Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com RAILWAYS (EMPLOYMENT OF MEMBERS OF THE ARMED FORCES) ACT, 1965 40 of 1965 [3rd December, 1965] CONTENTS 1. Short title and extent 2. Interpretation 3. Employment of members of Armed Forces of the Union to assist a railway administration in connection with the service of a railway 4. Employment of members of Armed Forces of the Union to replace railway administration in working of a railway 5. Repeal and saving RAILWAYS (EMPLOYMENT OF MEMBERS OF THE ARMED FORCES) ACT, 1965 40 of 1965 [3rd December, 1965] STATEMENT OF OBJECTS AND REASONS "In an emergency, occasions may arise when members of the Armed Forces have to be employed to assist the Railway Admistration in manning the Railways. The personnel so employed do not however, tall Within the definition of Railway servants under Railways Act, 1890, even while actually working on Railways. It is, therefore necessary to confer upon the members of the Armed Forces so employed the same powers, status and immunities and impose upon them the same lialibities, as are applicable to railway servants under Railways Act, 1890. Some- times even the whole of the working, management and maintenance of a Railway or specific portion or section of it may have to be assumed exclusively by the Armed Forces During the period ot such assumption Railways Act, 1890, should not apply in respect or Railway or portion or section of the Railways so taker, over. The Bill which closely follows the provisions contained in Ordinance 53 of 1942 (since repealed by Act 2 of 1948) seek to achieve the above objects. -CM. of Ind. 24-9-1965 Pt. II. S. 2, Exbra page 989. 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 :- Word and expressions used in tffis Act and defined in the Railways Act, 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) Whom 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 Railways Act, 1890 or of the rules made thereunder which confers a power, status or immunity, or imposes a duty or liability, upon a railway servant inconnec- tion 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 adminitration 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 Force of the Union employed to assist a railway adminitration the provisions of Chapter Vl-A of the Railways Act, 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 of 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 Railway Act, 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, 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.