THE METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978  
_________ 
ARRANGEMENT OF SECTIONS 
__________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

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

CHAPTER II 
METRO RAILWAY ADMINISTRATION 

3. General Manager. 
4. Constitution of Advisory Board. 
5. Committees. 

CHAPTER III 

ACQUISITION 

6. Power to acquire land, etc. 
7. Publication of notification for acquisition. 
8. Power to enter for survey, etc. 
9. Hearing of objection. 
10. Declaration of acquisition. 
11. Power to take possession of acquired land, etc. 
12. Right to enter into the land where right of user, etc., is vested in the Central Government. 
13. Determination of amount payable for acquisition. 
14. Deposit and payment of amount. 
15. Competent authority to have certain powers of civil court. 
15A. Power to inspect property under acquisition. 
16. Competent authority and appellate authority. 
16A. Powers of the appellate authority. 
16B. Competent authority, etc., to have certain inherent powers. 
16C. Enforcement of the orders of the competent authority and appellate authority. 
17. Land Acquisition Act 1 of 1894 not to apply. 

CHAPTER IV 

CONSTRUCTION OF WORKS 

18. Functions of metro railway administration. 
19. Powers of metro railway administration. 
 20. Development over metro alignment. 
21. Power to prohibit or regulate construction of buildings and excavation. 
22. Payment of amount for prohibition of construction, etc. 

23. Power to underpin building or otherwise strengthen it. 

1 

SECTIONS 

24. Power to enter, etc. 
25. Amount payable for damage, loss or injury. 
26. Right to claim for damages. 

CHAPTER V 

INSPECTION OF METRO RAILWAY 

27. Appointment and duties of commissioner. 
28. Powers of commissioners. 
29. Facilities to be afforded to commissioner. 

CHAPTER VI 

MISCELLANEOUS 

30. Surplus land to be sold or otherwise disposed of. 
31. Notice of accidents and enquiries. 
32. Power to alter the entries in the Schedule. 
33. Prohibition of obstruction. 
34. Local authorities to assist. 
35. Prohibition of removal of marks. 
36. Penalty for failure to comply with directions issued under section 21. 
37. General provision for punishment of offences. 
38. Offences by companies. 
39. Bar of jurisdiction. 
40. Effect of Act and rules, etc., inconsistent with other enactments. 
41. Protection of action taken in good faith. 
42. Power to remove difficulties. 
43. Application of the Indian Railways Act, 1890. 
44. Power to make rules. 
45. Saving. 

      THE SCHEDULE. 

2 

 
THE METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978 

ACT NO. 33 OF 1978 

An Act  to  provide for the construction of works  relating to  metro railways in  the metropolitan 

cities and for matters connected therewith. 

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

[21st August, 1978.] 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  commencement  and  application.—(1)  This  Act  may  be  called  the  Metro  Railways 

(Construction of Works) Act, 1978. 

(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

(3)  It  applies  in the  first instance to  the  metropolitan city  of  Calcutta; and the  Central  Government 
may, by notification in the Official Gazette, declare that this Act shall also apply to 2[the National Capital 
Region, such other metropolitan city and metropolitan area, after consultation with the State Government, 
and with effect from such date as may be specified in that notification and thereupon the provisions of 
this  Act  shall  apply  to  the  National  Capital  Region,  such  metropolitan  city  or  metropolitan  area 
accordingly.] 

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

(a) “Advisory Board” means the Advisory Board constituted under section 4; 

(b) 3[“appellate authority”] means the appellate authority appointed under section 16; 

(c)  “building”  means  a  house,  outhouse,  stable,  latrine,  urinal,  shed,  hut  or  wall  or  any  other 
structure or erection, whether of masonry bricks, wood, mud, metal or any other material or any part 
of a building, but does not include a plant or machinery installed in a building or any part thereof or 
any portable shelter; 

(d) “commissioner” means a commissioner of metro railway appointed under section 27; 

4[(e) “competent authority” means the competent authority appointed under section 16;] 

 (f)  “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 in any building or land or planting of any tree on land and includes redevelopment; 

(g) “land” includes any right or interest in land; 

(h) “metro alignment”, in relation to any  5[metropolitan city, metropolitan area and the National 
Capital Region] means such alignment of the metro railway as is specified in the Schedule under that 
city and includes the metro railway; 

6[(ha) “metropolitan area” shall have the meaning assigned to it in clause (c) of article 243P of 

the Constitution;] 

1. 1st February, 1979, vide notification No. S.O. 412(E), dated 20th January, 1979, see Gazette of India, Extraordinary,          
     Part II, sec. 3 (ii).  
2. Subs. by Act 34 of 2009, s. 2, for certain words (w.e.f. 7-9-2009). 
3. Subs. by Act 41 of 1982, s. 2, for “arbitrator” (w.e.f. 15-5-1983). 
4. Subs. by s. 3, ibid., for clause (e) (w.e.f. 15-5-1983). 
5. Subs by Act 34 of 2009, s. 3, for “metropolitan city” (w.e.f. 7-9-2009). 
6. Ins. by s. 4, ibid. (w.e.f. 7-9-2009).  

3 

                                                           
(i)  “metro  railway”  means  a  metro  railway  or  any  portion  thereof  for  the  public  carriage  of 

passengers, animals or goods and includes,— 

(a) all land within the boundary marks indicating the limits of the land appurtenant to a metro 

railway, 

(b)  all  lines  of  rails,  sidings,  yards  or  branches  worked  over  for  the  purposes  of,  or  in 

connection with, a metro railway, 

(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 any metro railway, means the General Manager 

of that metro railway; 

(k) “metropolitan city” means the metropolitan city of Bombay, Calcutta, Delhi or Madras; 

(l) “metropolitan city of Bombay” means the area covered by Greater Bombay as defined in the 

Bombay Municipal Corporation Act, 1888 (Bombay Act III 1888); 

(m)  “metropolitan  city  of  Calcutta”  means  the  area  described  under  the  heading  “l.  Calcutta 
Metropolitan  District”  in  the  Schedule  to  the  Calcutta  Metropolitan  Planning  Area  (Use  and 
Development of Land) Control Act, 1965 (West Bengal Act XIV of 1965); 

(n) “metropolitan city of Delhi” means the entire area of the Union territory of Delhi; 

(o) “metropolitan city of Madras” means the area covered by the City of Madras as defined in the 

Madras City Municipal Act, 1919 (Madras Act IV of 1919); 

1[(oa) “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);] 

(p) “prescribed” means prescribed by rules made under this Act; 

(q)  “rolling  stock”  includes  locomotives,  engines,  carriages  (whether  powered  or  not),  wagons, 

trollies and vehicles of all kinds moving or intended to move on rails; 

(r) “to erect”, in relation to any building, includes— 

(i) any material alteration or enlargement of such building, 

(ii) conversion, by structural alteration, into a place for human habitation of such building not 

originally constructed for human habitation, 

(iii)  conversion  into  more  than  one  place  for  human  habitation  of  such  building  originally 

constructed as one such place, 

(iv)  conversion  of  two  or  more  places  of  human  habitation  in  such  building  into  a  greater 

number of such places, 

(v)  such  alteration  of  such  building  as  would  alter  the  drainage  or  sanitary  arrangements 

therein or would materially affect its security, and 

(vi) the addition of any rooms in such building. 

