(1) The Central Government shall, before giving its sanction to the opening of a railway under section 21, obtain a report from the Commissioner that–
(a) he has made a careful inspection of the railway and the rolling stock that may be used thereon;
(b) the moving and fixed dimensions as laid down by the Central Government have not been infringed;
(c) the structure of lines of rails, strength of bridges, general structural character of the works and the size of, and maximum gross load upon, the axles of any rolling stock, comply with the requirements laid down by the Central Government; and
(d) in his opinion, the railway can be opened for the public carriage of passengers without any danger to the public using it.
(2) If the Commissioner is of the opinion that the railway cannot be opened without any danger to the public using it, he shall, in his report, state the grounds therefor, as also the requirements which, in his opinion, are to be complied with before sanction is given by the Central Government.
(3) The Central Government, after considering the report of the Commissioner, may sanction the opening of a railway under section 21 as such or subject to such conditions as may be considered necessary by it for the safety of the public.
Simplified Explanation
Section 22 outlines the procedural requirements that must be followed before the Central Government sanctions the opening of a railway for public use under Section 21. This ensures that the railway is safe and meets all necessary standards before being used by the public.
Key Provisions:
- Report from the Commissioner:
- Inspection of Railway and Rolling Stock: The Central Government must obtain a report from the Commissioner who has thoroughly inspected the railway and the rolling stock (train cars) that will be used.
- Compliance with Dimensions: The Commissioner must confirm that the moving and fixed dimensions, as set by the Central Government, have been adhered to.
- Structural Compliance: The Commissioner must ensure that the structure of the railway lines, strength of bridges, general structural integrity of works, and the axles of rolling stock meet the standards required by the Central Government.
- Safety Assurance: The Commissioner must affirm that, in their opinion, the railway is safe for public use and that there is no danger to passengers.
- If Safety Concerns Are Raised:
- If the Commissioner believes the railway cannot be safely opened, they must specify the reasons and list any necessary improvements or safety measures that must be implemented before the Central Government grants approval.
- Sanction of the Railway’s Opening:
- The Central Government, after reviewing the Commissioner’s report, may approve the opening of the railway either as-is or with conditions aimed at ensuring public safety.
Implications:
- Thorough Safety Inspections: This section emphasizes that before a railway is opened to the public, it undergoes careful scrutiny to meet safety, structural, and operational standards.
- Role of the Commissioner: The Commissioner plays a key role in ensuring the technical and safety requirements are met before the Central Government can sanction the railway for passenger use.
- Government Oversight: The Central Government maintains oversight and can impose conditions or even withhold approval if safety concerns are not adequately addressed.
Conclusion:
Section 22 ensures that the Central Government can only sanction the opening of a railway after a detailed safety inspection by the Commissioner, who assesses everything from structural integrity to the safety of rolling stock. If any safety concerns arise, they must be resolved before approval is granted.
