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Act 051 of 1955 : Railway Stores (Unlawful Possession) Act, 1955

Preamble

[Act 51 of 1955][24th December, 1955]
[Repealed by Act 29 of 1966, Section 16.][24th December, 1955]

An Act to provide for the extension of the law relating to the punishment of the offence of unlawful possession of railway stores, as now in force, to the whole of India and to re-enact its provisions

Be it enacted by Parliament in the Sixth Year of the Republic of India as follows:-

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.-(1) This Act may be called the Railway Stores (Unlawful Possession) Act, 1955.

(2) It extends to the whole of India.

(3) It shall come into force on such 1date as the Central Government may, by notification in the Official Gazette, appoint.

1 5-4-1956 vide Notification No. E. 530 D1/3, dated 5-4-1956. See Gazette of India, Extraordinary, Part II, Section 1, p. 503.

Section 2. Definition

2. Definition.-In this Act, "railway stores" means any article-

(a) which is the property of any railway administration; and

(b) which is used or intended to be used in the construction, operation or maintenance of a railway.

Section 3. Unlawful possession of railway stores

3. Unlawful possession of railway stores.-If any person is found, or is proved to have been, in possession of any article of railway stores reasonably suspected of being stolen or unlawfully obtained, and cannot account satisfactorily how he came by the same, he shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

Section 4. Repeals and savings

4. Repeals and savings.-1[* * *]

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Prior to omission by Act 58 of 1960, Section 4 read as:

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4. Repeals and savings.-(1) The Railway Stores (Unlawful Possession) Ordinance, 1944 (19 of 1944), is hereby repealed.

(2) If, immediately before the commencement of this Act, there is in force in any Part B State, to this Act now extends, any law which corresponds to this Act, that corresponding law also shall, on such commencement, stand repealed.

(3) Section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply to the repeal by this Act of the Railway Stores (Unlawful Possession) Ordinance, 1944 (19 of 1944), or of any corresponding law as if the Ordinance or the corresponding law, as the case may be, were an enactment.

1 Omitted by Act 58 of 1960, Section 2 and Schedule I.