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RAILWAY PROTECTION FORCE ACT, 1957
(23 OF 1957)
[For Statement of Objects and Reasons, see Gaz. of India, 1956, Extra, Pt. II, Section 2, page 1028.]
[29th August, 1957]
1. Short title, extent and commencement
2. Definitions
3. Constitution of the force
4. Appointment and powers of superior officers
5. Classes and ranks among members of the Force
6. Appointment of members of the Force
7. Certificates to members of the Force
8. Superintendence and administration of the Force
9. Dismissal, removal, etc. of members of the Force
10. Officers and members of the Force to be deemed to be railway servants
11. Duties of members of the Force
12. Power to arrest without warrant
13. Power to search without warrant
14. Procedure to be followed after arrest
15. Officers and members of the force to be considered always on duty and liable to be employed in any part of the Railways
15A. Restrictions respecting right to form association, etc
16. Responsibilities of members of the Force during suspension
16A. Surrender of certificate, arms, etc., by persons ceasing to be members of the Force
17. Penalties for neglect of duty, etc
18. Application of Act XXII of 1922 to members of the force
19. Certain Acts not to apply to members of the Force
20. Protection of Acts of members of the Force
21. Power to make rules
[Substituted for the long title by Railway Protection Force (Amendment) Act (60 of 1985), S. 2 (20-9-85).] [An Act to provide for the constitution and regulation of an armed Force of the Union for the better protection and security of railway property and for matters connected therewith.]
PREAMBLE
BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:-
STATEMENT OF OBJECTS AND REASONS
"The Watch and Ward Department functioning on the Railways have hitherto been handicapped by lack of adequate powers and well-defined status as also of a proper sense of discipline to fulfil their primary functions of protecting railway property and of property entrusted to Railways for transport. The Railways have during these years incurred heavy losses on account of theft and pilferage of railway property and of payment of quite a large number of compensation claims preferred against them.
2. The proposed legislation is designed to bring about a radical change in the functioning of this Department, which is being redesignated as the Railway Protection Force, so as to achieve quick and effective results. It enables the personnel of the Force to be brought under a special set of disciplinary rules and confers on them under certain conditions powers of arrest and search without warrant. Moreover, the Railway Protection Force thus reorganised could provide in times of need suitable assistance to the Railway Police who are charged mainly with the responsibility for overall maintenance of law and order in railway premises". - Gazette of India, 1956, Extra, Pt. II, S. 2, page 1028.
Act 60 of 1985. -
The Railway Protection Force has been constituted under the Railway Protection Force Act, 1957 for ensuring better protection and security of railway property. This force has now been in existence for a period of about 28 years. During this period the sanctioned strength of the Force has considerably increased. The responsibilities of the Force have also grown in magnitude as well as in complexity.
2. The uninterrupted and secure movement of goods including essential commodities and passengers on the railways is of vital strategic importance. The railways not only play a very important and crucial role in the economic and industrial growth but also in the security and defence of the country. The Railway Protection Force Act, 1957 in its present form is considered inadequate to meet requirements of the Force in the present day context especially in view of the emerging responsibilities which Railway Protection Force now perform and which may devolve on it in the days to come. It is, therefore, proposed to amend the Railway Protection Force Act, 1957 as to make this Force an Armed Force of the Union and to make it a more efficient and effective instrument for discharging its responsibilities.
3. The following are the principal features of the Bill :-(a) Declaring the Railway Protection Force an Armed Force of the Union and consequential changes in the nomenclature of different ranks in the Force in consonance with its changed character as an Armed Force.
(b) Conferment of additional powers on the members of the Force such as to arrest without warrant, to restrain misbehaviour on the part of the members of the Force, to effectively intervene for preventing imminent danger to the life of a person concerned with carrying on the work of the railways for the better protection of the railway property.
(c) Restrictions have been proposed on the right to form association on the lines of similar restrictions in other Armed Forces of the Union (clause 13 of the Bill).
(d) Conferment of additional powers on the superior officers of the Force for enforcement of discipline, imposition of penalties for various offences, regulating procedure for Force custody.
