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RAILWAY PROTECTION FORCE ACT

Ministry of Law and Justice

Act nº 23 of 1957


  • Schedules
  • Amending Acts
  • Act nº 23 of 1957

Preamble

THERAILWAY PROTECTION FORCE ACT, 1957

[Act, No. 23 of 1957]

[29th August, 1957]

PREAMBLE

1 [AnAct to provide for the constitution and regulation of an armed Force of theUnion for the better protection and security of railway property and for mattersconnected therewith.]

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

1.Substitutedfor the long title by Railway Protection Force (Amendment) Act (60 of 1985),Section 2 (20-9-85).


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 date1as the Central Government may, by notification in the Official Gazette, appoint.

1. The Act came into force on 10-9-1959.


Section 2. Definitions

1 [(1)] In this Act, unless the context otherwise requires,--

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

1 [(b) "Director-General" mens the Director-General of the Force appointed under sub-section (1) of section 4;

(ba) "enrolled member of the Force" means any subordinate officer, under officer or any other member of the Force of a rank lower than that of under officer;

(bb) "Force custody" means the arrest or confinement of a member of the Force in accordance with rules made under this Act;]

(c) "member of the Force" means a person appointed to the Force under this Act b2 [* *];

(d) "prescribed" mean 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;

3 [(ea) "subordinate officer" means a person appointed to the Force as an Inspector, a Sub-Inspector or an Assistant Sub-Inspector;

(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;

3 [(fa) "under officer" means a person appointed to the Force as a Head Constable or Naik;]

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

3 [(2) Any reference in this act to a law which is not in force in any area shall in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.]

1. Section 2 re-numbered as sub-section (1) and Clause (b) of sub-section (1) so re-numbered substituted by Railway Protection Force (Amendment) Act, (60 of 1985), Section 3 w.e.f.20-9-85.

2. Words "other than a superior officer omitted, by Railway Protection Force (Amendment) Act, (60 of 1985), Section 3 w.e.f.20-9-85.

3.. inserted, by Railway Protection Force (Amendment) Act, (60 of 1985), Section 3 w.e.f.20-9-85.


Section 3. Constitution Of The Force

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

(2)The force shall be constituted in such manner shall consist of such number of 2 [superiorofficers 2 [subordinate officers, under officers and other enrolledmembers] of the Force and shall receive such pay and other renumeration as maybe prescribed.

1. Substituted for the words "or Force" by Railway Protection Force (Amendment) Act 60 of 1985) w.e.f. (20-9-85)

2. Substituted for the words "superior officers and members", by Railway Protection Force (Amendment) Act 60 of 1985) w.e.f. (20-9-85)


Section 4. Appointment And Powers Of Superior Officers

1 [(1) the Central Government mayappoint a person to be the director-General of the Force and may appoint otherpersons to be Inspector-General. Additional Inspector-General, DeputyInspector-General, Assistant Inspector-General, Senior Commandants, Commandantsor Assistant Commandants of the Force.]

(2)The 2 [Director-General] and every other superior officer so appointedshall posses and exercise such powers and authority over the members of theForce under their respective commands as is provided by or under this Act.

1. Substituted by Railway Protection Force (Amendment) Act, (60 of 1985), w.e.f. 20-9-85.

2.Substituted for the Words "Inspector-General", by Railway Protection Force (Amendment) Act, (60 of 1985), w.e.f. 20-9-85.


Section 5. Classes And Ranks Among Members Of The Force

[Omitted by Railway Protection Force (Amendment) Act (60 of 1985), Section 6 (20-9-85).

Section 6. Appointment Of Members Of The Force

1 [6. Appointment Of Members Of The Force

The appointment of enrolled members of the Force shall rest with the Inspector-General, Additional Inspector-General or Deputy Inspector-General who shall exercise that power in accordance with rules made under this Act:

Provide that the power of appointment under this section may also be exercised by other superior officer as the Inspector-General, Additional Inspector-General or Deputy Inspector-General concerned may, by order, specify in this behalf.]

1. Substituted by Railway Protection Force (Amendment) Act (60 of 1985), w.e.f. 20-9-85.


Section 7. Certificates To Members Of The Force

(1)Every member of the Force shall receive on his appointment a certificate in theform specified in the Schedule, under the seal of the 1 [Inspector-General,Additional Inspector-General or Deputy Inspector-General] or such other superiorofficer as the a 1 [Inspector-General, Additional Inspector-Generalor Deputy Inspector-General] may specify in this behalf by virtue of which theperson holding such certificate shall be vested with the powers of a member ofthe Force.

(2)Such certificate shall cease to have effect whenever the person named in itceases for any reason to be a member of the Force 2 [* * * *].

1. Substituted for the words "Chief Security Officer" by Railway Protection Force (Amendment) Act (60 of 1985), Section 8 w.e.f. (20-9-85).

