l-;,"/(-

t~ f!'(q,i"{ -Government of India

~ ;HiilC4'll Ministry ofRaiIways _

({t"tq cSiH) (Railway Board)

No. 2314/CEDO/ORIJO/02 New Dellii, dated 29.Q3.2Q19

The Chief Commissioner of Railway SafetyDRM Office Complex, NE Railway16- Ashok Marg, Lucknow 226001

Sub: The Railways (Opening for Public Carriage of Passengers) Rules- Regarding Signature ofOfficers on CRS Application and Forms

Ref: (i) CCRS Letter No. A..600151101/2018-CRS, dated 21.08.2019(ii) Board's letter No. 2014/CEDO/ORIlO/02, dated 28.01.2015

1. Section 29 of 'Tne Railways Act, 1989' empowers Railway Board to makerules in respect of matters related to Opening of Railways. Section 29 of Actis reproduced below:

"29. Power to make rules in respect of matters in this chapter-

(1) The Central Government may, by notification, make rules to carry out thepurposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoingpower, such rules may provide for all or arty of the following matters,namely:-

(a) The duties of a railway administration and the Commissioner in regardto the opening of a railway for thepublic carriage ofpassengers;

(b) The arrangements to be made for and the formalities to be compliedwith before opening of a railwayfor thepublic carriage of passengers;

(c) For regulating the mode in which, and the speed at which rolling stockused on railways is to be moved orpropelled; and

(d) The cases in which and the extent to which the procedure provided in .this Chapter may be dispensed with. "

Railway Board has accordingly notified "The Railways (Opening for Public-·--:-:-:---·~·--:c.azri.ggeof Passengers) Rules 2000" and amend the same time to time.~~;i ~:L- py~-~~

--'"--- ---. -- --- - ~~--- --- ..-- ---"'.._:=-'"-'-----

\ 'J\1

. . ..•..,1.1. Railway' Board through Rule. 22 of above said Rules have delegated i17~ '. \

authorityof opening of a section (Section 21 of Act) to the Commissioner ofRailway Safety under SeCtion28 of Act. As such, in case there is lack ofclarity in interpretation of any Rule, Commission is expected to adhere toclarification/ instructions issued in this regard by Railway Board.

1.2. Railway Board has issued instructions vide letter No. 2014/CEDOIORllOI02,dated 28.01.2015 clearly stipulating railway authorities who shall forwardapplication and who shall sign different Forms. of the application to the. .

Commissioner for opening of a section.

1.3. As per these instructions, forwarding letter .is to be signed byCEIConstruction, Form XV by CE/Const. & concerned JAG officers, FormXVI by General Manager and other PRODs, and Form XVII by CE/Const.

-2. General Manager signs Form XV1 of the application. In fact Form XVIalready has a reference to Form XVll, and, Form XV and XVII contain fielddata which General Manager is not supposed to verify himself. GeneralManager has to take decision based oh the data submitted to him by fieldofficers. As such, signing Form XV by CE/Const. and concerned JAGofficers and Form XVII by CB/Const. is considered to be in order.

.' 3. The practice of signing Form XV and XVII by CE/Const. is in vogue sincelong, even before =v== of Board's above letter dated 28.01.2015 asmentioned in para 3 of letter (ref (ii)).

3.1 In fact, earlier Rules of year 1933 have also been examined. It is seen that in. these Rules also Manager who used to head a Railway was not supposed tosign himself Form IX and XI (presently Form No. XV and XVI in Rules,2000). The comparative position of signatory of different forms as per Rules,1933 and present Rules, 2000 is enclosed as Annexure I for perusal please.

4. Commission is therefore again requested not to insist for any change in thisoffice letter No. 2014/CEDOIORIlOI02, dated28.01.2015.

5. This is issued with the approval of Board (ME, CRE)

.~~),

.':;

/

(i c jr ' .~,r-> f~ . ~--.:~ ~.;; ..;:,.y. '.( ':I~ f L- ,,"~ ..../ 'J

, ~.:;15f'" .'I (Wr~ ~icai)

cnl;Qq,tfl ~rq; fflRH'i ~.f~)ft;rcf JI§[Phone: 030-44803(Rly): Oll-23383379(MTNL)]

End As above

---_. - ----_._--_.- ------_._--_._-------

Comoarative position of sionatory in Forms of Opening Documents

C(

'SL The Railways Openinq for Public Rly Bd Rules for tile Opening of a Railway orCarriage of Passengers Rules, 2000 letter dt Section of a Railway for the Public

28.01.15 Carriage of Passengers, 1933

FormI

Description Signatory I Signatory I Form Description SignatoryNo. No.

, 1 I Curve abstract Not CE(C) I Curve abstract Manageri'(Details of curves of that mentioned (DetailS of curves of (See Note-1Railway) that Railway) below)

Ref. Rule 3of Chapter-f

2 11 Gradient Abstract Not CE(C) 11 Gradient Abstract ':'do-(Details of gr-adient of mentioned (Details of gradient ofthat Railway) that Railway)

3 I11 Bridge Abstract Not CE(C) III Bridge Abstract ~o-(Details of bridges of mentioned (Details of bridges ofthat Railway)· that Railway)

-4 IV Important Bridges - Not CE(C) IV Important Bridges -do-

Particulars of mentioned - Particulars of

IWaterway and Waterway andConstruction Construction -, ~.:.-

-- c-.,;

