Category Archive Railways Law

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The Railways (Employment of Members of the Armed Forces) Act, 1965

[Act No. 40 OF 1965]

[3rd December, 1965]

An Act to make certain provisions relating to the employment of members of the Armed Forces of the Union in the working and management of railways.

BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows:-

1. Short title and extent.

(1) This Act may be called the Railways (Employment of Members of the Armed Forces), Act, 1965.

(2) It extends to the whole of India

2. Interpretation.

Words and expressions used in this Act and defined in the Indian Railways Act, 1890(9 of 1890), shall have the meanings respectively assigned to them in that Act.

3. Employment of members of Armed Forces of the Union to assist a railway administration in connection with the service of a railway.

(1) When any member of the Armed Forces of the Union is employed to assist a railway administration in connection with the service of a railway, then, whether such employment was before or is after the commencement of this Act,-

(a) Any provision of the Indian Railways Act, 1890(9 of 1890), or of the rules made thereunder, which confers a power, status or immunity, or imposes a duty or liability, upon a railway servant, in connection with the working use, management and maintenance of railways, shall be construed as conferring the same power, status or immunity or imposing the same duty or liability, as the case may be, upon such member of the Armed Forces of the Union when so employed;

(b) The employment of a member of the Armed Forces of the Union, in addition to or in the place of any railway servant, shall not affect any liability that would have attached to the railway administration had such member been a railway servant.

(2) Nothing in sub-section (1) shall be construed as making applicable to the members of the Armed Forces of the Union employed to assist a railway administration the provisions of Chapter VIA of the Indian Railways Act, 1890(9 of 1890), or as derogating from any provision of a law regulating the governance, control and discipline of the members of the Armed Forces of the Union.

4. Employment of members of Armed Forces of the Union to replace railway administration in working a railway.

If at any time the whole of the working management and maintenance of a railway, or of a specific portion or section of a railway, is assumed by the Armed Forces of the Union, the Central Government may notify the fact of such assumption in the Official Gazette, and thereupon, so long as such assumption continues, the Indian Railways Act, 1890(9 of 1890), shall cease to be applicable to the Railway or the portion or section of the Railway concerned.

5. Repeal and saving.

(1) The Railways (Employment of Members of the Armed Forces) Ordinance, 1965(4 of 1965) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act had commenced on the 29th day of September, 1965.

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Railways (Amendment) Act, 2008

RAILWAYS (AMENDMENT) ACT, 20081

[Act No. 11 of 2008]

[March 28, 2008]

An Act further to amend the Railways Act, 1989

Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:-

——————–

1. Received the assent of the President on March 28, 2008 and published in the Gazette of India, Extra., Part II, Section 1

1. Short title and commencement.

(1) This Act may be called the Railways (Amendment) Act, 2008.

(2) It shall be deemed to have come into force on the 31st day of January, 2008.

2. Amendment of Section 2.

In Section 2 of the Railways Act, 1989 (24 of 1989) (hereinafter referred to as the principal Act),-

(a) after clause (7), the following clause shall be inserted, namely:-

‘(7-A) “competent authority” means any person authorized by the Central Government, by notification, to perform the functions of the competent authority for such area as may be specified in the notification;

(b) after clause (29), the following clause shall be inserted, namely:-

‘(29-A) “person interested” includes,-

(i) all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act;

(ii) tribal and other traditional forest dwellers, who have lost any traditional rights recognized under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007);

(iii) a person interested in an easement affecting the land; and

(iv) persons having tenancy rights under the relevant State laws;

(c) after clause (37), the following clause shall be inserted, namely:-

‘(37-A) “special railway project” means a project, notified as such by the Central Government from time to time, for providing national infrastructure for a public purpose in a specified time-frame, covering one or more States or the Union territories;’

3. Insertion of new Chapter IV-A.

After Chapter IV of the principal Act, the following chapter shall be inserted, namely:-

‘CHAPTER IV-A

LAND ACQUISITION FOR A SPECIAL RAILWAY PROJECT

20-A. Power to acquire land, etc.

(1) Where the Central Government is satisfied that for a public purpose any land is required for execution of a special railway project, it may, by notification, declare its intention to acquire such land.

(2) Every notification under sub-section (1), shall give a brief description of the land and of the special railway project for which the land is intended to be acquired.

(3) The State Government or the Union territory, as the case may be, shall for the purposes of this section, provide the details of the land records to the competent authority, whenever required.

(4) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which shall be in a vernacular language.

20-B. Power to enter for survey, etc.

On the issue of a notification under subsection (1) of Section 20-A, it shall be lawful for any person, authorized by the competent authority in this behalf, to-

(a) make any inspection, survey, measurement, valuation or enquiry;

(b) take levels;

(c) dig or bore into sub-soil;

(d) set out boundaries and intended lines of work;

(e) mark such levels, boundaries and lines placing marks and cutting trenches; or

(f) do such other acts or things as may be considered necessary by the competent authority.

20-C. Evaluation of damages during survey, measurement, etc.

The damages caused while carrying out works on land such as survey, digging or boring sub-soil, marking boundaries or cutting trenches or clearing away any standing crop, fence or forest or doing such other acts or things which may cause damages while acting under Section 20-B particularly relating to land which is excluded from acquisition proceeding, shall be evaluated and compensation shall be paid to the persons having interest in that land, within six months from the completion of the said works.

20-D. Hearing of objections, etc.

(1) Any person interested in the land may, within a period of thirty days from the date of publication of the notification under subsection (1) of Section 20-A, object to the acquisition of land for the purpose mentioned in that sub-section.

(2) Every objection under sub-section (1), shall be made to the competent authority in writing, and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections.

Explanation.-For the purposes of this sub-section, “legal practitioner” has the same meaning as in clause (i) of sub-section (1) of Section 2 of the Advocates Act, 1961 (25 of 1961).

(3) Any order made by the competent authority under sub-section (2) shall be final.

20-E. Declaration of acquisition.

(1) Where no objection under sub-section (1) of Section 20-D has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objections under sub-section (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification, that the land should be acquired for the purpose mentioned in sub-section (1) of Section 20-A.

(2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encumbrances.

(3) Where in respect of any land, a notification has been published under subsection (1) of Section 20-A for its acquisition, but no declaration under sub-section (1) of this section has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect:

Provided that in computing the said period of one year, the period during which any action or proceedings to be taken in pursuance of the notification issued under subsection (1) of Section 20-A is stayed by an order of a court shall be excluded.

(4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority.

20-F. Determination of amount payable as compensation.

(1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority.

(2) The competent authority shall make an award under this section within a period of one year from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse:

Provided that the competent authority may, after the expiry of the period of limitation, if he is satisfied that the delay has been caused due to unavoidable circumstances, and for the reasons to be recorded in writing, he may make the award within an extended period of six months:

Provided further that where an award is made within the extended period, the entitled person shall, in the interest of justice, be paid an additional compensation for the delay in making of the award, every month for the period so extended, at the rate of not less than five per cent of the value of the award, for each month of such delay.

(3) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition, an amount calculated at ten per cent of the amount determined under sub-section (1), for that land.

(4) Before proceeding to determine the amount under sub-section (1) or subsection (3), as the case may be, the competent authority shall give a public notice published in two local newspapers, one of which shall be in a vernacular language inviting claims from all persons interested in the land to be acquired.

(5) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of Section 20-D, before the competent authority, at a time and place and to state the nature of their respective interest in such land.

(6) If the amount determined by the competent authority under sub-section (1) or as the case may be, sub-section (3) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government in such manner as may be prescribed.

(7) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act.

(8) The competent authority or the arbitrator while determining the amount of compensation under sub-section (1) or sub-section (6), as the case may be, shall take into consideration-

(a) the market value of the land on the date of publication of the notification under Section 20-A;

(b) the damage, if any sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land;

(c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings;

(d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.

(9) In addition to the market-value of the land as above provided, the competent authority or the arbitrator, as the case may be, shall in every case award a sum of sixty per centum on such market-value, in consideration of the compulsory nature of the acquisition.

20-G. Criterion for determination of market value of land.

(1) The competent authority shall adopt the following criteria in assessing and determining the market value of the land,-

(i) the minimum land value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds in the area, where the land is situated; or

(ii) the average of the sale price for similar type of land situated in the village or vicinity, ascertained from not less than fifty per cent of the sale deeds registered during the preceding three years, where higher price has been paid;

whichever is higher.

(2) Where the provisions of sub-section (1) are not applicable for the reason that:

(i) the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area; or

(ii) the registered sale deeds for similar land as mentioned in clause (i) of subsection (1) are not available for the preceding three years; or

(iii) the minimum land value has not been specified under the Indian Stamp Act, 1899 (2 of 1899) by the appropriate authority,

the concerned State Government shall specify the floor price per unit area of the said land based on the average higher prices paid for similar type of land situated in the adjoining areas or vicinity, ascertained from not less than fifty per cent of the sale deeds registered during the preceding three years where higher price has been paid, and the competent authority may calculate the value of the land accordingly.

(3) The competent authority shall, before assessing and determining the market value of the land being acquired under this Act,-

(a) ascertain the intended land use category of such land; and

(b) take into account the value of the land of the intended category in the adjoining areas or vicinity,

for the purpose of determination of the market value of the land being acquired.

(4) In determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, the competent authority may use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by the competent authority.

(5) The competent authority may, for the purpose of determining the value of trees and plants, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him.

(6) For the purpose of assessing the value of the standing crops damaged during the process of land acquisition proceedings, the competent authority may utilise the services of experienced persons in the field of agriculture as he considers necessary.

20-H. Deposit and payment of amount.

(1) The amount determined under Section 20-F shall be deposited by the Central Government, in such manner as may be prescribed by that Government, with the competent authority before taking possession of the land.

(2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto.

(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.

(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.

(5) Where the amount determined under Section 20-F by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent per annum on such excess amount from the date of taking possession under Section 20-1 till the date of actual deposit thereof.

(6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government, in such manner as may be prescribed by that Government, with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit.

20-I. Power to take Possession.

(1) Where any land has vested in the Central Government under sub-section (2) of Section 20-E, and the amount determined by the competent authority under Section 20-F with respect to such land has been deposited under sub-section (1) of Section 20-H with the competent authority by the Central Government, the competent authority may, by notice in writing, direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within a period of sixty days of the service of the notice.

(2) If any person refuses or fails to comply with any direction made under subsection (1), the competent authority shall apply-

(a) in case of any land situated in any area falling within the metropolitan area, to the Commissioner of Police;

(b) in case of any land situated in any area other than the area referred to in clause (a), to the Collector of a district,

and such Commissioner or Collector, as the case may be, shall enforce the surrender of the land, to the competent authority or to the person duly authorised by it.

20-J. Right to enter into land where land has vested in Central Government.

Where the land has vested in the Central Government under Section 20-E, it shall be lawful for any person authorised by the Central Government in this behalf, to enter and do other act necessary upon the land for carrying out the building, maintenance, management or operation of the special railway project or part thereof or any other work connected therewith.

20-K. Competent authority to have certain powers of civil court.

The competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) reception of evidence on affidavits;

(d) requisitioning any public record from any court or office;

(e) issuing commission for examination of witnesses.

20-L. Utilisation of land for the purpose it is acquired.

(1) The land acquired under this Act shall not be transferred to any other purpose except for a public purpose, and after obtaining the prior approval of the Central Government.

(2) When any land or part thereof, acquired under this Act remains unutilized for a period of five years from the date of taking over the possession, the same shall return to the Central Government by reversion.

20-M. Sharing with landowners the difference in price of a land when transferred for a higher consideration.

Whenever any land acquired under this Act is transferred to any person for a consideration, eighty per cent of the difference in the acquisition cost and the consideration received, which in no case shall be less than the acquisition cost, shall be shared amongst the persons from whom the lands were acquired or their heirs, in proportion to the value at which the lands were acquired, and for the purpose, a separate fund may be maintained which shall be administered by the competent authority in such manner as may be prescribed by the Central Government.

20-N. Land Acquisition Act 1 of 1894 not to apply.

Nothing in the Land Acquisition Act, 1894 shall apply to an acquisition under this Act.

20-O. Application of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition.

The provisions of the National Rehabilitation and Resettlement Policy, 2007 for project affected families, notified by the Government of India in the Ministry of Rural Development vide number F. 26011/4/2007-LRD, dated the 31st October, 2007, shall apply in respect of acquisition of land by the Central Government under this Act.

20-P. Power to make rules in respect of matters in this chapter.

(1) The Central Government may, by notification, make rules to carry out the purposes of this chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the manner of appointment of arbitrator under sub-section (6) of Section 20-F;

(b) the manner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of Section 20-H;

(c) the manner of maintenance and administration of separate fund for the purposes of Section 20-M.’.

4. Repeal and savings.

(1) The Railways (Amendment) Ordinance, 2008 (Ord. 2 of 2008) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act.

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Railways (Amendment) Act, 2005

RAILWAYS (AMENDMENT) ACT, 20051

[No. 47 OF 2005]

[September 15, 2005)

An Act further to amend the Railways Act, 1989

Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-

Prefatory Note-Statement of Objects and Reasons.-As per the Ninth Plan document, the Railways can supplement their financial resources through non-tariff measures like commercial utilisation of land and the air space above such land. The Railways within the existing set up took up the commercial utilisation of land but the desired success could not be achieved. Further, development of property being a specialized field requires expertise, marketing acumen, innovative strategies and full time attention. It is, therefore, considered necessary to set up a separate authority to be called the Rail Land Development Authority under the Railways Act, 1989 which could exclusively deal with commercial development of railway land and the air space above such land. The Rail Land Development Authority is proposed to be set up by suitably amending the Railways Act, 1989, by inserting a new Chapter II-A therein. The Authority shall, inter alia,-

(a) prepare scheme or schemes for use of railway land in conformity with the provisions of the Act;

(b) develop railway land for commercial use as may be entrusted to it by the Central Government or a railway administration for the purpose of generating revenue by non-tariff measures;

(c) develop and provide consultancy, constructions and management services and undertake operations in India in relation to development of land and property; and

(d) undertake beautification of station surroundings and provide modern amenities to rail users, etc. through the commercial development route.

