligation; 
(f) employ an agent or contractor for discharging its functions; 
(g) obtain licence from the Central Government to establish and maintain telegraph lines; 
(h)  lay  down  or  place  electric  supply  lines  for  conveyance  and  transmission  of  energy  and  to 

obtain license for that purpose; and 

(i) do all incidental acts as are necessary for discharge of any function conferred, or imposed, on 

it by this Act. 

CHAPTER IV 

COMMISSIONER OF METRO RAILWAY SAFETY 

7. Appointment of Commissioner of Metro Railway Safety.—3[(1)] The Central Government may 

appoint one or more Commissioners of Metro Railway Safety. 

4[(2) The Commissioner shall function under the administrative control of the Chief Commissioner of 

Railway Safety appointed under section 5 of the Railways Act, 1989 (24 of 1989).] 

8. Duties of Commissioner.—The Commissioner shall— 

(a)  inspect  the  metro  railway  with  a  view  to  determine  whether  it  is  fit  to  be  opened  for  the 
public carriage of passengers and report thereon to the Central Government as required by or under 
this Act; 

(b) make such periodical or other inspections of metro railway, its rolling stock used thereon 

and its other installations as the Central Government may direct; 

(c) make an inquiry under the provisions of this Act into the cause of any accident on the metro 

railway; and 

1. Subs. by Act 34 of 2009, s. 5 for “metropolitan city of Delhi” (w.e.f. 7-9-2009).  
2. Ins. by s. 8, ibid. (w.e.f. 7-9-2009). 
3. S. 7 renumbered as sub-section (1) thereof by s. 9, ibid. (w.e.f. 7-9-2009). 
4. Ins. by s. 9, ibid. (w. e. f. 7-9-2009). 

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(d) discharge such other duties as are conferred on him by or under this Act. 

9. Powers of Commissioner.—Subject to the control of the Central Government, the Commissioner, 

whenever it is necessary so to do for any of the purposes of this Act, may— 

(a)  enter  upon  and  inspect  the  metro  railway  or  any  rolling  stock  used  thereon  and  its  other 

installations; 

(b)  by  order  in  writing  addressed  to  the  metro  railway  administration,  require  the  attendance 
before him of metro railway official and to require answers or returns to such inquiries as he thinks fit 
to make from such metro railway official or from the metro railway administration; and 

(c)  require  the  production  of  any  book,  document  or  material  object  belonging  to  or  in  the 
possession  or  control of any  metro  railway  administration  which  appears to  him  to  be  necessary  to 
inspect. 

10. Commissioner to be public servant.—The Commissioner shall be deemed to be a public servant 

within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

11. Facilities to be provided to Commissioner.—The metro railway administration shall provide to 
the Commissioner all reasonable facilities for the discharge of the duties or for the exercise of the powers 
imposed or conferred on him by or under this Act. 

1[12.  Annual  report.—The  Chief  Commissioner  of  Railway  Safety  shall,  for  each  financial  year, 
prepare in such form, and within such time, as may be prescribed, an annual report giving a full account 
of the activities of the Commissioners during the financial year immediately preceding the financial year 
in which such report is prepared and forward copies thereof to the Central Government.] 

13. Annual report to be laid before Parliament.—The Central Government shall cause the annual 
report of the  2[Chief Commissioner of Railway Safety] to be laid after its receipt before each House of 
Parliament. 

CHAPTER V 

OPENING OF METRO RAILWAY 

14.  Sanction  of  Central  Government  to  the  opening  of  metro  railway.—The  metro  railway  in 
3[the National Capital Region, metropolitan city and metropolitan area] shall not be opened for the public 
carriage of passengers except with the previous sanction of the Central Government. 

15. Formalities to be complied with before giving sanction to the opening of metro railway.—(1) 
The  Central  Government  shall,  before  giving  its  sanction  to  the  opening  of  the  metro  railway  under 
section 14, obtain a report from the Commissioner that— 

(a) he has made a careful inspection of the metro railway and the rolling stock that may be 

used thereon; 

(b) the moving and fixed dimensions as laid down by the Central Government have not been 

infringed; 

(c)  the  track  structure,  strength  of  bridges,  standards  of  signalling  system,  traction  system, 
general  structural  character  of  civil  works  and  the  size  of,  and  maximum  gross  load  upon,  the 
axles of any rolling stock, comply with the requirements laid down by the Central Government; 
and 

(d) in his opinion, metro railway can be opened for the public carriage of passengers without 

any danger to the public using it. 

(2) If the Commissioner is of the opinion that the metro railway cannot be opened without any danger 
to the public using it, he shall, in his report, state the grounds therefor, as also the requirements which, in 
his opinion, are to be complied with before sanction is given by the Central Government. 

1. Subs. by Act 34 of 2009, s. 10, for section 12 (w.e.f. 7-9-2009). 
2. Subs. by s. 11, ibid., for “Commissioner” (w.e.f. 7-9-2009). 
3. Subs. by s. 5, ibid.,for “metropolitan city of Delhi”(w.e.f. 7-9-2009). 

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(3)  The  Central  Government,  after  considering  the  report  of  the  Commissioner,  may  sanction  the 
opening of the metro railway under section 14 as such or subject to such conditions as may be considered 
necessary by it for the safety of the public. 

16. Sections 14 and 15 to apply to the opening of certain works.—The provisions of sections 14 
and 15 shall apply to the opening of the following works if they form part of, or are directly connected 
with, the metro railway used for the public carriage of passengers and have been constructed subsequent 
to the giving of a report by the Commissioner under section 15, namely:— 

(a) opening of additional lines of metro railway; 

(b) opening of stations and junctions; 

(c) re-modelling of yards and re-building of bridges; and 

(d)  any  alteration  or  reconstruction  materially  affecting  the  structural  character  of  any  work  to 

which the provisions of sections 14 and 15 apply or are extended by this section. 

