Section 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 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 (1) or sub-section (2) shall be stopped or the same shall be subject to such conditions as may be specified in that order.

Simplified Explanation

Section 14 of the Railways Act, 1989 authorizes railway administrations to take immediate action in situations where there is a risk to the safety and operation of the railway due to obstructions, potential accidents, or damage to infrastructure. It allows for temporary entry upon land to mitigate risks and prevent accidents.

Key Provisions:

1. Immediate Action to Remove Obstructions (Sub-section 1):
   • (a) Danger from Falling Objects: If a railway administration believes that a tree, post, or structure may fall onto the railway and obstruct the movement of rolling stock (trains), it is permitted to take immediate action to prevent the obstruction.
   • (b) Signal Obstruction: If any tree, post, or structure is obstructing the view of a signal meant for the safe movement of trains, the railway administration can take steps to remove the obstruction.
   • (c) Obstruction to Telecommunication Lines: If any tree, post, or structure is obstructing a telephone or telegraph line used by the railway, the administration can take steps to remove it.
2. The railway administration must submit a report to the Central Government detailing the action taken, in a prescribed manner and within a specified time.
3. Action in Case of Slip or Accident (Sub-section 2):
   • (a) Slip or Accident: If there has been a slip or accident to a cutting, embankment, or any other part of the railway, the railway administration can enter adjoining lands to carry out necessary repairs.
   • (b) Risk of Slip or Accident: If there is an apprehension of a slip or accident, the railway can take preventive measures.
4. The administration must submit a report to the Central Government, as per prescribed procedures and timelines.
5. Control by the Central Government (Sub-section 3):
   • After receiving the report from the railway administration, the Central Government may, in the interest of public safety, issue an order to:
     • Stop further action under Sub-section (1) or (2); or
     • Impose conditions on the actions taken by the railway administration.
6. This provides a check on the powers granted to the railway administration, ensuring that further action is in line with public safety and government oversight.

Implications:

• Emergency Measures: Section 14 empowers railway administrations to act swiftly and decisively in situations where immediate danger to railway operations or public safety is apparent. This can involve removing obstructions, repairing infrastructure, or preventing accidents before they occur.
• Government Oversight: Although railway administrations are granted significant powers to act in emergencies, they are required to report to the Central Government, ensuring transparency and accountability. The government also has the authority to stop or regulate further actions if necessary.
• Public Safety: The overriding concern of Section 14 is the protection of public safety. The section balances the railway’s ability to act quickly in emergencies with the requirement for governmental oversight to ensure that actions are taken appropriately and safely.
• Temporary Land Entry: The railway is permitted to enter adjoining land temporarily to perform these actions, which could potentially involve private or government land. However, such entry is authorized only when it is necessary for the immediate safety or operation of the railway.

Conclusion:

Section 14 grants railway administrations the authority to act swiftly in response to safety concerns that could affect the operation of trains or public safety. It balances this emergency power with a system of government oversight to ensure that actions are carried out in a controlled manner, with a focus on public welfare and safety.