Q.1 Write the short notes on the following terms:
i) Lease and license
ii) Security deposit in case of land licensed to outsiders.
iii) Way leave facilities/easement rights
iv) Exchange of railway land
v) Demarcation of railway land
Ans: i) Lease and License:
Railway land is given out on license only. Request of Government Department for lease may considered on merit. Leasing of land is not permitted except in case where it is approved by Railway Board. For Railway land leased/licensed to other Government Departments, the rent should be 6% of market value of land as assessed by Local Revenue Authorities at the time of leasing/licensing.
ii) Security deposit in case of land licensed to outsiders.
Agreement should provide following details:
Recovery of occupation fees monthly in advance.
Payment of security deposit, equivalent to 12 months occupation fees.
When the duration is one year or more, the 12 months occupation fees should be recovered in advance every year with the grace period of one month.
When the duration is less than one year, full fees for the period should be recovered in advance.In case payment of occupation fees is not made within a further period of three months, the Government shall forfeit the security deposit
iii) Way Leave Facility/Easement Rights:
Way leave facility/Easement rights from railway land involve occasional or limited use of land by a party for a specified purpose i.e. passage etc without conferring upon the party any right of possession or occupation of land without in any way affecting the Railways title, possession, control and use of land. Requests are often received for provision of way leave/easement rights on railway land in the form of passage/access to private houses and establishments of underground pipelines for water supply and sewerage, electric & telecommunication lines. In case these are unavoidable in view of the very nature and extent of railway alignment.
iv) Exchange of Railway land:
A Railway Administration may at its discretion effect an equitable exchange of land in its occupation for other land equally suited to their requirements with or without a monitory adjustment, the method of transfer following with necessary changes that prescribed for disposal of land.
v) Demarcation of Railway land
All land permanently occupied for the purpose of Railway land shall have its boundaries defined on ground.
For this purpose boundary of Railway land may be defined by a continuous wall, fence, posts or pillars.
Where the boundary mark is continuous, boundary of Railway land will to be on the outer edge of wall, fence, posts etc.
Where detached marks, such as isolated posts are used boundary of Railway land will pass along outside of such posts, between the marks, the boundary will in each case be taken in a straight line from outside of one mark to outsider of other mark.
Detachment marks should in no case be at a greater distance apart (center to center) than one fifth of Km (200m). They should be of a substantial character not easily destroyed or removed.
Each detached boundary mark should bear a number.
Where a fence, wall or ditch is situated at some distance within the boundary and does not mark the actual limit of railway land, it will be necessary to have actual boundary of Railway land properly marked and defined in accordance with these rules.
Q.2 what is the procedure for acquisition of land, describe in detail?
Ans-
Following procedure will be adopted for land acquisition.
Application: Whenever land is required for Railway purposes an application should first me bade direct to Revenue Officer In charge of District in which the land is situated for statement of value of land and a draft declaration for acquiring it.Application should set forth clearly the purpose for which land is required and should have the complete set of land plans prepared in accordance. When the work of acquisition extends to more than one district lies within the one division application should be made to Commissioner when in more than one division to the Chief Revenue Authority of State.
For better identification of land in cases where the areas to be taken up are expensive, following details should be given to State Government:
i) Name of the Railway
ii) Copy of Order of Government when necessary
iii) Brief description of route to be followed by Railway
iv) A list of Civil districts in which the land will be required for the purpose Revenue Officers’ estimate of cost of land:
On receipt of application from Railway Administration a responsible Revenue Officer will forward to Railway Administration a statement showing the nearest approximate cost of land also a draft declaration under section’6’ of Land Acquisition Act on which it should be recorded there is no objection to acquisition of land.
When the estimated value of land exceeds Rs 25,000 in any one district or one lac in any division, it is necessary that the data should be countersigned by the Commissioner in which land is situated or Chief Revenue Authority of State respectively.
