CHAPTER XVIII

MISCELLANEOUS WORKS
Works required for Defence Purposes

1801

Works required for Defence Purposes

1802

Strategic Lines

1803

Commercial Line

1805

Defence Works

1808

Roadways over Railway Bridges

1813

Footways over Railway Bridges

1814

level Crossings Road over and under bridges

1820

Surveys undertaken for private parties

1822

Assisted sidings scope

1823

Terms and Conditions

1825

Deposit towards preliminary expenses

1826

Incidence of Cost

1827.

Interest and Maintenance of Assisted Sidings

1828.

Execution of Private and Assisted siding

1829

Departmental Charges

1830

Deposit of Estimated Cost

1831

Siding Charges

1832

Local Taxes

1833

Determination of the Agreement

1835

Construction of Branch or Extension to Siding

1836

Modification of Siding Charges

1837

Interest on amounts overdue

1838

Breach of Agreement

1839

Siding not in use

1840

Siding Register

1841

Recovery of Siding Charges

1842

Use of Land Surplus to the Requirement of Siding

1843

Deposit Works Definition

1844

Procedure for undertaking Deposit Works

1845

Cost of Plans and Estimates

1846

Funds for Works of other Government Departments

1847

Booking of Expenditure

1848

Register of Works for Deposit Works

1849

Executive Engineer's Review

1850

Completion of Deposit Works

1851

Maintenance of Deposit Works

1852

Register of Deposit Works

1853

Recovery of Maintenance and other Charges

1854

General Interest during construction

1855.

Railway owned stone or ballast quarries General Rules

1801. The cost of works constructed to meet the special requirement of Defence Department/ Ministry is divided between Railway estimate and Defence Estimate in accordance with the principles stated in paragraphs 1802 to 1807.

1802. Strategic Lines.--The entire expenditure of Defence Works carried out on strategic line will be borne by the Railways subject to the same rules of exemption from payment of dividend as are applicable to the expenditure incurred on strategic lines. All such works costing upto Rs.25,000 will be charged Open Line Works Revenue and works costing above this limit will be charged to Capital in terms of para 734-F.

1803. Commercial Lines.--The Railway estimates bear.--

(i) The cost of all recoverable material used in the construction of troops sidings and platforms etc., such as permanent way, girders, signals and other movable things, which are unlikely to be required for Defence services.

(ii) The cost of land acquired for troop sidings and platforms etc., It the railway administration chooses to acquire it for its own purpose; and

(iii) In the case of large Defence projects where, at least a full gang has to be exclusively employed in the maintenance of railway siding/s etc., the cost of residential accommodation for the Railway staff so employed.

1804. The Defence estimates bear.--

(i) The cost of construction of troop sidings, platforms etc., including the signalling arrangements required in the event of the siding or platform taking off from the main line beyond the limits of station yard, except the cost of recoverable material defined in clause (i) of paragraph 1803 above.

(ii) The cost of land acquired for troop sidings, platforms, etc., if the railway Administration does not choose to acquire it for its own purpose;

(iii) The interest and maintenance charges on Railway's share of the cost in respect of Defence works executed by Railways on behalf of Defence services as indicated in item (i), (ii) and (iii) of paragraph 1803 which would be as under.

(a) Interest charges on the Railway's share of cost comprising items (1) to (ill) of paragraph 1803 which will be at par with the prevalent rate of dividend payable by the Railways to the General Revenues, and will, therefore, be subject to revision, from time to time. The current rates are as under:

  • On pre-1 964 Capital: @ 5.5%

  • On post- 1964 Capital: @ 6.00%

(b) Maintenance charges @ 4.5% on Railway's share of cost; and

(c) Maintenance charges @ 2.5% per annum upto 31-3-75 on the cost of work borne by Defence as in item (i) and @ 2.5% per annum upto 31-3-75 on the cost of works borne by Defence as in item (i) and @ 4.5% per annum upto 1-4-75 onwards on the book value of the assets mentioned in item (i), and the cost of the working of signals required for platforms and sidings taking off the mainline; and

(iv) Maintenance charges at the rate of 4.50 per cent on the cost of residential accommodation constructed at the cost of- Defence Department for the Railway staff required for the maintenance of Defence works.

(v) The cost of taking out and returning to stores the materials defined in clause (i) of paragraph 1803 in the event of the sidings being abandoned;

(vi) Supervision charges at the rate of 12½ % of the entire cost of the work including Railway's share of cost in terms of para 1137-E.

(vii) Works Establishment charges in accordance with para 1121- E;

(viii) Code charges as under

(a) Freight and incidental charges at 7% in terms of para 2328-S
(b)
Contingencies at 3% in terms of para 727-E
(c)
Temporary Establishment charges in terms of para 2158-Rll

(ix) Compensation for the quarters constructed by the Railway at their cost in the event of quarters being rendered surplus or the project abandoned. If the quarters are on Defence owned land the Ministry of Defence will take over the quarters at a fair valuation of their market cost. The quarters constructed on Railway owned land will be taken over by the Railways and if they cannot be utilised by the Railways the Ministry of Defence will pay fair Compensation therefor

1805. Defence Works. The cost of building and maintaining works for the defence of railway bridges, stations and tunnels, which are designed for occupation by regular troops, or which may in certain circumstances be garrisoned by them is debitable to the Defence estimates. But the Railway estimates bear the cost of maintaining buildings, which are required to be garrisoned by regular troops only in certain circumstances and which the railway administration concerned retains the right to occupy free of rent when not required by the military authorities and which are suitable for occupation by railway servants.

1806. Similarly, where the railway administration changes the site of bridges, necessitating the provision of new defences thereon, the cost of provision of such defence works, when they are considered necessary from a military point of view, will be a charge against Defence estimates.

1807. The cost of staff, whether railway, police or military, employed on protecting railway bridges (in the latter two cases if employed at the request of the railway), will be borne by the Railway, but when the service is taken over, on general grounds of Government policy, by the police, Defence Services or other public service department as part of their regular duties, the charges will be borne by the police Defence Services or the public service department concerned, as the case may be.

