Text of Section 187:
- No Rolling Stock, Machinery, Plant, Tools, Fittings, Materials, or Effects used or provided by a railway administration for the purpose of traffic on its railway, or for its stations or workshops, shall be liable to be taken in execution of any decree or order of any court or local authority or person having by law the power to attach or distrain property, or otherwise to cause property to be taken in execution, without the previous sanction of the Central Government.
- Exception: Nothing in sub-section (1) shall be construed to affect the authority of any court to attach the earnings of a railway in execution of a decree or order.
Explanation of Section 187:
Overview:
Section 187 provides protection to the essential property of railway administrations, including rolling stock, machinery, tools, materials, and other equipment. This property, which is crucial for the functioning of the railway system, cannot be taken or seized in execution of court orders, local authority actions, or any legal proceedings unless the Central Government grants prior approval.
Key Provisions:
- Restriction on Execution:
- This section prevents the seizure or attachment of certain types of railway property, specifically those that are necessary for railway operations.
- These properties include rolling stock (trains, carriages), machinery, tools, fittings, materials, and any effects that a railway administration uses for providing services like transport or for the maintenance of stations and workshops.
- If a court or local authority orders the seizure of such property in the execution of a decree (a court order or legal judgment), prior sanction from the Central Government is required.
- Exceptions:
- While the section restricts the seizure of physical assets related to the functioning of railways, it does not affect the authority of a court to attach the earnings of the railway (revenue generated through ticket sales, freight charges, etc.) for the execution of a decree or order. This means that the revenue generated by the railway can still be seized in order to satisfy debts or court orders.
Practical Implications:
- Protection of Railway Operations:
- The purpose of this provision is to protect the operational integrity of the railway system. Seizing essential assets like trains, machinery, or station equipment could disrupt railway services, affecting the public transportation system.
- Therefore, by requiring prior approval from the Central Government, the section ensures that critical infrastructure is not unnecessarily disrupted or seized in a legal dispute.
- Safeguarding Government Interests:
- Since railways are a vital public service, the Central Government holds significant control over its assets. The requirement for government approval ensures that public infrastructure is protected, even in situations where the railway administration is involved in legal disputes.
- Attachment of Railway Earnings:
- The section explicitly allows courts to seize earnings from the railway, such as ticket sales or freight charges. This ensures that, even if physical assets cannot be seized, the railway can still be held financially accountable.
- This exception prevents the railway from avoiding debt payments or obligations through its revenue.
- Legal and Financial Protection:
- This section provides a layer of legal protection for the railway, ensuring that legal action does not jeopardize its ability to operate. It also makes sure that the Central Government oversees any decision to interfere with the railway’s functioning, keeping operations running smoothly.
Conclusion:
Section 187 strikes a balance between ensuring that legal judgments or debts are honored and protecting the operational integrity of the railway system. It ensures that the physical assets critical to railway operations are safeguarded from seizure, while still allowing for the attachment of railway earnings in legal matters.