17.  Temporary  suspension  of  traffic.—When  an  accident  has  occurred  on  the  metro  railway 
resulting in a temporary suspension of traffic, and either the original tracks and works have been restored 
to  their  original  standard  or  a  temporary  diversion  has  been  laid  for  the  purpose  of  restoring 
communication, the original tracks and works so restored, or the temporary diversion, as the case may be, 
may,  without  prior  inspection  by  the  Commissioner,  be  opened  for  the  public  carriage  of  passengers, 
subject to the following conditions, namely:— 

(a) the metro railway official in charge of the works undertaken by reasons of the accident has 
certified in writing that the opening of the restored tracks and works, or of the temporary diversion 
will not in his opinion be attended with danger to the public; and 

(b) a notice of the opening of the tracks and works or the diversion shall be sent immediately to 

the Commissioner. 

18.  Power  to  close  metro  railway  opened  for  public  carriage  of  passengers.—Where,  after  the 
inspection of the metro railway opened and used for the public carriage of passengers or any rolling stock 
used thereon, the Commissioner is of the opinion that the use of the metro railway or of any rolling stock 
will be attended with danger to the public using it, the Commissioner shall send a report to the Central 
Government who may thereupon direct that— 

(i) the metro railway be closed for the public carriage of passengers; or 

(ii) the use of the rolling stock be discontinued; or 

(iii)  the  metro  railway  or  the  rolling  stock  may  be  used  for  the  public  carriage  of  passengers 

subject to such conditions as it may consider necessary for the safety of the public. 

19.  Re-opening  of  closed  metro  railway.—When  the  Central  Government  has,  under  section  18 

directed the closure of the metro railway or the discontinuance of the use of any rolling stock— 

(a) the metro railway shall not be re-opened for the public carriage of passengers until it has been 
inspected by the Commissioner and its re-opening is sanctioned in accordance with the provisions of 
this Chapter; and 

(b) the rolling stock shall not be used until it has been inspected by the Commissioner and its re-

use is sanctioned in accordance with the provisions of this Chapter. 

20.  Use  of  rolling  stock.—The  metro  railway  administration  may  use  such  rolling  stock  as  it  may 

consider necessary for operation and working of the metro railway: 

Provided that before using any rolling stock of a design or type different from that already running on 
any section of the metro railway, the previous sanction of the Central Government shall be obtained for 
such use: 

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Provided further that before giving any such sanction, the Central Government shall obtain a report 
from the Commissioner that he has made a careful inspection of the rolling stock and, in his opinion, such 
rolling stock can be used. 

21.  Delegation  of  powers.—The  Central  Government  may,  by  notification,  direct  that  any  of  its 
powers or functions under this Chapter, except power to make rule under section 22, shall, in relation to 
such matters and subject to such conditions, if any, as may be specified in the notification, be exercised or 
discharged also by the Commissioner. 

22. Power to make rules in respect of matters in this Chapter.—(1) The Central Government may, 

by notification, make rules to carry out the provisions of this Chapter. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the duties of a metro railway administration and the Commissioner in regard to the opening of 

a metro railway for the public carriage of passengers; 

(b)  the  arrangements  to  be  made  for  and  the  formalities  to  be  complied  with  before  opening  a 

metro railway for the public carriage of passengers; 

(c) for regulating the mode in which, and the speed at which rolling stock used on metro railway 

is to be moved or propelled; and 

(d)  the  cases  in  which  and  the  extent  to  which  the  procedure  provided  in  this  Chapter  may  be 

dispensed with. 

CHAPTER VI 

WORKING OF THE METRO RAILWAY 

23.  Exhibition  of  fare  tables  at  station  and  supply  of  tickets.—(1)  The  metro  railway 
administration shall cause to be pasted in a conspicuous and accessible place at every station in 1[Hindi, 
English and official language of the State in which such station is located] a table of the fare chargeable 
for traveling from the station to every place for which tickets are issued to passengers. 

(2) Any person desirous of travelling on the metro railway shall, upon payment of fare, be issued with 

a ticket by the metro railway administration or an agent authorised in this behalf. 

(3) The ticket issued under sub-section (2) shall indicate its value, period of validity and such other 

particulars as may be prescribed. 

24. Exhibition and surrender of pass and ticket.—Every passenger shall, on demand by any metro 
railway  official  authorised  in  this  behalf,  present  his  pass  or  ticket  to  such  metro  railway  official  for 
examination at the beginning, or during or at the end of the journey and surrender such ticket,— 

(a) at the end of journey if the ticket is for a single journey, or 
(b) if such ticket is issued for a particular amount, on the exhaustion of the amount for which the 

ticket was issued. 
25. Prohibition against travelling without pass or ticket.—No person shall enter or remain in any 
carriage on the metro railway, for the purpose of travelling therein as a passenger, unless he has with him 
a proper pass or ticket. 

26. Carriage of goods.—(1) No person shall, while travelling in the metro railway, carry with him 
any  goods  other  than  2***  baggage  containing  personal  belongings  not  exceeding  such  volume  and 
weight as may be prescribed. 

(2) Where any person travels on 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. 

1. Subs. by Act 34 of 2009, s. 12, for “Hindi and English” (w.e.f. 7-9-2009). 
2. The words  “a small” omitted by s. 13, ibid.  (w.e.f. 7-9-2009). 

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27. Prohibition against travelling of person suffering from infectious or contagious diseases and 
powers  to  remove  them.—(1)  No  person  suffering  from  infectious  or  contagious  diseases  as  may  be 
prescribed, shall travel by the metro railway. 

(2) Any person travelling in contravention of any rule made under sub-section (1) shall be liable to be 

removed from the metro railway. 

28.  Communication  between  passengers  and  metro  railway  officials  in  charge  of  trains.—The 
metro railway administration shall provide and maintain in proper order, in any metro train, such efficient 
means of communication between the passengers and the metro railway official in charge of the train as 
may be approved by the Central Government. 

29.  Right  of  metro  railway  administration  to  display  commercial  advertisements  on  metro 
railway  or  on the  premises  occupied  by it.—The metro  railway  administration  may  use  its premises, 
lands,  buildings,  posts,  bridges,  structures,  vehicles,  rolling  stock  and  other  property  for  displaying 
commercial advertisements and for that purpose may erect or construct or fix any hoardings, billboards, 
show cases, and such other things for the display of posters or other publicity materials. 

