Indian Railway Codes and Manuals-Engineering code-Chapter- 10 (X)
CHAPTER X
THE
CUSTODY, MANAGEMENT AND DISPOSAL OF LAND
1001. Position of Land under the Constitution-The general position under Article 294 of the
Constitution is that as from the commencement of the Constitution :-
(a) All property and assets which immediately
before such commencement were vested in His Majesty for the purpose of the
Government of the Dominion of India and all property and assets which
immediately before such commencement were vested in His Majesty for the purpose
of the Government of each Governor's Province shall vest respectively in the
Union and the corresponding State, and
(b) All rights, liabilities and obligations of
the Government of the Dominion of India and of the Government of each
Governor's Province, whether arising out of any contract or otherwise, shall be
the rights, liabilities and obligations respectively of the government of India
and the Government of each corresponding Stare, subject to any adjustment made
or to be made by reason of the creation before the commencement of the
Constitution of the Dominion of Pakistan or of the Provinces of West Bengal,
East Bengal, West Punjab and East Punjab.
Article 294, as is
evident, relates to succession to property, assets, rights, liabilities and
obligations in certain cases is only; Article 295 of the Constitution, which
relates to succession to property, assets, rights, liabilities and obligations
in other cases, provides that-
(i) As from the commencement of the
Constitution :-
- (a) All
property and assets which immediately before such commencement were vested
in any Indian State corresponding to a State specified in Part B of the
First Schedule shall vest in the Union, if the purpose for which such
property and assets were held immediately before such commencement will
thererafter be purposes of the union relating to any of the matters
enumerated in the Union List, and
- (b) All
rights, liabilities and obligations of the Government of any Indian State
corresponding to a State specified in Part B of First Schedule, whether
arising out of any contract or other wise, shall be the rights,
liabilities and obligations of the Union Government, if the pur- poses for
which such rights were acquired or liabilities or obligations were
incurred before such commencement will thereafter be purposes of the Union
Government relating to any of the matters enumerated in the Union List,
subject to any agreement entered into in the behalf by the Union
Government with the Government of that State.
(ii) Subject as aforesaid, the Government of
each State specified in Part B of the First Schedule shall, as from the
commencement of the Constitution, be the successor of the Government of the
corresponding Indian State as regards all property and assets and all rights,
liabilities and obligations, whether arising out of any contract or otherwise,
other than those referred to in clause (1).
All property and assets,
which include land and buildings and which vest in the State Government under
Article 294 and 295 of the Constitution or otherwise shall be at the disposal
of the respective State Governments, who will be at liberty to dispose them of
by sale, mortgage, etc.., and the proceeds thereof shall be credited to the
revenues of the respective State Governments.
1002. Determination of Disputes as to Titles-Disputes as to titles between the Union
Government and State Government shall be determined by Supreme Court.
1003. Transfer of Land or Buildings from Railways to
another Department of Government- In the case of transfer of land or buildings to and from the
Railway Ministry the full Market value of the land or buildings shall be
charged.
CUSTODY OF LAND
1004. What Custody Implies-It is the duty of every Railway Administration
to preserve unimpaired the title to all land in its occupation and to keep it
free from encroachment. Where, however, the management of any land has been
accepted by a State Government (See paragraph 1011) this duty will devolve on
that authority during the period of such management. With a view to obviate any
litigation, accurate land plans of all railway lands should be maintained and
boundaries adequately demarcated and verified therewith at regular intervals.
1005. Litigation-Should litigation be involved in respect of any land held by a
Company-managed Railway and should the Administration of that Railway be
advised that it is necessary for the Union of India to be made as a
co-plaintiff, sanction to do so should be obtained from the Railway Board. In
case, where the interests of the Government and the Railway Company are the
same, there is no objection to both parties being represented by the same
Advocate or Advocates. A special order by the Central Government appointing an
officer of the Railway to act on behalf of the Union of India and to sign the
pleadings and verify their contents will be necessary. Where the State
Government is asked to intervene, the costs incurred by them will be borne by
the Railway Company.
Note :In cases, where it may be preferable to
file the suit in the name of the Union of India as the sole plaintiff, the
Railway Company be made a proforma defendant. The manner in which such
litigation is to be conducted should be decided after taking legal advice.
1006. Officers of Indian Railways are competent
to act on behalf of the President agreeably to the rules in force for the
institution of suits by or against the President.
1007. Supplementary Rules relating to Custody of
Land.-General Managers will
be responsible for drawing up supplementary rules to ensure in respect of land
other than that managed by a State Government, (a) that records of title are
safely preserved and kept up-to-date; (b) that boundaries are periodically
inspected; and (c) that any encroachments found are promptly reported and dealt
with. These duties should ordinarily devolve on the authority entrusted with
the management of the land, though it may be desirable to reserve the actual
institution of all ejectment suits to one authority (preferably the Engineering
Department). No legal proceedings in this connection may be entered upon
without the sanction of the General Manager.
MANAGEMENT OF LAND
1008. All Railway land should be managed on commercial lines, and
each Railway Administration should endeavour to develop the resources of, and
put to profitable use, any areas in its occupation which, though not eligible
for disposal (see paragraph 1035) are lying idle and can be put to profitable
use. Such land is referred to hereinafter as "available" land.
Note :In regard to the
small space of land required by the Postal Department for the installation of
the post boxes in railway premises, the use of the necessary land, where agreed
to by Railway Administration, may be permitted free of any rent or charges, as
the Postal Department have agreed to shift their letter boxes when called upon
to do so.
1009. Terms of Management.-The management of land entails :-
- (i) The
custody thereof (see paragraph 1004.)
- (ii) The
utilisation to the best advantage of such portions of it as are,
"available", and responsibiilty for all arrangements in
connection with their leasing or licensing (e. g., selection of tenant,
placing him in possession, fixation of rental, maintenance of the
necessary registers and plans, enforcement of the terms of agreement,
& c.).
- (iii) Justifying,
if called upon to do so, its continued retention by the Railways or, alter
nately instituting proposals for its disposal.
1010. Responsibility for Management.The engineering or any other Department of the
Railway decided by the General Manager at his discretion, will be responsible
to him for the management on these terms of all land in the occupation of the
Railway. The management of available land may be entrusted also to (a) or (b) a
State Government, or (b) Station Committees. All land made over for management
under (a) or (b) above should be properly demarcated, and accurate land plans
thereof furnished to the State Government or the Station Committee, as the case
may be.
