 --------- the metro railways (construction oli' wom) amendment bill, 1981 a billtil amend the metro railways (construction of works) act, 1978 be it enacted by parliament in the thirty-second year of die republic of india as 1011ows:-short title and commencement 1 (1) this act may be called the metro railways (cods~tion of wb'rks) amendment act, 1981 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint _of 1978 imo'bgnout the metro railways (construction of wor~) ~ 1978 (hed;tiiafter reteri'ed to as the pdnci'pal act), for the word "arbi~tor", wl1ere~er it occurs, the words j'bqpellate authority" shall be substituted substitution of_ "arbitrator" by "appellate authority" 10 3 institl-8'ection (1) of section 2 01 the principal act, for clause (e), amendthe fonowi~k clati!le shan be substi'tuted, namely: -ment of '(e) "competent authority" means the competmt authority lleetion 2 appointed under section 16;' ·co in section 9 of the principal act,-amedq-ment ot etion 9 (a) in sub-section (1) ,-(i) for the wljrds, brackets and figures "date of publication of the notification under sub-section (1) of section 7", tbe words, hrackets anj figures "date of publication under sub-section (3) 5 of section 7 of the substance of the notification under su h-sectil j ii (1) of that section" shall be substituted; (ii)' the following explanation shall be inserted at the end, namely:-",explanc1rion-for the purposes of this sub-seetion, 10 where the substance of the notification under sub-section (1) of section 7 is published on different dates at di1!erent places the last of such dates sha 11 be deemed to be the date on whicb substance of the notification bas been published"; (b) in sub-section (2), after the words "either in person or", the 15 words "by an agent or" shall be inserted arlenament of section 11 5 in sub-section (1) of section 11 of the principal act, for tbe words, iigures and brackets "subject to the provisions of section 14, where any land, building, street, road or passage has vested under sub-section (2) of section 10", the words, brackets and figures "where any land, 20 building, street, road or passage bas vested under sub-section (2) oe section 10 and the amount detennined by the competent authority under section 13 with resped to such land, building, street, road or passage has been deposited, under sub-section (1) of ~ection 14, with the competent authority by tht' central government" shall be substituted ll5 6 in section 1;) of the principal act,-amtldu· ment of ~tlon13 (a) in sub-section (1), for the words '''by the competent authority", the words "by an order of the competent authority" shall ~ substituted; (b) after sub-section (2), the following sub-sections shall be in- 30 serted, namely:-"(2a) before proceeding to determine the amount undu s~section (1) or sub-section (2), the competent authority shall give a public notice published in the p~escribed manner inviting elaims f,rom all persons interested in the land, building street,· 35 ,  road or passage, or the right of user or the right in thtt nature of easement therein 10 be acquired (zb) 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 40 require all persons interested in such land, building, street, road or passage or right of user or right in the nature of easement ther'ein, 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 "lace therein mentioned (such 45 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"; , 5 (c) in suh-osection (3), for the words "on an application by either of the parties, to the arbitrator, be determined by the arbitrator", the words "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" shall be substituted 7 in section 14 of the principal act,-(a) in sub-section (1) ,-amendmentot jection 14 (i) the words "by the competent authority" shan be omitted; fo (ii) for the words "before taking possession 01 the land, building street, road or passage", the words "within suchiime as may be fixed by that authority" shall be substituted: ('b) to sub-section (2), the following proviso shall be added, namely:-"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-ro (a) require the person claiming payment of such amount to furnish as a condition of receiving wch payment such security as may be specified in the order; or (b) if ,;uch 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" 8 after section 15 of the principal act, the following section shan be inserted, namely:-insertion ot new section 15a 30 | power     ||-----------|| inspect  || property  || under     || acqulsi- || tion     |"15a 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 acf and make such el\quiry, inspection, measurement and take liueh photographs and preplll"e "ucb memorandum thereof alii he may consider necessary: 35 provided that-(i) do such entry shall be made except between the hour "f sunrise and sunset and without giving reasonable notice to-(a) the owner of, or the person interested in the land build~ng, street road or passage; or ,",0 (b) the person whose right of user in or ~ght in the nature of easement on th(> lllnrj building, street road ot passage is acquired: or (c) tl-)e person who sustains any iofls or damage to the land, bufhfng, street road or passage in consequence of any direction given hy the central government or any power exercised by the metro railw~:v admlnfstration under thjsact: (ii) suftlcient op'portunity shall in every instance be given to enable women, if any, to withdraw from such land, b~d1ng, street, road or passage; (iiijdue regard shall always be had, so far as may be compatible with the exigencies of the purpose for: which the 5 entry is made, to the social and religious usage of the ~n to whom notice as aforesaid is given; (w) the competent authority making the entry shall cause - as little