30. Carriage of dangerous or offensive material.—(1) No person shall take or cause to be taken on 

the metro railway such dangerous or offensive material as may be prescribed. 

(2)  If  any  metro  railway  official  has  reason  to  believe  that  any  person  is  carrying  with  him,  in  a 
container of any form, or otherwise, any dangerous or offensive material, he may cause such container to 
be opened by its carrier for the purposes of ascertaining its contents. 

(3) Any metro railway official may remove from the metro railway any person taking with him any 

dangerous or offensive material. 

31. Power to remove persons from metro railway and its carriages.—Any person, entering upon 
or into any part of the metro railway without lawful authority, on being asked to leave the metro railway 
by any metro railway official, does not leave therefrom, may be removed from the metro railway by such 
metro railway official or by any other person whom such metro railway official may call to his aid. 

32. Power  to  make rules.—(1) The  Central  Government  may,  by  notification,  make  rules  to  carry 

out the provisions of this Chapter. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any 

of the following matters, namely:— 

(a) the particulars of the ticket such as the value, the period of validity and other particulars under 

sub-section (3) of section 23; 

(b) the volume and weight of baggage under sub-section (1) of section 26; 
(c) diseases which are infectious or contagious under sub-section (1) of section 27; 
(d) material which is dangerous or offensive under sub-section (1) of section 30; and 
(e)  generally,  for  regulating  the  travelling  upon,  and  the  use,  working  and  management  of  the 

metro railway. 

(3) Every metro railway administration shall keep at every station on its metro railway a copy of all 

the rules made under this section and shall also allow any person to inspect it free of charge. 

CHAPTER VII 

FARE FIXATION 

33. Fixation of fare for carriage of passengers.—The metro railway administration shall, from time 
to time, on the recommendations made to it by the Fare Fixation Committee constituted under sub-section 
(1) of section 34, fix, for the carriage of passengers, fare for travelling from one station to another of the 
metro railway: 

Provided  that  the  metro  railway  administration  may  fix  the  fare  under  this  section  without 

recommendations of the Fare Fixation Committee on the initial opening of the metro railway. 

11 

 
34.  Constitution  of  Fare  Fixation  Committee.—(1)  The  Central  Government  may,  from  time  to 
time,  constitute  a  Fare  Fixation  Committee  for  the  purpose  of  recommending  fare  for  the  carriage  of 
passengers by the metro railway. 

(2) The Fare Fixation Committee shall consist of a Chairperson and two other members. 
(3)  A  person  shall  not  be  qualified  for  appointment  as  the  Chairperson  unless  he  is  or  has  been  a 

Judge of a High Court. 

1[(4) The Central Government and the State Government shall nominate one member each to the Fare 

Fixation Committee: 

Provided  that  a  person  who  is  or  has  been  an  Additional  Secretary  to  the  Government  of  India  or 
holds or has held an equivalent post in the Central Government or the State Government shall be qualified 
to be nominated as a member.] 

(5) A sitting Judge of a High Court shall be appointed after consultation with the Chief Justice of that 

High Court. 

35.  Other  terms  and  conditions  and  procedure  to  be  followed.—(1)  The  other  terms  and 
conditions of the Fare Fixation Committee, and the procedure to be followed by that committee shall be 
such as may be prescribed. 

(2)  The  metro  railway  administration  shall  provide  to  the  Fare  Fixation  Committee  all  reasonable 

facility for the discharge of its duties under this Act. 

36.  Period  for  making  recommendations.—The  Fare  Fixation  Committee  shall  submit  its  report 
along with recommendations to the metro railway administration within such period, not exceeding three 
months, as may be specified by order made by the Central Government. 

 37.  Recommendations  to  be  binding  on  metro  railway  administration.—The  recommendations 

made by the Fare Fixation Committee shall be binding on the metro railway administration. 

CHAPTER VIII 

ACCIDENTS 
38. Notice of metro railway accident.—(1) Where, in the course of working a metro railway,— 

(a) any accident attended with loss of any human life, or with grievous hurt, as defined in the 

Indian Penal Code (45 of 1860); or 

(b) any collision between trains; or 
(c) the derailment of any train carrying passengers, or of any part of such train; or 
(d)  any  accident  of  a  description  usually  attended  with  loss  of  human  life  or  with  such 

grievous hurt as aforesaid; or 

(e) any  accident  of any  other  description  which  the Central  Government  may  notify  in  this 

behalf,  

occurs,  the  metro  railway  official  in  charge  of  the  section  of  the  metro  railway  on  which  the  accident 
occurs, shall, without delay, give notice of the accident in such form and containing such particulars as 
may be prescribed to the Deputy Commissioner and the Deputy Commissioner of Police, within whose 
jurisdiction the accident occurs, the officer in charge of the police station within the local limits of which 
the accident occurs and to such other Magistrate or police officer as may be appointed in this behalf by 
the Central Government. 

(2)  The  metro  railway  administration,  within  whose  jurisdiction  the  accident  occurs,  shall,  without 
delay, give notice of the accident to the  2[State Government] and the Commissioner having jurisdiction 
over the place of the accident. 

39. Inquiry by Commissioner.—(1) On the receipt of a notice under section 38 of the occurrence of 
an  accident  resulting  in  loss  of  human  life  or  grievous  hurt  causing  total  or  partial  disablement  of 

1. Subs. by Act 34 of 2009, s. 14, for sub-section (4) (w.e.f. 7-9-2009). 
2. Subs. by s. 15, ibid., for “Government of the National Capital Territory of Delhi” (w.e.f. 7-9-2009). 

12 

 
                                                           
permanent  nature  to  a  passenger,  the  Commissioner  shall,  as  soon  as  may  be,  notify  the  metro  railway 
administration  in  whose  jurisdiction  the  accident  occurred  of  his  intention  to  hold  an  inquiry  into  the 
causes that led to the accident and shall at the same time fix and communicate the date, time and place of 
inquiry: 

Provided that it shall be open to the Commissioner to hold an inquiry into any other accident which, 

in his opinion, requires the holding of such an inquiry. 

(2)  If  for  any  reason,  the  Commissioner  is  not  able to  hold  an inquiry  as  soon  as  may  be  after  the 

occurrence of the accident, he shall notify the metro railway administration accordingly. 

