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| Circular number | Commercial Circular No. 07 of 2020 |
|---|---|
| File number | No.2002/TG-V/03/02 |
| Date | 2020-02-07 |
| Type | Commercial Circular |
| Topic | ticket-checking |
| Currency | Currency not verified |
| Official PDF | indianrailways.gov.in |
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
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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