Work required to meet the requirement of the Civil and Defence Department/Ministries Road- cum-Rail bridges & public footpaths over Rail bridges

1808. Roadways over Railway Bridges. -The following rules regulate the incidence of the cost of roadways over Railway bridges.

1809. The necessity for a roadway for other than railway traffic on a Railway bridges, will be decided on its merits, the State Government being afforded an opportunity in each case of offering to share in the cost of the combined structure, but the final decision in an individual case will rest with the Central Government. Before taking up any such work, the Road Authority should be required to execute an agreement with the Railway in which amongst other things the latter's liability to pay the initial, recurring/maintenance and replacement or any other costs, should be clearly spelt out.

1810. Cost Construction and Renewal.-.Should the provision of a roadway be decided upon, the division of cost will be on the following basis. It must, however, be understood that payment for a roadway will only secure the provision of a road during the life of a structure for railway purposes and that if it has to be reconstructed for any reason, the division of cost will have to be made afresh.

(a) New Bridges.-

(i) Common Deck road-cum-rail bridge. In view of the increasing road and rail traffic, common decking cannot be retained permanently. The road traffic can be permitted only so long as it does not adversely affect the railway traffic. Common decks shall not be permitted where the rail traffic exceeds 10 trains per day each way. The State Government/ Road Authority need not share the original cost of the bridge, but they shall have to bear the initial cost of the road decking and agree to bear the cost of the dismantlement of the same and restoration of the bridge for proper railway working, when the decking is no longer required by them, or can no longer be permitted to be continued by the Railway. They would however be credited with the value of the released materials of the decking. Prior approval of the Board should be taken for provision of common decking on railway bridges.

(ii) Roadway on a separate deck above the railway track-New Bridge.(1) In the case of Broad Gauge single track with 7.2 M (24 ft.) roadway and 1.8M. (6 ft.) wide footpaths, the total cost of the combined structure inclusive of piers, abutments, protection and training works will be divided in the proportion of 60 per cent to the Railway and 40 per cent to the Road Authority and in the case of double track with 7.2M. (24 ft.) wide roadway and 1.8M (6 ft.) wide footpaths, the division of cost will be in the proportion of 72 per cent to the Railway and 28 per cent to the road, (2) For Metre Gauge bridges, the division of cost will be in the proportion of 50 per cent to the Railway and 50 per cent to the road for single track with 7.2M. (24 ft.) roadway with 1.8M. (6 ft.) wide footpaths, and 64 per cent to the Railway and 36 per cent to the road in the case of double track with 7.2M. (24 ft.) roadway and 1.8M (6 ft.) wide footpaths.

(b) Bridges registered.

The division of cost when a roadway is provided is registered will be as follows i. e. the actual cost of the registration including the provision of the roadways, will be divided as in (a), but no contribution will be required of the Road Authority as a share of the cost previously incurred on the piers, protection works, etc.

(c) Existing roadways on Bridges (i. e. those in existence on 15th May, 1942):-

No division of the cost on the revised basis will be attempted in these cases, until the bridges come to be rebuilt or repaired, when they will be dealt in accordance with the foregoing principles.

1811. Maintenance.-This should be considered under two heads, viz. (i) The general upkeep of the bridge structure excluding the permanent way and ballast but including painting of girders, repairs to piers, protection and training works, etc., which are essential both. for the railway and the road and

(ii) The upkeep of the road-surface as well as the annual charges for gatemen lighting, signalling - etc., in case, where these have to be provided.

(a) (i) In the case of new roadways, i. e., whether on new or repaired bridges, item (1) will be carried out by the Railway Administration but the annual cost will be divided between the Railway and the Road Authority in the same proportion as the division of the capital cost. However, in the case of common deck bridges the recurring/maintenance charges shall be borne by the State Government/ Road Authority, based on the original cost of the bridge in terms of para 1942 to cover interest, depreciation and maintenance charges. Their share shall however, be restricted to 1/3rd of this amount in the case of M. G. and 114th in the B. G. bridges considering the fact that only restricted use of the bridges will be allowed to the State Government/ Road Authorities.

(ii) The annual charges under item (11) will, however, be borne entirely by the Road Authority which may, however, if it so desires, undertake the actual work of maintenance, but on the express condition that no material change in the road surface, as for example in the quality or weight of the road material, is made without the consent of the Railway Administration, In case of common-deck bridges, however, the maintenance will necessarily be done by the Railways and the road authority will bear the recurring charges for the upkeep of the surface arrangements for lighting, signalling or and the wages of the gateman.

(b) Existing roadways (i.e., those in existence on 15th May, 1942).-No division of the maintenance cost shown under item (1) will be made in the case of roadways already existing and these will continue to be borne by the Railway Administration. The charges shown under item (11) above will, however, with effect from 15th May, 1942, be borne by the Road Authority except where it can be shown that a Railway Administration has been compensated in any manner for the maintenance charges incurred by it.

Note. -The provisions in this paragraph are not intended to disturb existing agreements for the maintenance of roadways during the terms of such agreements, but when the agreements terminate in the normal course, they should not be renewed.

1812. The procision of paragraphs 1808 to 1811. will apply mutatis mutanclis also where provision is made for roadways facilities for purely military traffic over railway bridges.

1813. Footways over Railway Bridges.-These rules do not apply to footways over railway bridges. Footways will be considered on their merits as each case arises under the general principles that the requiring, Department/Ministry shall meet the first cost and the maintenance charges thereof.

Works for Civil Departments/Ministries Level crossing, over and under bridges

1814. Level crossing, road over bridges and under bridges: The cost of level crossings, road over and under bridges constructed at the time of construction of a railway line or subsequently but with in the period laid down in the Railway Act, is chargeable to the Railway.

(Authority: Railway Board letter No.99/CE-I/LX/80    dated 13-12-2000)

1815. If the construction of a bridge is found necessary otherwise than in pursuance of a Railway's liability under the Railway Act, its cost will be borne by the Railway if its necessity has arisen from railway requirements, and by the Road Authority if its necessity has arisen from the growth of road traffic or other requirements of the Road Authority, provided that in either case any extra cost due to additional width or length or other facilities required on account of probable future developments will be borne by the Authority requiring such addition or facilities.