It is also proposed to amend Section 11 of the Railways Act, 1989 so as to include commercial utilisation of railway land as part of the work of the Railways. 2. The Bill seeks to achieve the above objects.

——————–

1. Received the assent of the President on September 15, 2005 and published in the Gazette of India, Extra., Part II, Section 1, dated 16th September, 2005, pp. 1-3, No. 53

1. Short title and commencement.

(1) This Act may be called the Railways (Amendment) Act, 2005.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of Section 2.

In Section 2 of the Railways Act, 1989 (24 of 1989) (hereinafter referred to as the principal Act),-

(a) after clause (1), the following clause shall be inserted, namely:-

‘(1-A) “Authority” means the Rail Land Development Authority constituted under Section 4-A;’;

(b) after clause (32), the following clause shall be inserted, namely:-

‘(32-A) “railway land” means any land in which a Government railway has any right, title or interest;’.

3. Insertion of new Chapter II-A.

After Chapter II of the principal Act, the following chapter shall be inserted, namely:-

CHAPTER II-A

RAIL LAND DEVELOPMENT AUTHORITY

4-A. Establishment of Railway Land Development Authority.-

The Central Government may, by notification, establish an authority to be called the Rail Land Development Authority to exercise the powers and discharge the functions conferred on it by or under this Act.

4-B. Composition of Authority.-

(1) The Authority shall consist of a Chairman, Vice-Chairman and not more than four other members.

(2) The Member Engineering, Railway Board shall be the Chairman, ex officio, of the Authority.

(3) The Vice-Chairman and three other members shall be appointed by the Central Government from amongst persons who are or have been working in the Civil Engineering, Finance and Traffic discipline of any railway administration and having adequate experience in the relevant discipline as the Central Government may consider necessary.

(4) The Central Government shall also appoint a member who shall be a person from outside the railway administration and having adequate experience in such field as it may consider necessary.

4-C. Terms and conditions of appointment of Vice-Chairman and other Members.-

The terms and conditions of appointment of the Vice-Chairman and the other Members of the Authority, other than the Chairman, and the manner of filling causal vacancies among them shall be such as may be prescribed.

4-D. Functions of Authority.-

(1) The Authority shall discharge such functions and exercise such powers of the Central Government in relation to the development of railway land and as are specifically assigned to it by the Central Government.

(2) In particular, and without prejudice to the generally of the foregoing power, the Central Government may assign to the Authority all or any of the following functions, namely:-

(i) to prepare scheme or schemes for use of railways land in conformity with the provisions of this Act;

(ii) to develop railway land for commercial use as may be entrusted by the Central Government for the purpose of generating revenue by non-tariff measures;

(iii) to develop and provide consultancy, construction or management services and undertake operation in India in relation to the development of land and property;

(iv) to carry out any other work or function as may be entrusted to it by the Central Government, by order in writing.

4-E. Powers of Authority to enter into agreements and execute contracts.-

Subject to such directions as may be given to it by the Central Government, the Authority shall be empowered to enter into agreements on behalf of the Central Government and execute contracts.

4-F. Procedure of transaction of business of Authority.-

The Authority shall have power to regulate, by means of regulations made by it, its own procedure (including quorum at its meetings) and the conduct of all business to be transacted by it, the constitution of Committee and Sub-Committees of Members and the delegation to them any of the powers (excluding the power to make regulations under this chapter) and to perform duties of the Authority.

4-G. Appointment of officers and other employees of Authority.-

(1) For the purpose of enabling it efficiently to discharge its functions under this Act, the Central Government shall provide the Authority with such officers and other employees, and the Authority shall, subject to the rules as may be made by the Central Government in this behalf, appoint, whether on deputation or otherwise, such number of officers and other employees as it may deem necessary.

(2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the Authority, shall be such as may be prescribed.

4-H. Salaries, allowances, etc. to be defrayed out of Consolidated Fund of India.-

The salaries and allowances payable to the Vice-Chairman and other Members of the Authority and the administrative expenses including the salaries, allowances and pensions payable to the officers and other employees of the Authority shall be defrayed out of the Consolidated Fund of India.

4-I. Power of Authority to make regulations.-

(1) The Authority may, with the previous approval of the Central Government, make regulations, consistent with this Act and the rules made thereunder, for carrying out the provisions of this chapter.

(2) Every regulation made by the Authority under this chapter shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.”.

4. Amendment of Section 11.

In Section 11 of the principal Act, after clause (d), the following clause shall be inserted, namely:-

“(da) developing any railway land for commercial use;”.

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The Railway Protection Force Act, 1957

Preamble

[Act No. 23 OF 1957]

[29th August, 1957]

An Act to provide for the constitution and regulation of a Force called the Railway Protection Force for the better protection and security of railway property.

 BE it enacted by Parliament in the Eighth Year of the Republic of India as follows.

Section 1. Short title, extent and commencement

(1) This Act may be called the Railway Protection Force Act, 1957.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Definitions

In this Act, unless the context otherwise requires,-

(a) “Force” means the Railway Protection Force constituted under section 3;

(b) “Inspector-General” means the Inspector-General of the Force appointed under section 4;

(c) “Member of the Force” means a person appointed to the Force under this Act other than a superior officer;

(d) “Prescribed” means prescribed by rules made under this Act;

(e) “Railway property” includes any goods, money or valuable security, or animal, belonging to, or in the charge or possession of, a railway administration;

(f) “Superior officer” means any of the officers appointed under section 4 and includes any other officer appointed by the Central Government as a superior officer of the Force;

(g) Words and expressions used but not defined in this Act and defined in the Indian Railways Act, 1890, shall have the meanings respectively assigned to them under that Act.

Section 3. Constitution of the Force

(1) There shall be constituted and maintained by the Central Government a Force to be called the Railway Protection Force for the better protection and security of railway property.

(2) The Force shall be constituted in such manner, shall consist of such number of superior officers and members of the Force and shall receive such pay and other remuneration as may be prescribed.

Section 4. Appointment and powers of superior officers

(1) The Central Government may appoint a person to be the Inspector-General of the Force and may appoint other persons to be Chief Security Officers, Security Officers or Assistant Security Officers of the Force.

(2) The Inspector-General and every other superior officer so appointed shall possess and exercise such powers and authority over the members of the Force under their respective commands as is provided by or under this Act.

Section 5. Classes and ranks among members of the Force

There shall be the following classes of officers and other ranks among the members of the Force, who shall take rank in the order mentioned, namely.

A.Classes of officers——

(i) Inspector,

(ii) Sub-Inspector,

(iii) Assistant Sub-Inspector.

B.Classes of other ranks——-

(i) Head Rakshak,

(ii) Senior Rakshak,

(iii) Rakshak

Section 6. Appointment of members of the Force

The appointment of members of the Force shall rest with the Chief Security Officers who shall exercise that power in accordance with rules made under this Act:

Provided that the power of appointment under this section may also be exercised by such other superior officer as the Chief Security Officer concerned may by order specify in this behalf.

Section 7. Certificates to members of the Force

(1) Every member of the Force shall receive on his appointment a certificate in the form specified in the Schedule, under the seal of the Chief Security Officer or such other superior officer as the Chief Security Officer may specify in this behalf, by virtue of which the person holding such certificate shall be vested with the powers of a member of the Force.

(2) Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a member of the Force, and, on his ceasing to be a member of the Force, shall be forthwith surrendered by him to any superior officer empowered to receive the same.

Section 8. Superintendence and administration of the Force

(1) The Superintendence of the Force shall vest in the Central Government, and subject thereto the administration of the Force shall vest in the Inspector-General and shall be carried on by him in accordance with the provisions of this Act and of any rules made thereunder.

(2) Subject to the provisions of sub-section (1), the administration of the Force within such local limits in relation to a railway as may be prescribed shall be carried on by the Chief Security Officer in accordance with the provisions of this Act and of any rules made thereunder, and he shall discharge his functions under the general supervision of the General Manager of the Railway.

Section 9. Dismissal, removal, etc. of the members of the Force

(1) Subject to the provisions of article 311 of the Constitution and to such rules as the Central Government may make under this Act, any superior officer may-

(i) Dismiss, suspend or reduce in rank any member of the Force whom he shall think remiss or negligent in the discharge of his duty, or unfit for the same; or

(ii) Award any one or more of the following punishments to any member of the Force who discharges his duty in a careless or negligent manner, or who by any act of his own renders himself unfit for the discharge thereof, namely.

(a) Fine to any amount nor exceeding seven days’ pay or reduction in pay scale;

(b) Confinement to quarters for a period not exceeding fourteen days with or without punishment, drill, extra guard, fatigue or other duty;

(c) Removal from any office of distinction or deprivation of any special emolument.

(2) Any member of the Force aggrieved by an order made under sub-section (1) may appeal against the order to such authority as may be prescribed, and the decision of the said authority thereon shall be final.

Section 10. Officers and members of the Force to be deemed to be railway servants

The Inspector-General and every other superior officer and every member of the Force shall for all purposes be regarded as railway servants within the meaning of the Indian Railways Act, 1890(9 of 1890), other than Chapter VIA thereof, and shall be entitled to exercise the powers conferred on railway servants by or under that Act.

Section 11. Duties of members of the Force

It shall be the duty of every superior officer and member of the Force-

(a) Promptly to execute all orders lawfully issued to him by his superior authority;

(b) To protect and safeguard railway property;

(c) To remove any obstruction in the movement of railway property; and

(d) To do any other act conducive to the better protection and security of railway property.

Section 12. Power arrest without warrant

Any superior officer or member of the Force may, without an order from a Magistrate and without a warrant, arrest-

(a) Any person who has been concerned in an offence relating to railway property punishable with imprisonment for a term exceeding six months, or against whom a reasonable suspicion exists of his having been so concerned; or

(b) Any person found taking precautions to conceal his presence within railway limits under circumstances which afford reason to believe that he is taking such precautions with a view to committing theft of, or damage to, railway property.

Section 13. Power to search without warrant

(1) Whenever any superior officer, or any member of the Force, not below the rank of a Senior Rakshak, has reason to believe that any such offence as is referred to in section 12 has been or is being committed and that a search-warrant cannot be obtained without affording the offender an opportunity of escaping or of concealing evidence of the offence, he may detain him and search his person and belongings forthwith and, if he thinks proper, arrest any person whom he has reason to believe to have committed the offence.

(2) The provisions of the Code of Criminal Procedure, 1898(5 of 1898) relating to searches under that Code shall, so far as may be, apply to searches under this Section.

Section 14. Procedure to be followed after arrest

Any superior officer or member of the Force making an arrest under this Act, shall, without unnecessary delay, make over the person so arrested to a police officer, or, in the absence of a police officer take such person a cause him to be taken to the nearest police station.

Section 15. Officers and members of the Force to be considered always on duty and liable to be employed in any part of the Railways

(1) Every superior officer and member of the Force shall, for the purpose of this Act, be considered to be always on duty, and shall, at any time, be liable to be employed in any part of railways throughout India.

(2) No superior officer or member of the Force shall engage himself in any employment or office other than his duties under this Act.

Section 16. Responsibilities of members of the Force during suspension

A member of the Force shall not by reason of his suspension from office cease to be a member of the Force; and he shall, during that period, be subject to the same responsibilities, discipline and penalties to which he would have been subject if he were on duty.

Section 17. Penalties for neglect of duty, etc

(1) Without prejudice to the provisions contained in section 9, every member of the Force who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation of lawful order made by a superior officer, or who shall withdraw from the duties of his office without permission, or who, being absent on leave, fails, without reasonable cause, to report himself for duty on the expiration of the leave, or who engages himself without authority in any employment other than his duty as a member of the Force, or who shall be guilty of cowardice, shall be liable, on conviction before a Magistrate, to imprisonment for a period not exceeding six months.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898(5 of 1898), an offence punishable under this section shall be cognizable.

Section 18. Application of Act 22 of 1922 to members of the Force

The Police (Incitement to Disaffection ) Act, 1922, shall apply to members of the Force as it applies to members of a police force.

Section 19. Certain Acts not to apply to members of the Force

Nothing contained in the Payment of Wages Act, 1936(4 of 1936), or the Industrial Disputes Act, 1947(14 of 1947), or the Factories Act, 1948(63 of 1948), shall apply to members of the Force.

Section 20. Protection of acts of members of the Force

(1) In any suit or proceeding against any superior officer or member of the Force for any act done by him in the discharge of his duties, it shall be lawful for him to plead that such act was done by him under the orders of a competent authority.

(2) Any such plea may be proved by the production of the order directing the act, and if it is so proved, the superior officer or member of the Force shall thereupon be discharged from any liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such order.

(3) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any superior officer or member of the Force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules thereunder shall be commenced within three months after the act complained of shall have been committed and not otherwise; and notice in writing of such proceeding and of the cause thereof shall be given to the person concerned and his superior officer at least one month before the commencement of such proceeding.

Section 21. Power to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for-

(a) Regulating the classes and grades and the pay and remuneration of superior officers and members of the Force and their conditions of service in the Force;

(b) Regulating the powers and duties of superior officers and members of the Force authorised to exercise any functions by or under this Act;

(c) Fixing the period of service for superior officers and members of the Force;

(d) Regulating the punishments and providing for appeals from, or the revision of, orders of punishment, or the remission of fines or other punishments;

(e) Any other matter which has to be, or may be, prescribed.

(3) All rules made under this section shall be laid for not less than thirty days before both Houses of Parliament as soon as possible after they are made and shall be subject to such modifications as Parliament may make during the session in which they are so laid or the session immediately following.

Schedule

THE SCHEDULE

(See section 7)

A.B.has been appointed a member of the Railway Protection Force under the Railway Protection Force Act, 1957, and is vested with the powers, functions and privileges of a member of the Force.

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The Railway Property (Unlawful Possession) Act, 1966

Preamble

[Act No. 29 of 1966]

[16th September 1966]

An Art to consolidate and amend the law relating to unlawful possession of railway property.

