Act 025 of 2012 : Railway Property (Unlawful Possession) Amendment Act, 2012

Preamble

Railway Property (Unlawful Possession) Amendment Act, 20121

[Act 25 of 2012, Repealed by Act 23 of 2016*][4th June, 2012]

An Act to amend the Railway Property (Unlawful Possession) Act, 1966

Be it enacted by Parliament in the Sixty-third Year of the Republic of India as follows-

1 Received the assent of the President on June 4, 2012 and published in the Gazette of India, Extra, Part II, Section 1, dated 4th June, 2012, pp. 1-2, No. 27

* Ed.: Act 25 of 2012 repealed by Act 23 of 2016, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2016:

"4. Savings.- The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force."

Section 1. Short title and commencement

1. Short title and commencement.-(1) This Act may be called the Railway Property (Unlawful Possession) Amendment Act, 2012.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Amendment of Section 3

2. Amendment of Section 3.-In the Railway Property (Unlawful Possession) Act, 1966 (29 of 1966) (hereinafter referred to as the principal Act), in Section 3,-

(i) for the marginal heading, the following marginal heading shall be substituted, namely:-

"Penalty for theft, dishonest misappropriation or unlawful possession of railway property.";

(ii) for the words "Whoever is found, or is proved", the words "Whoever commits theft, or dishonestly misappropriates or is found, or is proved" shall be substituted;

(iii) after clause (b), the following Explanation shall be inserted, namely-

‘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).’.

Section 3. Amendment of Section 4

3. Amendment of Section 4.-In Section 4 of the principal Act,-

(i) for the marginal heading, the following marginal heading shall be substituted, namely-

"Punishment for abetment, conspiracy or connivance at offences.";

(ii) for the words "Any owner", the words "Whoever abets or conspires in the commission of an offence punishable under this Act, or any owner" shall be substituted;

(iii) the following Explanation shall be inserted, namely-

‘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 120-A of the Indian Penal Code (45 of 1860).’.

Section 4. Amendment of Section 8

4. Amendment of Section 8.-In Section 8 of the principal Act,-

(i) for the marginal heading, the following marginal heading shall be substituted, namely-

"Inquiry how to be made.";

(ii) in sub-section (1), for the words "When any person is arrested", the words "When an officer of the Force receives information about the commission of an offence punishable under this Act, or when any person is arrested" shall be substituted.

SECTIONS