4. This bill seeks to achieve the above objects.
- Gaz. of Ind., 22-8-85, Pt. II, S. 2, Ext., p. 90 (No. 48).
ACT HOW AFFECTED BY SUBSEQUENT LEGISLATION
- Extended by Regns. 12 of 1962; 6 of 1963; 7 of 1963; 60 of 1985.
COGNATE ACTS AND PROVISIONS
Central Industrial Security Force Act, 50 of 1968.
Railways Act 9 of 1890.
1. Short title, extent and commencement
(1) This Act may be called The Railway Protection Force Act, 1957.
(2) It extends [The Act has been extended to the Union territories of -
(i) Goa, Daman and Diu by Regn. 12 of 1962 (15-4-1964);
(ii) Dadra and Nagar Haveli by Regn. 6 of 1963 (1-7-1965);
(iii) Pondicherry by Regn. 7 of 1963 (1-10-1963).] to the whole of India.
(3) It shall come into force on such date [The Act came into force on 10-9-1959 - See Notification No. 58-Security/16/9D, dated 10-9-1959 published in Gazette of India, 10-9-1959, Pt. II, S. 1, Ext, page 291.] as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions
[S. 2 re-numbered as sub-section (1) and Cl. (b) of sub-section (1) so re-numbered substituted by Railway Protection Force (Amendment) Act, (60 of 1985), S. 3 (20-9-85).] [(1)] In this Act, unless the context otherwise requires, -(a) "Force" means the Railway Protection Force constituted under section 3;
[S. 2 re-numbered as sub-section (1) and Cl. (b) of sub-section (1) so re-numbered substituted by Railway Protection Force (Amendment) Act, (60 of 1985), S. 3 (20-9-85).] (b) "Director-General" means the Director-General of the Force appointed under sub-section (1) of section 4;
(ba) "enrolled member of the Force" means any subordinate officer, under officer or any other member of the Force of a rank lower than that of under officer;
(bb) "Force custody" means the arrest or confinement of a member of the Force in accordance with rules made under this Act;]
(c) "member of the Force" means a person appointed to the Force under this Act [Words "other than a superior officer" omitted, ibid.] [* *];
(d) "prescribed" means prescribed by rules made under this Act;
(e) "railway property" includes any goods, money or valuable security or animal, belonging to, or in the charge or possession of, a railway administration;
c [(ea) "subordinate officer" means a person appointed to the Force as an Inspector, a Sub-Inspector or an Assistant Sub-Inspector;';
(f) "superior officer" means any of the officers appointed under section 4 and includes any other officer appointed by the Central Government as a superior officer of the Force;
[Inserted, ibid.] [(fa) "under officer" means a person appointed to the Force as a Head Constable or Naik;]
(g) words and expressions used but not defined in this Act and defined in the Indian Railways Act, 1890 shall have the meanings respectively assigned to them under that Act.
[Inserted, ibid.] [(2) Any reference in this Act to a law which is not in force in any area shall in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.]
3. Constitution of the force
(1) There shall be constituted and maintained by the Central Government Tan armed [Force of the Union] [Substituted for the words "or Force" by Railway Protection Force (Amendment) Act (60 of 1985), S. 4(20-9-85).] to be called the Railway Protection Force for the better protection and security of railway property.
(2) The force shall be constituted in such manner shall consist of such number of [Substituted for the words "superior officers and members", ibid.] [superior officers [Substituted for the words "superior officers and members", ibid.] [subordinate officers, under officers and other enrolled members] of the Force and shall receive such pay and other renumeration as may be prescribed.
4. Appointment and powers of superior officers
[Substituted by Railway Protection Force (Amendment Act, (60 of 1985), S. 5 (20-9-85).] [(1) The Central Government may appoint a person to be the Director-General of the Force and may appoint other persons to be Inspector-General. Additional Inspectors-General, Deputy Inspector-General, Assistant Inspectors-General, Senior Commandants, Commandants or Assistant Commandants of the Force.]
(2) The [Substituted for the Words "Inspector-General", ibid.] [Director-General] and every other superior officer so appointed shall possess and exercise such powers and authority over the members of the Force under their respective commands as is provided by or under this Act.
