Metrorail Act, 2015

(Act No. 1 of 2015)

[February 2, 2015]
 Metrorail Act, 2015

Legislation for the construction, operation, maintenance and control of Metrorail and
related matters to provide fast and improved public transport services to the public at
low cost.

Whereas it is expedient and necessary to make provision for construction, operation,

maintenance and control of Metrorail and related matters in order to provide fast and
improved public transport services to the public at low cost;

Therefore, the following laws were enacted: -

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 CHAPTER ONE
Introduction

Short title, 1. (1) This Act defines the Metrorail Act, 2015.

introduction (2) This Act-

and (A) The first phase shall be effective immediately in Dhaka, Narayanganj,
Munshiganj, Manikganj, Gazipur and Narsingdi districts; And
application
(B) In the second stage, in all the districts other than those mentioned in clause (A),
the Government shall, by notification in the Official Gazette, will be effective on the
date to be fixed.

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Definition 2. Unless there is anything contrary to the subject or context, in this Act-

(1) "Appellate Authority" means the appellate authority constituted under section
24;

(2) "Commissioner" means the Divisional Commissioner concerned and the

Additional Divisional Commissioner included;

(3) 'Authority' means the Dhaka Transport Coordinating Authority constituted under
Section 4 of the Dhaka Transport Coordinating Authority Act, 2012 (Act No. 8 of
2012);

(4) "Objectives contrary to the public interest" means the purpose of obstructing,
obstructing or delaying the construction, operation, maintenance, development and
implementation of the Metrorail to obtain financial benefits as compensation or in
any other way.

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(5) 'Anti-public interest activities' means obstructing, obstructing or delaying the
construction, operation, maintenance, development and implementation of
Metrorail, taking anti-public interest activities or measures And activities conducted
outside the law and regulations to obtain financial benefits as compensation or in
any other way;

(6) 'Emergency Service Provider' means the Local Administration, Local Police
Authority, Local Health Service Provider Authority, Fire Service, Ambulance
Service, Electricity, Gas, Water, Optical Fiber, Telephone Line and Sewerage and
Drainage Service Organization;

(7) "Deputy Commissioner" means the Deputy Commissioner as defined in section

2 (b) of the Acquisition and Requisition Immovable Property Ordinance, 1982 (Ord.
II of 1982);

(8) "Executive Director" means the Executive Director appointed under Section 12
of the Dhaka Transport Coordinating Authority Act, 2012 (Act No. 8 of 2012);

(9) "inspector" means an inspector appointed under section 21;

(10) "Regulations" means regulations made under this Act;

(11) "Criminal Procedure Code " means the Code of Criminal Procedure, 1898 (Act
V of 1898);

(12) "Rules" means rules made under this Act;

(13) "Person" means any person and It may include any organization, company
partnership business firm, or any other domestic or foreign company;

(14) "Land Acquisition Act" means the Acquisition and Requisition of Immovable
Property Ordinance, 1982 (Ord. II of 1982);

(15) "Metrorail" means a city-based railway system which shall have absolute
access to the ground, plane, or its surface, including the railway track, and shall
include all installations, machinery, equipment and other related matters situated on
the ground, plane and surface;

(16) "Metrorail Area" means the land and installations used for the construction,
operation, maintenance and development of the Metrorail And areas required for the
use of machinery and equipment, both on the ground, on the plane and the surface;

(17) "license" means licenses issued under this Act for the construction, operation,
maintenance and development of Metro rail;
 (18) "Licensed" means a person licensed under this Act for the construction,
operation, maintenance and development of Metrorail.

The priority of 3. For instance, whatever it is in any other law, this rule regulation will be prioritized.
Law
 CHAPTER TWO

Land acquisition, etc.

Land 4. Subject to other provisions of this Act, if it is necessary to acquire land for

acquisition construction or operation or maintenance and control or related purposes, it

shall be deemed necessary in the public interest, And such land may be acquired in
accordance with the provisions of the Land Acquisition Act because of the
Authority's demand.

Special 5. (1) Metrorail construction or operation or maintenance and control or for

Law the purpose for which it is acquired or may be acquired on such land for the

purpose of construction of houses or under construction for any other

purpose or change of house or installation or class of land for the same

purpose. If it is done, no person will be entitled to compensation for such

change.