damage or injury as possible, to the land, buuding, street, road or passage 10 t for section 16 of the principal act, the following section sball be substituted; namely:-subatitutjon of aection 16 '16 (1) for every metro railway, tbe centr'" gov~t shall, for the purposes of this act by notification in the ofreial gmetfe,  appeijat-•  i 5 (i) a competent authority; altd c0mpetent authority and appellate autborit)r (ii) au appellate authority, for iluch area as may be specified in the notifiteation (~ a person shall not be qualifted for appointment as a compe-'tent authority unless he is holding, or has held, a judicial om~e, not !lo lower in rank than that of a subordinate judge (3), a person shall not be qualifted 'for appointment as an appellate authority unless he is holding, or has held, a judicial office, not low-er in rank tha;n 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 judifltal oilcer (iby whatlever name called) of an equivalent rank in the- judicial sel'vioe of any other state' 30 10 after section 16 of the principal act, the following sectiqt1s shall be inserted, namely:-idiertion of new eetions 18a, 16b and 16c powers rjltba appellate authority 16", (1) the appeuate authority may admit an appeal flied after the expijy of the period referred to in secti,on 13 o~ section 22 or section 25, as the case may be, if he is satisfied that there was sufft- 35 clent cause for not presenting it within that period (2~ par 1ibe dispaaal of an appeal und6l" thi~ act, the appellate -h~ shalt uvct· the  powers (includlng the powers under i88tiana \& and lba), ami shall, subject to the p~isiqqs of thil sec:uqn pedprm, as jm!ad~ as may be tl;le sa~~ dutj~ as are coqf~red oj' ii;nposed by th~ act on the competent autho~ity in respect of [he matters tmder chapter iii and chapter iv  5 (3) the appellate authority may, if he tl1inks jt expedient so to do, call in his aid one or more as8e9sors and hear the appeal wholly or partly with the aid of such a(isessors, , (4) for the purpose of determining the amount u~der iljly appeal before him, the appellate authority may, after making such further enquiry or after taking such additional ~vid~ aj ·m~y be ~essary, 10 pass such order as he thinks fit, determijling t~ adlpunt, by conftrmjngj' modifying or annulling the order appealed again • (5) an order of the appellate, authority determjnil)g the amount under this act shall be final  5 of 190816b the competent authority and the appellate authority tllay exercise the powers of the nature referred to in section 151 ilf the code of civil procedure, 1903 to the same extent and for the same rllrposes a8 such powft!tl are exercisable by civil co\lj'ts, compe,-tent authority, etc, to have certain inherent powel'll 110 , l6c (1) anv order made by the compe~nt authority ~ the appellate authority determining any amount payable under this act may be enforced in the same manner as if such order were 8 decree made by a civil court in a suit pendinl!: 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 lim1ts of whoge jurisdiction the order was made enforcement of the orderlor the com-petent authority , and appellate authority (2) where any order under sub-section (1) is re,qutred 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 (s~ the production of· suoh certified copy shalt be sufficient evidence of the order (4) upon the production of such certified copy, the principal civil court of original jurisdiction shall take the requ'isfte steps for enforcing the order, in the same manner as if it had been a decree :r:na~ by its,elf" u, it:! section 19 ~ the principal act, il1- sub-s~ion (1) ,-35 amendment of section it (a) in the opening portion, f-or the words "constructing any metro railway or any other work connected therewith", the words and figures "performing its functions under section 18" shrll be subatitufled; (b) in clause (e), for the words "to open or divert", the words "to open, divert or temporarily' close" sb21ll be substituted amendment of section 21 12 in section 21 of the principal 'act, in sub-section (1), in clause (a), for the words "ten metres", the words "twenty metres" shall be substituted  13 in section 22 of the principal act,-amendment uf section 22 (a) in sub-section (1), for the words "by the competent 5 authority", the words "by an order' of the competent authority" shall be substituted; (b) in su~tion (2), fo! the \vords "on an appucation by either of the parties to the arbitrator, be determined by the arbitrator", the words "on an appeal nrefe~!"ed by either of the parties, io within sixty days from the date of the order of the competent authority, to the appellate authority, be determjned by an order of the appellate authority" shall be substituted  14 in section 25 of the principal act,-amendment of ic::tion 25 (a) in sub  section (2), for tl-te words "on application by either r 5 of the partfes to the arbitrator, be determined by the arbitrator", the words "on an appeal preferred by either of the parti~s, within sixty days from the date of the order of ~he competent  authority, to the appellate authority, be determine'd by an order of the appellate authority" shall be substituted; 20 (b) after sub-section (3), the following sub-section shall be inserted, namely:-"(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 ~he 115 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  15 in section 36 of the principal act, after sub-section (2) the follow- 30 ing sub-sectipn shall be inserted, namely:-amendment of section 36 c'(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 35 issued under section 21 within the period specified in the notification, the competent authori'ty may enforce the direction of temporary evacuation physically by taking suc:j't police help, as may be considered by him