(2) All other words and expressions used herein and not defined but defined in the Indian Railways 

Act, 1890 (9 of 1890), shall have the meanings, respectively, assigned to them in that Act. 

CHAPTER II 
METRO RAILWAY ADMINISTRATION 

3. General Manager.—The Central Government may, for the purposes of this Act, appoint a General 

Manager for every metro railway. 

1. Ins. by Act 34 of 2009, s. 4 (w.e.f. 7-9-2009). 

4 

                                                           
4.  Constitution  of  Advisory  Board.—(1)  The  Central  Government  may  constitute  an  Advisory 

Board, for every metro railway for the purpose of assisting or advising that Government on— 

(a)  the  formulation  and  co-ordination  of  plans  for  the  development  of  metro  railway  and  its 

expansion; 

(b) the financing and execution of any project for the construction of the metro railway; 

(c) such  other  matters  as may  be  referred  to it  for  carrying  out the  purposes of  this  Act  and in 
particular  for  the  purpose  of  ensuring  that  the  functions  of  the  metro  railway  administration  are 
exercised with due regard to the circumstances or conditions prevailing in, and requirements of, the 
1[metropolitan city, metropolitan area and the National Capital Region]. 

(2) The Advisory Board shall consist of such number of members (being officers of the Government) 

not exceeding nine as may be appointed to it by the Central Government. 

(3)  The  Central  Government  shall  appoint  one  of  the  members  of  the  Advisory  Board  as  its 

Chairman. 

(4) The Central Government shall publish in the Official Gazette the names of all the members of the 

Advisory Board and the Chairman thereof. 

(5)  The  Advisory  Board  shall  meet  at  such  times  and  places  and  shall  observe  such  procedure  in 

regard to the transaction of its business as may be prescribed. 

(6) The members of the Advisory Board shall hold office for such term as may be prescribed. 

5. Committees.—(1) The Advisory Board may constitute as many committees as it deems necessary 
consisting  wholly  of  members  of  such  Board  or  wholly  of  other  persons  or  partly  of  members  of  the 
Board and partly of other persons for such purposes as it may think fit. 

(2) Every committee constituted under sub-section (1) shall meet at such times and places and shall 

observe such procedure in regard to the transaction of its business as may be prescribed. 

(3) There shall be paid to the members of the committee who are not members of the Advisory Board, 
such fees and allowances for attendance at the meetings of the committee and such travelling allowances 
as may be prescribed. 

CHAPTER III 

ACQUISITION 

6.  Power  to  acquire  land,  etc.—Where  it  appears  to  a  metro  railway  administration  that  for  the 

construction of any metro railway or any other work connected therewith— 

(a) any land, building, street, road or passage, or 

(b) any right of user, or any right in the nature of easement, therein, 

is required for such construction or work, it shall apply to the Central Government in such form as may be 
prescribed for acquiring such land, building, street, road or passage or such right of user or easement. 

7. Publication of notification for acquisition.—(1) On receipt of an application under section 6, the 
Central Government, after being satisfied that the requirement mentioned therein is for a public purpose 
may, by notification in the Official Gazette, declare its intention to acquire the land, building, street, road 
or  passage,  or  the  right  of  user,  or  the  right  in  the  nature  of  easement,  therein  referred  to  in  the 
application. 

(2) Every notification under sub-section (1) shall give a brief description of the land, building, street, 

road or passage. 

1. Subs. by Act 34 of 2009, s. 3, for “metropolitan city” (w.e.f. 7-9-2009). 

5 

                                                           
(3)  The  competent  authority  shall  cause  the  substance  of  the  notification  to  be  published  in  such 

places and in such manner as may be prescribed. 

8. Power to enter for survey, etc.—On the issue of a notification under sub-section (1) of section 7, 
it  shall  be  lawful  for  the  metro  railway  administration  or  any  officer  or  other  employee  of  the  metro 
railway— 

(a) to enter upon and survey and take level of the land, building, street, road or passage specified 

in the notification; 

(b) to dig or bore into the sub-soil; 

(c) to set out the intended work; 

(d) to mark such levels, boundaries or lines by placing marks and cutting trenches; 

(e) to do all other acts necessary to ascertain whether the metro railway can be laid upon or under 

the land, building, street, road or passage, as the ease may be: 

Provided that while exercising any power under this section the metro railway administration or such 
officer or other employee shall cause as little damage or injury as possible to such land, building, street, 
road or passage, as the case may be. 

9.  Hearing  of  objection.—(1)  Any  person  interested  in  the  land,  building,  street,  road  or  passage 
may,  within  twenty-one  days  from  the  1[date  of  publication  under  sub-section  (3)  of  section  7  of  the 
substance of the notification under sub-section (1) of that section] object to the construction of the metro 
railway or any other work connected therewith upon or under the land, building, street, road  or passage, 
as the case may be. 

2[Explanation.—For the  purposes  of  this  sub-section, where  the  substance  of  the  notification  under 
sub-section (1) of section 7 is published on different dates at different places, the last of such dates shall 
be deemed to be the date on which substance of the notification has been published.] 

(2)  Every  objection  under  sub-section  (1)  shall  be  made  to  the  competent  authority  in  writing  and 
shall  set  out  the  grounds  thereof  and  the  competent  authority  shall  give  the  objector  an  opportunity  of 
being heard, either in person or  2[by an agent or] by a legal practitioner, and may, after hearing all such 
objections and after making such further enquiry, if any, as the competent authority thinks necessary, by 
order, either allow or disallow the objections. 

Explanation.—For the  purposes of this  sub-section “legal  practitioner”  has  the same  meaning  as in 

clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961 (25 of 1961). 

