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  "title": "Railway Regulatory Authority Ordinance, 2002",
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  "text": "Page 1 of 27 \r\n \r\n  \r\n \r\n \r\nTHE RAILWAY REGULATORY AUTHORITY ORDINANCE, 2002 \r\n \r\n              \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nCHAPTER- I \r\nGENERAL \r\n1. Short title, extent and commencement.   \r\n2.  Definitions. \r\nCHAPTER – II \r\nESTABLISHMENT OF THE RAILWAY REGULATORY AUTHORITY \r\n3.  Establishment of Railway Regulatory Authority. \r\n4.  Meetings of the Authority. \r\n5.  Remuneration and conflict of interest. \r\n6.  Recruitment of employees. \r\n7.  Chairman, Members, employees, experts, consultants and advisers not to be civil servants. \r\n8.  Chairman, etc., to be public servants. \r\n9.  General powers and functions of the Authority. \r\n10.  Delegation of powers. \r\nCHAPTER III \r\nLICENSING \r\n11.  Exclusive power to grant licenses. \r\n12.  Bidding for license. \r\n13.  Rates and approved discount schemes. \r\n14.  General terms and conditions of licenses. \r\n15.  Failure to secure subsequent license. \r\n \r\n \r\n\r\n \r\nPage 2 of 27 \r\n \r\n16.  Railway administration as deemed licensee. \r\n17.  Transfer and assignment of licenses. \r\n \r\nCHAPTER IV \r\nTRACK ACCESS \r\n18.  Directions by the Authority. \r\n19.  Approval of track access agreements. \r\n20.  Amendments to track access agreements. \r\n \r\nCHAPTER V \r\nENFORCEMENT \r\n21.  Facilities to be afforded to the Authority. \r\n22.  Securing compliance with decisions. \r\n \r\nCHAPTER VI \r\nEMERGENCY \r\n23.  Emergency. \r\nCHAPTER VII \r\nREGISTERS AND REPORTS \r\n24.  Keeping of registers. \r\n25.  Submission of yearly report, returns, etc. \r\n \r\nCHAPTER VIII \r\nBUDGET AND ACCOUNTS \r\n26.  Budget and accounts. \r\n27.  Railway Regulatory Authority Fund. \r\n \r\nCHAPTER IX \r\nPOLICY GUIDELINES \r\n28.  Powers of the Federal Government to issue policy guidelines. \r\n \r\nCHAPTER X \r\nOFFENCES \r\n29.  Offences. \r\n \r\nPage 3 of 27 \r\n \r\nCHAPTER XI \r\nMISCELLANEOUS \r\n30.  Power to call for information. \r\n31.  Inspection by public. \r\n32.  Authority hearing. \r\n33.  Complaints. \r\n34.  Appeals against order of a delegate. \r\n35.  Review of Authority decision. \r\n36.  Recovery of arrears. \r\n37.  Confidential information. \r\n38.  Immunity. \r\n39.  Winding-up of the Authority. \r\n40.  Power to make rules. \r\n41.  Power to make regulations. \r\n42.  Ordinance to override other laws. \r\n43.  Certification of public purpose for compulsory acquisition of land. \r\n \r\nCHAPTER XII \r\nAMENDMENTS, SAVINGS etc. \r\n44.  Amendment of laws and savings. \r\n45. Removal of difficulties. \r\nFIRST SCHEDULE \r\n(See subsection (3) of section 1) \r\n \r\nSECOND SCHEDULE \r\n(See section 44) \r\nENACTMENTS AMENDED \r\nPART I  \r\n  \r\n \r\nPage 4 of 27 \r\n \r\n THE RAILWAY REGULATORY AUTHORITY ORDINANCE, 2002 \r\nORDINANCE NO. XCII OF 2002 \r\n[26, October, 2002] \r\nAn Ordinance to provide for the Establishment of the Railway Regulatory Authority \r\nWHEREAS it is expedient to foster competition, encourage and facilitate private sector \r\ninvestment and participation in the development and  operation of passenger and goods trains on the \r\nRailway network, protect the public interest while respecting individual rights  and  provide  effective  \r\nand  efficient  regulations  and  for  matters  connected therewith or incidental thereto; \r\nAND  WHEREAS   the  President  is  satisfied  that  circumstances  exist  which  render  it \r\nnecessary to take immediate action; \r\nNOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day \r\nof October, 1999, and the Provisional Constitution Order No. 1 of 1999, read with the Provisional \r\nConstitution (Amendment) Order No.9 of 1999, and in exercise of all powers enabling  him in that \r\nbehalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the \r\nfollowing Ordinance:― \r\n_____________ \r\n \r\nCHAPTER- I \r\nGENERAL \r\n1. Short title, extent and commencement. ___(1) This Ordinance may be called the Railway \r\nRegulatory Authority Ordinance, 2002. \r\n(2) It extends to whole of Pakistan. \r\n(3) It shall, other than the provisions referred to in the First Schedule, come into force at once.  \r\nThe  provisions  of  the  First  Schedule  shall  come  into  force  together  o r separately on such date \r\nor dates as the Federal Government may, on the advice of Authority, by order in the official Gazette \r\nappoint. \r\n2. Definitions.― In this Ordinance, unless there is anything repugnant in the subject or \r\ncontext,___ \r\n(a) “accident” means an abnormal happening whether involving a train or not \r\nwhich results in the disruption or likely disruption of the running of a rolling \r\nstock, whether attended or not with loss of human lives or serious injury to \r\nproperty or persons;  \r\n(b) “Act” means the Railways Act, 1890 (Act IX of 1890); \r\n(c) “Authority” means the - Railway Regulatory Authority established under \r\nsection 3;  \r\n \r\nPage 5 of 27 \r\n \r\n(d) “Chairman” means the Chairman of the a uthority and includes the Vice -\r\nChairman when acting in substitution thereof; \r\n(e) “decision” means an order, determination, direction or decision of the authority \r\nmade pursuant to this Ordinance, rules or regulations,  and “decide” shall mean \r\nthe action taken by the Authority to arrive at such decision; \r\n(f) “emergency”  means any situation, which requires the adoption of extraordinary \r\nmeasures by the Federal Government to ensure the continuity of the railway \r\nservices; \r\n(g) “goods”  include  in  animate  thing  of  every  kind  .and  shall  be  construed  \r\nas synonymous with the terms cargo, consignment, articles and substances; \r\n(h) “integrated license” means a license which includes obligations on the licensee \r\nto maintain, improve or upgrade railway infrastructure in terms of the relevant \r\nlicense; \r\n(i) “license” means, in