Cec 166
Cec 166
Cec 166
To,
The Divl.Railway Manager,
South Eastern Railway,
ADA,BSP,CKP,KGP,KUR,NGP, SBP & WAT
GENERAL:
Policy guidelines of Rly.Board for dealing with cases of licensing of Rly. land for short
durations are available in Para I of Board's letter No.83/W2/LM/18/97 dated 03.03.87,
which was circulated to all Divisions vide this office letter No.L/Revision/Licence
Fee/Pt.III dated 08/11/5/87.(Copy enclosed for ready reference).
It has come to notice of this office that while processing such cases at Divisional, as
well as at HQs, Level, some critical problems crop up which often lead to delays,
haphazard dealing., arising of court cases etc. To overcome sauch unwanted
hindrances, a change in our approach towards these cases is felt to be necessary. In
order to ensure smooth and efficient disposal of such cases in future, certain guidelines
are hereby laid down with the approval of the competent authority, further to the
instructions issued by this office from time to time.
GUIDELINES
i) While processing the proposals at Divisional level, it must be ensured that they
are strictly in accordance with Board's guidelines of 3.3.87 on the subject.
iii) Temporary licensing of land for conducting exhibitions, meals, carnivals, circus
shows and such other cultural activities including temporary shops on such festive
occasions should be permitted, subject to a maximum of 90 days with the personal
approval of General Manager. It should be ensured that the licences do not sublet the
land allotted in their name, to other parties. Licensing should not be considered for any
type of political activities.
iv) Community pujas and marriage ceremonies do not come under the purview of
Board's instructions of 3.3.87. However, such use of Rly.land also falls under the
category of cultural activities and the Divisions often receive requests in this
connection. Action on such cases may be taken at the Divisional level itself as per the
instructions contained in GM/GRC's letter to DRM/KGP bearing No.W/17/82 dt.
4.2.88 Boards' letter NOE(W)90/ISI/3 dated 07.9.90 (wherein "new" permission for
religious functioins have been banned) and CGE/GRC's D.O.letter No.L/Cultural
Activities/KGP (Loose) dt. 30.6.98 to DRM/KGP, copies of which were endorsed to other
Division also. Copies of the letters are once again enclosed for necessary guidance.
vi) In case of proposals for opening of fire-cracker stalls and other purposes, it
should invariably be ensured that proper licences/clearances of the State Civil
authorities are available with the applicants before such cases are processed and
forwarded to Hqrs. for GM's approval.
vii) It is reiterated that proposals forwarded to HQs for obtaining sanction of the
competent authority must reach HQs. 1(one) month in advance. Though instruction "to
this effect have been issued to Divn. Previously this practice is not being followed by the
Divisions. As considerable time is required for processing the proposals in the HQs.,
the proposals received beyond the above specified due time period will not be
considered except in very exceptional circumstances with the personal approval of the
DRM only The responsibility for late submissions will lie with the applicant/division, as
the case May 3, 1999 be.
viii) Proposals for post-facto sanctions will not be considered under any
circumstances and Divisions will ensure that licence is given only with the prior
sanction of the competent authority. In exceptional and unavoidable circumstances
where sufficient time is not available for processing a particular proposal, the DRM
should invariably obtain a verbal sanction from the competent authority i.e. G.M. He
should then forward the proposal to HQrs. for regularization with the mention of the
nature of prior sanction obtained. Only such cases may be considered for regularization
but should not be encouraged to set a precedence. Officials, at all levels must be
advised accordingly.
ix) The period of licensing should also include the days for erection and dismantling
the stalls/pandals, so that the licence fee for the actual period of occupation is realised
by the Railway. Divisions should ensure this aspect while forwarding their proposals to
the HQrs. for considerating.
x) Overstay on Rly.land will not be allowed by any means and the Divisional
authority will ensure that land is vacated in time, with the help of RPF, if required.
Requests for change of dates of the licensing period, other than that originally applied
for by the party will not be considered at HQrs. level. Division should also turn down
such requests themselves.
xi) Divisions will ensure that proper agreements are entered into with the parties
before handing over land. Standard Agreement forms to this effect are already available
with the Divisions.
xii) It is reiterated that in case of more than one party being involved at the same
location for the same period. Divisions will go in for auction/open tender to fetch better
value as per Board's directives circulated under their No.83/W2/LM/18/87 dt. 3.3.87.
There should be no deviation from this norm.
xiii) All proposals of licensing for short durations should be forwarded to HQrs under
the signature of the Sr.DEN(Co-ord), after obtaining vetting of Divl.Accounts and
approval of DRMs. This must be mentioined in the forwarding proposal.
xiv) Documents (in original) which should accompany a proposal invariably, are as
under :-
1. Applicants request
2. Sketch plan clearly demarcating the site duly signed by all concerned, duly
exhibiting the structures/buildings etc. in the surrounding.
3. Rent calculation sheet vetted by Divl.Accounts.
4. Land valuation certificate by Rev authorities (attested copy).
5. Land spareability certificate signed by Sr.DEN.
6. Divl.office note vetted by Sr.DAO/DAO and approved by DRM.
7. Civil licence/clearance (attested copies).
8. Tender/Auction documents, if the case be so.
xv) To avoid law & order problems, proper co-ordination should be maintained with
the Security Department and the Civil Authorities in dealing such cases.
SD/-
S.P.S.JAIN
CHIEF ENGINEER