1011. Management by State Government.A State Government may be offered the management
of such areas of "available" land as it may agree to accept and, if
necessary, may be permitted to retain a percentage (to be agreed upon between
the Railway Administration and the State Government), of the gross receipts
accruing from the lease, & c., of the land. In such case the following conditions
will apply, viz: -
(i) That such transfer conveys no power to
sell, exchange or give away the land with out the sanction of the Railway
Administration (i. e. the land will still remain in the "occupation"
of the Central Government); and that the latter may impose such restrictions at
it may consider necessary on the use or occupation of the land so entrusted.
(ii) That the Railway Administration reserves
the right to withdraw such land, without compensation after giving reasonable
notice or on payment of a fair price if resumption is made at such short notice
as to preclude the gathering of any crop, indigenous to the locality, sown
thereon.
(iii) Receipts, less any percentage that may be
agreed upon, will be credited to the Railway. Taxes, which would be leviable on
the land where it retained under the management of the Railways Administration,
will continue to be a charge on the Railway.
(iv) That on the resumption of the land by the
Railway Administration or if under dis- posal, in its sale, it should be handed
over with a clear title, any steps necessary to preserve such title being taken
by the State Government on behalf of the president.
1012. Management by Station Committees.Station Committees may, at the discretion of the
General Manager and on terms to be prescribed by him, be given the management
of all or any portion of the land under their jurisdiction.
1013. Method of Management.To enable management to be conducted on
commercial lines, Railway Administrations are permitted to grant to out-siders
or other Departments, under a lease or license, rights and facilities in
respect of "available" land for such purposes, whether or not connected
with Railway working, as they may deem suitable.
1014. The leasing or licensing of
"available" land agreeably to these rules, for purposes, connected
with the working of the Railway (e.g., Bulk Oil Installations; Warehouses,
Wharfs or other premises for storing goods on receipt from the Railway after
arrival or before being made over to the Railway for despatch; Shops for
Station Vendors; schools for the children of railway employees; & c. does
not require a reference to a state Government or other authority; but, in the
case of land leased or licensed for other purposes, the State Government or
other authority concerned should be consulted whenever the contingent
circumstances are such as to render it relevant of advisable, particularly if
the alienation is of a quasi-permanent nature.
1015. When Railway land is leased or licensed
for a purpose not connected with the working of the Railway no permanent
structures should be allowed to be constructed on such lands.
1016. Land is surplus to railway requirement may
be licensed on nominal rent to the Railwaymen's Co-operative Credit Societies
and Consumer Co-operative Societies for the purpose of construction of their
own buildings subject to the conditions laid down in para 1022. The buildings
that may be put up by the Societies on railway land should be according to
specification approved by the Railway Administration concerned so that such
buildings may be utilised for staff quarters later.
1017. The leasing or licensing of Railway land
for religious or education purposes or the granting of permission for the
erection on railway land of praying platforms or of new structures to be used
for religious purposes or the modification or extension of existing structures,
will require the sanction of the Railway Board.
1018. In addition to the lease or license of
land itself, rights pertaining thereto, such as grasscutting, grazing, fruits,
fishing, mooring, & c. may be let out by Railway Administration.
1019. The method by which land is managed by a State
Government will be decided by that authority, subject only to the conditions on
which such management is undertaken.
1020. Lease and License.--A Lease presents certain difficulties in that
there is a danger of accrual of occupancy rights. Nevertheless, if the added
security of tenure given thereby is likely to result in an appreciably enhanced
rental, its employment should be seriously considered. A license, on the other
hand, merely confers on the licensee the right subject to certain restrictions,
to use the allotted land for the purpose of operations specified, and creates
no tenancy therein. These instruments must be executed only on behalf of the
President and by the authorities competent to do so (cf. Appendix II, Indian
Railway Code for the Stores Department.)
1021. Terms of Lease Agreement and Licenses.The terms embodied in the various forms of
agreement pertaining to licensing and leasing out of railway lands should,
broadly speaking, be such as to ensure :---
(i) That the interests of the Central
Government and of the Railway Administration are adequately safeguarded.
(ii) That the rental obtained will provide a
margin of profit.
(iii) That, except as provided in clause (ii) of
the conditions on which the management of the land may be entrusted to a State
Government (paragraph 1011) no liability attaches to the railway administration
for any compensation on resumption; and that except under the general or
specific orders of the Railway Board, the Railway Ad- ministration is not
committed (though it may retain an option) to the purchase, on resumption of
the land, of buildings or structures erected thereon.
1022. Licensing of Land to Railway Staff.As an exception to Clause (ii) of the preceding
paragraph, railway staff may, at the discretion of the Railway Administration
be permitted the cultivation of small plots of "available" land and
the enjoyment of usufruct free of charge. Plots of vacant railway land may also
be licensed to railway employees, or to such non-railway organisations as
provide facilities to railway employees, for the purpose of playing games at a
nominal rent, where necessary, provided that it is made clear in the agreement
in each case that the land will be resumed at short notice, not exceeding a
month, without compensation for any buildings erected or improvements effected
thereon.
1023. License fee for Railway land licensed to
private parties.-For fixation of license
fee for Railway land licensed to private parties, a return of six per cent on
the market value of the land as assessed by the local revenue, authorities
should be treated as "standard rent". But in actual licensing out,
Railway Administration should aim at obtaining the best possible rent. They may
accept in individual cases, variation from "standard rent" on merits
and for good and sufficient reasons. The minimum rent in such cases should be
Rs. 100/- per annum.
The assessment of market
value of the land as made by the revenue authorities need not always be treated
as final or binding. It may require to be suitably adjusted and escalated if
sufficient time has passed since the last assessment was made or if information
was available with the railway of higher prices having been paid for private
and other transactions of land in the vicinity.
1024. Periodical revision of rent for Railway land
licensed to private parties.-A quinquennial revision of rent for railway land licensed to
private parties should be made in large towns and commercial centres. At other
locations rent should be revised at interval of 10 years only. The exact locations
at which five yearly revision should be applied is to be decided by the Railway
Administration in consultation with their Financial Advisers and Chief Accounts
Officers. In all relevant agreements provisions should exist for such
periodical revision of rent and recovery of enhanced rent with retrospective
effect.
1025. Security Deposit in the case of railway land
licensed to outsiders.-In
all cases of licensing of railway land to outsiders the license agreement
should provide inter alia for :-
- (i) recovery
of occupation fees monthly in advance.