relation to a licensed section, the grant by the Authority of \r\nexclusive or non-exclusive operating rights for the carriage of passengers and \r\ngoods by railway includes integrated licenses; \r\n(j) “licensed section” means the section of railway identified in the license within \r\nthe boundaries of which railway services may be offered by a licensee on an \r\nexclusive or non-exclusive basis; \r\n(k) “licensee” means a person in whose favour a license is grante d or deemed to \r\nhave been granted, by the Authority; \r\n(l) “license fee ” means a fee to be paid by the licensee to the Authority  in \r\naccordance with the rules;  \r\n(m) “Member” means a Member of the Authority, including the Chairman; \r\n(n) “policy guidelines ” means policies of the Federal Government covering or \r\nrelated to  any or all of the regulated  activities  which are issued in writing  \r\npursuant  to a decision of the Cabinet of the Federal Government or any \r\ncommittee thereof; \r\n(o) “prescribed” means prescribed by rules made under this Ordinance; \r\n(p) “person”  includes any individual  or any legal entity including any partnership, \r\nfirm, company, joint venture, trust or corporation; \r\n(q) “railway”  has the same  meaning  as assigned  to it under  the Act and includes \r\nrailway infrastructure; \r\n(r) “railway administration” in the case of railway administered and operated by \r\nthe Federal  Government,  means  the  manager  of the  railway  and  includes  \r\nthe  Federal Government; \r\n \r\nPage 6 of 27 \r\n \r\n(s) “railway employee” means any person engaged by a licensee for the purpose of \r\nworking the railway; \r\n(t) “railway infrastructure” means:  \r\n (i) all the land within the fences or other boundary marks indicating the \r\n limits of the land appurtenant to a railway; \r\n (ii) all lines of rails, sidings or branches worked over for the purposes of, or \r\n in connection with, a railway;  \r\n (iii) all stations, offices,   warehouses,   wharves,   workshops,   factories,   \r\n fixed   plant   and machinery and other works constructed for the \r\n purposes of, or in connection with, a railway; \r\n (iv) water supply, sewerage, drainage, electrical, sui gas, signal and \r\n telecommunication services  and  installations  used  for  the  purpose  \r\n of  the  railway whether these belong to or are hired or worked by a \r\n licensee; \r\n (v) residential colonies, dwelling  houses, barracks, running rooms, rest \r\n houses or any other structure used for the residence; \r\n (vi) the railway network; and \r\n (vii) all moveable and immovable property in relation to the foregoing; \r\n(u) “railway   infrastructure   fund”   means   'a   fund   established   by   the   railway \r\nadministration  consisting  of  track  access  charges,  applied  to the  \r\nmaintenance and upgradation of the railway infrastructure in accordance with \r\npriorities determined by the Authority; \r\n(v) “railway services” means services offered by a licensee in terms of the license \r\nor otherwise; \r\n(w) “railway  network”  means  the  entire  lines  of  rails,  branches  and  sidings  \r\nin Pakistan; \r\n(x) “rate” means as defined in the Act; \r\n(y) “regulated activity” means any activity that is within the powers and functions \r\nof the Authority; \r\n(z) “regulations” means the regulations made under this Ordinance; \r\n(za) “rolling stock ” includes locomotives, tenders, railcars, diesel or electric \r\nmultiple units, coaches,  passenger   carriages,   wagons,  goods,  cars,  trucks,  \r\ncranes,  track machinery, track recording and inspection cars, and trolleys; \r\n(zb) “rules” means the rules made under this Ordinance;  \r\n(zc) “terminal” means as defined in the Act; \r\n \r\nPage 7 of 27 \r\n \r\n(zd) “track access agreement” means an agreement between the railway \r\nadministration  in its capacity as the railway infrastructure  owner and a licensee \r\nfor access  to railway Infrastructure, such agreement being based on the model \r\ntrack access agreement prepared and published by the Authority following \r\ndiscussions with the railway administration; and \r\n(ze) “track access charge” means the amount, set out in the track access agreement, \r\nto be paid by a licensee to the railway administration for a ccess to railway \r\ninfrastructure. \r\n___________ \r\n \r\nCHAPTER – II \r\nESTABLISHMENT OF THE RAILWAY REGULATORY AUTHORITY \r\n3. Establishment of Railway Regulatory Authority. ―(1)  As soon as may be, but not later \r\nthan two months  after the commencement  of this Ordinance,  the Federal Government  shall,  by  \r\nnotification  in  the  official  Gazette,  establish  a  regulatory authority, which shall be known as the \r\n“Railway Regulatory Authority”. \r\n(2) Subject to the provisions of this Ordinance, the Authority shall be independent in the \r\nperformance of its function s.  The Authority shall be a body corporate, having perpetual succession \r\nand a common seal with powers to acquire and hold property, both moveable and immovable, and to \r\nsue and be sued by its name. \r\n(3) The Authority shall consist of a Chairman and three Me mbers, out of whom one shall  be  \r\ndesignated  as Member  Technical,  one  as  Member  Licensing  and  one  as Member Finance. \r\n(4) The Chairman shall be an eminent person of known integrity and competence with a \r\nminimum of twenty-five years of experience in business, engineering, management or Railways. The \r\nChairman should also be well versed in licensing procedures and regulatory matters. \r\n(5) The Member Technical shall be a person who holds an appropriate degree in the relevant \r\nfield and is an experienced a nd eminent professional of known integrity and competence with a \r\nminimum twenty years of related professional experience in the maintenance of railway infrastructure, \r\nits safety and strategic planning and dealing with accidents. \r\n(6) The Member Licensing sh all be a person who holds an appropriate degree