 the calcutta metro i,lallway (operation and maintenance) temporary provisions bill, 1985 billto make temporary prooisioons for the operation and maintenance of the calcutta metro railway and for matters c<mnected therewith, pending the making at regular ammgefnents for such operation and maintenance be it enacted by parliament in the thirty-fifth year of the republic of india as follows:- chapter i preliminary5 1 (1) this act may be called the calcutta metro railway (operation short and maintenance) temporary provisions act, 1985 (2) it shall be deemed to have come into force on the 22nd day of october, 1984 '(8) it aha11 apply to the metropolitan city of calcutta title, commencement and applica -tion 2 (1) in this act, unless the context otherwise requires,-10 definitions (a) "calcutta metro railway administration" or "metro railway administration" means the general manager of the metro railway appointed under section3 of the cons~ction act; (b) /~~mmiuloner"means a commissioner of the metro railway appointed under section 1ft of the construction act; " (c) "construction act" means the metro railways (construction of works) ; act, 1978; - 83 of 1978 (d) "metro railway" means such portion of the metro railway constructed in the metropolitan city of calcutta under ~e provisions of the construction act as may for the time being, be available for 5 public carrjage of passengers, and includes-(i) all land within the boundary marks indicating the limits of the land appurtenant to the metro railwayi (ii) all lines otrails, sidings, yards or branches worked over for the purposes of, or in connection with, the metro railway; 10 (iii) all stations, offices1 ventilation shafts and ducts, warehouses, workshops, manufactories, ftx~d plants and machineries, sheds, depots and other works constructed for the purpose of, or in connection with, the metro railway;  (e) "prescribed" means prescribed by rules made under this 15 act (2) all other words and expressions used herein and not defined but defined in the indian railways act, 1890, or the metro railways (com-d of 1890 truction of works) act, 1978, shall have the meanings, respectively, 83 of 1978 assigned to them in those acts 20 -  chapl'er ii the calcutl'a metro railway administration3 (1) subject to the other provisions of this act, the calcutta metro rllilway administration shall be responsible for the operation and maid-tejaadce of the metro railway i 25 « (2) the calcutta metro rail~ay administration may, ior the eftident perfol'llwlee of its functions under this act, appoint, such ofbeers and other employees as it eonsiders neeessary on such terms and conditions of seniee as may be prescribed calcutta metro railway admtdiltrauon to be respondbletorthe operatiog aud maintenance oftbe metro railway '- (1) no metro railway sdall be opened for the pu~lic carriage of 30 - passengers except with the previous san·etion of the central government (2) before giving its sanction under sub-section (1), the central government shall, after considering the report given· (wh'ether before or after the commencement of this act) by the commissioner under clause ~(a) of sub-section (2) of· section 27 of the construction act and other 35 relevant factors, satisfy itself that the metro railway can be opened without danger to the public using it  previous 1iiulcti0l1 of the ceatral gonrn· meat ~ for the apealacof metro railwll'y (3) a sanction given under this section may be either absolute or·subject to such conditions as the central government thinks necessary for the safety of the public  (4) where any sanction for the opening of the metro railway under this section is given subject to any conditions, such rauway shall not be worked or used until such conditions are fulfilled to the satisfaction of the central government  5 special provisions for the running of the metbo radwaycarriage of gooda 5 (1) no person shall, while travelling in the metro railway, carry with him any goods other than a small baggage containing personal belongings not exceeding such volume and weight as may be prescribed 10(2) where any person travels in the metro railway in contravention of the provisions of sub-section (1), he shall, notwithstanding that he holds a valid pass or ticket for any travel in such railway, be liable to be removed from the trailll by any metro railway official authorised 1:)y the  metro railway administration in this behalf or by any other person whom 15 such metro' railway official may call to his aid 6 it shall not be