Title : THE RAILWAYS ACT,1989 Year : 1989
CHAPTER IV-CONSTRUCTION AND MAINTENANCE OF WORKS
11. Power of railway administrations of execute all necessary works.- Notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of this Act and the provisions of any law for the acquisition of land for a public purpose or for companies, and subject also, in the case of a non-Government Railway, to the provisions of any contract between the non-Government railway and the Central Government, a railway administration may, for the purposes of constructing or maintaining a railway-
(a) make or construct in upon, across, under or over any lands, or any streets, hills, valleys, roads, railway, tramways, or any rivers, canals, brooks, streams or other waters, or any drains, water-pipes, gas-pipes, oil-pipes, sewers, electric supply limes, or telegraph lines, such temporary or permanent inclined-planes, bridges, tunnels, culverts, embankments, aquaducts, roads, lines of railways, passages, conduits, drains, piers, cuttings and fences, in take wells, tube wells, dams, river training and protection works as it thinks proper;
(b) alter the course of any rivers, brooks, streams or other water courses, for the purpose of constructing and maintaining tunnels, bridges, passages or other works over or under them and divert or alter either temporarily or permanently, the course of any river, brooks, steams or other water courses or any roads, streets or ways, or raise or sink the level thereof, in order to carry them more conveniently over or under or by the side of the railway;
(c) make drains or conduits into, through or under any lands adjoining the railway for the purpose of conveying water from or to the railway;
(d) erect and construct such houses, warehouses, offices and other buildings, and such yards, stations, wharves, engines, machinery apparatus and other works and conveniences as the railway administration thinks proper;
(e) alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them and substitute others in their stead;
(f) erect, operate, maintain or repair any telegraph and telephone lines in connection with the working of the railway;
(g) erect, operate, maintain or repair any electric traction equipment, power supply and distribution installation in connection with the working of the railway; and
(h) do all other acts necessary for making, maintaining altering or repairing and using the railway.
12. Power to alter the position of pipe, supply line, drain or sewer, etc.- (1) A railway administration may, for the purpose of exercising the powers conferred on it by this Act, alter the position of any pipe for the supply of gas, water, oil or compressed air, or the position of any electric supply line, drain or sewer:
Provided that before altering the position of any such pipe, electric supply line drain or sewer, the railway administration shall give a notice indicating the time at which the work of such alternation shall commence, to the local authority or other person having control over the pipe, electric supply line, drain or sewer.
(2) The railway administration shall execute the work referred to in sub-section (1) to the reasonable satisfaction of the local authority or the person receiving the notice under the proviso to sub-section (1).
13. Protection for Government Property.- Nothing in sections 11 and 12 shall authorize-
(a) a railway administration of the Government railway to do any thing on or to any works, lands or buildings vested in, or in the possession of, a State Government without the consent of that Government; and
(b) a railway administration of a non-Government railway to do anything on or to any works, lands or buildings vested in, or in the possession of, the Central Government or a State Government, without the consent of the Government concerned.
14. Temporary entry upon land to remove obstruction, to repair or to prevent accident.- (1) Where in the opinion of a railway administration-
(a) there is imminent danger that any tree, post or structure may fall on the railway so as to obstruct the movement of a rolling stock; or
(b) any tree, post, structure or light obstructs the view of any signal provided for movement of rolling stock; or
(c) any tree, post or structure obstructs any telephone or telegraph line maintained by it,
it may take such steps as may be necessary to avert such danger or remove such obstruction and submit a report thereof to the Central Government in such manner and within such time as may be prescribed.
(2) Where in the opinion of a railway administration-
(a) a slip or accident has occurred; or
(b) there is apprehension of any slip or accident to any cutting, embankment or other work on a railway,
it may enter upon any lands adjoining the railway and do all such works as may be necessary for the purpose of repairing or preventing such slip or accident and submit a report thereof to the Central Government in such manner and within such time as may be prescribed.
(3) The Central Government may, after considering the report under sub-section (1) or sub-section(2), in the interest of public safety, by order, direct the railway administration that further action under sub-section (2) shall be stopped or the same shall be subject to such conditions as may be specified in that order.
15. Payment of amount for damage or loss.- (1) No suit shall lie against a railway administration to recover any amount for any damage or loss caused in the exercise of the powers conferred by any of the foregoing provisions of this Chapter.
(2) A railway administration shall pay or tender payment for any damage or loss caused in the exercise of the powers conferred by any of the foregoing provisions of this Chapter, and in case of a dispute as to the sufficiency of any amount so paid or tendered or as to the persons entitled to receive the amount, it shall immediately refer the dispute for the decision of the District Judge of the district and his decision thereon shall be final:
Provided that where the railway administration fails to make a reference within sixty days from the date of commencement of the dispute, the District Judge may, on an application made to him bay the person concerned, direct the railway administration to refer the dispute for his decision.
(3) The reference under sub-section (2) shall be treated as an appeal under section 96 of the Code of Civil Procedure, 1908 (5 of 1908) and shall be disposed of accordingly.