in the relevant \r\nfield and is an experienced and eminent professional of known integrity and competence with a \r\nminimum of twenty years of relevant professional experience in the field of railway engineering, \r\nrailway operations, transport engineering or transport economics. \r\n(7) The Member Finance shall be a person who holds an appropriate degree in the relevant \r\nfield, experienced, eminent professional of known integrity and competence with  a  minimum  of  \r\ntwenty  years  of  related  experience  in  the  field  of  corporate financing or accounting. \r\n(8) Subject to sub-section (9),― \r\n(a) the Chairman shall be appointed, by the Federal Government for an initial term \r\nof five years and shall be eligible for reappointment for a similar term; \r\n \r\nPage 8 of 27 \r\n \r\n(b) the  Member  Licensing  shall  be appointed  by  the  Federal  Government  for \r\nan initial term of four years and shall be eligible for reappointment  for a term \r\nof five years; \r\n(c) the Member Technical shall be appointed by the Federal Government for an \r\ninitial term of three years and shall be eligible for reappointment for a term of \r\nfive years; and \r\n(d) the Member Finance shall be appointed by the Federal Government for an initial \r\nterm of two years and shall be eligible for reappointment for a similar term. \r\n(9) The Chairman and other Members shall retire on attaining the age of sixty-five years. \r\n(10) In  case  of  a  vacancy  occurring  due  to  the  death,  resignation,  retirement  or removal  \r\nof  any  Member,  the  Federal  Government  shall  appoint  another  qualified person  within  a  period  \r\nnot  exceeding  three  months  from  the  date  the  vacancy occurred. \r\n(11) Any Member may resign from his office by writing under his hand addressed to the \r\nFederal Government. The Federal Government may remove a Member from his office if, on an inquiry \r\nby the Federal Public Service Commission, he is found unable to  perform the functions of his office \r\ndue to mental or physical disability or to have committed misconduct. \r\n(12) Any Member may serve a maximum of two terms. \r\n(13) The Federal Government shall designate one of the Members as Vice -Chairman, who \r\nshall act as Chairman at any time during which the Chairman for any reason is incapable of exercising \r\nthe Chairman's powers or performing the Chairman's duties and when so acting, the Vice -Chairman  \r\nshall exercise the powers and perform the duties imposed on the Chairman by this Ordinance. \r\n4. Meetings  of the  Authority.__ (1)  The  Chairman  and  two other  Members  shall constitute  \r\na  quorum  for  a  meeting  of  the  Authority  requiring  a  decision  by  the Authority. \r\n(2) The decisions of the Authority shall be taken by the majority of its Members and in case of \r\na tie, the Member presiding shall have an additional vote. \r\n(3) All decisions of the Authority shall be in writing and shall identify the decision of the \r\nChairman and other members separately. \r\n(4) No act, pro ceeding or decision of the Authority shall be invalid by reason only of the \r\nexistence of a vacancy or defect in, the constitution of the Authority. \r\n(5) The Chairman shall call all meetings of the Authority. The Chairman shall also call \r\nmeetings of the Authority immediately on being requested in writing to do so by another Member of \r\nthe Authority. \r\n(6) Each Member shall have reasonable notice of the time, place and matter on which a decision \r\nshall be taken. \r\n5. Remuneration and conflict of interest.___(1) The Members shall be paid such remuneration \r\nand allowances and shall be entitled to such privileges and facilities for their respective terms of office \r\nas may be determined by the Federal Government in advance of their appointment which shall not be \r\nvaried to their disadvantage during their term in office. \r\n \r\nPage 9 of 27 \r\n \r\n(2) No person shall be appointed by the Federal Government as a Member if such person has \r\nany direct or indirect financial interest in, or has any connection which might reasonably be viewed as \r\ngiving rise to  a conflict of interest with, any person involved in any regulated activity. No person \r\nappointed as a Member shall during his term in office have or maintain any direct or indirect financial \r\ninterest in any person involved in any regulated activity. Member s shall not at any time during their \r\nterm of office engage themselves in any other services, business, vocation or  employment with, any \r\nother person. \r\n(3) No Member shall take part in any decision, if such Member is in any way, whether directly \r\nor indirectly, concerned or interested in the decision, nor shall such Member's presence count for the \r\npurpose of forming a quorum at the time of any such decision. \r\n(4) Every Member who knowingly contravenes any of the provisions of subsections (2) and \r\n(3) shall, on inquiry by the Federal Public Service Commission, be guilty of misconduct. \r\n(5) Subject to subsection (6), it shall not be lawful for any Member, for so long as he holds \r\noffice and for a period of two years thereafter, to seek or hold any office or employmen t  nor  to  \r\nacquire  or  purchase  (whether  in  his  name  or  otherwise)  any interest in any corporation, \r\npartnership, trust, firm or company carrying on,― \r\n (a) business in any regulated activity; or \r\n (b) the  business  of  providing  professional  or  advisory  services  to  any  person \r\n   undertaking any regulated activity. \r\n(6) A Member may, before the expiration of two years after he has ceased to hold that office,  \r\nenter  into  the  employment   of  or  accept  any  professional   or  advisory relationship with any \r\ncorporation, partnership, trust, or company, carrying on business in any phase of a regulated activity, \r\nprovided he has obtained written approval of the Federal Government which shall not be u nduly \r\ndenied. \r\n(7) A  Member  shall  not  be  in  contravention  of  subsections  (2)  and  (3),  if  he  is receiving \r\nany pension benefits, while serving the Authority, due to him from a prior employment with any \r\nperson. \r\n6. Recruitment of employees. __(1) The Authority may; from time to time, employ officers, \r\nmembers of its staff, experts, consultants, advisors, and other employees on such terms and conditions, \r\nas it may deem fit. \r\n(2) The Authority shall make regulations for appointment, promotion, terminat ion and other \r\nterms and conditions of employment of persons employed under subsection (1). \r\n7. Chairman, Members, employees, experts, consultants and ad visers not to be civil \r\nservants.