Be it enacted by Parliament in the Seventeenth Year of the Republic of India as follows: –

Section 1. Short title, extend and commencement

(1) This Act may be called the Railway Property (Unlawful Possession) Act, 1966.

(2) It extends to the whole of India.

(3) It shall come into force on such 1[date] as the Central Government may, by notification in the official Gazette, appoint.

Section 2. Definitions

In this Act, unless the context otherwise requires, –

(a) “Force” means the Railway Protection Force constituted under Section 3 of the Railway Protection Force Act, 1957 (23 of 1957);

(b) “Member of the Force” means a person appointed to the force, other than a superior officer;

(c) “Officer of the Force” means an officer of and above the rank of Assistant Sub-Inspector appointed to the Force and includes a superior officer;

(d) “Railway property” includes any goods, money or valuable security or animal, belonging to, or in the charge or possession of, a railway administration.

(e) “Superior officer” means any of the officer’s appointed under Section 4 of the Railway Protection Force Act, 1957 (23 of 1957) and includes any other officer appointed by the Central Government as a superior officer of the Force;

(f) Words and expressions used but not defined in this Act and defined in the 1[Indian Railway Act, 1890], shall have the meanings respectively assigned to them under that Act.

Section 3. Penalty for unlawful possession of railway, property

Whoever is found, or is proved to have been, in possession of any railway reasonably suspected of having been stolen or unlawfully obtained shall, unless he proves that the railway property came into his possession lawfully, be punishable-

(a) For the first offence, with imprisonment for a term which may extend to five years, or with fine or with both and in the absence of special and adequate reasons to be mentioned in the judgment of the Court, such imprisonment shall not be less than two years and such fine shall not be less than two thousand rupees.

(b) For the second or a subsequent offence, with imprisonment for a term which may extend to five years and also with fine and in the absence of special and adequate reasons to be mentioned in the judgment of the Court, such imprisonment shall not be less than two years and such fine shall not be less than two thousand rupees.

Section 4. Punishment for connivance at offences

Any owner or occupier of land or building, or any agent of such owner or occupier incharge of the management of that land or building, who wilfully connives at an offence against the provisions of this Act, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

Section 5. Offences under the Act not be cognizable

Notwithstanding anything contained in the 1[Code of Criminal Procedure 1898], and offence under this Act shall not be cognizable.

Section 6. Power to arrest without warrant

Any superior officer or member of the Force may, without an order from a Magistrate and without a warrant, arrest any person who has been concerned in an offence punishable under this Act or against whom a reasonable suspicion exists of his having been so concerned.

Section 7. Disposal of persons arrested

Every person arrested for an offence punishable under this Act, shall, if the arrest was made by a person other than an officer of the Force be forwarded without delay to the nearest officer of the Force.

Section 8. Inquiry how to be made against arrested persons

(1) When any person is arrested by an officer of the Force for an offence punishable under this Act or is forwarded to him under Section 7, he shall proceed to inquire into the charge against such person.

(2) For this purpose the officer of the Force may exercise the same powers and shall be subject to the same provisions as the officer incharge of a police station may exercise and is subject to under the 1[Code of Criminal Procedure 1898], when investigating a cognizable case:

(a) If the officer of the force is of opinion that there is sufficient evidence or reasonable ground of suspicion against the accused person, he shall either admit him to bail to appear before a Magistrate having jurisdiction in the case, or forward him in custody to such Magistrate;

(b) If it appears to the officer of the Force that there is not sufficient evidence or reasonable ground of suspicion against the accused person, he shall release the accused person on his executing a bond, with or without sureties as the officer of the Force may direct, to appear, if and when so required before the Magistrate having jurisdiction, and shall make a full report of all the particulars of die case to his official superior.

Section 9. Power to summon persons to give evidence and produce documents

(1) An officer of the Force shall have power to summon any person whose attendance he considers necessary either to give evidence or produce a document or any other thing in any inquiry, which such officer is making for any of the purposes of this Act.

(2) A summons to produce documents or other things may be for the production of certain specified documents or things or for the production of all documents or things of a certain description in the possession or under the control of the person summoned.

(3) All persons, so summoned, shall be bound to attend either in person or by authorised agent as such officer may direct; and all persons so summoned shall be bound to state the truth upon any subject respecting which they are examined or make statements and to produce such document and other things as may be required: –

Provided that the exemptions under Sections 132 and 133 of the Code of Civil Procedure, 1908 shall be applicable to requisitions for attendance under this section.

(4) Every such inquiry as aforesaid shall be deemed to be a “judicial proceedings” within the meaning of Sections 193 and 228 of the Indian Penal Code, 1860.

Section 10. Issue of search-warrant

(1) If an officer of the Force has reason to believe that any place is used for the deposit or sale of railway property which has been stolen or unlawfully obtained, he shall make an application to the Magistrate having jurisdiction over the area in which that place is situate, for issue of a search-warrant.

(2) The Magistrate to whom an application is made under sub-section (1), may, after such inquiry as he thinks necessary, by his warrant, authorise any officer of the Force-

(a) To enter, with such assistance as may be required, such place;

(b) To search the same in the manner specified in the warrant;

(c) To take possession of any railway property therein found which he reasonably suspects to be stolen or unlawfully obtained; and

(d) To convey such railway property before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose -thereof in some place of safety.

Section 11. Searches and arrest how to be made

All searches and arrest made under this Act shall be carried out in accordance with the provisions of the 1[Code of Criminal Procedure 1898] relating respectively to searches and arrests made under that Code.

Section 12. Officers required to assist

All officers of Government and all village officers are hereby empowered and required to assist the superior officers and members of the Force in the enforcement of this Act.

Section 13. Power of Courts to order forfeiture of vehicles, etc

Any court trying an offence punishable under this Act may order the forfeiture to Government of any property in respect of which the court is satisfied that an offence under this Act has been committed and may also order the forfeiture of any receptacles, packages or coverings in which such property is contained, and the animals, vehicles, or other conveyances used in carrying the property.

Section 14. Act to override other laws

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Section 15. Construction of references to laws not in force in Jammu and Kashmir

Any reference in this Act to a law, which is not in force in the State of Jammu and Kashmir, shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.

Section 16. Repeal and savings

(1) The Railway Stores (Unlawful Possession) Act, 1955, is hereby repealed.

(2) Nothing contained in this Act shall apply to offences punishable under the Act hereby repealed and such offences may be investigated and tried as if this Act has not been passed.

(3) The mention of particular matters in sub-section (1) shall not be held to prejudice or affect the general application of Section 6 of the General Clauses Act, 1897 with regard to the effect repeals.

Section 16. Repeal and savings

(1) The Railway Stores (Unlawful Possession) Act, 1955, is hereby repealed.

(2) Nothing contained in this Act shall apply to offences punishable under the Act hereby repealed and such offences may be investigated and tried as if this Act has not been passed.

(3) The mention of particular matters in sub-section (1) shall not be held to prejudice or affect the general application of Section 6 of the General Clauses Act, 1897 with regard to the effect repeals.

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The Railway Companies (Substitution of Parties in Civil Proceedings) Act, 1946

[ACT NO.14 OF 1946]

[18th April, 1946.]

An Act to provide for the substitution of the Governor General in Council for certain Railway Companies in certain civil proceedings.

WHEREAS under certain arrangements made by the Central Government with the Bengal-Nagpur Railway Company, Limited, the Bombay, Baroda and Central India Railway Company, the Bengal and North Western Railway Company, Limited, and the Rohilkhand and Kumaon Railway Company, Limited, certain rights and liabilities of the said Companies have been assumed by the Central Government;

AND WHEREAS it is expedient to provide for the substitution of the Governor-General in Council in the place and stead of the said Companies in all pending civil proceedings founded on any right or liability so assumed by the Central Government:

It is hereby enacted as follows:-

1. Short title.

This Act may be called the Railway Companies (Substitution of Parties in Civil Proceedings) Act, 1946.

2. Interpretation.

In this Act, ” civil proceeding ” includes an appeal or execution proceeding.

3. Substitution of Governor-General in Council in certain civil proceedings.

(1) In every civil proceeding pending at the commencement of this Act to which the Bengal-Nagpur Railway Company, Limited, or the Bombay, Baroda and Central India Railway Company, or the Bengal and North Western Railway Company, Limited, or the Rohilkhand and Kumaon Railway Company, Limited, is a party, and which is founded on any right or liability assumed by the Central Government under certain arrangements made by the Central Government with the said Companies, the Governor-General in Council shall, notwithstanding anything to the contrary in the Code of Civil Procedure.1908, 5 of 1908.be deemed to be substituted in the place and stead of the Company; and every such proceeding may be continued by or against the Governor-General in Council accordingly, and the Company shall be discharged from all liability in connection with the proceeding.

(2) References in sub-section (1) to any Company shall be construed as including references to the liquidators of that Company.

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The Railway Companies (Emergency Provisions) Act, 1951

Preamble

[Act NO. LI OF 1951]

[14th September, 1951]

 In Act to make provision for the proper management and administration of railway companies in certain special cases.

BE it enacted by Parliament as follows:–

Section 1. Short title, extent and application

(1) This Act may be called the Railway Companies (Emergency Provisions) Act, 1951.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It applies to every railway company in respect of which a notified order has been issued under section 3.

Section 2. Definitions

 In this Act, unless the context otherwise requires.

(a) “Companies Act” means the Indian Companies Act, 1913 (VII of 1913);

(b) “Directors” means the directors appointed under section 3;

(c) “Notified order” means an order notified in the Official Gazette;

(d) “Prescribed” means prescribed by rules made under this Act;

(e) “Railway company” means any company registered under the Companies Act or any law repealed thereby for the purpose of making and working or making or working a railway, whether alone or in conjunction with other purposes.

Section 3. Power of Central Government to apply Act to any railway company and to appoint directors thereof

(1) Where the Central Government is of opinion that a situation has arisen in the affairs of a railway company which–

 (a) Has prejudicially affected the convenience of persons using the railway administered by the railway company, or

 (b) Has caused serious dislocation in any trade or industry using the railway, or

 (c) Has caused serious unemployment amongst a section of the community.

 Or when, in the opinion of the Central Government, it is necessary the national interest

 The Central Government may, by notified order, apply the provision this Act to the railway company and appoint as many persons as thinks fit to be directors of the railway company for the purpose of taking over its management and administration.

(2) The power to appoint directors under this section includes this power to appoint any individual, firm or company to be the management of the railway company on such terms and conditions as to the Central Government may seem fit.

Section 4. Effect of notified order appointing directors or managing agents

On the issue of a notified order under section 3.

(a) All persons holding office as directors of the railway company immediately before the issue of the notified order shall be deemed to have vacated their offices as such;

(b) Any contract of management between the railway company and any managing agent thereof holding office as such immediate before the issue of the notified order shall be deemed to has terminated;

(c) The managing agent, if any appointed under this Act shall be deemed to have been duly appointed in pursuance of the Company Act and the memorandum and articles of association of the railway company, and the provisions of the Companies Act and of the memorandum and articles shall, subject to the other provisions contained in this Act, apply accordingly but no such managing agent shall be removed from office except with the previous consent of the Central Government.

(d) The directors shall take such steps as may be necessary to take into their custody or under their control all the property, effect and actionable claims to which the railway company is, or appears to be, entitled, and all the property and effects of the railway company shall be deemed to be in the custody of the directors as from the date of the notified order;

(e) The directors shall be for all purposes the directors of the railway company duly constituted under the Companies Act and shall alone be entitled to exercise all the powers of the directors of the railway company, whether such powers are derived from the Companies Act or from the memorandum or articles of association of the railway company or from any other source.

Section 5. Powers and duties of directors

 (1) Subject to the control of the Central Government, the directors shall take such steps as may be necessary for the purpose of efficiently managing the business of the railway company and, in particular, the directors shall have powers, notwithstanding anything contained in the Companies Act or in the memorandum or articles of association of the railway company.

 (a) To chose one of their number to be chairman and to delegate to him or to any one or more of the directors all or any of their powers;

 (b) With the previous approval of the Central Government and subject to such conditions as that Government may think fit to impose, to raise funds in such manner and offer such security therefor as they think fit;

 (c) To carry out such repairs as may be necessary in respect of any machinery, rolling stock, buildings, works or other property in their custody;

 (d) To do all acts necessary for making, maintaining, altering or repairing and using the railway of the railway company;

 (e) To employ such persons as may be necessary for enabling them to efficiently discharge their duties, and define the conditions of service of such employees.

 (2) The directors may, with the previous sanction of the Central Government, cancel or vary, either unconditionally or subject to such conditions as they think fit to impose, any contract or agreement entered into between the railway company and any other person at any time before the issue of the notified order under section 3, if such contract or agreement had been entered into in bad faith and is detrimental to the interests of the railway company.

Section 6. Statement of affairs to be made to directors

 (1) On the issue of a notified order under section 3, there shall made out and submitted to the directors a statement as to the affairs of the railway company, verified by affidavit and containing the following particulars, namely:–

 (a) The assets of the railway company, stating separately the cash balance in hand and at the bank, if any;

 (b) The debts and liabilities;

 (c) The names, residences and occupations of the creditors, stating separately the amount of secured debts and unsecured debts and, in the case of secured debts, the particulars of the securities, their value and the dates when they were given;

 (d) The debts due to the railway company and the names residences and occupations of the persons from whom they are due and the amount likely to be realised therefrom;

 (e) Such other particulars as may be prescribed.

 (2) The statement shall be submitted by one or more of the persons who was or were holding office as a director or as directors of the railway company immediately before the issue of the notified order under section 3 or by the secretary, manager or other chief officer of the railway company who was holding office as such before the issue of the notified order as the directors may require in each case, and the statement shall be submitted within such time as may be so required.

