Railways (Amendment)



Railways (Amendment)
AN ACT TO AMEND THE RAILWAYS ORDINANCE.

BE it enacted by the parliament of the Democratic Socialist Republic of Sri Lanka as follows : –

[13th December
, 1983
]
Short title.

1. This Act may be cited as the Railways (Amendment) Act,No.49 of 1983.

Insertion of new section 2A in Chapter 200.

2.The following new section is hereby inserted immediately after section 2 of the Railways Ordinance (hereinafter referred to as the ” principal enactment”) and shall have effect as section 2A of that enactment :-

Change of name of Ceylon Government Railway, C.G.R., Ceylon Railways to Sri Lanka Railways, S.L.R., Sri Lanka Railways in this Ordinance and in any written law, &c.

2A.From and after the date of the coming into operation of this section-

(1) in every context in which the expression ” Ceylon Government Railway” or its abbreviated form “C.G.R.” or the expression ” Ceylon Railways” is mentioned in this Ordinance or in any written law or in any notice, communication, form or other document issued, made, required or authorized by or under any written law, there shall be substituted the expression “Sri Lanka Railways” or its abbreviated form “S.L.R. ” for the expression “Sri Lanka Railways “, as the case may be ;

(2)any article bearing the letters it S.L.R. ” (hereinafter referred to as ” the official inscription “) in the English language only or in the English language and its equivalent in the Sinhala and Tamil languages or only in its equivalent in the Sinhala and Tamil languages shall be presumed to be the property of the Sri Lanka Railways; and

(3) any article which bears the letters “C.G.R.” which was the official inscription prior to the 1 3th day of December, 1983, shall for all purposes be presumed to be the property of the Sri Lanka Railways.

Amendment of for section 7 in the principal enactment.

3. Section 7 of the principal enactment is hereby amended by the substitution, all the words from ” shall be guilty of an offence ” to ” such fine and imprisonment. ” of the words ” shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three hundred rupees or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment. “.

Insertion of new sections 31A,31B,31C and 31 D, in the principal enactment.

4.The following new sections are hereby inserted immediately after section 31, and shall have effect as sections 31A, 31B, 31C and 31 D, of the principal enactment;”

” Penalty for unlawfully making official inscription on property the Sri Lanka Railways.

31A. Any person who without lawful authority makes the official inscription property of on any article which is of the Sri Lanka Railways shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate be punishable, notwithstanding the provisions of the Code of Criminal Procedure Act, with a fine not exceeding two thousand rupees or with imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment.

Penalty for altering, defacing, obliterating, c, of official inscription with intent to conceal any article belonging to Sri Lanka Railways.

31B. Any person who with intent to conceal any article which is the property of the Sri Lanka Railways, alters, defaces, obliterates or in any other manner causes the official inscription to disappear from such article shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be punishable, notwithstanding the provisions of the Code of Criminal Procedure Act, with a fine not exceeding two thousand rupees, or with imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment.

Penalty for receiving, possessing or keeping. selling, or delivering without lawful excuse any article bearing official inscription.

31C. Any person who without lawful excuse receives, possesses or keeps, sells or delivers any article bearing the official inscription shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be punishable, notwithstanding the provisions of the Code of Criminal Procedure Act, with a fine not exceeding two thousand rupees or with imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment.

For the purposes of this section an article shall be deemed to be in the possession or keeping of any person if he knowingly has it in the actual possession or keeping of any other person or in any building or place whether occupied by him or not and where it is so had for his own use or benefit or for the use or benefit of another.

Certificate of General Manager of Railways or authorized officer to be evidence of ownership of properly.

31D. In any prosecution where the question is whether any article which bears the official inscription is the property of the Sri Lanka Railways or not, a certificate under the hand of the General Manager or any officer specially authorized by him in writing to that behalf shall be prima facie evidence of that fact that the article is the property of the Sri Lanka Railways. “.