Section 0

`An` Act to amend the Indian Railway Act, 1879. WHEREAS it is expedient to amend the Indian Preamble. Railway Act, 1879, in manner hereinafter appearing ; It is hereby enacted `as` follows :- 1. This Act may be called the Indian Railway Short title. Act, 1883 ; IV of 1879. and it shall come into force at once. Commence. ment. New sections substituted for section 6 of Act `IV` of 1879. ment. 2. For section five of the said Act the following New sections substituted sections shall be substituted, namely :- " 5. A Railway, or portion or extension of, or ad- Railway dition to, a Railway, shall not be opened for the public opened. conveyance of passengers until the Railway Administration has given to the Governor General in Council notice in writing of the intention of opening the same, and until the Governor General in Council has by order sanctioned the opening of the same. when to be " 5A. The Governoy General in Council may from Governo~ General in time to time appoint, by name or by virtue of their uou,,cil may office, officers to be Inspecting-officers under this Act. appoint In- General in uou,,cil appoint Inspecting. officers. " 5B. (I) The sanction referred to in section five sanction not shall not be given until an officer appointed under ~n~~~~~ section 5A has, after inspe~tion of the Railway, por- report by Intion, extension or addition, as the case may be, report- tg:Eged to the Governor General in Council that in his opinion the opening of the same would not be attended with danger to the public using it. " (3) I n such case it shall not be necessary to make the report required by sub-section (1) ; but the Governor General in Council may by order cancel the sanction given under sub-section (2), or direct that the sanction shall be subject to such conditions as he thinks fit. " (4) The sanction given under this section may be either atbsolute or subject to such conditions as the Governor General in Council, or the officer appointed under section 5 A, as the ease may be, thinks necessary for the safety of the public. " (5) When sanction for the opening of any Railway, or portion or extension of, or addition to, any Railway is given subject to conditions, and the Railway Administration fails or neglects to fulfil, or comply wi'th, those conditions, the sanction shall on the faiiure or neglect forthwith be deemed to be void, and the Sailway, or portion, or extension, or addition, as the ease may be, shall not be used unless and until sanction is again obtained under `'this` section for the opening thereof. Wheh altka" `56.` If, after a Railway `has` been opened as heretions affectingsafety of inbefore provided, any portion of it is so altered by passengers the Railw,ay Administration `as` to cause danger to, are made in or affect the safety of, passengers carried thereon, the . Railway, to portion so altered shall not be used for the public ' be again conveyance of passengers, unless and until sanction obta!ned for . opening. is obtained, in accordance with the provisions of section 5B, ior the opening of it. ed Rqi Jways. I e I ed to be a public scrvalit withill the meaning of the `LLV` of 1860. Indian Penal Code, and shall, subject to the control of the Governor Ganeral in Council, have the following powers, namely :- '' (a) he may enter on and inspect any Railway or portion thereof which has been opened for the public conveyance of passengers, or any rolling-stock used thereon ; " (b) 11e may, by an order in writing under his hand, require the attendance of any Railway-servant whom he thinks fit to call before him and examine for tlie said purpose, and may require any such servant to answer, or furnish returns regarding, such inquiries for the said purpose as he thinks fit to make ; " (c) he may require and enforce the production of all books, papers and documents belonging to or in the possession of any Railway Adlninistration m711ich in his opinion are necessary for the said purpose. Cc (2) Eveq Railway Administration whose Railmay or rolling-stock is being inspected under this Act - shall afford all reasonable facilities for making the inspection to the officer making it. " `5E.` When, after inspecting any Railway or Governor portion of a Railway, or any rolling-stook used there- &. gzzi on, any officer appointed under section 5A reports to powcredto the Governor General in Council that in his opinion c* the use of the Eailway or portion or of any speoilied [Zba1lway. ] rolling-stock will be attended with danger to the public using it, the Governor General in Council may, by order, direct that the Railway or portion be closed for the public conveyance of passengers, or that the rolling-stock so specilied shall no longer be used, .as tllc case may be. ing I ' 28 Railways. [ACT `IV` i l ing sanctioned, in accordance with the provisions of section 5B. c c (2) When the Governor General in Council has directed under section 5E that any rolling-stock shall not be used, the rolling-stock shall not be used unless and until an officer appointed under section 5A reports that it is fit for use and the Governor General in Council sanctions its use. " `3.` I n section eight of the said Act, in clause (d), the word " and " shall be omitted, and after clause (d) the following clause shall be, and be deemed to have always been, inserted :- Ame of, ad n ameut `ad-` dition to, section 8. " (dd) f o ~ regulating the conduct of the Railwayservants, and ". tion 21 of Act IV of 1879. Pen?lty for " `21.` Any Railway Administration opening or Open'% Or using, in contravention of section five, section `5B,` or re-opening Railway i? section 6Cy any Railway, or any portion or extension * 7:~;:z; of, or addition to, a Railway, or keeping, in contra. ,a `5F,` and vention of an order of the Governor General in Counkeeping open cil under section 5E, any Railway or portion thereof after order under section open, or re-opening, in contravention of section `5F, 6E.` sub-section ( I ) , any Railway or portion thereof, or using, in contravention of section SF, sub-section (2), any rolling-stock, shall forfeit to Government the sum of one thousand rupees for every day duriug which the R.ailway, portion, extension or addition remains open or is used in contravention of any of those sections or of the order of the Governor General in Council, as the case may be, or during which the rolling-stock is so used."