― The Chairman, Members,  employees  of the Authority  or  experts, consultants or advisers \r\nemployed by the Authority shall be governed by the terms and conditions of their appointment and \r\nshall not be deemed to be civil servants within the meaning of the Civil Servants Act, 1973 (Act LXXI \r\nof 1973). \r\n8. Chairman, etc., to be pub lic servants. ___ The Chairman, members, employees, experts, \r\nconsultants and advisers of the Authority shall, when acting or purporting to act in pursuance of any \r\n \r\nPage 10 of 27 \r\n \r\nof the provisions of this Ordinance or the rules or regulations be deemed to be public servants within \r\nthe meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860). \r\n9. General powers and functions of the Authority. ― (1) In addition to such other powers \r\nand functions as may be imposed on it or transferred under or by virtue of this Ordinance, the Authority \r\nshall be exclusively responsible for granting licences and for the carrying out of regulated activities \r\nand regulating such activities. \r\n(2) Without prejudice to the generality of the foregoing, the Authority shall, __  \r\n(a) promote and protect the interests of railway users through fair competition; \r\n(b) promote the provision of efficient and competitive railway services; \r\n(c) approve the terms of track access agreements; \r\n(d) ensure that the terms and conditions of licenses are being strictly complied with \r\nby the licensees; \r\n(e) approve the railway infrastructure usage plan (time-tabling) to be submitted by \r\nthe railway administration keeping due margins for maintenance and \r\nrehabilitation works; \r\n(f) carry out periodic inspections of the railway infrastructure for ensuring safety \r\nof train operations; \r\n(g) in the case of a license that is not an integrated license, in consultation with the \r\nrailway administration, carry out strategic planning for improvement,  \r\nupgradation and modernization of the railway infrastructure for implementation  \r\nby railway administration and monitoring the progress thereof; \r\n(h) in   the   case   of   an   integrated   licence,   in   consultation   with   the   railway \r\nadministration, carry out strategic planning for improvement, upgradation and \r\nmodernization  of the railway infrastructure  for implementation  by the licensee \r\nand monitoring the progress thereof; \r\n(i) determine the limitation of employment, of railway employees to ensure the \r\nsafe running of trains; \r\n(j) subject to section 13, determine rates; \r\n(k) approve terminals; \r\n(l) recommend  to  the  Federal  Government,  any  or  all  measures  necessary  for \r\nenhancing the role of the railway in the national transportation; \r\n(m) prescribe technical standards for the railway infrastructure and the rolling stock \r\nand for the testing thereof; \r\n(n) review the parameters of the rolling stock and approve the same or direct such \r\nmodifications as may be necessary from a safety point of view; \r\n \r\nPage 11 of 27 \r\n \r\n(o) resolve disputes between parties to track access agreements and disputes \r\nbetween licensees; \r\n(p) subject to section 40, make rules; \r\n(q) subject to section 41, make regulations; \r\n(r) prescribe a uniform form of accounts and accounting practices to be complied \r\nwith by licensees; \r\n(s) sanction the opening or re -opening of a section of the railway network after \r\nascertaining the fulfilment of prescribed pre-conditions; \r\n(t) direct the closing of a section of the railway network or the discontinuation of \r\na particular rolling stock or restoration of the same; \r\n(u) sanction the use of any rolling stock on the railway network after ascertaining \r\ntheir suitability and conformance to the prescribed standards; \r\n(v) make such periodic or other inspections of the railway network or of any \r\nrolling- stock used thereon as it may deem necessary; \r\n(w) require licensees to furnish, on a periodical basis, not less than one year, \r\noperating and financial results and such other information as may be necessary; \r\n(x) prescribe fines for contravention of the provisions of this Ordinance, rules, \r\nregulations, decisions and terms and conditions of a license; \r\n(y) make inquiry into the cause of any accident on a railway; \r\n(z) by an order in writing require the attendance before the Authority of any person \r\nand to require answers or returns to such inquiries as the Authority thinks fit; \r\n(za) where the Authority deems it appropriate, obtain loans, grants and make \r\ninvestments; \r\n(zb) where the Authority deems it appropriate, form and hold interests in companies \r\nfor the purpose of facilitating the performance of any power and functions as \r\nmay be imposed on it or transferred under or by, virtue of this Ordinance; and \r\n(zc) perform   any  other  function   or  exercise   power  as  may  be  incidental   or \r\nconsequential to the performance of any of its functions or the exercise of any \r\nof its powers. \r\n (3) The Authority shall impose and collect such fees and other charges in respe ct of its \r\nfunctions as may be determined, from time to time, by the Authority in accordance with the rules. \r\n10. Delegation of powers.