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The Railways Act, 1890

( ACT NO. IX Of 1890 )

Chapter IV

OPENING OF THE RAILWAY

Right to use locomotives
16. (1) The railway administration may, with the previous sanction of the Government, use upon the railway locomotive engines or other motive power, and rolling-stock to be drawn or propelled thereby(2) But rolling-stock shall not be moved upon the railway by steam or other motive power until such general rules for the railway as may be deemed to be necessary have been made, sanctioned and published under this Act.
Notice of intended opening of the railway
17. (1) Subject to the provisions of sub-section (2), the railway administration shall, one month at least before it intends to open any railway for the public carriage of passengers, give to the Government notice in writing of its intention.
 
 
(2) The Government may, in any case, if it thinks fit, reduce the period of, or dispense with, the notice mentioned in sub-section (1).
Sanction of the government a condition precedent to the opening of the railway
18. The railway shall not be opened for the public carriage of passengers until the Government, or an Inspector empowered by the Government, in this behalf, has by order sanctioned the opening thereof for that purpose.
Procedure in sanctioning the opening of the railway
19. (1) The sanction of the Government under the last foregoing section shall not be given until an Inspector has, after inspection of the railway, reported in writing to the Government-
 
 
(a) that he has made a careful inspection of the railway and rolling-stock;
 
 
(b) that the moving and fixed dimensions prescribed by the Government have not been infringed;
 
 
(c) that the weight 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 are such as have been prescribed by the Government;
 
 
(d) that the railway is sufficiently supplied with rolling-stock;
 
 
(e) that general rules for the working of the railway when opened for the public carriage of passengers have been made, sanctioned and published under this Act; and
 
 
(f) that in his opinion, the railway can be opened for the public carriage of passengers without danger to the public using it.
 
 
(2) If in the opinion of the Inspector the railway cannot be so opened without danger to the public using it, he shall state that opinion, together with the grounds therefor, to the Government, and the Government may thereupon order the railway administration to postpone the opening of the railway.
 
 
(3) An order under the last foregoing sub-section must set forth the requirements to be complied with as a condition precedent to the opening of the railway being sanctioned, and shall direct the postponement of the opening of the railway until those requirements have been complied with or the Government is otherwise satisfied that the railway can be opened without danger to the public using it.
 
 
(4) The sanction given under this section may be either absolute or subject to such conditions as the Government thinks necessary for the safety of the public.
 
 
(5) When sanction for the opening of the railway is given subject to conditions, and the railway administration fails to fulfil those conditions, the sanction shall be deemed to be void and the railway shall not be worked or used until the conditions are fulfiled to the satisfaction of the Government.
Application of the provisions of the three last foregoing sections to material alterations of the railway
20. (1) The provisions of sections 17, 18 and 19 with respect to the opening of the railway shall extend to the opening of the works mentioned in sub-section (2) when those works form part of, or are directly connected with, the railway used for the public carriage of passengers and have been constructed after the inspection which preceded the first opening of the railway.
 
 
(2) The works referred to in sub-section (1) are additional lines of railway, deviation lines, stations, junctions and crossings on the level, and any alteration or re-construction materially affecting the structural character of any work to which the provisions of sections 17, 18 and 19 apply or are extended by this section.
Exceptional provision
21. When an accident has occurred resulting in a temporary suspension of traffic, and either the original line and works have been rapidly restored to their original standard, or a temporary diversion has been laid for the purpose of restoring communication, the original line and works so restored, or the temporary diversion, as the case may be, may, in the absence of the Inspector, be opened for the public carriage of passengers, subject to the following conditions, namely:-
 
 
(a) that the railway servant in charge of the works undertaken by reason of the accident has certified in writing that the opening of the restored line and works, or of the temporary diversion, will not in his opinion be attended with danger to the public using the line and works of the diversion; and
 
 
(b) that notice by telegraph of the opening of the line and works or the diversion shall be sent, as soon as may be, to the Inspector appointed for the railway.
Power to make rules with respect to the opening of railways
22. The Government may make rules defining the cases in which, and in those cases the extent to which, the procedure prescribed in sections 17 to 20 (both inclusive) may be dispensed with.
Power to close an opened railway
23. (1) When, after inspecting any open railway used for the public carriage of passengers, or any rolling-stock used thereon, an Inspector is of opinion that the use of the railway or of any specified rolling-stock will be attended with danger to the public using it, he shall state that opinion, together with the grounds therefor, to the Government; and the Government may thereupon order that the railway be closed for the public carriage of passengers, or that the use of the rolling-stock so specified be discontinued, or that the railway or the rolling-stock so specified be used for the public carriage of passengers on such conditions only as the Government may consider necessary for the safety of the public.
 
 
(2) An order under sub-section (1) must set forth the grounds on which it is founded.
Re-opening of a closed railway
24. (1) When the railway has been closed under the last foregoing section, it shall not be re-opened for the public carriage of passengers until it has been inspected and its re-opening sanctioned, in accordance with the provisions of this Act.
 
 
(2) When the Government has ordered under the last foregoing section that the use of any specified rolling-stock be discontinued, that rolling-stock shall not be used until an Inspector has reported that it is fit for use and the Government has sanctioned its use.
 
 
(3) When the Government has imposed under the last foregoing section any conditions with respect to the use of any railway or rolling-stock, those conditions shall be observed until they are withdrawn by the Government.
Delegation of powers under this Chapter to Inspectors
25. (1) The Government may, by general or special order, authorise the discharge of any of its functions under this Chapter by an Inspector, and may cancel any sanction or order given by an Inspector discharging any such function or attach thereto any condition which the Government might have imposed if the sanction or order had been given by itself.
 
 
(2) A condition imposed under sub-section (1) shall for all the purposes of this Act have the same effect as if it were attached to a sanction or order given by the Government.

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Ministry of Law, Justice and Parliamentary Affairs