 (3) If any person, without any reasonable excuse, knowingly and wilfully makes default in complying with the requirements of this section, he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Section 7. Statements by beneficial owners of shares railway company

Any person who has any interest in any share of the railway company which stands in the name of another person in the register of shareholders of the railway company shall, within such period as may be specified by the Central Government by notified order, make a declaration in such form as may be prescribed (which shall be countersigned by the person in whose name the share is registered) to the railway company declaring his interest in the share, and notwithstanding anything contained in any other law or in any contract to the contrary, a person who fails to make a declaration as aforesaid in respect of any share shall be deemed to have no right or title whatsoever in or to that share;

Provided that nothing in this section shall affect the right of any person who has an interest in any such share to establish in a court his right thereto if the person in whose name the share is registered refuses to sign that declaration as required by this section.

Section 8. Power of directors to institute proceedings against past directors etc., for damages

(1) The directors may, if they are satisfied that it is necessary in the interests of the railway company or in the public interest so to do, institute in the name of the railway company such proceedings as they think fit for the recovery of damages for any fraud misfeasance or other misconduct in connection with the management of the affairs of the railway company committed by any person before the issue of the notified order under section 3 or for the recovery of any property of the railway company which has been misapplied or wrongfully retained by any person.

(2) No director shall be personally liable for any costs or expenses incurred in connection with any proceedings instituted by virtue of this section.

Section 9. Penalties

If any person wilfully destroys or fails to deliver to the directors when required any books of account, registers or any other documents in his custody relating to the business of the railway company or retains any property of the railway company, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Section 10. Filling up of vacancies among directors

(1) Casual vacancies occurring in the body of directors, whether caused by death, resignation or otherwise, shall be filling by nomination by the Central Government.

(2) No act of the directors shall be called in question on the ground merely of the existence of any vacancy among the directors or any defect in the appointment of any of them.

Section 11. No right to compensation for termination of contract of managing agent or any other contract

(1) Notwithstanding anything contained in the Companies Act or in any other law for the time being in force, no managing agent shall be entitled to any compensation for the premature termination under this Act of any contract of management entered into by him with the railway company, and no person shall be entitled to compensation in respect of the cancellation or variation under this Act of any other contract or agreement.

(2) Nothing contained in sub-section (1) shall affect the right of any such managing agent or person to recover from the railway company moneys recoverable otherwise than by way of such compensation.

Section 12. Cancellation of appointment of directors

(1) If at any time it appears to the Central Government that the purpose of the notified order appointing the directors has been fulfilled or that for any other reason it is unnecessary that the notified order should remain in force, the Central Government may, by notified order, cancel the appointment of directors made under this Act.

(2) On the cancellation of any such appointment as is referred to in sub-section (1), the Central Government may—

(a) Direct that all the property, effects and actionable claims of the railway company shall revest in the persons in whom they were vested before the issued of the notified order under section 3; or

(b) Reconstitute by fresh appointment a new body of persons to take charge of the management and administration of the whole affairs of the railway company, whether as directors or managers or in any other capacity;

Provided that no such direction or fresh appointment shall be made except in pursuance of a resolution passed by the shareholders of the railway company at a meeting called for the purpose by the directors appointed under section 3.

(3) The Central Government may, at any time before the issue of the notified order under sub-section (1), take such action as may be necessary under clause (b) of sub-section (2) for the purpose of making any fresh appointments.

Section 13. Application of the companies Act

(1) Notwithstanding anything contained in the Companies Act or in the memorandum or articles of association of the railway company, but subject to the other provisions contained in this Act,—

(a) It shall not be lawful for the shareholders of the railway company or any other person to nominate or appoint any person to be a director of the railway company;

(b) No resolution passed at any meeting of the shareholders of the railway company shall be given effect to unless approved by the Central Government:

(c) No proceeding for the winding-up of the railway company or for the appointment of a receiver in respect thereof shall lie in any court, unless by or with the sanction of the Central Government.

(2) Subject to the provisions contained in sub-section (1) and to the other provisions contained in this Act and subject to such exceptions, restrictions and limitations as the Central Government may by notified order specify, the Companies Act shall continue to apply to the railway company in the same manner as it applied thereto before the issue of the notified order under section 3.

Section 14. Effect of Act on other laws

The provisions of this Act and of any notified order made thereunder shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or in the memorandum or articles of association of the railway company or in any other instrument having effect by virtue of any law other than this Act, but save as aforesaid the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being applicable to the railway company.

Section 15. Directors to be public servants

Every director appointed under section 3 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Act XLV of 1860).

Section 16. Delegation of powers

The Central Government may, by notified order, direct that all or any of the powers exercisable by it under this Act, except the powers given to it under section 3 to apply the provisions of this Act to any railway company or the powers given to it under section 12 or section 18, may be exercised by any State Government, and where any powers are so delegated, they shall be exercised subject to such directions as the Central Government may issue from time to time.

Section 17. Protection of action taken under Act

(1) No suit, prosecution or other legal proceeding shall lie against any director in respect of anything which is in good faith done or intended to be done in pursuance of this Act.

(2) No suit or other legal proceeding shall lie against the Central Government or any State Government or any director for any damage caused or likely to be caused by anything which is in good faith done or untended to be done in pursuance of this Act.

Section 18. Power of Central Government to acquire railway of railway company

(1) Where under any instrument, having effect by virtue of any law other than this Act or by virtue of an agreement arrived at between the parties, provision is made for the purchase by a person or local authority or the State Government of a railway which is the property of a railway company on payment of the value thereof calculated in the manner and subject to the conditions specified in the instrument, the Central Government shall also have the same right to purchase the railway on the same terms and subject to the same conditions as the person, local authority or the state Government has under the instrument.

(2) If in respect of any railway the Central Government exercise its right of purchase under this section, any person, local authority or State Government in whom or in which a similar right is vested under the instrument, shall be deemed to have become disentitled to exercise the same.

Section 19. Power to make rules

(1) The Central Government may by notified order, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, any rules made under sub-section (1) may provide for–

(a) The manner in which or the conditions subject to which the directors or managing agents of a railway company may exercise their powers under this Act;

(b) The additional particulars which a statement under section 6 should contain;

(c) The form in which a declaration under section 7 may be made;

(d) The appointment of a Railway Local Advisory Committee.

(e) The manner in which books of account shall be maintained by the directors and audited;

(f) The submission of specified or periodical returns and reports by the directors to any specified authority in connection with the affairs of the railway company;

(g) The conduct of business of the directors appointed by notified order and for the recruitment and employment of officers and staff.

Section 20. Repeal of Ordinance II of 1951

The Railway Companies (Emergency Provisions) Ordinance, 1951 (II of 1951) is hereby repealed:

Provided that the repeal shall not affect–

(a) The previous operation of the said Ordinance, or

(b) Any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Ordinance, or (c) Any investigation, legal proceeding or remedy in respect of any such penalty, forfeiture or punishment, and any such investigation legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture, or punishment may be imposed as if this Act had not been passed:

Provided further that, subject to the preceding proviso, anything done or any action taken (including any notified order issued, appointment made or direction given under the said Ordinance) shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue in force accordingly unless and until superseded by anything done or any actin taken under this Act.

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The Railway Claims Tribunal Act, 1987

Preamble

[Act No. 54 of 1987]

[23rd, December, 1987]

An Act to provide for establishment of a Railway Claims Tribunal for inquiring into and determining claims against a railway administration for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to it to be carried by railway or for the refund of fares or freight or for compensation for death or injury to passengers occurring as a result of railway accidents 1[or untoward incidents] and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:-

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1. Ins. by Act 28 of 1994, sec. 7.

Section 1. Short title, extent and commencement

(1) This Act may be called the Railway Claims Tribunal Act, 1987.

(2) It extends to the whole of India.

(3) It shall come into force on such date1 as the central Government may, by notification, appoint.

——————–

1. 8-11-1989, vide S.O. 783(E), dated 5th October, 1989.

Section 2. Definitions

In this Act, unless the context otherwise requires,-

(a) “Application” means an application made under section 16;

(b) “Appointed day” means the date1 with effect from which the Claims Tribunal is established under section 3;

(c) “Bench” means a Bench of the Claims Tribunal;

(d) “Chairman” means the Chairman of the Claims Tribunal;

(e) “Claims Tribunal” means the Railway Claims Tribunal established under section 3;

(f) “Judicial Member” means a Member of the Claims Tribunal appointed as such under this act, and includes the Chairman or Vice-Chairman who possesses any of the qualifications specified in sub-section (3) of section 5;

(g) “Member” means a Member (whether Judicial or Technical) of the Claims Tribunal, and includes the Chairman and Vice-Chairman;

(h) “Notification” means a notification published in the Official Gazette;

(i) “Prescribed” means prescribed by rules;

(j) “Railways Act” means the Indian Railways Act, 1890 (9 of 1890);

(k) “Rules” means rules made under this Act;

(l) “Technical Member” means a Member of the Claims Tribunal who is not a Judicial Member, and includes the Chairman or a Vice-Chairman who possesses any of the qualifications specified in sub-section (4) of section 5;

(m) “Vice-Chairman” means a Vice-Chairman of the Claims Tribunal.

Explanation.-References to the Vice-Chairman in this Act shall be construed as references to each of the Vice-Chairman;

2[(n) “Untoward incident” shall have the meaning assigned to it in clause (c) of section123 of the Railways Act, 1989 (24 of 1989)];

(o) Words and expressions used and not defined in this Act but defined in the Railways Act or the rules made thereunder shall have the meanings respectively assigned to them in that Act or the said rules.

——————–

1. 8-11-1989, vide S.O. 784(E), dated 5th October, 1989.

2. Ins. by Act 28 of 1994, sec. 8.

Section 3. Establishment of Railway Claims Tribunal

The Central Government shall, by notification, establish a Claims Tribunal, to be known as the Railway Claims Tribunal, to exercise the jurisdiction, powers and authority conferred on it by or under this Act.

Section 4. Composition of Claims Tribunal and Benches thereof

(1) The Claims Tribunal shall consist of a Chairman, four Vice-Chairmen and such number of Judicial Members and Technical Members as the Central Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Claims Tribunal may be exercised by Benches thereof.

(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Technical Member.

(3) Notwithstanding anything contained in sub-section (1), the Chairman-

(a) May, in addition to discharging the functions of the Judicial Member or the Technical Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Technical Member, of any other Bench;

(b) May transfer a Vice-Chairman or other Member from one Bench to another Bench;

(c) May authorise the Vice-Chairman orthe Judicial Member or the Technical Member appointed to one Bench to discharge also the functions of the Vice-Chairman or, as the case may be, the Judicial Member or the Technical Member of another Bench.

(4) Notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the Chairman or any other Member authorised by the Chairman in this behalf to function as a Bench consisting of a single Member and exercise the jurisdiction, powers and authority of the Claims Tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the Chairman may, by general or special order, specify:

Provided that if at any stage of the hearing of any such case or matter, it appears to the Chairman or such Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of two Members, the case or matter may be transferred by the Chairman or, as the case may be, referred to him for transfer, to such Bench as the Chairman may deem fit.

(5) Subject to the other provisions of this Act, the Benches shall sit at such places as the Central Government may, by notification, specify.

Section 5. Qualifications for appointment as Chairman, Vice-Chairman or other Member

(1) A person shall not be qualified for appointment as the Chairman unless he-

(a) Is, or has been, a Judge of a High Court; or

(b) Has, for at least two years, held the office of a Vice-chairman.

(2) A person shall not be qualified for appointment as the Vice-Chairman unless he-

(a) Is, or has been, or is qualified to be, a Judge of a High Court; or

(b) Has been a member of the Indian Legal Service and has held a post in Grade I of that service or any higher post for at least five years; or

(c) Has, for at least five years, held a civil judicial post carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India; or

(d) has, for at least five years, held a post under a railway administration carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India and has adequate knowledge of rules and procedure of, and experience in, claims and commercial matters relating to railways; or

(e) has, for a period of not less than three years, held office as a Judicial Member or a Technical Member.

(3) A person shall not be qualified for appointment as a Judicial Member unless he-

(a) Is, or has been, or is qualified to be, a Judge of a High Court; or

(b) Has been a Member of the Indian Legal Service and has held a post in Grade I of that service for at least three years; or

(c) Has, for at least three years, held a civil judicial post carrying as scale of pay which is not less than of a Joint Secretary to the Government of India.

(4) A person shall not be qualified for appointment as a Technical Member unless he has, for at least three years, held a Post under a railway administration carrying a scale of pay which is not less than that of a Joint secretary to the Government of India and has adequate knowledge of rules and procedure of, and experience in, claims and commercial matters relating to railways.

(5) Subject to the provisions of sub-section (6), the Chairman, Vice-Chairman and every other Member shall be appointed by the President.

(6) No appointment of a person as the Chairman shall be made except after consultation with the Chief Justice of India.

Section 6. Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances

(1) In the event of the Occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, such one of the Vice-Chairman as the Central Government may, by notification, authorise in this behalf, shall act as the Chairman until the date on which a new Chairman, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.

(2) When the Chairman is unable to discharge his functions owing to absence, illness or any other cause, such one of the Vice-Chairman as the Central Government may, by notification, authorise in this behalf, shall discharge the functions of the Chairman until the date on which the Chairman resumes his duties.

Section 7. Term of office

The Chairman, Vice-Chairman or other Member shall hold office as such for a term of five years from the date on which he enters upon his office or until he attains,-

(a) In the case of the Chairman, the age of sixty-five years; and

(b) In the case of the Vice-Chairman or any other Member, the age of sixty-two years, whichever is earlier.

Section 8. Resignation and removal

(1) The Chairman, Vice-Chairman or other Member may, by notice in writing under his hand addressed to the President, resign his office:

Provided that the Chairman, Vice-Chairman or other Member shall, unless he is permitted by the President to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until aperson duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.

(2) The Chairman, Vice-Chairman or any other Member shall not be removed from his office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge ofthe Supreme Court in which such Chairman, Vice-Chairman or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

(3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member referred to in sub-section (2).

Section 9. Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members

The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members shall be such as may be prescribed:

Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairman, Vice-Chairman or other member shall be varied to his disadvantage after his appointment.