necessary for the metro railway administratio' 1 to reserve any compartment in any train for the exclusive use of females reservl tiqn of compartmentsfor females not necessary t (1) no person shall take or cause to be taken any dangerous or 'offensive goods ,!pon the metro railway !lo dangerous or otlensive , goods ' (2)  if any metro railway official ha~ reason to relieve that any such" goods are "contained in a package in the cuostody of any passenger, he may cause the package to be opened for the purpose of ascertaining its contents 8 (1) if in contravention of sub-section (1) of <;ection 7, a person takes !l5  or causes to be taken anv offensive /toods upon the metro railway, he shall be punishable with fine which may extend to five hundred rupees (2) if, in contravent~on of ~ub-section (1) of section 7, a person takes or causes to be taken anv dangerous goods upon the metro railway he shall b~ punish!lble with impr1sonment for a term which mav extend to 30 four years and with fine which mav extend to five thousand rupees, (1) in ad'dition to the penaltie~ specified in ~ub-sectfon "(1) or sub-pmalty for taking or causing to take offensive or dangerous goods upon the metro railway " ~ection '(2) a per~on taking or causing to he taken any offensive goods 0'1' dangerous !!ood~ upon the metro railway shall be responsible also for anv' loss i1\;ury or damage which may be caused bv rea~on of such goods  35 having been so brought upon the metro railway 9 (1) no person shall smoke in any ('ompartment or carnage of the metro railway or in any underrrroul1d mptro rahway stetfon (2) whoever contravenes the provision~ of flub-flection (n rhel1 be a punjflhable with fine which may extend to two hundred and fittv "nee!!   'r' 40 (3) !fanv t'n~on persists in 1';0 sm'lkinp-' aftpt beina' warned by anv mptro railway official to desist hi' m:w in q(hhtion to {nrumn(/' the liability mentioned in rub-section (z) be removed from the compartment or carriage hi which he is travelling (')1' from the underground 8tation at which he may be found smoking by any metro railway ofbcial authorised by the metro railway administration in this behalf 10 (1) if any person,-(a) is in a state of intoxication; or drunkenne  ar n1paance upon the metro ·railway (b) commits any nu~ance or act of indecency, or uses obscene 5 or abusive language; or (c) wilfully or without excuse interferes in any way with the comfort of any passenger, in any carriage or upon any part of the metro ral1way, he mall be punishable with fine which may extend to two hundred and fifty rupees· aa6 10 shall also be liable to forfeitlu'e of the fare which he may have paid or 'any pass or ticket which he may have obtaln8ci or purchased, or be removed from such carriage or part by any metro rauway oftlcial authorised by the metro railway administration in this behalf (2) if any metro railway official i1; in a state of intoxication while on 15 duty he sh8il be punishable with fine which may extend to two hundred  and fifty rupee!; or where the improper performanee of the duty would be likely to endanger the safety of any passenger travelling or being upon the metro railway, with imprisonment for, a term which may' extend to two years or with fine which may extend to five hundrearupees, or with 110 both  11 (i) no demonstration of any kind~hatsoever shall be held on any part of the metro railwav or other premises thereof and it shall be open to the metro railway administration to exclude from such premises any person attenninlt such demonstrations whether or not he is in possession !l5 of a pass or ticket entitling him to be in the sam premises proh1bl tkm of' demonstrationa upon the metro railway:  (2) no pf!l'snn shall paste or 1mt up any poster or write or draw anythin,! orma"ff-erin any compartment or carriage of the metro 'railway ot' any premi~efl thereof without anv lawful authoritv' and any person found en(!8eted in dninet anv such act mav be removecl from the compartment, 30 carrill!te or prpmises by any metro railway official authorised jjy the metro railw8v administration in this behalf  (3) whoever -contravenes any of the pro~ons of suosection (1) or sub-section (2) or being asked by any metro railway official to leave anv comnartmentc::lrria~e or premises refuses to do ro shall be punishable 35 \\titft imprisonment for a term which may extend to three mcnths, or with fine which may extend to five hundred rupees or with both: 12 if any passenr'er travels on the roof of a train or persists in travellinly