(3) Any order made by the competent authority under sub-section (2) shall be final. 

10. Declaration of acquisition.—(1) Where no objection under sub-section (1) of section 9 has been 
made to the competent authority within the period specified therein or where the competent authority has 
disallowed the objection under sub-section (2) of that section, the competent authority  shall, as soon as 
may be, submit a report accordingly to the Central Government and on receipt of such report, the Central 
Government shall declare, by notification in the Official Gazette, that the land, building, street, road or 
passage, or the right of user, or the right in the nature of easement, therein for laying the metro railway 
should be acquired. 

(2)  On  the  publication  of  the  declaration  under  sub-section  (1),  the  land,  building,  street,  road  or 
passage,  or  the right  of  user,  or the right in  the  nature  of easement,  therein  shall  vest absolutely  in the 
Central Government free from all encumbrances. 

1. Subs. by Act 41 of 1982, s. 4, for certain words, brackets and figures (w.e.f. 15-5-1983). 
2. Ins. by s. 4, ibid. (w.e.f. 15-5-1983). 

6 

                                                           
(3) Where in respect of any land, building, street, road or passage, a notification has been published 
under sub-section (1) of section 7 either for its acquisition or for the acquisition of the right of user, or any 
right in the nature of easement, therein, but no declaration under this section has been published within a 
period  of  one  year  from  the  date  of  publication  of  that  notification,  the  said  notification  shall  cease  to 
have any effect: 

1[Provided  that  in  computing  the  said  period  of  one  year,  the  period  or  periods  during  which  any 
action or proceeding to be taken in pursuance of the notification issued under sub-section (1) of section 7 
[including any such action or proceeding pending immediately before the commencement of the Metro 
Railways (Construction of Works) Amendment Act, 1987 (42 of 1987)] is stayed by an order of a Court, 
whether granted before or after such commencement, shall be excluded.] 

(4)  A  declaration  made  by  the  Central  Government  under  sub-section  (1)  shall  not  be  called  in 

question in any court or by any other authority. 

11. Power to take possession of acquired land, etc.—(1) 2[Where any land, building, street, road or 
passage  has  vested  under  sub-section  (2)  of  section  10  and  the  amount  determined  by  the  competent 
authority under section 13 with respect to such land, building, street, road or passage has been deposited, 
under  sub-section  (1)  of  section  14,  with  the  competent  authority  by  the  Central  Government],  the 
competent authority may by notice in writing direct the owner as well as any other person who may be in 
possession of such land, building, street, road or passage to surrender or deliver possession thereof to the 
competent authority or any person duly authorised by it in this behalf within sixty days of the service of 
the notice. 

(2)  If  any  person  refuses  or  fails  to  comply  with  any  direction  made  under  sub-section  (1),  the 

competent authority shall apply,— 

(a) in the case of any land, building, street, road or passage situated in any area falling within the 

Presidency-town of Bombay, Calcutta or Madras, to the Commissioner of Police; 

(b) in the ease of any land, building, street, road or passage situated in any area other than the area 

referred to in clause (a), to the Executive Magistrate, 

and  such  Commissioner  or  Magistrate,  as  the  case  may  be,  shall  enforce  the  surrender  of  the  land, 
building, street, road or passage to the competent authority or to the person duly authorised by it. 

12.  Right  to  enter  into  the  land  where  right  of  user,  etc.,  is  vested  in  the  Central                

Government.—Where the right of user in, or any right in the nature of easement on, any land, building, 
street, road or passage has vested in the Central Government under section 10, it shall be lawful for the 
metro railway administration or any officer or other employee of the Central Government to enter and do 
any other act necessary upon the land, building, street, road or passage for carrying out the construction of 
the metro railway or any other work connected therewith. 

13. Determination of amount payable for acquisition.—(1) Where any land, building, street, road 
or passage is acquired under this Act, there shall be paid an amount which shall be determined  3[by an 
order of the competent authority]. 

(2) Where the right of user in, or any right in the nature of an easement on, any land, building, street, 
road  or  passage  is  acquired  under  this  Act,  there  shall  be  paid  an  amount  to  the  owner  and  any  other 
person whose right of enjoyment in that land, building, street, road or passage has been affected in any 
manner  whatsoever  by  reason  of  such  acquisition  an  amount  calculated  at  ten  per  cent.  of  the  amount 
determined under sub-section (1) for that land, building, street, road or passage. 

4[(2A)  Before  proceeding  to  determine  the  amount  under  sub-section  (1)  or  sub-section  (2),  the 
competent authority shall give a public notice published in the prescribed manner inviting claims from all 
persons  interested  in  the  land,  building,  street,  road  or  passage,  or  the  right  of  user  or  the  right  in  the 
nature of easement therein to be acquired. 

1. Proviso added by Act 42 of 1987, s. 2 (w.e.f. 9-12-1987). 
2. Subs. by Act 41 of 1982, s. 5, for certain words, brackets and figures (w.e.f. 15-5-1983).  
3. Subs. by s. 6, ibid., for “by the competent authority” (w.e.f. 15-5-1983). 
4. Ins. by s. 6, ibid. (w.e.f. 15-5-1983). 

7 

                                                           
(2B) Such notice shall state the particulars of the land, building, street, road or passage acquired, or 
the  right  of  user  or  the  right  in  the  nature  of  easement  therein  acquired  and  shall  require  all  persons 
interested in such land, building, street, road or passage or right of user or right in the nature of easement 
therein,  to  appear  in  person,  or  by  an  agent  or  by  a  legal  practitioner  referred  to  in  sub-section  (2)  of 
section  9,  before  the  competent  authority,  at  a  time  and  place  therein  mentioned  (such  time  not  being 
earlier  than  fifteen  days  after  the  date  of  the  publication  of  the  notice)  and  to  state  the  nature  of  their 
respective interests in such land, building, street, road or passage or right of user or right in the nature of 
easement therein.] 

(3) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is 
not acceptable to either of the parties the amount shall, 1[on an appeal preferred by either of the parties to 
the  appellate  authority,  within  a  period  of  sixty  days  from  the  date  of  the  order  appealed  against,  be 
determined by an order of the appellate authority]. 

