86. Power of Central Government to issue directions.—Without prejudice to the foregoing
provisions of this Act, the metro railway administration in case of the non-Government metro railway
shall, in the discharge of its duties and functions under this Act, be bound by such directions on questions
of policy as the Central Government may give in writing to it from time to time:
Provided that the metro railway administration shall, as far as practicable, be given opportunity to
express its views before any direction is given under this section.
87. Prohibition to work as non-Government metro railway.—No non-Government metro railway
shall work without obtaining permission from the Central Government.
88. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall
lie against the Central Government, any metro railway administration, a metro railway official or against
any other person, for anything which is in good faith done or intended to be done in pursuance of this Act
or any rules, regulations or orders made thereunder.
89. Restriction on execution against metro railway property.—(1) No rolling stock, metro railway
tracks, machinery, plant, tools, fittings, materials or effects used or provided by a metro railway
administration for the purpose of traffic on its railway, or its stations or workshops, or offices shall be
liable to be taken in execution of any decree or order of any court or of any local authority or person
having by law the power to attach or distrain property or otherwise to cause the property to be taken in
execution, without the previous sanction of the Central Government.
(2) Nothing in sub-section (1) is to be construed as affecting the authority of any court to attach the
earnings of the metro railway administration in execution of a decree or order.
90. Officials of metro railway administration to be public servants.—All persons in the
employment of the metro railway administration shall, when acting or purporting to act in pursuance of
the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian
Penal Code (45 of 1860).
91. Procedure for delivery to metro railway administration of property detained by a metro
railway official.—If a metro railway official is discharged from service or is suspended, or dies or
absconds or absents himself, and he or his spouse or widow or any member of his family or his
representative, refuses or neglects, after notice in writing for that purpose, to deliver up to the metro
railway administration or to a person appointed by the metro railway administration, in this behalf, any
station, dwelling house, office or other building with its appurtenances, or any books, papers, keys,
equipments or other matters, belonging to the metro railway administration and in the possession or
custody of such metro railway official on the occurrence of any such event as aforesaid, any Metropolitan
Magistrate may, on application made by or on behalf of the metro railway administration, order any
police officer, with proper assistance, to enter upon the station, office or other building and remove any
person found therein and take possession thereof, or to take possession of the books, papers and other
matters, and to deliver the same to the metro railway administration or to a person appointed by the metro
railway administration in that behalf.
1. Subs. by Act 34 of 2009, s. 16, for “Government of the National Capital Territory of Delhi” (w.e.f. 7-9-2009).
2. Subs. by s. 16, ibid., for “Government of the National Capital Territory of Delhi in the Delhi Gazette” (w.e.f. 7-9-2009).
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92. Proof of entries in records and documents.—(1) Entries made in the records or other
documents of the metro railway administration shall be admitted in evidence in all proceedings by or
against the metro railway administration, and all such entries may be proved either by the production of
the records or other documents of the metro railway administration containing such entries or by the
production of a copy of the entries certified by the officer having custody of the records or other
documents under his signature and stating that it is a true copy of the original entries and that such
original entries are contained in the records or other documents of the metro railway administration in his
possession.
(2) Notwithstanding anything contained in any other law, a court shall presume that the entries in the
records of the metro railway administration admitted in evidence under sub-section (1) are true, unless
there is evidence to the contrary.
93. Service of notice, etc., on metro railway administration.—Any notice or other document
required or authorised by this Act to be served on a metro railway administration may be served-
(a) by leaving it at the office of the metro railway administration; or
(b) by registered post to the office address of the metro railway administration.
94. Service of notice, etc., by metro railway administration.—Any notice or other document
required or authorised by this Act to be served on any person by the metro railway administration may be
served by-
(a) delivering it to the person; or
(b) leaving it at the usual or the last known place of abode of the person; or
(c) registered post addressed to the person at his usual or the last known place of abode.
95. Presumption where notice is served by registered post.—Where a notice or other document is
served by registered post, it shall be deemed to have been served at the time when the letter containing it
would be delivered in the ordinary course of post, and in proving such service, it shall be sufficient to
prove that the letter containing the notice or other document was properly addressed and registered.
96. Representation of metro railway administration.—(1) The metro railway administration may,
by order in writing, authorise any of its official or other person to act for, or represent it, as the case may
be, in any proceeding before any civil, criminal or other court.
(2) A person authorised under sub-section (1) to conduct prosecution on its behalf shall,
notwithstanding anything in section 302 of the Code of Criminal Procedure, 1973 (2 of 1974), be entitled
to conduct such prosecutions without the permission of the Magistrate.
97. Appointment of security staff.—The metro railway administration may constitute and maintain
security staff for its railway, and the powers, duties and functions of such staff shall be such as may be
prescribed.
98. Delegation of powers.—(1) The Central Government may, by notification, direct that all or any
of the powers under this Act or rules made thereunder, except sections 22, 32, 47, 56, 99 and 100,
exercisable by it, shall, in relation to such matters and subject to such conditions, if any, as may be
specified in the notification, be exercisable also by such officer or authority subordinate to the Central
Government or by such officer of the metro railway administration.
(2) The metro railway administration may, by general or special order in writing, delegate to any of
its official subject to such conditions and limitations, if any, as may be specified in the order, such of its
powers and functions under this Act, except its power under section 101.
99. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove
the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the
commencement of this Act.
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(2) Every order made under this section shall be laid before each House of Parliament.
100. Power of Central Government to make rules.—(1) The Central Government may, by
notification, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the form and time for preparing and sending annual report under section 12;
(b) the terms and conditions of the Fare Fixation Committee under section 35;
(c) the procedure to be followed by the Fare Fixation Committee under section 35;
(d) the extent of compensation payable under section 57;
(e) the powers, duties and functions of the security staff of the Government metro railway under
section 97; and
(f) without prejudice to any power to make rules contained elsewhere in this Act, generally to
carry out the purposes of this Act.
101. Power of metro railway administration to make regulations.—The Government metro
railway administration may, with the previous approval of the Central Government, make regulations not
inconsistent with this Act and the rules made thereunder, to provide for all matters for which provisions
are necessary or expedient for the purpose of giving effect to the provisions of this Act.
102. Rules and regulations to be laid before Parliament.—Every rule made by the Central
Government and every regulation made by a Government metro railway administration under this Act
shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one session or in two or more successive
sessions, 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 regulation or both Houses
agree that the rule or regulation should not be made, the rule or regulation 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 be without prejudice to the validity of anything previously done under that rule or
regulation.
103. Effect of Act inconsistent with other enactments.—The provisions of this Act 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 this Act.
104. Application of other Acts.—Save as otherwise provided in this Act, the provisions of this Act
shall be in addition to and not in derogation of the Metro Railways (Construction of Works) Act, 1978
(33 of 1978).
105. Repeal and savings.—(1) The Delhi Metro Railway (Operation and Maintenance) Ordinance,
2002 (Ord. 7 of 2002) is hereby repealed.
(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.