(2) This Ordinance may be called the Indian Railways (Amendment) Ordinance, 1975.
(2) It shall come into force at once.
Short title and commencement.
2. During the period of operation of this Ordinance, the Indian Rail- -ways Act, 1890, shall have effect subject to the amendments specified in •section 3.
Act 9 of 1890 to be temporarilyamended.
(623) 624 T H E GAZETTE OF INDIA EXTRAORDINARY [PART II—
3. In the Indian Railways Act, 1&90, after section 56A, the following sections shall be inserted, namely: — f56B. (1) In this section and In sections 56C and 56D, unless the context otherwise requires,—
(a) "essential commodity" means essential commodity as defined in clause (a) of section 2 of the Essential Commodities Act, 1955;
(b) "State Government", in relation to a notified station, means the Government- of the State in which such station is situated or where such station is situated in a Union territory, the Administrator of that. Union territory appointed under article 239 of the Constitution;
(c) "notified station" means a station declared to be a notified station under sub-section' (2);
(d) "prescribed" means prescribed by rules made by the Central Government under section 56E;
(e) "termination of transit" means termination of transit determined in accordance with the provisions of clause (a) of sub-section (5) of section 77.
(2) The Central Government may, if satisfied that it is necessary that goods booked by trains intended solely for the carriage of goods to any railway station should be removed without delay from such railway station, declare, by notification in the Official Gazette, such railway station to be a notified station for such period as may be specified in the notification:
Provided that before declaring any railway station to be a notified station under this sub-section, the Central Government shall have regard to all or any of the following factors, namely: —
(a) the volume of traffic and the storage space available at such railway station;
(b) the nature and quantities o£ goods generally booked tosuch railway station;
(c) the scope for causing scarcity of such goods by not removing them for long periods from such railway station and thehardship which such scarcity may cause to the community;
(d) the number of wagons likely to be held up at such railway station if goods are not removed therefrom quickly and the need for quick movement and availability of such wagons;
(e) such other factors (being factors relevant from the point of view of the interest o£ the general public) as may be prescribed:
Provided further that the period specified in any notification issued under this sub-section in respect of any railway station shall not exceed six months in the first instance but such period may, by a like notification, be extended from time to time by a period not exceeding six months on each occasion, 10 of 1S5&Y Amendment of Act 9 of
1890.
Special provisions as to goods booked to notified stations.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 625
(3) If any person delivering to a railway administration any goods to be carried to a notified station makes an application in such form and manner as may be prescribed and specifies therein the address of the person to whom intimation of the arrival of the goods at the notified station shall be given and pays the postage fee required for giving such intimation, the railway administration shall, as soon as may be after the arrival of the goods at the notified station, send such intimation by registered post.
(4) There shall be exhibited at a conspicuous place in each notified station a statement in the prescribed form setting out the description of the goods which by reason of the fact that they have not been removed from the station within a period of seven days from the termination of transit thereof are liable to be sold, in accordance with the provisions of sub-section (1) of section 56C, by public auction and the dates on which they would be so sold:
Provided that different statements may be so exhibited in respect of goods proposed to be sold on different dates.
(5) If the goods specified in any statement prepared under subsection (4) include essential commodities, the officer preparing the statement shall, as soon as may be after the preparation of such statement, forward a copy thereof to—
(a) the representative of the Central Government, nominated by that Government in this behalf;
(b) the representative of the State Government, nominated by that Government in this behalf; and
(c) the district magistrate within the local limits of whose jurisdiction the railway station is situated.