(4)  The  competent  authority  or  the  2[appellate  authority]  while  determining  the  amount  under                 

sub-section (1) or sub-section (3), as the case may be, shall take into consideration— 

(a) the market value of the land, building, street, road or passage on the date of publication of the 

notification under section 7; 

(b) the damage, if any, sustained by the person interested at the time of taking possession of the 

land, by reason of the severing of such land from other land; 

(c) the damage, if any, sustained by the person interested at the time of taking possession of the 
land,  building,  street,  road  or  passage  by  reason  of  the  acquisition  injuriously  affecting  his  other 
immovable property in any other manner, or his earnings; 

(d) if, in consequence of the acquisition of the land, building, street, road or passage, the person 
interested is compelled to change his residence or place of business, the reasonable expenses, if any, 
incidental to such change. 
14. Deposit and payment of amount.—(1) The amount determined  3*** under section 13 shall be 
deposited by the Central Government in such manner as may be prescribed with the competent authority 
4[within such time as may be fixed by that authority]. 

(2)  As  soon  as  may  be  after  the  amount  has  been  deposited  under  sub-section  (1),  the  competent 
authority  shall  on  behalf  of  the  Central  Government  pay  the  amount  to  the  person  or  persons  entitled 
thereto: 

5[Provided  that  where  an  appeal  has  been  or  is  likely  to  be  preferred  under  section  13  against  the 
order  by  which  such  amount  was  determined  and the  competent  authority  is  satisfied for reasons to  be 
recorded in writing that it is necessary or expedient so to do, he may by order in writing— 

(a)  require  the  person  claiming  payment  of  such  amount  to  furnish  as  a  condition  of  receiving 

such payment such security as may be specified in the order; or 

(b) if such person fails to furnish such security, withhold the payment of the whole or any part of 

such amount for such period as may be specified in the order.] 

(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the 
competent  authority  shall  determine  the  persons  who  in  its  opinion  are  entitled  to  receive  the  amount 
payable to each of them. 

(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to 
whom  the  same  or  any  part  thereof  is  payable,  the  competent  authority  shall  refer  the  dispute  to  the 
decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land, 
building, street, road or passage is situated. 

1.  Subs.  by  Act  41  of  1982,  s.  6,  for  “on  an  application  by  either  of  the  parties,  to  the  arbitrator,  be  determines  by  the  

arbitrator” (w.e.f. 15-5-1983). 

2. Subs. by s. 2, ibid., for “arbitrator” (w.e.f. 15-5-1983).  
3. The words “by the competent authority” omitted by s. 7, ibid, (w.e.f. 15-5-1983). 
4. Subs. by s. 7, ibid., for “before taking possession of the land, building, street, road or passage” (w.e.f. 15-5-1983). 
5.  Proviso added by s. 7, ibid. (w.e.f. 15-5-1983).  

8 

                                                           
(5)  Where  the  amount  determined  under  section  13  by  the  1[appellate  authority]  is  in  excess                  

of  the  amount  determined  by  the  competent  authority,  the  1[appellate  authority]  may  award  interest  at               
six per cent. per annum on such excess amount from the date of taking possession under section 11 till the 
date of the actual deposit thereof. 

(6) Where the amount determined by the 1[appellate authority] is in excess of the amount determined 

by  the  competent  authority,  the  excess  amount  together  with  interest,  if  any,  awarded  under                             
sub-section (5) shall be deposited by the Central Government in such manner as may be prescribed with 
the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit. 

15.  Competent  authority  to  have  certain  powers  of  civil  court.—The  competent  authority  shall 
have, for the purposes of this Act, all the powers of 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 any person and examining him on oath; 

(b) requiring the discovery and production of any document; 

(c) reception of evidence on affidavits; 

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

(e) issuing commission for examination of witnesses. 

2[15A.  Power  to  inspect  property  under  acquisition.—The  competent  authority  may,  with  or 
without  assistants  or  workmen,  enter  into  or  upon  any  land,  building,  street,  road  or  passage,  for  the 
purpose of performing his functions under this Act and make such enquiry, inspection, measurement and 
take such photographs and prepare such memorandum thereof as he may consider necessary: 

Provided that— 

(i) no such entry shall be made except between the hours of sunrise and sunset and without giving 

reasonable notice to— 

(a) the owner of, or the person interested in, the land, building, street, road or passage; or 

(b) the person whose right of user in or right in the nature of easement on the land, building, 

street, road or passage is acquired; or 

(c) the person who sustains any loss or damage to the land, building, street, road or passage in 
consequence  of  any  direction  given  by  the  Central  Government  or  any  power  exercised  by  the 
metro railway administration under this Act; 

(ii) sufficient opportunity shall in every instance be given to enable women, if any, to withdraw 

from such land, building, street, road or passage; 

(iii)  due  regard  shall  always  be  had,  so  far  as  may  be  compatible  with  the  exigencies  of  the 
purpose for which the entry is made, to the social and religious usage of the person to whom notice as 
aforesaid is given; 

(iv) the competent authority making the entry shall cause as little damage or injury as possible, to 

the land, building, street, road or passage.] 
3[16.  Competent  authority  and  appellate  authority.—(1)  For  every  metro  railway,  the  Central 

Government shall, for the purposes of this Act, by notification in the Official Gazette, appoint— 

(i) a competent authority; and 

(ii) an appellate authority, 

for such area as may be specified in the notification. 

1. Subs. by Act 41 of 1982, s. 2, for “arbitrator” (w.e.f. 15-5-1983).  
2. Ins. by s. 8, ibid. (w.e.f. 15-5-1983).  
3. Subs. by s. 9, ibid., for section 16 (w.e.f. 15-5-1983).  

9 

                                                           
(2) A person shall not be qualified for appointment as a competent authority unless he is holding, or 

has held, a judicial office, not lower in rank than that of a subordinate judge. 

(3) A person shall not be qualified for appointment as an appellate authority unless he is holding, or 

has held, a judicial office, not lower in rank than that of a district judge. 

Explanation.—For the purpose of this section,— 

(a) “district judge” includes an additional district judge; 

(b)  “subordinate  judge”  means  subordinate  judge  in  the  judicial  service  of  West  Bengal,  and 
includes any judicial officer (by whatever name called) of an equivalent rank in the judicial service of 
any other State.] 

1[16A. Powers of the appellate authority.—(1) The appellate authority may admit an appeal filed 
after the expiry of the period referred to in section 13 or section 22 or section 25, as the case may be, if he 
is satisfied that there was sufficient cause for not presenting it within that period. 