1816. If an existing busy level crossing originally provided at Railway's cost is to be replaced by a road over or under bridge the apportionment of the cost of replacement will be as under

  • (i) The Railway will bear 50 per cent of the total cost of the over or under-bridge including approaches. The total cost would include the cost of diversion of road ` sewers, cables, gas and water mains, etc., but would exclude the cost of acquisition of any land and structures thereon required for approaches or diversifies.

  • (ii) The Road Authority will bear 50 per cent of the total cost of over or under-bridge including, approaches, etc., as referred to above and the cost of acquisition of any land required for approaches and diversions and structures thereon.

  • (iii) For two Lane Bridge on other than National Highways, the bridge width shall provide for 7.5m carriageway plus a minimum of 1.5m footpath on either side wherever required as per provisions of IRC-5, 1998. For two lane bridges on National Highways, the overall width shall be provided equal to the full roadway width of approaches subject to a limit of 10m for hill roads, and 12m for other cases inclusive of crash barrier and/or footpath. The carriageway shall be 9.5m wide with two raised herbs of 0.75m OR 7.8m with two footpaths of 1.5m each on either side; total width limited to 12m between the outer faces of railing kerbs inclusive of the crash barrier. For four lane bridge on National Highways, the overall width of bridge deck shall be limited to roadway width approaches with distance between the inner kerb lines in the median portion equal to the median width of approaches; total width limited to 24m (9.75+4.5+9.75) between the outer faces of railing kerbs. The provision of cross slopes, median, footpath width, crash barrier shall be as per stipulations & requirements of MOSRTH Circular No. RW/NH/33044/2/88/S&R dt. 09.05.2000 read along with the provision of clause 112ofIRC:5-1998.
     (Authority Railway Board's file No. 2002/CEJ/BRO/64 (Policy) dt19.02.2008

  • (iv) If provision is required to be made in the bridge structure for crossing additional railways tracks in future, the cost of such extra length of the bridge structure will be borne by Railway in addition to its share of the cost for the rest of the bridge and its approaches. If the provision for extra tracks is already a sanctioned scheme or included in the Works Prograrnme the cost of extra length of bridge on that account shall also be shared on a 50:50 basis between the Railway and Road Authority.

  • (v) If additional width of roadway is required by the Road Authority over and above the limits of the width specified in item (iii), the cost of this additional width will be borne

(a) Fully by the Road Authority for the length of the bridge required to span the existing tracks and the future tracks the provision of which has already been sanctioned or included in the Works Programme.

(b) Equally by the Road and Railway Authorities for any extra length provided for crossing additional railway tracks in future, not covered in (a) above.

The Railway will be responsible for the construction of the over or under-bridge proper across the tracks and the Road Authority for the construction of the approaches. On the actual completion of the work, a completion certificate for the work (excluding cost of land and structures thereon) giving the total cost of the work carried out by the Railway and by the Road Authority, separately, will be signed by the representatives of State Government/Road Authority and the Railway. The amount incurred by any party in excess of 50 per cent or its due share of the total cost will be reimbursed by the other party. With a view to ensure that the amount required to be spent in excess of the sanctioned share does not remain under suspense in the books of the party responsible for the execution of the works, arrangement will have to be made in with the State Government/Road Authority for adjustment in the same year's accounts through transfer transactions of any amount spent by either party in excess of its share of the cost of the bridge.

1816 A. Construction of Rail Overbridge/Underbridge in replacement of a manned level crossing on Build-Operate-Transfer(BOT) basis - With a view to enlisting participation from private sector in the matter of construction of road overbridges/underbridges, private entrepreneurs have been permitted to build road overbridges/underbridges in replacement of existing level crossings on BOT (build, operate and transfer) basis. Under this system, the entrepreneur provides the full funds and builds the road overbridge/underbridge as per plans and drawings approved by the railway administration/road authority. In turn, the private entrepreneur is permitted to levy toll on road traffic and/or commercially exploit the space under the approaches of the bridge. The duration and other terms and conditions for levy of the toll/commercial exploitation of space are to be decided by the Road Authority. At the end of the agreed period, the structure would revert back to the Road/Authority/Railway Administration. During the contract period, the maintenance of the approaches and bridge proper will be the responsibility of the Road Authority / private entrepreneur. After the expiry of the contract period, the bridge portion will be maintained by the railway administration and the approaches by the road authority at their own cost. Railways' liability towards maintenance of bridge proper will be limited to two lane wide ROB/RUB only and the Road Authority will pay to the Railway administration maintenance charges attributable to the additional width, if any. Before the work is taken up the Road Authority is required to execute an agreement with the Railway Administration. Two model agreements - one to be executed with the National Highways Authority of India and the other to be executed with the State Government, as the case may be, are given in appendix. (Please  see Appendix-XI)

  (Authority: Board's letter No. 98/CE-l/Misc./14(BRO) dt. 30.12.1998)

1817. If an existing road over or under-bridge is required to be raised, lowered, extended widened or rebuilt on a new site, the cost will be borne by the authority requiring such raising, lowering, extension or relocation. Any extra cost due to additional width or length or other facilities required by any authority shall be borne by that authority. Where an existing bridge constructed originally at the cost of the Railway has reached a stage where its repairing or rebuilding is justified on age or condition basis and the Road Authority desire to have the same repaired or rebuilt to improve standards, the Railway should agree to bear a portion of the cost of the improved bridge to the extent of the expenditure necessary to replace or rebuilt the-existing bridge to the original standards at present day rates.

1818. The maintenance and lighting of the roadway of the bridge and its approaches after its opening to public traffic is a charge against the Road Authority, while the maintenance of the bridge structure generally (excluding the roadway) is a charge against the Railway. Where, however, the cost of the bridge structure is shared by the Railway and State Government/Road Authority, the maintenance charges shall be borne by the parties in proportion to their share of the cost. In case the Road authority  concerned is agreeable, the capitalised value of the maintenance charges may be recovered, calculated  on the basis of the average rate of interest applicable to Commercial Departments for that particular year.

