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ENCROACHMENTS & PPE ACT

Learn about different types of encroachments on railway land, their classification, and the responsibilities of railway officials. Explore the procedures for detection, removal, and prevention of encroachments under the PPE Act.

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ENCROACHMENTS & PPE ACT

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  1. ENCROACHMENTS & PPE ACT

  2. TYPE OF ENCROACHMENT THESE ARE MAINLY CLASSIFIED AS FOLLOWS:- ( RB LETTER NO. 80/W2/14/0 DT.26.09.90) SOFT ENCROACHMENT –ACCESS FROM RAILWAY LAND, DOOR OPENING INTO RAILWAY AREA , DRAINAGE INTO RAILWAY AREA , THROWING REFUSE ONTO RAILWAY LAND,USE OF RAILWAY LAND FOR CATTLE, DUNG ETC. HARD ENCROACHMENT –CONSTRUCTION OF TEMPORARY/ PERMANENT STRUCTURES FOR HOUSING/ COMMERCIAL PURPOSE,ADDITION AND ALTERATIONS TO EXISTING RAILWAY STRUCTURES ETC. TRESPASSING –ENTERING RAILWAY LAND UNAUTHORIZEDLY.

  3. TYPE OF ENCROACHMENT • AS PER PARA 814(d) OF IRWM • CAT. A –ENCROACHMENT BY OUTSIDERS WHICH REQUIRES REMOVAL UNDER PPE ACT. • CAT. B –ENCROACHMENTS BY OUTSIDERS WHICH DO NOT REQUIRE EVICTION UNDER PPE ACT( TEMP. OCCUPATION OF RAILWAY LAND BY HAWKERS, USING RAILWAY LAND FOR CATTLE ETC.) • CAT.C – ENCROACHMENT IN THE FORM OF TEMP. HUTS BY RAILWAY STAFF. • CAT. D – ENCROACHMENT BY RAILWAY STAFF WHO HAVE BEEN ALLOTTED RAILWAY ACCOMODATION

  4. TYPE OF ENCROACHMENT • PARA 814(d) OF IRWM Contd…… • CATEGORY A ENCROACHMENT IS OF HARD TYPE AND CATEGORY B,C & D ENCROACHMENTS ARE OF SOFT TYPE. • EVERY YEAR, AT THE CLOSE OF FINANCIAL YEAR ,DETAILED SURVEY OF ENCROACMENTS SHOULD BE MADE UNDER THE ABOVESAID CATEGORIES.

  5. ENCROACHMENTRESPONSIBILITY • AS PER PARA 815(a),(b)&(f) OF IRWM • AT STATIONS , SM & RPF INSPECTOR WILL BE RESPONSIBLE FOR PREVENTING ENCROACMENTS. • IN GOODS SHED , CGS/ SM & RPF INSPECTOR WILL BE RESPONSIBLE FOR PREVENTING ENCROACMENTS. • AT LOCOSHEDS/WORKSHOPS , CONCERNED DEPARTMENTAL SUPERVISOR & RPF INSPECTOR WILL BE RESPONSIBLE FOR PREVENTING ENCROACMENTS.

  6. ENCROACHMENTRESPONSIBILITY • AS PER PARA 815(h) OF IRWM • WHENEVER ENCROACHMENTS ARE TAKEN UP UNDER PPE ACT , THE CONCERNED OFFICIALS( SE/SM/CGS/RPF INSPESTOR) WOULD ACT AS PRESENTING OFFICER • AS PER PARA 815(i) OF IRWM • RPF SHOULD PLAY A PROACTIVE ROLE IN REMOVAL OF ENCROACHMENTS

  7. ACTION ON NEW ENCROACHMENT • AS PER PARA 814(b) of IRWM • WHENEVER A NEW ENCROACMENT IS IN THE PROCESS OF BUILDING UP , IT SHOULD BE REMOVED THEN AND THERE. • IN CASE OF NEW ENCROACHMENT IS SOUGHT TO BE BUILT BY FORCE , THE SE WILL IMMEDIATELY CONTACT WITH HIS DEPARTMENTAL OFFICERS, RPF INSPECTOR , LOCAL POLICE ETC. AND COMMUNICATE WITH THEM IN WRITING , SO THAT NO NEW ENCROACHMENT SHOULD COME UP ON RAILWAY LAND. • SIMILAR ACTION SHOULD BE TAKEN BY THE SUPERVISORS OF ALL DEPARTMENTS.

  8. INSPECTION OF ENCROACHMENT • PARA 814( e ) OF IRWM • THE SE (W/ P. WAY) SHOULD MAINTAIN DETAILS OF ENCROACMENTS IN A REGISTER SHOWING THEIR INCIDENCE AND REMOVAL AS PER ENCROACHMENT INSPECTION REGISTER . ( ANNEX. 8.2 OF IRWM).ONE PAGE OF REGISTER SHOULD BE ALLOTTED TO EACH ENCROACHMENT. • THE FREQUENCY OF INSPECTION OF ENCROACHMENTS WILL BE 3 MONTHS. • ENCROACHMENT PLANS TO THE SCALE TO BE PREPARED

  9. INSPECTION OF ENCROACHMENT ENCROACH INSPECTION REGISTER( LEFT PAGE) Annexure-8.2

  10. SALIENT FEATURES OF JPO FOR ENCROACHMENT REMOVAL LAND RECORD AND REGISTER : DIVISION TO MAINTAIN LAND RECORDS. DEMARCATION OF LAND BOUNDARY : DIVISION TO MAINTAIN BOUNDARY PILLARS AND BOUNDARY VERIFICATION REGISTER LAND.

