the metro railways (construction of works) bill, 1978 (to be/as introducedj:n wl\ sabha) 1 page 3, line 20;-ill "such" ~ "every" 2 page 6, lines 1 and 2,-, 12!:_ it ehalf" re ad tlbehajf" 3 page 8,-in the marginal heading to cl3llse 17,-!<2!: "l&cqujstiontl ~ "acquis1 tion tt 4 p'lge 8, line :p,-leo!: "wo rds " ~ ad "\'10 rk s " 5 page 15,-in the marginal heading to cl8use  38,-£q!: "companiese" re ad "companies" 6 page 22, line 5 from bottom,-!2r "store-water" ~ "starn-water" 7 page 22, line ,from bottom,-!£!: ''pipe - wa te r" ~ ''pi pc, wire " new deliu· ,  bill no 87 of 1978 the metro railways (construction of works) bill, 18'11 arrangement of clauses ch:apter i preliminaryclat7res 1 short title, commencement and application 2 definitions  chapter n m2tiio railway aamimstrn'ion 3 general manager4 constitution of advisory board ~ committees  chapter iiiacquismon 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 rijlht to enter into the land whete right of user, etc, is vested id the central government ]3 determination of amount payable for acquisition 14 deposit and payment of amount ] 5 competent authority to have certain powets of civil court 16 arbitrator 17 land acquisition act 1 of 1894 not to apply  chapter iv construction of works18 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 add excavation 22 payment of amount for prohibition of construction, etc 23 power to underpin building or otherwise strengthen it 24 power to enter, etc  clauses25 amount payable for damage, loss or injury 26 right to claim for damages  chapter v inspilction 01' metro railway27 appointment and duties of commissioner 28 powers of commissioners 29 facilities to be afforded to commissioner  chapter vi miscellaneous30 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 sectjaa 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 enactmeata 41 protection of action taken in good faith 42 power to remove difficulties 43 app1icatio~ of the indian railways act, 1890 44 power to make rules 45 saving the schedule  billto provi~e 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: - chapter i preliminary~ 1 (1) this act may be called the metro railways (construction 01 short works) act, 1978 tiue, (2) it shall come into force on such date as the central government may by notification in the official gazette, appoint, commenef ment and applicatkln (3) it applies in the first instance to the metropolitan city of calcutta; and the central government may, by notification in the official gazette, 10 declare that this act shall also apply to such other metropolitan city and with effect from such date as may be specified in that notification and thereupon the prqvisions of this act shall apply to that city accordingly 2 (1) in this act, unless the context otherwise requires,-definition!' (a) "advisory board" m~ans the advisory board constituted is under section 4; (b) "arbitrator" means the arbitrator appointed under section 16; (c) "building" means a house, outhouse, stable, latrine, urjnal, shed, hut or wall or any other structure or erection, whether of masonry: bricks, wood, mud, metal or any other material or any part 20 of a buiiding, 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 sectio!1 27; (e) "competent authority" means any person or authority autho- 5 rised by the central government, by notlflcation in the official gazette, to perform the functions of the competent authority under this aet for such area as may be specified in the dotificatlod; (f) "development" with its grammatical variations means the carrying oui of building, engineering, mining or other operations in, 10 on, over or under land 01' the making of any material change in any building or land or planting of any tree on land and includes redevelopment; (g) "lana" includes any right or interest in land; (h) "metro alignment", in relation to any metropolitan city 15 means such alignment of the metro railway as is specified in the schedule under that city and includes the metro railway; (i) "metro railway" means a metro railway or any portion thereof for the public carriage of passengers, animals or goods and includes,-20 (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, ware- 25 houses, workshops, manufactories, fixed plants and machineries, iiheds, depots and other works constructed for the purpose of, or in connection with, a metro railway; (j) "metro railway adminiiitration", in relation to any metro railway, means the general manager of that metro railway; 30 (k) "metropolitan city" means the metropolitan city of bombay, calcutta, delhi or madras; bombay aet iii ot 1888 (1) "metropolitan city of bombay" means the area covered by greater bombay as defined in the bombay municipal corporation act, 1888; 35 west ben'gal act xiv ot 1965 (m) ''metropolitan city of calcutta" means the area described under the heading "1 calcutta metropolitan district" in the schedwe to the calcutta metropolitan planning area (use and development of land) control act, 1965; (n) "metropolitan city of delhi" means the entire area ·of the 40 union territory of delhi; (0) "metropolitan city of madras" means the area covered by the city of madras as defined in the madras city munic1pal act, 1919; madras act iv ot 1919 (p) "prescribed" means prescribed by rules made under this act; 45 (q) ''rolling stock" includes locomotives, engines, carriag,s (whe-1berpowered or not), wagons, trollies and vehicles of all kinds moving or intended to move on rails; (r) hto erect", in relation to any building, inciud~ (i) aay material alteration or enlargement of sueh buildtng, (ii~ conversion, by structural alteration, into a place for human "habitation of such building not originally constructed for human 5  }jabiiation, (iii) oonversion into more than