40.  Inquiry  by  metro  railway  administration.—Where  no  inquiry  is  held  by  the  Commissioner 
under  sub-section  (1)  of  section  39  or  where  the  Commissioner  has  informed  the  metro  railway 
administration  under  sub-section  (2)  of  that  section  that  he  is  not  able  to  hold  an  inquiry,  the  metro 
railway administration within whose jurisdiction the accident occurs, shall cause an inquiry to be made in 
accordance with the prescribed procedure. 

41.  Powers  of  Commissioner  in  relation  to  inquiries.—(1)  For  the  purpose  of  conducting  an 
inquiry  under  this  Chapter  into  the  causes  of  any  accident,  the  Commissioner  shall,  in  addition  to  the 
powers specified in section 9, have the powers as are vested in a Civil Court while trying a suit under the 
Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of persons and examining them on oath; 

(b) requiring the discovery and production of documents; 

(c) receiving evidence on affidavits; 

(d) requisitioning any public record or copies thereof from any court or office; and 

(e) any other matter which may be prescribed. 

(2) The Commissioner while conducting an inquiry under this Chapter shall be deemed to be a Civil 
Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 
1974). 

42. Statement made before Commissioner.—No statement made by a person in the course of giving 
evidence in an inquiry before the Commissioner shall subject him to, or be used against him, in any civil 
or criminal proceeding, except in a prosecution for giving false evidence by such person: 

Provided that the statement is— 

(a) made in reply to a question which is required by the Commissioner to answer; or 

(b) relevant to the subject matter of the inquiry. 

43.  Procedure  for  conducting  inquiry.—The  metro  railway  administration  or  the  Commissioner 
conducting  an  inquiry  under  this  Chapter  may  send  notice  of  the  inquiry  to  such  persons,  follow  such 
procedure, and prepare the report in such manner as may be prescribed. 

44.  No  inquiry,  investigation,  etc.,  to  be  made  if  the  Commission  of  Inquiry  is  appointed.—
Notwithstanding anything contained in the foregoing provisions of this Chapter, where a Commission of 
Inquiry  is  appointed  under  the  Commissions  of  Inquiry  Act,  1952  (60  of  1952),  to  inquire  into  an 
accident, any inquiry, investigation or other proceeding pending in relation to that accident shall not be 
proceeded  with,  and  all  records  or  other  documents  relating  to  such inquiry  shall be forwarded  to  such 
authority as may be specified by the Central Government in this behalf. 

45.  Inquiry  into  accident  not  covered  by  section  38.—Where  any  accident  of  the  nature  not 
specified  in  section  38  occurs  in  the  course  of  working  the  metro  railway,  the  metro  railway 
administration within whose jurisdiction the accident occurs, may cause such inquiry to be made into the 
causes of the accident, as may be prescribed. 

13 

 
46.  Returns.—The  metro  railway  administration  shall  send  to  the  Central  Government  a  return  of 
accidents occurring on its railway, whether attended with injury to any person or not, in such form and 
manner and at such intervals as may be prescribed. 

47. Power to make rules in respect of matters in this Chapter.—(1) The Central Government may, 

by notification, make rules to carry out the provisions of this Chapter. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  forms  of  notice  of  accidents  to  be  given  under  section  38  and  the  particulars  of  the 

accident such notices shall contain; 

(b) the persons to whom notices in respect of any inquiry under this Chapter are to be sent, the 
procedure to be followed in such inquiry and the manner in which a report of such inquiry shall be 
prepared; 

(c)  the  nature  of  inquiry  to  be  made  by  the  metro  railway  administration  into  the  causes  of  an 

accident under section 40; 

(d) for conducting an inquiry under clause (e) of sub-section (1) of section 41; 
(e) the procedure of conducting inquiry and preparation of the report under section 43; 
(f) the making of an inquiry into the causes of the accident under section 45; and 
(g)  the  form  and  manner  of  sending  a  return  of  accidents  by  the  metro  railway  administration 

under section 46. 

CHAPTER IX 
CLAIMS COMMISSIONER 

48.  Claims  Commissioner.—The  Central  Government  may,  by  notification,  appoint  a  Claims 
Commissioner  for  the  purpose  of  adjudicating  upon  claims  for  compensation  in  respect  of  accidents 
involving the death of, or bodily injury to person, or damage to any property arising out of the working of 
the metro railway. 

49. Qualifications for appointment as Claims Commissioner.—A person shall not be qualified for 

appointment as Claims Commissioner unless he— 

(a) is or has been, or is qualified to be, a Judge of a High Court; or 
(b) has been a Member of the Indian Legal Service and has held a post in Grade I of that Service; 

or 

(c) has, for at least three years, held a civil judicial post carrying a scale of pay which is not less 

than that of a Joint Secretary to the Government of India. 

50.  Term  of  office.—The  Claims  Commissioner  shall  hold  office  as  such  for  a  term  as  may  be 

specified by the Central Government. 

51. Resignation and removal.—(1) The Claims Commissioner may, by notice in writing under his 

hand addressed to the Central Government, resign his office. 

(2)  The  Claims  Commissioner  may  be  removed  from  his  office  by  an  order  of  the  Central 
Government on the ground of proved misbehaviour or incapacity after an inquiry in which he had been 
informed of the charges against him and given a reasonable opportunity of being heard in respect of those 
charges. 

(3) The  procedure  for  the investigation  of  misbehaviour  or incapacity  of  the  Claims  Commissioner 

referred to in sub-section (2) be such as may be prescribed. 

52. Salary and allowances and other conditions of service of Claims Commissioner.—The salary 
and  allowances  payable  to,  and the  other  terms  and  conditions  of  service  of, the  Claims  Commissioner 
shall be such as may be prescribed: 

Provided that neither the salary and allowances nor the other terms and conditions of service of the 

Claims Commissioner shall be varied to his disadvantage after his appointment. 

14 

 
53.Procedure and powers of Claims Commissioner.—(1) The Claims Commissioner shall have all 
the powers of a civil court for the purpose of taking evidence on oath, enforcing attendance of witnesses 
and compelling the discovery or production of documents and material objects. 