in :lnv pal't of a train not intended for the use pf passengers or projects llny part of his body out of a train after being warned by any metro rail- 40 way official to desist he  shall be punishable with imprisonment for a term peaa1ty for travel-unac on roof, etc, ofa tram wh~h may extend to on~ month, or with fine which may extend' to fifty rupees, or with both, and shall also be liable to be removed from tm train bv anv metro railwav official authorised by the metro railway adminis~ration in this behalf 45 13 (1) if a peraon enters into or upon the metro ;railway without any lawful authority or haying entered with la;wf~l authority remains there unlawfullyand refuses to leave on being requested to do so by,any metro railway ofti(lial, he shall be punishable with imprisonment ~or a term 5 which may extend to three months, or with fine which may extend to two hundred and fifty rupees, 'or with both (2) if any person- walks on the inetro railway line without any lawful authority, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred 10 rupees, or with b~th penalty for un-!awfully enterm, orremailling upan the metro railway orwalkinl on the metre railway une 14 it any metro railway official, when on duty, endangers the safety of any passenger,-(a) by ~y rash or 'negligent act 'or omission; or ldndangerin, the safety f1f pasaengen (b) by disobeying any rule or order which such oftlclal was bound by the terms of his employment to obey, and of which he had notice, - he shall be j)unishable with imprisonment for a term which may extend to :five years, or with fine which may extend to six thousand rupees, or with both 110 15 if any metro railway official, when on duty, is entrusted with any resnonsibility connected with the nmning of a train, or any other rolting abandon mgtraln, etc, without authority, sto~k from one station or place to another statton or place, and he abandons his duty before reachin!;! such station ot' place, without authorfty or without prope:rlv handin~ over such train or rouinrr stock to another !l5 autliorised metro railway oftlcial, he shrll be tmnishable witl} imorisonmimt for a term which may extend to four vea~, itr with fine which may extend to five tliousand rupees or with both  , ," obstructing runningot trams, etc 16, if any person obstructs or eauses to be obstructed nr attemots to obstruet any train or nther rol1in~ stock unon -the metro railwrv by' squat-30 tin!;!, pick-phn!! 01' keepina without authoritv ~nv rollinl! stock on toe metro raijwav or tamoerin!! with any si'!naljine in~trllations or bv fnter-- fetin!;! with the workin~ mechanism thereof or otherwfse, he shall be liable to be remowd bv any metro railway offl('irl ruthorfsen bv the metro " l"ailwav administration in tn!s behalf ann :c;ha11 ~1~ he nunfshablp wub 35 fmpriso~ment for a term whfch mav p'!i:tpntl tn_ fonr vert's, orwfth fine which may extend to five thousanrt rupees ot" with both 1'7 '(1) where an oft'ence unvier this act lias been committed by a aomnanv evel'v nerson who at the time the offence w~o: committed, was in charlte of and was re8ponsible to, the comnanv, for flip conduct of thp 40 bt,s;ne~ of thecomoanv ~r well 38 th- !'omnrnv, ~hrll he tipemed to be jtnilhr of' th, offenp" and shrll be liable to be procf'ec1ed m'ainst and punished accordingly: 'p"ovirt"!rt thllf noi:lrin!! contllil'l~ in thillf lifuh-spptfnn roihal1 render anv snch tipt'snn li'lhle tn a~v punishment h' he tlmv~r that the ofl'pdc'e was 45 committed without hia '/mnwledq'e nr -thjlt 1,  hptl e"cerd!'led all due ~ili­ilenrp to dl'~\1imt thp ~ommission of such offence (2) notwithmandinp' anvthin!;! contained in suo-section (1) whet'p anv offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or conniv81'lce of, or is attributable to any neglect on the part of, an;v 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 lia-ble to be proceeded against and punish:d accordingly 5 explanation-for the purposes of this section,-(a) "company" means any body corporate and includes a firm or other a13sociation of individuals; and (b) "director", in relation to a finn, means a partner in the ftrm  chapter iv miscellaneous18 save as otherwise expressly provided in this act, the provisions 9 of 1890 of the indian railways act, 1890, and the rules, orders or notifications made or issued thereunder shall, so far as may be, and subject to such modifications as may be necessary, apply to the operation andmainten- is ance of the metro railway, as if such metro railway were a railway as