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Title: Railway Property (Unlawful Possession) Act, 1966
State: Central
Year: 1966
Preamble1 - RAILWAY PROPERTY (UNLAWFUL POSSESSION) ACT, 1966 Section1 - Short title, extent and commencement Section2 - Definition Section3 - Penalty for unlawful possession of railway property Section4 - Punishment for connivance at offences Section5 - Offences under the Act not to be cognizable Section6 - Power to arrest without warrant Section7 - Disposal of persons arrested Section8 - Inquiry how to be made against arrested persons Section9 - Power to summon persons to give evidence and produce documents Section10 - Issue of search warrant Section11 - Searches and arrests how to be made Section12 - Officers required to assist Section13 - Power of courts to order forfeiture of vehicles, etc. Section14 - Act to override other laws Section15 - Construction of references to laws not in force in Jammu and Kashmir Section16 - Repeal and savings
List Judgments citing this sectionRailway Property (Unlawful Possession) Act, 1966 Preamble 1
Title: Railway Property (Unlawful Possession) Act, 1966
State: Central
Year: 1966
THE RAILWAY PROPERTY (UNLAWFUL POSSESSION) ACT, 1966 [Act, No.29 of 1966] [16th September, 1966] PREAMBLE An Act to consolidate and amend the law relating to unlawful possession of railway property. BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:--
View Complete Act List Judgments citing this sectionRailway Property (Unlawful Possession) Act, 1966 Section 3
Title: Penalty for Unlawful Possession of Railway Property
State: Central
Year: 1966
Whoever is found, or is proved to have been, in possession of any railway property reasonably suspected of having been stolen or unlawful obtained shall, unless he proves that the railway property came into his possession lawfully, be punishable-- (a) for the first offence, with imprisonment for a term which may extend to five years, or with fine, or with both and in the absence of special and adequate reasons to be mentioned in the judgment of the Court, such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees; (b) for the second or a subsequent offence, with imprisonment for a term which may extend to five years and also with fine and in the absence of special and adequate reasons to be mentioned in the judgment of the Court, such imprisonment shall not be less than two years and such fine shall not be less than two thousand rupees.
View Complete Act List Judgments citing this sectionRailway Property (Unlawful Possession) Act, 1966 Section 1
Title: Short Title, Extent and Commencement
State: Central
Year: 1966
(1) This Act may be called the Railway Property (Unlawful Possession) Act, 1966. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. ____________________ 1. 1st April, 1968, vide S.O. 1228, dated 1-4-1968, Gazette of India, Extra., 1968, Pt II, Section 3(ii), p. 413.
View Complete Act List Judgments citing this sectionRailway Property (Unlawful Possession) Act, 1966 Section 2
Title: Definition
State: Central
Year: 1966
In this Act, unless the context otherwise requires,-- (a) "Force" means the Railway Protection Force constituted under section 3 of the Railway Protection Force Act, 1957 (23 of 1957); (b) "member of the Force" means a person appointed to the Force, other than a superior officer; (c) "officer of the Force" means an officer of and above the rank of Assistant Sub-Inspector appointed to the Force and includes a superior officer; (d) "railway property" includes any goods, money or valuable security or animal, belonging to, or in the charge or possession of, a railway administration; (e) "superior officer" means any of the officers appointed under Section 4 of the Railway Protection Force Act, 1957 (23 of 1957), and includes any other officer appointed by the Central Government as a superior officer of the force; (f) words and expressions used but not defined in this Act and defined in the Indian Railway Act, 1890 (9 of 1890), shall have the meanings respectively assigned to them under that Act.
View Complete Act List Judgments citing this sectionRailway Property (Unlawful Possession) Act, 1966 Section 9
Title: Power to Summon Persons to Give Evidence and Produce Documents
State: Central
Year: 1966
(1) An officer of the Force shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document, or any other thing in any inquiry which such officer in making for any of the purposes of this Act. (2) A summons to produce documents or other things may be for the production of certain specified documents or things or for the production of all documents or things of a certain description in the possession or under the control of the person summoned. (3) All persons, so summoned, shall be bound to attend either in person or by an authorized agent as such officer may direct; and all persons so summoned shall be bound to state the truth upon any subject respecting which they are examined or make statements and to produce such documents and other things as may be required: Provided that the exemptions under sections 132 and 133 of the Code of Civil Procedure, 1908 (5 of 1908), shall be applicable to requisitions for attendance under this section. (4) Every such inquiry as aforesaid shall be deemed to be a "judicial proceeding" within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860).
View Complete Act List Judgments citing this sectionRailway Property (Unlawful Possession) Act, 1966 Section 10
Title: Issue of Search Warrant
State: Central
Year: 1966
(1) If an officer of the Force has reason to believe that any place is used for the deposit or sale of railway property which has been stolen or unlawfully obtained, he shall make an application to the Magistrate, having jurisdiction over the area in which that place is situate, for issue of a search warrant. (2) The Magistrate to whom an application is made under sub-section (1), may, after such inquiry as he thinks necessary, by his warrant authorise any officer of the Force-- (a) to enter with such assistance as may be required, such place; (b) to search the same in the manner specified in the warrant; (c) to take possession of any railway property therein found which he reasonably suspects to be stolen or unlawfully obtained; and (d) to convey such railway property before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose thereof in some place of safety.
View Complete Act List Judgments citing this sectionRailway Property (Unlawful Possession) Act, 1966 Section 16
Title: Repeal and Savings
State: Central
Year: 1966
(1) The Railway Stores (Unlawful Possession) Act, 1955 (51 of 1955) is hereby repealed. (2) Nothing contained in this Act shall apply to offences punishable under the Act hereby repealed and such offences may be investigated and tried as if this Act had not been passed. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Act, 1857 (10 of 1897), with regard to the effect of repeals.
View Complete Act List Judgments citing this sectionRailway Property (Unlawful Possession) Act, 1966 Section 15
Title: Construction of References to Laws Not in Force in Jammu and Kashmir
State: Central
Year: 1966
Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.
View Complete Act List Judgments citing this sectionRailway Property (Unlawful Possession) Act, 1966 Section 14
Title: Act to Override Other Laws
State: Central
Year: 1966
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
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