(Details of important (Details of important

Ibridges of tnet Railway) bridges of that ,":;-

Railway) -, ~I 0-

5 V I Ballast and Not I CE(C) V Ballast and - -do- ~I Permanent VVay mentioned I Permanent Wayt(Details regarding (Details regarding ,'": Sai/ast and Permanent Ballast and .}

_Way) Permanent Way) ~

6 VI Station and Station Not CE(C) Vl Station and -do-Sites mentioned Station Sites(Details of sietion) (Details of station)

7 Vll Station- Not CE(C) VII Station -do-Accommodation mentioned Accommodation(Details of station (Details of stationaccommodation for accommodation foroffices, passenger, offices passengerquarters and Goods and quarters)facility)

8 VIII Station Machinery Not CSTE(C) Vlll Station Machinery -do-(Details of interlocking mentioned & CE(C) (Details ofSignals water supply, interlocking Signalsware bridges on station water supply, turnwise details of that tables on station wiserailway) details of that railway)

9' IX Level Crossing Not CSTE(C) - I No such Form --Abstract mentioned & CE(C) available I(Details of Level

Icrossing of that Railway)

10 I X Brief Particulars of Not CEE(C) - -do- --Traction Installations mentioned(Details of TractionInstallation on thatRailway) ~ { -.Ur tV..-............, ~/

----- ----- -~- ~--- ----- -,- ._.--____'__r (1

- ( ,j.~

-' -

'., .

"F-,;l:"oil.:.~';8."...~!

Comparative position of siqnatorv in Forms of Openina Documents

11 Xl ~ Power Supply Not . CEE(C) - No such Form -Installation Abstract mentioned available(Details of Power Supplyfor that Railway)

12 XII I ractian Not CEE(C) - -do- -Maintenance Depot mentionedAbstract (Details ofTraction MaintenanceDepot for that Railway)

13 xm Restricted Overhead Not CEE(C) - -do- --Equipment mentionedClearance Abstract

I (Details of Overhead -Equipment clearancew.r.t. over line structureof that Railway)

14 XIV Electrical. Crossing Not CEE(C) - -do- -Over Railway Track mentionedAbstract(Details of Overheadelectrical Crossing ofthat Railway overelectrified track)

15 XV List of Questions Not JAG IX List of Questions Managerand Answers mentioned officers of and Answers (See Note-1

(Reply to Questionnaire the (Reply to below)

related to Formation, concerned Questionnaire related Ref. Rule 3

Tunnel, Bridges, Land, Deptts. to Formation, of Chapter-I:

Boundaries & Fencing, and CE(C) Tunne/s, Bridges,Level Crossings, Over Land, Boundaries &Bridges, Kilometer & " Fencing, LevelGradient Posts, Ba/last Crossings, Over& P.Way, Station Bridges, Mile &Facilities, SignafJing & Gradient Posts,

- Telecommunk;;ationlBloc Ballast & P.Way,k Working, Station Station Facilities, ,Worr<ing, Rolling Stock, Signal & InterlockingFacilities for Booking, & Block worr<ing,Electrical and General) Engine turning &

Watering, StationWorking, Femes,Rolling Stock,Facilities for Booking,Rules & Timetables,Electrical andGeneral)

r,

Comparative position of siqnatory in Forms of Opening Documentsc

16 X:VJ Certificate to be The CE(C), X Certificate to be Managergiven by Manager General, CSTE(C), given by Manager (See Note-1(Certificate regarding Manager CEE(C) , (Certificate regarding below)maximum and minimum (See Note 3 CAO(C) , maximum and Ref Rule 3dimension of Rai/way below) CCM, minimum dimension of Chapter-Iinfringement design COM, of Rai/waydimension and CME, infringement designconstrucuonofbridges, CEE, dimension andbraking system of rolling CSTE, construction ofstock, system of working

PCE andbridges, braking

to be adopted on the system of rollingrai/way, traction, S & T GM stock, system ofEquipment and wor't<ingto beDelegation to adopted on thesccompeny CRS) rai/way and that- trection)

17 XV!! List of Infringements Not CE(C) XI List of -do- .of Maximum and mentioned Infringements ofMinimum Maximum anddimensions - Minimum(DetaHs of infringements dimensionsw.r.i. IRSOO for that (Details ofRai/way) infringements W. r.t;~

IRSOD for thatRai/way)

18 XVIll Deflection Tests of Not CE(C) XII Deflection Tests NotBridges mentioned of Bridges mentioned(Details of deflection ((Details of oetiection Ref. Ruletests carried out on tests carried out on 3(e) ofbridges of that Railway) bridges of that " Chapter-If

; Rai/way) .~

.r • '~;

Notes:

1. In Rules for the Opening of a Rai/way or Section of a Railway for the Public Carriage of Passengers,1933, Manager has been defined as :Manager means the rasponsible officsr in-charge of the Railway for the time being, whether Agent,General Manager, Engineer in-chief, or other offlcsr. .

2. As per The Railways Opening for Public carriage of Passengers Rules, 2000, Railway has been definedas:Rai/way means a railway, or any portion of a railway, for the public carriage of passengers or goods, andincludes .

3. As per The Railways Opening for Public carriage of Passengers Rules, 2000, The General Manager hasbeen defined as :the General Manager of a Zonal Railway appointed under section 4 and includes the Chief AdministrativeOfficer, the Chief Project Manager or any other officer, not below the rank of Under Secretary to theGovemment of India, who is the Head of the Department and to whom the powers of the General Managerhave been delegated by general or special order under section 28