REGISTERED No. D. 221 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 35] NEW DELHI, WEDNESDAY, SEPTEMBER 29, 1965/ASVINA 7, 1887 Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW (Legislative Department) New Delhi, the 29th September, 1965/Asvina 7, 1887 (Saka) THE RAILWAYS (EMPLOYMENT OF MEMBERS OF THE ARMED FORCES) ORDINANCE, 1965 No. 4 OF. 1965 Promulgated by the President in the Sixteenth Year of the Republic of India. An Ordinance to make certain provisions relating to the employment of members of the. Armed Forces of the Union in the working and management of railways. WHEREAS a Bill to make certain provisions relating to the employment of members of the Armed Forces of the Union in the working and management of railways has been introduced in Parliament but has not yet been passed; AND WHEREAS both Houses of Parliament are not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action to give effect to the provisions of the Bill; Nowj THEREFORE, in exercise of the powers conferred by clause (1.) of article 123 of the Constitution, the President is pleased to promul-
(521) THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] gate the following Ordinance : Short title, extent and commencement
1. (1) This Ordinance may be called the Railways (Employment oi Members of the Armed Forces) Ordinance, 1965.
(2) It extends to the whole of India.
(3) It shall come into force at once. Interpret tatlon.
2. Words and expressions used in this Ordinance and defined in the Indian Railways Act, 1890, shall have the meanings respectively assiened to them in that Act. 9 of 1800. Employment of member! of Armed Forces of the Union to assist a railway administration in connection with the service of a railway.
3. (1) When any member of the Armed Forces of the Union ia 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 Ordinance,—
(a) any provision of the Indian 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, in connection with the working, use, management and maintenance of railways, shall be construed as conferring1 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 oi the Union when so employed; 9 of 1890.
(6) the employment of a member of the Armed Forces oi 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 administration 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 Forces of the Union employed to assist a railway administration the provisions of Chapter VIA of the Indian 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. 9 of 1890. Employment of member! of Armed Forces of the Union to replace railway administration in working a railway.
4. 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 Indian Railways Act, 1890, shall cease to be applicable to the Railway or the portion or section of a Railway concerned. 9 Of 1690. S. RADHAKRISHNAN, President. R. C. S. SARKAR, Secy, to the Govt, of India. PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OP INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANA01IR OF PUBLICATIONS, DELHI 1965.