- (ii) payment
of security deposit, equivalent to 12 months occupation fee.
- (iii) when
the duration of license is one year or more, 12 months occupation fees
should be recovered in advance every year with a grace period of one
month.
- (iv) where
the duration of license is less than a year, the occupation fees for the
full period should be recovered in advance.
- (v) in
case of advance occupation fees as per sub-para (iii) above is not paid by
the party within the stipulated period of one month the occupant shall
also pay liquidated damages at the rate of one per cent per month or part
thereof to be reckoned from the due date to the date of actual payment.
- (vi) in
case payment of occupation fees in not made within a further period of 3
months the Government shall be entitled to :-
·
(a) forfeit the Security Deposit referred to
above.
·
(b) initiate eviction proceedings for getting
the Railway premises vacated and take ac- tion for recovery of occupation fee
and liquidated damages up to the date of actual vacation.
1026. Licenses could be permitted to make the
security deposit not necessarily in cash but also in other forms as approved in
the case of other contracts (refer para 1246).
1027. While payment of advanced rent as
indicated in para 1025 should be insisted in the case of land licensed to
Government owned undertakings, payment of security deposits may not be insisted
upon provided the concerned Ministry gives a guarantee to the railway against
payment of dues by the Government undertakings. In the case of land licensed to
Government Departments payment of advanced rent should be insisted, but
security deposit may not be insisted upon.
1028. Railway land licensed to other Government
Departments.-In the case of land
licensed to other Government Departments, a uniform rate of 6 percent of the
market value of land as assessed by local revenue authorities is to be levied.
A provision for revaluation of rent at fixed intervals (refer para 1024) in the
case of long term lease should be provided in the agreement.
1029. Leasing of Railway land to Defence
Department.-In the case of railway
land leased to Defence Department the rent for the first 10 years of occupation
will be fixed on the basis of 6 per cent of the market value of the land, as
assessed by local revenue authorities. If the total period of occupation
extends beyond 10 years, the rent will be subject to revision after every 10
years period of occupation on the same basis of 6 per cent of the market value
as assessed by local revenue authorities.
1030. Licensing of Railway lands for religious
purposes.-In case of railway lands
licensed for use as religious places the fee should be recovered on a uniform
rate of Rs.1,000/- per annum.
(Authority: Railway
Board’s letter No. 2002/LML/21/16 dated 4.6.2003)
1031. Licensing of Land for Schools to be opened by
State Government in Railway Colonies.-Railway land required by the State
Government for opening of new schools for the children of Railway employees in
Railway colonies may be licensed to them at a nominal fee. The period of
license should not exceed 30 years and the amount of nominal fee should be
settled by the Railway Administration in consultation with their Financial
Adviser and Chief Accounts Officer.
1032. (i) License Form.A sample license form, for Bulk Oil Depots, is
given in Appendix VI but other forms may be adopted to suit requirements
provided that, whether for a Lease or a License, they are drafted under
competent legal advice.
1032. (ii) In the case of Land rented to a Department
of the Government of India, or State Government, an unstamped agreement
embodying the terms and signed by authorized representatives of both parties,
is all that is required.
1033 WAY LEAVE FACILITIES/EASEMENT RIGHTS
1.
Way leave facilities/easement rights on Railway land involve occasional or
limited use of land by a party for a specified purpose like passage etc.,
without conferring upon the party any right of possession or occupation of the
land and without in any way affecting the Railway’s title, possession, control
and use of the land.
2.
Sections 16 of the Railways Act, 1989 enjoins upon the Railways to make and
maintain specified works for the accommodation of the owners and occupiers of
the lands adjoining the railway, for the purpose of making good any
interruptions caused by the railway to the use of the lands through which the
railway is made. Such works include crossings, passages, drains, water courses
etc. Apart from these, requests are often received for provision of way
leave/easement on railway land in the form of passage/access to private houses
and establishments, underground pipelines for water supply and sewerage,
electrical and telecommunications lines, etc. In many cases, these are unavoidable
in view of the very nature and extent of the railway alignment.
3.
Such requests for granting way
leave/easement facilities have to be considered with due regard to the
circumstances of each case. Some such circumstances may be:-
i) Non-availability of any other
means of access to properties/houses;
ii) Non-feasibility of provision of water
supply, electricity, sewerage, etc. from
any other direction.
4.
In genuine and unavoidable cases,
way leave facility/easement right may be allowed after execution of proper
agreements. However, the land is not licensed, but only permission is to be
granted for a limited use which is to be specified in detail in agreement. To
avoid any misunderstanding on this score, the agreement should not use terms
like ‘Licence’ and ‘Licence fee’, but only ‘permission’ and ‘way leave charges’
. The agreement should also clearly stipulate that the Railway Administration
retains full rights to enter upon, pass through or use the land, at any time,
without any notice to the party. In the event of the way leave facility being
discontinued with, the Railway will not be liable to pay any compensation or
reimburse any amount to the party, nor to provide any alternative arrangement for
access, etc. In such a case, any installations like underground pipelines, etc.
put up by the party are liable to be removed/shifted by the party at its own
cost.
5.
The way leave facility/ easement right on railway land provided for these specific
purposes should not be used to transverse and use Railway land along the track.
Railways are advised to deal these cases in strict compliance to instructions
contained above mentioned letter. In case of oblique crossing, unavoidable and
bare minimum railway land parallel to the track should be used.
6.
The following rates as revised from
time to time may be levied for way leave/ easement rights on railway land:-
Note – (i) In cases of I(a) to (e), and II(a),
the length of land involved normally should not exceed 50 m.
7.
Openings of any kind into Railway land/air space should not be permitted. This
includes drops and sprouts from buildings, supports for buildings, wires, poles
and other such needs of permanent nature.
8.
Any proposal for passage/roads for
width more than 3 m. should be treated under licensing as per extant circulars
on the subject of licensing.
9.
For calculating these charges, in the case of Electrical crossings, the width
of land may be decided in consultation with Divisional Electrical Engineer
locally.
10. In case of
any crossing, minimum width of land is to be taken as 1m for the purpose of
assessment of way leave charges.
11. Regarding
facilities specified in Paras 6.I(f), 6.II to 6.IV, it has been decided that
these charges shall be payable in advance in block of 10 years. Discounting of
future cash inflows at prevailing interest rates announced by RBI for Govt.
Securities would be permissible. While calculating the advance equivalent to 10
years annual charges, annual increase of 7% in land value would be assumed.