(2) For the disposal of an appeal under this Act, the appellate authority shall have the same powers 
(including  the  powers  under  sections  15  and  15A),  and  shall,  subject  to  the  provisions  of  this  section, 
perform as nearly as may be the same duties as are conferred or imposed by this Act on the competent 
authority in respect of the matters under Chapter III and Chapter IV. 

(3) The appellate authority may, if he thinks it expedient so to do, call in his aid one or more assessors 

and hear the appeal wholly or partly with the aid of such assessors. 

(4) For the purpose of determining the amount under any appeal before him, the appellate authority 
may,  after  making  such  further  enquiry  or  after  taking  such  additional  evidence,  as  may  be  necessary, 
pass such order as he thinks fit, determining the amount, by confirming, modifying or annulling the order 
appealed against. 

(5) An order of the appellate authority determining the amount under this Act shall be final. 

16B. Competent authority, etc., to have certain inherent powers.—The competent authority and 
the appellate authority may exercise powers of the nature referred to in section 151 of the Code of Civil 
Procedure, 1908 (5 of 1908), to the same extent and for the same purposes as such powers are exercisable 
by civil courts. 

16C. Enforcement of the orders of the competent authority and appellate authority.—(1) Any 
order made by the competent authority or the appellate authority determining any amount payable under 
this Act may be enforced in the same manner as if such order were a decree made by a civil court in a suit 
pending therein, and it shall be lawful for such authority to send, in the case of his inability to execute, 
such order, to the principal civil court of original jurisdiction within the local limits of whose jurisdiction 
the order was made. 

(2) Where any order under sub-section (1) is required to be enforced by the principal civil court of 
original  jurisdiction,  a  certified  copy  of  the  order  shall  be  produced  to  the  proper  officer  of  the  court 
required to enforce the order. 

(3) The production of such certified copy shall be sufficient evidence of the order. 

(4) Upon the production of such certified copy, the principal civil court of original jurisdiction shall 
take the requisite steps for enforcing the order, in the same  manner as if it had been a decree made by 
itself.] 

17.  Land  Acquisition  Act  1  of  1894  not  to  apply.—Nothing  in  the  Land  Acquisition  Act,  1894, 

shall apply to an acquisition under this Act. 

1. Ins. by Act 41 of 1982, s. 10 (w.e.f. 15-5-1983).  

10 

                                                           
CHAPTER IV 

CONSTRUCTION OF WORKS 

18. Functions of metro railway administration.—Subject to the control of the Central Government, 
the  metro  railway  administration  shall,  for  the  purpose  of  constructing  any  metro  railway  or  any  other 
work connected therewith,— 

(a) make or construct in, upon, across, under or over any lands, buildings, streets, roads, railways 

or  tramways  or  any  rivers,  canals,  brooks,  streams  or  other  waters  or  any  drains,  water-pipes,                  
gas-pipes,  electric  lines  or  telegraph  lines,  such  temporary  or  permanent  inclined  planes,  arches, 
tunnels,  culverts,  embankments,  aqueducts,  bridges,  ways  or  passages,  as  the  metro  railway 
administration thinks proper; 

(b)  alter  the  course  of  any  rivers,  canals,  brooks,  streams  or  water-courses  for  the  purpose  of 
constructing  tunnels,  passages  or  other  works  over  or  under  them  and  divert  or  alter  as  well 
temporarily as permanently, the course of any rivers, canals, brooks, streams or water-courses or any 
drains,  water-pipes,  gas-pipes,  electric  lines  or  telegraph  lines  or  raise  or  sink  the  level  thereof  in 
order the more conveniently to carry them over or under, as the metro railway administration thinks 
proper; 

(c) make drains or conduits into, through or under, any lands adjoining the metro railway for the 

purpose of conveying water from or to the metro railway; 

(d)  erect  or  construct  search  houses,  warehouses,  offices  and  other  buildings  and  such  yards, 
stations,  engines,  machinery,  apparatus  and  other  works  and  conveniences,  as  the  metro  railway 
administration thinks proper; 

(e)  alter,  repair  or  discontinue  such  buildings,  works  and  conveniences  as  aforesaid  or  any  of 

them, and substitute others in their stead; 

(f) draw, make or conduct such maps, plans, surveys or tests, as the metro railway administration 

thinks proper; 

(g) do all other acts necessary for making, maintaining, altering or repairing and using the metro 

railway. 

19. Powers of metro railway administration.—(1) The metro railway administration shall, for the 

purpose of 1[performing its functions under section 18] have power— 

(a) to enter into contracts and leases and to execute all instruments necessary therefor; 

(b)  to  make  such  number  of  rail  tracks  as  the  Central  Government  may  think  necessary  upon, 
under, along or across any land, canal, river, street or road on or in the metro alignment and all other 
works and conveniences in connection therewith; 

(c) 2[to open, divert or temporarily close], as the case may be, any street, road, cable, trench, drain 
(including  a  sewer),  channel,  ditch,  culvert  or  any  other  device  (whether  for  carrying  of  sullage, 
sewage,  offensive  matter,  polluted  water,  trade  effluent,  rain  water,  sub-soil  water  or  any  other 
object), electric or gas supply line or tele-communication line, or telegraph installation, over, across 
or under any land, building, street, road, railway or tramway; 

(d) to burrow tunnels; 

(e) to lay down signalling and other communication facilities, electric sub-stations, supply lines 

and other works; 

(f) to regulate drilling of tubewells or sinking of wells, public or private, in the proximate vicinity 

of the metro alignment; 

(g) to do all other things necessary or expedient for the exercise of any of the aforesaid powers. 

1. Subs. by Act 41 of 1982, s. 11, for certain words (w.e.f. 15-5-1983).   
2. Subs. by s. 11, ibid., for “to open or divert” (w.e.f. 15-5-1983).  

11 

                                                           
(2)  While  exercising  any  powers  under  sub-section  (1),  the  metro  railway  administration  shall  take 
such  precautionary  measures  as  are  necessary,  shall  do  as  little  damage  as  possible  and  shall  be  liable 
only for the damage or cost actually suffered or incurred by any person as a result of the exercise of such 
powers. 

 20.  Development  over  metro  alignment.—(1)  Any  person  who  proposes  to  develop  any  land  or 
building along or on the metro alignment shall, before commencing such development and without in any 
way limiting his obligation under any other Act to obtain any approval or consent, submit to the metro 
railway  administration  details  of  the  proposed  development  and  shall  comply  with  any  conditions 
imposed by the metro railway administration in respect thereof. 