defined under that art, and the referenres to "railway administration" and "inspector" in that act shall be construed as references to the "metro railway administration" and "commissioner" respectively appuca tion ,of act 9 of 1890 and the rules, etc, made there under to the metro railway 19 the provisions of this art or any rule made o,r any notification !lo issued thereunder shall have effect notwithstanding anvthin~ inconsistent therewith contained in any enactment other than this· act or in any instrument having ,ffect by virtue of any enactment other than this act effect of act and rules, etc, inconsis_ tent with other enactment& protection of actlolt tala!ul in good faith 20 (1) no suit prosecution or other legal proceedinlt shall lie against the cpntral gnvl't'nment the metro railwav adminhltration or any officet"!:is or other emp11')vee nf that oovemment nr the metro railwav administration for anything which is in ,~ood faith done or intended to be done under this act ' -, ,- ---, , (2) ni') suit pro",elcution or other le~al proceedinf! sh"ll lie a~ainst the ("~ntrrl gnvc,1"nml'n1 nr the m~ro railwav administration or ::iny officer or 30 other etimlovee of that g<w'j':>1"nment nr the metro railwav administration for any dama~p cau~ed cir likf'lv to be caused by anything whi<!h is in good faith done or intended to be done under this act pewerto remove c:umcuj ties 21' if any oifficultv arisp~ in l!ivin~ effect to the provisions of this adt the central government may bv oraer,'do anvthinr' not lncl')nsis~nt with 35 such provisions which appears to it to be necessary or expedient for tbe purpose of removinlt the nifficulty: provided that no such order shall h~ made after the expiry of a period of two years from the commencement of this act 22 (1) the central government may by notiftcation in tlie ofhclal 40 gazette, make rules to carry out the provisions of this act (2) in particular, and without prejudice to tbe t:tenerality of the foregol"lg power, such rules may provide fol' the following matters, namely:-fa)· the tenns and conditions of ·service of the officel'8 and: other employees of the metro railway a'dministration under wb-aection (2) 45 of section 3; ,  , " , ";~ ~: '·'-nrrw"·, , '  , :; (b) the cases in which and the extent to which the procedure specified in section 4 for the opening of the metro railway for public carriage of passengers may be dispensed with; (e)' the volume and weight of the baggage containing personal 5 belongings that may be carried by a·person while travelling in the· - metro railway; (d) any other matter which is required to be, or may be, prescribed j  (3) every rule made under this section shall be laid, as soon as may 10 be after it 1s made, before each house of parliament, while it is in session, for a total period of thirty days whi<:h may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session 1mmediately foliowing the sessic)n or the successive sessions aforesaid, both houses agree in making any modification in the rule or both 15 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 b~ without prejudice to the validity of anything previously done under that rule d (1) the calcutta metro railway (operation and maintenance) 13 of 19m go temporary provisions ordinance, 1984, is hereby repealed repeal add saving (2) notwithstanding such repeal, anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act  statement of objects and "reasonsto meet the inadequacies of the existing surface transport system 8i!1d the ever increasing demand of urban commuter traffic in calcutta, the construction of rapid transit system from dum dum to tollygunj (metro railway) is in progress in accordance with the provisions of the :metro railways (construction of works) act, 1978 (33 of 1978) two small single line stretches of the metro railway under construction from esplanade to bhowanipore and dum dum to belgachia were ready for opening to public carriage of passengers with ~ limited number of train services in october, 1984 2 as it was decided to provide interim tellef to the commuters by commissioning the above two stretches for public carriage of passengers,it was considered necessary to make temporary provisions for the operation and maintenance at the metro railway at calcutta pending the'1'!laking of regular -arrangements for such operation and maintenance accordingly, the president promulgated the calcutta metro railway (operation and maintenance) temporary provisions ordinanee, 1~84 (13' of 1984) on the 22nd october, 