Section 10. Provision as to the holding of offices by Chairman, Vice-Chairman etc., on ceasing to be such Chairman or Vice-Chairman, etc

On ceasing to hold office-

(a) The Chairman of the Claims Tribunal shall be ineligible for further employment either under the Government of India or under the Government of a State;

(b) A Vice-Chairman shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman of the Claims Tribunal, or as the Chairman, Vice-Chairman or member of any other Tribunal established under any law for the time being in force, but not for any other employment either under the Government of India or under the Government of a State;

(c) A Member (other than the Chairman or Vice-Chairman) shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman or Vice-Chairman or as the Chairman, Vice-Chairman or member of any other Tribunal established under any law for the time being in force, but not for any other employment either under the Government of India or under the Government of a State;

(d) The Chairman, Vice-Chairman or other Member shall not appear, act or plead before the Claims Tribunal.

Explanation.-For the purposes of this section, employment under the Government of India or under the Government of a State includes employment under any local or other authority within the territory of India or under the control of the Government of India or under any corporation or society owned or controlled by the Government.

Section 11. Financial and administrative powers of Chairman

The Chairman shall exercise such financial and administrative powers over the Benches as may be vested in him under the rules:

Provided that the Chairman shall have authority to delegate such of his financial and administrative powers as he may think fit to the Vice-Chairman or any other officer of the Claims Tribunal, subject to the condition that the Vice-Chairman or such officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the Chairman.

Section 12. Staff of Claims Tribunal

(1) The Central Government shall determine the nature and categories of the officers and other employees required to assist the Claims Tribunal in the discharge of its functions and provide the Claims Tribunal with such officers and other employees as it may think fit.

(2) The officers and other employees of the Claims Tribunal shall discharge their functions under the general superintendence of the Chairman.

(3) The salaries and allowances and conditions of service of the officers and other employees of the Claims Tribunal shall be such as may be prescribed.

Section 13. Jurisdiction, powers and authority of Claims Tribunal

(1) The Claims Tribunal shall exercise, on and from the appointed day, all such jurisdiction, powers and authority as were exercisable immediately before that day by any civil court or a Claims Commissioner appointed under the provisions of the Railways Act,-

(a) Relating to the responsibility of the railway administrations as carriers under Chapter VII of the Railways Act in respect of claims for-

(i) Compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway;

(ii) Compensation pay able under section 82A of the Railways Act or the rules made there under; and

(b) in respect of the claims for refund of fares or part there of or for refund of any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway.

1[(lA) The Claims Tribunal shall also exercise, on and from the date of commencement of the provisions of section 124A of the Railways Act, 1989 (24 of 1989), all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court in respect of claims for compensation now payable by the railway administration under section 124A of the said Act or the rules made there under.]

(2). The provisions of the 2 [Railways Act 1989 (24 of 1989)] and the rules made there under shall, so far as may be, be applicable to the inquiring into or determining, any claims by the Claims Tribunal under this Act.

——————–

1. Ins. by Act 28 of 1994, sec. 9.

2. Subs. by Act 28 of 1994, sec. 9, for “Railway Act”.

Section 14. Distribution of business amongst Benches

(1) Where any Benches are constituted, the Central Government may, from time to time, by notification, make provisions as to the distribution of the business of the Claims Tribunal amongst the Benches and specify the matters which may be dealt with by each Bench.

(2) If any question arises as to whether any matter falls within the purview of the business allocated to a Bench, the decision of the Chairman shall be final.

Explanation.-For the removal of doubts, it is hereby declared that the expression “matters” includes an application under section 20.

Section 15. Bar of jurisdiction

On and from the appointed day, no court or other authority shall have, or be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in 1[sub-sections (1) and (lA)] of section 13.

——————–

1. Subs. by Act 28 of 1994, sec. 10.

Section 16. Application to Claims Tribunal

(1) A person seeking any relief in respect of the matters referred to in sub-section (1) 1[or sub-section (IA)] of section 13 may make an application to the Claims Tribunal.

(2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed:

Provided that no such fee shall be payable in respect of an application under sub-clause (ii)of clause (a) of sub-section (1) 1[or, as the case may be, sub-section (IA)] of section 13.

——————–

1. Ins. by Act 28 of 1994, sec. 11, for “sub-section (1)”.

Section 17. Limitation

(1) The Claims Tribunal shall not admit an application for any claim-

(a) Under sub-clause (i) of clause (a) of sub-section (1) of section 13 unless the application is made within three years from the date on which the goods in question were entrusted to the railway administration for carriage by railway;

(b) Under sub-clause (ii) of clause (a) of sub-section (1) 1[or, as the case may be, subsection (IA)] of section 13 unless the application is made within one year of occurrence of the accident;

(c) Under clause (b) of sub-section (1) of section 13 unless the application is made within three years from the date on which the fare or freight is paid to the railway administration:

Provided that no application for any claim referred to in sub-clause (i) of clause (a) of sub-section (1) of section 13 shall be preferred to the Claims Tribunal until the expiration of three months next after the date on which the intimation of the claim has been preferred under section 78B of the Railways Act.

(2) Notwithstanding anything contained in sub-section (1), an application may be entertained after the period specified in sub-section (1) if the applicant satisfies the Claims Tribunal that he had sufficient cause for not making the application within such period.

——————–

1. Ins. by Act 28 of 1994, sec. 12

Section 18. Procedure and powers of Claims Tribunal

(1) The Claims Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Claims Tribunal shall have powers to regulate its own procedure including the fixing of places and times of its enquiry.

(2) The Claims Tribunal shall decide every application as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents, written representations and affidavits and after hearing such oral arguments as may be advanced.

(3) The Claims Tribunal shall have, for the purposes of charging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:-

(a) Summoning and enforcing the attendance of any person and examining him on oath;

(b) Requiring the discovery and production of documents;

(c) Receiving evidence on affidavits;

(e) Issuing commissions for the examination of witnesses or documents;

(f) Reviewing its decisions;

(g) Dismissing an application for default or deciding it ex parte;

(h) Setting aside any order of dismissal of any application for default or any order passed by it ex parts;

(i) Any other matter which may be prescribed.

Section 19. Right to legal representation and presenting officers

(1) A person making an application to the Claims Tribunal may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Claims Tribunal.

(2) A railway administration may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised by it may present its case with respect to any application before the Claims Tribunal.

Section 20. Power of Chairman to transfer cases from one Bench to another

On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench.

Section 21. Decision to be by majority

If the Members of a Bench differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case, including those who first heard it.

Section 22. Execution of orders of Claims Tribunal

(1) An order made by the Claims Tribunal under this Act shall be executable by the Claims Tribunal as a decree of civil court, and, for this purpose, the Claims Tribunal shall have all the powers of a civil court.

(2) Notwithstanding anything contained in sub-section (1), the Claims Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.

Section 23. Appeals

(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in any other law, an appeal shall lie from every order, not being an interlocutory order, of the Claims Tribunal, to the High Court having jurisdiction over the place where the Bench is located.

(2) No appeal shall lie from an order passed by the Claims Tribunal with the consent of the parties.

(3) Every appeal under this section shall be perferred within a period of ninety days from the date of the order appealed against.

Section 24. Transfer of pending cases

(1) Every suit, claim or other legal proceeding (other than an appeal) pending before any court, Claims Commissioner or other authority immediately before the appointed day, 1[or, as the case may be, the date of commencement of the provisions of sub-section (IA) of Section 13] being a suit, claim or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the appointed day, 1 [or, as the case may be, the date of commencement of the provisions of subsection (IA) of section 13] within the jurisdiction of the Claims Tribunal, shall stand transferred on 2[that day or, as the case may be, date] to the Claims Tribunal.

(2) Where any suit, claim or other legal proceeding stands transferred from any court, Claims Commissioner or other authority to the Claims Tribunal under sub-section (1),-

(a) The court, Claims Commissioner or other authority shall, as soon as may be after such transfer, forward the records of such suit, claim or other legal proceeding to the Claims Tribunal;

(b) The Claims Tribunal may, on receipt of such records, proceed to deal with such suit, claim or other legal proceeding, so far as may be, in the same manner as an application, from the stage which was reached before such transfer or from any earlier stage or de novo as the Claims Tribunal may deem fit.

——————–

1. Ins. by Act 28 of 1994, see. 13.

2. Subs. by Act 28 of 1994, sec. 13, for “that day”.

Section 25. Proceedings before Claims Tribunal to be judicial proceedings

All proceedings before the Claims Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code, 1860 (45 of 1860).

Section 26. Members and staff of Claims Tribunal to be public servants

The Chairman, Vice-Chairman and other Members and the officers and other employees of the Claims Tribunal shall be deemed to be public servants within the meaning of section 2l of the Indian Penal Code, 1860 (45 of 1860).

Section 27. Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against the Central Government or against the Chairman, Vice Chairman or other Member, or any other person authorized by the Chairman, Vice-Chairman or other Member for any thing which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

Section 28. Act to have overriding effect

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

Section 29. Power to remove difficulties

(1) If any difficulty arises in giving effect to provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of a period of three years from the appointed day.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

Section 30. Power to make rules

(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-

(a) The procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member;

(b) Salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9;

(c) The financial and administrative powers which the Chairman may exercise over the Benches under section I 1;

(d) The salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12;

(e) The form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 66;

(f) The rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of subsection (3) of that. section;

(g) Any other matter which is required to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified fon-n or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 31. Amendment of section 3

In section 3 of the Railways Act, after clause (18), the following clause shall be inserted, namely:-

‘(19) “Claims Tribunal” means the Railway Claims Tribunal established under section 3 of the Railway Claims Tribunal Act, 1987.’.

Section 32. Amendment of section 78A

In section 78A of the Railways Act, for the word “suit”, the words “application before the Claims Tribunal” shall be substituted.

Section 33. Substitution of new section for section 80

For section 80 of the Railways Act, the following section shall be substituted, namely:-

“80. Application for compensation.-

An application to the Claims Tribunal for compensation for loss of the life of, or personal injury to, a passenger or for loss, destruction, damage, deterioration or non delivery of animas or goods may be made,-

(a) If the passenger was, or the animals or goods were, booked from one station to another on the railway of the same railway administration, against that railway administration;

(b) If the passenger was, or the animals or goods were, booked through over the railway of two or more railway administrations, against the railway administration from which the passenger obtained his pass or purchased his ticket or to which the animals or goods were delivered for carriage, as the case may be, or against the railway administration on whose railway the destination station lies, or the loss, injury, destruction, damage or deterioration occurred.”

Section 34. Omission of sections 82B, 82D and 82F

Sections 82B, 82D and 82F of the Railways Act shall be omitted.

Section 35. Amendment of section 82C

In section 82C of the Railways Act,-

(a) In sub-section (1), for the words ‘Claims Commissioner”, the words “Claims Tribunal” shall be substituted;

(b) Sub-section (2) and the Explanation thereto shall be omitted.

Section 36. Amendment of sections 82E, 82G and 82HH

In sections 82E, 82G and 82HH of the Railways Act, for the word “Claims Commissioner”, wherever they occur, the words “Claims Tribunal” shall be substituted.

Section 37. Amendment of section 82-I

In section 82-I of the Railways Act, for the words, figures and letters “sections 82A to 82HH”, the words, figures and letters “sections 82A, 82C, 82E and 82G to 82HU” shall be substituted.

Section 38. Amendment of section 82J

In section 82J of the Railways Act,-

(a) In sub-section (1), for the words, figures and letters “sections 82A to 82H inclusive”, the words, figures and letters “sections 82A, 82C, 82E, 82G and 82H” shall be substituted;

(b) In sub-section (2), clause (i) and clauses (iv) to (vi) shall be omitted.

Bydeb

The Railways (Local Authorities Taxation) Act, 1941

[ACT NO.25 OF 1941]

[26th November, 1941.]

An Act to regulate the extent to which railway property shall be liable to taxation imposed by an authority within a 1[State].

WHEREAS it is expedient to regulate the extent to which property vested in 2 the Central Government, being property of a railway, shall be liable to taxation imposed by an authority within a 1[State]; It is hereby enacted as follows:—

——————–

1. Subs. by Act 3 of 1951, s.3 and Sch., for “Part A State”, which had been subs.for “Province” by the A.O.1950.

2. The words “His Majesty for the purposes of” omitted by the A.O.1950.

1. Short title and extent.

(1) This Act may be called the Railways (Local Authorities’ Taxation) Act, 1941.

(2) It extends to the whole of India 1[except the State of Jammu and Kashmir].

——————–

1. Subs. by Act 3 of 1951, s.3 and Sch., for “except Part B States”.

2. Definitions.

In this Act,-

(a) “local authority” means a local authority as defined in the General Clauses Act, 1897, and includes any authority legally entitled to or entrusted with the control or management of any fund for the maintenance of watchmen or for the conservancy of a river;

(b) “railway administration” has the meaning assigned to the expression in clause (6) of section 3 of the Indian Railways Act, 1890.

3. Liability of railways to taxation by local authorities.

(1) In respect of property vested in 1 the Central Government, being property of a railway, a railway administration shall be liable to pay any tax in aid of the funds of any local authority, if the Central Government, by notification in the Official Gazette, declares it to be so liable.

(2) While a notification under sub-section (1) is in force, the railway administration shall be liable to pay to the local authority either the tax mentioned in the notification or in lieu thereof such sum, if any, as a person appointed in this behalf by the Central Government may, having regard to the services rendered to the railway and all the relevant circumstances of the case, from time to time determine to be fair and reasonable.The person so appointed shall be a person who is or has been a Judge of a High Court or a District Judge.

——————–

1. The words “His Majesty for the purposes of” omitted by the A.O.1950.

4. Modification of existing liability to taxation.

The Central Government may, by notification in the Official Gazette, revoke or vary any notification issued under clause (1) of section 135 of the Indian Railways Act, 1830; and where a notification is so revoked any liability arising out of the notification to pay any tax to any local authority shall cease, and where a notification is so varied the liability arising out of the notification shall be varied accordingly.

5. Saving.

Nothing in this Act shall be construed as debarring any railway administration administering a railway from entering into a contract with any local authority for the supply of water or light or for the scavenging of railway premises, or for any other service which the local authority may be rendering or be prepared to render within any part of the local area under its control.

