{"id":561,"date":"2019-09-14T13:04:36","date_gmt":"2019-09-14T07:34:36","guid":{"rendered":"http:\/\/railsamachar.com\/english\/?p=561"},"modified":"2019-09-14T13:04:43","modified_gmt":"2019-09-14T07:34:43","slug":"union-home-ministry-is-barred-to-deal-with-railways-crime-by-the-constitution","status":"publish","type":"post","link":"https:\/\/railsamachar.com\/english\/?p=561","title":{"rendered":"Union Home Ministry is barred to deal with Railways\u2019 crime by the Constitution"},"content":{"rendered":"

“No permission will be granted for holding of AGM of AIRPFA” -DG\/RPF<\/strong><\/p>\n

RPF is not an Armed Force of the Union under Art. 33 of the Constitution<\/strong><\/p>\n

As per Section 2(34) of Railways Act and 10 of RPF Act, RPF-men are Railway Servants for all purposes<\/strong><\/p>\n

The RPF Associations have been registered under Societies Registration Act, 1860, not under the Trade Union Act 1926<\/strong><\/p>\n

RPF-men are not charged with the maintenance of Public Order as Article 33 of the Constitution did not apply to RPF-men<\/strong><\/p>\n

The All India RPF Association and its Zonal Bodies have been functioning very well with recognition and facilities for nearly 20 years<\/strong><\/p>\n

The then DG\/RPF deliberately omitted Section 19 and also deleted nine words from Section 15A(1)(b) of RPF (Amendment) Act, 1985<\/strong><\/p>\n

Railways has been legally accountable to compensate the loss to the booked goods & passengers on account of crime & managerial negligence<\/strong><\/p>\n

\"\"New Delhi :<\/strong>\u00a0Alike Railways of all other countries<\/strong>\u00a0of the world including USA, UK, China etc Indian Railways (IR) too has been legally accountable to compensate the loss caused to the booked goods and passengers on account of crime and managerial negligence by paying claim under Carriers\u2019 Act of 1865, Contract Act of 1872 and the Indian Railways Act.<\/p>\n

So, alike Railways of other Countries, only Indian Railways is entitled by the Allocation of Business Rules, 1961 framed under Article 77 of India Constitution to control crime against passengers and goods carried by it to stop loss to be caused on account of the crime.\u00a0Union Home Ministry is barred to deal with Railways\u2019 crime as it cannot be made accountable to Railways.<\/strong><\/p>\n

Hence, Watch and Ward Dept. of IR was converted into Railway Protection Force (RPF) by RPF Act, 1957 enacted under Entry 22 (Railways) of Union List and not under Entry 2 (Armed Forces) of this List of 7th Schedule to Article 246 of the Constitution of India. As per Section 2(34) of Railways Act and 10 of RPF Act, RPF-men are Railway Servants for all purposes.<\/strong><\/p>\n

\"\"Vide Section 11 of RPF Act, RPF-men are charged with the protection of Railway Property and are not charged with the maintenance of Public Order\/Law and Order. As Article 33 of the Constitution did not apply to RPF-men, they formed their Service Association in 1970-71 at each Zonal Railway under rule 33 of RPF Rules-1959 and sought recognition thereto under rule 34 thereof.<\/p>\n

Since, Ministry of Railways which recognized the Indian Railways Officers\u2019 Associations and labour unions did not get recognized Zonal RPF Associations for months together, the Eastern Railway RPF Association\u2019s General Secretary moved Calcutta High Court which as per its Judgment dated 01.12.1972 ordered the Railway Administration to grant recognition to them.<\/p>\n

In 1973, on the instruction of the then Railway Minister (Lalit Narayan Mishra), the then General Manager (GM) of each Zonal Railway granted recognition to RPF Association of that Railway. Then, all recognized Zonal RPF Associations formed their apex body as All India RPF Association which too was granted several facilities to help redressal of common staff grievances. The RPF Associations have been registered under Societies Registration Act, 1860 and not under the Trade Union Act of 1926.<\/p>\n

\"\"<\/p>\n

\"\"As the Associations of IPS and IAS Officers and non-gazetted Police-men of Bihar, West Bengal and other State Governments who came under the purview of Article 33 of the Constitution, were recognized for facilitating easy redressal of their common grievances, the then IGs\/RPF could not restrain recognition and facilities to RPF Associations as RPF is not an Armed Force of the Union under Art.33 of the Constitution and Section 15A of RPF (Amendment) Act, 1985 is violative of Art.19 (1)(c) and is not saved, Art. 19(4) of Indian Constitution vide legal opinion of March 26, 1987, of senior advocate K. K. Venugopal, now Attorney General of India.<\/strong><\/p>\n

All the Zonal RPF Associations and All India RPF Association functioned well without any complaint from the authorities till August 1985. In September 1985 the RPF (Amendment) Act, 1985 was enacted. After being assented to by the President of India the Law Ministry notified the Act to vide its Gazette Notification dated 09.09.1985.<\/p>\n

But, the then DG\/RPF while publishing the RPF (Amendment) Act, 1985 in the Official Gazette Notification dated 18.09.1985 for its enforcement from 20.09.1985, deliberately omitted to publish Section 19 therein since its clause (2) banned deputation of outsiders to RPF. He then also deleted nine words from Section 15A(1)(b) of this Act which permitted recognized RPF Associations to exist and thereby illegally derecognized and banned them on 25\/27.9.1985.<\/strong><\/p>\n

\"\"<\/p>\n

\"\"The then Railway Minister Nitish Kumar and Home Minister Lalkrishna Advani jointly signed an order dated 30.11.1998 restoring recognition and facilities to Zonal and All India RPF Associations in consultation with the then Prime Minister Atal Bihari Vajpayee.<\/p>\n

The All India RPF Association (AIRPFA) and its Zonal Bodies have been functioning very well with recognition and facilities for nearly 20 years from 1998 to till date without any complaint from the authorities. The Association never indulged in any trade Union activities.<\/strong><\/p>\n

Despite protection against transfer given by the Ministry of Railways to the Office-Bearers of Zonal and All India RPF Associations, they have been frequently transferred but the Association merely requested by letters to cancel the transfer and never staged any type of protest.<\/p>\n

The members of All India RPF Association have also been organizing Seminars for passengers\u2019 safety and security, blood donation camps time and again besides participating in Swacch Bharat Abhiyan and other cultural activities.<\/p>\n","protected":false},"excerpt":{"rendered":"

“No permission will be granted for holding of AGM of AIRPFA” -DG\/RPF RPF is not…<\/p>\n","protected":false},"author":1,"featured_media":564,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"koo_publish_custom_meta":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false},"version":2}},"categories":[1],"tags":[],"class_list":["post-561","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-main-story"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/railsamachar.com\/english\/wp-content\/uploads\/2019\/09\/RPF.jpe","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=\/wp\/v2\/posts\/561","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=561"}],"version-history":[{"count":1,"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=\/wp\/v2\/posts\/561\/revisions"}],"predecessor-version":[{"id":565,"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=\/wp\/v2\/posts\/561\/revisions\/565"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=\/wp\/v2\/media\/564"}],"wp:attachment":[{"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=561"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=561"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=561"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}