Adjustments needed because of variation vis-a-vis actual increase as per rates
notified by local development authority or as obtained from District Collector,
would be carried out at the time of payment of the installment of way leave
charges for the next 10 years.
12. In all
the above cases of way leave facilities (except ROBs/RUBs, and underground
pipelines), no construction (whether permanent, quasi permanent or temporary),
other than a kuchcha or pucca road in cases the facility is expressly given for
the same, is to be permitted on railway land. If any construction comes up
subsequently, the same should be immediately removed as soon as noticed, and
the way leave facility discontinued with.
13. In view of
the large number of cases involved, decision for granting way leave facilities
may be taken by the D.R.M (without any further redelegation) in consultation
with Divisional Associate Finance. Way leave facilities involving stretch of
railway land more than 100 Metres, can be permitted only by the General Manager
in consultations with the FA&CAO.
14.(a) All way leave proposals should be
processed by the Sr.DEN(Co-ord) at the Divisional level, and the Chief Engineer
at the Headquarters level. Way leave facilities should not be granted as a
matter of routine, but only after consideration of each case on merits based on
a site inspection. Special care should be taken to see that the way leave
facility does not in any way impinge on the safety and security of railway
operations and railway property.
(b) Way leave permission in respect of open
drainage and surface/overhead pipelines should be allowed only in unavoidable
cases. In any case, fresh permission for this in favour of private parties
should not be given. All efforts may also be made to have the existing open
drainage and surface/overhead pipelines replaced by underground installations
at the earliest.
15. In all cases
of way leave facility granted, proper agreement should be executed. The
agreement should provide for revision of way leave charges from time to
time.
16. Way leave
permission should be accorded only after ensuring that Railways’ financial
interests are not affected in any manner, i.e. by way of loss of traffic, loss
of revenue etc. by granting such permission. Suitable clause securing Railways’
financial interests may be provided in the agreement to be executed with the
party, whenever necessary.
17. Provisions of
para 6.I (a) to (e) shall be applied prospectively i.e. for fresh cases. Cases
already decided shall be continued with earlier provisions. However, one time
recovery as per present guidelines can be applied in old cases too if the other
party accords consent to the same. Fresh agreement needs to be executed in such
cases.
18. The
calculation of annual increase should be on the basis of the actual way leave
charge and not on the minimum charge specified in Paras from 6.II to
6.IV.
19. In case
such proposals envisage crossing of track in the form of road, pipelines etc.,
the extant rules and procedures relating to safety, provision of level
crossings, pipeline crossings, etc. will govern and the provisions of this para
would be limited to the use of railway land only.
(Authority Board’s letters No.97/LML/24/3 dated.
27.11.2001, 3.10.2002 18.05.2005, 16.11.2005, No.2001/LML/24/20 dated
16.08.2005 & No.2011/LML/24/44 dated 05.02.2013). ---ACS NO.47
1034. Allocation of Receipts from Land.-The net receipts from the management of railway
land should be adjusted in accounts in the following manner :--
(i) In the case of a
railway, the capital account of which is charged with the cost of the land, by
credit to Abstract Z- "Sundry Other Earnings" or to the head
"Receipts on Capital account" according as the railway is an open
line or one under construction.
(ii) In the case of
Ex-Tirhoot Railway portion of the N. E. Railway, whose capital ac- count,
though bearing the cost of land, does not include the capitalized value of the
land revenue abated, the net receipts realized by Revenue Authorities should be
credited to "Land Revenue" in the Civil Department.
1035. Disposal of Land not required by Railways.
--In regard to all
railway land the policy of the Railway Board is to limit holdings to actual
requirements, present and prospective. Every Railway Administration should,
therefore, be in a position to justify the retention of land occupied by them
and where unable to do so, should classify it as "eligible for
disposal" and arrange for its disposal agreeably to the rules in the
following paragraphs.
1036. While land is not to be retained unreasonably, it is equally
not to be disposed of at prices incommensurate with its value nor surrendered
free of cost.
1037. Land Eligible for Disposal.-In deciding whether or not a certain area is
eligible for disposal Railway Administrations should be guided by the
consideration that land may be said to be required for the effective discharge
of the duties of the Ministry of Railways, if it falls within one or the other
of the following categories :
- (a) Land in the active occupation of a railway, i. e.,
land actually occupied by the permanent works of the railway, or acquired
for their construction, maintenance or repair.
- (b) Land not so occupied but to the permanent alien
control of which specific objection exist, i. e., land in the midst of or
adjoining that in active occupation and to separate which from such area
would be detrimental to railway interests.
- (c) Land required in the interest of the health or
welfare of the staff, or for the safety of railway property (e. g.,
sanitary or fire zones, etc.)
1038. Disposal of Land eligible for Disposal.-When it has been decided that a certain area of
land is no longer required by any department of the railway and that it is,
therefore, eligible for disposal the following procedure should be observed.
(1) If the land adjoins
or is in the near vicinity belonging to any other railway or department of the
Central Government it should first be offered to such railway or department. If
one of these desires to acquire it, a formal record of transfer should be made
and the State Government advised; or if willing, the latter may be entrusted
with the work of transfer.
(2) If the land is surplus
to the requirements of the Central Government, the Government of the State in
which it is situated will be given the option of assuming possession of the
whole or portion thereof subject to the following conditions :--
- (a) the Central Government themselves shall be the
judge of whether they require to retain any particular land or not;
- (b) if the State Government desires to assume
possession of the land, the option to do
- so shall be exercised within six months of the date on
which the Central Government signify their intention of surrendering their
land;
- (c) the amount payable for the land will in all cases
be its market value at the date of transfer;
- (d) when the State Government desire to assume
possession of only a portion of the land surrendered, they shall be
entitled to do so only if the value of land as a whole is not materially
reduced by the division; and
- (e) if the State Government do not desire to assume
possession of any land on the foregoing terms, the Central Government will
be free to dispose it of to a third party. Before, however, so disposing
of the land, the Central Government will consult the State Government as
to the levy of ground rent or assessment and the conditions, if any,
subject to which it should be sold and they will, as far as possible
dispose of the land subject to the conditions which the State Government
may de sire to impose.
The Central Government
are not, however, bound to obtain the concurrence of the State Government in
all cases and in case of disagreement the Central Government shall be the sole
judge of the terms and conditions to be imposed.