Bydeb

The Railways Act, 1989

Preamble

 [Act No. 24 of 1989]

[3rd June 1989]

 An Act to consolidate and amend the law relating to Railways.

 BE it enacted by Parliament in the Fortieth Year of the Republic of India as follows:

Section 1. Short title and commencement

(1) This Act may be called the Railways Act, 1989.

(2) It shall come into force on such date l as the Central Government may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force, of that provision.

Section 2. Definitions

In this Act, unless the context otherwise requires, –

(1) “Authorised” means authorised by a railway administration;

1[(1-A) “Authority” means the Rail Land Development Authority constituted under Section 4-A;]

(2) “Carriage” means the carriage of passengers or goods by a railway administration;

(3) “Claims Tribunal” means the Railway Claims Tribunal established under section 3 of the Railway Claims Tribunal Act, 1987 (54 of 1987);

(4) “Classification” means the classification of commodities made under section 31 for the purpose of determining the rates to be charged for carriage of such commodities;

(5) “Class rates” means the rate fixed for a class of commodity in the classification;

(6) “Commissioner” means the Chief Commissioner of Railway Safety or the Commissioner of Railway Safety appointed under section 5;

(7) “Commodity “ means a specific item of goods;

2[(7-A) “competent authority” means any person authorized by the Central Government, by notification, to perform the functions of the competent authority for such area as may be specified in the notification;]

(8) “Consignee” means the person named as consignee in a railway receipt;

(9) “Consignment” means goods entrusted to a railway administration for carriage;

(10) “Consignor” means the person, named in a railway receipt as consignor, by whom or on whose behalf goods covered by the railway receipt are entrusted to a railway administration for carriage;

(11) “Demurrage” means the charge levied for the detention of any rolling stock after the expiry of free time, if any, allowed for such detention;

(12) “Endorsee” means the person in whose favour an endorsement is made, and in the case of successive endorsements, the person in whose favour the last endorsement is made;

(13) “Endorsement’ means the signing by the consignee or the endorsee after adding a direction on a railway receipt to pass the property in the goods mentioned in such receipt to a specified person;

(14) “Fare” means the charge levied for the carriage of passengers;

(15) “Ferry” includes a bridge of boats, pontoons or rafts, a swing bridge, a fly bridge and a temporary bridge and the approaches to, and landing places of, a ferry;

(16) “Forwarding note” means the document executed under section 64;

(17) “Freight” means the charge levied for the carriage of goods including transshipment charges, if any;

(18) “General Manager” means the General Manager of a Zonal Railway appointed under section 4;

(19) “Goods” includes

(i) Containers, pallets or similar articles of transport used to consolidate goods; and

(ii) Animals-,

(20) “Government railway” means a railway owned by the Central Government;

(21) “In transit”, in relation to the carriage of goods by railway, means the period between the commencement and the termination of transit of such goods, and unless otherwise previously determined-

(a) Transit commences as soon as the railway receipt is issued or the consignment is loaded, whichever is earlier;

(b) Transit terminates on the expiry of the free time allowed for unloading of consignment from any rolling stock and where such unloading has been completed within such free time, transit terminates on the expiry of the free time allowed, for the removal of the goods from the railway premises;

(22) “Level crossing” means an inter-section of a road with lines of rails at the same level;

(23) “Luggage” means the goods of a passenger either carried by him in his charge or entrusted to a railway administration for carriage;

(24) “Lump sum rate” means the rate mutually agreed upon between a railway administration and a consignor for the carriage of goods and for any service in relation to such carriage;

(25) “Non-Government railway” means a railway other than a Government railway;

(26) “Notification” means a notification published in the Official Gazette;

(27) “Parcel” means goods entrusted to a railway administration for carriage by a passenger or a parcel train;

(28) “Pass” means an authority given by the Central Government or a railway administration to a person allowing him to travel as a passenger, but does not include a ticket;

(29) “Passenger” means a person travelling with a valid pass or ticket;

2[(29-A) “person interested” includes,-

(i) all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act;

(ii) tribal and other traditional forest dwellers, who have lost any traditional rights recognized under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007);

(iii) a person interested in an easement affecting the land; and

(iv) persons having tenancy rights under the relevant State laws;]

(30) “Prescribed” means prescribed by rules made under this Act;

(31) “Railway” means a railway, or any portion of a railway, for the public carriage of passengers or goods, and includes-

(a) All lands within the fences or other boundary marks indicating the limits of the land appurtenant to a railway;

(b) All lines of rails, sidings, or yards, or branches used for the purposes of, or in connection with, a railway;

(c) All electric traction equipments, power supply and distribution installations used for the purposes of, or in connection with, a railway;

(d) All rolling stock, stations, offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery, roads and streets, running rooms, rest houses, institutes, hospitals, water works and water supply installations staff dwellings and any other works constructed for the purpose of, or in connection with, railway;

(e) All vehicles which are used on any road for the purposes of traffic of a railway and owned, hired or worked by a railway; and

(f) All ferries, ships, boats and rafts which are used on any canal, river, lake or other navigable inland waters for the purposes of the traffic of a railway and owned, hired or worked by a railway administration,

But does not include-

(i) A tramway wholly within a municipal area; and

(ii) Lines of rails built in any exhibition ground, fair, park or any other place solely for the purpose of recreation;

(32) “Railway administration”, in relation to-

(a) A Government railway, means the General Manager of a Zonal Railway; and

(b) A non-Government railway, means the person who is the owner or lessee of the railway or the person working the railway under an agreement;

1[(32-A) “railway land” means any land in which a Government railway has any right, title or interest;]

(33) “Railway receipt” means the receipt issued under section 65;

(34) “Railway servant” means any person employed by the Central Government or by a railway administration in connection with the service of a railway;

(35) “Rate” includes any fare, freight or any other charge for the carriage of any passenger or goods;

(36) “Regulations” means the regulations made by the Railway Rates Tribunal under this Act;

(37) “Rolling stock” includes locomotives, lenders, carriages, wagons, rail-cars, containers, trucks, trolleys and vehicles of all kinds moving on rails;

2[(37-A) “special railway project” means a project, notified as such by the Central Government from time to time, for providing national infrastructure for a public purpose in a specified time-frame, covering one or more States or the Union territories;]

(38) “Station to station rate” means a special reduced rate applicable to a specific commodity booked between specified stations;

(39) “Traffic” includes rolling stock of every description, as well as passengers and goods; (40) “Tribunal” means the Railway Rates Tribunal constituted under section 33;

(41) “Wharfage” means the charge levied on goods for not removing them from the railway after the expiry of the free time for such removal;

(42) “Zonal Railway” means a Zonal Railway constituted under section 3.

Section 3. Zonal Railways

(1) The Central Government may, for the purpose of the efficient administration of the Government railways, by notification, constitute such railways into as many Zonal Railways as it may deem fit and specify in such notification the names and headquarters of such Zonal Railways and the areas in respect of which they shall exercise jurisdiction.

(2) The Zonal Railway existing immediately before the commencement of this Act shall be deemed to be Zonal Railways constituted under sub-section (1).

(3) The Central Government may, by notification, declare any unit of the railways engaged in research, development, designing, construction or production of rolling stock, its parts or other equipment used on a railway, to be a Zonal Railway.

(4) The Central Government may, by notification, abolish any Zonal Railway or constitute any new Zonal Railway out of any existing Zonal Railway or Zonal Railways, change the name or headquarters of any Zonal Railway or determine the areas in respect of which a Zonal Railway shall exercise jurisdiction.

Section 4. Appointment of General Manager

(1) The Central Government shall, by notification, appoint a person to be the General Manager of a Zonal Railway.

(2) The General superintendence and control of a Zonal Railway shall vest in the General Manager.

Section 4 A. Establishment of Railway Land Development Authority

1[Establishment of Railway Land Development Authority. The Central Government may, by notification, establish an authority to be called the Rail Land Development Authority to exercise the powers and discharge the functions conferred on it by or under this Act.]

Section 4 B. Composition of Authority

1[Composition of Authority. (1) The Authority shall consist of a Chairman, Vice-Chairman and not more than four other members.

(2) The Member Engineering, Railway Board shall be the Chairman, ex officio, of the Authority.

(3) The Vice-Chairman and three other members shall be appointed by the Central Government from amongst persons who are or have been working in the Civil Engineering, Finance and Traffic discipline of any railway administration and having adequate experience in the relevant discipline as the Central Government may consider necessary.

(4) The Central Government shall also appoint a member who shall be a person from outside the railway administration and having adequate experience in such field as it may consider necessary.]

Section 4 C. Terms and conditions of appointment of Vice-Chairman and other Members

1[Terms and conditions of appointment of Vice-Chairman and other Members. The terms and conditions of appointment of the Vice-Chairman and the other Members of the Authority, other than the Chairman, and the manner of filling causal vacancies among them shall be such as may be prescribed.]

Section 4 D. Functions of Authority

1[Functions of Authority. (1) The Authority shall discharge such functions and exercise such powers of the Central Government in relation to the development of railway land and as are specifically assigned to it by the Central Government.

(2) In particular, and without prejudice to the generally of the foregoing power, the Central Government may assign to the Authority all or any of the following functions, namely:-

(i) to prepare scheme or schemes for use of railways land in conformity with the provisions of this Act;

(ii) to develop railway land for commercial use as may be entrusted by the Central Government for the purpose of generating revenue by non-tariff measures;

(iii) to develop and provide consultancy, construction or management services and undertake operation in India in relation to the development of land and property;

(iv) to carry out any other work or function as may be entrusted to it by the Central Government, by order in writing.]

Section 4 E. Powers of Authority to enter into agreements and execute contracts

1[Powers of Authority to enter into agreements and execute contracts. Subject to such directions as may be given to it by the Central Government, the Authority shall be empowered to enter into agreements on behalf of the Central Government and execute contracts.]

Section 4 F. Procedure of transaction of business of Authority

1[Procedure of transaction of business of Authority. The Authority shall have power to regulate, by means of regulations made by it, its own procedure (including quorum at its meetings) and the conduct of all business to be transacted by it, the constitution of Committee and Sub-Committees of Members and the delegation to them any of the powers (excluding the power to make regulations under this chapter) and to perform duties of the Authority.]

Section 4 G. Appointment of officers and other employees of Authority

1[Appointment of officers and other employees of Authority. (1) For the purpose of enabling it efficiently to discharge its functions under this Act, the Central Government shall provide the Authority with such officers and other employees, and the Authority shall, subject to the rules as may be made by the Central Government in this behalf, appoint, whether on deputation or otherwise, such number of officers and other employees as it may deem necessary.

(2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the Authority, shall be such as may be prescribed.]

 Section 4 H. Salaries, allowances, etc. to be defrayed out of Consolidated Fund of India

1[Salaries, allowances, etc. to be defrayed out of Consolidated Fund of India. The salaries and allowances payable to the Vice-Chairman and other Members of the Authority and the administrative expenses including the salaries, allowances and pensions payable to the officers and other employees of the Authority shall be defrayed out of the Consolidated Fund of India.]

Section 4 I. Power of Authority to make regulations

1[Power of Authority to make regulations. (1) The Authority may, with the previous approval of the Central Government, make regulations, consistent with this Act and the rules made thereunder, for carrying out the provisions of this chapter.

(2) Every regulation made by the Authority under this chapter shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]

Section 5. Appointment of Chief Commissioner of Railway Safety and Commissioners of Railway Safety

The Central Government may appoint a person to be the Chief Commissioner of Railway Safety and such other persons as it may consider necessary to be the Commissioners of Railway Safety.

Section 6. Duties of Commissioner

The Commissioner shall-

(a) Inspect any railway with a view to determine whether it is fit to be opened for the public carriage of passengers and report thereon to the Central Government as required by or under this Act;

(b) Make such periodical or other inspections of any railway or of any rolling stock used thereon as the Central Government may direct;

(c) Make an inquiry under this Act into the cause of any accident on a railway; and

(d) Discharge such other duties as are conferred on him by or under this Act.

Section 7. Powers of Commissioner

Subject to the control of the Central Government, the Commissioner, whenever it is necessary so to do for any of the purposes of this Act, may-

(a) Enter upon and inspect any railway or any rolling stock used thereon;

(b) By order in writing addressed to a railway administration, require the attendance before him of any railway servant and to require answers or returns to such inquiries as he thinks fit to make from such railway servant or from the railway administration; and

(c) Require the production of any book, document or material object belonging to or in the possession or control of any railway administration, which appears to him to be necessary to inspect.

Section 8. Commissioner to be public servant

The Commissioner shall be deemed a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Section 9. Facilities to be afforded to Commissioners

A railway administration shall afford to the Commissioner all reasonable facilities for the discharge of the duties or for the exercise of the powers imposed or conferred on him by or under this Act.

Section 10. Annual report of Commissioners

The Chief Commissioner of Railway Safety shall prepare in each financial year an annual report giving a full account of the activities of the Commissioners during the financial year immediately preceding the financial year in which such report is prepared and forward, before such date as may be specified by the Central Government, copies thereof to the Central Government, and that Government shall cause that report to be, laid, as soon as may be, after its receipt before each House of Parliament.

