(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 alteration 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).
Simplified Explanation
Section 12 of the Railways Act, 1989 provides railway administrations with the authority to alter the positions of certain utilities and infrastructure, such as pipes, electric supply lines, drains, and sewers, for the purposes of railway construction and maintenance. However, this power is exercised subject to certain procedural requirements to ensure coordination with local authorities and other stakeholders.
Key Provisions:
- Alteration of Utility Infrastructure:
- Railway administrations are empowered to alter the positions of utilities, which include gas, water, oil, or compressed air pipes, electric supply lines, drains, and sewers, whenever such alterations are necessary for the exercise of their powers under the Railways Act.
- Notice Requirement:
- Before making any changes to the position of these utilities, the railway administration must notify the local authority or the person responsible for the control of the utilities. The notice must indicate the time when the work of alteration is scheduled to begin.
- Satisfaction of the Local Authority:
- The railway administration must carry out the alterations in a manner that meets the reasonable satisfaction of the local authority or the person who has been notified. This ensures that the alterations do not cause undue disruption or inconvenience to existing infrastructure and services.
Implications:
- Coordination with Local Authorities:
- The notice requirement ensures that the railway administration engages in consultation with local authorities and stakeholders who are responsible for the affected utilities, promoting collaboration and avoiding conflicts.
- Minimizing Disruption:
- By ensuring that the alterations are done to the satisfaction of the relevant parties, this provision seeks to minimize any disruptions to essential services like water, gas, electricity, and drainage during railway construction or maintenance activities.
- Regulatory Compliance:
- The provision ensures that the railway administration’s work is compliant with regulations and existing infrastructure management systems, while still granting the railway authority the flexibility to alter utilities when necessary for its operations.
Conclusion:
Section 12 grants railway administrations the necessary powers to make alterations to utilities like pipes, electric lines, and sewers for the construction and maintenance of railway infrastructure. The provisions ensure that such alterations are made with proper notice and to the satisfaction of the local authority or responsible persons, minimizing disruption to public utilities and promoting effective coordination between the railways and local bodies.