― The Authority may, by general or special order, delegate to any \r\nofficer of the Authority the power to exercise on behalf of the Authority any of its powers, duties or \r\nfunctions under this Ordinance subject to such conditions as it may think fit to impose: \r\n \r\nPage 12 of 27 \r\n \r\n Provided  that  the  powers  of  the  Authority  to  grant  licenses  and  to  issue  orders pursuant \r\nto section 22, shall only be exercised in a meeting of the Authority. \r\n___________ \r\n \r\nCHAPTER III \r\nLICENSING \r\n11. Exclusive power to grant licenses.___The Authority shall have the exclusive- power, to be \r\nexercised in the manner prescribed in the rules, to, \r\n(a) determine the licensed section; and \r\n(b) grant, issue, renew, extend, modify, amend, transfer, suspend review, cancel \r\nand reissue, revoke or terminate, a license. \r\n(2) The Authority shall from time to time designate as eligible for provision under a license \r\nsuch services for the carriage of passengers and goods by railway as it may consider appropriate.  \r\n12. Bidding for license. ___ The person in whose favour  a license is to be granted shall be \r\nselected by the Authority following a transparent and competitive bidding process carried out by the \r\nAuthority in accordance with the rules. \r\n13. Rates and approved discount schemes.__(1) A license may include provision with respect \r\nto rates to be charged for railway services. \r\n(2) The Authority shall ensure that in the case of a licensee enjoying a monopolistic position, \r\nthe license contains such provisions necessary for the purpose of securing that any rates which are to  \r\nbe charged are, in the opinion of the Authority, reasonable in all the circumstances of the case. \r\n14. General terms and conditions of licenses.__ (1)  A license  may include  such conditions \r\nas appear to the Authority to be requisite or expedient having r egard to the  powers and functions \r\nimposed on or transferred to the Authority under or by virtue of this Ordinance. \r\n(2) Without prejudice to the generality of subsection (1), a license may provide for. __  \r\n(a) the rendering to the Authority by the licensee of payments of such amounts and \r\nat such intervals as may be specified in, or determined by or under, the license; \r\nor \r\n(b) the payment, from the railway infrastructure fund, to the licensee of such \r\namounts and at such intervals as may be specified in, or determined by or under, \r\nthe license. \r\n(3) All licensees shall pay to the Authority a license fee. \r\n15. Failure to secure subsequent license.__ In any case where,― \r\n(a) a license is terminated or comes to an end; and \r\n \r\nPage 13 of 27 \r\n \r\n(b) no further license has been entered into i n respect of the railway services \r\nformerly provided under that license,  the Authority shall have the power to \r\nsecure .the operation of those railway services until such time as it again begins \r\nto be operated under or by virtue of a license. \r\n16. Railway ad ministration as deemed licensee. ―The railway administration shall be \r\ndeemed to have been granted by the Authority, on a non -exclusive basis, licenses on terms and \r\nconditions to be notified from time to time, by the Authority, in relation to all licensed sections unless \r\na license provides otherwise. \r\n17. Transfer and assignments of licenses. ―(1) No license shall be transferred or assigned \r\nwithout the consent in writing of the Authority. The Authority may consent or refuse the transfer or \r\nassignment of a license. \r\n(2) Any consent under subsection (1) may be subject to such conditions, restrictions and \r\nstipulations as the Authority thinks fit to impose, which may include conditions modifying, or \r\nrequiring or otherwise providing for the making of modifications to, the conditions of the license. \r\n(3) An application for the Transfer or assignment of a license shall be submitted to the \r\nAuthority on the prescribed form and in accordance with the regulations. \r\n(4) An application under subsection (3) shall be accompanied by the prescribed fee, if any. \r\n(5) A transfer or assignment of a license shall have no effect until the Authority has consented \r\nto such transfer or assignment. \r\n___________ \r\n \r\nCHAPTER IV \r\nTRACK ACCESS \r\n18. Directions  by  the  Authority.― (1)  The  Authority  may,  on  application  of  a, licensee, \r\ngive directions to the railway administration requiring it to enter into a track access agreement, but no \r\nsuch directions shall be given if and to the extent that,- \r\n(a) performance of the track access  agreement,  if entered  into, would involve  the \r\nrailway administration in being in breach of a track access agreement; or \r\n(b) as a result of an obligation or duty owed by the railway administr ation which \r\narose before the coming into force of this Ordinance, the consent of some other \r\nperson is required by the railway administration before entering into the track \r\naccess agreement \r\n 19. Approval of track access  agreements.―The  railway  administration  shall not enter into \r\na track access agreement unless it does so pursuant to directions issued under  section  18  and  such  \r\ntrack  access  agreement  has  been  approved  by  the Authority. \r\n \r\nPage 14 of 27 \r\n \r\n20. Amendments to track access agreements. __ (1) Any  amendment, or purported   \r\namendment,   of a track access   agreement   shall be void unless the amendment has been approved \r\nby the Authority. \r\n(2) Subject to subsection (1), the Authority shall have the power to direct or otherwise require \r\namendments to be made to a track access agreement. \r\n___________ \r\n \r\nCHAPTER V \r\nENFORCEMENT \r\n21. Facilities to be afforded to the Authority. ―The licensees shall afford to the Authority \r\nall reasonable facilities for performing the duties and exercising the powers imposed and conferred \r\nupon it under or by virtue of this Ordinance. \r\n22. Securing compliance with decisions etc. ―(1) Where the licensee is