Section 200: Repeal and saving

(1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed.

(2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred to as the repealed Act)–

(a) anything done or any action taken or purported to have been done or taken (including any rule, notification, inspection, order or notice made or issued, or any appointment or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act;

(b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of the repealed Act but not disposed of before the commencement of this Act and any complaint that may be made to the said Tribunal against any act or omission of a railway administration under the repealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with the provisions of Chapter VII of this Act.

(3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal.

Simplified Explanation

Key Features of Section 200

1. Repeal of Indian Railways Act, 1890:
   • Marks a legislative update, replacing the Indian Railways Act, 1890, with the current Act.
2. Continuation of Prior Actions:
   • Ensures legal continuity by treating actions under the repealed Act as valid under the corresponding provisions of the new Act.
3. Pending Complaints Transition:
   • Transfers unresolved and new complaints regarding the repealed Act to the new Tribunal for adjudication under the updated legal framework.
4. Supplementary Application of General Clauses Act:
   • Reinforces the overarching principles of Section 6 of the General Clauses Act, 1897, ensuring smooth legal transitions during legislative changes.

Explanation

1. Purpose of Repeal:
   • To replace outdated provisions in the Indian Railways Act, 1890, with a modern framework suited to current railway operations and regulations.
2. Legal Continuity:
   • Avoids disruption in governance or adjudication by upholding the validity of actions already undertaken under the repealed Act.
3. Smooth Transition of Complaints:
   • Provides a seamless mechanism for resolving pending disputes, allowing the newly constituted Tribunal to take jurisdiction without procedural complications.
4. General Clauses Act Reference:
   • Ensures that the general principles of repeal, such as saving vested rights and continuing liabilities, apply even if not explicitly mentioned in this section.

Practical Implications

1. Clarity for Stakeholders:
   • Railway administrations, employees, and passengers can rely on the continuity of rules, actions, and decisions under the new Act without legal uncertainties.
2. Transition in Adjudication:
   • Complaints previously filed under the 1890 Act will be resolved in alignment with the updated provisions, ensuring consistency in decision-making.
3. Protection of Rights:
   • Rights, privileges, and liabilities established under the repealed Act are preserved unless inconsistent with the new Act, safeguarding stakeholders’ interests.
4. Administrative Efficiency:
   • By recognizing prior actions and rules, railway administrations avoid the need to reissue or redo measures taken under the old Act, saving time and resources.

Example Scenarios

1. Pending Tribunal Cases:
   • A complaint about unreasonable freight rates filed under Section 41 of the Indian Railways Act, 1890, will be adjudicated under the procedures set forth in Chapter VII of the new Act.
2. Existing Licenses or Exemptions:
   • Licenses issued for railway operations under the repealed Act will continue to be valid under the corresponding provisions of the new Act unless inconsistent.
3. Legal Disputes:
   • A dispute involving actions taken under the 1890 Act will be resolved under the framework of the current Act, ensuring legal consistency.

Conclusion

Section 200 ensures a smooth legislative transition from the Indian Railways Act, 1890, to the current Act. By preserving prior actions, transferring unresolved complaints, and applying the General Clauses Act principles, it safeguards the interests of all stakeholders while modernizing railway governance.