Section 198: General power to make rules

Without prejudice to any power to make rules contained elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this Act.

Simplified Explanation

Key Features of Section 198

  1. Supplementary Rule-Making Authority:
    • This provision grants the Central Government the overarching authority to frame rules for implementing the Act effectively.
    • It applies in addition to any specific rule-making powers provided elsewhere in the Act.
  2. Scope of Authority:
    • The rules may address areas not explicitly detailed in other sections but are necessary for fulfilling the Act’s objectives.
  3. Broad Applicability:
    • Ensures flexibility and adaptability to address emerging needs or gaps in the Act without requiring frequent legislative amendments.

Explanation

  1. Purpose:
    • To enable the Central Government to frame detailed procedures, guidelines, or frameworks essential for the practical application of the Act.
  2. Complementary Nature:
    • This section works in conjunction with other rule-making provisions, ensuring no aspect of railway regulation is overlooked.
  3. Flexibility in Governance:
    • The Central Government can address unforeseen scenarios or evolving requirements, ensuring the Act remains relevant and effective over time.

Practical Implications

  1. Operational Efficiency:
    • Rules framed under this section can provide clarity on implementing provisions, ensuring uniformity and efficiency in railway operations.
  2. Dynamic Adaptation:
    • Allows the government to respond to technological advancements, safety challenges, or operational complexities without waiting for legislative amendments.
  3. Supporting Implementation:
    • For example, rules regarding new modes of transport under Section 183 or taxation under Sections 184 and 185 can be created using this general authority.

Conclusion

Section 198 acts as a safety net, empowering the Central Government to issue rules that ensure the Act’s provisions are effectively carried out. This flexibility is critical for addressing gaps and ensuring the Act remains robust in its governance of the railway system.

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