REGISTERED No. D 221
The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 78] NEW DELHI, FRIDAY, DECEMBER 20,1968 AGRAHAYANA 29, 1890
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 20th December, 1968/Agrahayana 29, 1890 (Saka) The following Acts of Parliament received the assent of the President on the 20th December, 1968, and are hereby published for general information: —
THE INDIAN RAILWAYS (AMENDMENT) ACT, 1968
No. 52 OF 1968
[20th December, 1968] An Act further to amend the Indian Railways Act, 1890.
BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows: —
1. This Act may be called the Indian Railways (Amendment) Short title.
Act, 1968.
(755)
756 THE GAZETTE OF INDIA EXTRAORDINARY [PART II9 of 1890 2. In the Indian Railways Act, 1890 (hereinafter referred to as the principal Act), after section 100, the following sections shall be inserted, namely: —
Insertion of new sections 100A and 100B.
Abandon ing train, eU-.r without nuthorilv
"100A. II a railway servant, when on duty, is entrusted with any responsibility connected with the running of a train, rail- car or any other rolling-stock from one station or place to an- other station or place, and he abandons his duty before reach- ing such station or place, without authority or without pro- perly handing over such train, rail-car or rolling stock to an- other authorised railway servant, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred rupees, or with both.
Obstruct- ing run- ning of train cto.
100B. If a railway servant, when on duty or otherwise, or any other person obstructs or causes to be obstructed or attempts to obstruct any train, rail-car or other rolling-stock upon a rail- way, by squatting, picketing, keeping without authority any rolling-stock on the railway or tampering with signal gear or otherwise, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred rupees, or with both.".
3. In section 131 of the principal Act, in sub-section (/), for the figures "100, 101", the figures and letters "100, 100A, 100B, 101" shall bp substituted.
Amend- ment of section 131.
4. In section 148 of the principal Act, in sub-sections (/) and (2), for the figures "100, 101", the figures and letters "100, 100A, 100B, 101" shall be substituted.
Amend- ment of section 148.
10 o(lM8.
5. (1) The Indian Railways (Amendment) Ordinance, 1968, is
hereby repealed.
Rppca] and saving.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act, as if this Act had come into force on the 14th day of September, 1968.
Sue. 1] THE GAZETTE OF INDIA EXTRAORDINARY 757THE MADRAS STATE (ALTERATION Ol> NAME) ACT, 1968 No. 53 OF 1968
[20th December, 1968]
An Act to alter the name of the Stato of Madras
BE it enacted by Parliament in the Nineteenth Year o£ the
Republic of India as follows: —
1. (1) This Act may be called the Madras State (Alteration of
Name) Act, 1968.
(2) It shall come into force on such date as the Central Govern-
Short title and com- mence- ment.
ment may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires, -
Deflni -
(a) "appointed day" means the date appointed under sub-
section (2) of section 1 for the coming into force of this Act,
(b) "appropriate Government" means, as respects a law re- lating to a matter enumerated in List I in the Seventh Schedule to the Constitution, the Central Government, and as respects any other law, the State Government;
(c) "law" includes any enactment, Ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or any part of the State of Madras.
3. A3 from the appointed day, the State of Madi as shall toe known
as the State of Tamil Nadu.
Alteration Of name of State of Madras
Amend- ment of article 31A, 4. In sub-clause (a) of clause (2) of article 31A, in sub-clause (a) of clause (1) of article 168 and in article 290A of the Constitu- tion, for the word "Madras", the words "Tamil Nadu" shall be substituted.
article 168 and arti- cle 290A of the Consti- iution
5. (1) In the First Schedule to the Constitution, under the heading "I. THE STATES", for the figure and word "7. Madras", the figure and words "7. Tamil Nadu" shall bo substituted.
(2) In the Fourth Schedule to the Constitution, for the figure and word "8. Madras", the figure and words "8. Tamil Nadu" shall be substituted.
Amend- ment oC Fir"t and Fourth Schedules to the Consti- tution,
758 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. ]]Power to adapt lows.
6. (1) For the purpose of giving effect to the alteration of the name of the State of Madras by section 3, the appropriate Govern- ment may, before the expiration of one year from the appointed day, by order, make such adaptations and modifications of any law made before the appointed day, whether by way of repeal or amendment as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made.
(2) Nothing in sub-section (2) shall be deemed to prevent a com- petent Legislature or other competent authority from repealing or amending any law adapted or modified by the appropriate Govern- ment under the said sub-section.
Power to construe laws.
7. Notwithstanding that no provision or insufficient provision has been made under .section 6 for the adaptation of a law made before the appointed day, any court, tribunal or authority required oi em- powered to enforce such law may construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.
Legal pro ceedings.
8. Where immediately before the appointed day any legal pro- ceedings are pending to which the State of Madras is a party, the State of Tamil Nadu shall be deemed to be substituted for the State of Madras in those proceedings.
V. N. BHATIA,