Central

Section 4 of The Railways (Employment of Members of the Armed Forces) Act, 1965

If at any time the whole of the working, management and maintenance of a railway, or of a specific portion or section of a railway, is assumed by the Armed Forces of the Union, the Central Government may notify the fact of such assumption in the Official Gazette, and thereupon, so long as such assumption continues, the Indian Railways Act, 1890(9 of 1890), shall cease to be applicable to the Railway or the portion or section of the Railway concerned.

Summary

This section applies when the Armed Forces assume (take over) the whole working, management, and maintenance of a railway.
It can also apply when they take over a specific portion or section of a railway.
The Central Government may notify this takeover in the Official Gazette (the government's official public journal).
Once notified, the Indian Railways Act, 1890 stops being applicable to that railway or section.
This suspension of the 1890 Act continues for as long as the military's takeover continues.

Practical examples

1During an emergency in Punjab, the Central Government decides the army must fully run the northern railway line on April 5, 1966. They publish a notice in the Official Gazette, and the normal civilian 1890 Railway Act immediately stops applying to that line.

2Major General Roy takes complete control of the railway section near Amritsar. The government officially notifies this. Now, the regular civilian railway rules are suspended for this specific track.

FAQ

1. What must happen before the Indian Railways Act, 1890 stops applying to a military-run railway?

The Central Government must notify the fact of the military takeover in the Official Gazette.

2. Can the military take over just a part of a railway under Section 4?

Yes, they can assume control of either the whole railway or a specific portion or section of it.

3. For how long does the Indian Railways Act, 1890 cease to apply to the railway?

It stops applying for as long as the military takeover continues.

Test yourself

Q1.What action must the Central Government take to suspend the 1890 Act for a military-run railway?

Q2.What part of a railway can the Armed Forces assume control over to trigger Section 4?

Q3.Which law stops applying once the military takeover of a railway is officially notified?

Q4.How long does the Indian Railways Act, 1890 remain inapplicable to the taken-over railway?

Q5.What elements of the railway must the Armed Forces assume for Section 4 to apply?

3PreviousSection 3 Employment of members of Armed Forces of the Union to assist a railway administration in connection with the service of a railway.5NextSection 5 Repeal and saving.

←Section 3 Section 5→

Central

Section 4 of The Railways (Employment of Members of the Armed Forces) Act, 1965

Summary

This section applies when the Armed Forces assume (take over) the whole working, management, and maintenance of a railway.
It can also apply when they take over a specific portion or section of a railway.
The Central Government may notify this takeover in the Official Gazette (the government's official public journal).
Once notified, the Indian Railways Act, 1890 stops being applicable to that railway or section.
This suspension of the 1890 Act continues for as long as the military's takeover continues.

Practical examples

2Major General Roy takes complete control of the railway section near Amritsar. The government officially notifies this. Now, the regular civilian railway rules are suspended for this specific track.

FAQ

1. What must happen before the Indian Railways Act, 1890 stops applying to a military-run railway?

The Central Government must notify the fact of the military takeover in the Official Gazette.

2. Can the military take over just a part of a railway under Section 4?

Yes, they can assume control of either the whole railway or a specific portion or section of it.

3. For how long does the Indian Railways Act, 1890 cease to apply to the railway?

It stops applying for as long as the military takeover continues.

Test yourself

Q1.What action must the Central Government take to suspend the 1890 Act for a military-run railway?

Q2.What part of a railway can the Armed Forces assume control over to trigger Section 4?

Q3.Which law stops applying once the military takeover of a railway is officially notified?

Q4.How long does the Indian Railways Act, 1890 remain inapplicable to the taken-over railway?

Q5.What elements of the railway must the Armed Forces assume for Section 4 to apply?

3PreviousSection 3 Employment of members of Armed Forces of the Union to assist a railway administration in connection with the service of a railway.5NextSection 5 Repeal and saving.