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| Circular number | Commercial Circular No. 15 of 2021 |
|---|---|
| File number | No.2002/TG-V/03/02 |
| Date | 2021-12-02 |
| Type | Commercial Circular |
| Topic | ticket-checking |
| Official PDF | indianrailways.gov.in |
Extension of Magisterial Scheme for check and prevention of ticketless travel borne by the State Governments and fines should be credited to them.
GOVERNMENT OF INDIA (HTKAFRHTT MINISTRY OF RAILWAYS (THAT) (RAILWAY BOARD) (TT) No.2002/TG-V/03/02 New Delhi, dated.02.12.2021 The Principal Chief Commercial Managers, All Zonal Railways. Commercial Circular No.15 of 2021 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 31.12.2021 vide Board's Commercial Circular No.26/2020. Sanction of Ministry of Railways is hereby accorded for extension of Magisterial Scheme till 31.12.2023, in accordance with extant terms and conditions and provisions stipulated in the Railways Act. 2. 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. . It 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 Cell 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. 4. (Sanjay Manocha) Joint Director Passenger Marketing Railway Board Ph. No.:011-23047367 Email id: manocha.421sanjay@gov.in 4th Floor, Room No: 415-A No.9/g/79-Jud I-Call' Government of. In dia Bharat Sarkar) inistry of Hone Affai rs/Grih Martralaya To Hams Secret ariesoP, All 5tate ovaTments, an Union Territories (exçept Andaman NiCohar Island &Lakshadweap) NEU DELHI-110001 dated the 14th July,',1982. uaA pportionment :of the cost of the Rail way agistrates. their court. staff*and thei poicfO aos etehed to theT 2nd crediting O judicial finé he. Lovernment oP Imdia have had under consideration he uestion af apportionment cP the cost of the. Raliway 213trates, , their COurtstaf f and the poliç3' force attached TOth nand tha crEditing of, judicial fine The Stata CUCn iantS. Were also adgreeseg ide tlhistinistry s Let ta of Uen numter, dated 2nd June, :1979 (copy enclosed t0 Kamina the allouing, three alternative s inregard to, the portionmentgf. cost of:.lagistrates, their .cOurt staf and The p0lice.Force attached to' them and the Crediting.a judiciai ffine and,indicata thgir preferen09 he entire cost should be borie by. a,ii. woye and he Pines. shnoLd, ba craditsd (1i'the entire cot shoûld bs.borne by. tha St ste Cavernmen ts end the Pines siguLd ba crodited to them 0r .' (iii the cost iincurrud and the judicial ifines Tealised should be shared on a 50 50 basis .betwsan he state Governments aid the Raikuays .. , The matter has. been considered in conlsu lt atien th the Ministiy of Lri isee ping in yiu the' repliss receivac Prom ai overriments , . Thie amount of fine' collected put su ant to th®.ordaES: passed by he lagistrats in r9spect of the offenCes committad under the Raiiuays Act. is pay able to the st atp Coverrninant Just as the fines in raspect af the .oFfences under the other Central, Acts 1ike the Import.s andxport s Ct : al) Act Pryventionn of Food A cdultarationi ACt,, atc. ro alen credited to the Pub1.ic Agcount or Re venue Accoun , 2 e isomay be, f the stata havernnent. The Administration of Criminal Justice is. the concern of.the State Governments.'.The lagistrat e under t Cr.P,. are appointed .by the: State Government The fact that the Maglstrates in the disaharge of their. duties have also been conferred jurisdictiOn to try cas9s under the kailways Act make no. difference. in. the abave p0sitior nieu of the above facts'alternative (1i) nenti , is considared to be the pr qper course to f.ollc i
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