(1) This Act may be called the Railways Act, 1989.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
1. 1st July, 1990, vide notification No. S.O. 475(E), dated 12th June, 1990, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
Simplified Explanation
This section of the Railways Act, 1989 deals with the formal title of the legislation and the rules regarding its commencement. It specifies when the Act would come into force and the process of its enforcement by the government.
Detailed Explanation:
- Short Title:
- The “Railways Act, 1989” is the formal name of the legislation, as mentioned in the first part of Section 1.
- This section is important because it identifies the Act as the Railways Act, 1989, and this name will be used for all legal, administrative, and practical purposes related to the Act.
- Commencement of the Act:
- Subsection 2 explains when the Act comes into force. The implementation of the Railways Act is not immediate; it depends on a notification issued by the Central Government.
- The Central Government has the authority to determine when different provisions of the Act will come into force, by issuing a notification in the Official Gazette. This means the Act’s provisions are not automatically enforceable on a single date but can be activated at different times based on the government’s decision.
- Provision of Different Commencement Dates:
- The Act allows for different commencement dates for different provisions. This gives flexibility to the government to implement the Act in stages, depending on the readiness of the infrastructure, systems, or other practical requirements.
- For example, certain provisions may need more time to be fully functional, while others can be implemented immediately.
- Interpretation of Commencement:
- The “commencement of the Act” refers to the date on which specific provisions are enforced. For example, if a provision is to come into force on a particular date, any reference to the “commencement of this Act” would be understood to mean the coming into force of that provision, not the whole Act.
- The government has the discretion to notify specific provisions of the Act at different times, and once a provision is activated, it is considered to have “commenced” from that date.
- Official Notification:
- In the case of the Railways Act, 1989, the Central Government notified the Act to come into force on 1st July 1990, via notification No. S.O. 475(E), dated 12th June 1990.
- This means that starting from July 1, 1990, the provisions of the Act began to apply, unless otherwise specified for a different date for other provisions.
Importance:
- This section lays the groundwork for the Act’s enforcement, clarifying the government’s role in determining when specific provisions become operational.
- It provides flexibility for gradual implementation, which can be important for ensuring that all necessary systems are in place before a provision is enforced.
Conclusion:
Section 1 of the Railways Act, 1989 serves to establish the title of the legislation and the framework for the commencement of its provisions. The Central Government has the power to determine the implementation schedule, allowing for a phased rollout of the Act’s provisions. This ensures a smooth transition and that all necessary preparations are made for enforcement.
