Text of Section 169:
If a non-Government railway fails to comply with any requisition made, decision or direction given, by the Central Government, under any of the provisions of this Act, or otherwise contravenes any of the provisions of this Act, it shall be open to the Central Government, by order, to levy a penalty not exceeding two hundred and fifty rupees and a further penalty not exceeding one hundred and fifty rupees for every day during which the contravention continues:
Provided that no such penalty shall be levied except after giving a reasonable opportunity to the non-Government railway to make such representation as it deems fit.
Explanation and Analysis of Section 169:
1. Non-Government Railways and Central Government Authority:
- Section 169 applies specifically to non-Government railways (private or independent railways operating under certain regulations).
- The Central Government has the authority to issue directions or requisitions under the Railways Act, 1989. Non-Government railways are obligated to comply with these instructions.
2. Penalty for Non-Compliance:
- If a non-Government railway fails to comply with the Central Government’s directions, decisions, or requisitions, or contravenes any provisions of the Act, the Central Government can impose a penalty.
- The penalty is structured as follows:
- A fine of up to two hundred and fifty rupees.
- A further fine of up to one hundred and fifty rupees for each day the contravention continues. This is a daily penalty designed to encourage the non-Government railway to resolve the non-compliance promptly.
3. Provision for Representation:
- The penalty cannot be imposed immediately. The non-Government railway must first be given a reasonable opportunity to present its case or make representations.
- This ensures fairness, giving the railway a chance to explain why it failed to comply or to contest the imposition of a penalty.
Purpose of Section 169:
- Encourage Compliance: The section is aimed at ensuring that non-Government railways adhere to the provisions of the Railways Act and the directions of the Central Government. By levying financial penalties, the government incentivizes these railways to follow the law and regulations properly.
- Daily Penalty to Deter Non-Compliance: The daily penalty structure emphasizes the urgency of complying with government directions, as the fine will increase with time. This can be particularly effective in situations where a contravention may continue over several days.
- Fair Process: The requirement for a reasonable opportunity for representation ensures that the process is fair and that the non-Government railway has the right to explain or justify any non-compliance before being penalized.
Key Considerations:
- Amount of Penalty: The penalties are not very high in terms of absolute value (ranging from two hundred and fifty rupees to one hundred and fifty rupees per day), but the daily increment can lead to significant fines if non-compliance continues for an extended period.
- Right to Contest: The ability to make representations means that non-Government railways are not penalized without the chance to defend themselves, ensuring fairness in the enforcement process.
Conclusion:
Section 169 of the Railways Act, 1989 empowers the Central Government to impose penalties on non-Government railways that fail to comply with the provisions of the Act or with directions issued by the government. The provision seeks to ensure compliance while allowing the railway to present its case before any penalties are imposed, ensuring a balance between regulation and fairness.