(2) The Claims Commissioner shall be deemed to be a civil court for all the purposes of section 195 

and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). 

(3)  In  enquiring  into  and  determining  any  claims  for  payment  of  compensation,  the  Claims 
Commissioner may, subject to any rules that may be made in this behalf, follow such summary procedure 
as he may deem fit. 

(4)  Subject  to  any  rules  that  may  be  made  in  this  behalf,  the  Claims  Commissioner  may,  for  the 
purpose  of  determining  any  claim  for  compensation,  choose  one  or  more  persons  possessing  special 
knowledge of any matter relevant to the enquiry, to assist him in holding the enquiry. 

(5)  The  Claims  Commissioner  shall  have  powers  to  pass  such  interim  and  final  order  as  the 

circumstance may require, including orders for payment of costs. 

54.  Decision  of  Claims  Commissioner.—(1)  Any  question  as  to  the  liability  of  the  metro  railway 
administration to pay compensation or as to the person to whom such compensation is payable, shall be 
determined by an order of the Claims Commissioner. 

(2) Every order made under sub-section (1) shall be final. 
55. Savings as to certain rights.—(1) Notwithstanding anything contained in any other law for the 
time  being  in  force,  where  the  death  of,  or  bodily  injury  to,  any  person  gives  rise  to  a  claim  for 
compensation under this Act and also under any other law in force, the person entitled to compensation 
may claim such compensation only once either under this Act or under any other law in force. 

(2)  Nothing  in  sub-section  (1)  shall  affect  the  right  of  any  person  to  claim  compensation  payable 
under any contract or scheme providing for compensation for death or personal injury or for damage to 
property or any sum payable under any policy of insurance. 

56. Power  to  make rules.—(1) The  Central  Government  may,  by  notification,  make  rules  to  carry 

out the provisions of this Chapter. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for— 

(i)  the  procedure  for  investigation  of  misbehaviour  or  incapacity  of  the  Claims  Commissioner 

under sub-section (3) of section 51; 

(ii)  the  salary  and  allowances  and  the  other  terms  and  conditions  of  service  of  the  Claims 

Commissioner under section 52; and 

(iii) any other purpose incidental to or connected with the objects of this Chapter. 

LIABILITY OF METRO RAILWAY ADMINISTRATION DUE TO ACCIDENTS 

CHAPTER X 

57. Extent of liability.—The metro railway administration shall, notwithstanding anything contained 
in any other law, be liable to pay compensation for loss occasioned by the death of, or bodily injury to any 
person to such extent as may be prescribed. 

58. Application for compensation.—An application for compensation arising out of an accident may 

be made to the Claims Commissioner by,— 

(a) the person who has sustained the injury or suffered any loss; or 
(b) all or any of the dependants of the deceased where death has resulted from the accident; or 
(c) an agent duly authorised by the person injured or all or any of the dependants of the deceased, 

as the case may be: 

Provided that where all the dependants of the deceased have not joined in any such application for 
compensation, the application shall be made on behalf of or for the benefit of all the dependants of the 
deceased  and  the  dependants  who  have  not  so  joined,  shall  be  impleaded  as  respondents  to  the 
application. 

15 

 
Explanation.—For  the  purpose  of  this  section,  the  word  “dependant”  shall  have  the  same 

meaning as given to it in clause (b) of section 123 of the Railways Act, 1989 (24 of 1989). 

CHAPTER XI 

OFFENCES AND PENALTIES 

59.  Drunkenness  or  nuisance  on metro  railway.—(1)  If  any  person, in  any  carriage  or  upon  any 

part of the metro railway,— 

(a) is in a state of intoxication; or 
(b)  commits  any  nuisance  or  vandalism  or  act  of  indecency,  or  uses  abusive  or  obscene 

language; or 

(c) wilfully or without excuse interferes in any way with the comfort of any passenger,  

he  shall  be  punishable  with  fine  which  may  extend  to  five  hundred  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. 

60.  Penalty  for  taking  or  causing  to  take  offensive  material  upon  metro  railway.—(1)  If,  in 
contravention of sub-section (1) of section 30, a person takes or causes to be taken any offensive material 
upon the metro railway, he shall be punishable with fine which may extend to five hundred rupees. 

(2) In addition to the penalties specified in sub-section (1), a person takes or causes to be taken any 
offensive material upon the metro railway shall be responsible also for any loss, injury or damage which 
may be caused by reason of such material having been so brought upon the metro railway. 

61.  Penalty  for  taking  or  causing  to  take  dangerous  material  upon  metro  railway.—(1)  If,  in 
contravention of sub-section (1) of section 30, a person takes or causes to be taken any dangerous material 
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. 

(2) In addition to the penalties specified in sub-section (1), a person takes or causes to be taken any 
dangerous material upon the metro railway shall be responsible also for any loss, injury or damage which 
may be caused by reason of such material having been so brought upon the metro railway. 

62.  Prohibition  of  demonstrations  upon  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  on  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  six  months,  or  with  fine  which  may 
extend to one thousand rupees, or with both. 

63. 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, 

16 

 
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. 

64.  Penalty  for  unlawfully  entering  or  remaining  upon  metro  railway  or  walking  on  metro 
track.—(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 track 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. 

65.  Endangering  the  safety  of  passengers  by  metro  railway  official.—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, regulation 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. 

66.  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. 

67.  Obstructing  running  of  train,  etc.—If  any  person  obstructs  or  causes  to  be  obstructed  or 
attempts to obstruct any train or 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. 

68. Obstructing metro railway official in his duties.—If any person wilfully obstructs or prevents 
any metro railway official in the discharge of his duties, he shall be punishable with imprisonment for a 
term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. 

69.  Travelling  without  proper  pass  or  ticket  or  beyond  authorised  distance.—(1)  If  any 

passenger— 

(a) travels in a train without having a proper pass or ticket with him; or 
(b)  being  in  or  having  alighted  from  a  train,  fails  or  refuses  to  present  for  examination  or  to 
deliver  up his  pass  or ticket immediately  on  requisition  being  made  therefor  under section  24,  or 
travels  in  a  train  in  contravention  of  the  provisions  of  section  25,  he  shall  be  liable  to  pay,  on 
demand of any metro railway official appointed by the metro railway administration in this behalf, 
the  excess  charge  mentioned  in  sub-section  (3)  in  addition  to  the  ordinary  single  fare  for  the 
distance which he has travelled or, where there is any doubt as to the station from which he started, 
the ordinary single fare from the station from which the train originally started. 

