The Railway Protection Act, 1886

This Act may be called the Railway Protection Act, 1886.

Definitions In this Act- the term "landholders" shall be taken to include all persons holding under a sanad-i-milkiyat-i-istimrar, all other zamindars, shrotriemdars, jagirdars, inamdars and all persons farming the land-revenue under Government, but shall not include holders of lands under raiyatwari settlement: "railway" means a railway for the public conveyance of passengers or goods; it includes-

1. (a) all land within the fences or other boundary marks prescribed under section 62, Act IV of 1879 (India);
2. (b) all lines of rail, sidings or branches worked over for the purposes of, or in connection with, a railway;
3. (c) all stations, offices, warehouses, fixed machinery and other works constructed for the purposes of, or in connection with, a railway; "irrigation-works" means and includes tanks, river-channels, embankments, sluices, weirs, rovetdents and other works of a like description situated upon the lands of landholders.

The Collector of the district or any officer appointed by him on that behalf may at any time enter upon the land of any landholder and inspect, or cause to be inspected, any irrigation-works which shall be so situated within such lands that any railway may appear liable to be injured from the escape or overflow of water therefrom.

Whenever it shall appear necessary to the Collector that measures should be taken in respect of any irrigation-work for the protection of any railway, he shall cause to be prepared plans and estimates specifying the measures which, having regard to the safety of the railway and the interests of the landholders, tenants and other persons concerned, he may think necessary, and he shall also record a statement showing with reasons how far, in his opinion, the landholder in possession of, or having control over, the said work is liable to contribute towards the expenses to be incurred in carrying out the said measures. Such statement shall contain-

1. (1) a description of the works upon which the measures are to be executed;
2. (2) the name of any landholder who, to the best of the Collector's information and belief, is in possession of, or has control over, such works;
3. (3) the proportion, if any, of the estimated expenditure which is to be borne by the landholder.

Collector to send the plans and estimates to the landholder concerned, with an order to him to take the measures specified or to show cause why he should not do so The Collector shall, upon the completion of the plans, estimates and statement mentioned in the last preceding section, send copies thereof to the landholder named in the statement as being in possession of, or having control over, the irrigation-works described therein, together with an order in writing requiring the landholder so named as aforesaid within a reasonable time fixed in the notice to carry out the measures specified in the said plans and estimates, or to appear before the Collector and show cause why he should not carry out the same.

If the landholder appears before the Collector and satisfies him, after such inquiry as he thinks fit, that he is not the landholder in possession of, or having control over, the works named in the statement, or that other measures than those proposed may, with due regard to the safety of the railway be adopted for the protection thereof, or that he ought not to bear the whole or any part of the cost which he has been called upon to bear for the purpose of carrying out the proposed measures, the Collector shall cancel or modify the order accordingly.

If the order is not cancelled by the Collector, he shall by a written notice call upon the landholder so named as aforesaid to carry out, within a reasonable time to be named in the notice, the measures specified in the order as originally issued or modified, as the case may be.

If tenants interested may make representation to Collector as to the nature of proposed measures Pending such an inquiry by the Collector or at any time within thirty days of the date when the copy of the notice is fixed as aforesaid, it shall be lawful for the tenants or other persons concerned to appear before the Collector and make such representations as they may think fit with regard to the nature of the proposed measures.

In the event of the measures specified in the order mentioned in section 7 not being carried out within the time fixed, the Collector shall report the matter for the orders of the Central Government which may direct that the proposed measures be carried out, or pass such other orders as it may deem fit. A copy of the order of the Central Government shall be sent to the landholder, and shall be published in the Gazette of the district or of districts concerned.

After the execution of the said measures, the Collector shall cause to be served upon the landholder a memorandum showing the total cost incurred in the execution of the same and the sum which, in the opinion of the Collector, the landholder is liable to pay, together with a notice requiring him to pay the same within a time to be fixed in such notice.

In cases in which, in the opinion of the Collector of any district in which any irrigation-work may be situated, the immediate execution of any measures in respect of such work is necessary for preventing serious danger to life or property, or serious obstruction to public traffic upon any railway, he may order the execution of such measures, and shall without unnecessary delay record a statement showing the ground of his opinion and the material facts of the case. A copy of the statement shall be served upon the landholder who, according to the Collector's information, is in possession of, or has control over, such work, together with a memorandum showing the nature of the measures executed, the total cost thereof, and the sum which, in the opinion of the Collector, the said landholder is liable to pay, and with a notice calling upon him, within a reasonable time to be fixed therein, to pay the same, or to appear before the Collector and show cause why he should not pay the same.

If the landholder appears before the Collector and shows cause under section 11, the Collector shall, after such inquiry as he may deem fit, decide what sum, if any, the landholder is liable to pay, and shall cause a notice to be served upon him calling upon him to pay the same within a time to be fixed therein.

In the inquiry held by the Collector under section 6 or section 12, the Collector may, on the application of the landholder, appoint, for the purpose of ascertaining the liability of the landholder and the extent thereof, not more than five assessors, of whom not less than half shall be nominated by the Collector and the remainder by the landholder; may summon such assessors to attend at such place and time as the Collector thinks fit ; and may fix a time within which they are to submit their opinion.

If any landholder, upon whom a notice shall have been served under section 10, section 11 or section 12, shall neglect or refuse to pay the sum mentioned therein in whole or in part, the Collector may file a suit in the Civil Court for the recovery of the said sum or such part thereof as may remain unpaid.

The Court shall thereupon proceed to try the suit and pass a decree in the manner provided by the Code of Civil Procedure for the hearing of suits: Provided that the said landholder shall not in any such suit be held liable in an amount exceeding that which he, in the exercise of due and proper care as a landholder, would have expended on the maintenance of the works mentioned in the order made as aforesaid.

Any landholder or other person shall be entitled to reasonable compensation for any loss or damage occasioned to him by, or in the course of the execution of, any of the measures taken under section 6 or section 7 or section 9 or section 11.

Collector may appoint assessors in inquiry regarding compensation For the purposes of this inquiry the Collector may, on the application of the claimant, appoint not more than five assessors, of whom not less than half shall be nominated by the Collector and the remainder by the claimant; may summon such assessors to attend at such place and time as the Collector thinks fit ; and may fix a time within which they are to submit their opinion.

In the event of the Collector and the said landholder or other person being unable to agree as to the amount of such compensation, it shall be lawful for the said landholder or other person to file a suit in the Civil Court for the recovery of such compensation.

Every notice given under the provisions of this Act shall, if practicable, be served personally on the person to whom it is addressed; or, if he cannot be found, the notice may be left at his usual or last known place of abode with some adult member of his family, servant or agent, or may be sent by a registered letter, or may be put upon some conspicuous part of his usual or last known place of abode, and shall thereby be deemed to have been duly presented or served.

The Central Government may, by notification published in the State Official Gazette, and in the Gazette of the district or districts concerned, from time to time, authorize any revenue-officer not below the rank of Deputy Collector to exercise any of the powers of a Collector under this Act, and may in like manner at any time withdraw or modify such authority.