Before undertaking construction of any over/under-bridges, the cost of which is to be entirely or partially borne by the Road Authority, they should be required to execute an agreement with the Railway which should inter-alia clearly spell out their liability to bear initial, recurring/maintenance and other costs.

1819. (a) If the construction of a new level crossing or an improvement or alterations in an existing one, whether necessitated by local conditions or any other cause, is asked for by a State Government or local authority, the capital cost of the works asked for will be borne by such Government or authority, except in cases where the liability is that of a Railway under the Railway Act. In regard to the incidence of maintenance costs in such cases no hard and fast rules can be laid down but ordinary maintenance costs should be borne by the party requiring the facility, and agreement to this effect should-be reached before the work is commenced. In a case where the party asking for the facility agrees to pay only the initial cost but declines to bear maintenance, the case. should be referred to the Railway Board for orders before any commitment to provide the work is entered into.

(b) If a level crossing provided initially and maintained at the cost of the Railway in compliance with the statutory obligation under the Indian Railways Act, is required to be manned (if it is unmanned) or upgraded/provided with additional gatekeepers due to subsequent increase in both road and rail traffic, the initial cost of such manning, additional manning or upgradation is to be borne by the State Government/ Road Authority concerned, and the recurring and maintenance cost by the Railway. If such a level crossing is required, to be shifted, the capital cost involved in the shifting of the level crossing, is to be shared equally between the State Government/Road Authority and the Railway.

if, however, such a need arises due to subsequent improvement in the standard of the road or change in the nature and volume of the road traffic only, the cost (both initial as well as recurring and maintenance), has to be borne fully by the State Government/Road Authority concerned. For level crossings provided originally at the cost of State Government/Road Authority the recurring cost on account of its subsequent manning/additional manning or upgradation has also to be borne by the State Government/ Road Authority.

(c) If a `D' class cattle crossing (which is meant for the use of cattle and pedestrians only), is required to be converted into a regular level crossing to suit the requirements of the vehicular traffic, the cost involved (i. e., both initial as well as recurring and maintenance) has to be borne by the State Government/Road Authority concerned.

1820. In case any party desire to undertake the construction of a narrow gauge project at their own cost and the Railway Board allow them to undertake the construction under an agreement to be mutually settled vide note under paragraph 122-1ndian Railway Administration and Finance-An Introduction, the cost of the survey which the Railway Board may agree to undertake at the request of the sponsoring party or according to the terms of the agreement, will be borne by the parties/ concerned.

Note.- Incidence of cost will be governed non-retrievable portion will be borne by the siding owner. The interest and maintenance charges will also be borne by the siding owner as in case of track.

1821. The cost of surveys undertaken by the Railways at the specific request of any other Central Government Department, State Governments, etc., which do not materialize into the construction of a line should be debited to the Department or State Government, etc., concerned. 

Assisted Sidings 

1822. Scope. - The rules contained in this section govern the construction, working and maintenance of assisted sidings other than those in mining areas. They are also applicable to sidings constructed for other Government Department. The rules prescribed in paragraphs 1821 to 1838 below are meant for guidance only. The terms and conditions embodied in them may be relaxed wholly or in part, by the General Manager of a Railway, in cases where it is the interest of the railway to provide any siding in order to attract competitive traffic. The General Manager may also at his discretion in consultation with his Financial Adviser and Chief Accounts Officer, levy reduced rates but not lower than the Home  Line material rates, for the carriage of materials required for the construction or maintenance of such portions of assisted sidings as are required to be financed by the applicants.

 1823. Terms and Conditions. - Sidings to serve a factory, mill collieries or other industrial premises, other than in a mining area, may be provided by a railway administration, subject to the terms and conditions laid down in paragraph 1824 to 1838. The applicant for a siding should, before sanction is accorded to the construction of the siding by the competent authority, be required to execute an agreement which inter alia should embody the provisions of paragraphs 1824 to 1838.

 1824. Land. - The land to be acquired for assisted siding outside the applicant's premises should be paid for by the applicant; ownership of such land should vest in the Central Government absolutely.

 1825. Deposit Towards Preliminary Expenses. - A deposit to cover the cost of survey and preparation of the necessary plans and estimates should be made by the applicant.

1826. The incidence of the cost of the assisted sidings as between the Railway Administration and the applicant should be in accordance with the following general principles: -

(i)         Outside the applicant's premises, the cost of all works which would have to be abandoned in the event of the siding being closed, e.g., earthwork, bridges (exclusive of girders), culverts ballast, buildings, etc., should be borne by the applicant,

(ii)        Outside the applicant's premises, the cost of all works which would be removed by the Railway Administration in the event of the siding being closed, e.g., sleepers, rails, fastenings, points and crossings, girders of bridges, fencing, signalling and inter-locking appliances and machinery of any kind, should be borne by the Railway Administration;

(iii)       The entire cost of the siding within the applicant's premises should be borne by the applicant;  

           (iv)     Overhead Electric Traction Equipment 

(a)      For all existing Private/Assisted Sidings, if the rate of return (RoR) is at least 14% on traffic offered in the previous 24 months, the entire cost of electrification shall be borne by the Railways, If the RoR is less than 14%, the cost of electrification shall be borne by the siding owner. 

(b)      In all cases of existing as well as new sidings, the cost of maintenance of OHE (Over Head Equipment) shall be borne by the Railways. 

(c)      In case of all new sidings, in electrified territory or territory approved    for electrification, the entire cost of electrification of the siding shall be borne by the siding owner. This will also apply to the military sidings. 

(Authority: Railway Board’s letter No. 2007/CE-I/SP/2 dated 14.11.2007)

1827. Interest and Maintenance of Assisted Sidings.-The applicant should pay annually to the Railway administration interest and maintenance charges as follows

(a) Interest to be charged on the book value of the portion of the cost of siding borne by the Railway at the prevalent rate of dividend payable by the Railways to the General Revenue as may be fixed from time to time.