contravening or \r\nlikely to contravene any decision, the Authority shall make such order as is requisite for the purpose \r\nof securing compliance with that decision, including but  not limited to an order terminating the \r\nlicensee's license or appointing one or ~nore competent persons to manage the affairs of the licensee \r\nfor purposes of ensuring compliance with the Authority's order. \r\n(2) Before making any order under subsection (1), the Authority shall give notice to the person \r\nagainst whom the order may be directed,- \r\n(a) stating that it proposes to make the order and setting out its effects; \r\n(b) setting   out   the   acts   or   omissions   which   constitute   or   would   constitute \r\ncontraventions of the decision; \r\n(c) setting out any other facts which justify the making of the order; and. \r\n(d) specifying the period within which representations or objections with respect to \r\nthe proposed order may be made, and shall consider any such representations \r\nor objections which are duly made and not withdrawn. \r\n(3) Any person appointed  by the Authority  pursuant  to subsection  (I) shall not be liable  for \r\nany loss  or damages  caused  by any act or omission  where  such  act or omission occurs  in the \r\nperformance of his duties. \r\n___________ \r\n \r\nCHAPTER VI \r\nEMERGENCY \r\n 23. Emergency.__ In the event of any emergency, the Federal Government may, by an order \r\nin writing issued by a Federal Secretary, require the Authority and Authority shall thereby be \r\nempowered to issue directions to any licensee to provide specified number of train services or suspend \r\nthe same, provided that appropriate compensation shall  be  paid  to  the  respective  licensee  by  the  \r\nFederal  Government  through  the Authority. \r\n \r\nPage 15 of 27 \r\n \r\nCHAPTER VII \r\nREGISTERS AND REPORTS \r\n24. Keeping of registers.―The Authority shall, at such pr emises and in such form as it may \r\ndetermine, maintain a register or registers setting out therein,- \r\n(a) every licence; \r\n(b) every track.access agreement, and \r\n(c) every amendment or modification made to a license or track access agreement.  \r\n25. Submission of yearly report, returns, etc. ___The Authority shall submit to the Federal \r\nGovernment, and publish, as soon as possible after the end of every financial year but before the last \r\nday of December the next following year,- \r\n(a) a report on the conduct of its affairs for that financial year, including anticipated \r\ndevelopments for the following financial year; and \r\n(b) a report on the railway industry in Pakistan, insofar as it relates to regulated \r\nactivities, identifying the ownership, operation, mana gement, control, \r\nefficiency and cost of regulated activities and other matters related to regulated \r\nactivities. \r\n__________ \r\n \r\nCHAPTER VIII \r\nBUDGET AND ACCOUNTS \r\n26. Budget and accounts.―(1) The Authority, in respect of each financial year, shall prepare \r\nits own budget in accordance with prescribed procedures and shall maintain complete and accurate \r\nbooks of accounts of its actual expenses and receipts, and of the Railway Regulatory Authority Fund. \r\n(2) The accounts of the Authority shall be audited annually by the Auditor-General of Pakistan \r\nand one or more auditors who are chartered accountants within the meani ng of the Chartered \r\nAccountants Ordinance, 1961 (Ordinance X of 1961); appointed by the Authority in consultation with \r\nthe Auditor-General of Pakistan. \r\n27. Railway Regulatory Authority Fund. ___(1) There shall be a fund to be known as the \r\n“Railway Regulatory Authority Fund ” which shall vest in the Authority and shall be utilized by the \r\nAuthority, to meet its expenses and charges properly incurred in connec tion with the carrying out of \r\nits functions and duties imposed or transferred to it under or by virtue of this Ordinance, including \r\nwithout limitation the payment of salaries and other remuneration to the Chairman, Members, \r\nemployees, experts, consultants and advisors of the Authority. \r\n(2) The Railway Regulatory Authority Fund shall consist of: \r\n(a) seed money of rupees fifty millions by the Federal Government; \r\n(b) charges and fees including license fees assessed and collected by the Authority \r\nto recover the reasonable costs of regulated activities under this Ordinance; \r\n \r\nPage 16 of 27 \r\n \r\n(c) fines  and  other  penalties  imposed  and  collected  by the  Authority  as \r\nspecified under this Ordinance; \r\n(d) proceeds received by the Authority from the sale of data, publications,  \r\nreports,maps, and other information; \r\n(e) loans obtained by the Authority,  with the prior written approval of the Federal \r\nGovernment; and \r\n(f) proceeds of any investments made by the Authority in utilising any amounts of \r\nthe Railway Regulatory Authority Fund which are not required for immediate \r\nuse. \r\n___________ \r\n \r\nCHAPTER IX \r\nPOLICY GUIDELINES \r\n28. Powers of the Federal Government to issue policy guidelines . ___(1) The Federal \r\nGovernment may, as and when it considers necessary, issue policy guidelines to the Authority on \r\nmatters of policy not inconsistent with the provisions of this Ordinance or the rules. The Authority \r\nshall comply with the policy guidelines in the exercise of its powers and functions and in making \r\ndecisions. \r\n(2) Without prejudice to the gene rality of the foregoing, the Federal Government may issue \r\npolicy guidelines in relation to,- \r\n(a) defence traffic. to be carried over the railway network; \r\n(b) restriction on the grant of licenses on considerations of national security; and \r\n(c) continuation  of a minimum number of passenger and goods services on certain \r\nsections of the railway on socio -economic  considerations  provided that the \r\nFederal Government  will pay appropriate  compensation  through  the \r\nAuthority  for running such unremunerative trains to the licensee. \r\n___________ \r\n \r\nCHAPTER X \r\nOFFENCES \r\n29. Offences.