one plaoe for human habitation of such building originally constructed as one such place, (iv) conversion of two or more plaqes of human habitation in such building into a grea~r humber of such places, to (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 t of 1890 is djifined in the indian railways act, 1890, shall have the meanings, respectively, assigned to them in that act  chapter tl metro railway administrationgeneral manager so tim ceatral govemmentmay, for tltepurposes of tidb act, appoint 20 a general manager for such metro rall way 4 (1) the central government may c:onstitute an advisory board for every metro railway for the purpose of assisting or advising that government on-constitution of advisory bouc (a) the rormulation and co-ordination of plans for the developa, ment 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 ena1lr-30 lng that the functions of the metro railway administration are exercised with due regard to the circumstances or conditions prevailing in, and requirements of, the metropolitan city (2) the advisory board shall consist of such number of members (being officers of the government) not exceeding nine as may be appoint-3s ed 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 40 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 4s as may be prescribed  c6dun1ttees 5 (1) the advisory board may constitute as many committees as it deems necessary consisting wholly of members of such board or whollj 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) shan meet at ~ smch 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 wko are ndt members of the advisory board, such fees and allowances for attendance at the meetinp of the committee and such travellinl allowances as' ma, io be prescribed  chapter iii acqtjismonpower to acquire land, etc s where it appears to a metro railway administration that for tbt! construction of any metro railway or any other work connected there- 1$ with-(a) any l~nd, building, street, road or ~ge, 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 20 government in such form as may be prellcribfoo for acquiring such land, building, street, road or passage or such right of user or easement publication ot notlfication for acquisition 7 (1) on receipt of an application under section 6, the central government, after being satisfied that the requirement mentioned therein is for a public purpuse, may, by notification in the official gazette, declare 2, 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-~tion (1) shall give a brief description of the land, building, street, road or passage 30 (3) the competent authority shall cause the substance of the notifi-(~ation to b~ published in such places and in such manner as may be prescribed - power to enter for survey, etc 8 on the issue of a notification under sub-section (1) of section 7, it shall be lawful for the metro railway administrationot any officer or 35 other employee of the metro railway-(a) to enter upon and survey and 'take level of the land, buildtng, street, road or passage specified in the notification; (b) to dig or oore into the 'sub-soil; (c) to set out the intended work; 40 (d) to mark such levels, boundaries or lines by placing marks and cutting trenches; ,() 'to do all other acts necessary to ascertain whether, ute mem railway can be laid qpon or under the land, building, street, road of passage, as the case may be: provided that while exercising any power unde;-this section the s metro railway administration or such officer or other employee shall cause as little damage or injury as possible to 9uch land, building, street, road or passage, as the case may be hearin of objeoo tion •• (1) any person interested in the land, building, street, road or passage may, within twenty-one days from ,the date of publication of the 10 notification under sub-section (1) of section 7 object to the construction of the metro railway or any other work connec~e:l 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 gronnds 'thereof and the 15 competent authority shall give ,~he objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing aj lsuch objections and after making such further enquiry, if any, as the competent authority thinks 'necessary, by order, either allow or disallow the objections declaration of acquisitiod 25 of 1961 20 e:rplanotion-for the purposes of this sub-section "legal practitioner" has the same meaning as in clause ·(i) of sub-sectior (1) of section 2 of the advocates act, 1961 (3) any order made by the competent authority under sub-section (2) shall be final 25 10 (1) where no objection under sub-section (1) of section 9 has been made to th~ competent authority within the period specified therein or where the com~tcnt au'thority 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 30 receipt of such report, the centr;}l governmen~ 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 3s 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 (3) where in respect of any land, building, street, road or passage, a notification has been published undersub-seo~ion (1) of section 7 either 4') 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 nl)tific3ltion, the '!;aid notification shall cease to have any effect 4s (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 (1) subject to the prov'isions of section 14, where nnv land, building, street, road or passage has vested under sub-section (2) of section so 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 possession thereof to power to take possession ot acquired lane!, etc the competent authority or any person duly authorised by it in: this tjehalf 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 (h, the competent authority shall apply,-(4) in the case of any