Text of Section 192:
Any notice or other document that is required or authorized by this Act to be served on a railway administration may be served as follows:
- In the case of a Zonal Railway:
- The notice or document may be served on the General Manager or any railway servant authorized by the General Manager.
- In the case of any other railway:
- The notice or document may be served on the owner or lessee of the railway or the person working the railway under an agreement.
The service of such notice or document can be done in any of the following ways:
- By Delivering it Personally: The notice can be handed over directly to the person.
- By Leaving it at the Office: The notice can be left at the office of the person or entity concerned.
- By Registered Post: The notice can be sent via registered post to the office address of the person or entity.
Explanation of Section 192:
Overview:
Section 192 provides the procedure for serving notices or documents on a railway administration under this Act. The section outlines the various methods through which these notices or documents can be delivered, ensuring that there is a clear and legally acceptable process for communication between the relevant parties and the railway administration.
Key Provisions:
- Service on a Zonal Railway:
- In the case of a Zonal Railway, the notice or document may be served on the General Manager or any railway servant authorized by the General Manager. This provides flexibility in identifying the appropriate individual to receive the notice.
- Service on Other Railways:
- For any other railway, the notice or document can be served on the owner or lessee of the railway, or the person who is operating the railway under an agreement. This is particularly applicable in cases where the railway is privately owned or leased.
- Methods of Service:
- Personal Delivery: A notice or document may be delivered personally to the concerned person or authorized representative. This is the most direct method of service.
- Leaving it at the Office: If personal delivery is not possible, the notice may be left at the office of the relevant person or entity. This ensures that the railway administration is notified in an official manner, even if the recipient is not personally available.
- Registered Post: The notice may be sent by registered post to the office address of the recipient. This method provides a formal record of the notice being sent and ensures that it reaches the intended party.
Practical Implications:
- Clear Communication Process:
- This section ensures that there is a formalized process for serving notices and documents to a railway administration. It clarifies the responsibilities of the parties involved, specifying how they must be notified.
- Multiple Methods of Service:
- By allowing personal delivery, leaving it at the office, or sending it by registered post, the section accommodates different circumstances and ensures that notices can be served in a manner that is both convenient and legally valid.
- Accountability and Record-Keeping:
- The use of registered post as a method of service provides a paper trail, ensuring that there is evidence that the notice was sent and received. This can be crucial in legal proceedings where proof of notification is required.
- Flexibility for Various Railway Administrations:
- The distinction between Zonal Railways and other types of railways (such as privately owned or leased ones) ensures that the method of serving notices is tailored to the administrative structure of the railway system.
Conclusion:
Section 192 provides the procedures for serving notices and documents to railway administrations, ensuring that the process is clear, flexible, and legally valid. By offering multiple methods of service, including personal delivery, leaving it at the office, and registered post, the section helps ensure that important legal notices are effectively communicated to the relevant parties involved with the railway administration.
