रजिस्ट्री सं ० डी० 221
REGISTERED No. D. 221
भारत का राजपत्र
The Gazette of India
EXTRAORDINARY
भाग II--लय 1
No
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 49]
नई दिल्ली , शनिवार, सितम्बर 15 , 1973/ भार 24, 1895
No. 49] NEW DELHI , SATURDAY , SEPTEMBER 15 , 1973 /BHADRA 24, 1895
इस भाग में भिम्त पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that It maybe filed a separate compilation.
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi , the 15th September , 1973 / Bhadra 24, 1895 ( Saka )
The following Acts of Parliament received the assent of the President on the 15th September , 1973, and are hereby published for general informa- tion: -
THE RESERVE BANK OF INDIA ( AMENDMENT) ACT, 1973
NO . 44 OF 1973
[15th September , 1973 ]
An Act further to amend the Reserve Bank of India Act , 1934 .
BE it enacted by Parliament in the Twenty- fourth Year of the Republic of India as follows: -
title.
1. This Act may be called the Reserve Bank of India (Amendment) Short Act, 1973.
2 of1934.
Amend- ment of section 17 .
2. In section 17 of the Reserve Bank of India Act , 1934 , after clause (13) , the following clause shall be , and shall be deemed always to have been, inserted, namely: -
" ( 13A ) participation in any arrangement for the clearing and settlement of any amounts due from, or to , any person or authority on account of the external trade of India with any other country or group of countries or of any remittances to , or from, that country or group of countries, including the advancing , or receiving , of any amount in any currency in connection therewith , and , for that pur- pose, becoming , with the approval of the Central Government , a
( 527 )
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member of any international or regional clearing union of central banks , monetary or other authorities , or being associated with any such clearing arrangements , or becoming a member of any body or association formed by central banks , monetary or other similar au- thorities , or being associated with the same in any manner; " .
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SEC. 11
THE INDIAN RAILWAYS ( AMENDMENT) ACT , 1973
NO . 45 OF 1973
[15th September , 1973 ]
An Act further to amend the Indian Railways Act , 1890
Be it enacted by Parliament in the Twenty - fourth Year of the Republic of India as follows:-
1. This Act may be called the Indian Railways (Amendment ) Act , Short 1973.
title.
9 of1890 , 2. ( 1) In section 47 of the Indian Railways Act, 1890 ( hereinafter Amend- referred to as the principal Act) ,-
ment of section (a) in sub - section ( 1) , after clause ( b ) , the following clause 47 . shall be inserted , namely :-
" ( bb) for the cancellation of tickets ( whether with reser- vation of accommodation or not) , the circumstances under which , and the time - limit within which , such cancellation may be allowed and the charges payable therefor; " ;
(b ) in sub - section ( 2 ) , for the words " fifty rupees " , the words " one hundred and fifty rupees" shall be substituted .
(2) All charges levied and collected , or purported to have been levied and collected under the principal Act for cancellation of tickets ( whether with reservation of accommodation or not) at any time before the com- mencement of this Act , shall be deemed to have been validly levied and collected in accordance with law and accordingly no suit or other pro- ceeding shall be maintained in any court for the refund of any such charges.
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3. In section 82C of the principal Act,-
Amend- ment of section 82C .
(a) in sub - section ( 1) , for the words " may be made" , the words "may be made to the Claims Commissioner " shall be substituted;
(b ) after sub - section ( 2 ) , the following sub - section shall be inserted , namely:-
" ( 2A ) If an applicant desires to be paid interim relief under section 82HH , he may send to the railway administration a copy of the application made under sub - section ( 1 ) with a request for payment of such interim relief ." ;
(c) in the Explanation , after the words " In this section " , the words, figures and letters " and section 82HH" shall be inserted .
4. In section 82E of the principal Act , in the proviso to sub - section (1 ) ,-
Amend. ment of section 82E .
(a) in clause (ii ) , the word " and" shall be omitted ;
(b) for clause ( iii ) , the following clauses shall be substituted, namely:-
" ( iii ) the payment by way of interim relief, if any , made to the applicant by the railway administration under section 82HH in not adequate; and
(iv) the amount of compensation directed to be paid under this section together with the payment by way of interim relief, if any, made under section 82HH is not likely to exceed the actual amount of compensation that may ultimately become payable." .
5. After section 82H of the principal Act , the following section shall be inserted , namely:-
Insertion of new section 82HH .
Interim reliefby railway adminis- tration,
" 82HH . ( 1 ) Where on receipt of an application under sub - section (2A ) of section 82C and after making such enquiry as it may deem fit , the railway administration is satisfled that circumstances exist which require relief to be afforded to an applicant for compensation immediately , it may, pending determination of the actual amount of compensation payable under section 82A , pay to any person who has sustained injury or suffered any loss , or where death has resulted from the accident , to any dependent of the deceased , such sum as it considers reasonable for affording such relief, so however , that the sum paid shall not exceed the amount of compensation payable at the rates prescribed under the rules made under section 82J .
(2 ) The railway administration shall , as soon as may be , after making an order regarding payment of interim relief under sub - sec- tion ( 1 ) , send a copy thereof to the Claims Commissioner .