(2) In determining compensation under section 8 of the Land Acquisition Act,

if the Deputy Commissioner is satisfied that any house or other built or

under construction on any such land was likely to be acquired or operated

for construction or operation or maintenance and control of

Metrorail. If any type of establishment has been constructed or is under

construction for public interest or any house or installation or

class of land has been changed; he shall not consider the change of house

or establishment or class of land for compensation under that section

and such compensation claims, if any, will be denied.

(3) If any person is aggrieved by the rejection of the claim for compensation

under sub-section (2), he may file an appeal against the rejection of the

claim for compensation within 7 (seven) working days of the issuance of the

rejection order.

(4) The Commissioner shall inquire into the matter of appeal within 5 (five)

working days of receipt of the appeal under sub-section (3) and shall give

his decision on the appeal within not more than 5 (five) working days after

the completion of such investigation.

(5) The decision of the Commissioner given under sub-section (4) shall be final.

(6) If the appeal is denied by a decision given under sub-section (4), the

appellant shall remove the house or establishment concerned at his own

expense within 24 (twenty-four) hours of the issuance of such decision,

otherwise, the Deputy Commissioner Arrange for the sale at public auction

to remove houses or installations and deposit the proceeds of such sale in the
government treasury.
(7) If the aggrieved person does not file an appeal against the rejection of

the claim for compensation by the Deputy Commissioner under sub-section

(2) within the time prescribed under sub-section (3), then he is concerned

within the next 24 (twenty four) hours of that time. Remove the house or

installation, otherwise the Deputy Commissioner shall take the action

mentioned in sub-section (6).
 (8) Compensation for land acquired under this Act shall be paid in public

within 60 (sixty) days of receipt of the money from the authority at the

office of the concerned Union Parishad or Councilor as per the schedule

announced by the Deputy Commissioner.

(9) In case of construction or operation or maintenance and control of Metrorail or

for any such purpose, the land of any land acquired for such purpose has been cut
for malicious purposes or the class of such land has been changed in any other way,
in case of any loss of such land for such change the Deputy Commissioner shall
reimburse the landowner. Able to recover the appropriate amount of compensation
in the manner prescribed by the rules.

(10) At the time of issuance of notice under section 3 of the Land Acquisition Act,
the video image of the acquired land by the concerned Deputy Commissioner shall
be deemed to have been taken and preserved under this Act for this chapter and
based on the video image, compensation for the land has to be determined
and arrangements have to be made to pay it.

(11) No court shall take up any law or application against any order or action taken
under this chapter, nor shall any court impose any restraint on any action taken or to
be taken.

The 6. The special provisions of Section 5 shall apply to the acquisition of land for

Predominance the construction or operation or maintenance and control of Metrorail or any

of the other use of land in any other manner, irrespective of the Land Acquisition

Law Act, the rules enacted thereunder or any other law or regulation in force for

of Section 5 the time being.

 CHAPTER THREE

License, etc.

License 7. No person shall construct, develop or operate a Metrorail without a license

requirements or provide Metrorail services or install or operate any equipment for that

for purpose.

construction

and

operation of

Metrorail

Application 8. All matters relating to such matters, including the application for a license under

for a license, license, renewal of license, preservation and display of license, suspension

license and revocation of a license shall be prescribed by rules.

renewal,

etc.
Issuance of 9. Based on the recommendation of the Selection Committee constituted

licenses, under section 11, the Government shall issue the license subject to the

etc. procedure, duration and conditions prescribed by the rules and subject to

Payment of fees:

Provided, however, that no license fee shall be required in respect of

licenses for the construction, operation, or construction of any Metrorail

operated or operated by or under the control of the Government.

License 10. (1) Subject to the provisions of sub-section (2), any license shall be

Handover transferable with the prior approval of the Government.

(2) In the case of license obtained by such transfer under sub-section (1),

the liability of the Licensee, the term, conditions and procedure of the license

and the ancillary matters shall be determined by rules.

Selection 11. (1) To issue and renew licenses under this Act, the

Committee Government shall form a selection committee headed by the Executive Director and
consisting of not less than 6 (six) officers from among the authorities and
government officials.

(2) Rules shall determine the responsibilities and functions of the selection
committee.