necessary, and for this purpose the provisions of sub-section (2) of '3ection 11 shall, as far as may be, apply," 40 18 in the schedule to the principal act, the word and figures "scale:-l:50000" shall be omitted amendment of tbe schedule 'franter ot appll cationa pending before arbitrator under the principal act 17 every application under sub-section (3) o~ section 13 of the principal act as it stood immediately before the commencement of this act, which is pending before an arbitrator referred to therein shall, on such commencement, stand transferred to the appellate authority to ') \' hom an appeal could have been preferre:l under the principal act as amended by this act if the amount to which such application relates had been determined by the competent authority under sub-section (1) or sub-section (2) of the said section' after the commencement of this act, and such appellate authority may deal with such application from the 10 stage at which it stood transferred to it as if it were r~ 1 appeal pending with him: provided that either of the parties to the case may demand that before proceeding further, the previous proceeding or any part thej:eof be reopened or that he be re-heard, the 'metro railways (construction of works) act, 1978 was enacted to provide for construction of a network of a mass rapid tr~nsit system "}sop'ii1ariy known as metro railway, in metropolitan cities, and for enabling powers for acquisitioil of property and taking other measures for execution of such projects speedily keeping in view the experience gained in the working of the act during the last few years, it is co1'isidered necessary to amend the act so :1'8 to better achie1je the pln1;>oses tliereof 2 the more important amendments which are proposed to be made are the following:-(a) the jurisdiction vested by the act in the arbitrator appointed under section 16 of the act is in substance jurisdiction of an appellate nature it is therefore proposed to provide for an appellate authority in place of the arbitrator and make the necessary incidental and consequential changes (b) it is also p!'oposed to specify that only persons who are holding or who have held a judicial office not lower in rank than that of a subordinate judge may be appointed as competent authorities under the act likewise it is also proposed to specify that only persons who are holding or who have held a judicial office not lower in rank than that of a district judge can be considered for appointment as the appellate authority (c) the existing procedure of acquisition of property is being modified to make it more speedy' and fair by permitting a person interested to appear before the competent, authority through an agent also and to file his objections within a period of twenty-one days of the publication of the substance of notice under section 7; by requiring the competent authority to invite claims of persons interested by public notice and to take possession of the property acquired only after the amount payable therefor is deposited by the central government, within the time fixed by the competent authority; and by making the orders of the competent authority or the appellate authority determining any amount under the act, enforceable as a decree of a civil court (d) section 19 of the act relating to powen of the metro railway administration is being amended to spell out expresslythat the powers under the section can be exercised by the administration for discharging its function~ mider section 18 of the act the section is also being amended to confer on the administration the power to temporarily close any etreet, road, cable, etc (e) for ensuring the safety of any metro railway or for facilitating the construction thereof, the central government has powers under section 21 ,of the act to prohibit or regulate construction of builrlings or any work of development up to a distance of ten metres on either side of the metro alignment this limit of ten metres is being increased to twenty metres 3 the bill seeks to achieve the above objects ,  new dellii; kedar pan day rite 11th december, 1981 clause 5 of the bill seeks to amend sub-section (1) of section 11 of the metro railways (construction o(works) act, 1978 to require tht central government to deposit with the competent authority the amount payable for the acq'uisition of property or any interest therein before obtaining possession thereof clause 6 seeks to amend section 13 of the act to require the competent authority to invite by public notice published in the prescribed manner claims from all persons interested in the property to be acquired hefore determining the nmount payable for its acquisition clauses seeks to insert a new section 15a to empower the competent authority to enter upon any land etc for the purpose of performing his functions under the act and to make such enquiry, inspection, measurement and take such photographs as he may consider necessary the liability d the central government to incur the expenditure required to make the deposit of the amount payable for acquisition of pruperty etc, for publication of public notice and for performing the functions as stated above will depend upon the nature or the property which may be acquired and other connected circumstances it is not, therefore, possible to give g precise estimate of the amount involved in such acquisition it may, however, be added that s? far as the metro railway for calcutta is concerned, it will form part of the expenditure of rs 250 crores already sanctioned for that project 2 clause· 9 of the bill seeks to substitute for section 16 of the act a new section the new sedion provides for the appointment of a competent authority and fl!1 appellate authority for each metro railway even now the act contains provisions for such