(2)  If  any  passenger  travels  or  attempts  to  travel  in  a  carriage  or  by  a  train  or  travels  in  or  on  a 
carriage  beyond  the  place authorised by  his  pass  or  ticket,  he  shall  be  liable  to pay,  on  demand  of  any 
person appointed by the metro railway administration in this behalf, the excess charge mentioned in sub-
section (3) in addition to any difference between any fare paid by him and the fare payable in respect of 
the journey he has made. 

(3) The excess charge referred to in sub-sections (1) and (2) shall be fifty rupees. 

17 

 
(4)  If  any  passenger  liable  to  pay  the  excess  charge  and  fare  mentioned  in  sub-section  (1),  or  the 
excess charge and any difference of fare mentioned in sub-section (2), fails or refuses to pay the same on 
a demand being made therefor, any metro railway official authorised by the metro railway administration 
in this behalf may apply to any Metropolitan Magistrate for the recovery of the sum payable as if it were a 
fine, and the Magistrate if satisfied that the sum is payable shall order it to be so recovered, and may order 
that the person liable for the payment shall in default of payment suffer imprisonment for a term which 
may extend to one month. 

(5)  Any  sum  recovered  under  sub-section  (4)  shall,  as  and  when  it  is  recovered,  be  paid  to  the 

Consolidated Fund of India. 

70.  Needlessly  interfering  with  means  of  communication  in  a  train.—If  any  passenger  or  any 
other  person  without  reasonable  and  sufficient  cause,  makes  use  of,  or  interferes  with,  any  means 
provided by the metro railway administration in a train for communication between passengers and metro 
railway  official  in  charge  of  the  train,  or  misuses  alarm  bell  of  the  train,  he  shall  be  punishable  with 
imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or 
with both. 

71.  Altering  or  defacing  or  counterfeiting  pass  or  ticket.—If  any  person  wilfully  breaks  the 
security code of any pass or ticket, or defaces or alters or counterfeits or duplicates it or acts in any way to 
cause  revenue  loss  to  metro  railway,  he  shall  be  punishable  with  imprisonment  for  a  term  which  may 
extend to six months. 

72. Defacing public notices.—If any person without lawful authority— 

(a) in this behalf pulls down or wilfully damages any board or documents set up or posted by the 

order of the metro railway administration on the metro railway, or any rolling stock, or 

(b)  obliterates  or  alters  any  letters  or  figures  upon  any  such  board  or  document  or  upon  any 

rolling stock,  

he  shall  be  punishable  with  imprisonment  which  may  extend  to  two  months  or  with  fine  up  to  two 
hundred and fifty rupees, or with both. 

73.  Any  sale  of  articles  on  metro  railway.—If  any  person  sells  or  exposes  for  sale,  any  article 
whatsoever in any metro railway carriage or upon any part of the metro premises not authorised by metro 
railway  administration  for  such  purpose,  he  shall  be  punishable  with  fine  which  may  extend  to  five 
hundred rupees, and in default of payment of fine, he shall be punishable with imprisonment which may 
extend to six months: 

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the 

judgment of the court, such fine shall not be less than one hundred rupees. 

74. Maliciously wrecking a train or causing sabotage.—(1) If any person— 

(a) loosens or displaces any rail or any other matter or thing belonging to the metro railway; or 

(b) turns, moves, unlocks or diverts any point or other machinery belonging to the metro railway; 

or 

(c) does or causes to be done any act of sabotage in relation to the metro railway with intent or 

with knowledge that it is likely to endanger safety of any person upon the metro railway,  

he shall be punishable with imprisonment for life, or with rigorous imprisonment for a term which may 
extend to ten years: 

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the 
judgment of the court, where a person is punished with rigorous imprisonment, such imprisonment shall 
not be less than— 

(i) three years in the case of a first conviction; and 

(ii) seven years in the case of conviction for the second or subsequent offence. 

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(2) If a person unlawfully does any act of sabotage or any other act referred to in sub-section (1) with 
intent to cause the death of any person, or with knowledge that such act is so imminently dangerous that it 
must in all probability cause the death of any person or such bodily injury to any person as is likely to 
cause the death of any person, he shall be punishable with death or imprisonment for life. 

75. Penalty for unauthorised sale of tickets.—If any person not being a metro railway official, or an 
agent authorised in this behalf under sub-section (2) of section 23 sells or attempts to sell any ticket in 
order to enable any other person to travel therewith, he shall be punishable for a term which may extend 
to three months, or fine which may extend to five hundred rupees, or with both, and shall also forfeit the 
ticket which he sells or attempts to sell. 

76.  Maliciously  hurting  or  attempting  to  hurt  persons  travelling  by  metro  railway.—If  any 
person unlawfully throws or causes to fall or strike at, against, into or upon any rolling stock forming part 
of  a  train,  any  wood,  stone  or  other  matter  or  thing  with  intent,  or  with  knowledge  that  it  is  likely  to 
endanger the safety of any person being in or upon such rolling stock or in or upon any other rolling stock 
forming part of the same train, he shall be punishable with imprisonment for life or with imprisonment for 
a term which may extend to ten years. 

77.  Endangering  safety  of  persons  travelling  by  metro  railway  by  rash  or  negligent  act  or 
omission.—If any person in a rash or negligent manner does any act, or omits to do what he is legally 
bound  to  do,  and the  act  or  omission  is likely  to  endanger  the  safety  of  any  person  travelling  or  being 
upon the metro railway, he shall be punishable with imprisonment for a term which may extend to one 
year, or with fine, or with both. 

78.  Damage to or destruction of certain metro railway properties.—(1) Whoever, with intent to 
cause or knowing that he is likely to cause damage to or destruction of any of the properties of the metro 
railway referred to in sub-section (2), causes by fire, explosive substance or otherwise causes damage to 
such property, he shall be punishable with imprisonment for a term which may extend to ten years. 

