रजिस्ट्री सं० डी. 221
REGISTERED No. D. 221
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II- खण्ड-1
PART I - Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली , शनिवार , विसम्बर 4, 1965 / प्रप्रहायण 13 , 1887 NEW DELHI , SATURDAY , DECEMBER 4 , 1965 / AGRAHAYANA 13 , 1887 सं० 45 ] No. 45 ]
इस भाग में भिन्न पृष्ठ संख्या वी जाती है जिससे कि यह अलग संकलम के रूप में रखा जा सके ।
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 4th December , 1965 / Agrahayana 13 , 1887 ( Saka)
The following Acts of Parliament received the assent of the President on the 3rd December , 1965 , and are hereby published for general information : -
THE INDIAN WORKS OF DEFENCE ( AMENDMENT )
ACT , 1965
No. 39 OF 1965
[3rd December , 1965 ]
An Act further to amend the Indian Works of Defence Act , 1903 . BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows: -
1. This Act may be called the Indian Works of Defence Short (Amendment ) Act , 1965 . title.
2. In the Indian Works of Defence Act , 1903 ,-
(i ) for sub - section ( 2 ) of section 1 , the following sub - sec- tion shall be substituted , namely : ---
Amend . ment of Act 7 of 1903 .
" ( 2 ) It extends to the whole of India . " ;
(581) THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 582
(ii) in Part I, after section 2 , the following section shall be inserted , namely: -
" 2A . Any reference in this Act to any law which is not in force in any area or any reference therein to any func- tionary not in existence in any area shall , in relation to that area , be construed as a reference to the corresponding law , if any , in force , or to the corresponding functionary , if any , in existence , in that area ." .
Construc- tion of references to laws not in force, or any func- tionary not in existence, in any area .
THE RAILWAYS ( EMPLOYMENT OF MEMBERS OF THE ARMED FORCES ) ACT , 1965
No. 40 OF 1965
[3rd December , 1965 ]
An Act to make certain provisions relating to the employment of members of the Armed Forces of the Union in the work- ing and management of railways .
BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows : -
1. ( 1 ) This Act may be called the Railways ( Employment of Members of the Armed Forces ) Act , 1965.
Short title and extent.
(2 ) It extends to the whole of India .
9 of 1890 .
Interpre- tation.
2. Words and expressions used in this Act and defined in the Indian Railways Act , 1890 , shall have the meanings respectively as- signed to them in that Act .
3. ( 1 ) When 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 ,-
9 of 1890 Employ- ment of members of Armed Forces of the Union to assist a railway adminis- tration in connection with the service of a railway
( a) any provision of the Indian Railways Act , 1890 , or of the rules made thereunder , which confers a power , status or im- munity , or imposes a duty or liability , upon a railway servant , in connection with the working , use , management and mainten- ance 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;
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 1 ]
583
(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 rail- way administration had such member been a railway servant .
9 of 1890 .
of (2) Nothing in sub - section ( 1 ) shall be construed as making applicable to the members of the Armed Forces of the Union em- ployed to assist a railway administration the provisions Chapter VIA of the Indian Railways Act , 1890 , or as derogating from any provision of a law regulating the governance , control and disci- pline of the members of the Armed Forces of the Union .
9 of 1890 .
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 Rail- way or the portion or section of the Railway concerned .
Employ- ment of of Armed Forces of the Union to members replace railway adminis- tration in work- ing a railway .
Repeal and saving.
4 of1965 .
5. ( 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 .
R. C. S. SARKAR , Secy . to the Govt . of India .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS ,
DELHI , 1965.