land, building, street, road or pusage s situated in any area falling within the presidency-town of bombay, calcutta or madras, to the commissioner of police; (b) in the case of any land, building, street, road or passap  situated in any area other than the area referred to in clause (4), to the executive magistrate, 10 and such commissioner or magistrate, as the case may be, shall en10ree the surrender of the land, building, street, road or passage to the colnpetent authority or to the person duly authorised by it 12 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 is 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 30 luiht to enter into the land where riiht of user, etc, is vested in the central government 13 (1) where any land, building, street, road or passage is acquired under this act, there shall be paid an amount which shall be determined by the competent authority detennination uf amount payable for acquisition (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 25 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 30 passage , (3) if the amount determined by the competent authority under 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 8jrbitrator· 3s (4) the competent authority or the arbitrator while determinin~ the amount under sub-section (1) or sub-section (3), as the case may be, shall take into consideration-(4) the market value of the land, building, street, road or passage on the date of publication of the notification under sectton 7; 40 (b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severin, of wch 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; 5 (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 (1) the amount determined by the competent authority under deposit and payment ot amount, 10 section la shall be deposited by the central government in such manner 8s may be prescribed with the competent authority before taking 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 central is government pay the amount to the person or persons entitled thereto (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 20 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 co01rt of original jurisdiction within the limits of whose jurisdiction the land, building, street, road or passage is situated (5) where the amount determined under section 13 by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator 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 30 (6) where the' amount determined by the arbitrator is in exen 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 sucb m8nner as may be prescribed with the competent authority and the provisions of !'iubeetions 35 (2) to (4) shall apply to such deposit 15 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 - of 1908 civil procedure, 1908, in respect (f the following matters, namely:-competent authority to have certain powers of civil court (a) summoning and enforcing the attendance of any person and 40 examining him on oath; (b) requiring ,he discoverv and production of any document; (c) reception 1i t p~c1edce on aftic \vits; (d) requisitioning any public rec,rd from any court or offtce; 4~ (e) issuing cod1lllission for examin  tion of witnessee t\rhitrator 18 • (1) for every metro railway the central government shall, for the purposes of this act, appoint as 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 par-s tially with the aid of such assessors (1) subject to the provisions of this section the provisi()ns of the arbitration act, 1940, shall apply to every arbitration under this act 10 of 1940 1'7 nothing in the land acquisition act, 1894, shall apply to an acquisition under this act 10  chapter ivland acqu19tion act 1 of 1694 not' to apply  construction of works18 subject to the control of the central government, the metro railway administra!ion shall, for thc' purpose of constructing any metro railway or any other work connected therewith,-is functions of metro railway administra-uoa (a) make or construrt in, upon, across, under or over any lands, buildings, streets, roads, railwavf or tramways or any rivers, canals, brooks, streams or other waters or any drains, water-pipes, gas- pipes, electric iinc's or telegraph lincs, such temporary or permanent inc;lined plancs, arches, tunnels, culverts, ildlbankmcnts, aqueducts, 20 bridges, ways or passages, as thc mctro railway administration, thinks proper; (b) alter the course of any rivers, canals, brooks, streams or water-courses for the purposc of constructing tunnels, passages or other works over or und?r them and divert or alter as well tem- 2s porarily as pennanenlly, 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 ill order the more conveniently to carry them over or undcr, as the metro railway administration thinks propet'; 30 (c) make drains or conduits into, through or under, any lands adjoining the ,metro railway for the purpose of convcying water from or to the mctro railway; ( d) erect or construct such houses, warehouses, oftlces and other buildings and such yards, stations, engineos, machinery, appa- 3s ratus and other words and conveniences, as the metro railway admini  tration thinks proper; (e) alter, repair or discontinue such buildings, works and convenienct's a  a(ore  aid or any of them, and substitute othe  s 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, malntalnlnt, altering or repalrlng and using the metro railway 19 (1) the metro railway administration shall, for the purpose of eoll8tructing any metro railway or any other work connected therewith, have power-powers ,f metro railway administration (a) to enter into contl'aets and leases and to execute all matru-5 menta necessary therefor; (b) to make such number of rall tracks as the central government may think necessary upon, under, along