(3) If the State
Government is unwilling to assume possession as indicated in sub-para (2)
above, the land should be disposed of to the best advantage possible.
(4) If neither another
railway nor a department of Central Government nor the State Government desire
to acquire the land, and if there has been a request from the Railwaymen's
Co-operative Housing Society for the same the Railway Administration can
relinquish the land to them after obtaining necessary clearance from the
respective State Governments, with the prior approval of the Board. The sale
value of the land in all these cases should be market value prevailing at the
time of transfer.
(5) If neither another
railway nor a department of the Central Government nor the State Government
desire to acquire the land, and if no reasonable offer is forthcoming from
other parties, the land should be retained by the Railway Administration and
managed in accordance with the procedure laid down in paragraphs XX 1008 et seq
until such time as one or the other of the above contingencies eventuate.
1039. Procedure for Disposal.-In the disposal of land under clause (3) of the
preceding paragraph the following procedure should be adopted :--
(a) The State Government
may be asked to undertake the whole process of disposal, the Rail way
Administration merely concurring in the terms.
(b) If the State
Government is unwilling to undertake negotiations for sale, these should be
carried out by the Railway Administration, and the State Government requested
to carry out the final transaction on the terms arranged.
(c) If the State
Government is unwilling to effect even the actual transfer, a formal deed of
conveyance should be drawn up by the Railway Administration (ordinarily at the
expense of the purchaser), submitted to the authority competent to execute it
for signature, and registered, the land being thereafter made over, by the
responsible authority, to the purchaser.
(d) In any case the State
Government should be consulted as to the manner of disposal, the conditions (if
any) that should be laid down for the use of the land after sale, and the
extent to which (if at all) the principles of the Resolution of the Government
of India in the Department of Revenue and Agriculture No. 13/44-13, dated 30th
October, 1896, reproduced below, should be applied.
Resolution No. 13/44-13,
dated 30th October, 1896 of the Government of India in the Department of
Revenue and Agriculture.-The
Government of India desire that whenever agricultural or pastoral land has been
acquired for public purposes, whether by private purchase or by compulsory
acquisition, and is no longer required for such purpose, the disposal of it may
be guided by the following general consideration :--
"In the first place
all proprietory rights and all rights of occupancy which were extinguished by
the acquisition should be first offered to the persons from whom they were
acquired, or to their heirs if discoverable; the former where both kinds of
rights co-existed being made subject to the latter under the provisions of the
Crown Grants (Act XV of 1895)."
"In the second
place the price at which these rights are offered should be the amount of
compensation originally paid for them less the 15 percent in excess of the
value which will have been paid if the acquisition was compulsory. This price
may be reduced, if necessary, on account of any deterioration that may have
taken place in the fitness of the land for agricultural or pastoral purposes
while it was in the occupation of Government but it should not be increased,
except in the case stated below on account of any rise in its market value
during that period."
"In the case of
plots which by reasons of their size or shape are practically of no value to
any one but the owners of the adjoining land if those owners are nor entitled
to the first offer as above, they ought nevertheless to receive the first
offer; but in that case there is no objection to asking the market value,
though the reasonable offer of a neighbouring holder should always have the
preference over that of an outsider."
"The Superior
Revenue authority will, of course always retain and exercise discretion in the
application of the general rule about the charge of cost price. Special cases
will occur, and exceptions will be justifiable, as for example, when the
persons first entitled are remote descendant of relations of the original
holders, or when the rise in the market value of the land has been so
exceptionally great as to take the case out of the general rule. the government
of India lay down no hard and fast rule, but only a principle for general
guidance."
"It will be
observed that the above principles apply to agricultural and pastoral land
only, and not to building sites or town land."
2. It will be for Local
Government and Administrations to issue instructions adapted to local
circumstances, in general conformity with the above considerations. Those
instructions will be mere executive instructions; and the greatest care should
be taken to avoid anything which might have the semblance of conferring a
right, or affording a basis for any claim either as against Government or as
between Private parties, and to make it clear that the concession are made as
an act of grace, and are wholly within the pleasure of Government to grant or
to refuse in any particular case.
1040. In the case of disposal of land to
Department of the Central Government the amount payable will be the market
value of the land and the buildings thereon. In all other cases land will be
disposed of at the highest offer which is considered reasonable.
1041. Powers of Sanction-In all cases of disposals whether under
paragraph 1038 or 1040 conditions of restriction of uses agreed upon by both
parties may be embodied in the transfer of sale deeds. Where the estimated
value of the land exceeds Rs. 1,00,000 a prior reference should be made to
Railway Board.
1042. Refund of Capitalized value of Land Revenue.-In cases where railway land is transferred to a
State Government and where the capitalized value of the land revenue had been
paid to the Local Government on acquisition, the amount payable by the State
Government for the land should include the refund of the capitalized value. In
the case of land disposed of to private parties the refund of the capitalized
value of land revenue by the State Government will not, however, be necessary.
1043. Adjustment of Sale Proceeds.-The proceeds of all railway land disposed of
less any charges properly incurred in their disposal, will be credited to the
Capital account of the railway. As in the case of acquisition, a State
Government may be reimbursed the cost of special establishment employed in
connection with disposal proceedings.
1044. Completion of Sale or Transfer. As in acquisition, the process of disposal is
not completed until possession of the land is made over (and in no
circumstances should this be done until the terms of sale or transfer have been
settled); and until the sale or transfer is complete all rights in the land
continue to vest in the Central Government, Ministry of Railways. After sale or
transfer is complete, the railway boundary marks, land plans & c., should
be adjusted accordingly.
Miscellaneous
1045 Exchange of Railway Land.-A Railway Administration may, at its discretion
effect an equitable exchange of land in its occupation for other land equally
suited to their requirements, with or without a monetary adjustment, the method
of transfer following, with necessary changes, that prescribed for disposal of
land.
1046. Transfer of Land to or from the Military
Authorities.I-n regard to transfer
of land to or from the Military Authorities the procedure laid down in
paragraph 951 et seq should be followed.
1047. Demarcation of Land.-The following rules for the demarcation of land
have been laid down by the Government of India under Section 13(a) of the
Indian Railways Act IX of 1890 :
(a) All land permanently
occupied for the purposes of a railway shall have its boundaries defined on the
ground in such a manner as to enable such boundaries to be readily ascertained
and identified.
(b) For this purpose the
boundary of the railway land may be defined by a continuous wall, fence or
ditch or by detached marks, posts or pillars.