(3) The Government may be constituted under sub-section (1), renew, suspend, or
cancel the license, including the license issuance, subject to the Selection
Committee's recommendation.

Construction, 12. Subject to other provisions of this Act, Metrorail may be constructed,

operation operated and maintained based on public-private partnership.

and

maintenance

of Metrorail

on the basis

of public-

private

partnership

CHAPTER FOUR

Access, etc.

Access 13. Any person or his representative in writing or employee authorized or licensed
 to carry out any other activities including construction, development, operation

and maintenance of Metrorail at any time subject to the prohibitions

prescribed by the rules and can enter with equipment.

Prohibition 14. The Licensed Metrorail may not be temporarily closed, remove or relocate
on closure civic amenities without the prior approval of the Emergency Services
of civic Provider to construct, develop, operating or constructing any of its facilities
facilities at any place in the Metrorail area.
without
prior
approval,
etc.
 CHAPTER FIVE

Technical standards

Following
The 15. (1) The Licensee shall obtain approval from the Authority for all technical

technical matters, including establishment, operation, maintenance and safety of

standards, infrastructural facilities and rolling stock of Metrorail.

etc.
(2) Metrorail construction and installation of rolling stock, operation,

maintenance, safety management and facilities shall be in accordance with

the instructions regarding technical standards issued by the authority from

time to time.

(3) If any change is required in the case of the standard prescribed by the

authority under sub-section (2), the Licensee shall obtain written permission

from the authority in that regard.

Submission 16. (1) To ensure the safety of Metrorail, he shall submit a

of report to report in this regard to the Authority in the manner and time prescribed by
the the Licensing Rules.
authorities (2) On the basis of the report under sub-section (1), the authority may from
time to time issue such necessary instructions and if any such instructions are
issued, the Licensee shall be bound to comply with it.

CHAPTER SIX

Rent, etc.
Rent 17. The Authority, from time to time, in accordance with the instructions of

determination the Government shall fix the fare to be paid by the passengers for the

Metrorail service.

Rent 18. (1) The Government shall form a committee of 7 (seven) members

Determination headed by the Executive Director to make recommendations for the purpose

Committee of fixing the fare to be paid by the passengers for the Metrorail service under section
17.

(2) Considering the cost of operating the Metrorail and the public's financial
capacity, the Rent Determination Committee shall recommend the maximum and
minimum fare rates to the authorities.

(3) The qualifications of the members of the rent determination committee

and the method of determining the rent shall be determined by rules.

Disclosure 19. (1) The Authority shall arrange for the publication of information relating
of rental to passenger transport fares on its website and in the widely circulated
information national dailies.
(2) The Licensing Authority shall make arrangements for display and storage
of passenger transport fares in such places as are easily visible inside the
Metrorail station and the Metrorail coach.
(3) No passenger may be charged additional fare above the fare fixed
by the Licensing Authority.

Seat (20) Each coach of the Metrorail will have several seats reserved by the
reservation authorities for war-wounded freedom fighters, the disabled, women, children
and the elderly.
 CHAPTER SEVEN
Inspector and Appellate Authority, etc.

Appointment 21. For this Act, the Authority may, by general or special
of Inspector order, appoint any of its officers as inspectors.

The power 22. (1) In case of implementation of the provisions of this Act, the inspector
of the may enter any place in the Metrorail area to check the
inspector validity of the Metrorail's license, quality of machinery and equipment, safety
measures and quality of passenger service.

(2) During the inspection, an inspector may review any register, documents, deed,
report-return and other documents of the Licensee, collect photocopies and, if
necessary, interrogate the Licensee.

(3) At the end of each inspection, the inspector shall submit a report to the authority
with specific recommendations.

(4) After reviewing the recommendations received under sub-section (3), the
Authority may take necessary action under this Act against the Licensee.

Provide 23. If the Inspector enters any place in the Metrorail area for

assistance enforcing the provisions of this Act, the Licensee or any person employed by

to the him at that place shall provide him with the information requested by the

inspector Inspector and other reasonable assistance so that the Inspector may

perform his duties properly.

