Rapid Transit in India - Legal

Legal

Initially, state governments attempted to implement metro rail projects through various Tramways Act. However, the Commissioner of Railways Safety (CRS), who operates under the Ministry of Civil Aviation, is tasked with providing safety certification for metro rail projects. The CRS refused safety certification unless the projects were implemented under a Metro Act enacted by the state government and published in The Gazette of India. Research Design and Standards Organization (RDSO), another railway entity, also refuses certification to projects not implemented under the criteria. Subsequently, several state governments have enacted their own Metro Acts.

Construction of metros in India are governed by the centrally enacted "The Metro Railways (Construction Of Works) Act, 1978" which defines itself as an act to provide for the construction of works relating to metro railways in the metropolitan cities and for matters connected therewith. Operation and maintenance of metros is governed by "The Delhi Metro Railway (Operation and Maintenance) Act, 2002". Both laws were amended in 2009 with the passing of "The Metro Railways (Amendment) Act, 2009". The amendment expanded the coverage of both the acts to all metropolitan areas of India.

According to Ministry of Urban Development (India) Kamal Nath, ""Since the Metro rail is a central subject, it has been decided that all such projects in the country, whether within one municipal area or beyond, shall be taken up under the Central Metro Acts."

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