or across any land, cual, river, street or road on or in the metro alignment and all other works and conveniences in connection therewith; 10 15 (c) to open or divert, as the case may be, any street, toad, cable, trench, drain (including a sewer), channel, ditch, culvert or any other device (whether for carrying of sullage, sewage, oftensive matter, polluted water, trade emuent, r,ain 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, buud-in" street, road, railway or tramway; (d) to burrow tunnels; (e) to lay down signalling and other communication faculties, electric sub-stations, supply liues and other works; 20 (1) 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 (2) while exercising auy powers under sub-section (1), the metro 25 railway administration shall take such precautionary measures as are necessary, shah do as lathe damage as possible wld shall be liable only' for the damage or cost actuauy suffered or incurred by any person as a result of the exercise of such powers development over metroauanment 20 (1) any person who proposes to develop any land or building 30 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 35 respect thereof (2) the metro railway administration shall, while imposing any condition under sub-section (1), have regard to-(4) the safety of the metro railway; (b) such other matters as may be p~escribed 21 (1) if the central government is of opinion that it is necessary or 40 expedient so to do for wlcilitating the construction of any metro railway or for ensuring the safety of any metro railway, it may, by notiftcation in the o8lciaj gazette,~ power to prohibit or regulate construc_ tion of buildings and excavation (a) direct that no building or any such development as may be pecified 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 is any building on such land also direct the ownel' of, or the person having control over, such building to demolish such building or _ to make such additions or alterations to s 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 10 posseuion of such persons from &oy building situated above the metro ali,ddlent 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, is 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 20 any alternative accommodation under the proviso to clause (b) of subsection (1), such prop~rty shall be deemed to be needed for a public purpose under section 3 of the requisitioning and acquisition of immovable property act, 1952, and the competent authority under that act shall 30ol11l1' ret{uisition the property in accordance with the provisions of that act and 25 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 10-(a) the nature and the requirement of the metro railway; (b) the safety of the building; 30 (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, 3s 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 t-o such owner or person; or (ii) if it cannot be delivered or tendered, by delivering or tender- 41) ing it to the agent of such owner or person or any adult male medj,ber of the family of such owner or person or by affixing a copy thereof ad 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 45 means; (iii) by pg81 (5) every person shall be bound to comply with any direction conlaided in any notification issued under sub-section (1) 22 (1) if in consequence of any direction contained in any notification issued under sub-section (1) of section 2l any person sustains any loss or 5 __ e, such person shan be paid an amount which shall be determiued by the competent authority in the first instance payment of amount for prohibition ot 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 partiel to the arbitrator, be determined by the arbitrator 10 (3) the competent authority or the arbitrator, while determining the amount under sub-section (1) or sub-section (2), as the case may be, shall take ibto consideration-(i) tbe loss er damage sustained by such person in his earnings; is (ii) the diminution, if any, of the market value of tbe land or buildin, immediately after the date of publication of such notification; 20 (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 makin& such development and the expenses incurred by such person for such demolition or additions or alterations: 2s 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 (1) if the metro railway administration is of opinion that it is necessary or expedient so to do for facilitating the coditruetion 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 power to underpin building or otherwise ,tren gthen it 3s (2) the metro railway administration shall give to the owner ~r occupier of such building at least ten days notice in writing before undertaking the work of underpinning or otherwise strengthening the buuding: provided that where the metro railway administration is satisfied that 40 an emergency exists, no such notice shall be necessary (3) where tbe 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, t~e metro railway administration may, at any time after the underpinnmg or strengt~ening of such building is completed and before the expirabon of a period of twelve months,-(i) in a case referred to in clause (a), from the completion oil 5 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 10 power to enter etc 24 (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 administratio!1 or any person authorised by that administration mny, at any reasunable hour in the day time and after giving reasonable 15 notice to the owner or occupier of such land or building, enter upon or mto 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 20 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 !1je vicinity of the metro alignment; (c) take such other measures as the said administration deemll