Appeals, 24. (1) If the Licensee is aggrieved by an order made under sub-section (4)
formation of of section 22 of this Act, he may appeal to the appellate authority within 7
appellate (seven) days of the giving of such order.
authority, (2) For this section, the Government shall, in the manner prescribed by rules,
etc. by notification in the Official Gazette, constitute an Appellate Authority consisting
of 5 (five) members.
(3) If an appeal is received under sub-section (1), the appellate authority
shall dispose of it within 30 (thirty) days of receipt of such appeal.
(4) The procedure for filing and disposing of appeals shall be prescribed by
rules.
 CHAPTER EIGHT
Compensation, insurance, etc. for loss due to accident

Pay 25. If a person is injured or injured or dies as a result of an accident arising

compensation out of the operation of Metrorail, the Licensee will then be obliged to pay
compensation to him or, as the case may be, to his family in the manner and
amount prescribed by law.

Treatment 26. (1) If any person is injured as a result of an accident arising out of the
of the operation of the Metrorail, the Licensee shall arrange for his transfer to the
injured nearest Medical Service Center or Hospital to ensure his first aid.
person, etc. (2) If the Licensee does not provide medical services to the
injured person under sub-section (1), he may receive the treatment on his
own initiative and the Licensee shall be obliged to pay him in the manner and
quantity prescribed by the relevant regulations.

Report of 27. Licensed Metrorail shall immediately notify the Emergency Services
fatal Provider of any fatal accident arising out of it during its operation and shall
accident submit a report of such accident to the Authority.

Compulsory 28. (1) In the case of operation of Metrorail, every Licensee shall
compulsorily insurance must be done for Metrorail and all passengers and third parties
insurance traveling in it.
for Metrorail
and (2) In the event of an accident, the Licensee shall, within 90 (ninety) days of
passengers raising the claim for compensation on his initiative and responsibility,
pay the compensation to the person injured in the accident or, as the case
may be his family.
 Third party 29. In case of loss of any person or facility and property other than Metrorail
compensation and its passengers due to Metrorail accident, if any claim for compensation
in Metrorail is raised by the concerned person or owner of the facility and property, the
accidents a licensed person or the owner of the property within 90 (ninety) days will pay
compensation from the nearest.

Penalty for 30. If a person builds, develops, or operates Metrorail without a license or
construction, provides Metrorail services or installs or operates any equipment for that
development purpose, that act will be an offense to that person, and for that, he will be
or operation imprisoned for not more than 10 (ten) years or not more than 1 (one)
of Metrorail Crore will be punishable by fine or both.
without
license

Penalty for 31. If a person transfers a license without the prior approval of the
transfer of government, the act will be an offense, and he will be liable to imprisonment
license for a term not exceeding 10 (ten) years or a fine not exceeding 1 (one) crore
without TK or both.
approval
 Penalty for 32. If any person unlawfully obstructs the Licensee or his authorized person
obstruction or representative or employee to carry out any other activities, including
of access construction, development, operation and maintenance of Metrorail. The act
shall be an offense to the person, and he shall be liable to imprisonment for
a term not exceeding 2 (two) years or a fine not exceeding 2 (two) lakhs TK
or both.

Penalty for 33. If a person intentionally obstructs or obstructs the performance of any
obstruction other activities including construction, development, operation and
of any other maintenance of Metrorail without due process of law, such act shall be an
activities offense and he shall be punished with imprisonment for a term not
including exceeding 1 (one) year or not more than 5 (Five) lakhs TK and

construction, shall be punishable by fine or both.

development,
operation
and
maintenance
of Metrorail

Penalty for 34. If an unauthorized person enters a restricted area of the Metrorail or even
unauthorized stays there by the request of the person in charge or his subordinates to
entry into a leave the place, the act of that person shall be an offense,
restricted and he shall be punished with imprisonment not exceeding 1 (one) year or
area of fine of not more than 5 (five) lakh TK or both.
Metrorail

Penalties 35. If a person engages in or is likely to disrupt the safety of Metrorail and its
for passengers, it will be an offense for that person to do so, punishable by
disrupting imprisonment for a term not exceeding 5 (five) years or a fine not exceeding
the safety of 50 lakhs TK or shall be punishable by both.
Metrorail
and its
passengers