Statement of data received from Revenue Authority should be taken as representing the value of land, exclusive of tenants rights but exclusive of value of houses, trees, standing crops etc on the land the approximate cost of which should be separately furnished by Revenue Authority. With the information in land the Railway Administration should proceed to frame an estimate (it should be specially mentioned whether or not the land estimate have been prepared from data furnished by Revenue Authority) of total cost of acquisition in detail the additional 15% laid down in section 23(2) of land Acquisition Act on market value of land under section 23 (1) Clause-1 of that Act. Railway Administration Land Estimates:
It should have the following information:
a)Value of Land:
(i)Waste
(ii) Arable
(iii) Homestead
(iv) Bazar
b)Value of:
(i)Masonry House
(ii)Trees
(iii)Thatched House
(iv)Standing Crops.
Add additional 15% compensation under section 23(2) on the market value of land including houses, trees and crops. Add market value of Government land taken up Add damage under clauses 2 to 6 of Section 23(1)Add capitalized value of land revenue (when necessary).Add cost of establishment (when necessary)Add contingencies Sanction to land Estimates :General Manager or any other officer duly empowered to sanction the estimate will than accord sanction and allot necessary funds and forward the estimate duly signed Accounts Office together with the draft declaration and duly signed plans and schedules to the State Government for taking necessary steps for acquisition of land. If the sanction of Railway Board is necessary to estimated cost of land Railway Administration should apply for and obtain that sanction before applying to State Government for acquisition of land. Work bonafide Railway Purpose:
As a general rule land may not be acquired except in connection with a duly sanction work but this rule does not debar the acquisition of land for bonafide Railway purposes. In case of urgency Railway Administration are empowered to depart from ordinary rule stated in the previous paragraph and sanction the acquisition of land prior to preparation and sanction of estimate either for work or the land, provided the total probable cost of work is within the power of Railway Administration to sanction.
Q.3 Write the short notes on the following:
i) Short term licensing
ii) Safety Zone
iii) Digitization of land plan
iv) Reporting responsibilities within Railway premises;
Ans :- (i)Short Term Licensing: Temporary licensing of land for conducting exhibitions, meals, carnivals, circus shows and such other cultural activities including temporary shops on such festive occasions should be permitted subject to maximum of three months with the personal approval of General Manager. The power is not to be delegated to other lower authority. Rate of license fee should be fixed at 20% of market value of land for shopping etc however, when more than one party is involved, open auction may be done to fetch better value.
(ii)Safety Zone:Land within the 15 meters on either side of the center line of extreme future track called safety zone. Safety Zone should be free from any encroachment. However, in area coming under Mumbai Urban Transport Project (MUTP) it is the land within 10 m on either side of center line of extreme future track.
(iii)Digitization of Land Plans:Digitization is the method of converting manually drawn plans drawings, etc in electronic form with the help of Auto CAD and/or scanner so that it is easy for storage updating of plans /drawings. Development of vision LIS (Land Information System) 2000 is very useful for computerization of land plans certified and updated map of Railway land/boundary are available. Digitization will stand security in court of law and helps in easy identification of funds, calculating area and other land management needs.
(iv) Reporting responsibilities within Railway premises:
Responsibility for reporting of new encroachments will be as follows:
(i)Within station premises including goods sides
(a)Station Manager/Station Master In charge he will advise such cases through numbered control message to MTS/Engineering Control through SCNL.
(b)Goods Supervisor, wherever posted for Goods shed area.
(c)SSE/Works will provide approved plan/diagrams of Station premises indicating clearly Railway boundaries to SM/GS
(ii)Within the Colony premises:
(a)At the HQ of (Sr.) Section Engineer/Works
(b)At the non headquarters station of (Sr.) Section Engineer/Works, wherever RPF Inspector is available: RPF Inspector.
(c)At other colonies: (Sr.) Section Engineer/Works Incharge
(iii)In between stations: Sr. Section Engineer(P.Way) In charge
(iv)In areas other than (i) (ii) & (iii):
Sr. Section Engineer/Works.