(b) Repair and maintenance charges at the rate of 4½ % on the cost of the portion, of siding borne by the railway or its present day cost, whichever is higher. For calculating these charges, the cost of the portion of siding borne by the Railway will be revalued every five years in accordance with such general or special orders as may be issued by the Railway Board from time to time. This payment will ordinarily cover the maintenance by the railway of the works paid for by the applicant outside his premises. The maintenance of the works inside the applicant's premises is the applicant's own concern. Railway should however' ensure that the maintenance of work by the applicant beyond the railway limits conforms to the requisite standard prescribed by the railway. For this purpose railway should undertake periodical inspections and the cost of such periodical inspection should be a charge against the applicant. if, in any case, it is considered desirable that the railway should also maintain works beyond the railway limits, the railway may undertake maintenance of these works, provided the applicant agrees to pay the required charges to be fixed by the railway.

In case provision of office and residential accommodation for Railway staff posted at the siding becomes necessary directly as a result of providing the facility to the party, the Railway Administration should recover repair and maintenance charges for these structures as an additional charge over and above the percentage charges levied on the Railway's share of-the cost.

1828. Execution of Private and Assisted Sidings.-All works relating to construction of private and assisted sidings should be normally done by the Railway. If the party concerned desire to carry out portion of such works themselves, they may be permitted to do so provided the Railway administration is satisfied that the party concerned is capable of doing the work satisfactorily according to Railway specifications and the work is carried out under Railway's supervision. The parties can also be allowed to supply stone ballast, permanent way and building materials provided the Railway Administration is satisfied that the material supplied are according to Railway's specification after proper inspection.

 If the party concerned desires to carry out the work of Survey and Construction of their private siding through a Consultant/Consulting Firm/Consulting Engineer who is approved by the Railway, they may be permitted to do so. The approved consultants can also be allowed to carry out S & T and OHE works in the siding and yard under the close supervision of Railway for which separate supervision charges should be levied, vide paragraph 1829-E.

             (Authority Railway Board's letter No. 83/W .I/ SP12 (Pt.) dated 22.3.93. and 1.3.96)   

1829. Departmental charges.-Departmental charges should be levied in terms of para 1137. These charges are in addition to any work charged staff (both gazetted and non-gazetted) that may be required for actual execution of work. The General Managers are empowered to waive wholly or partly these charges in terms of para 1138.

When a portion of work concerning an assisted or private siding is allowed to be carried out by the party asking for the siding in terms of para 1827, departmental charges shall be levied at a reduced rate of 61/4 per cent of the cost of the work carried out by the party itself including the cost of any material such as ballast, permanent way, building materials, etc., supplied by the party. For the portion of the work executed by the Railway full departmental charges as per para 1137 should be levied.

In cases where land required for the siding is acquired by the applicant at his own expense and is made over to the Railway, the cost of such land should not be included in the total cost of the work for the purpose of levy of departmental charges.

In case of very large works where departmental charges calculated according to the above principles exceed Rs.10 lakhs and the parties apply for a further reduction, a reference should be made to Railway Board for a decision unless the case fails within the purview of para 1138.

When the work of survey and construction of a private siding is allowed to be carried by the party through an approved Consultant/Consulting Firm/Consulting Engineer, total charges (including departmental charges) to be recovered from the Consultant/Consulting Firm/Consulting Engineer shall be as follows:-

 

Surveys

(a) 1 % of the assessed cost of the project at the stage the party's proposal for undertaking the survey is approved by the Railway.

(b)  Balance amount to complete 2% of the estimated cost of the project at the stage of conveying approval to Survey/Plans and Estimates.

Final Inspection

2% of the cost of project while applying for the final approval of the completed works.

                               (Authority Railway Board's letter No. 83/W .I/ SP12 (Pt.) dated 22.3.93. )   

1830. Deposit of Estimated Cost.-The estimated amount of the cost to be borne by the applicant for the execution of assisted/Private Sidings should be deposited with the Railway Administration before the construction of the siding is taken in hand. In the case of works costing Rs.3 lakhs or more, if the applicant is a private firm of established repute and reliability or a public sector undertaking, the work may be commenced against an initial cash deposit of 20 per cent of the estimated cost of the work or Rs.3 lakhs, whichever is more, by the applicant. In the case of works to be executed for Private firms, an irrevocable letter of credit (Form E. 1830) for the residual value of the work should be obtained. The period of validity of the letter of credit should cover at least one year after the completion of the work as may be estimated by the Railway in each case.

In the case of public sector undertakings the 20 percent amount, subject to a minimum of Rs.3 lakhs obtained as initial cash deposit, should be treated as a revolving fund and replenished from time to time on not more than two weeks notice or at monthly quarterly intervals as may be considered necessary. This concession is liable to be withdrawn in the case of delay of default in replenishment by any of the undertaking.

Form E. 1830

. . . . . . BANK LIMITED

(Place)…………………..20

IRREVOCABLE LETTER OF CREDIT NO. ………………………….

WITHOUT RECOURSE TO DRAWERS. …………………………..

Dear Sirs,

You are hereby authorised to draw on …………… or a sum not exceeding ……………. (say …………….. ) available by your Drafts on them at ... .... ......... sight. Total of Rs. …………... representing cost of construction of a private siding at……………………………………………. for the account of M/s………………. of which Rs. …………………… has already been deposited by M/s………………….. with you.

 Credit Expiry date. - This Credit is irrevocably valid in ……………… until…………… Draft drawn under this credit are to be negotiated without recourse to the drawers and are to bearer the following clause “Drawn under ………. Bank, Credit No. …. Dated …….. 

Purchaser are to note the amounts of the drafts separately on the back thereof:-

You are hereby authorised to draw the amount covered by this Credit at any time during the currency of the credit in one lump sum or more than one installment or such amount as may be deemed necessary by you in your sole and absolute discretion.

We hereby guarantee to protect the   Drawers, Endorsers and bonafied holders from any consequences which may arise in the event of' the non-acceptance or non-payment of drafts in accordance with the terms of this Credit.

Your's truthfully,

P. Chie Accountant-P. Secretary, & Treasurer.

1831. Siding Charges :The applicant should pay a siding charge to be fixed by the railway administration, for every wagon whether loaded or empty, hauled over the sidings in each direction. The amount of the siding charge should be specified in the agreement.