(3 ) Any sum paid by the railway administration under sub- section ( 1 ) shall be taken into account by the Claims Commissioner while determining the amount of compensation payable. ".
6. In section 821 of the principal Act , for the figures and letter " 82H" , the figures and letters " 82HH " shall be substituted,
Amend- ment of section 821, THE GAZETTE OF INDIA EXTRAORDINARY
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7. In section 108 of the principal Act, the following proviso shall be inserted at the end , namely: ---
Amend- ment of section 108.
"Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court , where a passenger, without reasonable and sufficient cause , makes use of the alarm chain provided by a railway administration , he shall be punished-
(a) in the case of conviction for the first offence , with fine which shall not be less than twenty - five rupees ; and
(b) in the case of conviction for the second or subsequent offence , with imprisonment for a term which shall not be less than one month . " .
8. In section 118 of the principal Act,-
Amend- ment of section 118, (a) in sub -section ( 1) , for the words " with fine which may extend to twenty rupees " , the words " with imprisonment for a term which may extend to one month , or with fine which may extend to fifty rupees , or with both " shall be substituted;
(b) in sub - section (2 , ) for the words " with fine which may ex- tend to fifty rupees " , the words " with imprisonment for a term which may extend to three months , or with fine which may extend to one hundred and fifty rupees , or with both " shall be substituted.
9. In section 120A of the principal Act ,-
(a) in sub - section ( 1) , the following proviso shall be inserted at the end , namely : -
Amend- ment of section 120A.
"Provided that in the absence of special and adequate rea- sons to the contrary to be mentioned in the judgment of the court, such fine shall be not less than fifty rupees ." ;
(b) after sub - section ( 1 ) , the following sub -section shall be inserted , namely: -
" ( 1A) If any person convicted of an offence under sub - sec- tion (1) commits a like offence afterwards, he shall be punished with imprisonment for a term which may extend to six months , or with fine which may extend to two hundred and fifty rupees , or with both . " ;
(c) in sub -section ( 2 ) , after the word , brackets and figure " sub- section ( 1) " , the words , brackets , figure and letter "or sub - section ( 1A) " shall be inserted .
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10. In section 122 of the principal Act,-
Amend- ment of section 122.
(a) in sub - section ( 1 ) , for the words " with fine which may extend to twenty rupees " , the words "with imprisonment for a term which may extend to one month , or with fine which may extend to fifty rupees , or with both " shall be . substituted ;
(b) in sub - section ( 2 ) , for the words " with fine which may ex- tend to fifty rupees " , the words " with imprisonment for a term which may extend to three months , or with fine which may extend to one hundred and fifty rupees , or with both " shall be substituted.
11. Section 126 of the principal Act shall be re -numbered as sub- section ( 1 ) thereof , and--
Amend- ment of section 126,
(a) in sub - section ( 1 ) as so re- numbered, for the words " If a person unlawfully- " , the words , brackets and figure " Subject to the provisions of sub - section (2 ) , if a person unlawfully-" shall be substituted;
(b ) after sub - section ( 1) as so re - numbered, the following sub . section shall be inserted , namely : -
" (2) If a person unlawfully does any act or thing referred to in clause ( a) or clause (b ) or clause ( c) or clause ( d) or clause ( e) of sub -section ( 1) ,—
(i) with intent to cause the death of any person and the doing of such act or thing causes the death of any person; or
(ii ) with knowledge that such act or thing is so immi- nently dangerous that it must in all probability cause the death of any person or such bodily injury to any person as is likely to cause the death of such person ,
he shall be punished with death or imprisonment for life. " .
12. After section 126 of the principal Act, the following section shall be inserted , namely:-
Insertion of new section 126A .
Damage to, or destruc- tion of certain railway properties .
"126A . ( 1 ) Whoever, with intent to cause or knowing that he is likely to cause damage or destruction to any of the properties of a railway referred to in sub - sectiorl (2 ) causes by fire , explosive sub- stance or otherwise , damage to such property to the amount of one hundred rupees or upwards , or destruction of such property , shall be punished with imprisonment for a term which may extend to ten years .
(2 ) The properties of a railway referred to in sub - section ( 1 ) are railway track , bridges , station buildings and installations , car- riages or wagons , locomotives , signalling , telecommunication , electric traction and block equipments and such other properties as the Central Government , being of opinion that damage thereto or des- truction thereof is likely to endanger the operation of a railway, may , by notification in the Official Gazette , specify .
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(3 ) Every notification issued under sub-section (2) shall be laid before each House of Parliament immediately after it is made if it is in session and on the first day of the commencement of the next session of the House if it is not in session , and shall cease to operate at the expiration of forty days from the date of its being so laid or from the re- assembly of Parliament , as the case may be, unless before the expiration of that period a resolution approving the issue of the notification is passed by both Houses of Parliament .
Explanation . Where the Houses of Parliament are summoned to re- assemble on different dates , the period of forty days shall be reckoned from the later of those dates ." .
13. In section 131 of the principal Act, in sub- section (1 ) , after the Amend- figures " 126" , the figures and letter " 126A, " shall be inserted .
ment of section 131.
K. K. SUNDARAM , Secy , to the Govt . of India .
PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELFL, 1973