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RAILWAY PROTECTION FORCE (AMENDMENT) ACT

Ministry of Law and Justice

Act nº 60 of 1985


  • Schedules
  • Act nº 60 of 1985

Preamble

THE RAILWAY PROTECTION FORCE (AMENDMENT) ACT, 1985

[Act, No.60 of 1985]

[6th September, 1985.]

An Act to amend the Railway Protection Force Act, 1957.

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

Section 1. Short title and commencement

(1) This Act may be called the Railway Protection Force (Amendment) Act, 1985.

2.It shall come into force on such date {20-9-85; Vide Notification No.S.O.676 (E), dated 18-9-1985 Gazette of India Extra-ordinary, 1985, Part II, section 3 (ii).} as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Amendment of long title

In the Railway Force Act, 1957 (23 of 1957) (hereinafter referred to as the principal Act), for long title, the following long title shall be substituted, namely:-

"An Act to provide for the constitution and regulation of an armed force of the Union for the better protection and security of railway property and for matters connected therewith".

Section 3. Amendment of section 2

Section 2 of the principal Act shall be recnumbered as sub-section (1) thereof, and-

(a) in sub-section (1) as so renumbered,-

(i) for clause (b), the following clauses shall be substituted, namely:-

(b) "Director-General" means 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;';

(ii) in clause (c), the words "other than the superior officer" shall be omitted;

(iii) after clause (e), the following clause shall be inserted, namely:-

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

(iv) after clause (f), the following clause shall be inserted, namely:-

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

(v) after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-

"(2) Any reference in this Act to a law which is not in force in any area shall, in relation to that area, he construed as a reference to the corresponding law, if any, in force in that area.".

Section 4. Amendment of section 3

In section 3 of the principal Act,-

(a) in sub-section (1) for the words "a Force", the words "an armed force of the Union" shall be substituted;

(b) in sub-section (2), for the words "superior officers and members", the words "superior officers, subordinate officers, under officers and other enrolled members" shall be substituted.

Section 5. Amendment of section 4

In section 4 of the principal Act,--

(a) for sub-section (1), the following sub-section shall be substituted, namely:-

"(1) The Central Government may appoint a person to be the Director_General of the Force and may appoint other persons to be Inspectors-General, Additional Inspectors-General, Deputy Inspectors-General, Assistant Inspector-General, Senior Commandants, Commandants or Assistant Commandants of the Force.";

(b) in sub-section (2), for the expression "Inspector-General", the expression "Director-General" shall be substituted.

Section 6. Omission of section 5

Section 5 of the principal Act shall be omitted

Section 7. Substitution of new section for section 6

For section 6 of the principal Act, the following section shall be substituted, namely:-

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:

Provided 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.".

Section 8. Amendment of section 7

In section 7 of the principal Act,-

(a) in sub-section (1), for the words "Chief Security Officer", at both the places where they occur, the words "Inspector-General, Additional Inspector-General or Deputy Inspector-General" shall be substituted;

(b) in sub-section (2), the words "and on his cessing to be a member of the Force shall be forthwith surrendered by him to any superior officer empowered to receive the same" shall be omitted.

Section 9. Substitution of new section for section 8

For section 8 of the principal Act, the following section shall be substituted, namely-:

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

Section 10. Amendment of section 9

In section 9 of the principal Act,--

(a) in sub-section (1), for the word "member", at both the places where it occurs, the words "enrolled member" shall be substituted;

(b) for sub-section (2), the following sub-sections shall be substituted, namely:-

"(2) Any enrolled member of the Force aggrieved by an order made under sub-section (1) may, within thirty days from the date on which the order is communicated to him, prefers an appeal against the order to such authority as may be prescribed:

Provided that the prescribed authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time.

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

Provided that no order imposing an enhanced penalty under sub-section (2) shall be made unless a reasonable opportunity of being heard has been given to the person affected by such order.".

Section 11. Substitution of new section for section 12

For section 12 of the principal Act, the following section shall be substituted, namely:-

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 restrains 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 members 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.;.

Section 12. Amendment of section 15

In section 15 of the principal Act,--

(a) for sub-section (1) the following sub-section shall be substituted, namely:-

"(1) Every member of the Force shall, for the purposes of this Act, be considered to be always on duty, and shall, at any time, be liable to be employed at any place within India.";

(b) in sub-section (2), the words "superior officer or" shall be omitted.

Section 13. Insertion of new section 15A

After section 15 of the principal Act, the following section shall be inserted, namely:-

"15A. (1) No number of the Force shall, without the previous sanction in writing of the Central Government or of the prescribed authority,-

(a) be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade union, labour unions or political associations; or

(b) be a member of, or be associated in any way with, any other society, institution, association or organisation that is not recognised as part of the Force or is not of a purely social, recreational or religious nature; or

(c) communicate with the press or publish or cause to be published any book letter or other document except where such communication or publication is in the bone fide discharge of his duties or is of a purely literary, atrictic or scientific character or is of a prescribed nature.

Explanation.- If any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of the Central Government thereon shall be final.

(2) No member of the Force shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposed or for such other purposed as may be prescribed.".

Section 14. Insertion of new section 16A

After section 16 of the principal Act, the following section shall be inserted, namely:-

16A.Surrender of certificate, arms, etc., by persons ceasing to be members of the Force.-

(1) Every person who for any reason ceases to be a member of the Force, shall forthwith surrender to any superior officer empowered to receive the same, his certificate of appointment the arms accoutrements, clothing and other articles which have been furnished to him for the performance of his duties as a member of the Force.

(2) Any person who wilfully neglects or refuses to surrender his certificate of appointment, the arms accoutrements, clothing and other articles furnished to him, as required by sub-section (1) shall, on conviction be punished with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both.

(3) Nothing in this section shall be deemed to apply to any article which, under the orders of the Director-General has become the property of the person to whom the same was furnished.".