Q.4 Describe the category of encroachments?
Ans. There are four categories of encroachments over the Railways. These are A,B, C& D categories.Category ‘A’ encroachment is of hard type and category ‘B’, ‘C’ & ‘D’ encroachments of soft type.
Category-A: Encroachment by outsiders in the form of cemented structures or other pucca structures. Removal of ‘A’ category encroachment requires action under PPE Act-1971.
Category-B:Encroachment by outsiders in the form of easements e.g. temporary occupation of land by hawkers, using railway land for cattle, cowdungs, refuge, opening doors towards railway premises etc. ) Which do not require action under PPE Act for removal? Such type of encroachments may be removed in consultation and with the assistance RPF, Station Master and Local Civil Authorities.
Category-C: Encroachments by Railway employees in form of huts etc who have not allotted Railway accommodation. D&AR action should be taken to remove such type of encroachments as per Railway Board’s letter No. 90/LM(L)/14/34 dated 9.3.1990.Category-D: Encroachments by Railway employees having railway accommodation and have encroached railway land in the form of extension of structures unauthorized use of land for keeping animals etc. D&AR action should be taken against such encroachers to remove as per Railway Board’s letter No. 90/LM(L)/14/34 dated 9.3.1990.
Q.5 Describe the licensing of Railway land to Welfare Organization, Private School etc.
Ans.(a) For Railway land to license to temple committee, Railway co-operative stores, co-operative societies, handicrafts centers and other welfare organizations a nominal fee as per extant rules should be recovered.
(b) The license of Railway land for education purpose will require the sanction of Railway Board for privately owned school, Kendriya vidayalas etc. nominal fee should be charged. The nominal fee should be levied as per extant rules. The period of lease for railway land required by the State Government for opening of new schools for children of railway employees should not exceed 30 years. In case of Railway land leased to Kendriya Vidayalaya the lease period will be 99 years.
Q.6 Describe the procedure for disposal of surplus land?
Ans. When it has been decided that a certain or surplus area of the Land is no longer required by any department of railway and that it is therefore eligible for disposal the following procedure should be adopted.
1. If the land adjoins or in near vicinity belonging to any other Railway or Deptt. of Central Government it should first be offered. If one of these desires to acquire it a formal record of transfer should be made.
2. The State in which the surplus land is situated will be given the option of assuming possession of the whole portion. There of subject to following conditions.
a) Central Government themselves shall be the judge of whether they require to retain any particular land or not.
b) State Government desires to assume possession of land the option to do shall be exercised within 6 months)Amount payable for land will be market value at the date of transferred)If the State Government do not desire to assume possession of any land Central Government will be free to dispose it of to a third party. Government will consult the State Government as to the levy of ground rent and conditions if any subject to which it should be sold and they will, as far as possible dispose of the land.
3. If State Government is unwilling to ensure possession the land should be disposed of to the best advantage.
4. If no any department desires to acquire the land then the Railway men’s Co-operative Society requested for the same land can berelinquished after obtaining necessary clearance from the respective State Government.
5. If neither Railway nor a department of Central Government nor theState Government desire to acquire the land, the land should be retained by the Railway Administration.
Q.7 Define in detail regarding extension of plot of land, change of ownership etc?
Ans. Following steps to be considered in case of extension of plot of land and change of ownership.
In case where plot holders are running their business on behalf of original licensees on power of attorney, the present plot holder may be asked to apply a fresh for allotment of the same in their name. The rate of license fee should be fixed at 20% of market value of land as provided in Board’s letter No. 83/W2/LM/18/87 dated29.8.1995 (from 1.4.95 to 31.3.14) and at 10% (from1.4.04 onwards) as per master circular dated 10.2.05, subject to realization of all outstanding dues with 7%interest before entering into fresh agreement as one time exception with the condition that plot/shop should not be transferred or sold on power of attorney to anyone. Any violation in this regard would be viewed seriously.
