In this Chapter, unless the context otherwise requires,–
(a) “essential commodity” means an essential commodity as defined in clause (a) of section 2 of the Essential Commodities Act, 1955 (10 of 1955);
(b) “notified station” means a station declared to be a notified station under section 89;
(c) “State Government”, in relation to a notified station, means the Government of the State in which such station is situated, or where such station is situated in a Union territory, the administrator of that Union territory appointed under article 239 of the Constitution.
Simplified Explanation
Section 88 of The Railways Act, 1989, provides definitions for key terms used in this chapter. These definitions are critical for understanding the provisions of the chapter and ensuring their proper application. Here’s a detailed breakdown of the section:
1. Key Definitions
(a) “Essential Commodity”
- Refers to an essential commodity as defined under Section 2(a) of the Essential Commodities Act, 1955.
- The Essential Commodities Act, 1955 empowers the government to regulate the production, supply, and distribution of certain commodities deemed essential for public interest.
- Examples of essential commodities (as defined by the Act) include:
- Food grains
- Pulses
- Edible oils
- Fertilizers
- Petroleum products
- Drugs and pharmaceuticals
- Purpose: The inclusion of this term in The Railways Act ensures that provisions related to goods carriage and handling give priority to essential commodities, especially in times of scarcity or emergencies.
(b) “Notified Station”
- A notified station is any railway station that is declared as such under Section 89 of The Railways Act, 1989.
- Section 89 allows the Central Government to notify certain stations for specific purposes, such as:
- Enhanced control over transportation of goods.
- Streamlining operations or addressing special regulatory needs.
- Purpose: Declaring stations as “notified” ensures tighter control and regulation of activities, particularly concerning the transportation of essential commodities or other goods requiring special oversight.
(c) “State Government”
- Refers to the Government of the State where the notified station is located.
- If the station is in a Union Territory, the term refers to the Administrator of the Union Territory, as appointed under Article 239 of the Constitution of India.
- Purpose: This definition clarifies the role and jurisdiction of the respective State Government or Union Territory Administrator in matters related to notified stations. It ensures proper coordination between the railways and local/state authorities.
2. Practical Implications
- Clarity in Operations:
- These definitions help delineate responsibilities and priorities in railway operations, particularly when dealing with essential goods or regulated stations.
- Coordination with Local Authorities:
- By defining the role of the State Government or Union Territory Administrator, the Act ensures smooth coordination in regulatory matters concerning notified stations.
- Prioritization of Essential Goods:
- By linking “essential commodity” to the Essential Commodities Act, the Act ensures that railways prioritize such goods during transport, especially in times of crisis or scarcity.
3. Conclusion
Section 88 is foundational for interpreting the subsequent provisions in the chapter. By defining “essential commodity,” “notified station,” and “State Government,” it sets the groundwork for ensuring efficient and regulated railway operations, especially in relation to critical goods and specific stations requiring enhanced oversight.
