SOUTH EASTERN RAILWAY

CE’s Circular No.240

Rly. Board’s D.O. No.98/LML/14/156 New Delhi, dated 25-2-2001

PROCEDURE ORDER FOR DETECTION,PREVENTION & REMOVAL OF

ENCROACHMENTS ON RAILWAY LAND IN S.E.RAILWAY.

Following action will be taken for prevention, detection and removal of

encroachment 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 (Works) of the Engineering
Department . A copy of the land plans complete and upto date will be
available in the DRM’s Office.

Clear instruction to this effect are available in para 806 & 807 of the
IRWM (2000 edition) which are to be strictly followed.

1.2 DEMARCATION OF LAND BOUNDARIES.

Boundaries pillars shall be maintained, projecting about 500 mm above

the ground and as per details given in paras 1047 & 1048E (Revised
Edition 1993) and Para 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 (works) of the sections and verification of the same
should be done periodically by the AENs/DENs/Sr.DENs (813 (d) IRWM
(2000 edition).

1.4 Each section Engineer (Works) should have a list of the 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 concerned GRP
station. This list should be updated as on 1st April every year and
circulated as above.
2 TYPE OF ENCROACHMENTS.
3 Encroachment may be classified under different categories as specified in
Para 804 (d) of IRWM (2000) edition).

i) Soft encroachments such as unauthorised way leave facilities such

as doors opening into railway area, access from Railway land,
drainage into Railway area, throwing refuse onto Railway land for
cattle, dung etc.
ii) Hard Encroachments such as construction of temporary or
permanent structures for housing, commercial or other purposes,
additions and alterations to existing Railway Structures etc.

iii) Trespassing such as entering Railway land unauthorisedly with or

without materials, with intention of setting of dwelling unit, or for
carrying out trade or business.

DETAILS OF ENCROACHMENTS
Section_____ DIVN_______ ______ SUB-DIVN___________ _______ HQ____________

Stn Locations Rly Soft/h Area Value of land Appro Purpo Action Remarls
premi emplo ard in approx x se taken
ses/co yee Sqm Value Basis period perso to
lony/ Km/EM Refer /outsi marke since nal/Co remov
Mid stn ence der t encro mmer e
see/W (from- to oerso rate/N achm cial/R
ork/W to) encro nd/ot otified ent eligiou
orksh achm hers rate/r existin s/Soci
op/Lo ent ough g al/oth
coshe plan asses er
d/wag ment
on
depot.
1 2 3 4 5 6 7 8 9 10 11 12

3.1 A typical proforma may be followed by each Sectional Engineer (Works)

showing the details of Encroachments as under :-

3.2 If the encroacher is a Railway employee, detailed particulars should be

prepared mentioning the employee’s name, designation and department
AND FORWARDED TO CONCERNED Departments alongwith the details of
encroachments by Section Engineer (Works).
3. PREVENTION OF ENCROACHMENTS

3.1 RESPONSIBILITY FOR PREVENTION OF NEW ENCROACHMENT

Responsibility for prevention/reporting of new encroachments will be as

given below.

1. Within station Lies with the SM jointly with concerned RPF

premises Inspector and Senior-most official at that
station where no RPF Inspector is posted
except in case where S.E.(Works) is posted
Hd. Quartered and has office within the
premises of the station area, in which case
the responsibility shall lie jointly between.
2. Within/around the The concerned section Engineer (Works)
colony premises jointly with concerned RPF Inspector or
Senior most RPF official at tat station where
no RPF Inspector is posted.
3 In between stations Lies jointly with the concerned section
Engineer (Works/P.Way) and RPF Officials.
4. In/around Loco shed Lies jointly with the nominated section
Engineer of the Loco Shed and RPF
Inspector.
5. In/around carriage Lies jointly with nominated section
and Wagon Depot Engineer of the Depot and RPF Official
6. In/around workshop Lies jointly with the nominated Section
Engineer (of he department to which the
Workshop belongs ) of the Workshop and
RPF Official.

