The Railways Act, 1989

Section 26: Re-opening of closed railway

When the Central Government has, under section 25, directed the closure of a railway or the discontinuance of the use of any rolling stock–

(a) the railway shall not be re-opened for the public carriage of passengers until it has been inspected by the Commissioner and its re-opening is sanctioned in accordance with the provisions of this Chapter; and

(b) the rolling stock shall not be used until it has been inspected by the Commissioner and its re-use is sanctioned in accordance with the provisions of this Chapter.

Simplified Explanation

Section 26 outlines the procedures to be followed when a railway that has been closed under Section 25 is to be re-opened, or when rolling stock that has been discontinued is to be reused. The re-opening and re-use are conditional upon safety inspections and approvals.

Key Provisions:

  1. Re-opening of Railway:
    • If the Central Government has ordered the closure of a railway (due to safety concerns under Section 25), the railway cannot be re-opened for the public carriage of passengers until:
      • It has been inspected by the Commissioner, and
      • The re-opening is sanctioned by the Central Government in accordance with the provisions of the relevant chapter.
  2. Re-use of Rolling Stock:
    • Similarly, if the use of any rolling stock (trains or other vehicles used on the railway) has been discontinued, it cannot be reused until:
      • The rolling stock has been inspected by the Commissioner, and
      • The re-use is sanctioned by the Central Government in accordance with the provisions of this chapter.

Implications:

  • Safety Assurance: This section emphasizes the necessity of a formal safety inspection before any railway or rolling stock is allowed back into service, ensuring public safety is prioritized after a closure or suspension due to safety concerns.
  • Regulatory Compliance: The re-opening or re-use of the railway or rolling stock cannot proceed without complying with the established safety standards, which are verified through inspection and sanctioning by the Commissioner and the Central Government.
  • Preventive Measures: This process ensures that no unsafe infrastructure or equipment is returned to service unless it meets the required safety standards.

Conclusion:

Section 26 ensures that any railway previously closed for safety reasons or rolling stock that was discontinued due to safety issues cannot return to service until a thorough inspection by the Commissioner is conducted, and the Central Government grants its approval. This reinforces the importance of continuous safety assessments to protect the public.

Vardhaman Raj

Vardhaman Raj is a distinguished advocate with over 25 years of experience in the Indian legal system. Vardhaman has dedicated his career to criminal law and civil rights, gaining a reputation for his unwavering integrity, meticulous attention to detail, and compassionate advocacy for his clients. Vardhaman's expertise spans various legal areas, including criminal defence, family law, and public interest litigation.

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