necessary and proper 25 (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 30 be required to carry out to meet any particular situation for carrying out the purposes of this act (3) if any difterence or dispute arises between the metro railway administration and the person or body of persons referred to in sl,ib-section (2) in relation to any such alterations or the cost thereof, sucb 35 difterence or dispute shall be determined by the central government in consultation (wherever necessary) witb the state government and tbe decision of the central government in this regard shall not be- called in question in any court 25 (1) where the metro railway administration exercises any power 40 conferred on it by or undet this act and in consequence thereof any damage, loss or injury is sustained by any person interested in any land, bullding, street, road or passage, the metro railway administration shall be limbic to pay to such person for such damage, loss or injury luch amount as may be determined by the competent authority 45 amount payable for damage, loss or inlul'1· (2) if the amount determined by the competent authority under sub-metion (1) is not acceptable to either of the parties, the amount payable "all, on application by either of the parties to the arbitrator, be detel'-ldiued by the arbitrator (3) the competent authority or the- arbitrator while determining the amount under sub-section (1) or sub-seetion (2), as the case may be, shall 5 have due regard to the damage, los~ or injury sustained by any person interested in  the land, building, street, road or passage by reason of-(i) the remcval of trees or standing crops, if any; (ii) the temporary severance of the land, buudlng, street, road or passage; 10 (iii) any injury to any other property whether movable or immovable right to claim for damages 26 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 uncler this act shall lie against the is 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 railway20 27 (1) the central government may appoint as many persons as it thinks fit by name or by virtue of their office to be commi~sioners of metro railway (2) every commissioner shali-appointment and duties of commissioner 25 (a) inspect the metro railway wfth 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 a~ the central government may direct; 30 (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 fol'ce relating to railways or required by the central government 28 subject to the control of the central government everycommis-powers sioner shall have the powerof com-  35 mis-(a) to enter upon and inspect any metro rahway or any rolling sioners stock used thereon; (b) to make any inquiry 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 inquiries as he thinks fit to make, frotn such officer or other employee or from the said administration j 4s (d) to require the production of any book or other doeummts 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 28 every metro railway administration shall aftord to every conuni8- 5 sioner all reasonable facilities for performing the duties or exercising the powers imposed or conferred upon him by or under this act  chapter vi!'acuities to be afforded to commissioner  miscellaneous30 every metro railway administration may, with the previous appro- 10 val 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 lcnger requi,red for the purposes of the metro railway surplus land to be sold or otherwise disposed of notice of accidents and enquiries 31 (1) if any acciden~ occurs during the construction of any metro railway or at any stage subsequent thereto as a consequence of such is construction and the accident results in, or is likely to have resulted in, loss of human being or animail or damage to any property, it shall be the duty of 'the meo~ro railway administration to give notice to the central gov~rnment of the occurrence of any such loss or damage in such form and withjn such time as may be prescrihed 20 (2) on receipt of a notice undet sub-section (1), the central government may, if it thinks fit, appoint a commission to enquire into the accident and report a!l to--(a) the cause of such accident; (b) the manner in which and the extent to which the l'rovhlons 25 of this act or any other act for the time being in force in 10 far as those provhions 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 po~rs of a civil court wh11e trying a suit 30 under the code of civil procedure, 1900, in respect of the following mat-5 of 19011 ters, namely:-(a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery or' production of any document: 3s (c) reception of evidence on afftdavits; (d) requisi'~ioning any public record from any court or office; (e) issuing ('ommission for examination of witnesses 32 (1) the central government may, by notificaiion in the official gazette,-power to alter the entries in the schedule (0) add to the schedule the metro augnment in respect of a metropolitan city to which this act is made applicable under subsection (3) of section 1 (b) alter any metro alignment specifted in the schedule if it fa of opinion that such alteration is neca;sary for the construction and maintenan~ of !the metro railway to which such alignment relates (2) every notifi'cation issued under sub-section (1) shall, as soon as s may be after it is issued, be laid before each house of parliament prohibi tion of obstruction 33 no person shall, without any reasonable cause or excuse, obstruct any person with whom the metro railway administration has entered tnto a contract, in the performance or execution by such person of such contract local author!