Where, after the inspection of any railway opened and used for the public carriage of passengers or any rolling stock used thereon, the Commissioner is of the opinion that the use of the railway or of any rolling stock will be attended with danger to the public using it, the Commissioner shall send a report to the Central Government who may thereupon direct that–
(i) the railway be closed for the public carriage of passengers; or
(ii) the use of the rolling stock be discontinued; or
(iii) the railway or the rolling stock may be used for the public carriage of passengers subject to such conditions as it may consider necessary for the safety of the public.
Simplified Explanation
Section 25 empowers the Commissioner to take action regarding the safety of railways and rolling stock used for public carriage of passengers, based on their inspection. If the Commissioner determines that there is a danger to the public using the railway or rolling stock, the following steps can be taken:
Key Provisions:
- Commissioner’s Report:
- After inspecting a railway that is open for public use or any rolling stock (such as trains) being used, if the Commissioner believes there is a danger to the public, they must submit a report to the Central Government.
- Action by the Central Government: Upon receiving the report, the Central Government can take one of the following actions:
- Closure of the Railway: The railway may be closed for public carriage of passengers if deemed unsafe.
- Discontinuation of Rolling Stock: If specific rolling stock is found to be unsafe, the use of that rolling stock may be discontinued.
- Conditional Use: The railway or rolling stock may continue to be used for passenger service but only under conditions set by the Central Government to ensure public safety.
Implications:
- Public Safety Priority: This section reinforces the importance of public safety, giving the Commissioner the authority to intervene when there is a risk to passengers.
- Government Control: It provides the Central Government with the power to enforce safety measures, whether by closing the railway, discontinuing the use of unsafe rolling stock, or imposing additional safety conditions.
- Responsive Safety Measures: The provisions allow for flexible responses to safety concerns, ensuring that prompt action can be taken to protect the public without permanent disruption to services.
Conclusion:
Section 25 grants significant authority to the Commissioner to act when there is a safety concern regarding public use of a railway or rolling stock. The Central Government can then intervene to either close the railway, stop the use of dangerous rolling stock, or impose safety conditions to prevent harm to passengers. This ensures that the public carriage of passengers is continuously monitored for safety and can be promptly adjusted as needed.
