Section 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 or 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 lying 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:

Provided that–

(a) a railway administration shall not be required to make any administration shall be liable to execute any further or additional 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 ten 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.

Simplified Explanation

Section 16 of the Railways Act, 1989 mandates that railway administrations must provide accommodation works for the benefit of the owners and occupiers of lands that are adjacent to or affected by the construction and operation of the railway. The section outlines the responsibilities of the railway administration in ensuring that the infrastructure of the railway does not unduly disrupt the use of surrounding lands.

Key Provisions:

1. Accommodation Works (Sub-section 1):
   • The railway administration is required to make and maintain certain infrastructure to accommodate the owners and occupiers of the lands adjacent to the railway. These works include:
     • Crossings, bridges, culverts, and passages: These must be provided where the railway causes interruptions to the normal use of the land. The State Government will assess whether these works are necessary.
     • Water conveyance works: The railway administration must construct works (such as bridges, tunnels, culverts, and drains) that allow the flow of water across or through the railway, ensuring that it can flow freely, or as close to the previous conditions as possible, from or to adjacent lands.
2. Costs and Execution (Sub-section 2):
   • The railway administration must bear the cost of constructing the accommodation works specified in sub-section 1. These works should be made either during or immediately after the construction of the railway, and they must be designed in a way that minimizes damage or inconvenience to the landowners and occupiers.
   • However, the railway administration is not required to execute further works if:
     • The landowners have already been compensated for the accommodation works and have agreed not to request additional works.
     • No further works are required after ten years from the date the railway was opened for public traffic.
     • If the landowners divert a road or stream after the accommodation works have been provided, the railway administration is not obligated to provide alternative accommodation works.
3. State Government Oversight (Sub-section 3):
   • The State Government can specify a date for the commencement of the accommodation works. If the railway administration fails to start the work within three months of that date, or does not proceed diligently once the work has started, the Central Government will issue directions to the railway administration.
   • This provision ensures that the railway administration is held accountable for the timely execution of accommodation works, with oversight by both the State and Central Governments.
4. Definition of ‘Lands’ (Explanation):
   • For the purposes of this section, the term “lands” is defined broadly to include public roads. This means that the railway administration’s obligation to accommodate extends not only to private lands but also to public infrastructure like roads.

Implications:

• Protection of Adjacent Landowners: This section ensures that individuals or entities whose lands are affected by the construction or operation of the railway are provided with necessary infrastructure to continue their activities. This may include safe crossings or provisions for the uninterrupted flow of water, which might be blocked by the railway.
• Cost-Bearing by Railway Administration: The financial burden of these accommodation works falls on the railway administration, which must complete these works to the satisfaction of the State Government, thereby protecting the interests of affected landowners.
• Time Limit for Additional Works: After ten years from the opening of the railway for public traffic, the railway administration is no longer required to undertake additional accommodation works, unless otherwise stipulated. This time frame provides clarity and limits the potential ongoing liabilities of the railway administration.
• State and Central Government Oversight: The involvement of both the State and Central Governments ensures that the accommodation works are carried out efficiently and within a reasonable time frame, and that failure to do so results in government intervention.
• Diversions by Landowners: The railway administration is not responsible for providing new accommodation works if the diversion of roads or streams is caused by the act or neglect of the landowners or authorities in charge. This clarifies the limits of the railway administration’s responsibility.

Conclusion:

Section 16 ensures that railway construction and operations do not unduly disrupt the adjacent landowners and occupiers by requiring the provision of necessary accommodation works, such as crossings, water conveyance structures, and other infrastructure. It places the financial and execution responsibility on the railway administration while establishing clear guidelines regarding timeframes, responsibilities, and limitations of further works.