[26th
August, 2009] [Repealed
by Act 23 of 2016][2] An Act further to amend the
Metro Railways (Construction of Works) Act, 1978 and to amend the Delhi Metro
Railway (Operation and Maintenance) Act, 2002 Be it enacted by Parliament
in the Sixtieth Year of the Republic of India as follows:- Prefatory Note-Statement of
Objects and Reasons.-The Central Government has approved the extension of Delhi
Metro to NOIDA (Uttar Pradesh) and Gurgaon (Haryana). The construction work has
already begun to connect these places by Metro Rail. The construction of Metro
Rail to NOIDA and Gurgaon are being executed by the Delhi Metro Rail
Corporation. However, there is no legal cover for these extensions at present.
In view of the Commonwealth Games being held in October, 2010, these extensions
are required to be completed before that period. In fact, extension to NOIDA is
scheduled to be completed by June, 2009. Therefore, it is necessary to provide
a legal cover for these extensions by suitable amendment in the existing
legislations. 2. The Metro Railway
(Construction of Works) Act, 1978 provides for construction of Metro Railways
in the National Capital Territory of Delhi. It is, therefore, proposed to amend
the said Act so as to extend the provisions of the Act to National Capital
Region and for that purpose to substitute the term ?National Capital Territory
of Delhi? by the term ?National Capital Region?. 3. The Delhi Metro
(Operation and Maintenance) Act, 2002 provides for operation and maintenance of
Metro Railway in Delhi. However, in view of extension of Metro Railway to
National Capital Region and for development, construction, operation and
maintenance of Metro Railway in that region, it is necessary to amend the Delhi
Metro (Operation and Maintenance) Act, 2002. Accordingly, it is proposed to
provide for the following matters, namely:- (i)
substitute the term ?National Capital
Territory of Delhi? by the term ?National Capital Region?; (ii)
define ?National Capital Region? to have the
meaning assigned to it in the National Capital Region Planning Board Act, 1985; (iii)
empower the Metro Railway Administration to
provide for other transport services for the purpose of facilitating the
carriage of passengers or to provide integrated transport service; (iv)
place the Commissioners of Metro Railway
Safety under the administrative control of the Chief Commissioner of Railway
Safety; and (v)
for deeming the Commissioner as a civil court
for the purposes of Section 121 of the Indian Evidence Act, 1872. 4. The Bill seeks to achieve
the above objects. CHAPTER
1 PRELIMINARY (1)
This Act may be called the Metro Railways
(Amendment) Act, 2009. (2)
It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint. CHAPTER
2 AMENDMENT
TO THE METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978 In the Metro Railways
(Construction of Works) Act, 1978 (33 of 1978) (hereafter in this chapter
referred to as the Metro Railways Act), in Section 1, in sub-section (3), for
the portion beginning with the words ?such other metropolitan city? and ending
with the words ?to that city accordingly?, the following shall be substituted,
namely:- ?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.?. In the Metro Railways Act,
for the words ?metropolitan city? occurring in clause (h) of sub-section (1) of
Section 2, clause (c) of sub-section (1) of Section 4 and clause (a) of
sub-section (1) of Section 32, the words ?metropolitan city, metropolitan area
and the National Capital Region? shall be substituted. In Section 2 of the Metro
Railways Act, in sub-section (1),- (i)
after clause (h), the following clause shall
be inserted, namely:- ?(ha)
?metropolitan area? shall have the meaning assigned to it in clause (c) of
Article 243-P of the Constitution;?; (ii)
after clause (o), the following clause shall
be inserted, namely:- ?(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);?. CHAPTER
3 AMENDMENT
TO THE DELHI METRO RAILWAY (OPERATION AND MAINTENANCE) ACT, 2002 Throughout the Delhi Metro
Railway (Operation and Maintenance) Act, 2002 (60 of 2002) (hereafter in this
chapter referred to as the Delhi Metro Railway Act), for the words
?metropolitan city of Delhi? wherever they occur, the words ?the National
Capital Region, metropolitan city and metropolitan area? shall be substituted. In Section 1 of the Delhi
Metro Railway Act, for sub-sections (1) and (2), the following sub-sections
shall be substituted, namely:- ?(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.?. In Section 2 of the Delhi
Metro Railway Act, in sub-section (1),- (i)
for clause (a), the following clauses shall
be substituted, namely:- ?(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;?; (ii)
for clause (h), the following clauses shall
be substituted, namely:- ?(h)
?metropolitan area? shall have the meaning assigned to it in clause (c) of
Article 243-P of the Constitution; (ha)
?metropolitan city? means the metropolitan city of Bombay, Calcutta, Delhi or
Madras;?; (iii)
after clause (k), the following clause shall
be inserted, namely:- ?(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);?. In Section 6 of the Delhi
Metro Railway Act, in sub-section (2), after clause (b), the following clauses
shall be inserted, namely:- ?(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;?. Section 7 of the Delhi Metro
Railway Act shall be renumbered as sub-section (1) thereof and after
sub-section (1) as so renumbered, the following sub-section shall be inserted,
namely:- ?(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).?. For Section 12 of the Delhi
Metro Railway Act, the following section shall be substituted, namely:- ?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.?. In Section 13 of the Delhi
Metro Railway Act, for the word ?Commissioner?, the words ?Chief Commissioner
of Railway Safety? shall be substituted. In Section 23 of the Delhi
Metro Railway Act, in sub-section (1), for the words ?Hindi and English?, the
words ?Hindi, English and official language of the State in which such station
is located? shall be substituted. In Section 26 of the Delhi
Metro Railway Act, in sub-section (1), the words ?a small? shall be omitted. In Section 34 of the Delhi
Metro Railway Act, for sub-section (4), the following sub-section shall be
substituted, namely:- ?(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.?. In Section 38 of the Delhi
Metro Railway Act, in sub-section (2), for the words ?Government of the
National Capital Territory of Delhi?, the words ?State Government? shall be
substituted. In Section 85 of the Delhi
Metro Railway Act,- (i)
in sub-section (1), for the words ?Government
of the National Capital Territory of Delhi?, the words ?State Government? shall
be substituted; (ii)
in sub-section (2), for the words ?Government
of the National Capital Territory of Delhi in the Delhi Gazette?, the words
?State Government? shall be substituted. [1] Received
the assent of the President on 26-8-2009 and published in the Gazette of India,
Extraordinary, Part II, Section 1, dated 27-8-2009, pp. 1-4, No. 38. [2] Ed.: Act 34 of 2009 repealed
by Act 23 of 2016, S. 2 & Sch. I. See also S. 4 of the Repealing and
Amending Act, 2016: ?4. Savings.- The repeal by this Act of any enactment
shall not affect any other enactment in which the repealed enactment has been
applied, incorporated or referred to; and this Act shall not affect the validity, invalidity,
effect or consequences of anything already done or suffered, or any right,
title, obligation or liability already acquired, accrued or incurred, or any
remedy or proceeding in respect thereof, or any release or discharge of or from
any debt, penalty, obligation, liability, claim or demand, or any indemnity
already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law,
or established jurisdiction, form or course of pleading, practice or procedure,
or existing usage, custom, privilege, restriction, exemption, office or
appointment, notwithstanding that the same respectively may have been in any
manner affirmed or recognised or derived by, in or from any enactment hereby
repealed; nor shall the repeal by this Act of any enactment revive
or restore any jurisdiction, office, custom, liability, right, title,
privilege, restriction, exemption, usage, practice, procedure or other matter
or thing not now existing or in force.?Metro Railways
(Amendment) Act, 2009 [Repealed][1]
[Act 34 of 2009]