If a siding has been provided with complete facilities for direct receipt and despatch of trains and such trains do not require to be dealt with at the station from which the siding takes off/serving station but ran through to or from the siding with railway locomotive or originate from or terminate in the exchange/ peripheral yard provided by the siding holder, the railway administration will have the powers for levying freight charges on through distances basis upto the buffer end of the siding or the farthest point of the exchange yard instead of levying freight charges upto the serving station and siding charges for haulage of wagons over the sidings.

1832. Local Taxes.-The Railway Administration should be responsible for any municipal, union or district board taxes on land on which the siding lies; and the applicant should be responsible for any such taxation on any structures built or owned by him or erected by the railway on his behalf within the assisted siding limit.

1833. Determination of the Agreement.-The siding agreement should provide for the closing down of the siding and the determination of the agreement, on either party giving to the other such notice, as may be considered expedient, in each case, the length of notice being specified, if the applicant wishes, to abandoned the use of the siding, or if it any time the Railway Administration considers that the traffic to and from the siding is insufficient to justify the continuance of the siding. The Railway administration should reserve to itself the right to terminate the agreement on not less than six months notice in the event of its being considered necessary that in the public interests the siding should be closed or that the Railway Administration should acquire the siding for the purpose of working it for public traffic. If an agreement is so terminated, the capital cost borne by the applicant in respect of the portion of the siding outside the applicant's premises, less dismantling charged if the siding is closed and dismantled, should be refused to him, no compensation should be paid to the applicant in respect of that portion of the siding which falls within his premises.

1834. For the purpose of paragraph 1833 above.--

(i) The term "Capital Cost'' includes the cost of the land recoverable under paragraph 1824 above.

(ii) The term "dismantling charges'' includes the cost of returning the dismantled permanent way etc. to Stores, in the event of the siding being abandoned or close.

1835. Construction of Branch or Extension to Siding.--The Railway Administration should reserve to itself the power to construct or permit the construction of any branch or extension of the siding and to work traffic over the siding to and from such branch or extension or to permit the use of the siding for the traffic of, other persons on payment to the applicant of a remuneration for such use, the amount of the remuneration being. determined by the Railway Administration.

1836. Modification of Siding Charges.-The Railway Administration should have power, on giving not less than one month's notice, to modify the rate for the haulage of wagons over the siding and the amount of rebate, if any, to be paid. 

1837. Interest on amount overdue.-The Railway Administration should be entitled to interest at a rate to be specified on any sums due to it if such sum is not paid within one month from a date on which a written demands is made by the Railway Administration.

(1) The GM. may at his discretion, waive wholly or partially the levy of interest due on delayed payment of any Railway charges owed by a party, taking into consideration the individual merits of a case of such delayed payment provided that:-

(a) The Railway gains some advantage, not necessarily financial, by such waival; and

(b) The reasons for the waival are recorded in each case and the waival allowed with the concurrence of Financial Adviser and Chief Accounts Officer.

              (Authority Railway Board letter No. 94/CE.I/SP/22/ dated 14.02.2000)

1838. Breach of Agreement.-The Railway Administration should be entitled  to determine the agreement without notice for any breach of the agreement, and in the event of the failure of the applicant to pay any sums due from him under the agreement.

1839. Siding not in use.-In the case of sidings which are not in use whether temporarily or permanently and which their owners desire should not be closed or dismantled, charges on account of interest maintenance and depreciation should continue to be recovered from the owners of such sidings. While the interest and maintenance charges will be those normally leviable in cases of siding in use as per para 1827, depreciation charges will be worked out at one percent of the Capital cost of the portion of the siding borne by the Railway or its present day cost, whichever is higher.

1840. Siding Register.-Every Railway Administration should maintain a register (Form E. 1840) of all assisted sidings (including sidings of other Government Departments) in that Railway showing the following particulars in respect of each siding

Form E. 1840

  • (a) Name of the siding.

  • (b) Party for whom the siding was constructed,

  • (c) Authority for the construction of the siding Reference to

  • (i) the estimate sanctioned by the Railway Administration; and

  • (ii) the acceptance of the party concerned.

  • (d) Total cost of construction.

  • (e) Cost borne by the Railway Administration.

  • (f) Cost borne by the party for whom the siding was constructed.

  • (g) Main provisions of the siding agreement.

  • (h) Date of opening of the siding.

  • (i) interest, maintenance, & c., charges recoverable.

  • (j) Special remarks, if any.

Provisional entries should be made in this register on receipt of the sanctioned estimates and that final entries from the Completion Reports. This register (Form E. 1840) should be regarded as permanent record and should be kept up to date. A copy of this record should be kept in the Accounts Office also. With a view to ensure that there is no omission in the register kept in the Accounts Office, a statement Qf all sidings in each district or division should be furnished annually (in April each year) by the Executive Engineer to the Accounts Officer.

1841. Recovery of Siding charges, Interest and Maintenance; Subject to the provisions regarding the interest payable during construction (Paragraph 1854) interest and maintenance charges in respect of a siding are leviable from the due date of its "opening". In order that the recovery of these charges may be effected from the due date , an intimation of the date of "opening` of each. siding should be sent by the Executive Engineer to the Accounts Officer within ten days of that date. On receipt of this intimation, the Accounts Officer should issue a provisional 151 for interest and maintenance on the basis of the booked outlay, subject to final adjustment after the verification and sanction of the completion reports of the siding. The Accounts Officer is ordinarily responsible for the correct recovery of the siding charges and charges on account of interest and maintenance in respect of ail siding on a railway. If, in any case, the amounts due to the railway have not been realised within a month from the date on which the demand for payment was made by him, the Accounts Officer may make a reference to the concerned Commercial or Executive Officer to assist in the recovery of dues together with interest thereon as laid down in paragraph 1837 and 1838.

1842. Use of Land Surplus to the Requirements of a Siding.-Land acquired at the cost of applicants for assisted sidings, outside their premises, may be allotted to them for their use e. g. erection of a garage or shed for storing materials, subject to the condition that no sales of materials to the public at the sheds or depots are carried out and that if such land is required for railway purposes, the structures erected thereon should be removed and the land surrendered to the railway. The recovery of rent for such land may be waived at the discretion of the General Manager.