Section 11. Power of railway administrations to execute all necessary works

Notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of this act and the provisions of any law for the acquisition of land for public purpose or for companies, and subject also, in the case of a non-Government Railway, to the provisions of any contract between the non-Government railway and the Central Government, a railway administration may, for the purposes of constructing or maintaining a railway-

(a) Make or construct in or upon, across, under or over any lands, or any streets, hills, valleys, roads, railways, tramways, or any rivers, canals, brooks, streams or other waters, or any drains, water-pipes, gas-pipes, oil-pipes, sewers, electric supply lines, or telegraph lines, such temporary or permanent inclined-planes, bridges, tunnels, culverts, embankments, aqueducts, roads, lines of railways, passages, conduits, drains, piers, cuttings and fences, in-take wells, tube wells, dams, river training and protection works as it thinks proper;

(b) Alter the course of any rivers, brooks, streams or other water courses, for the purpose of constructing and maintaining tunnels, bridges, passages or other works over or under them and divert or alter either temporarily or permanently, the course of any rivers, brooks, streams or other water courses or any roads, streets or ways, or raise or sink the level thereof, in order to carry them more conveniently over or under or by the side of the railway;

(c) Make drains or conduits into, through or under any lands adjoining the railway for the purpose of conveying water from or to the railway;

(d) Erect and construct such houses, warehouses, offices and other buildings, and such yards, stations, wharves, engines, machinery apparatus and other works and conveniences as the railway administration thinks proper;

1[(da) developing any railway land for commercial use;]

(e) Alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them and substitute others in their stead;

(f) Erect, operate, maintain or repair any telegraph and telephone lines in connection with the working of the railway;

(g) Erect, operate, maintain or repair any electric traction equipment, power supply and distribution installation in connection with the working of the railway; and

(h) Do all other acts necessary for making, maintaining altering or repairing and using, the railway.

Section 12. Power to alter the position of pipe, electric supply line, drain or sewer, etc

(1) A railway administration may, for the purpose of exercising the powers conferred on it by this Act, alter the position of any pipe for the supply of gas, water, oil or compressed air, or the position of any electric supply line, drain or sewer:

Provided that before altering the position of any such pipe, electric supply line drain or sewer, the railway administration shall give a notice indicating the time at which the work of such alteration shall commence, to the local authority or other person having control over the pipe, electric supply line, drain or sewer.

(2) The railway administration shall execute the work referred to in sub-section (1) to the reasonable satisfaction of the local authority or the person receiving the notice under the proviso to sub-section (1).

Section 13. Protection for Government Property

Nothing in sections 11 and 12 shall authorise-

(a) A railway administration of the Government railway to do anything on or to any works, lands or buildings vested in, or in the possession of, a State Government without the consent of that Government; and

(b) a railway administration of a non-Government railway to do anything on or to any works, lands or buildings vested in, or in the possession of, the Central Government or a State Government, without the consent of the Government concerned.

Section 14. Temporary entry upon land to remove obstruction, to repair or to prevent accident

(1) Where in the opinion of a railway administration-

(a) There is imminent danger that any tree, post or structure may fall on the railway so as to obstruct the movement of rolling stock; or

(b) Any tree, post, structure or light obstructs the view of any signal provided for movement of rolling stock; or

(c) Any tree, post or structure obstructs any telephone or telegraph line maintained by it,

It may take such steps as may be necessary to avert such danger or remove such obstruction and submit a report thereof to the Central Government in such manner and within such time as may be prescribed.

(2) Where in the opinion of a railway administration-

(a) A slip or accident has occurred; or

(b) There is apprehension of any slip or accident to any cutting, embankment or other work on a railway,

It may enter upon any lands adjoining the railway and do all such works as may be necessary for the purpose of repairing or preventing such slip or accident and submit a report thereof to the Central Government in such manner and within such time as may be prescribed.

(3) The Central Government may, after considering the report under sub-section (1) or sub-section (2), in the interest of public safety, by order, direct the railway administration that further action under sub-section (1) or sub-section (2) shall be stopped or the same shall be subject to such conditions as may be specified in that order.

Section 15. Payment of amount for damage or loss

(1) No suit shall lie against a railway administration to recover any amount for any damage or loss caused in the exercise of the powers conferred by any of the foregoing provisions of this Chapter.

(2) A railway administration shall pay or tender payment for any damage or loss caused in the exercise of the powers conferred by any of the foregoing provisions of this Chapter, and in case of a dispute as to the sufficiency of any amount so paid or tendered or as to the persons entitled to receive the amount, it shall immediately refer the dispute for the decision of the District Judge of the district and his decision thereon shall be final:

Provided that where the railway administration fails to make a reference within sixty days from the date of commencement of the dispute, the District Judge may, on an application made to him by the person concerned, direct the railway administration to refer the dispute for his decision.

(3) The reference under sub-section (2) shall be treated as an appeal under section 96 of the Code of Civil Procedure, 1908 (5 of 1908) and shall be disposed of accordingly.

(4) Where any amount has been paid as required by sub-section (2), the railway administration shall, notwithstanding anything in any other law for the time being in force, be discharged from all liabilities to any person whatsoever in respect of any amount so paid.

Section 16. Accommodation works

(1) A railway administration shall make and maintain the following works for the accommodation of the owners and occupiers of lands adjoining the railway, namely:-

(a) Such crossings, bridges, culverts and passages over, under or by the sides of, or leading to or from, the railway as may, in the opinion of the State Government, be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway is made; and

(b) All necessary bridges, tunnels, culverts, drains, water sources or other passages, over, under or by the sides of the railway, of such dimensions as will, in the opinion of the State Government, be sufficient at all times to convey water as freely from or to the lands lying near or affected by the railway as it was before the making of the railway or as nearly as possible.

(2) Subject to the other provisions of this Act, the works specified in sub-section (1) shall be made at the cost of the railway administration during or immediately after the laying out or formation of the railway over the lands traversed and in such a manner as to cause as little damage or inconvenience as possible to persons interested in the lands or affected by the works:

Provided that-

(a) A railway administration shall not be required to make any accommodation works in such a manner as would prevent or obstruct the working or using of the railway, or to make any accommodation works with respect to which the owners or occupiers of the lands have been paid compensation in consideration of their not requiring the said works to be made;

(b) Save as hereinafter, in this Chapter, provided, no railway administration shall be liable to execute any further or additional accommodation works for the use of the owners or occupiers of the lands after the expiration of ten years from the date on which the railway passing through the lands was first opened for public traffic;

(c) Where a railway administration has provided suitable accommodation work for the crossing of a road or stream and the road or stream is afterwards diverted by the act or neglect of the person having the control thereof, the railway administration shall not be compelled to provide any other accommodation work for the crossing of such road or stream.

(3) The State Government may specify a date for the commencement of any work to be executed under sub-section (1) and, if within three months next after that date, the railway administration fails to commence the work or having commenced it, fails to proceed diligently to execute it, the Central Government shall, on such failure being brought to its notice by the State Government, issue such directions to the railway administration as it thinks fit.

Explanation.For the purposes of this section, the expression “lands” shall include public roads.

Section 17. Power of owner, occupier, State Government or local authority to cause additional accommodation works to be made

(1) If an owner or occupier of any land affected by a railway considers the works made under section 16 to be insufficient for the use of the land, or if the State Government or a local authority desires to construct a public road or other work across, under or over a railway, such owner or occupier, or, as the case may be, the State Government or the local authority, may, at any time, require the railway administration to make at the expense of the owner or occupier or of the State Government or the local authority, as the case may be, such further accommodation works as are considered necessary and are agreed to by the railway administration.

(2) The accommodation works made under sub-section (1) shall be maintained at the cost of the owner or occupier of the land, the State Government or the local authority, at whose request the works were made.

(3) In the case of any difference of opinion between the railway administration and the owner or occupier, the State Government or the local authority, as the case may be, in relation to-

(i) The necessity of such further accommodation works; or

(ii) The expenses to be incurred on the construction of such further accommodation works; or

(iii) The quantum of expenses on the maintenance of such further accommodation works; it shall be referred to the Central Government whose decision thereon shall be final.

Section 18. Fences, gates and bars

The Central Government may, within such time as may be specified by it or within such further time, as it may grant, require that-

(a) Boundary marks or fences be provided or renewed by a railway administration for a railway or any part thereof and for roads constructed in connection therewith;

(b) Suitable gates, chains, bars, stiles or hand-rails be erected or renewed by a railway administration at level crossings;

(c) Persons be employed by a railway administration to open and shut gates, chains or bars.

Section 19. Over-bridges and under-bridges

(1) Where a railway administration has constructed lines of rails across a public road at the same level, the State Government or the local authority maintaining the road, may, at any time, in the interest of public safety, require the railway administration to take the road either under or over the railway by means of a bridge or arch with convenient ascents and descents and other convenient approaches, instead of crossing the road on the level, or to execute such other works as may, in the circumstances of the case, appear to the State Government or the local authority maintaining the road to be best adapted for removing or diminishing the danger arising from the level crossing.

(2) The railway administration may require the State Government or the local authority, as the case may be, as a condition of executing any work under sub-section (1), to undertake to pay the whole of the cost of the work and the expense of maintaining the work, to the railway administration or such proportion of the cost and expenses as the Central Government considers just and reasonable.

(3) In the case of any difference of opinion between the railway administration and the State Government or the local authority, as the case may be, over any of the matters mentioned in sub-section (1), it shall be referred to the Central Government, whose decision thereon shall be final.

Section 20. Power of Central Government to give directions for safety

Notwithstanding anything contained in any other law, the Central Government may, if it is of the opinion that any work undertaken or may be undertaken, is likely to alter or impede the natural course of water flow or cause an increase in the volume of such flow endangering any cutting, embankment or other work on a railway, issue directions in writing to any person, officer or authority responsible for such work to close, regulate or prohibit that work.

Section 20 A. Power to acquire land, etc

1[Power to acquire land, etc. (1) Where the Central Government is satisfied that for a public purpose any land is required for execution of a special railway project, it may, by notification, declare its intention to acquire such land.

(2) Every notification under sub-section (1), shall give a brief description of the land and of the special railway project for which the land is intended to be acquired.

(3) The State Government or the Union territory, as the case may be, shall for the purposes of this section, provide the details of the land records to the competent authority, whenever required.

(4) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which shall be in a vernacular language.]

 Section 20 B. Power to enter for survey, etc

1[Power to enter for survey, etc. On the issue of a notification under subsection (1) of Section 20-A, it shall be lawful for any person, authorized by the competent authority in this behalf, to-

(a) make any inspection, survey, measurement, valuation or enquiry;

(b) take levels;

(c) dig or bore into sub-soil;

(d) set out boundaries and intended lines of work;

(e) mark such levels, boundaries and lines placing marks and cutting trenches; or

(f) do such other acts or things as may be considered necessary by the competent authority.]

Section 20 C. Evaluation of damages during survey, measurement, etc

1[Evaluation of damages during survey, measurement, etc. The damages caused while carrying out works on land such as survey, digging or boring sub-soil, marking boundaries or cutting trenches or clearing away any standing crop, fence or forest or doing such other acts or things which may cause damages while acting under Section 20-B particularly relating to land which is excluded from acquisition proceeding, shall be evaluated and compensation shall be paid to the persons having interest in that land, within six months from the completion of the said works.]

Section 20 D. Hearing of objections, etc

1[Hearing of objections, etc. (1) Any person interested in the land may, within a period of thirty days from the date of publication of the notification under subsection (1) of Section 20-A, object to the acquisition of land for the purpose mentioned in that sub-section.

(2) Every objection under sub-section (1), shall be made to the competent authority in writing, and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections.

Explanation.-For the purposes of this sub-section, “legal practitioner” has the same meaning as in clause (i) of sub-section (1) of Section 2 of the Advocates Act, 1961 (25 of 1961).

(3) Any order made by the competent authority under sub-section (2) shall be final.]

Section 20 E. Declaration of acquisition

1[Declaration of acquisition. (1) Where no objection under sub-section (1) of Section 20-D has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objections under sub-section (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification, that the land should be acquired for the purpose mentioned in sub-section (1) of Section 20-A.

(2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encumbrances.

(3) Where in respect of any land, a notification has been published under subsection (1) of Section 20-A for its acquisition, but no declaration under sub-section (1) of this section has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect:

Provided that in computing the said period of one year, the period during which any action or proceedings to be taken in pursuance of the notification issued under subsection (1) of Section 20-A is stayed by an order of a court shall be excluded.

(4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority.]

Section 20 F. Determination of amount payable as compensation

1[Determination of amount payable as compensation. (1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority.

(2) The competent authority shall make an award under this section within a period of one year from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse:

Provided that the competent authority may, after the expiry of the period of limitation, if he is satisfied that the delay has been caused due to unavoidable circumstances, and for the reasons to be recorded in writing, he may make the award within an extended period of six months:

Provided further that where an award is made within the extended period, the entitled person shall, in the interest of justice, be paid an additional compensation for the delay in making of the award, every month for the period so extended, at the rate of not less than five per cent of the value of the award, for each month of such delay.

(3) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition, an amount calculated at ten per cent of the amount determined under sub-section (1), for that land.

(4) Before proceeding to determine the amount under sub-section (1) or subsection (3), as the case may be, the competent authority shall give a public notice published in two local newspapers, one of which shall be in a vernacular language inviting claims from all persons interested in the land to be acquired.

(5) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of Section 20-D, before the competent authority, at a time and place and to state the nature of their respective interest in such land.

(6) If the amount determined by the competent authority under sub-section (1) or as the case may be, sub-section (3) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government in such manner as may be prescribed.

(7) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act.

(8) The competent authority or the arbitrator while determining the amount of compensation under sub-section (1) or sub-section (6), as the case may be, shall take into consideration-

(a) the market value of the land on the date of publication of the notification under Section 20-A;

(b) the damage, if any sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land;

(c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings;

(d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.

(9) In addition to the market-value of the land as above provided, the competent authority or the arbitrator, as the case may be, shall in every case award a sum of sixty per centum on such market-value, in consideration of the compulsory nature of the acquisition.]

Section 20 G. Criterion for determination of market value of land

1[Criterion for determination of market value of land. (1) The competent authority shall adopt the following criteria in assessing and determining the market value of the land,-

(i) the minimum land value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds in the area, where the land is situated; or

(ii) the average of the sale price for similar type of land situated in the village or vicinity, ascertained from not less than fifty per cent of the sale deeds registered during the preceding three years, where higher price has been paid;

whichever is higher.

(2) Where the provisions of sub-section (1) are not applicable for the reason that:

(i) the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area; or

(ii) the registered sale deeds for similar land as mentioned in clause (i) of subsection (1) are not available for the preceding three years; or

(iii) the minimum land value has not been specified under the Indian Stamp Act, 1899 (2 of 1899) by the appropriate authority,

the concerned State Government shall specify the floor price per unit area of the said land based on the average higher prices paid for similar type of land situated in the adjoining areas or vicinity, ascertained from not less than fifty per cent of the sale deeds registered during the preceding three years where higher price has been paid, and the competent authority may calculate the value of the land accordingly.

