An Act of Central Government, which was enacted with the short title as ‘The Calcutta Metro Railway (Operation and Maintenance) Temporary Provisions Act, 1985’ (Act no. 10 of 1958) is provided for making temporary provisions for the operation and maintenance of the Calcutta based Metro Railway as there was pending the regular arrangements for aforesaid maintenance. The Present Act was enacted in the 35th year of republic of India and the same has received the assent of President of India on 16th day of February, 1985. The applicability of the Act was extended to the Metropolitan City of Calcutta and the provisions thereof were sought to give effect, with effect from 22nd day of October, 1984 i.e. retrospectively. The enactment provides for aforesaid purpose under its provisions which were initially divided into four important chapters 23 sections therein. And the first chapter of the Act is making preliminary provisions, specifying short title, commencement and the applicability of the Act as aforesaid and also provides for certain important definitions of the terms used in the various provisions of the Act.
The most revenant provisions, insofar as the purpose of the Act is concerned, are contained under second chapter of the Act, where the ‘Calcutta Metro Railway administration’ i.e. the General Manager of the Calcutta Metro Railway, is made responsible for the purpose of operation and maintenance of the City’s Metro Railway which was constructed within the provisions of the Calcutta Metro Railways (Construction of Works) Act 1978 (Act no. 33 of 1978. Further such Metro Railway administration can appoint several necessary officers, employees for the efficient performance of its functions under this Act.
Moreover, the Act provides for other important provisions like provisions as to opening of Metro Railway, etc. It is required that there should be a prior permission and sanction from the Central Government for opening Metro railway for the public carriage of passengers. However, for permitting or sanctioning such opening of Metro railway, the Central Government is required to first consider the Report under section 27 of the Act of 1978 submitted by the Commissioner who was appointed under that Act and after satisfying with the such Metro railway can be opened for the public purposes then such sanction can be accorded by it either absolutely or with necessary conditions.
Next chapter being Chapter III of the Act makes special provisions as to running of the said Metro Railway. It is made clear that persons travelling in the Metro Railway should only carry small baggage, containing personal belongings and this should not exceed the prescribed volume and weight. And breaching this provision will entail his removal from the train, by the Metro Railway officials. It is also made clear that the reservation of the compartments for female human being is not necessarily to be done by the Metro railway administration. Passengers are prohibited from taking any dangerous or offensive goods with them in the Metro railway and failure to this will be penal liability, such as for taking any offensive goods, punishment is in the form of fine which is maximum here is 500 rupees and taking any dangerous goods, the punishable will be with imprisonment which is maximum here for term extending to four years and also with aforesaid fine, and additionally there will be responsibility to any loss, injury or damage, etc. due to as such. Further, the Act sought to make smoking by a passenger in the compartment or carriage of Metro Railway or even at the underground stations, is an offence punishable with maximum provided fine up to 250 rupees and also such persons can also be removed from the compartment. Similarly, persons under drunken state or causing nuisance in the Metro railway are also offences under this Act and will be punished with fine which can be up to 250 rupees. Not only this, but any such railway officer, if is found in the state of intoxication while on duty then he will also be punished under this Act. Further, holding demonstration of any kind on Metro railway, pasting or putting up any poster or writing or drawing, etc. any matter in the compartment of Metro railway is prohibited under this Act and failure to obey this provision will also entail penal responsibilities. Further, travelling on roof of the Train is also punitive under this Act. Also entering into the Metro railway without any lawful authority and remaining their and also walking on the Metro railway line are also punitive under this Act. So far as penal provisions against the acts of the metro railway officials are concerned the section 14 provides that if any such official while on duty is endangering the safety of any passenger either by any rash or negligent act or by any disobedience as to any rule or order, etc. then such officials to be punished with imprisonment for a term maximum is 5 years, or there will be fine up to 6000 rupees or both. Further there are other penal provisions given under the subsequent provisions of the Act.
Finally, the last chapter is containing the miscellaneous provisions under the Act and where specifically the Act sought to make applicability of the provisions of the Indian Railways Act, 1890 (Act no. 9 of 1890) and all rules, orders, etc. made under that law, to the operation and maintenance of the Metro Railway with necessary modifications. However, any provisions of any law if contains contrary to the provisions of this Act, then such provisions of this Act will only have application and effect. Act, further, sought to protect the Central Government, Metro Railway administration and other officer and employees of Central Government against the legal actions in relation to their acts which if have done in good faith and intended to do under the provisions of this Act. The Central Government is vested with the power to provide for order removing difficulties which if arise while effecting the provisions of this Act. Moreover, the Central Government is against empowered to make rules under this Act on the given topics and especially for carrying out the provisions of this present Act. At last, it is provided that the ordinance being ‘The Calcutta Metro Railway (Operation and Maintenance) Temporary Provisions Ordinance, 1984’ is repealed, without affecting any actions which were taken in pursuance thereof.
Read the Bare Act: The Calcutta Metro Railway (Operation and Maintenance) Temporary Provisions Act 1985