Deposit Works

1843. Definition.-The term "Deposit Work" is applied to works of construction or repair, the cost of which is met, not out of railway funds, but out of funds from non-railway sources. Works executed by a railway for other Government, Departments, municipalities and other local bodies, and private firms and individuals fall under this category.

Note:- Deposit Works executed in railway workshops are not governed by the rules in the following paragraphs.

1844. Procedure for Undertaking Deposit Works.-As a general rule, ail works within railway premises should be executed only by or under the direct supervision of the railway authorities. When, therefore, any other Government Department or a non-railway party wants any work to be executed in railway premises (e. g. a level crossing required by the public Works or Canal Department ten years, after the opening of a line, a culvert required by the Irrigation Department or a private individual, electric or telephone wires required to be laid by an Electric Supply or Telephone Company over or under railway line & c.), such other Government Department or non-railway party should approach the Divisional Officer of the railway concerned for having the required work executed. In applying for the execution of work the department or non-railway party requiring the work should furnish a rough sketch of the work and other particulars relevant thereto.

1845. Cost of Plans and Estimates.-On receipt of applications for Deposit Works, the applicants should, in the case of a Government, Department, be called upon to accept and in all other cases to deposit, the charges leviable is accorded with paragraph 732, to meet the cost of plans and estimates of the required works. After obtaining the acceptance of the Government Department concerned or after the cost of plans and estimates has been deposited with the railway, detailed plans and estimates of the required works should be prepared and got accepted by the applicants in accordance with the rules in paragraph733 et seq.

1846 –(A) Funds arrangements for works of other Government Departments:- When a work is undertaken on behalf of another Government Department it will be the duty of department concerned to intimate to the Railway Administration the sanctioned grant and the Railway Administration will be responsible for seeing not only that the allotment placed at its disposal is not exceeded but also that any anticipated savings are notified in time, to the department concerned.  In case where an excess is anticipated, the Railway Administration will be responsible for obtaining the additional allotment in proper time from the department concerned.

 (B) Funds arrangement for works for Special Purpose Vehicles (SPVs) having Government participation:- The estimated amount of the cost to be borne by the SPVs having Government participation for the execution of work by Railway shall be deposited  with the Railway Administration concerned  before the construction of the work is taken in hand.  In the case of works costing Rs.3 lakhs or more, the work may be commenced against an initial cash deposit of 20 percent of the estimated cost of the work, by such SPV . This initial cash deposit shall be treated as revolving fund and replenished from time to time on not more than two weeks notice or at monthly/quarterly intervals as may be considered necessary. In such cases, if so requested by the SPV, the replenishment may also be arranged through an irrevocable revolving letter of credit. The period of validity of the letter of credit shall cover atleast one year after the completion of works as may be estimated by the Railway and the cost incidental to operation of letter of credit shall be borne by the SPV.

 (Authority: Board’s letter no. 2003/ACII/ 1/1 dated 12.12.03)

1847. Booking of Expenditure.-All Deposit Works will be executed in the same manner as railway works. The expenditure including the departmental charges, should as far as possible, be charged direct to the departments concerned as and when incurred: that incurred on other Deposit Works. i. e., works, the estimated cost of which has already been deposited with the railway and credited to "Deposit Miscellaneous" vide paragraph 735, should be charged to the head "Deposit miscellaneous".

1848. Register of Work.-A separate register of works (see paragraph 1481) should be maintained for all Deposit Works in a division. In this register, a separate account should be kept for each deposit work undertaken in the division. The postings in this register should be totalled up and reconciled with  the general books monthly. In the case of works of other Government Departments suitable remarks as to the amounts adjusted monthly should be given in the register. In other cases, the expenditure incurred on each work should be reconciled with the "Deposit Miscellaneous" Register monthly and a certificate of reconciliation recorded in the Register of Works.

1849. Executive Engineer's Review.-In his monthly review of the Register or Works of Deposit Works the Executive Engineer should pay particular attention to the fact that no expenditure in excess of either the sanctioned estimate or the sanctioned allotment of the deposit made, is incurred on any work. It any excess of anticipated, the acceptance of the party concerned should be called for and additional allotment or deposit, as the case may be, demanded. A revised estimate should, if necessary, be prepared and got sanctioned by the competent railway authority. Further expenditure on the works should be restricted to the utmost extent possible till the acceptance to the party is obtained and additional funds are allotted or deposited.

1850. Completion of Deposit Works: On the completion of a Deposit Work, an intimation of the date of completion (and of handing over to the party concerned) should be sent to the Accounts Officer, the account of the work should as a whole be carefully scrutinized with a view to see that no expenditure properly chargeable to the work is omitted; and a completion report (From E. 1706) should be prepared showing the variations of actual expenditure with the sanctioned estimate and furnished to the party for whom the work was executed. Any unexpended balance lying at credit of "Deposit Miscellaneous" should be refunded to the party who deposited the money, after the completion report ig approved by the competent railway authority.

1851. Maintenance of Deposit Works: All Deposit Works in railway premises should, as a rule, be maintained by the Railway Administration concerned at the cost of the parties who applied for them. Charges for maintaining (keeping in good repair) Deposit Works should be recovered from the parties concerned on the basis of:

  • (1) either a fixed percentage of the works, the rate being fixed by the General Manager.

  • (2) or actual expenditure (including departmental charges).

The basis to be adopted in respect of particular classes of Deposit Works is left to the discretion of the General Manager. In cases where extra establishment is engaged in connection with the maintenance and operation of any Deposit Work (e. g., a gateman engaged for operating the gate of level crossing constructed at the cost of another Government Department) the actual pay and allowances of such establishment together with such additional charges as are prescribed in paragraph 575 of the Indian Railway Establishment Code should be recovered. In case of level crossings, works capitalised value of recurring maintenance and operational charges should be recovered, calculated on the basis of average rate of interest applicable to commercial departments for that particular year. In every case, therefore, before a Deposit work is undertaken or commenced, capitalised value of the maintenance charges and the cost of extra establishment, if any should be recovered in full. A formal agreement should also be executed between the parties concerned before a Deposit Work is undertaken. If the transactions of the party with whom the agreement is being made are governed by the provisions of any legal enactment, the railway administration should satisfy itself that the agreement has been executed in accordance with these provisions.

