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Extension of Magisterial Scheme for check and prevention of ticketless travel

Commercial Circular No. 07 of 2020 · 2020-02-07
Circularticket-checking

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Circular numberCommercial Circular No. 07 of 2020
File numberNo.2002/TG-V/03/02
Date2020-02-07
TypeCommercial Circular
Topicticket-checking
Official PDFindianrailways.gov.in

Summary

Extension of Magisterial Scheme for check and prevention of ticketless travel police force attached to them should be borne by the State Governments and fines

Text of the circular

wit Government of India (भारत सरकार)
Ministry of Railways रेल मंत्रालय)
(Railway Board)
No.2002/TG-V/03/02 New Delhi, dated.)7.02.2020 |

The Principal Chief Commercial Managers,
All Zonal Railways.

Commercial Cireular No. 0°F/2020

Sub: Extension of Magisterial Scheme for check and prevention of ticketless
travel.

The Magisterial Scheme for checks and prevention of ticketless travel on Indian
Railways was last extended upto 31.12.2019 vide Board’s Commercial Circular
No.75/2018.

2. Post-facto sanction of Ministry of Raiiways is hereby accorded for extension of
Magisterial Scheme till 31.12.2020, in accordance with extant terms and conditions and
provisions stipulated in the Railways Act.

3, As far as ticket checking is concerned, it is purely an executive function for
which programs of surprise checks should be drawn by Railway Administration only.
The assistance of Railway Magistrate should be taken only for trial of the cases
wherever deemed fit just like other cases under other sections of the Railways Act,
1989,

4. Tt is reiterated that the apportionment of cost of Railway Magistrate may be

ensured as per Ministry of Home Affairs letter No.9/7/79-Judl Celi dated 14.07.1982
and circulated vide Board’s letter No.78/Ticket Checking/1036/1 dated 20.08.82 (copies
enclosed) which stipulate that the entire cost of Magistrates, their court staff and the
police force attached to them should be borne by the State Governments and fines

should be credited to them.
(Neeraj lark

. Executive Director Passenger Marketing
DA: As above. Railway Board

Government of India(Sharat Sarkar)
Ministry of Home AfPairs/Grih

Home. Secret
Union Territories (except ‘Andaman

NEW DELHI=-110004 vas ‘dated the 14th° July
pe ~ Sub. Apportionment:of the cost -of the: Railuay.
, Magistrates their court. stafPeand the pol
".. Porea attached to tham: amd crediting.of
judicial fine. a DOs

ene के के

‘

The Government of India have had uhder consideration
tne question af apportionment. of the cost of the Railway. -
Magistrates,: their court staffiand the police’ force: attached
to them and°the crediting of. jud al fine. The’ State an

oc Governments. vere also‘addressed vide this Ministry's latter
of even number, dated -2nd-June, TOTS (copy anclosed} bor

KM the following three: alternatives’ in.regard to tha

apertionment of. cost of Magistrates,

the palica. forces ‘attached to’ them and: thevcrediting's

judieial FL and indicate ‘their preferenca.s

2 entire cast should be borne by 9s
weys "andthe: fines. should, ba-c

; the-entire cost shofld be borne by. the
State Gavernments and the Pines, should. be-

' padited to thems or: !
i. rar oS
(व... the cost<ineurred and the. judidial |
हि radalised “sheuld-be shared’on a 50%50"ba :

7 the State Governments and-the Railways.

The matter’ has-been considered in ‘consulta
the .Ministiy- of: beau, keeping, in view the ireplé
Prom SSate: Cavermrients..

passed by, the Magistrate-in respect of the offen
‘committed under the Railuays Act. is payable.to the-Stat
Hovernment just as the Pines in respect‘ af the offences
under the other Central Aets Like the Imports and —xper
(Control?) Act: Prevention of Food Aduitaration: Act te.
are also ocradited.to-the Public Account on Revenue
as the case may’ be, of the State §avernment

we

The Administration of Criminal, Justice is, the ~

concern of the State Governments. The Magistrate under.-t
«Cr. PC. are appointed. by tha: State Government. ~ The fact
that the Magistrates in the discharge of ‘their-duties

have also been conferred jurisdiction to try casas under

In iview of the above
in para 1, is'considered to ba the -proper courga to .Polle

te

“JOINT SECRETARY

“the Railways Act.maka-no. differencg.an the abave. pasitior

Facts ‘alternative C4) ment Le

3. Ib “te requested that the, concurrence ofthe ”.
State. Government.-to' tha ‘above -arkangamant, may Agindly ‘be
communicated directto the Ministry.’of Railway ot

Board) under intimation to this :Minis

Rail

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