Section 9: Facilities to be afforded to Commissioners

A railway administration shall afford to the Commissioner all reasonable facilities for the discharge of the duties or for the exercise of the powers imposed or conferred on him by or under this Act.

Simplified Explanation

Section 9 of the Railways Act, 1989 mandates that railway administrations must provide the Commissioner of Railway Safety with all reasonable facilities required for the discharge of their duties or the exercise of their powers under the Act.

Key Points:

  1. Duty of Railway Administrations:
    • Railway administrations are required to assist the Commissioner by providing the necessary resources, support, and access to infrastructure, facilities, and personnel that enable the Commissioner to perform their functions effectively.
  2. Reasonable Facilities:
    • The term “reasonable facilities” refers to any assistance or resources that are deemed appropriate for enabling the Commissioner to carry out their inspection, safety assessments, and other responsibilities under the Act. This could include access to railway stations, trains, documents, staff, and any necessary information.
  3. Discharge of Duties and Powers:
    • The facilities are provided to help the Commissioner with tasks such as inspecting railways, ensuring safety compliance, investigating accidents, and carrying out other duties as specified under the Act.

Implications:

  • Compliance by Railway Administrations: Railway administrations must cooperate with the Commissioner, providing whatever is reasonably necessary for the Commissioner to inspect railways, carry out safety audits, and investigate accidents.
  • Failure to Provide Facilities: If a railway administration fails to provide the required facilities, it could hinder the Commissioner in fulfilling their duties, which might result in legal consequences for the administration.

Conclusion:

Section 9 ensures that railway administrations are legally obligated to provide the Commissioner of Railway Safety with all necessary support, resources, and access to conduct their work effectively, thereby enhancing railway safety and compliance.

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