2.Words "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" omitted, by Railway Protection Force (Amendment) Act (60 of 1985),Section 8 w.e.f. (20-9-85).


Section 8. Superintendence And Administration Of The Force

1 [8. Superintendence And Administration Of The Force

(1) The superintendence of the Force shall vest in the Central Government, and subject thereto and to the provisions of this Act and of any rules made there under, the command supervision and administration of the Force shall vest in the Director-General.

(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 an Inspector-General, an Additional Inspector-General or a Deputy Inspector-General in accordance with the provisions of this Act and of any rules made there under and they shall, subject to any direction that may be given by the Central Government or the Director-General in this behalf discharge his function under the general supervision of the General Manager of the Railway."

1. Substituted by Railway Protection Force (Amendment) Act (60 of 1985), w.e.f. 20-9-85.


Section 9. Dismissal, Removal, etc. Of members Of The force

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

(i)dismiss, suspend or reduce in rank any 1 [enrolled member] of theForce whom he shall think remiss or negligent in the discharge of his duty, orunfit for the same; or

(ii)award any one or more of the following punishments to any 1 [enrolledmember] 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 not exceeding seven days' pay or reduction in pay scale;

(b)confinement to quarters for a period not exceeding fourteen days with or withoutpunishment, drill, extra guard, fatigue or other duty;

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

2 [(2) Any enrolled member of theforce aggrieved by an order made under sub-section (1) may, within thirty daysfrom the date on which the order is communicated to him prefer an appeal againstthe order to such authority as may be prescribed.

Providedthat the prescribed authority may entertain the appeal after the expiry of thesaid period of thirty days if it is satisfied that the appellant was preventedby sufficient cause from filing the appeal in time.

(3)In disposing of the appeal, the prescribed authority shall follow such procedureas may be prescribed:

Providedthat no order imposing an enhanced penalty under sub-section (2) shall be madeunless a reasonable opportunity of being heard has been given to the personaffected by such order.]

1.Substituted for the word "member" by Railway Protection Force(Amendment) Act (60 of 1985), w.e.f. (20-9-85).

2.Substituted, by Railway Protection Force (Amendment) Act (60 of 1985),w.e.f. (20-9-85).


Section 10. Officers And Members Of The Force To Be Deemed To Be Railway Servants

1 [Director-General and everymember of the Force] shall for all purposes be regarded as railway servants withthe meaning of the Indian Railways Act, 1890, other than Chapter VI-A thereof,and shall be entitled to exercise the powers conferred on railway servants by orunder that Act.

1.Substituted for the words "The Inspector-General and every other superior officer and every member of the Force" by Railway Protection Force (Amendment) Act (60 of 1985), w.e.f. (20-9-85).


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 conductive to the better protection and security of railway property.

Section 12. Power To Arrest Without Warrant

1[12. Power To Arrest Without Warrant

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

(i) any person who voluntarily causes hurt to, or attempts voluntarily to cause hurt to, or wrongfully restrain or attempts wrongfully to restrain, or assaults, threatens to assault, or uses, or threatens or attempts to use, criminal force to him or any other member of the Force in the execution of his duty as such member, or with intent to prevent or to deter him from discharging his duty as such member, or in consequence of anything done or attempted to be done by him in the lawful discharge of his duty as such member; or

(ii) any person who has been concerned in, or against whom a reasonable suspicion exists of his having been concerned in, or who is found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing a cognizable offence which relates to railway property; or

(iii) any person found taking precautions to conceal his presence within the 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; or

(iv) any person who commits or attempts to commit a cognizable offence which involves or which is likely to involve imminent danger to the life of any person engaged in carrying on any work relating to railway property.]

1. Substituted by Railway Protection Force (Amendment) Act (60 of 1985), w.e.f (20-9-85).


Section 13. Power To Search Without Warrant

(1)Whenever 1 [* * *] any member of the Force, not below the rank of aSenior Rakshak, has reason to believe that any such offence as is referred to insection 12 has been or is being committed and that a search-warrant cannot beobtained without affording the offender an opportunity of escaping or ofconcealing evidence of the offence, he may detain him and search his person andbelongings forthwith and if he thinks proper, arrest any person whom he hasreason to believe to have committed the offence.

(2)The provisions of the 2 [Code of Criminal Procedure, 1973], relatingto searches under that Code shall, so far as may be, apply to searches underthis section.

1.Words "any superior officer or" omitted by Railway Protection Force (Amendment) Act (60 of 1985), w.e.f. (20-9-85).

2.Substituted for the words "Code of Criminal Procedure, 1898", by Railway Protection Force (Amendment) Act (60 of 1985), w.e.f. (20-9-85).


Section 14. Procedure To Be Followed After Arrest

Any1[* * *] 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 or cause him to be taken to the nearest police station.

1. Words "superior officer or" omitted by Railway Protection Force (Amendment) Act (60 of 1985), w.e.f. (20-9-85).