In cases where original licensees are originally unfit to perform their functions, the ownership may be transferred to the legal heir subject to the verification of the unfitness from a Government Hospital and furnishing of legal heir certificate The transfer however, will be as per the latest terms and conditions whenever the identity of legal heir is not established, the license should be cancelled.
Regarding extension of area of existing plot/stall it is clarified that in view of the ban on licensing of land for the purpose not connected with Railway working no further extension can be allowed.
Q.8 Describe the terms and condition for utilization of railway land for Grow more food?
Ans.:- Railway Land can also be allotted to Group ‘C’ & ‘D’ railway employee with the following terms and conditions.
Railway land in urban area under threat of encroachment should be licensed for cultivation. Preference should be given to SC, ST, OBC and economically weaker section of society.
Before allotment it should be ensured that land would not be required for railway in nears future.
Land should not be licensed to outsider or State Govt. or State Undertakings.
Size of plot should be from 1 to 3 acres. On specific request unto 5 acres may be allotted.
Suitable agreement should be signed by Rly. and allot tee and that plot should not be transferred to other employee or outsider.
An undertaking should be taken from employee that the official duties should not be suffered on account of such activity for cultivation.
An NOC from the Engg. Department should be obligatory before payment of settlement dues.
No licensed should be issued to employee who have less than 5 years of service left and license must be taken back at least 3 years before the due date of retirement.
Period of licensing should not exceed 5 years at the stretch to any particular employee.
The initial licensing for 2 years shall be issued by division and subsequent extension after recovery of license fee can be done by AEN unto total maximum period of 5 years.
Water arrangement shall be made by licensee on his cost.Rly.
Administration shall have every right to inspect the premised at any point of time.
License fee may be fixed according to the needs and merit of each case. License fee may be revised by DRM in consultation with Sr.DAO every year.
License fee for every year should be recovered in full in advance along with security deposit before renewal of license.
Details of plots licensed under this scheme should be maintained byIOW/AEN for his jurisdiction, also in divisional Headquarters.
The registers in the office of IOW, AEN should clearly indicate the location area, allotted the authority letter for initial license, the approval of extension of license granted and details of monies paid as license fee. Authority for extension being with the AEN. The AEN shall personally ensure that the register the maintained up to date.
Q.9 Describe the procedure to take up the action under PPE Act. 1971?
Ans.:- A hard type encroachment in the form of cement structure falling under category ‘A’ of encroachment should be removed under PPE Act 1971.
Section 10A:- Appointment of Estate Officer.
A Gazetted officer of Rly. Administration may be appointed as Estate Officer &should be notified in gazette by Central Govt. for purpose of PPE Act proceedings.
Section 10B:- Eviction from Railway Land.
If the force has a prima facie reason to believe that the person has occupied Rly Land within a period of 6 months. It shall file an application before Estate Officer as the case may be seeking an order to enter such Rly. Land & to remove such person.
If the estate Officer after making such inquiry as he deems expedient in the circumstances of the case, is satisfied that any person who were allowed occupation of any Rly. land, temporarily or on contract basis or by virtue of its appointment are in unauthorized occupation of said Rly. land. It may for the reason to be recorded in writing make an order for eviction of such person forth with and there upon if such persons refuse or fail to comply with said order of eviction he may evict them from the premises and take possession thereof and may for that purpose take the help of RPF as may be necessary.
When the force intends to enter the Rly. land to remove the encroachment it shall make an application to the State Officer for seeking permission to enter the such Rly. Land and Estate Officer after satisfying himself may grant such permission to the officer of force not below the rank of Sub inspector.
Section 10 C:- Power to remove unauthorized construction.
No person shall erect or place any building on Rly. land except in accordance with authority under which he was allowed to occupy Rly. Land.
If the building or immovable structure have been place Estate Officer should serve a notice asking the encroacher to remove the structure within 7 days of notice. On refusal of such person to remove the encroachment Estate Officer shall direct the force to remove the encroachment.