The demarcation of “Stations premises” and “Colony area” for each station and
jurisdiction around Loco-shed , carriage and Wagon Depot, Workshops etc. will
be done with the approval of DRM concerned. Each Supervisor shall maintain the
diagram of demarcated area of responsibility in his office for easy reference. The
documents shall be properly handed over when handing over charge of their
jurisdiction posting.

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. The entire Railway land where boundaries are
 made by wire/fencing a board should display that “The land belongs to Indian
Railways and Trespassers will be prosecuted.

Boundary wall and fencing should invariably be erected in place 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 Para 1047 & 1048 Engineering
Code (Revised Edition 1993) (Annexure- ) and Paras 808-811 (I) IRWM (2000
Edition ) (Annexure- ) in this regard.

3.3 Immediate action should be taken by the officials specified in Para 3.1 where
encroachment is incipient and is in the process . It is easier to prevent
encroachment at the is 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 (as the
case may be) and 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 personal
notice of AEN and concerned Divl. Officers including DSC/RPF well as
SP/DC/Local Police and Civil authorities verbally as well as in 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 arrangements including getting touch with Civil and Police Authorities
as well as HQ Office (if necessary) to see that encroachment does not come
up.

Wherever persuasion by the Railway authorities does not yield any result the
construction should be stopped by force, if necessary, and thereafter and
FIR under section 147 of 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 will coordinate. For applying the
provisions of Section 147 (2) of the Railways Act, 1989, which states “Any
person referred to in sub-section (I) 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 encroachment on vacant Railway 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 person 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 be responsible for removal of hard

encroachments 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 Officer
against the encroachers.

During the course of hearing by the Estate Officer, concerned officials from
Engg., Comml., Traffic, Mechanical or Security Deptts., as may be nominated
shall actively cooperate with the section Engineer (Works) who shall act as
the Presenting Officer and proactively help in expeditious finalisation of the
proceedings.

As soon as the decision is given by the Court of the Estate Officer, the section
Engineer (Works) shall be suitable steps in removing the encroachments as
per 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 coordinate for local police asstistance. At the Divisional HQs , the
DRMs may preside over the meetings in this connection or may attend such
meeting with the District Authorities if the civil authorities so desire. Such
steps will be required if the encroachments are large & sensitive or with very
high potential of threat to law and order.
 Trespassing and soft encroachment can be removed with recourse to the PPE
Act. Encroachments by rly. 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 Rly. land should be as
elaborated in the following paragraphs. Board’s letter No. 98/LML/14/7
dt.31.3.98 may be referred in this regard.

5.1.1 “A” category stations :

Should be monitored at GM’s level through CE/CGE.

5.1.2 B.Category stations Stations :

Should be monitored at DRM’s level through Sr.DEN/Co-ord/DEN (Estate).

5.1.3 The remaining may be monitored at the Divisional Officers level.

5.2 While monitoring of encroachments for ‘A’ Category and ‘B’ 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
GMs level. For others, review will be done at DRMs level.

5.2.1 In order to sent the six monthly progress report to Board for ‘A’ category
divisions should send the informations as per Board’s proforma (Annexure
C of Board’s 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 GMs level should also be sent by the divisions while sending
the reports for ‘A’ category. Informations for ‘B’ category may be
submitted in a proforma in similar to that of ‘A’ category .

6 JOINT INSPECTION AND REVIEW

6.1 A monthly joint inspection should be conducted by the Officials specified

in Para 3.1 duly co-opting the Section Engineer (Works) wherever other
departments are responsible to study on the spot the old and new
encroachments for taking immediate necessary action. The Inspection
Report should be made out in a format given in annexure. Such reports
 should be sent to the higher officials (Branch Officer) of the respective
departments by concerned Inspectors.

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 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
Encroachment Register of 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 procedures should be followed by the concerned officer from

Commercial, Traffic, Mechanical, Security & other Departments while
handing over/taking over charge.

b) In the event of fresh encroachments having taking 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 official (s) 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.

CHIEF ENGINEER CHIEF SECURITY COMMISSIONER

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CHIEF COMMERCIAL MANAGER

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