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Union of India - Section

Section 6 in The Chennai Metro Railway (Notices of Accidents and Inquiries thereto) Rules, 2014

6. Procedure for inquiry into accident by the Commissioner of the Metro Railway Safety and report thereon under section 43 of the Act.

(1)On receipt of notice under sub-section (2) of section 38 of the Act of the occurrence of an accident resulting in loss of human life or grievous hurt causing total or partial disablement of permanent nature to the passengers, the Commissioner of the Metro Railway Safety shall, as soon as may be, notify the Metro Railway Administration of his intention to hold an inquiry into causes that led to the accident and shall at the same time, fix and communicate the date, time and place of the inquiry.Provided the inquiry under this rule shall be obligatory only in those cases where the passengers, killed or grievously hurt were travelling in the train carrying passengers:Provided further that if a person being a metro railway servant or holding valid pass or ticket travelling outside the rolling stock, such as on the roofs or on the buffers, is killed or grievously hurt, or is runover on the railway track, an inquiry under these rules shall not be obligatory.
(2)For the purpose of these rules, the non-revenue trains, accident relief trains, tower wagons or any departmental trains carrying workmen shall be treated as passenger trains and in the event of workmen being killed or grievously hurt as a result of an accident to the train, an inquiry under these rules shall be obligatory.
(3)The Commissioner of the Metro Railway Safety shall, while conducting an inquiry, inform or cause to inform the Chief Secretary of the State Government, the District Collector and the Commissioner of Police of the District concerned.
(4)The District Collector or the Commissioner of Police, as the case may be, shall, as far as possible, attend the inquiry conducted by the Commissioner of the Metro Railway Safety personally or else depute a senior officer to represent him at the inquiry.
(5)On completion of an inquiry in respect of any of the accidents referred to in rule 3, the Commissioner of the Metro Railway Safety shall submit a preliminary narrative report to the Metro Railway Administration and Chief Commissioner of Railway Safety, and such report shall be factual and shall not contain any reference to persons implicated.
(6)The Commissioner of the Metro Railway Safety shall, as soon as possible, complete his inquiry and submit a detailed report to the Chief Commissioner of Railway Safety and shall forward copies of this report to-
(i)the Metro Railway Administration;
(ii)the Government of India (Ministry of Urban Development and Ministry of Railways);
(iii)the State Government:
Provided that the Commissioner of the Metro Railway Safety shall also forward a copy of his report to Director, Intelligence Bureau, Ministry of Home Affairs, Government of India; and the Commissioner of Police, Chennai, if the CMRS finds that the accident was caused by sabotage or train wrecking.
(7)The detailed report referred to in sub-rule (6) shall be confidential and shall contain the following particulars, namely :-
(a)brief description of the accident;
(b)description of the locality of the accident;
(c)detailed statement of the evidence taken;
(d)the conclusions arrived at together with a note of dissent, if any;
(e)reasons for conclusions arrived at;
(f)the nature and extent of the damage done;
(g)when necessary, a sketch illustrative of the accident;
(h)the number of metro railway employees killed or injured;
(i)the number of passengers killed or injured;
(j)whether it has been a system failure or failure of an individual;
(k)an appendix containing extracts of the rules violated by the staff responsible for the accidents; and
(l)remedial action proposed.