___ (1) Any person who,___ \r\n(a) undertakes  any  regulated  activity  in  contravention  of  this  Ordinance,  rule, \r\nregulation or terms of a license; \r\n(b) prevents or obstructs the smooth and efficient running of trains; \r\n(c) prevents, obstructs or interferes with the working of the Authority or any of its \r\nemployees; \r\n \r\nPage 17 of 27 \r\n \r\n(d) commits mischief; \r\n(e) damages, removes, interferes or tampers with any rolling stock, railway inf ra \r\nstructure, or installation; . \r\n(f) other than railways employee or a another person authorised in this behalf by a \r\nlicensee, opens any gate or chain or barrier set up on either side of a level \r\ncrossing, which is closed for the time being to road traffic; \r\n(g) breaks any gate or chain or barrier set up on either side of a level crossing; \r\n(h) is driving a vehicle fails to stop when required to do so or take due care when \r\ncrossing a level crossing; \r\n(i) crosses  a  railway  network  at  place  other  than  a  manned  or  unmanned  \r\nlevel crossing; \r\n(j) sells  articles  of  whatsoever  description  on  any  train  without  the  prior  \r\nwritten consent of the relevant licensee; \r\n(k) assaults  or  intentionally  obstructs  a licensee  from  carrying  out  its  \r\nobligations under a license; \r\n(l) endangers the safety of any person,- \r\n(i) by contravening any provision of this Ordinance or any rule or \r\nregulation notified hereunder; or \r\n(ii) by contravening or not complying with any decision; \r\n(m) provides any information, recorded or documents to the Authority pursuant to \r\na decision of the Authority or otherwise, which information, record or document \r\nis false to the knowledge of the person providing the same; \r\n(n) intentionally obstructs an officer of the Authority in exercise of his functions or \r\npowers under this Ordinance in relation to the inspection of any equipment or \r\nany premises or' enquiry into the causes of an accident; and \r\n(o) aids, abets, counsels, conspires, incites or attempts the commission or omission \r\nof any of fences referred to in clauses (a) to (n) above,  shall be guilty of an \r\noffence under this Ordinance and shall be punishable with imprisonment which \r\nmay extend to five years or a fine of rupees twenty thousand or with both. \r\n(2) If a licensee fails to comply with any provision of this Ordinance, it shall pay the Authority \r\na sum of rupees, twenty thousand and in case of continued default, rupees one thousand for every day \r\nthe default continues. \r\n(3) If a licensee refuses or neglects to comply with any decision o f the Authority, it shall pay \r\nthe Authority a sum of rupees twenty thousand and in case of continued default, rupees one thousand \r\nfor every day the default continues. \r\n \r\nPage 18 of 27 \r\n \r\n(4) No Court shall take cognizance of any offence punishable under subsection (1)  except on \r\na complaint filed in writing by an officer authorised by the Authority. \r\n(5) Where the accused is a company incorporated or registered under the Companies \r\nOrdinance,  1984  (Ordinance  XLVII  of  1984),  every  director,  chief  executive  and officer of such \r\ncompany who knowingly allows the commission of any offence under this Ordinance, shall be liable \r\nto the punishment specified in subsection (1). \r\n(6) Nothing contained herein shall authorise punishment of any person for,- \r\n(a) an  act  or omission  that  was  not  punishable  by law  at the  time  of the  act  \r\nor omission; or \r\n(b) an offence  by a penalty  greater  than or of a kind different from, the penalty  \r\nprescribed by law for that offence at the time the offence was committed. \r\n___________ \r\n \r\nCHAPTER XI \r\nMISCELLANEOUS \r\n30. Power to call for information.___(1)  The Authority may call for any pertinent information \r\nrequired by it for carrying out the purposes of this Ordinance from any person involved, directly or \r\nindirectly in the provision of any regulated activity or any matter incidental or consequential  thereto. \r\nAny person called upon to provide such information shall do so within the period prescribed by the \r\nAuthority and his failure to do so shall be punishable by the imposition of such penalty as may  be \r\nprescribed. \r\n31. Inspection  by public. ___ (1)  Subject to section 37, the Authority shall maintain public  \r\nfiles  that  shall  be  kept  open  in convenient  form  for  public  inspection  and examination during \r\nreasonable business hours, on payment of such reasonable fees as the Authority may prescribe. \r\n(2) Subject   to procedures   and standards   for confidentiality   prescribed   by the Authority, \r\nthe Authority's files shall include all relevant documents to be maintained and indexed as the Authority \r\ndeems fit. \r\n32. Authority hearing.― (1) Unless otherwise expressly provided in this Ordinance or any \r\nrule or regulation, any decision that the Authority has the power to make may be made on its own \r\nmotion or initiative after the holding of a meeting of the Authority, and without giving of notice to the \r\npublic and without holding a hearing: \r\nProvided that, if it appears to the Authority that its decision relating to a regulated activity may \r\ndirectly and adversely affect the rights of a person, the Authority shall, prior  to  reaching  the  decision,  \r\ngive  the person  an  opportunity  of  being  heard, including presentation of evidence relevant to the \r\ndecision. \r\n33. Complaints.___(1) Any interested person may file a written complaint with the Authority  \r\nagainst a licensee, for contravention  of any provision  of this Ordinance, rule, regulation, license or \r\ntrack access agreement. \r\n \r\nPage 19 of 27 \r\n \r\n(2) The Authority shall, on, receipt of a complaint, provide an opportunity to the complainant \r\nas well as to the person against whom  such complaint has been made to state its ease before \r\nmaking a decision thereon. \r\n34. Appeals against order of a delegate.