(c) Where the boundary
mark is continuous, the boundary of the railway land is to be on the outer edge
of the wall, fence or ditch, that is to say the wall, fence or ditch will be
situated wholly on railway land.
(d) Where detached
marks, such as isolated posts or pillars are used, the boundary of the railway
land will pass along the outside of such posts and pillars, Between the marks
the boundary will in each case be taken in a straight line from the outside of
one mark to the outside of the next mark.
(e) Detached marks
should in no case be at a greater distance apart (centre to centre) than 50
(Fifty) metres. They should be of a substantial character, not easily destroyed
or moved by accident or mischief, and of such size and form as can be readily
found and recognized.
(Authority: Railway Board
letter No.98/LML/14/156 dated 21-12-2001)
(f) Each detached
boundary mark should bear a number. The position and number of each detached
boundary mark should be shown on the Land Plan.
(g) Where a fence, wall
or ditch is situated at some distance within the boundary and does not mark the
actual limit of the railway land it will be necessary (in addition to such
fence, wall or ditch) to have the actual boundary of the railway land properly
marked and defined in accordance with these rules.
1048. Every Railway Administration is responsible for the
demarcation and periodical verification of the boundaries and the maintenance
of proper records in connection therewith of all land in the possession of that
Railway.
1049. Eviction of unauthorised occupants.-The eviction of unauthorised occupants from
public premises is regulated by the provisions of "The Public Premises
(Eviction of Unauthorised Occupants) Act 1971, which is reproduced as Appendix
VII of this Code. Action under this Act can be taken only by those officers who
are appointed as Estate Officers by a notification in the official Gazette. The
term "Act" in paras 1050 to 1058 refers to the Public Premises
(Eviction of Unauthorised Occupants) Act 1971.
1050. Forms of notices and orders.- A notice or order
under the Act shall be in one of the appropriate, forms indicated in Appendix
VIII.
1051. Manner of service of notices and orders.--(i) In addition to any mode of service
specified in the Act, a notice issued under sub-section (1) of section 4 of sub
section (1) or section 6 or sub section (1) or (2) of section 7 or sub-section
(1) of section (13) of the Act shall be served by delivering or tendering a
copy of the notice to the person for whom it is intended or to any adult member
of this family or by sending it by registered post acknowledgement due in a
letter addressed to that person at his usual or last known place or residence
or business.
(ii) When the copy of
the notice as indicated in sub para (i) is delivered or tendered the signature
of the person to whom the copy is so delivered or tendered should be obtained
in token of acknowledgement of the service.
(iii) In respect of a
notice issued under sub section (1) of section 4 or sub section (1) of section
6 or sub section (1) or (2) of section or sub section (1) of section 13 of the
Act, where the person or the adult member of the family of such person refuses
to sign acknowledgement or where such person cannot be found after using all
due and reasonable diligence, and there is no adult member of the family of
such person, a copy of the notice shall be affixed on the outer door or some
other conspicuous part of the ordinary residence or usual place of business of
such person and the original shall be returned to the Estate Officer who issued
the notice, with a report endorsed theron or annexed thereto stating that a
copy has been so affixed, the circumstances under which it was done so and the
name and address of the person, if any by whom the ordinary residence or usual
place of business was identified and in whose presence the copy was affixed.
(iv) If a notice issued
under sub section (1) of section 4 or sub section (1) or (2) of section 7 or
sub-section (1) of section 13 of the Act cannot be served in the manner
provided in sub para(i), the Estate Officer may, if he thinks fit, direct that
such notice shall also be published in at least one newspaper having
circulation in the locality and he may also proclaim the contents of any notice
in the locality by beat of drums.
1052. Holding of inquiries.-When any person on whom a notice or order under
this Act has been served desires to be heard through his representative, he
should authorise such representative in writing.
The Estate Officer shall
record the summary of the evidence tendered before him. The summary of such
evidence and any relevant documents filed before him shall form part of the
records of the proceedings.
1053. Transfer of Pending Proceedings.-(i) On the application of any person on whom a
notice or order under this Act has been served and after hearing him, if he
desires to be hear, or of its own motion, the Central Government or any officer
specially authorised by the Central Government in this behalf by notification
in the official Gazette may at any stage transfer any proceedings pending
before an Estate Officer for disposal of the same.
(ii) When any
proceedings have been transferred as indicated in sub para (i), the Estate
Officer who thereafter is in-charge of such proceeding may, subject to any
special directions in the order of transfer, either restart it or proceed from
the point at which it was transferred.
1054. Manner of taking possession of public
premises.--(i) If any obstruction
is offered, or in the opinion of the Estate Officer is likely to be offered to
the taking possession of any public premises under the Act, the Estate Officer
or any other officer duly authorised by him in this behalf may obtain necessary
police assistance.
(ii) Where any public
premises of which possession is to be taken under the Act is found to be
locked, the Estate Officer or any other officer duly authorized by him in this
behalf may either seal the premises or in the presence of two witnesses break
open the locks or open or caused to be opened any door, gate or other barrier
and enter the premises provided that----
- (a) No entry shall be made into or possession taken of,
a public premise before sunrise or after sunset;
- (b) Where any public premises is forced open, and
inventory of the articles found in the pre- mises shall be taken in the
presence of two witnesses.
1055. Assessment of damages.-In assessing damages for unauthorised use and
occupation of any public premises the Estate Officer shall take into
consideration the following matters namely :--
- (a) The purpose and the period for which the public
premises were in unauthorised occupation;
- (b) The nature, size and standard of the accommodation
available in such premises;
- (c) The rent that would have been realised, if the
premises had been let out on rent for the period of unauthorised occupation
to a private person;
- (d) Any damage done to the premises during the period
of unauthorised occupation; and
- (e) Any other matter relevant for purpose of assessing
the damages.
1056. Procedure in appeals.-(i) An appeal preferred under section 9 of the Act
shall be in writing, shall set forth concisely the grounds of objection to the
order appealed against and shall be accompanied by a copy of such order.
(ii) On receipt of the
appeal and after calling for and persuing the records of the proceedings before
the Estate Officer, the appellate officer shall appoint a time and place for
the hearing of the appeal and shall give notice thereof to the Estate Officer
against whose orders the appeal is preferred, the appellant and to the head of
the department or authority in administrative control of the premises.