5. Classes and ranks among members of the Force
[Omitted by Railway Protection Force (Amendment) Act (60 of 1985), S. 6 (20-9-85).
[Substituted by Railway Protection Force (Amendment) Act (60 of 1985), S. 7 (20-9-85).] [6. Appointment of members of the Force
The appointment of enrolled members of the Force shall rest with the Inspector-General, Additional Inspector-General or Deputy Inspector-General who shall exercise that power in accordance with rules made under this Act: Provided that the power of appointment under this section may also be exercised by other superior officer as the Inspector-General, Additional Inspector-General or Deputy Inspector-General concerned may, by order, specify in this behalf.]
7. Certificates to members of the Force
(1) Every member of the Force shall receive on his appointment a certificate in the form specified in the Schedule, under the seal of the [Substituted for the words "Chief Security Officer" by Railway Protection Force (Amendment) Act (60 of 1985), S. 8 (20-7-85).] [Inspector-General, Additional Inspector-General or Deputy Inspector-General] or such other superior officer as the [Substituted for the words "Chief Security Officer" by Railway Protection Force (Amendment) Act (60 of 1985), S. 8 (20-7-85).] [Inspector-General, Additional Inspector-General or Deputy Inspector-General] may specify in this behalf by virtue of which the person holding such certificate shall be vested with the powers of a member of the Force.
(2) Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a member of the Force [Substituted for the words "Chief Security Officer" by Railway Protection Force (Amendment) Act (60 of 1985), S. 8 (20-7-85).] [* * * *].
[b] Words "and on his ceasing to be a member of the Force shall be forthwith surrendered by him to any superior officer empowered to receive the same" omitted, ibid.
[Substituted by Railway Protection Force (Amendment) Act (60 of 1985), S. 9 (20-9-85).] [8. Superintendence and administration of the Force
(1) The superintendence of the Force shall vest in the Central Government, and subject thereto and to the provisions of this Act and of any rules made thereunder, the command supervision and administration of the Force shall vest in the Director-General.
(2) Subject to the provisions of sub-section (1), the administration of the Force, within such local limits in relation to a railway as may be prescribed shall be carried on by an Inspector-General, an Additional Inspector-General or a Deputy Inspector-General in accordance with the provisions of this Act and of any rules made thereunder and they shall, subject to any direction that may be given by the Central Government or the Director-General in this behalf discharge his functions under the general supervision of the General Manager of the Railway."
9. Dismissal, removal, etc. of members of the Force
(1) Subject to the provisions of Article 311 of the Constitution and to such rules as the Central Government may make under this Act, any superior officer may -(i) dismiss, suspend or reduce in rank any [Substituted for the word "member" by Railway Protection Force (Amendment) Act (60 of 1985), S. 10 (20-9-85).] [enrolled member] of the Force whom he shall think remiss or negligent in the discharge of his duty, or unfit for the same; or
(ii) award any one or more of the following punishments to any [Substituted for the word "member" by Railway Protection Force (Amendment) Act (60 of 1985), S. 10 (20-9-85).] [enrolled member] of the Force who discharges his duty in a careless or negligent manner, or who by any act of his own renders himself unfit for the discharge thereof, namely :-
(a) fine to any amount not exceeding seven days pay or reduction in pay scale;
(b) confinement to quarters for a period not exceeding fourteen days with or without punishment drill, extra guard, fatigue or other duty;
(c) removal from any office of distinction or deprivation of any special emolument.
[Substituted, ibid.] [(2) Any enrolled member of the force aggrieved by an order made under sub-section (1) may within thirty days from the date on which the order is communicated to him, prefer an appeal against the order to such authority as may be prescribed: Provided that the prescribed authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(3) In disposing of the appeal, the prescribed authority shall follow such procedure as may be prescribed :Provided that no order imposing an enhanced penalty under sub-section (2) shall be made unless a reasonable opportunity of being heard has been given to the person affected by such order.]