(3) The competent authority shall, before assessing and determining the market value of the land being acquired under this Act,-

(a) ascertain the intended land use category of such land; and

(b) take into account the value of the land of the intended category in the adjoining areas or vicinity,

for the purpose of determination of the market value of the land being acquired.

(4) In determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, the competent authority may use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by the competent authority.

(5) The competent authority may, for the purpose of determining the value of trees and plants, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him.

(6) For the purpose of assessing the value of the standing crops damaged during the process of land acquisition proceedings, the competent authority may utilise the services of experienced persons in the field of agriculture as he considers necessary.]

Section 20 H. Deposit and payment of amount

1[Deposit and payment of amount. (1) The amount determined under Section 20-F shall be deposited by the Central Government, in such manner as may be prescribed by that Government, with the competent authority before taking possession of the land.

(2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto.

(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.

(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.

(5) Where the amount determined under Section 20-F by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent per annum on such excess amount from the date of taking possession under Section 20-1 till the date of actual deposit thereof.

(6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government, in such manner as may be prescribed by that Government, with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit.]

Section 20 I. Power to take Possession

1[Power to take Possession. (1) Where any land has vested in the Central Government under sub-section (2) of Section 20-E, and the amount determined by the competent authority under Section 20-F with respect to such land has been deposited under sub-section (1) of Section 20-H with the competent authority by the Central Government, the competent authority may, by notice in writing, direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within a period of sixty days of the service of the notice.

(2) If any person refuses or fails to comply with any direction made under subsection (1), the competent authority shall apply-

(a) in case of any land situated in any area falling within the metropolitan area, to the Commissioner of Police;

(b) in case of any land situated in any area other than the area referred to in clause (a), to the Collector of a district,

and such Commissioner or Collector, as the case may be, shall enforce the surrender of the land, to the competent authority or to the person duly authorised by it.]

Section 20 J. Right to enter into land where land has vested in Central Government

1[Right to enter into land where land has vested in Central Government. Where the land has vested in the Central Government under Section 20-E, it shall be lawful for any person authorised by the Central Government in this behalf, to enter and do other act necessary upon the land for carrying out the building, maintenance, management or operation of the special railway project or part thereof or any other work connected therewith.]

Section 20 K. Competent authority to have certain powers of civil court

1[Competent authority to have certain powers of civil court. The competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) reception of evidence on affidavits;

(d) requisitioning any public record from any court or office;

(e) issuing commission for examination of witnesses.]

Section 20 L. Utilisation of land for the purpose it is acquired

1[Utilisation of land for the purpose it is acquired. (1) The land acquired under this Act shall not be transferred to any other purpose except for a public purpose, and after obtaining the prior approval of the Central Government.

(2) When any land or part thereof, acquired under this Act remains unutilized for a period of five years from the date of taking over the possession, the same shall return to the Central Government by reversion.]

Section 20 M. Sharing with landowners the difference in price of a land when transferred for a higher consideration

1[Sharing with landowners the difference in price of a land when transferred for a higher consideration. Whenever any land acquired under this Act is transferred to any person for a consideration, eighty per cent of the difference in the acquisition cost and the consideration received, which in no case shall be less than the acquisition cost, shall be shared amongst the persons from whom the lands were acquired or their heirs, in proportion to the value at which the lands were acquired, and for the purpose, a separate fund may be maintained which shall be administered by the competent authority in such manner as may be prescribed by the Central Government.]

Section 20 N. Land Acquisition Act 1 of 1894 not to apply

1[Land Acquisition Act 1 of 1894 not to apply. Nothing in the Land Acquisition Act, 1894 shall apply to an acquisition under this Act.]

Section 20 O. Application of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition

1[Application of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition. The provisions of the National Rehabilitation and Resettlement Policy, 2007 for project affected families, notified by the Government of India in the Ministry of Rural Development vide number F. 26011/4/2007-LRD, dated the 31st October, 2007, shall apply in respect of acquisition of land by the Central Government under this Act.]

Section 20 P. Power to make rules in respect of matters in this chapter

1[Power to make rules in respect of matters in this chapter. (1) The Central Government may, by notification, make rules to carry out the purposes of this chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the manner of appointment of arbitrator under sub-section (6) of Section 20-F;

(b) the manner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of Section 20-H;

(c) the manner of maintenance and administration of separate fund for the purposes of Section 20-M.]

Section 21. Sanction of the Central Government to the opening of railway

No railway shall be opened for the public carriage of passengers until the Central Government has, by order, sanctioned the opening thereof for that purpose.

Section 22. Formalities to be complied with before giving sanction to the opening of a railway

(1) The Central Government shall, before giving its sanction to the opening of a railway under section 2 1, obtain a report from the Commissioner that-

(a) He has made a careful inspection of the railway and the rolling stock that may be used thereon;

(b) The moving and fixed dimensions as laid down by the Central Government have not been infringed;

(c) The structure of lines of rails, strength of bridges, general structural character of the works and the size of, and maximum gross load upon, the axles of any rolling stock, comply with the requirements laid down by the Central Government; and

(d) In his opinion, the railway can be opened for the public carriage of passengers without any danger to the public using it.

(2) If the commissioner is of the opinion that the railway cannot be opened without any danger to the public using it, he shall, in his report, state the grounds therefor, as also the requirements, which, in his opinion, are to be complied with before sanction is given by the Central Government.

(3) The Central Government, after considering the report of the Commissioner, may sanction the opening of a railway under section 21 as such or subject to such conditions as may be considered necessary by it for the safety of the public.

Section 23. Sections 21 and 22 to apply to the opening of certain works

The provisions of sections 21 and 22 shall apply to the opening of the following works if they form part of, or are directly connected with, a railway used for the public carriage of passengers and have been constructed subsequent to the giving of a report by the Commissioner under section 22, namely: –

(a) Opening of additional lines of railway and deviation lines;

(b) Opening of stations, junctions and level crossings;

(c) Re-modelling of yards and re-building of bridges;

(d) Introduction of electric traction; and

(e) Any alteration or reconstruction materially affecting the structural character of any work to which the provisions of sections 21 and 22 apply or are extended by this section.

Section 24. Temporary suspension of traffic

When an accident has occurred on a railway resulting in a temporary suspension of traffic, and either the original lines of rails and works have been restored to their original standard or a temporary diversion has been laid for the purpose of restoring communication, the original lines of rails and works so restored, or the temporary diversion, as the case may be, may, without prior inspection by the Commissioner, be opened for the public carriage of passengers, subject to the following conditions, namely:-

(a) The railway servant in charge of the works undertaken by reason of the accident has certified in writing that the opening of the restored lines of rails and works, or of the temporary diversion will not in his opinion be attended with danger to the public; and

(b) A notice of the opening of the lines of rails and works or the diversion shall be sent immediately to the Commissioner.

Section 25. Power to close railway opened for the public carriage of passengers

Where, after the inspection of any railway opened and used for the public carriage of passengers or any rolling stock used thereon, the Commissioner is of the opinion that the use of the railway or of any rolling stock will be attended with danger to the public using it, the Commissioner shall send a report to the Central Government who may thereupon direct that-

(i) The railway be closed for the public carriage of passengers; or

(ii) The use of the rolling stock be discontinued; or

(iii) The railway or the rolling stock may be used for the public carriage of passengers subject to such conditions as it may consider necessary for the safety of the public.

Section 26. Re-opening of closed railway

When the Central Government has, under section 25, directed the closure of a railway or the discontinuance of the use of any rolling stock-

(a) The railway shall not be re-opened for the public carriage of passengers until it has been inspected by the Commissioner and its re-opening is sanctioned in accordance with the provisions of this Chapter; and

(b) The rolling stock shall not be used until the Commissioner has inspected it and its re-use is sanctioned in accordance with the provisions of this Chapter.

Section 27. Use of rolling stock

A railway administration may use such rolling stock, as it may consider necessary for the construction, operation and working of a railway:

Provided that before using any rolling stock of a design or type different from that already running on any section of the railway, the previous sanction of the Central Government shall be obtained for such use:

Provided further that before giving any such sanction, the Central Government shall obtain a report from the Commissioner that he has made a careful inspection of the rolling stock and, in his opinion, such rolling stock can be used.

Section 28. Delegation of powers

The Central Government may, by notification, direct that any of its powers or functions under this Chapter, except section 29, or the rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercised or discharged also by a Commissioner.

Section 29. Power to make rules in respect of matters in this Chapter

(1) The Central Government may, by notification, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) The duties of a railway administration and the Commissioner in regard to the opening of a railway for the public carriage of passengers;

(b) The arrangements to be made for and the formalities to be complied with before opening a railway for the public carriage of passengers;

(c) For regulating the mode in which, and the speed at which rolling stock used on railways is to be moved or propelled; and

(d) The cases in which and the extent to which the procedure provided in this Chapter may be dispensed with.

Section 30. Power to fix rates

(1) The Central Government may, from time to time, by general or special order fix, for the carriage of passengers and goods, rates for the whole or any part of the railway and different rates may be fixed for different classes of goods and specify in such order the conditions subject to which such rates shall apply.

(2) The Central Government may, by a like order, fix the rates of any other charges incidental to or connected with such carriage including demurrage and wharfage for the whole or any part of the railway and specify in the order the conditions subject to which such rates shall apply.

Section 31. Power to classify commodities or alter rates

The Central Government shall have power to-

(a) Classify or re-classify any commodity for the purpose of determining the rates to be charged for the carriage of such commodities; and

(b) Increase or reduce the class rates and other charges.

Section 32. Power of railway administration to charge certain rates

Notwithstanding anything contained in this Chapter, a railway administration may, in respect of the carriage of any commodity and subject to such conditions as may be specified, –

(a) Quote a station-to-station rate;

Increase or reduce or cancel, after due notice in the manner determined by the Central Government, a station to station rate, not being a station to station rate introduced in compliance with an order made by the Tribunal;

(c) Withdraw, alter or amend the conditions attached to a station to station rate other than conditions introduced in compliance with an order made by the Tribunal; and

(d) Charge any lump sum rate.

Section 33. Constitution of the Railway Rates Tribunal

(1) There shall be a Tribunal, to be called the Railway Rates Tribunal, for the purpose of discharging the functions specified in this Chapter.

(2) The Tribunal shall consist of a Chairman and two other members to be appointed by the Central Government.

(3) A person shall not be qualified for appointment as the Chairman of the Tribunal unless he is, or has been, a Judge of the Supreme Court or of a High Court and of the other two members, one shall be a person, who, in the opinion of the Central Government, has special knowledge of the commercial, industrial or economic conditions of the country, and the other shall be a person, who, in the opinion of the Central Government, has special knowledge and experience of the commercial working of the railways.

(4) The Chairman and the other members of the Tribunal shall hold office for such period, not exceeding five years, as may be prescribed.

(5) In case the Chairman or any other member is, by infirmity or otherwise, rendered incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, the Central Government may appoint another person to act in his place during his absence.

(6) A person who holds office as the Chairman or other member of the Tribunal shall, on the expiration of the term of his office (not being an office to fill a casual vacancy), be ineligible for re-appointment to that office.

(7) Subject to the provisions of sub-sections (5) and (6), the Chairman and other members of the Tribunal shall hold office on such terms and conditions as may be prescribed.

(8) No act or proceeding of the Tribunal shall be invalidated merely by reason of-

(a) Any vacancy in, or any defect in the constitution of, the Tribunal; or

(b) Any defect in the appointment of a person acting as a Chairman or other member of the Tribunal.

Section 34. Staff of the Tribunal

(1) The Tribunal may, with the previous approval of the Central Government, appoint such officers and employees, as it considers necessary for the efficient discharge of its functions under this Chapter.

(2) The terms and conditions of service of the officers and employees of the Tribunal shall be such as may be determined by regulations

Section 35. Sittings of the Tribunal

The Tribunal may sit at such place or places as it may find convenient for the transaction of its business

Section 36. Complaints against a railway administration

Any complaint that a railway administration-

(a) Is contravening the provisions of section 70; or

(b) Is charging for the carriage of any commodity between two stations at a rate which is unreasonable; or

(c) Is levying any other charge which is unreasonable,

May be made to the Tribunal, and the Tribunal shall hear and decide any such complaint in accordance with the provisions of this Chapter.

Section 37. Matters not within the jurisdiction of the Tribunal

Nothing in this Chapter shall confer jurisdiction on the Tribunal in respect of-

(a) Classification or re-classification of any commodity;

(b) Fixation of wharfage and demurrage charges (including conditions attached to such charges);

(c) Fixation of fares levied for the carriage of passengers and freight levied for the carriage of luggage, parcels, railway material and military traffic; and

(d) Fixation of lump sum rates.

Section 38. Powers of the Tribunal

(1) The Tribunal shall have the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for the purposes of taking evidence on oath, enforcing the attendance of witnesses, compelling the discovery and production of documents, issuing commissions for the examination of witnesses and of review and shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1973 (2 of 1974) and any reference in such section or Chapter to the presiding officer of a court shall be deemed to include a reference to the Chairman of the Tribunal.

(2) The Tribunal shall also have power to pass such interim and final orders as the circumstances may require, including orders for the payment of costs.

Section 39. Reference to the Tribunal

Notwithstanding anything contained in section 37, the Central Government may make a reference to the Tribunal in respect of any of the matter specified in that section and where any such reference is made in respect of any such matter, the Tribunal shall make an inquiry into that matter and submit its report thereon to the Central Government.

Section 40. Assistance by the Central Government

(1) The Central Government shall give to the Tribunal such assistance as it may require and shall also place at its disposal any information in the possession of the Central Government which that Government may think relevant to any matter before the Tribunal.

(2) Any person duly authorised in this behalf by the Central Government shall be entitled to appear and be heard in any proceedings before the Tribunal.