When erection of Building or execution of work have been started or is being carried on or has been completed Estate Officer may in addition to any other action that may be taken under this act. Make an order for reason to be recorded and directing that such a erection shall be demolished by the personate whose instance the erection has been started or carried on or has been completed.
It will be lawful for the Estate Officer at any time before or after making an order of demolition under the aforesaid sub-section to make an order directing the sealing of such a erection.
No person shall remove such seal except under an order of Estate Officer or under an order of appellate officer. APPEAL: An appeal shall lie from any order of Estate Officer made in respect of railway line to railway claims tribunal having territorial jurisdiction over the area in which railway land is situated within a period of 30 days from such order provided that tribunal may entertain the appeal after the expiry of said period. If it is satisfy that the appellant was prevented by sufficient cause from filing the appeal in time. Passing of order: EO may pass the order to give such direction as may be necessary to give effect to its order to remove the encroachment. Execution of order: When the EO passes the order to remove the encroachment the person shall comply immediately with such direction and handed over the possession to railway administration otherwise EO shall direct the RPF to take the possession and delivered the same to railway administration.
Q.10 Procedure order for detection, Prevention and removal of encroachments?
Ans: - Following action will be taken for prevention, detection and removal of encroachments on Railway land by staff of various departments.
1. LAND RECORDS AND REGISTERS:
1.1 A register of total Railway land with up-to–date entries shall be maintained by the section engineer (concerned) of the Engineering department for the section concerned. A copy of the land plans, complete and up-to- date, will be available in the DRM’s office. Clear instructions to this effect as available in paras 806 & 807 of the IRWM (2000 edition), shall be strictly followed
1.2 DEMARCATION OF LAND BOUNDARIES:
Boundary pillars shall be maintained, projecting about 500 mm above ground and as per details given in Paras 1047&1048 Engineering code (Revised Edition 1993) and paras 808-811 (i) of IRWM (2000 edition) for proper maintenance of Railway boundaries.
1.3 Printed land Boundary Verification Register showing details of encroachments and missing boundary stones shall be maintained by Section Engineer (Woks /P.Way concerned) of the Engineering Department. Entries should be made in the register maintained by the Section Engineer of the sections and verification of the same should be done periodically by the AENs / DENs /SrDENs as per para 813 (d) of IRWM(2000 edition).
1.4 Each Section Engineer should have a list of encroachments, location wise, as per para 2.2 below and para 813 (d) of IRWM (2000 edition), and copy of the same is to be furnished to the local police station and also the concerned GRP station. This list should be updated as on 1 st April every year & circulated as above.
2 . TYPE OF ENCROACHMENTS:
2.1 Encroachments may be classified under different categories as specified in para 814 (d) of IRWM (2000 edition). 2.2 A typical proforma may be followed by each sectional Section Engineer (concerned) showing the details of encroachments as under:Details of encroachments:Section ————- Divn ————— Sub Divn ————–HQ ———–
2.3 If the encroacher is a railway employee, detailed particulars should be prepared mentioning the employee’s name, designation and department and controlling officer / supervisor, and forwarded to the concerned departments along with the details of encroachments by the Section Engineer (Woks/ P.Way /other)
3 . PREVENTION OF ENCROACHMENTS:3.1 RESPONSIBILITY FOR PREVENTION OF NEW ENCROACHMENTS:
Responsibility for prevention / reporting of new encroachments will be as given below.
(i) With in station premises: Lies with the SM jointly with concerned RPF Inspector and senior most RPF officials at that station, where no RPF Inspector is posted.
(ii) With in/ around the colony premises: Lies with the concerned Section Engineer (Works) jointly with concerned RPF Inspector and senior most RPF official at that station ,where no RPF Inspector is posted .
(iii) In between stations: Lies with the concerned Section Engineer (Works /P.Way) and RPF official
(iv) In /around Loco sheds: Lies with the nominated Section Engineer of the loco shed and RPF Inspector.