  11. SALIENT FEATURES OF JPO FOR ENCROACHMENT REMOVAL • Fixation of Responsibility for encroachment

  12. SALIENT FEATURES OF JPO FOR ENCROACHMENT REMOVAL • DETECTION AND REMOVAL OF ENCROACHMENT: AS SOON AS ANY UNAUTHORISED CONSTRUCTION IN PROGRESS IS NOTICED, SE (W) TO FILE A FIR UNDER SECTION 147 OF RAILWAY ACT WITH RPF ASSISTANCE. FOR SOFT ENCROACHMENT ALSO THIS PROCEDURE CAN BE ADOPTED . FOR HARD TYPE OF ENCROACHMENT SE(W/P.WAY) TO ACT UNDER PPE ACT PROVISION. FOR PHYSICAL EVICTION RPF INSPECTOR TO PROVIDE FULL ASSISTANCE AND TO ARRANGE LOCAL POLICE ASSISTANCE.

  13. SALIENT FEATURES OF JPO FOR ENCROACHMENT REMOVAL • LIABILITY FOR DAR ACTION: OFFICIALS RESPONSIBLE FOR NEW ENCROACHMENT TO BE TAKEN UNDER DAR. • IMPORTANT CIRCULARS ON ENCROACHMENT: ENVISAGE USE OF SEC.147 OF INDIAN RLY. ACT 1989 (VIDE BD.’S L.NO.98/LML/14/156 DT. 8.2.99)

  14. PPE ACT 1971

  15. SALIENT FEATURES OF PPE ACT 1971PUBLIC PREMISES (Eviction of unauthorized occupants) Act 1971 • APPOINTMENT OF ESTATE OFFICERS : SECT. 3 OF THE ACT • THE ISSUE OF NOTICE TO SHOW CAUSE ORDER OF EVICTION : SECT. 4 OF THE ACT • EVICTION OF UNAUTHORIZED OCCUPANTS : SECT. 5 OF THE ACT. • DISPOSAL OF PROPERTY LEFT ON PUBLIC PREMISES BY UNAUTHORIZED OCCUPANTS: SECT. 6 OF THE ACT. • POWER TO RECOVER PAYMENT OF RENT OR DAMAGES IN RESPECT OF PUBLIC PREMISES :SECT. 7 OF THE ACT • POWERS OF ESTATE OFFICERS : SECT. 8 OF THE ACT • APPEALS : SECT. 9 OF THE ACT.

  16. SALIENT FEATURES OF PPE ACT 1971 • APPOINTMENT OF ESTATE OFFICERS : SECTION 3 OF THE ACT • GAZETTED OFFICERS OF GOVERNMENT • JURISDICTION SHOULD BE DEFINED IN THE NOTIFICATION ITSELF

  17. SALIENT FEATURES OF PPE ACT 1971 • THE ISSUE OF NOTICE TO SHOW CAUSE AGAINST ORDER OF EVICTION: SECT. 4 OF THE ACT • IF THE ESTATE OFFICER IS OF OPINION THAT ANY PERSONS ARE IN UNAUTHORISED OCCUPATION OF PUBLIC PREMISES, HE WILL ISSUE A NOTICE IN WRITING TO SHOW CAUSE WHY AN ORDER OF EVICTION SHOULD NOT BE MADE.( SUBSECTION (1)) • THE NOTICE SHOULD SPECIFY • GROUND FOR ISSUE OF PROPOSED EVICTION NOTICE • REQUIRE ALL PERSONS CONCERNED– TO SHOW CAUSE,TO APPEAR BEFORE THE ESTATE OFFICER ON THE DATE SPECIFIED IN THE NOTICE ALONGWITH EVIDENCE (SHOULD NOT BE LESS THAN 7 DAYS FROM ISSUE OF NOTICE ). • NOTICE TO BE SERVED. • THE PARTICULARS OF THE PREMISES SHOULD BE CLEARLY WRITTEN IN THE NOTICE.