(2) The metro railway administration shall, while imposing any condition under sub-section (1), have 

regard to— 

(a) the safety of the metro railway; 
(b) such other matters as may be prescribed. 

21. Power  to  prohibit  or regulate  construction  of buildings  and  excavation.—(1)  If  the  Central 
Government is of opinion that it is necessary or expedient so to do for facilitating the construction of any 
metro  railway  or  for  ensuring  the  safety  of  any  metro  railway,  it  may,  by  notification  in  the  Official 
Gazette,— 

(a) direct that no building or any such development as may be specified in the notification shall 
be constructed or made above the metro alignment or on any land within such distance, not exceeding 
1[twenty  metres]  on  either side  of the  metro  alignment,  as  may  be  specified  in the  notification  and 
where there is any building on such land also direct the owner of, or the person having control over, 
such building to demolish such building or to make such additions or alterations to such building as 
may be specified in the notification or to desist from making any such development and within such 
period as may be specified in the notification; 

(b) direct temporary evacuation of all persons together with any movable property or animal that 
may  be  in  the  custody,  control  or possession  of  such  persons  from  any  building  situated  above  the 
metro alignment or in any area within a distance not exceeding twenty metres on either side of such 
alignment and within such period as may be specified in the notification: 

Provided that before issuing any notification under this clause, the Central Government shall provide 
every such person temporarily with alternative accommodation, which in its opinion is suitable, free of 
cost, or an amount, which in its opinion is sufficient, to procure a temporary alternative accommodation. 

(2) Where any property is needed or likely to be needed for providing any alternative accommodation 

under  the  proviso  to  clause  (b)  of  sub-section  (1),  such  property  shall  be  deemed  to  be  needed  for                           
a  public  purpose  under  section  3  of  the  Requisitioning  and  Acquisition  of  Immovable  Property  Act,                
1952 (30 of 1952), and the competent authority under that Act shall requisition the property in accordance 
with  the  provisions  of  that  Act  and  such  provisions  shall,  in  relation  to  such  requisition,  apply 
accordingly. 

(3) In specifying the distance under clause (a) of sub-section (1), the Central Government shall have 

regard to— 

(a) the nature and the requirement of the metro railway; 
(b) the safety of the building; 
(c) such other matters as may be prescribed. 

(4) Where any notification has been issued under sub-section (1) directing the owner or the person 
having  control  over  any  building  to  demolish  such  building  or  to  make  additions  or  alterations to  such 
building  or  to  desist  from  making  any  development  specified  in  such  notification,  a  copy  of  the 
notification containing such direction shall be served on the owner of, or the person having control over, 
such building, as the case may be,— 

(i) by delivering or tendering it to such owner or person; or 

1. Subs. by Act 41 of 1982, s. 12, for “ten metres” (w.e.f. 15-5-1983).  

12 

                                                           
(ii) if it cannot be delivered or tendered, by delivering or tendering it to the agent of such owner 
or  person  or  any  adult  male  member  of  the  family  of  such  owner  or  person  or  by  affixing  a  copy 
thereof on the outer door or on some conspicuous part of the premises in which such owner or person 
is known to have last resided or carried on business or personally worked for gain; or failing service 
by these means; 

(iii) by post. 

(5)  Every  person  shall  be  bound  to  comply  with  any  direction  contained  in  any  notification  issued 

under sub-section (1). 

22.  Payment  of  amount  for  prohibition  of  construction,  etc.—(1)  If  in  consequence  of  any 
direction contained in any notification issued under sub-section (1) of section 21 any person sustains any 
loss  or  damage,  such  person  shall  be  paid  an  amount  which  shall  be  determined  1[by  an  order  of  the 
competent authority] in the first instance. 

(2) If the amount determined by the competent authority is not acceptable to either of the parties, the 
amount shall, 2[on an appeal preferred by either of the parties, within sixty days from the date of the order 
of  the  competent  authority,  to  the  appellate  authority,  be  determined  by  an  order  of  the  appellate 
authority]. 

(3)  The  competent  authority  or  the  3[appellate  authority],  while  determining  the  amount  under                   

sub-section (1) or sub-section (2), as the case may be, shall take into consideration— 

(i) the loss or damage sustained by such person in his earnings; 

(ii) the diminution, if any, of the market value of the land or building immediately after the date 

of publication of such notification; 

(iii) where in pursuance of any direction any building has been demolished or any additions or 
alterations to such  building have been made or any development has been desisted by such person, 
the damage sustained by him in consequence of such demolition or the making of such additions or 
alterations or the desisting from making such development and the expenses incurred by such person 
for such demolition or additions or alterations: 

Provided that the expenses incurred for such demolition or additions or alterations shall not be taken 
into  consideration  if  such  demolition  or  additions  or  alterations  has  or  have  been  done  by  the  metro 
railway administration under sub-section (2) of section 36; 

(iv) if any such person is compelled to change his residence or place of business the reasonable 

expenses, if any, that may have to be incurred by him incidental to such change. 

23.  Power  to  underpin  building  or  otherwise  strengthen  it.—(1)  If  the  metro  railway 
administration is of opinion that it is necessary or expedient so to do for facilitating the construction of 
any  metro  railway  or  for  ensuring  the  safety  of  any  metro  railway,  it  may,  underpin  or  otherwise 
strengthen any building within such radius not exceeding fifty metres from the metro alignment. 

(2) The metro railway administration shall give to the owner or occupier of such building at least ten 
days  notice  in  writing  before  undertaking  the  work  of  underpinning  or  otherwise  strengthening  the 
building: 

Provided that where the metro railway administration is satisfied that an emergency exists, no  such 

notice shall be necessary. 

(3) Where the underpinning or strengthening was executed in connection with— 

(a) the carrying out of the works upon the land where any building is situated, or 

(b) the construction or operation of any metro railway, 

1. Subs. by Act 41 of 1982, s. 13, for “by the competent authority” (w.e.f. 15-5-1983).  
2. Subs by s. 13, ibid., for certain words (w.e.f. 15-5-1983).  
3. Subs. by Act 41 of 1982, s. 2, for “arbitrator” (w.e.f. 15-5-1983). 

13 

                                                           
the  metro  railway  administration  may,  at  any  time  after  the  underpinning  or  strengthening  of  such 
building is completed and before the expiration of a period of twelve months,— 

(i) in a case referred to in clause (a), from the completion of such works; and 

(ii) in a case referred to in clause (b), from the date on which traffic was opened in the metro 

railway, 

enter upon and survey such building and do such further underpinning or strengthening thereon as it may 
deem necessary. 