competent authority the provision for appellate authoritv is being made in place of the existing provisions for an arbitrator the expenditure on the pay and allowances of a competent authority and an appellate a'uthority would be of the order of r'3 40,000 and rs 60,000 per annum respectively this expen-<iitufe which is of a recurring riature will in the case of metro railway "jroject for calcutta form part of the expenditure already sanction'd for thnt project 3 the bill does not in"olve any other recurrtna or non-recurrln, ~ndtture    , , , ; ! memorandum rfgardin'g delegat~n legislattonclause 6 of the bill seeks to insert a new sub-section (2a) in section 13 of the principal act to require the competent authority to invite, by public notice, claims from all persons interested in the property to be acq"jired the manner of publication of such notice ilo left to be pres-  cribed by rules this pertains to procedure or \ detail and as such the delegation of legislative power is of a normal character  annexure extracts from the metro railways (construction of works) act, 1978(33 of 1978) - - - - - definitions 2 (1) in this act, unle9s the context otherwise requires,-- - - - - (e) "competent authority" means any person or authority authorised by the central government, by notification in the official gazette, to perform the functions of the competent authority under this act for such area as may be specified in the notification; - -  - - hearini of objection 9 (1) any person interested in the land, bu:lding, street, road or· passage may, within twenty-one days from the date of publication of the notification under sub-section (1) of section 7 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) 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 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-se(!tion (1) of section 2 of the advocates act, 1961 - - - - - power to k possessian of acquired land, etc 11 (1) subject to the provisions of section 14, where any land, building, itreet, road or passage has veosted under sub-section (2) of section 10, 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 poosession thereof to the competent authority or any person duly authorised by it in this behalf within sixty days of the" service of the notice -  - - - 13 (1) where any iand, building, street, road or passage is acquired under this act, there shall be paid an amount· which shall be determined by the competent authority - - - - - determination of amount payable for &cquilitiod 1,,< :- ~'~l'  ~ii1liid"''' __ r __ ""'~·'1!;'l"":':"-"£::';~l!i~~calhi:;(,~~·,;u:ull~'-i"_z"'l"_",,- u  j,;  ,n;" _ • ~ - ~3) l! the amount determined by the competent authority wider subsection (1) or sub-section (2) is not acceptable to either of the parties the: amount shall, on an application by either of the parties, to the arbitrator, be determined by the arbitrator  -  -  - deposit and payment of amount 14 (1) the amount determined by the competent authority under section 13 shall be deposited by the central government in such manner as may be prescribed with the competent authority before takini possession of the land, building, street, road or passage (2) as soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the ct>ntral government pay the amount to the person 'or persons entitled thereto  •• - - - 16 (1) for every metro railway the central government shall, for atbitrator the purposes of this act, appoint &3 arbitrator a person who is, or has been, or is qualified for appointment as, a judge of a high court (2) the arbitrator may, if he thinks it expedient so to do, call in his aid one or more assessors and hear the references wholly or partially with the aid of such assessors 10 of 1940 (3) subject to the provisions of this section the provisions of the arbitration act, 1940, shall apply to every arbitration under this act - - - - - powers ot metro railway administratlon  19 (1) the metro railway administration shall, for the purpose of constructing any metro railway or any other work connected therewith, have power-- - - - - (c) to open or diver~, as the case may be, any street, road, cable, trench, drain (including a sewer), channel, ditch, culvert or any other device (whether fox 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, build ing, street, road, railway or tramway; - - - - - 21 (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 otrcial gazette,-power to prohibit or regulate construction at build in, and excavation - (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 ten metres on either side of the metro alignment, as may be specified in the notification and where there i's 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 ~uch building as may be specified in the notification or to desist from making any such development and within such period a8 may be specified in the notification; - - - - - zz (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 by the -competent authority in the first instance' payment of amount tor pl'ohibition of construction, etc (2) if the amount determined by the competent authority is not acceptable to either of the parties, the amount shall, on an application by either of the parties to the arbitrator, be determined by the arbitrator - - - - - amount payable for damqe, 1"   or injury !5 (1) - - - - - - (2) if the amount determined by the competent authority under eu section (1) is not acceptable to either of the parties, the amount payale shall, on application by either of the parties to the arbintor, be etermined by the arbitrator -- -- the schedule[see section 2(h) and sub-section (1) of section 321 " - metropolitan city of calcutta  ~ i_ - - 't metro alignment -----------~  '"', ,_  ,  a billto amend the metro railways (construction of works) act 1976 '~   - ;j 