(4) Where any amount has been paid as required by sub-section (2), the railway administration shall, notwithstanding anything in any other law for the time being in force, be discharged from all liabilities to any person whatsoever in respect of any amount so paid.
16. Accommodation works.- (1) A railway administration shall make and maintain the following works for the accommodation of the owners and occupiers of lands adjoining the railway, namely:-
(a) such crossings, bridges, culverts and passages over, under or by the sides of, or leading to or from, the railway as may, in the opinion of the State Government, be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway is made; and
(b) all necessary bridges, tunnels, culverts, drains, water sources of other passages, over, under or by the sides of the railway, of such dimensions as will, in the opinion of the State Government, be sufficient at all times to convey water as freely from or to the lands laying near or affected by the railway as it was before the making of the railway or as nearly as possible.
(2) Subject to the other provisions of this Act, the works specified in sub-section (1) shall be made at the cost of the railway administration during or immediately after the laying out or formation of the railway over the lands traversed and in such a manner as to cause as little damage or inconvenience as possible to persons interested in the lands or affected by the works:
(a) a railway administration shall not be required to make any accommodation works in such a manner as would prevent or obstruct the working or using of the railway, or to make any accommodation works with respect to which the owners or occupiers of the lands have been paid compensation in consideration of their not requiring the said works to be made;
(b) save as hereinafter, in this Chapter, provided, no railway administration shall be liable to execute any further or additional accommodation works for the use of the owners or occupiers of the lands after the expiration of tem years from the date on which the railway passing through the lands was first opened for public traffic;
(c) where a railway administration has provided suitable accommodation work for the crossing of a road or stream and the road or stream is afterwards diverted by the act or neglect of the person having the control thereof, the railway administration shall not be compelled to provide any other accommodation work for the crossing of such road or stream.
(3) The State Government may, specify a date for the commencement of any work to be executed under sub-section (1) and, if within three months next after that date, the railway administration fails to commence the work or having commenced it, fails to proceed diligently to execute it, the Central Government shall, on such failure being brought to its notice by the State Government, issue such directions to the railway administration as it thinks fit.
Explanation.- For the purposes of this section, the expression lands shall include public roads.
17. Power of owner, occupier, State Government or local authority to cause additional accommodation works to be made.- (1)If an owner or occupier of any land affected by a railway considers the works made under section 16 to be insufficient for the use of the land, or if the State Government or a local authority desires to construct a public road or other work across, under or over a railway, such owner or occupier, or as the case may be, the State Government or the local authority, may at any time, require the railway administration to make at the expense of the owner or occupier or of the State Government of the local authority, as the case may be, such further accommodation works as are considered necessary and are agreed to by the railway administration.
(2) The accommodation works made under sub-section (1) shall be maintained at the cost of the owner or occupier of the land, the State Government or the local authority, at whose request the works were made.
(3) In the case of any difference of opinion between the railway administration and the owner or occupier, the State Government or the local authority, as the case may be, in relation to-
(i) the necessity of such further accommodation works; or
(ii) the expenses to be incurred on the construction of such further accommodation works; or
(iii) the quantum of expenses on the maintenance of such further accommodation works, it shall be referred to the Central Government whose decision thereon shall be final.
18. Fences, gates and bars.- The Central Government may, within such time as may be specified by it or within such further time, as it may grant, require that-
(a) boundary makes or fences be provided or renewed by a railway administration for a railway or any part thereof and for roads constructed in connection therewith;
(b) suitable gates, chains, bars, stiles or hand-rails be erected or renewed by a railway administration at level crossings;
(c) persons be employed by a railway administration to open and shut gates, chains or bars.
19. Over-bridges and under-bridges.- (1) Where a railway administration has constructed lines of rails across a public road at the same level, the State Government or the local authority maintaining the road, may, at any time, in the interest of public safety, require the railway administration to take the road either under or over the railway by means of a bridge or arch with convenient ascents and descents and other convenient approaches, instead of crossing the road on the level, or to execute such other works as may, in the circumstances of the case, appear to the State Government or the local authority maintaining the road to be best adapted for removing or diminishing the danger arising from the level crossing.
(2) The railway administration may require the State Government or the local authority, as the case may be, as a condition of executing any work under sub-section (1),to undertake to pay the whole of the cost of the work and the expense of maintaining the work, of the railway administration or such proportion of the cost and expenses as the Central Government considers just and reasonable.
(3) In the case of any difference of opinion between the railway administration and the State Government or the local authority, as the case may be, over any of the matters mentioned in sub-section (1), it shall be referred to the Central Government, Whose decision thereon shall be final.
20. Power of Central Government to give directions for safety.- Notwithstanding anything contained in any other law, the Central Government may, if it is of the opinion that any work undertaken or may be undertaken is likely to alter or impede the natural course of water flow or cause an increase in the volume of such flow endangering any cutting, embankment or other work on a railway, issue directions in writing to any person, officer or authority responsible for such work to close, regulate or prohibit that work.
Last updated on May, 2015