The Railway Protection Act, 1886
The Railway Protection Act, 1886
The Railway Protection Act, 1886, is a colonial-era statute designed to safeguard railway infrastructure from potential damage caused by irrigation works, such as tanks, channels, or embankments, located on private land. It empowers District Collectors to inspect these irrigation structures and mandate necessary protective measures if they appear to pose a risk to railway safety. The Act establishes a formal process for landholders to comply with these orders, share costs, or contest them. It also provides a mechanism for landholders to seek compensation for damages incurred during these protective works and outlines procedures for cost recovery through civil courts if necessary.
- 1. Short title and extent
- 2. It extends to the States of Madras and Andhra.
- 3. Power to enter upon and inspect irrigation-works
- 4. Collector considers measures should be taken to protect the railway he shall cause plans and estimates of the necessary measures to be prepared
- 5. The Collector shall cause copies of a vernacular translation of such statement to be fixed in some conspicuous place or places in the village or villages to which the said works belong.
- 6. Collector may cancel or modify the order
- 7. If the order is not cancelled by the Collector to require landholder by notice to execute the measures
- 8. The notice shall contain a copy of such order.
- 9. If landholder fails to execute the measures the Collector shall report to the Central Government for directions as to such measures
- 10. After execution of measures, notice to be served on landholder to pay cost of measures
- 11. Procedure in case of emergency
- 12. Collector to decide what sum the landholder is liable to pay
- 13. Collector may appoint assessors in inquiry regarding liability
- 14. If landholder fails to pay, Collector may file a suit
- 15. Court to try the suit in accordance with the Code of Civil Procedure
- 16. Compensation to landholder for loss or damage by protective measures
- 17. The amount of such compensation shall be fixed by the Collector after such inquiry as he may deem fit.
- 18. If landholder is dissatisfied with the compensation awarded, he may file a suit
- 19. Notice how to be served
- 20. Central Government may authorize revenue-officer to exercise powers of Collector
PDF: pending for this language.