Ministry of Railways
The Railway Property (Unlawful Possession) Act, 1966, was enacted to consolidate and amend the law relating to unlawful possession of railway property. This act aims to address the issue of theft, dishonest misappropriation, and unlawful possession of railway assets. While the Act does not specify a particular ministry, it falls under the purview of the Ministry of Railways in India.
Enactment Date, Number of Chapters, Number of Sections:
The Railway Property (Unlawful Possession) Act, 1966, was enacted on September 16, 1966. The Act is structured into 16 sections, without specific chapters. These sections cover various aspects of unlawful possession of railway property, including definitions, penalties, powers of arrest and search, and other related provisions.
Act Governed By:
The Act is primarily governed by the provisions outlined within its sections. It defines “railway property,” specifies offenses related to unlawful possession, and outlines the powers of the Railway Protection Force in investigating and prosecuting these offenses. The Act also addresses the role of courts in ordering forfeiture of property.
On Whom It Is Applicable:
The Railway Property (Unlawful Possession) Act, 1966, is applicable to all individuals and entities involved in the theft, dishonest misappropriation, or unlawful possession of railway property. This includes individuals, railway servants, and any other person who may be found in possession of railway property without lawful authority.
Penalties/Punishments:
The Act prescribes penalties for various violations, including:
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Imprisonment for a term which may extend to five years, or with fine, or with both for theft, dishonest misappropriation, or unlawful possession of railway property.
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Imprisonment for a term which may extend to five years and fine for second or subsequent offenses.
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Imprisonment for a term which may extend to five years or with fine or with both, for abetment, conspiracy or connivance at offences.
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Forfeiture of vehicles and other conveyances used in carrying stolen or unlawfully obtained railway property.
The Act also provides for the recovery of stolen property and the prosecution of offenders.
Important Pointers:
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The Act defines “railway property” broadly to include goods, money, securities, and animals belonging to or in the possession of a railway administration.
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It specifies offenses related to theft, dishonest misappropriation, and unlawful possession of railway property.
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The Act empowers superior officers and members of the Railway Protection Force to arrest and search without warrant in certain circumstances.
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It outlines the procedures for inquiry and disposal of arrested persons.
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The Act mandates the issuance of search warrants for the seizure of railway property.
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It ensures that the Act overrides other laws in case of any inconsistency.
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The Act also includes provisions for the forfeiture of vehicles and other conveyances used in the commission of offenses.
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The Act emphasizes the importance of protecting railway property and preventing theft and unlawful possession.
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The Act has been amended over time to adapt to changing needs and circumstances.
Act Copy: