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Metro Railways (Construction of Works) Act, 1978 Complete Act

Title: Metro Railways (Construction of Works) Act, 1978

State: Central

Year: 1978

.....Land To Be Sold Or Otherwise Disposed Of Section31 - Notice Of Accidents And Enquiries Section32 - Power To Alter The Entries In The Schedule Section33 - Prohibition Of Obstruction Section34 - Local Authorities Lo Assist Section35 - Prohibition Of Removal Of Marks Section36 - Penalty For Failure To Comply With Directions Issued Under Section 21 Section37 - General Provision For Punishment Of Offences Section38 - Offences By Companies Section39 - Bar Of Jurisdiction Section40 - Effect Of Act And Rules, Etc., Inconsistent With Other Enactments Section41 - Protection Of Action Taken In Good Faith Section42 - Power To remove Difficulties Section43 - Application Of The Indian Railways Act, 1890 Section44 - Power To Make Rules Section45 - Saving Amending ActI - METRO RAILWAYS (CONSTRUCTION OF WORKS) AMENDMENT ACT, 1987

Metro Railways (Construction of Works) Act, 1978 Chapter IV

Title: Construction of Works

State: Central

Year: 1978

.....22 - Payment Of Amount For Prohibition Of Construction, Etc. (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 determined1[by an order of the competent authority] in the first instance. (2) If the amount determined by the competent authority is not acceptable to either of the parties, the amount shall,2[on an appeal preferred by either of the parties within sixty days from the date of the order of the competent authority, to the appellate authority, be determined by an order of the appellate authority]. (3) The competent authority or the3[appellate authority] while determining the amount under sub-section (1) or sub-section (2), as the case may be, shall take into consideration-- (i) the loss or damage sustained by such person in his earnings; (ii) the diminution, if any, of the market value of the land or building immediately after the date of publication of such notification; (iii) where in pursuance of any direction any building has been demolished or any additions or alterations to such building have been made or.....

Metro Railways (Construction of Works) Act, 1978 Amending Act I

Title: Metro Railways (Construction of Works) Amendment Act, 1987

State: Central

Year: 1978

THE METRO RAILWAYS (CONSTRUCTION OF WORKS) AMENDMENT ACT, 1987 [Act, No. 42 of 1987] [9th December, 1987] PREAMBLE An Act further to amend the Metro Railways (Construction of Works) Act, 1978. BE it enacted by parliament in the Thirty-eighth Year of the Republic of India as follows:-- 1.Short title.-- This Act may be called the Metro Railways (Construction of Works) Amendment Act, 1987. 2.Amendment of section 10.-- In section 10 of the Metro Railways (Construction of Works) Act, 1978, (33 of 1978) to sub-section (3), the following proviso shall be added, namely:-- "Provided that in computing the said period of one year, the period or periods during which any action or proceeding to be taken in pursuance of the notification issued under sub-section (1) of section 7 [including any such action or proceeding pending immediately before the commencement of the Metro Railways (Construction of Works) Amendment Act, 1987] is stayed by an order of a Court, whether granted before or after such commencement, shall be excluded.".

Metro Railways (Construction of Works) Act, 1978 Preamble 1

Title: Metro Railways (Construction of Works) Act, 1978

State: Central

Year: 1978

THE METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978 [Act, No. 33 of 1978] [21st August, 1978] PREAMBLE An Act to provide 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:--

Metro Railways (Construction of Works) Act, 1978 Complete Act

State: Central

Year: 1978

METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978 METRO RAILWAYS (CONSTRUCTION OF WORKS) ACT, 1978 33 of 1978 21st August, 1978 An Act to provide 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:- SECTION 01: SHORT TITLE, COMMENCEMENT AND APPLICATION (1) This Act may be called the Metro Railways (Construction of Works) Act, 1978. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. (3) It applies in the first instance to the metropolitan city of Calcutta; and the Central Government may, by notification in the Official Gazette, 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 provisions of this Act shall apply to that city accordingly. SECTION 02: DEFINITIONS (1) In this Act, unless the context otherwise requires,- (a) "Advisory Board" means the Advisory Board constituted under section 4-; (b)a[Appellate authority] means the.....

