Nothing in sections 11 and 12 shall authorise–
(a) a railway administration of the Government railway to do anything 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.
Simplified Explanation
Section 13 of the Railways Act, 1989 ensures the protection of government-owned lands, buildings, and works by restricting the powers granted to railway administrations under Sections 11 and 12.
Key Provisions:
- Consent Requirement for Government Property:
- (a) Government Railway: A railway administration of the Government railway is not authorized to carry out any work on or to any works, lands, or buildings that are vested in or in the possession of a State Government unless it has received prior consent from the State Government.
- (b) Non-Government Railway: Similarly, a railway administration of a non-Government railway cannot perform any work on or to any works, lands, or buildings that are vested in or in the possession of the Central Government or a State Government without obtaining the consent of the concerned government.
Implications:
- Government Consent: This provision ensures that the government (either the Central or State) maintains control over its properties and prevents unauthorized alterations, constructions, or disruptions by railway administrations.
- Legal Protection for Government Property: The section provides a legal safeguard for government-owned assets, ensuring that any actions that may affect government property are carefully regulated and consented to by the appropriate authorities.
- Inter-Governmental Coordination: The provision facilitates coordination between the different levels of government (Central and State) and railway administrations, especially when railway works may impact public property, infrastructure, or land holdings.
- Ensuring Property Rights: The section helps in safeguarding property rights of the governments, preventing any infringement or encroachment by non-governmental or even government-owned railways, thus ensuring the protection of public interests.
Conclusion:
Section 13 acts as a protective mechanism for government-owned works, lands, and buildings. It mandates that railway administrations, whether government or non-government, must obtain prior consent from the relevant government authorities before undertaking any work that could affect government property. This ensures accountability, coordination, and respect for government property in railway operations.