            (Authority Railway Board letter No. 99/CE-I/LX/80 dated 07.04.2000)

Note.- Where the railway was the first in the field, bridges for new canals are provided at the expense of the Civil Department. The maintenance and renewal of such canal bridges devolve on the railway.

1852. Register of Deposit Works. A register of all Deposit Works in a division should be maintained in the divisional office in Form E. 1852, showing the following particulars in respect of each works.

Form E. 1852

  • (a) Name of the work

  • (b) Party at whose cost the work was constructed.

  • (c) Authority for the construction of the work.

  • (i) Reference to the estimate sanctioned by the Railway Administration.

  • (ii) Reference to the acceptance of the party.

  • (d) Total cost (including departmental charges) of the work.

  • (e) Maintenance charges to be recovered.

  • (f) Cost of extra establishment, if any, to be recovered.

Provisional entries should be made in this register on receipt of the sanctioned estimates and final entries from the completion report. This register (Form E. 1852) should be considered as a permanent record and should be kept up-to-date. A copy of this record should be kept in the Accounts Office also. A complete list of all Deposit Works in a division should be furnished annually (in April) by the Executive Engineer to the Accounts Officer, so as to enable the latter to keep his register up-to-date.

1853. Recovery of maintenance and Other Charges. The Accounts Officer of a railway is responsible for the correct recovery of the maintenance charges and the cost of extra establishment, if any, pertaining to all Deposit Works on that railway. Maintenance charges, if due, in respect of a Deposit Work is leviable from the date of completion (and handing over to party concerned). On receipt of intimation of completion of a Deposit Work (cf. paragraph 1850) the Accounts Officer should issue a provisional bill on account of maintenance charges, subject to final adjustment after the verification and sanction of the completion report. If, in any case, the amounts due to the railway have not been realized within a month from the date on which the demand for payment was made by him, the Accounts Officer should promptly report the fact to the Executive Engineer concerned or higher authorities for taking suitable action for recovering the amounts due.

General

1854. Interest during Construction. The amount of interest recoverable should be calculated for the exact period of construction and not in term of whole years. Thus for works for which construction period covers one or more full financial years, the interest charges for these years should be calculated on the mean unadjusted outlay for these years. The interest for broken periods both during the year of commencement and year of completion should be charged for the exact periods the basis of reckoning being monthly mean unadjusted outlay. The rate of interest for this purpose will be the ruling dividend rate. The amount recovered should be adjusted in the accounts of receiving department as a miscellaneous receipt under the major heads `145-1ndian Railway Commercial/strategic-Lines Miscellaneous Receipt' and in that of the Paying department in the same manner as payment of rent or as part of the cost bf the work, according as the work falls under the first or the second category mentioned above.

 

Railway owned stone or ballast quarries

1855. The working of, Metalliferous Mines (which include stone or ballast quarries also) comes under the purview of the Mines Act. 1, 952(35 of 1952), the Metalliferous Mines Regulation 1961, (which have been framed under the said Act.) Workmen's  Compensation Act, Industrial Disputes Act, Payment of Wagon Act, the Maternity Benefit Act and the rules thereunder and Factory Law etc.

1856. The responsibility for enforcing the provision of mines Act. mentioned in para 1855 devolves on the railways in the case of Railway quarries under Section 76 of the Mines Act unless the quarries are leased out to contractors on payment of royalty or tent and Railway remain only as owners of the land without being interested in the material quarried from the mines. If the contractor through whom the stone or ballast quarry is worked can be made "lessee" or "occupier" under the agreement then the Railway administration can transfer the responsibilities to the contractor for enforcement of the Mines Act., Regulations etc. alongwith the Railways. The primary responsibility for complying with the provisions of the mines Act. Regulations etc. will remain with the Railway. For the definition of word "Owner"  when used in relation to a mine refer to Appendix X.

1857. Under Section 83 (Sub-Section 2) of the Mines Act 1952 (35 of 1952) the Central Government has authorised the Chief Inspector of Mines (now designated as Director General of Mines Safety) to exempt, subject to any specified condition open cast working from the provisions of Regulations 34, 115 and 182 of the Metalliferous Mines Regulations 1961 and Rule 40 of the Mines Rules 1955. The exemption is to be granted by the Director General of Mines safety if he is of the opinion that the condition in open cast workings are such as to render compliance with the above provisions unnecessary or impracticable. The exemption regarding Regulation 34 relating to the appointment of qualified manager is subject to the appointment of a Foreman at the mine.

1858. The provisions of Metallifeous Mines Regulations 1962 except those provisions contained in sections 7, 8, 9, 44 and 46 of the Mine Act 1952 (Refer Appendix X) are not applicable to stone or ballast quarries (irrespective of any owner) vide section 3.1. (b) of the Mines Act 1952 (35 of 1952) provided that--

  • (i) the working does not extend below superjacent ground.

  • (ii) when it is an open or cast working.

  • (a) the depth of the excavation measured from its highest to the lowest point nowhere exceeds sex meteres.

  • (b) the number of persons employed on any one day does not exceed 50, and

  • (c) explosives are not used in connection with the excavation.

1859. if the stone or ballast quarries belonging to the Railways are not limited to be within the condition specified in para 1858 the provisions under Mines Act, Metalliferous Mines Regulations 1961 along with other rules and laws connected thereto will have to be observed by the owner (Railways) as well as the contractor appointed to by the Railway subject to para 1856.

1860. In the event of contractor not providing the facilities and welfare amenities as required under Mines Act and Regulations made thereunder at the ballast quarries owned by the Railway which can be classified as mines (refer para 1858), the Railways should provide the minimum facilities and charge the contractor rent for the same as per agreement.

1861. To ensure safety of the workers it is absolutely necessary that stepping of the sides is done in accordance with the provisions of the Metalliferous Mines Regulations throughout the working life of the quarry.

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