Text of Section 136:
- The Central Government may, by notification, make rules to carry out the purposes of this Chapter.
- In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the authorities who may declare the employment of any railway servant essentially intermittent or intensive; (b) the appeals against any such declaration and the manner in which, and the conditions subject to which any such appeal may be filed and heard; (c) the categories of staff that may be specified under sub-clauses (iv) and (v) of clause (c) of section 130; (d) the authorities by whom exemptions under sub-section (4) of section 132 or sub-section (3) of section 133 may be made; (e) the delegation of power by the authorities referred to in clause (d); (f) the railway servant to whom clause (ii) of sub-section (2) of section 133 apply and the periods of rest to be granted to them; (g) the appointment of supervisors of railway labour and their functions.
Detailed Explanation:
Section 136 of the Railways Act, 1989 provides the Central Government with the authority to make rules to effectively implement the provisions within the Chapter. This rule-making power ensures that the legal framework governing the railway workforce is comprehensive and adaptable to operational requirements. The section further outlines specific areas where rules may be created to address particular matters and procedures related to the employment and welfare of railway servants.
Sub-section 1: Rule-Making Authority
- Central Government’s Power to Make Rules: The section gives the Central Government the authority to issue notifications and create rules that are necessary for carrying out the objectives of this Chapter. This rule-making power is crucial for the effective enforcement and implementation of the provisions concerning railway labour.
Sub-section 2: Specific Matters for Rule-Making
This sub-section lists specific matters for which rules can be created:
- Declaration of Employment as Intermittent or Intensive:
- The rules may specify which authorities are responsible for declaring the nature of a railway servant’s employment as either intermittent or intensive. This distinction affects the working hours, rest periods, and other employment conditions.
- Appeals Against Employment Classification:
- Rules may govern the appeals process for any declaration regarding a railway servant’s employment classification (whether intermittent or intensive). This includes outlining the procedure and conditions under which an appeal may be filed and heard.
- Categories of Staff under Section 130:
- Rules may be made to define the categories of staff that are referred to under section 130, specifically related to sub-clauses (iv) and (v). This helps in identifying which staff members fall under particular employment conditions.
- Authorities for Exemptions:
- The section allows for rules to designate which authorities can grant exemptions in relation to working hours and rest periods, as outlined in sections 132 and 133. These exemptions may apply in cases of emergencies or exceptional work pressures.
- Delegation of Powers:
- The rules can include provisions for delegating powers held by authorities under section 132 or section 133. This ensures that responsibilities can be transferred to other officials, maintaining operational efficiency.
- Rest Periods for Specific Railway Servants:
- Rules can specify which railway servants are entitled to specific rest periods, as mentioned in clause (ii) of sub-section (2) of section 133. This would also include determining how long these rest periods should be and to whom they apply.
- Appointment and Functions of Supervisors of Railway Labour:
- The rules can provide for the appointment of supervisors of railway labour, outlining their specific functions and responsibilities. These supervisors ensure that the provisions of the Act are properly implemented and enforced.
Interpretation and Practical Impact:
- Flexibility in Enforcement: The power to make rules ensures that the railway labour regulations are adaptable to real-time operational needs. The Central Government can create rules to address specific circumstances and ensure that the workforce is properly managed and protected.
- Operational Clarity: By creating detailed rules regarding classifications of employment, appeals, exemptions, and rest periods, the government ensures that there is clarity in how railway workers are treated, which helps avoid confusion and promotes fairness.
- Authority and Accountability: The section provides clear structures for delegation of authority, appointment of supervisors, and the appeals process, thus holding both the government and railway staff accountable for compliance with the regulations.
Legal and Ethical Implications:
- Worker Welfare: The section empowers the government to define rules that protect the welfare of railway workers, ensuring they are classified correctly, receive adequate rest, and are not subjected to unreasonable working conditions. This enhances the ethical responsibility of the railway system toward its employees.
- Regulatory Framework: This section solidifies the creation of a detailed regulatory framework for managing the railway workforce, thus preventing exploitation and ensuring compliance with labour standards.
Conclusion:
Section 136 of the Railways Act, 1989 grants the Central Government the authority to make detailed rules for the implementation of the provisions related to railway labour. These rules are crucial for clarifying procedures concerning employment classifications, appeals, rest periods, exemptions, and the appointment of supervisors. The section plays a vital role in ensuring that the provisions of the Act are enforced effectively, ensuring fairness, accountability, and the welfare of railway workers.
