Section:
- 1: Short title, extent and commencement.
(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 notification No. S.O. 1225, dated 1st April,
1968, see Gazette of India, Extraordinary, Part II, sec. 3(ii).]
-------------------------------------------------------------------------------------------------------------------------------------
Section- 2: Definitions
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;
(f) words and
expressions used but not defined in
this Act and defined in the Indian Railways Act, 1890 (9 of 1890), shall have
the meanings respectively assigned to them under that Act.
Section: - 3: Penalty for theft, dishonest
misappropriation or unlawful possession of railway property.
[Whoever commits theft, or dishonestly misappropriates or is
found, or is proved] to have been, in possession of any railway property
reasonably suspected of having been stolen or unlawfully 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.
3 [Explanation.--For the purposes of
this section, "theft" and "dishonest misappropriation"
shall have the same meanings as assigned to them respectively in section 378
and section 403 of the Indian Penal Code (45 of 1860).]
------------------------------------------------------------------------------------------------------
1. Subs. by Act 25 of 2012, s. 2, for the
marginal heading (w.e.f. 15-8-2012).
2. Subs. by s. 2, ibid., for
"Whoever is found, or is proved" (w.e.f. 15-8-2012).
3. Explanation ins. by s.
2, ibid. (w.e.f. 15-8-2012).
------------------------------------------------------------------------------------------------------------------------------------
Section: - 4: Punishment
for abetment, conspiracy or connivance at offences.
4. 1 [Punishment for abetment, conspiracy or connivance at
offences.]--2 [Whoever abets or conspires in the
commission of an offence punishable under this Act, or any owner] or occupier
of land or building, or any agent of such owner or occupier in charge of the
management of that land or building, who wilfully connives at an offence
against the provisions of this Act, shall be punishable with imprisonment for a
term which may extend to five years, or with fine, or with both.
3 [Explanation.--For the purposes of this section, the words "abet" and "conspire" shall have the same meanings as assigned to them respectively in sections 107 and 120A of the Indian Penal Code (45 of 1860.)]
--------------------------------------------------------------------------------------------------------
1. Subs. by Act 25 of
2012, s. 3, for the marginal heading (w.e.f. 15-8-2012).
2. Subs. by s. 3, ibid.,
for "Any owner" (w.e.f. 15-8-2012).
3. Explanation ins.
by s. 3, ibid. (w.e.f. 15-8-2012).
--------------------------------------------------------------------------------------------------------
Section: - 5: Offences
under the Act not to be cognizable.
Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (5 of 1898), an offence under this Act shall not be cognizable.
Section: - 6: Power to arrest without warrant.
Any superior officer or member of the Force may, without an order
from a Magistrate and without a warrant, arrest any person who has been
concerned in an offence punishable under this Act or against whom a reasonable
suspicion exists of his having been so concerned.
Section: - 7: Disposal of
persons arrested
Every person arrested for an offence punishable under this Act
shall, if the arrest was made by a person other than an officer of the Force,
be forwarded without delay to the nearest officer of the Force.
8. 1 [Inquiry how to be made].--(1) 2 [When an officer of the Force receives information about the
commission of an offence punishable under this Act, or when any person is
arrested] by an officer of the Force for an offence punishable under this Act
or is forwarded to him under section 7, he shall proceed to inquire into the
charge against such person.
(2) For this purpose the
officer of the Force may exercise the same powers and shall be subject to the
same provisions as the officer in charge of a police-station may exercise and is
subject to under the Code of Criminal Procedure, 1898 (5 of 1898), when investigating
a cognizable case:
Provided that--
(a) if the officer of
the Force is of opinion that there is sufficient evidence or reasonable ground
of suspicion against the accused person, he shall either admit him to bail to
appear before a Magistrate having jurisdiction in the case, or forward him in
custody to such Magistrate;
(b) if it appears to the
officer of the Force that there is not sufficient evidence or reasonable ground
of suspicion against the accused person, he shall release the accused person on
his executing a bond, with or without sureties as the officer of the Force may
direct, to appear, if and when so required before the Magistrate having
jurisdiction, and shall make a full report of all the particulars of the case
to his official superior.
--------------------------------------------------------------------------------------------------------
1. Subs. by s. 4, ibid.,
for the marginal heading (w.e.f. 15-8-2012).
2. Subs. by s. 4, ibid.,
for "When any person is arrested" (w.e.f. 15-8-2012).
--------------------------------------------------------------------------------------------------------
Section:-9: Power to summon persons to give evidence and produce documents
(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 authorised 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).
Section:-10: Issue of a search warrant
(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 had been stolen
or unlawfully obtained, he shall make an application to the Magistrate, having
jurisdiction over the area in which that place is situated, 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
someplace of safety.
All searches and arrests made under this Act shall be carried out
in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of
1898), relating respectively to searches and arrests made under that Code.
Section: - 12: Officers
required to assist
All officers of Government and all village officers are hereby
empowered and required to assist the superior officers and members of the Force
in the enforcement of this Act.
Section:-13: Power of
courts to order forfeiture of vehicles, etc.
Any court trying an offence punishable under this Act may order
the forfeiture to Government of any property in respect of which the Court is
satisfied that an offence under this Act has been committed and may also order
the forfeiture of any receptacles, packages or coverings in which such property
is contained, and the animals, vehicles, or other conveyances used in carrying
the property.
Section: - 14: Act to override other laws
The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being
in force.
Section: - 15:
Construction of references to laws not in force in Jammu and Kashmir
Omitted by the Jammu and Kashmir Reorganization (Adaptation of
Central Laws) Order, 2020, vide
notification No. S.O. 1123(E) dated (18-3-2020).
Section:- 16: Repeal and
savings.
(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 Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals.
If you want to download the pdf of the said act click the link below:-
If you want to understand it through videos click the link below:-
 Act- 1966 [Railway Property (Unlawful Possession) Act- 1966/ रेल संपत्ति (अवैध कब्ज़ा) अधिनयम- 1966 ){kind=link}
0 Comments
If you have any doubt, please visit my YouTube Channel "Law for RPF LDCE" and comments your request.