10. Officers and members of the Force to be deemed to be railway servants
[Substituted for the words "The Inspector-General and every other superior officer and every member of the Force" by Railway Protection Force (Amendment) Act (60 of 1985), S. 18 and Sch. (20-9-85).] [Director-General and every member of the Force] shall for all purposes be regarded as railway servants within the meaning of the Indian Railways Act, 1890, other than Chapter VI-A thereof, and shall be entitled to exercise the powers conferred on railway servants by or under that Act.
11. Duties of members of the Force
It shall be the duty of every superior officer and member of the Force -(a) promptly to execute all orders lawfully issued to him by his superior authority;
(b) to protect and safeguard railway property;
(c) to remove any obstruction in the movement of railway property; and
(d) to do any other act conductive to the better protection and security of railway property.
[Substituted by Railway Protection Force (Amendment) Act (60 of 1985), S. 11 (20-9-85).] [12. Power to arrest without warrant
Any member of the Force may, without an order from a Magistrate and without a warrant, arrest -(i) any person who voluntarily causes hurt to, or attempts voluntarily to cause hurt to, or wrongfully restrains or attempts wrongfully to restrain, or assaults, threatens to assault, or uses, or threatens or attempts to use, criminal force to him or any other member of the Force in the execution of his duty as such member, or with intent to prevent or to deter him from discharging his duty as such member, or in consequence of anything done or attempted to be done by him in the lawful discharge of his duty as such member; or
(ii) any person who has been concerned in, or against whom a reasonable suspicion exists of his having been concerned in, or who is found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing a cognizable offence which relates to railway property; or
(iii) any person found taking precautions to conceal his presence within the railway limits under circumstances which afford reason to believe that he is taking such precautions with a view to committing theft of, or damage to, railway property; or
(iv) any person who commits or attempts to commit a cognizable offence which involves or which is likely to involve imminent danger to the life of any person engaged in carrying on any work relating to railway property.]
13. Power to search without warrant
(1) Whenever [Words "any superior officer or" omitted by Railway Protection Force (Amendment) Act (60 of 1985), S. 18 and Sch. (20-9-85).] [* * *] any member of the Force, not below the rank of a Senior Rakshak, has reason to believe that any such offence as is referred to in section 12 has been or is being committed and that a search-warrant cannot be obtained without affording the offender an opportunity of escaping or of concealing evidence of the offence, he may detain him and search his person and belongings forthwith and if he thinks proper, arrest any person whom he has reason to believe to have committed the offence.
(2) The provisions of the [Substituted for the words "Code of Criminal Procedure, 1898", ibid.] [Code of Criminal Procedure, 1973], relating to searches under that Code shall, so far as may be, apply to searches under this section.
COMMENTS
The above procedure did not apply to searches conducted in the ordinary course of administrative security which was similar to the one exercised by private employers.
14. Procedure to be followed after arrest
Any [Words "superior officer or" omitted by Railway Protection Force (Amendment) Act (60 of 1985), S. 18 and Sch. (20-9-85).] [* * *] member of the Force making an arrest under this Act, shall, without unnecessary delay, make over the person so arrested to a police officer, or in the absence of a police officer, take such person or cause him to be taken to the nearest police station.
15. Officers and members of the force to be considered always on duty and liable to be employed in any part of the Railways
[Substituted by Railway Protection Force (Amendment) Act (60 of 1985), S. 12 (20-9-85).] [(1) Every member of the Force shall, for the purposes of this Act, be considered to be always on duty, and shall, at any time, be liable to be employed at any place within India.]
(2) No [Words "superior officer or" omitted, ibid.] [* * * *] member of the Force shall engage himself in any employment or office other than his duties under this Act.
[Inserted by Railway Protection Force (Amendment) Act (60 of 1985), S. 13 (20-9-85).] [15A. Restrictions respecting right to form association, etc
(1) No member of the Force shall, without the previous sanction in writing of the Central Government or of the prescribed authority, -(a) be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations; or
(b) be a member of, or be associated in any way with, any other society, institution, association or organisation that is not recognised as part of the Force or is not of a purely social, recreational or religious nature; or
(c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a
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