1057. Functioning of Estate Officers.- Estate Officer is an individual and the decision
to be taken by him under Public Premises (Eviction of Unauthorised Occupants)
Act, is personal to him and the power to decide is vested in him personally and
in exercising it he has to act quasi-judicially and can not accept any private
advice or guidance in coming to a conclusion. Estate Officer function as
quasijudicial authority and it would be inappropriate for him to seek even
informally the opinion or advice of the Ministry of Law, save with the
knowledge and consent of the party to the proceeding.
1058. Proceedings of Estate Officer are not
judicial proceedings and as such Evidence Act is not applicable, though the
basic principles of the same should be observed. Estate Officer should maintain
separate record of all his proceedings under the Act and departmental notings
should not be mixed up with such record.
1059. Unauthorised fishing in Railway lakes
cannot be brought under Public Premises (Eviction of Unauthorised Occupants)
Act.
Multiple choice questions:
- Under Article 294 of the Constitution, which entities
inherit property and assets vested in His Majesty for the purpose of the
Government of the Dominion of India?
- a) Union and the corresponding State
- b) Union Government and State Government
- c) Government of India and Government of Pakistan
- d) Government of each State and Government of each
Province
Answer:
a) Union and the corresponding State
- Article 295 of the Constitution pertains to succession
of property, assets, rights, liabilities, and obligations in which cases?
- a) Cases involving Indian States specified in Part A
of the First Schedule
- b) Cases involving Indian States specified in Part B
of the First Schedule
- c) Cases involving Indian States specified in Part C
of the First Schedule
- d) Cases involving Indian States specified in Part D
of the First Schedule
Answer:
b) Cases involving Indian States specified in Part B of the First Schedule
- What is the primary condition for the management of
Railway land by the State Government according to the text?
- a) The land must be used for agricultural purposes
only
- b) The land must remain in the "occupation" of
the Central Government
- c) The land must be sold within a year
- d) The land must be used for commercial purposes only
Answer:
b) The land must remain in the "occupation" of the Central Government
- Disputes regarding titles between the Union Government
and State Government are determined by which authority?
- a) High Court
- b) Railway Board
- c) Supreme Court
- d) Central Government
Answer:
c) Supreme Court
- When transferring land or buildings from Railways to
another department of Government, what value is charged?
- a) Nominal value
- b) Market value
- c) Subsidized value
- d) Historical value
Answer:
b) Market value
- The duty to preserve unimpaired title to all land in
its occupation and to keep it free from encroachment falls on which
administration?
- a) State Government
- b) Railway Administration
- c) Union Government
- d) Local Government
Answer:
b) Railway Administration
- Who is competent to act on behalf of the President for
the institution of suits by or against the President in the context of
Indian Railways?
- a) General Managers
- b) Officers of Indian Railways
- c) State Government Officials
- d) Members of the Railway Board
Answer:
b) Officers of Indian Railways
- In the management of Railway land, which department is
primarily responsible for drawing up supplementary rules to ensure the
land is kept free from encroachment and boundaries inspected?
- a) Legal Department
- b) Engineering Department
- c) Administrative Department
- d) Financial Department
Answer:
b) Engineering Department
- The use of "available" Railway land for
purposes connected with the working of the Railway, such as Bulk Oil
Installations or Warehouses, requires reference to which authority?
- a) State Government
- b) Railway Administration
- c) Local Municipality
- d) No reference required
Answer:
d) No reference required
- What should not be allowed on Railway land leased or
licensed for purposes not connected with the working of the Railway?
- a) Temporary structures
- b) Permanent structures
- c) Agricultural activities
- d) Commercial activities
Answer: b) Permanent structures
- The leasing or licensing of Railway land for religious
or educational purposes requires the sanction of which body?
- a) State Government
- b) Railway Board
- c) Local Municipality
- d) Central Government
Answer: b) Railway Board
- Which method of transfer is preferred if there is a
danger of accrual of occupancy rights when managing Railway land?
- a) Lease
- b) Sale
- c) License
- d) Mortgage
Answer: c) License
- What is the role of the Railway Administration
regarding the management of "available" land?
- a) Preserve the land for future use
- b) Put the land to profitable use
- c) Sell the land to private entities
- d) Use the land for agricultural purposes only
Answer: b) Put the land to
profitable use
- Which authority decides the management method for
Railway land by a State Government?
- a) State Government
- b) Railway Administration
- c) Local Municipality
- d) Central Government
Answer: a) State Government
- Who bears the costs incurred by the State Government
when they are asked to intervene in litigation involving Railway land?
- a) Union Government
- b) Railway Company
- c) State Government
- d) Local Municipality
Answer: b) Railway Company
16.What
is the primary purpose of the terms in the lease agreements and licenses for
railway lands?
a) To ensure the profitability of
private parties
b) To safeguard the interests of the Central Government and Railway
Administration
c) To ensure lands are leased out quickly
d) To promote urban development
Answer: b) To safeguard the interests of the Central Government and
Railway Administration
17.
Under what condition can railway staff be permitted to cultivate small plots of
railway land?
a) At a high rental fee
b) Free of charge at the discretion of the Railway Administration
c) Only after paying a security deposit
d) Only during the harvest season
Answer: b) Free of charge at the discretion of the Railway
Administration
18.
How is the license fee for railway land licensed to private parties determined?
a) Based on a fixed rate of Rs. 500
per annum
b) A return of six percent on the market value of the land
c) A return of twelve percent on the market value of the land
d) Based on the railway's operational costs
Answer: b) A return of six percent on the market value of the land
19.
What is the frequency of rent revision for railway land licensed to private
parties in large towns and commercial centers?
a) Annually
b) Every five years
c) Every ten years
d) No revision required
Answer: b) Every five years
20.
What must the license agreement for railway land licensed to outsiders include
regarding security deposits?
a) No security deposit is required
b) A deposit equivalent to 6 months' occupation fee
c) A deposit equivalent to 12 months' occupation fee
d) A deposit equivalent to 24 months' occupation fee
Answer: c) A deposit equivalent to 12 months' occupation fee
21.
When licensing railway land to government-owned undertakings, what is NOT
typically required?
a) Payment of security deposits
b) Payment of advanced rent
c) Payment of occupation fees
d) Liquidated damages for late payment
Answer: a) Payment of security deposits
22.
At what rate should the uniform rent be levied for railway land licensed to
other Government Departments?
a) 5 percent of the market value
b) 6 percent of the market value
c) 7 percent of the market value
d) 8 percent of the market value
Answer: b) 6 percent of the market value
23.