24.  Power  to  enter,  etc.—(1)  With  a  view  to  making  survey,  or  to  ascertaining  the  nature  or 
condition, of any land or building for the purpose of construction of any metro railway or any other work 
connected  therewith,  the  metro  railway  administration  or  any  person  authorised  by  that  administration 
may, at any reasonable hour in the day time and after giving reasonable notice to the owner or occupier of 
such land or building, enter upon or into such land or building in, along, over or near the metro alignment 
to— 

(a) inspect the same; 

(b)  make  measurements  and  drawings  and  take  photographs  thereof  and  such  other  suitable 
measures  as  may  be  necessary  to  explore  and  check  up,  by  digging  trial  pits  or  otherwise,  the 
foundation of any building in the vicinity of the metro alignment; 

(c) take such other measures as the said administration deems necessary and proper. 

(2) Without prejudice to the powers conferred on it under section 19, the metro railway administration 
may, by writing, request any person or body of persons controlling any sewer, storm water drain, pipe, 
wire or cable to carry out at the expense of the metro railway administration any alterations thereto which 
that  administration  is  authorised  or  may  be  required  to  carry  out  to  meet  any  particular  situation  for 
carrying out the purposes of this Act. 

(3)  If  any  difference  or  dispute  arises  between  the  metro  railway  administration  and  the  person  or 
body of persons referred to in sub-section (2) in relation to any such alterations or the cost thereof, such 
difference or dispute shall be determined by the Central Government in consultation (wherever necessary) 
with the State Government and the decision of the Central Government in this regard shall not be called 
in question in any court. 

25.  Amount  payable  for  damage,  loss  or  injury.—(1)  Where  the  metro  railway  administration 
exercises any power conferred on it by or under this Act and in consequence thereof any damage, loss or 
injury  is  sustained  by  any  person  interested  in  any  land,  building,  street,  road  or  passage,  the  metro 
railway administration shall be liable to pay to such person for such damage, loss or injury such amount 
as may be determined by the competent authority. 

(2)  If  the  amount  determined  by  the  competent  authority  under  sub-section (1) is  not  acceptable to 
either  of  the  parties, the  amount  payable  shall,  1[on  an  appeal  preferred  by  either  of  the  parties,  within 
sixty days from the date of the order of the competent authority, to the appellate authority, be determined 
by an order of the appellate authority]. 

(3)  The  competent  authority  or  the  2[appellate  authority]  while  determining  the  amount  under                

sub-section (1) or sub-section (2), as the case may be, shall have due regard to the damage, loss or injury 
sustained by any person interested in the land, building, street, road or passage by reason of— 

(i) the removal of trees or standing crops, if any; 

(ii) the temporary severance of the land, building, street, road or passage; 

(iii) any injury to any other property whether movable or immovable. 

1. Subs. by Act 41 of 1982, s. 14, for certain words (w.e.f. 15-5-1983). 
2. Subs. by s. 2, ibid., for “arbitrator” (w.e.f. 15-5-1983). 

14 

                                                           
1[(4) The procedure and the manner of deposit and payment of the amount payable for acquiring any 
land, building, street, road or passage or any right of user in or any right in the nature of easement on any 
land, building, street, road or passage shall be followed in the case of the procedure and the manner of 
deposit  and  payment  of  the  amount  determined  by  the  competent  authority  or  the  appellate  authority 
under this section.] 

26. Right to claim for damages.—No claim in respect of any damage, loss or injury alleged to have 
been  caused  as  a  consequence  of  construction  of  any  metro  railway  or  any  other  work  connected 
therewith  under  this  Act  shall  lie  against  the  metro  railway  administration  unless  such  claim  is  made 
within a period of twelve months from the date of completion of the construction of such metro railway or 
other work in the area in which such damage, loss or injury is caused. 

CHAPTER V 

INSPECTION OF METRO RAILWAY 

27. Appointment and duties of commissioner.—(1) The Central Government may appoint as many 

persons as it thinks fit by name or by virtue of their office to be commissioners of metro railway. 

(2) Every commissioner shall— 

(a) inspect the metro railway with a view to determining whether it is fit to be opened for public 

carriage of passengers and report thereon to the Central Government; 

(b) make such periodical or other inspections of any metro railway or of any rolling stock used 

thereon as the Central Government may direct; 

(c)  perform  such  other  duties  as  may  be  imposed  on  him  by  or  under  this  Act  or  any  other 

enactment for the time being in force relating to railways or required by the Central Government. 

28.  Powers  of  commissioners.—Subject  to  the  control  of  the  Central  Government  every 

commissioner shall have the power— 

(a) to enter upon and inspect any metro railway or any rolling stock used thereon; 

(b) to make any enquiry or to take any measurement as he thinks fit for the performance of his 

duties under this Act; 

(c)  by  an  order  in  writing  under  his  hand  and  official  seal  addressed  to  any  metro  railway 
administration,  to  require  the  attendance  before  him  of  any  officer  or  other  employee  of  the  metro 
railway and to require answers or returns, to such enquiries as he thinks fit to make, from such officer 
or other employee or from the said administration; 

(d) to require the production of any book or other documents belonging to, or in the possession or 
control of, any metro railway administration which it appears to him to be necessary to inspect for the 
performance of his duties by or under this Act. 

29. Facilities to be afforded to commissioner.—Every metro railway administration shall afford to 
every commissioner all reasonable facilities for performing the duties or exercising the powers imposed 
or conferred upon him by or under this Act. 

CHAPTER VI 

MISCELLANEOUS 

30. Surplus land to be  sold or otherwise disposed of.—Every  metro railway administration may, 
with the previous approval of the Central Government, sell or otherwise dispose of any land vested in the 
Central  Government  under  the  provisions  of  this  Act  when  such  land  is  no  longer  required  for  the 
purposes of the metro railway. 

1. Ins. by Act 41 of 1982, s. 14 (w.e.f. 15-5-1983). 

15 

                                                           
31.  Notice  of  accidents  and  enquiries.—(1)  If  any  accident  occurs  during  the  construction  of  any 
metro railway or at any stage subsequent thereto as a consequence of such construction and the accident 
results in, or is likely to have resulted in, loss of human being or animal or damage to any property, it 
shall  be  the  duty  of  the  metro  railway  administration  to  give  notice  to  the  Central  Government  of  the 
occurrence of any such loss or damage in such form and within such time as may be prescribed. 