(2)  The  properties  of  the  metro  railway  referred  to  in  sub-section  (1)  are  the  metro  railway  track, 
tunnels, sub-way, box-structures, station buildings and installations, carriage and wagons, rolling stock, 
signalling,  telecommunication,  air-conditioning  and  ventilation  equipments,  electrical  sub-station, 
drainage  pump,  escalators,  lifts,  lighting  installations,  ticket  vending  machine,  ticket  barriers,  electric 
traction and block equipments, and such other properties as the Central Government may, by notification, 
specify. 

79. Endangering the safety of persons travelling by metro railway by wilful act or omission.—If 
any  person  by  unlawful  act  or  by  any  wilful  omission  or  neglect  or  by  tampering  with  safety  devices, 
endangers  or  causes  to  be  endangered  the  safety  of  any  person  travelling  on  or  being  upon  any  metro 
railway, or obstructs or causes to be obstructed or attempts to obstruct any rolling stock upon any metro 
railway, he shall be punishable with imprisonment for a term which may extend to seven years: 

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the 

judgment of the court, such imprisonment shall not be less than— 

(i) six months in the case of first conviction; and 

(ii) two years in the case of conviction for the second or subsequent offence. 

80.  Penalty  for  making  a  false  claim  for  compensation.—If  any  person  requiring  compensation 
from the metro railway administration under Chapter X makes a claim which is false or which he knows 
or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term 
which may extend to three years, or with fine, or with both. 

81.  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: 

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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 purpose 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. 

82. Power of arrest without warrant.—(1) If a person commits any offence mentioned in sections 
59,  61,  65  to  79,  he  may  be  arrested  without  warrant  or  other  written  authority  by  any  metro  railway 
official or by a police officer not below the rank of a head constable or by any other person whom such 
metro railway official or police officer may call to his aid: 

Provided that where a person has been arrested, by any person other than the police officer, he shall 
be made over to a police officer, or, in the absence of a police officer, take such person or cause him to be 
taken in custody to the nearest police station. 

(2) A person so arrested under sub-section (1) shall be produced before the nearest Magistrate, having 
authority to try him or commit him for trial, as early as possible but within a period not exceeding twenty-
four hours of such arrest exclusive of the time necessary for the journey from the place of arrest to the 
court of the Magistrate. 

83. Arrest of person likely to abscond, etc.—(1) If any person commits any offence under this Act, 
other than an offence mentioned in section 82 or fails or refuses to pay any excess charge or other sum 
demanded under section 69 and there is reason to believe that he may abscond, or his name and address 
are unknown and he refuses on demand to give his name and address, or there is reason to believe that 
name  and  address  given  by  him  is  incorrect, any  metro railway  official  or  police  officer  not  below  the 
rank of head constable, or any other person whom such metro railway official may call to his aid, may, 
without warrant or written authority, arrest him. 

(2) A person so arrested shall be produced before the nearest Magistrate, having authority to try him 
or  commit  him  for  trial,  as  early  as  possible  but  within  a  period  not  exceeding  twenty-four  hours, 
exclusive of the time necessary for the journey from the place of arrest to the court of the Magistrate. 

84.  Magistrate  having  jurisdiction  under  the  Act.—Notwithstanding  anything  contained  in  the 
Code of Criminal Procedure, 1973 (2 of 1974), no court inferior to that of a Metropolitan Magistrate shall 
try an offence under this Act. 

85. Place of trial.—(1) Any person committing an offence under this Act, or any rule or regulation 
made thereunder, shall be triable for such offence in any place in which he may be, or which the 1[State 
Government] may notify in this behalf, as well as any other place in which he is liable to be tried under 
any law for the time being in force. 

(2) Every notification under sub-section (1) shall be published by the 2[State Government] and a copy 
thereof  shall  be  exhibited  for  the  information  of  the  public  in  some  conspicuous  place  at  such  metro 
railway stations as that Government may direct. 

1. Subs. by Act 34 of 2009, s. 16, for “Government of the National Capital Territory of Delhi” (w.e.f. 7-9-2009). 
2. Subs. by s. 16, ibid., for “Government of the National Capital Territory of Delhi in the Delhi Gazette” (w.e.f. 7-9-2009). 

20 

 
 
                                                           
 
CHAPTER XII 

MISCELLANEOUS 

86.  Power  of  Central  Government  to  issue  directions.—Without  prejudice  to  the  foregoing 
provisions  of  this  Act,  the  metro  railway  administration  in  case  of  the  non-Government  metro  railway 
shall, in the discharge of its duties and functions under this Act, be bound by such directions on questions 
of policy as the Central Government may give in writing to it from time to time: 

Provided  that  the  metro  railway  administration  shall,  as  far  as  practicable,  be  given  opportunity  to 

express its views before any direction is given under this section. 

87. Prohibition to work as non-Government metro railway.—No non-Government metro railway 

shall work without obtaining permission from the Central Government. 

88. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall 
lie against the Central Government, any metro railway administration, a metro railway official or against 
any other person, for anything which is in good faith done or intended to be done in pursuance of this Act 
or any rules, regulations or orders made thereunder. 

89. Restriction on execution against metro railway property.—(1) No rolling stock, metro railway 
tracks,  machinery,  plant,  tools,  fittings,  materials  or  effects  used  or  provided  by  a  metro  railway 
administration for  the  purpose  of  traffic  on its railway,  or  its stations or  workshops,  or offices  shall  be 
liable  to  be  taken  in  execution  of  any  decree  or  order  of  any  court  or  of  any  local  authority  or  person 
having by law the power to attach or distrain property or otherwise to cause the property to be taken in 
execution, without the previous sanction of the Central Government. 

(2) Nothing in sub-section (1) is to be construed as affecting the authority of any court to attach the 

earnings of the metro railway administration in execution of a decree or order. 

90.  Officials  of  metro  railway  administration  to  be  public  servants.—All  persons  in  the 
employment of the metro railway administration shall, when acting or purporting to act in pursuance of 
the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian 
Penal Code (45 of 1860). 

