Section 29: Power to make rules in respect of matters in this Chapter

(1) The Central Government may, by notification, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:–

(a) the duties of a railway administration and the Commissioner in regard to the opening of a railway for the public carriage of passengers;

(b) the arrangements to be made for and the formalities to be complied with before opening a railway for the public carriage of passengers;

(c) for regulating the mode in which, and the speed at which rolling stock used on railways is to be moved or propelled; and

(d) the cases in which and the extent to which the procedure provided in this Chapter may be dispensed with.

Simplified Explanation

Section 29 grants the Central Government the authority to make rules to effectively carry out the provisions of the chapter related to the opening and operation of railways for the public carriage of passengers. These rules are intended to regulate various aspects of railway safety and operations.

Key Provisions:

  1. General Power to Make Rules:
    • The Central Government may issue rules through a notification to ensure the implementation of this chapter’s provisions.
    • This rule-making power allows the government to set the regulatory framework for the various processes involved in operating railways for passenger services.
  2. Specific Matters for Rule-making: The rules may address several specific aspects, including:
    • Duties of Railway Administration and Commissioner: The rules may specify the responsibilities of both the railway administration and the Commissioner regarding the opening of railways for public use.
    • Opening Formalities: The rules may outline the arrangements and formalities that need to be complied with before a railway can be opened for public use, ensuring that the necessary safety and operational checks are completed.
    • Regulating Movement of Rolling Stock: The rules may regulate the mode and speed at which rolling stock (trains, coaches, etc.) is to be moved or propelled, establishing operational standards.
    • Dispensation from Procedure: The rules may also define the cases in which the procedures set forth in this chapter can be relaxed or dispensed with, allowing for flexibility in certain circumstances.

Provisions Explained:

  • Regulatory Framework: This section empowers the government to create detailed rules that govern the operational and safety aspects of railways. It ensures that railways operate in a safe, regulated manner by setting clear guidelines for operations, opening procedures, and speed regulations.
  • Flexibility in Rule Application: By allowing the government to determine when procedures may be waived, Section 29 offers a degree of flexibility in certain situations, where strict compliance with the rules might not be practical or necessary, but the safety of the public remains paramount.

Conclusion:

Section 29 provides the Central Government with the authority to create rules for the smooth implementation of the provisions regarding the opening and operation of railways for public carriage. This ensures that all operational, safety, and procedural aspects are properly regulated, while also allowing flexibility where needed.

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