(2) On receipt of a notice under sub-section (1), the Central Government may, if it thinks fit, appoint 

a commission to enquire into the accident and report as to— 

(a) the cause of such accident; 

(b) the manner in which and the extent to which the provisions of this Act or any other Act for the 
time being in force in so far as those provisions regulate and govern the safety of any person, animal 
or property, have been complied with. 

(3)  The  commission  appointed  under  sub-section  (2),  while  holding  an  enquiry,  shall  have  all  the 
powers of 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 any person and examining him on oath; 

(b) requiring the discovery or production of any document; 

(c) reception of evidence on affidavits; 

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

(e) issuing commission for examination of witnesses. 

32. Power to alter the entries in the Schedule.—(1) The Central Government may, by notification 

in the Official Gazette,— 

(a) add to the Schedule the metro alignment in respect of a 1[metropolitan city, metropolitan area 
and  the  National  Capital  Region]  to  which  this  Act  is  made  applicable  under  sub-section  (3)  of 
section 1; 

(b) alter any metro alignment specified in the Schedule if it is of opinion that such alteration is 
necessary for the construction and maintenance of the metro railway to which such alignment relates. 

(2) Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid 

before each House of Parliament. 

33. Prohibition of obstruction.—No person shall, without any reasonable cause or excuse, obstruct 
any person with whom the metro railway administration has entered into a contract, in the performance or 
execution by such person of such contract. 

34.  Local  authorities  to  assist.—Every  local  authority  shall  render  such  help  and  assistance  and 
furnish  such  information  to  the  metro  railway  administration  as  that  administration  may  require  for 
discharging  its  functions  and  shall  make  available  to  the  said  administration  for  inspection  and 
examination  such  records,  maps,  plans  and  other  documents  as  may  be  necessary  for  the  discharge  of 
such functions. 

35.  Prohibition  of  removal  of  marks.—No  person  shall  remove  any  marks  placed  or  fill  up  any 

trench cut for the purpose of marking levels, boundaries or lines by the metro railway administration. 

36.  Penalty  for  failure  to  comply  with  directions  issued  under  section  21.—(1)  If  any  person 
wilfully fails to comply with any direction contained in any notification issued under section 21, he shall 
be  punished  with  imprisonment  for  a  term  which  may  extend  to  six  months,  or  with  fine  which  may 
extend to one thousand rupees, or with both. 

1. Subs. by Act 34 of 2009, s. 3, for “metropolitan city” (w.e.f. 7-9-2009).  

16 

                                                           
(2) Without prejudice to the provisions of sub-section (1), if any person fails to demolish any building 
or make additions or alterations thereto in pursuance of any direction contained in any notification issued 
under section 21 within the period specified in the notification, then, subject to such rules as the Central 
Government  may  make  in  this  behalf,  it  shall  be  competent  for  any  officer  authorised  by  the  metro 
railway administration in this behalf to demolish such building or make necessary additions or alterations 
thereto. 

1[(2A) Without prejudice to the provisions of sub-section (1), if any person fails to vacate temporarily 
any  building  together  with  any  movable  property  or  animal  that  may  be  in  his  custody,  control  or 
possession in pursuance of any direction contained in any notification issued under section 21 within the 
period  specified  in  the  notification,  the  competent  authority  may  enforce  the  direction  of  temporary 
evacuation  physically  by  taking  such  police  help, as may  be  considered by  him  necessary,  and for this 
purpose the provisions of sub-section (2) of section 11 shall, as far as may be, apply.] 

37.  General  provision  for  punishment  of  offences.—Whoever  contravenes  any  provision  of  this 
Act or of any rule made thereunder shall, if no other penalty is provided for such contravention elsewhere 
in this Act or the rules, 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. 

38.  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. 

39.  Bar  of  jurisdiction.—No  suit  or  application  for  injunction  shall  lie  in  any  court  against  the 
Central  Government  or  the  metro  railway  administration  or  any  officer  or  other  employee  of  that 
Government  or  the  metro  railway  or  any  person  working  for  or  on  behalf  of  the  metro  railway 
administration, in respect of any work done or purported to have been done or intended to be done by it or 
the  said  administration  or  such  officer  or  other  employee  or  such  person  in  connection  with  the 
construction of any metro railway or any other work connected therewith. 

40. 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. 

41.  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 for anything which is in good faith done or intended to 
be done under this Act. 

1. Ins. by Act 41 of 1982, s. 15 (w.e.f. 15-5-1983). 

17 

                                                           
(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 
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. 

42.  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, in relation to any metropolitan city, be made  after the expiry of a 
period of two years from the date on which this Act applies or is made applicable to such metropolitan 
city under sub-section (3) of section 1. 

43.  Application  of  the  Indian  Railways  Act,  1890.—Save  as  otherwise  provided  in  this  Act,          
the  provisions  of  this  Act  shall  be  in  addition  to,  and  not  in  derogation  of,  the  Indian  Railways                    
Act, 1890 (9 of 1890). 

44. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to carry out the purposes 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 times and places at which the Advisory Board shall meet and the procedure in regard to 

transaction of business by the Advisory Board under sub-section (5) of section 4; 

(b) the term of office of the members of the Advisory Board under sub-section (6) of section 4; 

(c)  the  times  and  places  at  which  the  committees  shall  meet  and  the  procedure  in  regard  to 

transaction of business by the committees under sub-section (2) of section 5; 

(d) the payment of fees, allowances and travelling allowances to the  members of the committee 

under sub-section (3) of section 5; 

(e) the form in which an application for acquisition shall be made under section 6; 

(f)  the  places  at  which  and  the  manner  in  which  the  substance  of  the  notification  shall  be 

published under sub-section (3) of section 7; 

(g)  the  manner  in  which  the  amount  shall  be  deposited  with  the  competent  authority  under                  

sub-sections (1) and (6) of section 14; 

(h) the matters to be specified under clause (b) of sub-section (2) of section 20; 

(i) the matters to be specified under clause (c) of sub-section (3) of section 21; 

(j) the form in which and the time within which a notice shall be given under sub-section (1) of 

section 31; 

(k) 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. 

45. Saving.—Notwithstanding anything contained in this Act any proceeding, for the acquisition of 
any  land,  under  the  Land  Acquisition  Act,  1894  (1  of  1894),  for  the  purpose  of  any  metro  railway, 
pending immediately before the commencement of this Act before any court or other authority shall be 
continued and be disposed of under that Act as if this Act had not come into force. 

18 

 
19 

 