(v) In/around carriage & wagon depots: Lies jointly with nominated Section Engineer of the depot and RPF official
(vi) In/around workshops: Lies jointly with the nominated Section Engineer (of the department to which the workshop belongs) of the workshops and RPF official
3.2 . All out efforts should be made to ensure that no new encroachment takes place. Proper maintenance of land boundary is the first and effective step towards prevention of encroachment. Boundary wall and fencing should invariably be erected in places where land is vulnerable to encroachment or costly. Divisional Railway Manager will be responsible for deciding the nature of boundary structure (Fencing or tree row or continuous wall or ditch etc) for each area based on cost and vulnerability of land. Detailed directives are available in paras 1047&1048 Engineering code (Revised Edition 1993) and paras 808-811(i) IRWM (2000 Edition ) in this regard.
3.3. Immediate action should be taken by the officials specified in para 3.1, where encroachment is incipient and /or is in the progress. It is easier to prevent encroachment at this stage by awareness, persuasion, watch and ward, show of force etc. Station Masters shall take the help of his staff, and persuade the encroacher to dismantle or vacate the Railway land within the station limits. Similar action should be taken by SM/Section Engineer (concerned) and the RPF Inspector.
It shall be the duty of the officials responsible for prevention of encroachments to take all measures to prevent new or incipient encroachments. In case they themselves are not successful, it shall be their duty to bring the same to the personnel notice of ADEN or DEN or Sr.DEN /AOM or DOM or Sr DOM /ASC or DSC of the subdivision and division ,as well as SP/DC/Local Police and Civil Authorities verbally as well as writing , requesting them to take measures to stop the same.As soon as they come to know of it, the concerned Divisional Officers should make arrange-ments including getting in touch with Civil and Police authorities as well as HQ Office to see that encroachment does not come up.
Where persuasion by the Railway authorities does not yield any result, the construction should be stopped by force, if necessary, and thereafter an FIR under Section 147of Railways act, 1989 should be lodged by the Engineering Department with the police having jurisdiction over the area, taking assistance of the RPF Inspector, who shall coordinate. For applying the provision of Section 147(2) of the Railways Act, 1989, which states “Any person referred to in sub section (1)may be removed from the Railway by any railway servant or by any other person whom such Railway servant may call to his aid” , no FIR need be lodged. To prevent encroachments on vacant land, plantation of suitable trees (quick growing type) should be adopted as one of the methods. If the place is affected by recurring encroachment, plantation may be done immediately after removal of the encroachments, and the area fenced by barbed wire
4 . DETECTION AND REMOVAL OF ENCROACHMENTS:4.1. NEW ENCROACHMENTS AND TRESPASSING:
As mentioned earlier, the main responsibility for preventing fresh encroachment / trespassing shall be with the RPF Inspector in charge and other officials of the area. In case of any sudden encroachment / construction, the concerned officials will requisition the help of RPF, where necessary and stop such encroachments / trespassing, and also file an FIR at the local police station against the concerned, if required.
The RPF Inspector /Official in charge of the place will provide full assistance to the other officials . He will arrange for extra force , if necessary from the Divisional Security Commissioner or the local Officer in charge of the Police Station to provide augmented police assistance.
4.2. HARD ENCROACHMENTS:
The Section Engineer (Works /P.Way) shall responsible for removal of hard encroachment as per procedure laid down by law under PPE Act. The Section Engineer (Works/ P.Way) shall file the cases in the court of Estate Officers against the encroachers. During the course of hearing by the Estate Officer, concerned official from Engineering, Commercial, Traffic, Mechanical or Security depts, shall act as the Presenting Officer and proactively help in expeditious finalization of the proceedings. As soon as the decision is given by the court of the Estate Officer gives the decision, the section engineer (Works/ Pway) shall take suitable steps in removing the encroachments as per of the order of the court. In this he shall be assisted by the concerned SM /RPF Inspector and local police. The DSC of the Division /ASC /IPF of RPF post will co-ordinate for local police assistance. At the Divisional Head Quarters, the DRMs may preside over the meetings in this connection or may attend such meetings with the District Authorities if the Civil Authorities so desire. Such steps will particularly be required if the encroachments are large and sensitive or very high potential of threat to law and order.
