The Railway Protection Force Act, 1957
Administered Ministry: Ministry of Railways
Section
Section 19 Certain Acts not to apply to members of the Force. 1 docs
1[19. Certain Acts not to apply to members of the Force.--Nothing contained in the Payment of Wages Act, 1936 (4 of 1936), or the Industrial Disputes Act, 1947 (14 of 1947), or the Factories Act, 1948 (63 of 1948), or any corresponding law relating to investigation and settlement of industrial dispute in force in a State shall apply to members of the Force.]
1. Subs. by Act 60 of 1985, s. 16, for section19 (w.e.f. 20-9-1985)
Section 20 Protection of acts of members of the Force. 1 docs
(1) In any suit or proceeding against any 1* * * member of the Force for any act done by him in the discharge of his duties, it shall be lawful for him to plead that such act was done by him under the orders of a competent authority.
(2) Any such plea may be proved by the production of the order directing the act, and if it is so proved, 1* * * the member of the Force shall thereupon be discharged from any liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such order.
(3) Notwithstanding anything contained in any other law for bed time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any 1* * * member of the Force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules thereunder shall be commenced within the months after three act complained of shall have been committed and not otherwise; and notice in writing of such proceeding and of the cause thereof shall be given to the person concerned and his superior officer at least one month before the commencement of such proceeding.
(2) Any such plea may be proved by the production of the order directing the act, and if it is so proved, 1* * * the member of the Force shall thereupon be discharged from any liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such order.
(3) Notwithstanding anything contained in any other law for bed time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any 1* * * member of the Force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules thereunder shall be commenced within the months after three act complained of shall have been committed and not otherwise; and notice in writing of such proceeding and of the cause thereof shall be given to the person concerned and his superior officer at least one month before the commencement of such proceeding.
1. The words "superior officer or" omitted by s. 18 and the Schedule, ibid. (w.e.f. 20-9-1985).
Section 21 Power to make rules. 1 docs
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for--
(a) regulating the classes and grades and the pay and remuneration of 1*** members of the Force and their conditions of service in the Force;
(b) regulating the powers and duties of 1*** members of the Force authorised to exercise any functions by or under this Act;
(c) fixing the period of service for 1*** members of the Force;
2[(d) prescribing the description and quality of arms, accoutrements, clothing and other necessary articles to be furnished to the members of the Force;
(e) prescribing the places of residence of the member of the Force;
(f) institution, management and regulation of any fund for any purpose connected with the administration of the Force;
(g) regulating the punishments and prescribing authorities to whom appeal shall be preferred from orders of punishment, or remission of fines, or other punishments and the procedure to be followed for the disposal of such appeals;
(h) regulating matters with respect to Force custody under this Act, including the procedure to be followed for taking persons into such custody;
(i) regulating matters with respect to disposal of cases relating to offences under this Act and specifying the places in which person convicted under this Act maybe confined;
(j) any other matter which has to be, or may be, imposed or in respect of which rules are required to be made under this Act.]
3[(3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for--
(a) regulating the classes and grades and the pay and remuneration of 1*** members of the Force and their conditions of service in the Force;
(b) regulating the powers and duties of 1*** members of the Force authorised to exercise any functions by or under this Act;
(c) fixing the period of service for 1*** members of the Force;
2[(d) prescribing the description and quality of arms, accoutrements, clothing and other necessary articles to be furnished to the members of the Force;
(e) prescribing the places of residence of the member of the Force;
(f) institution, management and regulation of any fund for any purpose connected with the administration of the Force;
(g) regulating the punishments and prescribing authorities to whom appeal shall be preferred from orders of punishment, or remission of fines, or other punishments and the procedure to be followed for the disposal of such appeals;
(h) regulating matters with respect to Force custody under this Act, including the procedure to be followed for taking persons into such custody;
(i) regulating matters with respect to disposal of cases relating to offences under this Act and specifying the places in which person convicted under this Act maybe confined;
(j) any other matter which has to be, or may be, imposed or in respect of which rules are required to be made under this Act.]
3[(3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
1. The words "superior officers and" omitted by Act 60 of 1985, s. 17 (w.e.f. 20-9-1985).
2. Subs. by s. 17, ibid., for clauses (d) and (e) (w.e.f. 20-9-1985).
3. Subs. by s. 17,ibid.,for sub-section (3) (w.e.f. 20-9-1985).
2. Subs. by s. 17, ibid., for clauses (d) and (e) (w.e.f. 20-9-1985).
3. Subs. by s. 17,ibid.,for sub-section (3) (w.e.f. 20-9-1985).
Section 22 Provisions as to existing Force.
