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| Circular number | Commercial Circular No. 79 of 2002 |
|---|---|
| Date | 2002-09-04 |
| Type | Commercial Circular |
| Topic | ticket-checking |
| Official PDF | indianrailways.gov.in |
nuisance-makers at these stations as it would be
PO पा सहारा OF INDIA(BUARAT SARKAR)
Jo", MINISTRY OF RAILWAYS(RAIL MANTRALAYA)
"Putt thy, (RMLLWAY BOARD) न
No2000TG-1ynoysanytaine stot os song New Deli. dt 4.09.2002,
The General Managers, .
All Zonal Railways,
Sub; Stralegy to uNproyve
- . onIndian Rail ways -
Provisions unde
SUNHalion ane cleanliness
~dmposition of penal
r the Railways Act.
» (Commercial Cireutar No. 79 of 2002)
ee Conscquent to the Independence Day
2002 by the Prime Minister regarding laun
by Indian Railways to improve the Stand
aud in trains, the Railway B
au
announcement on 15" Ay
ching of Operation Cleanlre
ard of sanitation at railway station
oard have planned multi-pronged action,
गा
. One of the components of this operation would be tO curb the
aclivilics of huisance-makers who create in sanitary condi Long,
3. Section 145 of the Raihvays Act, 1989 reads as under:-
fa
{ :
» Ifany person
a railway— |
let, 1989: Dwrnkerness OF MISE?
Inany rail Way Carriave or MPOIPURY Port of
() isina state of intoxication; or
(b} COMMIS any Nuisance or act of indecency or ises
abusive or obscene language: ar :
(c) willfully or without CXCUS(
amenity provided by the railys
affect the comfortable tray
nierferes with any
ay ddiminisiration sa cas
ed of any puss CADET,
(9 4—
ae)
, “Qu
he may be removed from the railway by any railway Servaiii and
shall, in addition to the Sorfeiture of his pass or ticket, be
Punishable with: imprisonment which may extend fo six months
_ and with fine which may extend lo five hundred rupees.
Provided ‘ that’ in the absence of special and adequate
reasons to the contrary to be mentioned in the Judgment of ihe
_» Court, such Punishment shal] hot be less than.—
| () a fine Of one hundred rupees in the case of
' conviction for the Jirst offence: and :
(8) ~ imprisonment af one month and a
hundred and Sifty rupees, in the case of
Second or subsequent offence. |
Sine of two
conviction for
i)
थे... ‘The above section empowers a railway servant to remove from the
railway a Person who is committing any nuisance or act of indecency
besides forfeiting the Pass or ticket of such person. However, penalties
- ‘relating to imposition of ines and imprisonment can be invoked only
through Courts and the tailway servants do not have any authority in this
regard, ' |
5. The word nuisance has. not been defined by ! the Act,
However, the dictionary meaning of nuisance is Something harmf ul,
offensive, annoying or inconvenient. This would therefore, encompass
acts like littering, throwing: garbage, defecating at improper Places, etc.
which add to creation'of insanitary conditions,
y
5. Keeping in view the provisions available for action
1 by the railway
Servants, the following action should be taken:-.
() . Action Should be taken to curb nuisance which
includes littering, throwing 8arbage and creating other
kinds of insanitary conditions. The offenders should
be removed from the railway and the Pass or ticket of
such persons should be forfeited. The assistance of
Police may be taken wherever required for removal of -
such persons from the railway. This task is to be
undertaken through the ticket Checking staff.
— (45 — , nf
दूं +3-
The Railway Magistrates should also be asked to hold
Camp Courts at major railway stations where drives
for catching nuisance-makers could be conducted and
this. would have a deterrent effect. Moreover, most of —
the Headquarters of Railway Magistrates are at big
stations and as such efforts should be made to catch the
nuisance-makers at these stations as it would be
convenient to produce the offenders in the court
premises which are near that station. The assistance of
police should be sought during these drives. .
(iii) During the Magisterial checks for ticket checking, the
ticket checking staff should also try to apprehend the
persons found to be causing nuisance by creating
insanitary conditions and they should be produced
before the Railway Magistrates who would otherwise
be prosecu
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