4.3 Trespassing and soft encroachment can be removed without recourse to the PPE Act. Encroachments by Railway employees could be removed by recourse to departmental / disciplinary action for which, the controlling Divisional Officer of the encroaching employee, will be responsible.
5. MONITORING OF ENCROACHMENTS:
5.1 An ABC analysis of the encroachment on the Railway land should be done as elaborated in the following paragraphs, Board’s letter No 98/LML/14/7/dt 31.3.98 may be referred to in this regard.
5.1.1 ‘A’ category stations:Should be monitored at GM’s level through CE/CGE.
5.1.2 ‘B’ Category stationsshould be monitored at DRM’s level through Sr.DEN (Co-ord)/ DEN (Estate).
5.1.3 The remaining may be monitored at the Divisional Officer’s level.
5.2 While monitoring of encroachments for ‘A’ category and ‘B’ category stations are to be done by GM and DRM respectively as stated above, review for A category will be made by Railway Board for which six monthly progress reports are to be sent from HQs. For ‘B’ category, review will be done at GM ‘s level .For others; review will be done at DRM’s level.
5.2.1 In order to send the six monthly progress report Board for ‘A’ category, Division should send the information as per Board’s Performa (Annexure C of Board letter of 31.3.98) within the last week of the fifth month positively. Six monthly progress reports for ‘B’ category stations, which are to be reviewed at GM’s level, should also be sent by the Divisions while sending the reports for ‘A’ category. Information for ‘B’ category may be submitted in a Performa similar to that of ‘A’ category.
6. JOINTLY INSPECTION AND REVIEW:
6.1 A monthly joint inspection should be conducted by the officials specified in Para 3.1 wherever other departments are responsible to study on the spot the old and new encroachments for taking immediate necessary action duly co-opting the Section Engineer (Works /P.way). The inspection report should be made out in a format given Annexure –II. Such report should be sent to the branch officers/ higher officials of the respective departments by concerned Inspector.
6.2 Section Engineer (Works /P.Way) should update the Encroachment Register maintained as per Para 814(e) of the IRWM (2000 Edition).
7. HANDING /TAKING OVER CHARGE:
(a) A joint field check on the existing encroachments will be mandatory part of the Handing over /Taking over of the Section Engineer (Works /P.Way). This should be followed by a joint signing at the end of the Encroachments Register on the number of encroachments in the jurisdiction. The fact that these steps have been completed should be an item required to be specifically mentioned in the Handing over Note of the outgoing Supervisor. Similar procedure should be followed by the concerned officials from commercial, Traffic, Mechanical, Security and other departments.
(b) In the event of fresh encroachments having taken place being noticed at the stage of handing over of charge, and which were not specifically brought out in writing to the notice of the higher officers / authorities, suitable adverse entries shall be made in the Confidential Records of the officials concerned, and he (they) will also be liable for DAR action as per paragraph
8. 8. LIABILITY FOR DAR ACTION.
It should be imperative on the part of the concerned Branch Officer that for any new encroachments that come up on Railway land, officials responsible for safeguarding the Railway land are taken up under Railway Servants (D&A) Rules. * Since the responsibility for prevention of new encroachments is jointly given to the RPF Inspectors, it is essential that copies of the land document showing the demarcation of the Rly. Land should be made available for RPF Officials by SE (w) so as to facilitate such identification Similarly, the updated list of encroachments prepare on 1 st April. Every year should also be made available .In Non – RPF stations where not even a single RPF staff is available, the jurisdiction RPF Inspectors cannot be held responsible for prevention of encroachments but will involve himself in all activities for dismantling and eviction of such new encroachments.
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