1[(1) The Force constituted under the principal Act, as functioning immediately before the commencement of this Act (hereafter in this section referred to as the existing Force) shall, on such commencement, be deemed to be the Force constituted under the principal Act as amended by this Act, and every member of the existing Force holding immediately before such commencement an office mentioned in column (1) of the Table below shall, on such commencement be deemed to have been appointed to the office mentioned in the corresponding entry in column (2) of the said Table.
(2) Notwithstanding anything contained in sub-section (1), any member of the existing Force may, within thirty days from the commencement of this Act, exercise his option by notice in writing to the Director-General.—
(a) if such member has been on deputation to the existing Force from any other service, to revert to such other service, and
(b) in any other case, to retire from service and an option so exercised shall be final, and a member exercising such option shall be permitted, within thirty days from the date on which he exercises such option to revert to the service from which he had been on deputation or, as the case may be, to retire from service.
Explanation.— For the purposes of this section, the expression "member" includes an officer, and the expression "Director-General" shall have the same meaning as in the principal Act as amended by this Act.]
| Table | |
|---|---|
| (1) | (2) |
| 1. Director-General | Director-General. |
| 2. Inspector-General-cum-Chief Security Officer | Inspector-General. |
| 3. Additional Inspector-General-cum-Chief Security Officer. | Additional Inspector General. |
| 4. Additional Inspector-General | Additional Inspector General. |
| 5. Deputy Inspector-General-cum-Chief Security Officer. | Deputy Inspector-General. |
| 6. Deputy Inspector-General | Deputy Inspector-General. |
| 7. Principal, Training College | Principal, Training College. |
| 8. Assistant Inspector-General. | Assistant Inspector General. |
| 9. Deputy Chief Security Officer | Senior Commandant Headquarters. |
| 10. Senior Security Officer. | Senior Commandant. |
| 11. Security Officer | Commandant. |
| 12. Staff Officer to Chief Security Officer | Commandant-cum-Staff Officer to Chief security Officer. |
| 13. Security Officer (Small Arms). | Commandant (Small Arms). |
| 14. Commandant | (Commandant. |
| 15. Assistant Security Officer | Assistant Commandant. |
| 16. Personal Assistant to Chief Security Officer | Assistant Commandant -cum-Personal Assistant to Chief Security Officer. |
| 17. Adjutant | Assistant Commandant Adjutant. |
| 18. Assistant Commandant | Assistant Commandant. |
| 19. Principal, Training School | Assistant Commandant-cum- Principal, Training School. |
| 20.Vice-Principal, R.P.F. Training College | Assistant Commandant-cum-VicePrincipal, R.P.F. Training College |
| 21. Inspector | Inspector. |
| 22. Sub-Inspector | Sub-Inspector. |
| 23. Assistant Sub-Inspector | Assistant Sub-Inspector. |
| 24. Head Rakshak | Head Constable. |
| 25. Battalion Havildar Major | Head Constable. |
| 26. Coy. Havildar Major | Head Constable. |
| 27. Senior Rakshak | Naik. |
| 28. Rakshak | Constable. |
(2) Notwithstanding anything contained in sub-section (1), any member of the existing Force may, within thirty days from the commencement of this Act, exercise his option by notice in writing to the Director-General.—
(a) if such member has been on deputation to the existing Force from any other service, to revert to such other service, and
(b) in any other case, to retire from service and an option so exercised shall be final, and a member exercising such option shall be permitted, within thirty days from the date on which he exercises such option to revert to the service from which he had been on deputation or, as the case may be, to retire from service.
Explanation.— For the purposes of this section, the expression "member" includes an officer, and the expression "Director-General" shall have the same meaning as in the principal Act as amended by this Act.]
1. Ins. by s. 19, ibid. (w.e.f. 20-9-1985) on the directions of the Hon’ble High Court of Delhi in the matter of “P.K. Agrawal versus Union of India”, dated 28-01-2020. In the said section, the expression “this Act” occurring at both the places, refers to the Railway Protection Force (Amendment) Act, 1985 (60 of 1985).