38. Notice of metro railway accident.—(1) Where, in the course of working a metro railway,—
(a) any accident attended with loss of any human life, or with grievous hurt, as defined in the
Indian Penal Code (45 of 1860); or
(b) any collision between trains; or
(c) the derailment of any train carrying passengers, or of any part of such train; or
(d) any accident of a description usually attended with loss of human life or with such grievous
hurt as aforesaid; or
(e) any accident of any other description which the Central Government may notify in this
behalf,
occurs, the metro railway official in charge of the section of the metro railway on which the accident
occurs, shall, without delay, give notice of the accident in such form and containing such particulars as
may be prescribed to the Deputy Commissioner and the Deputy Commissioner of Police, within whose
jurisdiction the accident occurs, the officer in charge of the police station within the local limits of which
the accident occurs and to such other Magistrate or police officer as may be appointed in this behalf by
the Central Government.
1. Subs. by Act 34 of 2009, s. 14, for sub-section (4) (w.e.f. 7-9-2009).
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(2) The metro railway administration, within whose jurisdiction the accident occurs, shall, without
delay, give notice of the accident to the 1
[State Government] and the Commissioner having jurisdiction
over the place of the accident.
39. Inquiry by Commissioner.—(1) On the receipt of a notice under section 38 of the occurrence of
an accident resulting in loss of human life or grievous hurt causing total or partial disablement of
permanent nature to a passenger, the Commissioner shall, as soon as may be, notify the metro railway
administration in whose jurisdiction the accident occurred of his intention to hold an inquiry into the
causes that led to the accident and shall at the same time fix and communicate the date, time and place of
inquiry:
Provided that it shall be open to the Commissioner to hold an inquiry into any other accident which,
in his opinion, requires the holding of such an inquiry.
(2) If for any reason, the Commissioner is not able to hold an inquiry as soon as may be after the
occurrence of the accident, he shall notify the metro railway administration accordingly.
40. Inquiry by metro railway administration.—Where no inquiry is held by the Commissioner
under sub-section (1) of section 39 or where the Commissioner has informed the metro railway
administration under sub-section (2) of that section that he is not able to hold an inquiry, the metro
railway administration within whose jurisdiction the accident occurs, shall cause an inquiry to be made in
accordance with the prescribed procedure.
41. Powers of Commissioner in relation to inquiries.—(1) For the purpose of conducting an
inquiry under this Chapter into the causes of any accident, the Commissioner shall, in addition to the
powers specified in section 9, have the powers as are vested in a Civil Court while trying a suit under the
Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of persons and examining them on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any court or office; and
(e) any other matter which may be prescribed.
(2) The Commissioner while conducting an inquiry under this Chapter shall be deemed to be a Civil
Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of
1974).
42. Statement made before Commissioner.—No statement made by a person in the course of giving
evidence in an inquiry before the Commissioner shall subject him to, or be used against him, in any civil
or criminal proceeding, except in a prosecution for giving false evidence by such person:
Provided that the statement is—
(a) made in reply to a question which is required by the Commissioner to answer; or
(b) relevant to the subject matter of the inquiry.
43. Procedure for conducting inquiry.—The metro railway administration or the Commissioner
conducting an inquiry under this Chapter may send notice of the inquiry to such persons, follow such
procedure, and prepare the report in such manner as may be prescribed.
44. No inquiry, investigation, etc., to be made if the Commission of Inquiry is
appointed.—Notwithstanding anything contained in the foregoing provisions of this Chapter, where a
Commission of Inquiry is appointed under the Commissions of Inquiry Act, 1952 (60 of 1952), to inquire
into an accident, any inquiry, investigation or other proceeding pending in relation to that accident shall
not be proceeded with, and all records or other documents relating to such inquiry shall be forwarded to
such authority as may be specified by the Central Government in this behalf.
1. Subs. by Act 34 of 2009, s. 15, for “Government of the National Capital Territory of Delhi” (w.e.f. 7-9-2009).
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45. Inquiry into accident not covered by section 38.—Where any accident of the nature not
specified in section 38 occurs in the course of working the metro railway, the metro railway
administration within whose jurisdiction the accident occurs, may cause such inquiry to be made into the
causes of the accident, as may be prescribed.
46. Returns.—The metro railway administration shall send to the Central Government a return of
accidents occurring on its railway, whether attended with injury to any person or not, in such form and
manner and at such intervals as may be prescribed.
47. Power to make rules in respect of matters in this Chapter.—(1) The Central Government may,
by notification, make rules to carry out the provisions of this Chapter.
(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 forms of notice of accidents to be given under section 38 and the particulars of the
accident such notices shall contain;
(b) the persons to whom notices in respect of any inquiry under this Chapter are to be sent, the
procedure to be followed in such inquiry and the manner in which a report of such inquiry shall be
prepared;
(c) the nature of inquiry to be made by the metro railway administration into the causes of an
accident under section 40;
(d) for conducting an inquiry under clause (e) of sub-section (1) of section 41;
(e) the procedure of conducting inquiry and preparation of the report under section 43;
(f) the making of an inquiry into the causes of the accident under section 45; and
(g) the form and manner of sending a return of accidents by the metro railway administration
under section 46.