For how long can railway land be licensed to the State Government for opening
new schools in railway colonies?
a) 10 years
b) 20 years
c) 30 years
d) 50 years
Answer: c) 30 years
24.
What should the agreement for way leave facilities/easement rights on railway
land NOT include?
a) Terms like ‘Licence’ and ‘Licence
fee’
b) Permission for limited use
c) Way leave charges
d) Right of Railway Administration to enter the land at any time
Answer: a) Terms like ‘Licence’ and ‘Licence fee’
25.
Who is responsible for processing all way leave proposals at the Divisional
level?
a) The General Manager
b) The Financial Adviser
c) The Chief Engineer
d) The Sr.DEN(Co-ord)
Answer: d) The Sr.DEN(Co-ord)
26.
What is the policy of the Railway Board regarding the retention of railway
land?
a) To retain as much land as
possible
b) To dispose of all land not currently in use
c) To limit holdings to actual requirements
d) To lease out all land for commercial use
Answer: c) To limit holdings to actual requirements
27.
What is the first step in the disposal of railway land that is no longer
required?
a) Sell to the highest bidder
b) Offer it to another railway or department of the Central Government
c) Offer it to private developers
d) Retain it for future use
Answer: b) Offer it to another railway or department of the Central
Government
28.
When is the State Government given the option to assume possession of railway
land?
a) Immediately after the Central
Government decides to dispose of it
b) Within six months of the Central Government's intention to surrender the
land
c) Within one year of the Central Government's intention to surrender the land
d) Only if the land is in a rural area
Answer: b) Within six months of the Central Government's intention
to surrender the land
29.
What should be done if the State Government is unwilling to undertake
negotiations for the sale of railway land?
a) The railway administration should
handle the negotiations
b) The land should be retained indefinitely
c) The land should be offered to private housing societies
d) The land should be transferred to the local municipality
Answer: a) The railway administration should handle the
negotiations
30.
According to the guidelines, who retains the right to make final decisions in
case of disagreement over the terms and conditions of land disposal?
a) The State Government
b) The Railway Administration
c) The Central Government
d) The local revenue authority
Answer: c) The Central Government
31.In cases where railway land is
transferred to a State Government, what should the amount payable by the State
Government include?
- A) The cost of the land only
- B) The refund of the capitalized value of land revenue
- C) Maintenance costs
- D) Future development costs
Answer: B) The refund of the capitalized value of land revenue
32.Who must be referred to when
the estimated value of railway land exceeds Rs. 1,00,000?
- A) Local Government
- B) Ministry of Finance
- C) Railway Board
- D) State Government
Answer: C) Railway Board
33.How should the proceeds from
the disposal of railway land be credited?
- A) To the Local Government's account
- B) To the Revenue account of the railway
- C) To the Capital account of the railway
- D) To the Central Government's account
Answer: C) To the Capital account of the railway
34.When is the process of
disposal of railway land considered complete?
- A) When the transfer deed is signed
- B) When possession of the land is made over
- C) When the Railway Board approves the transfer
- D) When payment is received
Answer: B) When possession of the land is made over
35.What should be done to railway
boundary marks and land plans after a sale or transfer is complete?
- A) They should be sold
- B) They should be destroyed
- C) They should be adjusted accordingly
- D) They should be ignored
Answer: C) They should be adjusted accordingly
36.What is required for the
demarcation of land permanently occupied for railway purposes?
- A) It should be left unmarked
- B) Boundaries should be defined on the ground in a
manner that they can be readily ascertained and identified
- C) Boundaries should be marked only on paper
- D) No specific requirement is needed
Answer: B) Boundaries should be defined on the ground in a manner
that they can be readily ascertained and identified
37.What should be done if a
public premises is found to be locked during an eviction process?
- A) Wait until the premises is unlocked
- B) Break open the locks in the presence of two
witnesses
- C) Seal the premises immediately
- D) Seek court permission before taking any action
Answer: B) Break open the locks in the presence of two witnesses
38.What factors should the Estate
Officer consider when assessing damages for unauthorized occupation?
- A) Only the period of unauthorized occupation
- B) The purpose, period, nature, size, standard of
accommodation, rent, damage, and any other relevant matters
- C) The personal circumstances of the unauthorized
occupant
- D) Only the rent that would have been realized
Answer: B) The purpose, period, nature, size, standard of
accommodation, rent, damage, and any other relevant matters
39.Who is responsible for the
demarcation and periodical verification of railway land boundaries?
- A) The State Government
- B) The Central Government
- C) Every Railway Administration
- D) The Local Municipal Authority
Answer: C) Every Railway Administration
40.What action can be taken if a
person refuses to acknowledge receipt of a notice under the Public Premises
(Eviction of Unauthorized Occupants) Act?
- A) Ignore the refusal
- B) Serve another notice immediately
- C) Affix a copy of the notice on the outer door or a
conspicuous part of the residence or place of business
- D) Report the refusal to the police
Answer: C) Affix a copy of the notice on the outer door or a
conspicuous part of the residence or place of business
41.Under what condition can a
railway land be exchanged for other land?
- A) With or without a monetary adjustment
- B) Only with a monetary adjustment
- C) Only with approval from the State Government
- D) Only if the land is of higher value
Answer: A) With or without a monetary adjustment
42.What must be done with public
premises that are sealed during an eviction?
- A) Keep them sealed indefinitely
- B) Maintain an inventory of articles found inside in
the presence of two witnesses
- C) Allow the occupant to retrieve belongings at any
time
- D) Inform the nearest police station immediately
Answer: B) Maintain an inventory of articles found inside in the
presence of two witnesses
43.Who can be appointed to take
action under the Public Premises (Eviction of Unauthorized Occupants) Act?
- A) Any government official
- B) Any railway employee
- C) Officers appointed as Estate Officers by a
notification in the official Gazette
- D) Members of the public
Answer: C) Officers appointed as Estate Officers by a notification
in the official Gazette
44.What must be shown on the Land
Plan regarding detached boundary marks?
- A) The size and shape of each mark
- B) The position and number of each detached boundary
mark
- C) The color of each mark
- D) The material used for each mark
Answer: B) The position and number of each detached boundary mark
45.What should be done if an
estate officer believes there will be obstruction to taking possession of
public premises?
- A) Proceed without any assistance
- B) Seek necessary police assistance
- C) Abandon the eviction process
- D) Issue another notice
Answer: B) Seek necessary police assistance.
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