Section 190: Procedure for delivery to railway administration of property detained by a railway servant

Text of Section 190:

If a railway servant is discharged from service, suspended, dies, absconds, or absents himself, and:

1. Refusal or Neglect to Deliver Railway Property:
   • He, or his wife/widow, or any family member, or his representative, refuses or neglects to deliver up to the railway administration, or to an appointed person, any property belonging to the railway administration.
   • This property could include:
     • Stations, offices, or other buildings with their appurtenances.
     • Books, papers, keys, equipment, or other matters in the possession or custody of the railway servant.
2. Action by Railway Administration:
   • After a notice is given in writing requesting the delivery of property, if the person refuses or neglects to comply, the Metropolitan Magistrate or Judicial Magistrate of the First Class may, upon application by the railway administration, order a police officer to take the following actions:
     • Enter the station, office, or other building.
     • Remove any person found inside.
     • Take possession of the property (books, papers, keys, equipment, etc.).
     • Deliver the property to the railway administration or to a person appointed by them.

Explanation of Section 190:

Overview:

Section 190 outlines the procedure for the recovery of railway property that may be held by a railway servant who is no longer in service or has otherwise become unavailable, such as through death, suspension, or absconding. This section ensures that the railway administration can reclaim its assets if the railway servant or their family refuses or neglects to return them.

Key Provisions:

1. Conditions for Action:
   • This section applies if the railway servant is:
     • Discharged from service.
     • Suspended.
     • Dead, absconding, or absent without proper authorization.
   • In these cases, the railway servant, or their family members/representatives, are required to return railway property that was in the servant’s possession.
2. Failure to Deliver Property:
   • If the person refuses or neglects to return the property after receiving a written notice from the railway administration, the administration can take legal action.
   • Property can include not only physical items like keys or equipment, but also station buildings, office premises, and important documents such as books and papers.
3. Magistrate’s Role:
   • The Magistrate, on behalf of the railway administration, can issue an order to the police to enforce the recovery of the property.
   • The police can:
     • Enter the premises where the property is located.
     • Remove individuals obstructing the process.
     • Seize and deliver the property to the railway administration or the appointed representative.

Practical Implications:

1. Recovery of Assets:
   • This section safeguards the interests of the railway administration by providing a legal framework to recover its property when a railway servant is no longer available to hand it over voluntarily.
   • The process ensures that railway assets, such as infrastructure, documents, or equipment, are not lost due to the departure or absence of a railway employee.
2. Protection Against Misuse of Property:
   • This provision helps prevent a situation where the railway servant or their family might misuse or fail to return critical railway property, which could negatively affect operations.
3. Judicial Oversight:
   • The involvement of the Magistrate ensures that the process of reclaiming the property is conducted in a fair and legal manner, respecting the rights of individuals while prioritizing the recovery of railway assets.
   • The Magistrate also ensures that the railway administration has the legal backing to retrieve its property, reducing potential disputes.

Conclusion:

Section 190 provides a legal mechanism for the railway administration to recover its property when a railway servant is no longer able or willing to return it. This section ensures that the railway administration’s assets are protected and that there is a clear, lawful procedure for reclaiming them when necessary. The role of the Magistrate and police ensures that this process is conducted smoothly and lawfully.