-ties to as-sist 10 34 every local authority shalll 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 oocumen'ts as may be necessary for the is discharge of such functions 35 no pierson shall remove any marks placed or fill up any trench cut prohibifor the purpose of marking levels, boundaries or lines by the metro railtion of way administration removal ot marks 36 (1) if any person wilfully fails to comply with any direction contained in any notification issued under section 21, he shall be punished with 20 imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both penalty for failure to comply with' directjonl issued under section 21 (2) without prejudice to the provisions of sub-section (1), if any person fails to demolish any building or make additions or alterations 2s 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 ll'&i1way administration in this behalf to demolish such building or make necessary 30 additions or alterations thereto 37 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 3s may extend to five hundred rupees, or with both general provision for punishment ot offences oftencea by co~­paniese 3& (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 40 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 4s diligence to prevent the commission of such ofte!nce (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 wtth 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, s i18c:f8tary or other officer shall be deemed to be guilty of that offence and u be liable 1:b be proceeded aaainst and punished accordingly ' ezp14nation-for the purposes of this section,-(a) "company" means any body corporate and includes a firm or 10 other association of individuals; and (b) codirector", in relation to a firm, means a partner in the firm  bar of jurisdiction • no suit or application for injunction shall lie in any court against the centrai 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 administra- 15 uon, in respect of any work done or purported to have been done or intended to be done by it or the said admintstration 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 the provisions of this act or any rule made or any notification 20 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 tms act effect of act and rule, etc •• id-conaiatent with other enact-menu protectionot action taken in good faith g (1) no suit, prosecution or other legal proceeding shall lie against the central government, the metro railway administration or any officer 25 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 (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 30 any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act g 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 35 ~he pufpose of removing the diftlculty: 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 -,a$av-e as otherwise provided in this act, the provisions ot this act li~be in addition to, and not in derogation of, the indian,~w~ys"t~~ i} of 1890 application-of the in· dian railways act, 1890 44 (1) the central government may, by notification in the ofilcial s gazette, make rules to carry out the pur poses of this act power to make rules (2) in particular and without prejudice to the generality of the roregoing power, such rules may provide for the following matteril namely:-10 (a) the times and places at which the advisory board shall meet and the procedure in regard to transaction of busine9s by the advisory board under sub-section (5) of section 4; (b) the term of oftice of the members of the advisory board under sub-section (6) of section 4; is (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; 20 (f) the places at which and the manner in which the substance of the notification shall be published under sub-section (3) of sectl0 7; '~,~ (g) the manner in which the amount shall be deposited with 25 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; 30 (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 3s be after it is made, before each house of parliament while it is in sess~on fora total period of thirty days which may ~ comprised in ode session or m ~wo or more successive ses'sions, 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 40 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 modifica_tion or annulment shall , be without prejudice to the validity of anything previously done under - that rule vtnj 45 notwithstanding anythi11g contained in this act aby prdceed1n;, for the acquisition of any land, under the land acquisition act, 1894 f~ 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 a's if this act had not come into s force - the schedule[see section 2(h) and sub-section (1) of section 32] metropolitan city of calc1rrra to meet the inadequacie,s of the existing surface transport system and me ever increasing demand of urban commuter traffic in calcutta, the idea of introducing the mass rapid transit system, popularly known as , metro railway, has been considered to be, the only solution, and, accordingly, the constt'uction work has been started the methods of construction of an underground metro railway are by cut and cover 01' by burrowing tunnels the metro alignment will pass mainly undejl" public roads although, in some portion, the alignment will pass under private properties stations and other ancillary works connected with the construction of the metro railway will be located in public streets or in road side private premises the epc:ecution of the project in the affected zones necessarily entails road diversions, closure of all vehicular and pede,;trian traffic, and diversion and relocation in a planned manner of va,rious public utility servic,'; maintained by sundry authorities build;ng and rebuilding operations in the proximate vicinity of a metro railway are also required to be regulated so that such activi~ do not jeopardise or endanger the metro railway, tllnnels, alignments