1984, to achieve the above object 3 the ordinance, inter aua, provided -for  the following matters, !lain:ely:- (i) the metro railway admini3tration constituted under the metro railways (construction of works) act, 1978, was entrusted with the responsibility for the operation and maintenance of the metro railway and the authority has to satisfy certain conditions before the opening of the metro railway for the public carriage of i passengers, (il) special provisions for the running of the metro railway; (iii) specified certain offences and provided for appropriate penalties therefor although these offences are also covered under the existing indian railways act 1890, higher penalties had been provided in view of the special nature of the metro railway; (iv) the provisions of the indian railways act, 1'890, were made applicable to the metro railway in respect of other matters not specifically provided for in the ordinance 4 the bill seeks to replace the aforesaid ordinance new detm; bansllal the 15th januarv, 1985 clause 3 of the bm invests the calcutta metro railway admini4itratioo wi~\~ ~pozji~ii\~ :jqr,~~~~' ~~wo~,, tm,u r~qy! ~ ~~ ~p,,,,~ o'lthe ~'~"y,,~ " v~v  ex~t\1" ~,~ ,'+~  ~j,dl~t,pi~,~ ~~ salaries and allowances of th~~~,,~~, fie,eos~: ~~~~ consul1led, cost of ~tenance ~ upkeep of ~e asse~, etc   '~ ~'l , ,  ~!\r ;~  ·~1 ~~:~·1!f  ' x)~:~ ':~i:u~~' :t",  ';j~ ~) :u 2 it is not possible af this stage to indicate precisely the expenditure that i likel'ito,,~ itf tjiiijoo  w-lr'ot into·  tlon :~il£iw  , ~t1 '  ,tk •• cdncd_,ib'uletfae  ~ ~t;'i_~'wll6dditua:e';wdlild be ~  _~bm; ttie  ~  __ dl  ed1d  ,ilbil 2'c1'ote1fmiiiuy fdi jltl1ll_~i""",oc!l~"lltrodu"i1iir wd_  ~  wlzerhimom seat1a;urof;,the·'_u,,:veampletecl ~ttamt • 4liailjill taken up for pubuc carriage,adilmcesi' ~                                         _;~ the  h ~~      ~r:;~, r~~~~ ~                         ~                            m~~                                                  -     3' 'nle bill does not involw any other expenditure whether of' a re-curring or' non-recurring nature                                                                         ~i~ { ;;:itii i:)di j:                                                                                                        ;:~~l~t:                                                                                                                    i r; i", , '' ~ r   t                   ::~                         , • \"   memorandum regarding delegated legislationclause 21 of the bill empowers the central government to zemove by order any diftlc:ulty which may arise in giving effect to the provisio!ia of the proposed legislation the said clause provides that the central goverdidejit shall· not issue such order after the expiration of a period of two years ·from the commencement of the act 2 clause 22 of the bill empowel'l the central government to make rules to carry out the provisions of the bill the matters in respect of which such rules may be m8'de, inter alia, relate to the tertna land conditions of service of the· oftlcers and other employees of the metro railway administration, the cases in which and the extentto which the procedure specifled in clause 4 for the opening of the metro railway !or public carriage of pusengers may be dispended' with, and the volume and weight of the baggage containing personal belongings that may be carried by a person while travelling in the metro railway 3 the matters in reapect of which rules diby be made are matters of procedure and administrative detail it is, theretore, not practicable to provide for them in the bill itself 4 the delegation of legislative power il1cluded in the above provisions is therefore normal in character apart from changes of a formal, drafting or consequential· nature, the bul contains the following modiftcation:-clause 21 of,the bill empowers the central govemment to remove by order any difficulty which may arise in givulg e1!ect to i;:,'" the provisions of the proposed legislation a provibo is being 'a'dded to the said clause to the effect that the central government shall not isijue any such order after the expiration of a period of two ye&1'l from the commencement of the legislation  ,r;'  i ~   a bnlto make temporary provisions for the operation and maintenance of the calcutta metro railway and fdr matters connected therewith pending the making of regular arrangements for such operation add maintenance  , ~~ a (shrt biim ~ minuter of rciikciav) 