The Railway Property (Unlawful Possession) Act has been incorporated on 16th September, 1966. This Act has been established inorder to Consolidate and amend the law relating to lawful possession of railway.
In case if anybody seems to be suspected in possession of railways for long time or unlawfully possessing such property of railways, etc, shall be penalized according to the depth of the Offence and number of times he was found to do the same mistakes. He shall be punished with imprisonment with or without fine as it may be deems fit.
In case of any occupier occupies railway land or building or any agent through which any occupier shall occupy such land or building with illegal connives by committing such offence in violation to any provisions of this Act shall be penalized with imprisonment with or without fine as it may deems fit. No Offence shall be cognizable beyond the Code of Criminal Procedure, 1898 in this Act.
In case if any person found to be in unlawful possession or under suspicion arrested without warrant by the Special Officer or any such Officer who is appointed for the prevention of such illegal possession of land or buildings that belongs to railways in force without getting prior sanction of arrest warrant shall not be in any case a crime or violation to any of the provision under this Act. In case of any arrest made by any Officers who are not in force to protect such illegal possession should immediately forward the matter to the Officers who are in force.
Any person arrested by the Officers in force for any offence committed against any provisions under this Act shall be put for inquiry subject to the Code of Criminal Procedure. In case if such person upon proper investigation and evidence proved to be guilt of such offence committed against the provisions of this Act, such person shall be produced before the Magistrate and he shall be admitted to apply for bail before the Magistrate. In case if such person upon proper examinations and material particulars found such person is not guilt for any offence in violation of any provisions under this Act shall be released after he was produced before the Magistrate and execute bond with or without such sureties.
In case if the Court or the proceeding authority requires him to produce certain documentary or oral materials or such other particulars that are necessary to resolve the dispute, such person is bound to produce by directly appearing on summons or through appointing an agent to produce all the necessary particulars. There shall be certain exemption in appearing before the Court in the provisions of the Code of Civil Procedure, 1908 and the judicial proceedings shall be subject to the provisions under the Indian Penal Code, 1860.
In case if any person who is suspected for unlawful possession of a land or building of railways, the Officers in force shall by application gets a search warrant and such warrant gives power to the Officers to search, investigate and seize if there is any materials and documents that are necessary as instructed in such search warrant by the Magistrate who has jurisdiction to entertain such matters. All these judicial proceedings of search, arrest and execution takes place in pursuance to the Code of Criminal Procedure, 1898. In case if anybody or person or even any Officers not in force found such suspected person possessing the land or building of railway property either unlawfully or stolen or in any other illegal mode should inform and assist the Special Officer o such Officers who are in force to take legal action against such Offender.
Any Court that tries the case of such illegal possession of the railway land or building or any other property, shall Order to forfeit any such property of such Offender during search or after his arrest and execution taken place. This Act contains no provisions being inconsistent to any other laws in force for the time being.
In case of Repealing clause is concerned, The Railways Stores (Unlawful Possession) Act, 1955 is hereby repealed. No Offence that are punishable shall be repealed, as they are tried and investigated as if this Act has not been enforced. Nothing shall affect the General Provisions of the General Clauses Act, 1897 with regard to repeal. This Act has been amended in pursuance to the necessity to prevent such illegal possession of railway property.
by C.Srivenkatesh Prabhu.