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The Railways Act, 1890

( ACT NO. IX OF 1890 )

Chapter IV

OPENING OF THE RAILWAY

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.

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Ministry of Law, Justice and Parliamentary Affairs