  18. SALIENT FEATURES OF PPE ACT 1971 • THE ISSUE OF NOTICE TO SHOW CAUSE AGAINST ORDER OF EVICTION: SECT. 4 OF THE ACT CONTD….. • ESTATE OFFICER MUST HOLD AN ENQUIRY • PRINCIPLES OF NATURAL JUSTICE HAVE TO BE COMPLIED WITH

  19. SALIENT FEATURES OF PPE ACT 1971 • EVICTION OF UNAUTHORIZED OCCUPANTS : SECTION 5 OF THE ACT. • ESTATE OFFICER WILL PASS THE ORDER OF EVICTION ,IF SATISFIED THAT PUBLIC PREMISES ARE UNAUTHORISEDLY OCCUPIED. • REASONS SHOULD BE RECORDED. • ORDER SHOULD BE PASSED AFTER PERSONAL HEARING. • IF PREMISES ARE NOT VACCATED BY THE UNAUTHORIZED OCCUPANTS WITHIN SPECIFIED TIME , GET IT VACCATED USING FORCE.

  20. SALIENT FEATURES OF PPE ACT 1971 • EVICTION OF UNAUTHORIZED OCCUPANTS : SECTION 5 OF THE ACT. Contd….. • DATE BY WHICH THE PREMISES ARE TO BE VACCATED SHOULD BE RECORDED IN THE ORDER/ OTHERWISE 15 DAYS FROM THE DATE OF ISSUE OF ORDER • COPY OF THE ORDER SHOULD BE AFFIXED ON THE OUTER DOOR OR SOME OTHER CONSPICUOUS PART OF THE PUBLIC PREMISES.

  21. SALIENT FEATURES OF PPE ACT 1971 • DISPOSAL OF PROPERTY LEFT ON PUBLIC PREMISES BY UNAUTHORIZED OCCUPANTS: SECTION 6 OF THE ACT. • THE 14 DAYS NOTICE WILL BE GIVEN TO THE CONCERNED PERSON • NOTICE SHOULD BE PUBLISHED IN ATLEAST ONE LOCAL NEWS PAPER • LEFT OVER PROPERTY CAN BE REMOVED OR DISPOSE OFF BY PUBLIC AUCTION • PROCEEDS OF THE AUCTION CAN BE ADJUSTED TOWARDS THE EXPENDITURE INCURRED ON REMOVAL OF ENCROACHMENTS, COST OF AUCTION AND ANY OTHER DUES.

  22. SALIENT FEATURES OF PPE ACT 1971 • POWER TO REQUIRE PAYMENT OF RENT OR DAMAGES IN RESPECT OF PUBLIC PREMISES :SECTION 7 OF THE ACT • IF THERE IS ANY ARREARS OF RENT PAYABLE IN RESPECT OF PUBLIC PREMISES , THE ESTATE OFFICER MAY ORDER PAYMENT OF THE SAME WITHIN SPECIFIED TIME AND INSTALLMENTS. • FOR UNAUTHORIZED OCCUPATION, THE ESTATE OFFICER MAY ORDER THE PERSON TO PAY THE DAMAGES.

  23. SALIENT FEATURES OF PPE ACT 1971 • POWER TO REQUIRE PAYMENT OF RENT OR DAMAGES IN RESPECT OF PUBLIC PREMISES :SECTION 7 OF THE ACT contd… • THE ESTATE OFFICER MAY ORDER THE PAYMENT OF ARREARS/DAMAGES ALONGWITH SIMPLE INTEREST • ORDER SHOULD BE PASSED ONLY AFTER ISSUE OF A NOTICE IN WRITING TO CONCERNED PERSONS CALLING UPON HIM TO SHOWCAUSE WITHIN SUCH TIME AS MAY BE SPECIFIED IN NOTICE

  24. SALIENT FEATURES OF PPE ACT 1971 • POWERS OF ESTATE OFFICERS : SECTION 8 OF THE ACT • FOR THE PURPOSE OF HOLDING AN ENQUIRY UNDER THIS ACT, THE Estate Officer WILL HAVE THE SAME POWERS AS ARE VESTED IN A CIVIL COURT UNDER THE CODE OF CIVIL PROCEDURE ,1908 , IN THE FOLLOWING MATTERS --- • SUMMONING AND ENFORCING THE ATTENDANCE OF ANY PERSON AND EXAMINING HIM ON OATH • ENQUIRING THE DISCOVERY AND PRODUCTION OF DOCUMENTS • ANY OTHER MATTER WHICH MAY BE PRESCRIBED.

  25. SALIENT FEATURES OF PPE ACT 1971 • APPEALS : SECTION 9 OF THE ACT. • APPELATE OFFICER SHALL BE DISTRICT JUDGE OF THE DISTRICT IN WHICH THE PUBLIC PREMISES ARE SITUATED OR ANY OTHER JUDICIAL OFFICER IN THAT DISTRICT OF NOT LESS THAN 10 YEARS STANDING AS DESIGNATED BY DISTRICT JUDGE.

  26. SALIENT FEATURES OF PPE ACT 1971 • APPEALS : SECTION 9 OF THE ACT. • APPEAL SHOULD BE PREFERRED WITHIN 12 DAYS FROM DATE OF PUBLICATION OF ORDER • EVERY APPEAL SHOULD BE DISPOSED OFF AS EXPEDITIOUSLY AS POSSIBLE. • COST OF APPEAL UNDER THIS SECTION WILL BE IN THE DISCRETION OF APPELATE OFFICER.

  27. THANK YOU

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