(1) Where a railway administration has constructed lines of rails across a public road at the same level, the State Government or the local authority maintaining the road, may, at any time, in the interest of public safety, require the railway administration to take the road either under or over the railway by means of a bridge or arch with convenient ascents and descents and other convenient approaches, instead of crossing the road on the level, or to execute such other works as may, in the circumstances of the case, appear to the State Government or the local authority maintaining the road to be best adapted for removing or diminishing the danger arising from the level crossing.
(2) The railway administration may require the State Government or the local authority, as the case may be, as a condition of executing any work under sub-section (1), to undertake to pay the whole of the cost of the work and the expense of maintaining the work, to the railway administration or such proportion of the cost and expenses as the Central Government considers just and reasonable.
(3) In the case of any difference of opinion between the railway administration and the State Government or the local authority, as the case may be, over any of the matters mentioned in sub-section (1), it shall be referred to the Central Government, whose decision thereon shall be final.
Simplified Explanation
Section 19 of the Railways Act, 1989 addresses the issue of level crossings where railways intersect with public roads. This section empowers the State Government or local authority to take action to eliminate or reduce the dangers associated with such crossings, specifically by requiring the construction of overbridges or underbridges to provide safe passage for both road and rail traffic.
Key Provisions:
- Requirement to Construct Overbridges or Underbridges (Sub-section 1):
- If a railway administration has constructed railway lines that intersect a public road at the same level (level crossing), the State Government or local authority responsible for maintaining the road may require the railway administration to take measures to improve safety.
- These measures include:
- Constructing a bridge or arch that takes the road either under or over the railway line, with suitable ascents, descents, and approaches to ensure safety and convenience.
- Alternatively, the authorities may require the railway administration to undertake other works to reduce or remove the danger arising from the level crossing.
- Cost of the Works (Sub-section 2):
- The railway administration may require the State Government or local authority to pay the full cost of constructing and maintaining the overbridge or underbridge.
- Alternatively, the State Government or local authority may be required to pay only a proportion of the costs, as determined by the Central Government based on what is considered just and reasonable.
- This clause outlines the financial responsibilities associated with executing the works required by the State or local authorities.
- Disputes Between Railway Administration and State/Local Authority (Sub-section 3):
- In case of a dispute between the railway administration and the State Government or local authority regarding the construction or maintenance of overbridges or underbridges, the matter will be referred to the Central Government.
- The Central Government’s decision on such matters will be final, ensuring a clear and binding resolution.
Implications:
- Public Safety: This section prioritizes public safety by addressing the risks associated with level crossings. The requirement to construct overbridges or underbridges helps prevent accidents at busy crossings, particularly in areas where railways cross major roads.
- Collaboration Between Railway and Local Authorities: It ensures that both railway administration and local authorities work together in the interest of public safety. The involvement of both parties in planning and executing safety measures ensures that the needs of both railways and road traffic are met.
- Cost-Sharing: The provision for sharing the costs between the State Government, local authority, and railway administration ensures that the financial burden of such infrastructure projects is distributed equitably. This is especially important for the maintenance of overbridges and underbridges after they are constructed.
- Dispute Resolution: By providing a clear mechanism for resolving disputes through the Central Government, this section ensures that delays and conflicts are minimized, allowing for timely implementation of safety measures.
Conclusion:
Section 19 of the Railways Act, 1989 plays a critical role in improving safety at level crossings, where railways intersect with public roads. It gives State Governments and local authorities the power to require overbridges or underbridges to eliminate the dangers of level crossings, ensuring safe passage for both road and rail traffic. The section also sets out clear guidelines for cost-sharing and provides a mechanism for dispute resolution, ensuring efficient implementation of safety measures.