and other allied installations further more, in constructing th~ metro railway, whether by tunnelling or by the cut and cover method, it may" be that a certain amount of ground settlemeat occurs requiring, in particular cases, underpinning or strengthening of cer~ain old and dilapidated buildings or, in extreme cases, compulsory evacuation of people from the affected buildings for a temporary period under section 7 of the indian railways act, 1890, no railway construction is permissibl~ in case of immoveable property not belonging to the railway administration unless the same is acquired under the law for the time being in force for acquisition of land although land can be acquit-ed outright for construction of the metro railway and other incidental works under the land acquisition act, 1894, thq procedure for such acquisition is long-drawn and costly since the metro alignment will pass mainly under public land and at places under private properties, acquisitien of mere right of user in the land, building, street, road or passage would mostly be: sufficient for the purpose of construction of the metro railway or other works connected therewith without acqui!'ing greater interest in such land, building, etc further, from the initiation of the land acquisition proceedings right up to their culmination by taking of possession, the whole proc~s involves a time consuming and long-drawn procedure which does not seem to afford or ensure quick completion of acquisition the present bill confers necessary enabling powers on th~ central government for carrying out the aforesaid purposes the bill provides a speedy and adequate proc~ure for the acquisition of lands, buildings, streets, roads or passage or the right of user in, or the right in the nature of easement on, such building, land, etc, by the central governm£!l1t to the exclusion of the land acquisition act, 1894; adequate provision has been made for the consideration of any objec-tion that may be made!! by any person interested in the land, buildin& road, street, etc, and for payment of an amount for the aforesaid acquisition the other main features of the bill are-(i) appointment of a commissioner of metro railway for the purpose of the inapey::tion of the metro railway and for such 'othe!' ·dlltlel and powers as may be imposed or conferred \lponhim; (ii) constitution of advisory boards for aiding and advising the ceptral government in the matter of f9rmulation and co-ordination of plans in the development of metro railway; (iii) appointment of compe,tent authorities or arbitrators for settling disputes as may be referred to such authorities or arbitraton under the provisions of the bill the proposed bill seeks to achieve the above objects new delln; madhu dandavate the 18th april, 1978 clause 2(1) (e) of the bill empowers the central government to au~ rise any person or authority to perform the functions of competent authority under the bill this will involve an expenditure on the pay and auowances of the' competent authority the expenditure in tlt  coaneotion is likely to be of the order of rs 40,000 per annum clause 3 of the bill requires the central government to appoint a general manager for every metro railway this will involve an expenditure on the pay and allowances of the general manager a metro railway has been sanctioned at present only for calcutta and a gen~ral manager is already in position the expenditure in this connection is likely to be of the or-der of rs 45,000 per annum (at the maximum of the scale) clause 4 of the bill requires the central government to constitute an advisory board for every metro railway as the members of the advisory board will be officers of the government no exj)enditure on this account is anticipated however, under clause 5 of the bill the advtbtll'y board may constitute committees and in terms of clause 5 (3) the members of the committee who are not members of the advieory board are e-t1titled to fees, daily and travellin'g allowances for attendance at the meetings such penditure is likely to be of the order of rs 50,000 pel' , , annum clause 14 of the bill provides for the amount determined by the coll1-petent authority under clause 13 in the event o,f acquisition of land, etc, being deposited by the central government with the competent authority sub-clauses (5) and (6) of this clause also provide for award and payment of interest on any excess amount that may be determined by the compettmt authority over and above the amount determined by the arbitrator as the central government's liability will depend upon the land, ek, acqufred, it is not possible to give a precise estimate of the amount involved in such acq\lisition clause 16(1) of the bill provides for appointment of arbitrator the appointment of arbitrator will involve an expenditure on the pay and allowances of th~ incumbent such expenditure is likely to be of the ot'der of rs 80,000 per annum clause 18 of the sill lists the ~unction (if the metro railway administration !illis incllllcies besides c~nstrqction of the metro railway all other appupmant wor-ks like diversion of drains, water-pipes, gas-pipes, etc, ~r:uqtion of houses, atrctsll, etc this will involve expenditure to the government it 1& not poss~ble to give a precise estimate of the amount that may be involved in such c(lllstructiqn it may ~ however, added 'that the metro l'8ilwav alraa<ty sanctioned for calcutta is estimated to 'ior- -';"" · l,1ause 19 of the bill ~ea1s with the powers of the metro rauway administratlon the exerclse, of such powers will involve expenditure to the government a precise estimate of the extent of expenditure involves in the exercise of such powers cannot be made out as mentioned elsewhere the metro rahway construction for "calcutta