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Section 3 of The Railways (Employment of Members of the Armed Forces) Act, 1965

(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,--
1. (a)any provision of the Indian Railways Act, 1890(9 of 1890), or of the rules made thereunder, which confers a power, status or immunity, or imposes a duty or liability, upon a railway servant, in connection with the working, use, management and maintenance 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;
2. (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 railway administration had such member been a railway servant.
(2)Nothing in sub-section (1) shall be construed as making applicable to the members of the Armed Forces of the Union employed to assist a railway administration the provisions of Chapter VIA of the Indian Railways Act, 1890(9 of 1890), or as derogating from any provision of a law regulating the governance, control and discipline of the members of the Armed Forces of the Union.

Summary

This section handles what happens when military members assist a railway administration.
It applies to any such assistance given either before or after this Act became law.
Military helpers get the same powers, status, and immunities (legal protections) as regular railway servants.
They also assume the same duties and liabilities (legal responsibilities) as regular railway servants.
The railway administration remains legally responsible for these military helpers as if they were civilian workers.
This section does not apply Chapter VIA of the Indian Railways Act, 1890 (which deals with hours of employment) to the military, and does not reduce military disciplinary laws.

Practical examples

1Captain Arjun is assigned to help direct trains at a station on November 12, 1965. Even though this was before the Act became law, Section 3 ensures his actions are covered under this rule.

2Havildar Suresh is helping maintain a railway track. While working, he is accused of negligence. Under Section 3, the railway administration faces the same legal liabilities as if Suresh were a normal civilian railway employee, but Suresh is still disciplined under army rules.

FAQ

1. What powers and responsibilities do military members get when assisting the railway?

They get the exact same powers, status, immunities (legal protections), duties, and liabilities (legal responsibilities) as regular railway servants.

2. Is the railway administration liable if an assisting military member makes a mistake?

Yes, the railway administration is held liable just as if the military member were a regular railway servant.

3. Does Chapter VIA of the Indian Railways Act, 1890 apply to military helpers?

No, Chapter VIA does not apply to assisting military members.

Test yourself

Q1.Does Section 3 cover military help given before the commencement of this Act?

Q2.Under Section 3, what legal standing does an assisting military member receive?

Q3.If a military member replaces a railway servant, what happens to the railway administration's liability?

Q4.Which specific chapter of the Indian Railways Act, 1890 is not applicable to military helpers under Section 3?

Q5.What happens to military discipline and governance laws when a soldier assists the railway?

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Central

Section 3 of The Railways (Employment of Members of the Armed Forces) Act, 1965

(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,--
1. (a)any provision of the Indian Railways Act, 1890(9 of 1890), or of the rules made thereunder, which confers a power, status or immunity, or imposes a duty or liability, upon a railway servant, in connection with the working, use, management and maintenance 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;
2. (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 railway administration had such member been a railway servant.
(2)Nothing in sub-section (1) shall be construed as making applicable to the members of the Armed Forces of the Union employed to assist a railway administration the provisions of Chapter VIA of the Indian Railways Act, 1890(9 of 1890), or as derogating from any provision of a law regulating the governance, control and discipline of the members of the Armed Forces of the Union.

Summary

This section handles what happens when military members assist a railway administration.
It applies to any such assistance given either before or after this Act became law.
Military helpers get the same powers, status, and immunities (legal protections) as regular railway servants.
They also assume the same duties and liabilities (legal responsibilities) as regular railway servants.
The railway administration remains legally responsible for these military helpers as if they were civilian workers.
This section does not apply Chapter VIA of the Indian Railways Act, 1890 (which deals with hours of employment) to the military, and does not reduce military disciplinary laws.

Practical examples

1Captain Arjun is assigned to help direct trains at a station on November 12, 1965. Even though this was before the Act became law, Section 3 ensures his actions are covered under this rule.

FAQ

1. What powers and responsibilities do military members get when assisting the railway?

They get the exact same powers, status, immunities (legal protections), duties, and liabilities (legal responsibilities) as regular railway servants.

2. Is the railway administration liable if an assisting military member makes a mistake?

Yes, the railway administration is held liable just as if the military member were a regular railway servant.

3. Does Chapter VIA of the Indian Railways Act, 1890 apply to military helpers?

No, Chapter VIA does not apply to assisting military members.

Test yourself

Q1.Does Section 3 cover military help given before the commencement of this Act?

Q2.Under Section 3, what legal standing does an assisting military member receive?

Q3.If a military member replaces a railway servant, what happens to the railway administration's liability?

Q4.Which specific chapter of the Indian Railways Act, 1890 is not applicable to military helpers under Section 3?

Q5.What happens to military discipline and governance laws when a soldier assists the railway?

2PreviousSection 2 Interpretation.4NextSection 4 Employment of members of Armed Forces of the Union to replace railway administration in working a railway.