Metro Railways (Construction of Works) Act, 1978 Chapter III

Title: Acquisition

State: Central

Year: 1978

.....in such places and in such manner as may be prescribed. Section 8 - Power To Enter For Survey Etc. On the issue of a notification under sub-section (I) of section 7, it shall be, lawful for the metro railway administration or any officer or other employee of the metro railway. (a) to enter upon and survey and take level of the land, Wilding, street, road or, passage specified in the notification; (b) to dig or bore into the sub-soil; (c) to set out the intended work; (d) to mark such levels, boundaries or lines by placing marks and cutting trenches; (e) to do all other acts necessary to ascertain whether the metro railway can be laid upon or under the land, building, street, road or passage, as the case may be : Provided that while exercising any power under this section the metro railway administration or such officer or other employee shall cause as little damage or injury as possible to such land, buildings, street, road or passage, as the case may be. Section 9 - Hearing Of Objection (1) Any person interested in the land, building, street, road or passage may, within twenty-one days from the1[date of publication under sub-section (3) of section 7 of.....

Metro Railways (Construction of Works) Act, 1978 Chapter VI

Title: Miscellaneous

State: Central

Year: 1978

.....if this Act had not come into force, Amending Act I - METRO RAILWAYS (CONSTRUCTION OF WORKS) AMENDMENT ACT, 1987 THE METRO RAILWAYS (CONSTRUCTION OF WORKS) AMENDMENT ACT, 1987 [Act, No. 42 of 1987] [9th December, 1987] PREAMBLE An Act further to amend the Metro Railways (Construction of Works) Act, 1978. BE it enacted by parliament in the Thirty-eighth Year of the Republic of India as follows:-- 1.Short title.-- This Act may be called the Metro Railways (Construction of Works) Amendment Act, 1987. 2.Amendment of section 10.-- In section 10 of the Metro Railways (Construction of Works) Act, 1978, (33 of 1978) to sub-section (3), the following proviso shall be added, namely:-- "Provided that in computing the said period of one year, the period or periods during which any action or proceeding to be taken in pursuance of the notification issued under sub-section (1) of section 7 [including any such action or proceeding pending immediately before the commencement of the Metro Railways (Construction of Works) Amendment Act, 1987] is stayed by an order of a Court, whether granted before or after such commencement, shall be excluded.".

Metro Railways (Construction of Works) Act, 1978 Section 19

Title: Powers of Metro Railway Administration

State: Central

Year: 1978

.....shall take such precautionarymeasures as are necessary, shall do as little damage as possible and shall beliable only for the damage or cost actually suffered or incurred by any personas a result of the exercise of such powers. ________________________ 1. Substitutedfor the words "The metro railway administration shall, for thepurpose of constructing any metro railway or any other work connected therewithhave power" by the Metro Railways (Construction of Works) Amendment Act, 1982 (41 of 1982), section 11 (a)w.e.f. 15-5-1983. 2. Substituted forthe words "to open or divert" by the Metro Railways(Construction of Works) AmendmentAct, 1982(41 of 1982), section 11 (b) w.e.f. 15-5-1983.

Metro Railways (Construction of Works) Act, 1978 Chapter I

Title: Preliminary

State: Central

Year: 1978

.....for the purposes of, or in connection with, a metro railway, (c) all stations, offices ventilation shafts and ducts, warehouses, workshops, manufactories, fixed plants and machineries, sheds, depots and other works constructed for the purpose of, or in connection with, a metro railway; (j) "metro railway administration", in relation to any metro railway, means the General Manager of that metro railway; (k) "metropolitan city" means the Metropolitan city of Bombay, Calcutta, Delhi or Madras; (l) "metropolitan city of Bombay" 'means the area covered by Greater Bombay as defined in the Bombay Municipal Corporation Act, 1888; (m) "metropolitan city of Calcutta" means the area described under the heading "1. Calcutta Metropolitan District" in the Schedule 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 Union territory of Delhi; (o) "metropolitan city of Madras" means the area covered by the City of Madras as defined in the Madras City Municipal Act, 1919; 3[(oa) "National Capital Region" means the National Capital Region as defined in clause (f) of section 2 of.....

Metro Railways (Construction of Works) Act, 1978 Section 9

Title: Hearing of Objection

State: Central

Year: 1978

.....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-section (1) of section 2 of the Advocates Act, 1961. (3) Any order made by the competent authority under sub-section (2) shall be final ________________________ 1 . Substituted for the words, brackets and figures "date of publication of the notification under sub-section (1)of section 7" by the Metro Railways (Construction of Works) Amendment Act, 1982(41 of 1932), Section4(a)(i) w.e.f. 15-5-1983. 2. Inserted by the Metro Railways (Construction of Works) Amendment Act, 1982(41 of 1932), Section 4(a)(i) w.e.f. 15-5-1983, Section 4(a)(ii) w.e.f.15-5-1983. 3. Inserted by the Metro Railways (Construction of Works) Amendment Act, 1982(41 of 1932), Section 4(a)(i) w.e.f. 15-5-1983, Section 4(b) w.e.f.15-5-1983.