Penalty for 36. If a person sells Metrorail tickets or passes without permission or distorts
selling or falsifies tickets or passes, the act will be an offense, and he will be liable
Metrorail to imprisonment for a term not exceeding 10 (ten) years or a fine of 1
tickets or (one) crore TK or both will be punishable.
passes
unauthorized
or distorting
or forging
tickets or
passes
Penalty for
misuse of 37. If a licensed employee uses Metrorail and its equipment in a manner that

Metrorail endangers or is likely to endanger the safety of him or any of his passengers

its and uses Metrorail and its equipment in the performance of his duties in a

equipment manner not authorized by the Licensee. in that case, the employee's act will be an offense,
and for that, he shall be punishable with imprisonment not exceeding 1 (one) year or a
by fine not exceeding 5 (five) lakhs or both.
employees .

Penalty for 38. If any person obstructs or obstructs the inspector in the discharge of his
obstructing duties or provides false or misleading information, the act of that person
the shall be an offense, and he shall be liable to imprisonment for a term not
inspector in exceeding 2 (two) years or not more than 10 (ten) lakhs TK will be
discharging punishable by a fine or both.
his duties or
providing
false and
Misleading
information

Penalty for 39. If a licensee does not insure Metrorail and its passengers and third
not insuring parties, the act will be an offense and he will be liable to imprisonment for a
term not exceeding 10 (ten) years or a fine not exceeding 10 (ten) crores
Tk or both.

Penalty for 40. If a person travels on a Metrorail without a ticket or valid pass or over a
traveling on permitted distance or adopts any other tactic to evade the fare, the act will
Metrorail be a crime, and he will be liable to a fine of up to 10 (ten) times the fare on
without the Metrorail. And in case of non-payment of the said fine not more than 6
ticket or (six) months imprisonment shall be punishable.
valid pass,
Etc.
Penalty for 41. If a licensee carries out construction, operation, maintenance and safety

not management of Metrorail and rolling stock without the approval of the

following authority or without following the technical standards issued by the authority,

technical the act shall be an offense and he shall be punished with imprisonment for a

standards term not exceeding 5 (five) years or not more than 50 (fifty) lakhs Tk will

be punishable by fine or both.

Penalty for 42. If a Licensee commits any offense under this Act in connection

committing with that offense, every officer and employee of the Licensee shall be

a crime by a deemed to have committed such offense and shall be punishable under

licensee other provisions of this act unless he can prove that the crime was committed
without his knowledge or that he has tried his best to prevent it.

Penalties 43. If a person assists or incites or conspires to commit an offense under

for aiding this Act and the conspiracy or incitement results in the offense being

and abetting committed, the accomplice, conspirator or instigator shall be punishable with
crime, the penalty prescribed for the offense.

incitement

and conspiracy

Penalty for 44. If a person is convicted of an offense under this Act and commits the

recurrence same offense again after being punished, he shall be liable to double the

of crime maximum penalty for that offense.

Accepting 45. Notwithstanding anything contained in the Code of Criminal Procedure,

criminal no court shall take up any case under this Act or Rules except for a written

justice report by the Authority or any officer or inspector authorized by it.

Application 46. Subject to non-compliance with the provisions of this Act, the Code of

of criminal Criminal Procedure shall apply to the investigation, trial, appeal and other

procedure related matters of an offense under this Act or rules.

Jurisdiction 47. Notwithstanding anything to the contrary in the other sections of this Act,

of Mobile offenses under Sections 32, 33, 37, 38 and 40 of this Act may be tried

Court under the Schedule to the Mobile Courts Act, 2009 (Act No. 59 of 2009).
 CHAPTER TEN

Miscellaneous

Delegation 48. The Government may, under certain conditions, delegate any power or

of power responsibility under this Act to the Executive Director or any officer thereof

or of the Authority.

Ability to 49. The Government may, by notification in the Official Gazette, make rules
make rules for carrying out the purposes of this Act.

Ability to 50. For this Act, the Authority may, with the prior approval of
make the Government, by notification in the Official Gazette, make regulations
regulations consistent with this Act or rules.

Publish 51. (1) After the enactment of this Act, the Government shall, by notification
translated in the Official Gazette, publish an Authentic English Text of this Act
text into translated into English.
English (2) In the event of a dispute between this Act and the English text, this Act
shall prevail.

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Ministry of Law, Justice and Parliamentary