(1) For the purposes of sections 67, 113, 121, 123, 147, 151 to 154, 160, 164, 166, 168, 170, 171, 173 to 176, 179, 180, 182, 184, 185, 187 to 190, 192, 193, 195 and of this section, the word “railway” whether it occurs alone or as a prefix to another word, has reference to a railway or portion of a railway under construction and to a railway or portion of a railway not used for the public carriage of passengers, animals or goods as well as to a railway falling within the definition of that word in clause (31) of section 2.
(2) For the purposes of sections 7, 24, 113, 146, 172 to 176 and 188 to 190, the expression “railway servant” includes a person employed under a railway in connection with the service thereof by a person fulfilling a contract with the railway administration.
Key Sections Referenced
(1) Relevant to the Definition of “Railway”:
Sections 67, 113, 121, 123, 147, 151 to 154, 160, 164, 166, 168, 170, 171, 173 to 176, 179, 180, 182, 184, 185, 187 to 190, 192, 193, 195, and 197.
(2) Relevant to the Definition of “Railway Servant”:
Sections 7, 24, 113, 146, 172 to 176, and 188 to 190.
Explanation of Section 197
1. Clarification of “Railway”:
- This section ensures that the term “railway” is interpreted broadly in the context of specific provisions of the Act.
- It includes railways that are:
- Under construction: Covers infrastructure still in progress.
- Not used for public carriage: Includes industrial, private, or non-commercial railways.
- Additionally, it reinforces the comprehensive definition provided in Section 2(31).
2. Expanded Definition of “Railway Servant”:
- The term “railway servant” is extended to include individuals employed indirectly through contractual agreements.
- This provision ensures that subcontracted workers serving railway functions are treated as railway servants for the purposes of specific sections, enhancing their accountability and obligations.
Practical Implications
- Legal Uniformity:
- Ensures consistency in applying the Act’s provisions to railways and railway servants operating in varied contexts.
- Inclusion of Contract Workers:
- Acknowledges the growing trend of outsourcing services, ensuring such workers fall under the purview of relevant regulations.
- Regulation of Non-Public Railways:
- Brings railways not intended for public use (e.g., private or industrial lines) within the scope of applicable sections to ensure safety, accountability, and adherence to the law.
Examples
- Railway Under Construction:
- Safety provisions in Section 113 (related to accidents) would also apply to railways still under construction.
- Non-Public Railways:
- An industrial railway used for transporting goods within a factory premises would still need to comply with certain provisions like accident reporting or worker safety.
- Contractual Workers:
- A cleaning staff hired through a contractor to maintain railway premises would be considered a railway servant for the purposes of Sections 146 (penalty for trespass), ensuring they are treated appropriately under the Act.
Conclusion
Section 197 is a supplemental provision ensuring the broad applicability of the terms “railway” and “railway servant” across the Railways Act, 1989. It ensures comprehensive legal coverage by including railways under construction, non-public railways, and contract workers, thus strengthening the regulatory framework of the Act.