91.  Procedure  for  delivery  to  metro  railway  administration  of  property  detained  by  a  metro 
railway  official.—If  a  metro  railway  official  is  discharged  from  service  or  is  suspended,  or  dies  or 
absconds  or  absents  himself,  and  he  or  his  spouse  or  widow  or  any  member  of  his  family  or  his 
representative,  refuses  or  neglects,  after  notice  in  writing  for  that  purpose,  to  deliver  up  to  the  metro 
railway administration or to a person appointed by the metro railway administration, in this behalf, any 
station,  dwelling  house,  office  or  other  building  with  its  appurtenances,  or  any  books,  papers,  keys, 
equipments  or  other  matters,  belonging  to  the  metro  railway  administration  and  in  the  possession  or 
custody of such metro railway official on the occurrence of any such event as aforesaid, any Metropolitan 
Magistrate  may,  on  application  made  by  or  on  behalf  of  the  metro  railway  administration,  order  any 
police officer, with proper assistance, to enter upon the station, office or other building and remove any 
person  found  therein  and  take  possession  thereof,  or  to  take  possession  of  the  books,  papers  and  other 
matters, and to deliver the same to the metro railway administration or to a person appointed by the metro 
railway administration in that behalf. 

92.  Proof  of  entries  in  records  and  documents.—(1)  Entries  made  in  the  records  or  other 
documents  of  the  metro  railway  administration  shall  be  admitted  in  evidence  in  all  proceedings  by  or 
against the metro railway administration, and all such entries may be proved either by the production of 
the  records  or  other  documents  of  the  metro  railway  administration  containing  such  entries  or  by  the 
production  of  a  copy  of  the  entries  certified  by  the  officer  having  custody  of  the  records  or  other 
documents  under  his  signature  and  stating  that  it  is  a  true  copy  of  the  original  entries  and  that  such 
original entries are contained in the records or other documents of the metro railway administration in his 
possession. 

(2) Notwithstanding anything contained in any other law, a court shall presume that the entries in the 
records  of  the  metro  railway  administration  admitted  in  evidence  under  sub-section (1)  are  true,  unless 
there is evidence to the contrary. 

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93.  Service  of  notice,  etc.,  on  metro  railway  administration.—Any  notice  or  other  document 

required or authorised by this Act to be served on a metro railway administration may be served— 

(a) by leaving it at the office of the metro railway administration; or 

(b) by registered post to the office address of the metro railway administration. 

94.  Service  of  notice,  etc.,  by  metro  railway  administration.—Any  notice  or  other  document 
required or authorised by this Act to be served on any person by the metro railway administration may be 
served by— 

(a) delivering it to the person; or 

(b) leaving it at the usual or the last known place of abode of the person; or 

(c) registered post addressed to the person at his usual or the last known place of abode. 

95. Presumption where notice is served by registered post.—Where a notice or other document is 
served by registered post, it shall be deemed to have been served at the time when the letter containing it 
would  be  delivered  in  the ordinary  course  of post,  and  in  proving  such service, it shall  be  sufficient  to 
prove that the letter containing the notice or other document was properly addressed and registered. 

96. Representation of metro railway administration.—(1) The metro railway administration may, 
by order in writing, authorise any of its official or other person to act for, or represent it, as the case may 
be, in any proceeding before any civil, criminal or other court. 

(2)  A  person  authorised  under  sub-section  (1)  to  conduct  prosecution  on  its  behalf  shall, 
notwithstanding anything in section 302 of the Code of Criminal Procedure, 1973 (2 of 1974), be entitled 
to conduct such prosecutions without the permission of the Magistrate. 

97. Appointment of security staff.—The metro railway administration may constitute and maintain 
security staff for its railway, and the powers, duties and functions of such staff shall be such as may be 
prescribed. 

98. Delegation of powers.—(1) The Central Government may, by notification, direct that all or any 
of  the  powers  under  this  Act  or  rules  made  thereunder,  except  sections  22,  32,  47,  56,  99  and  100, 
exercisable  by  it,  shall,  in  relation  to  such  matters  and  subject  to  such  conditions,  if  any,  as  may  be 
specified  in  the  notification,  be  exercisable  also  by  such  officer  or  authority  subordinate  to  the  Central 
Government or by such officer of the metro railway administration. 

(2) The metro railway administration may, by general or special order in writing, delegate to any of 
its official subject to such conditions and limitations, if any, as may be specified in the order, such of its 
powers and functions under this Act, except its power under section 101. 

99. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove 
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. 

(2) Every order made under this section shall be laid before each House of Parliament. 

100.  Power  of  Central  Government  to  make  rules.—(1)  The  Central  Government  may,  by 

notification, make rules for carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the form and time for preparing and sending annual report under section 12; 

(b) the terms and conditions of the Fare Fixation Committee under section 35; 

(c) the procedure to be followed by the Fare Fixation Committee under section 35; 

(d) the extent of compensation payable under section 57; 

22 

 
(e) the powers, duties and functions of the security staff of the Government metro railway under 

section 97; and 

(f)  without  prejudice  to  any  power  to  make  rules  contained  elsewhere  in  this  Act,  generally  to 

carry out the purposes of this Act. 

101.  Power  of  metro  railway  administration  to  make  regulations.—The  Government  metro 
railway administration may, with the previous approval of the Central Government, make regulations not 
inconsistent with this Act and the rules made thereunder, to provide for all matters for which provisions 
are necessary or expedient for the purpose of giving effect to the provisions of this Act. 

102.  Rules  and  regulations  to  be  laid  before  Parliament.—Every  rule  made  by  the  Central 
Government  and  every  regulation  made  by  a  Government  metro  railway  administration  under  this  Act 
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 regulation or both Houses 
agree that the rule or regulation should not be made, the rule or regulation 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  or 
regulation. 

103.  Effect  of  Act  inconsistent  with  other  enactments.—The  provisions  of  this  Act  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. 

104. Application of other Acts.—Save as otherwise provided in this Act, the provisions of this Act 
shall be in addition to and not in derogation of the Metro Railways (Construction of Works) Act, 1978 (33 
of 1978). 

105. Repeal and savings.—(1) The Delhi Metro Railway (Operation and Maintenance) Ordinance, 

2002 (Ord. 7 of 2002) 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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