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## The Gazette of India ##
## EXTRAORDINARY ##
## PART III—Section 4 ##
## PUBLISHED BY AUTHORITY ##
**MINISTRY OF RAILWAYS**
**(Railway Board)**
**NOTIFICATION**
New Delhi, the 28th February, 2024
**G.S.R. 138(E).**—In exercise of the powers conferred by Section 188 of the Railways Act, 1989 (24 of 1989), the Central Government hereby makes the following rules, namely:-
**1. Short title and commencement.**—(1) These rules may be called the Railways (Procedure for Consultation with and Consent of, local Authorities) Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
**2. Definitions.**—(1) In these rules, unless the context otherwise requires,—
(a) “Act” means the Railways Act, 1989 (24 of 1989);
(b) “Consent” means the formal approval given by the local authority for carrying out the works by the railway administration or any other person as may be authorized by the Central Government;
(c) “Consultation” means the process where the railway administration shares its plans for carrying out works on, across, over, or under streets or roads or public places with the local authority and seeks their input, suggestions, and concurrence;
(d) “Department” means any Department of the Central Government or a State Government or a Union territory Administration or any local authority, as the case may be;
(e) “local authority” means, in relation to a street or road or public place,-
(i) under the control of a Municipal Corporation, the Municipal Corporation;
(ii) under the control of a Municipal Council, the Municipal Council;
(iii) under the control of a Cantonment Board, the Cantonment Board;
(iv) under the control of a Zila Parishad or Panchayat, the Zila Parishad or Panchayat;
(v) under the control of any other authority, that other authority;
(f) “railway administration” means, in relation to a street or road or public place, the railway administration which proposes to carry out works on, across, over or under the street or road or public place;
(g) “road” means any road, street, footway, alley or passage, the public (whether conditionally or unconditionally) have a right to pass, being a road, street, footway, alley or passage over which the local authority has any control;
(h) “street” means any road, street, footway, alley or passage, the public (whether conditionally or unconditionally) have a right to pass, being a road, street, footway, alley or passage over which the local authority has any control;
(i) “works” means the construction of railway, either new line or gauge conversion or doubling or any other modification to existing railway or any other railway infrastructure, and includes the construction of works and other facilities on, across, over or under any public road or public place in connection with the construction of such railway.
(2) Words and expressions used herein and not defined, but defined in the Act, shall have the meanings respectively assigned to them in the Act.
**3. Application for consultation and consent.**—(1) The railway administration shall submit an application to the local authority, in such form and manner as may be specified by the Central Government, along with relevant plans and other details, for consultation regarding the proposed works and for obtaining their consent.
(2) The application shall specify the nature of the works, the proposed location, the period required for completion of the works, and any other information as may be required by the local authority.
**4. Consultation Process.**—(1) The local authority shall, within a period of thirty days from the date of receipt of the application, review the proposed works and provide its comments, suggestions, or objections, if any, to the railway administration.
(2) The railway administration shall consider the comments, suggestions, or objections received from the local authority and may make necessary modifications to the proposed works, if deemed appropriate.
(3) The railway administration shall also explore alternative solutions or mitigation measures to address any concerns raised by the local authority, including environmental and social impacts.
**5. Obtaining Consent.**—(1) After due consultation, if the local authority is satisfied that the proposed works are in the public interest and would not unduly disrupt public services or convenience, it may grant its consent to the railway administration.
(2) The consent may be granted subject to such conditions as the local authority may deem necessary to ensure public safety, convenience, and environmental protection.
(3) The local authority shall communicate its decision regarding the consent to the railway administration within a period of sixty days from the date of receipt of the application.
**6. Deemed Consent.**—If the local authority fails to communicate its decision regarding the consent within the period specified in sub-rule (3) of rule 5, the consent shall be deemed to have been granted.
**7. Dispute Resolution.**—(1) In case of any dispute or disagreement between the railway administration and the local authority regarding the proposed works or the conditions for consent, either party may refer the matter to the Central Government for resolution.
(2) The Central Government shall, after giving an opportunity of being heard to both parties, pass such order as it may deem fit.
(3) The decision of the Central Government shall be final and binding on both parties.
**8. Review and Amendment.**—(1) The Central Government may review these rules periodically and make such amendments as it may deem necessary.
(2) Any proposed amendment shall be published in the Official Gazette for public comments before finalization.
**9. Transitional Provisions.**—(1) The works which have been commenced before the publication of these rules in the Official Gazette shall be deemed to have been commenced under these rules and the provisions of these rules shall be applicable in relation to such works.
(2) Any application made for consultation with, or consent of, local authorities, if pending before the publication of these rules, shall be dealt with in accordance with the provisions of these rules.
[F. No. 2022/LM/24/11]
AMRITABH SHUKLA, Executive Director, Land & Amenities
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.