1[4D. Functions of Authority.– (1) The Authority shall discharge such functions and exercise such powers of the Central Government in relation to the development of railway land and as are specifically assigned to it by the Central Government.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may assign to the Authority all or any of the following functions, namely:–
(i) to prepare scheme or schemes for use of railway land in conformity with the provisions of this Act;
(ii) to develop railway land for commercial use as may be entrusted by the Central Government for the purpose of generating revenue by non-tariff measures;
(iii) to develop and provide consultancy, construction or management services and undertake operation in India in relation to the development of land and property;
(iv) to carry out any other work or function as may be entrusted to it by the Central Government, by order in writing.]
1. Ins. by Act 47 of 2005, s. 3 (w.e.f. 30-8-2006).
Simplified Explanation
Section 4D of the Railways Act, 1989 outlines the functions and powers of the Rail Land Development Authority (RLDA). The section gives the RLDA the responsibility of developing railway land in accordance with the directives of the Central Government.
Sub-section (1): General Functions and Powers
- The Rail Land Development Authority (RLDA) is tasked with discharging the functions and exercising the powers of the Central Government that are related to the development of railway land.
- These functions and powers are specifically assigned to the RLDA by the Central Government through relevant notifications or orders.
Sub-section (2): Specific Functions
Without limiting the general powers of the RLDA, the Central Government can assign it a variety of specific functions. These include, but are not limited to, the following:
- Preparation of Schemes for Railway Land Use
- The RLDA is responsible for preparing schemes for the use of railway land, ensuring that such use is in conformity with the provisions of the Railways Act, 1989. This could involve planning how railway land can be optimally used for different purposes while adhering to legal frameworks.
- Development of Railway Land for Commercial Use
- The RLDA is authorized to develop railway land for commercial purposes as assigned by the Central Government. This is aimed at generating revenue through non-tariff measures, meaning the RLDA will look at ways of utilizing the land for income-generating activities that are not related to traditional railway fares or freight charges.
- Consultancy, Construction, and Management Services
- The RLDA is allowed to develop and provide consultancy, construction, or management services related to the development of railway land and properties. This means the RLDA may take on a more active role in the construction and management of projects that make use of railway land, both in terms of physical development and administrative functions.
- Undertaking Other Functions as Entrusted
- The RLDA may be assigned other specific functions by the Central Government through a formal order in writing. This ensures that the RLDA can be adaptable to new needs or changes in the scope of its responsibilities.
Conclusion
Section 4D grants the Rail Land Development Authority (RLDA) a broad range of powers and responsibilities aimed at the development and commercialization of railway land. By assigning these specific functions to the RLDA, the Central Government aims to optimize the use of railway land, generate revenue, and involve the RLDA in a variety of related tasks such as consultancy, construction, and management services. This structure ensures that the RLDA plays a central role in modernizing and utilizing the vast land holdings of the Indian Railways.