A MNE*URE ~ T «" ^t- TJ^f?—(XT5)04/0O()7/2()03—05 KECISTKRKD NO. 1)1—(M)04/0007/2W)3—OS ttfec ©alette of «3ndia EXTRAORDINARY MF! I I— TsPTS | PARI II — Section I PUBLISH!-!) BY AUTHORITY ^ fterft, ^ r ^ m , ftrcrran: 16, 2005 / '•ire 25, 1927 ISKW DELHI, FRIDAY, SEPTEMBER 16,2(M)5 / MHADRA 25,1927 Stpinlr paging is Riven to this Part in ordrr that il may be filed as i irparilt compilation.
MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the I 6lh September. 2()05/l)hiiJni25, 1927 (Snk,i) The following Act of Parliament received the assent of the I'rcsidcnt on C 15th September, 2005, and is hereby published for general information:
TI IE RAILWAYS (AMI-NI)Ml:.NT) ACT. 2005 No. 47 or 2005 [\\thSeptember, 2005.]
An Act further to amend the Railways Act. 1989.
lit it enacted by Parliament in the I'ifty-sixth Year of the Republic of India as "tnvs:- P)-(/)This Act may be called the Railways (Amendment) Act, 2005. Short ntlc imd commcnccmcnl
(2) It shall come into force on such date as the Central Government may, by notification ^Official Gazette, appoint.
| 2 . In section 2 of the Railways Act, 19S9 (hereinafter referred to as the principal Act),
(a) after clause (/), the following clause shall be inserted, namely:
'(//t) "Authority" means the Rail Land Development Auihorily constituted under section 4A;';
{b) after clause (32), the following clause shall be inserted, namely:- '(32A) "railway land" means any land in which a Government railway has any right, title or interest;'
Amendment nf scclion 2 I THI- GA/J- ' ITI- (")I- INDIA EXTRAORDINARY | PART U— ]„•.£'' nc" JtA ,in of hapicr I.ami ' | ; tv{ l«rm c i 1 1 Onipiui l i i in i,f Authority.
Terms lind conditions of appointment of Mice-Chairman inj nlhcr Mem here funciions of Authonn Esv>cri nf Authority in enicr into B«eaieitt> " id csctnic eoniricis procedure of >!'»nsaclion of business of ^Authority.
3. After Chapter II ofthe principal Act, the following Chapter shall he inserted, namely:— "CHAITF.R IIA RAIL LAND DI:VI: IOPMIST A U I I I O R I I Y
4A. The Central Government may, by notification, establish an authority to be called the Kail Land Development Authority to exercise the powers and discharge the functions conferred on it by or under this Act.
413: (/) The Authority shall consist of a Chairman, Vice-Chairman and not more than four other members.
(2) The Member Engineering, Railway Hoard shall be the Chairman, ex officio, of the Authority.
(3) The Vice-Chairman and three other members shall be appointed by the Central Government from amongst persons who are or have been working in the Civi l Lnginecring, Finance and Traffic disciplines of any railway administration and having adequate experience in the relevant discipline as the Central Government may consider necessary.
(•/) The Central Government shall also appoint a member who shall be a person from outside the railway administration and having adequate experience in such field as it may consider necessary.
4C. The terms and conditions of appointment of the Vice-Chairman and the other Members ofthe Authority, other than the Chairman, and the manner of fi l l ing casual vacancies among them shall be such as may be prescribed.
4D. { / ) The Authority shall discharge such functions and exercise such powers ofthe Central Government in relation to the development o f railway land and as arc specifically assigned to it by the Central Government.
(2) In particular, and without prejudice to the generality ofthe foregoing power, the Central Government may assign to the Authority all or any ofthe following functions, namely: - (/) to prepare scheme or schemes for use of railway land in conformity with the provisions of this Act;
(//) to develop railway land for commercial use as may be entrusted by the Central Government for the purpose of generating revenue by non-tariff measures;
(Hi) to develop and provide consultancy, construction or management services and undertake operation in India in relation to the development of land and property;
(iv) to carry out any other work or function as may be entrusted to it by the Central Government, by order in writing.
4H. Subject to such directions as may be given to it by the Central Government, the Authority shall be empowered to enter into agreements on behalf of the Central Government and execute contracts
4F. The Authority shall have power to regulate, by means of regulations made by it, its own procedure (including quorum at its meetings) and the conduct of all business lo be transacted by it, the constitution of Committees and Sub-Committees of Members and the delegation to them any ofthe powers (excluding the power to make regulations under this Chapter) and to perform duties ofthe Authority.
2 S H ; I ] TI in GAzrnTK OF INDIA I:X I KAORDINARY
4G. (I) For the purpose ofcnabling it efllcienlly to discharge its functions under Appomimcni this Act, the Central Government shall provide the Authority with such officers and c( officers other emplovecs, and the Authority shall, subject to the rules as may be made by the , , Central Government in this behalf, appoint, whether on deputation or otherwise, such Authority number of officers and other employees as it may deem necessary.
(2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose'of the Authority, shall be such as may be prescribed
411. The salaries and allowances payable to the Vice-Chairman and other Members Salaries.
of the Authority and the administrative expenses including the salaries, allowances »How»nces, and pensions payable to the officers and other employees of the Authority shall be jcf',>cj o u !
defrayed out of the Consolidated Fund of India. „f Consolidated Fund of India 4-1. (I j The Authority may, with the previous approval of the Central Government, Power of make regulations, consistent with this Act and the rules made thereunder, for carrying Authwiiy to out the provisions of this Chanter. , .
' regulations 12) Kvcry regulation made by the Authority under this Chapter shall be laid, as soon as may be after it is made, before each I louse of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation,".
4. In section 11 of the principal Act, after clause (it), the following clause shall be Amendment wnserted, namely: of section 11 "(da) developing any railway land for commercial use;".
T.K.V1SWANATHAN, Secy taihcdovl. of India PRINTED IIY rut- V H N A G I p.. O O V I K N M I VI <>V INDIA CRI-SS. M I N I O K O \ [ > , NFW DM HI AND (Ti l l ISItrP ilV III! C ' lMROIt l -R Of Pntl.lCAIIO.NS. HI | III, }(X)\ MGIPMRND—3068GI(S-1>—16-09-2005 3