is estimated to cost rb 250 crores clause 21 (1) (b) provides for a directive being issued for temporary evacuationftom any building situated above the metro alignment in that event  it is necessary far the metro railway administration to provide temporary alternative accommodation or pay an amount sufficient to pro-cure a temporary alternative accommr:dation proviaion of temporary alternative accommodation or the payment in lieu thereof will involve an expenditure, a precire estimate of which cannot be given at this stage   '" 'r clause 22 of the bill provides for the payment of an amount for the prohibition or the regulation of construction of buildings and excavations within a specified distance of the metro railway this clause also provides for the matter being tak~n up to the arhitrator if the amount determined by the compt'ltent authority is not acceptahle to either of the parties the amount involved will depend upon the prohibition or regulation notified for the purpose it is not possible to give a precise estimate oftha amount that may be!) involved in making such payments clause 23(1) of the bill provides for underpinning or otherwise ~~rengthening any building within a 50 metre radius of the metro alignment for facilitating the constniction of any metro railway or for ensurfng the safety of metro railway such underpinning anod/or strengthening will involve an expenditure, a precise estimate of which cannot be given clause 24 (2) confers power on the metro rahway administration to request while carrying out the purposes of this bill nny p('rbon to carry out alterations to any sewer, storm~water drain pipe wire or cahle at the cost of the metro railway administration clause 24 (3) provid~ for the settlement of any difference or dispute about the alterations oil" the cort thereof it is not possible to give the precise estimate of the amount thl'lt may be involved in so bearing the cost (\,f any alteration under clause 24 (2) or as may be decided by the central government under clause 24(3~ clause 25 of the bfll provides for the paymentof an amount,for ,fi,ny dllmage loss or inj1l'l'y sustained by anv person interested in any land or building as a result (\f the metro rri1wav administration enterin'l! into such land or building to explore and check up the foundation of any build  tnll in ,the vicinitv ot metro tl'lilwav ::llhmment bv dij!~nf' trlal"'i:>its or otherwise or in requesting rnv person or body of persons to carr" out any 1llt~r8ti0ll to anv sewera\:!e store-water drain pine-water or cabje; etc  to mpe>t any particull\f, situatil)n for ca1'tvtn~ out the  put'ool'lc of this act rllch prvment will involve an e"xpenditu~ to the govt>mment th~ extent nf wh;ch will depf'nd upon the fs('ts and circumrtanceg; rif'f'!m!'b chiie a nrf'dse pstimat~ of the amount ;nvol~ed cannot be given clause 27 ot the bill provides for the appointment of comrnlssloners af metro railway for the purpose of inspection of the metro railway -  such appointment will involve an expenditure to the government on account of pay and allowances to the commissioner appointed such expenditure is likely to be of the order of rs 40,000 per annum per commissioner clau~ 31 of the ~ill deals with the accidents that may occur during constjnjction of m~tro railway or at any stage thereafter and provicies for the appointment of a commission of enquiry to enquire into the accident any such appointment of a commission will involve an expenditure to the governmen~ on the pay, t~avquing, da~ly apd other allowances to the mem~r or members qf the commission as may be so appbinted the appointment of such a commission will arise only in the event of an acciqent occ~rring a pfec~se esti~ate of the exwn<ijture involved cannot pfit givep the bill does not involve any other recurring or non-recurring expenditure , clause 32 of the bill empowers the central governm~t to add to the schedule the metro alignment in respect of a metropolitan city to which the legislation applies it is not possible to visualizq at this stage the exact alignment of the metro railway in the metropolitan cities, other than calcutta this clause also gives power to the central government to alte, any metrq alignment specified in the sclredule, 'if ttts of opinion that such alterlltion is necessary for the construction and maintenance of the metro railway to which such alignment relates: -  , ~ j ~ ~" !!  ! ) 2 clause 42 of the bill empowers the central government to provide, by order, published in the official gazette, for the removal of difficulties that may arise in giving effect to th~ provisions of the bill 3 clause 44 of the bill empowers the central government to make rules to carry out the purposes of the bill when enacted 'i'hq matters in respect of which such rules may be made, inter alia, relate to the times and places at which the adviso!'y board shall meet and the procedure in regard to transaction of business by the advisory board; the term of office of the members of the advisory board; the times and places at which the committees shall m~ and the procedure in regard to transaction of business by the committees; the payment of fees, allowances and travelling allowances to members of the committeq; the fo!"m in which the application for acquisition under clause 6 shall be made; and the manner in which the amount shall be deposited with competent authority 4 th~ above matters relate to procedure and administrative detans and it is not practicable to provide them in the bill itself the delegation of legislative power is, therefore, of a no!"mal character  a billto provide for the construction of works relating to metro rawways in the metropolitan cities and for mattem connected therewith (pfoo1 ii""tii dm4icawte jlitulter aj rcrhdofi •• ) 