― Any person aggrieved by any order or decision of \r\nthe delegatee of a power delegated by the Authority under section 10 may appeal, wi thin thirty days \r\nof the receipt of such decision or order, to the Authority and the Authority shall hear and decide on \r\nthe appeal within ninety days from the date of its presentation. \r\n35. Review of Authority decision.― The Authority may review, rescind, change, alter or vary \r\nany decision, or may rehear an application before deciding it in the event of a change in circumstances \r\nor the discovery of evidence which in the opinion of the Authority, could not have reasonably been \r\ndiscovered at the time of the decision, or (in the case of a rehearing) at the time of the original hearing \r\nif consideration of the change in circumstances or of the new evidence would materially alter the \r\ndecision. \r\n36. Recovery of arrears.___ All fees, fines or other amounts due or payable to the \r\nAuthority may be recovered as arrears of land revenue. \r\n37. Confidential information.― (1) Except as provided under the regulations, no person shall \r\ncommunicate or allow to be communicated any record, return or information obtained under this \r\nOrdinance to a person not legally entitled to that information or allow any person not legally entitled \r\nto that record, return or information to have access to any record, return or information obtained under \r\nthis Ordinance. \r\n(2) A person who knowingly receiv es the record, return or information obtained under this  \r\nOrdinance  shall  hold  the  record,  return,  or  information  subject  to  the  same  restrictions under \r\nsubsection (1) as apply to the person from whom the record, return or information was received. \r\n38. Immunity.― Except as expressly provided in this Ordinance, no suit, prosecution or other \r\nlegal proceedings shall lie against the Authority, the Chairman or any member, employee, expert, \r\nconsultant or advisor of the Authority in respect of anything done or intended to be done in good faith \r\nunder this Ordinance, the rules or regulations. \r\n39. Winding-up of the Authority.―No provision of any law relating to winding-up of body \r\ncorporates shall apply to the Authority. The Authority shall only be wound up by Ordinance or Act of \r\nParliament. \r\n40. Power to make rules. ―(1) The Authority may, with the approval of the Federal \r\nGovernment, which approval shall not be unduly delayed or unreasonably withheld, make rules for \r\ncarrying out the purposes of this Ordinance.  On approval of rules by the Federal Government, the \r\nFederal Government shall notify the same in the official Gazette. \r\n(2) Without  prejudice  to  the  generality  of  the  foregoing  powers,  such  rules  may provide \r\nfor all or any of the following matters, namely:- \r\n(a) determination  (where  applicable)  of  rates,  terminals  and  tariffs  for  \r\nregulated activities. \r\n \r\nPage 20 of 27 \r\n \r\n(b) the  terms  and  conditions  for  the  grant,  extension,  modification,  amendment, \r\nissuance,  renewal,  suspension,  review,  cancella tion  and reissue, revocation \r\ntermination or transfer of a licence and including prov ision of information or \r\nrecords; \r\n(c) provision of fines and penalties for offences and contravention of this \r\nOrdinance, the rules, the regulations and terms and conditions of licenses; \r\n(d) promoting fair competition; \r\n(e) inspection and audit of regulated activities; (f) review of the decisions of the \r\nAuthority; \r\n(g) abandonment of a regulated activity; \r\n(h) access and inspection by the Authority of the regulated activities and provision \r\nof penalties for preventing the Authority to carry out inspection; \r\n(i) levy of fees; \r\n(j) enforcing the terms and conditions of licences and decisions of the Authority; \r\nand \r\n(k) any other matter incidental or consequential to the implementation of the \r\npurposes of the Ordinance. \r\n(3) The power to make rules conferred by this section, except for the first occasion, shall be \r\nsubject to the condition of previous publication. \r\n41. Power to make regulations.___ (1)  The  Authority  may,  by  notification  in  the official \r\nGazette, make regulations, consistent with the provisions of this Ordinance or the rules, for the \r\ncarrying out of its functions under this Ordinance. \r\n(2) In particular and w ithout prejudice to the generality of the foregoing powers, such \r\nregulations may provide for all or any of the following matters, namely:- \r\n(a) maintenance  and  submission  of  records  by  any  person  involved  directly  \r\nor indirectly in a regulated acti vity and the inspection of the records by the \r\nAuthority; \r\n(b) establishment   of  technical   standards   and  their  monitoring   for  the  design, \r\nconstruction, testing, operation, maintenance and abandonment of a regulated \r\nactivity; \r\n(c) administration of the Railway Regulatory Authority Fund; (d) procedure for \r\ncarrying out bidding for licenses; \r\n(e) procedure for closing and opening a section of the railway network; \r\n(f) establishment  of terms and conditions of employment and remuneration \r\npolicies for staff, consultants and advisors of the Authority; \r\n \r\nPage 21 of 27 \r\n \r\n(g) procedure for resolving disputes amongst the licenses and the signatories to the \r\ntrack access agreement; \r\n(h) rules of practice, processes and procedures for carrying out the functions of the \r\nAuthority; \r\n(i) limitation of employment of railway employees; \r\n(j) procedure for appeal of decisio n or  order made by delegatees pursuant to \r\nsection10: \r\n(k) prescription of forms and procedures for an application for a regulated activity \r\nand the time for submission; \r\n(l) procedure for sanctioning the use of rolling stock on the railway network; and \r\n(m) any  other  matter  incidental  or  consequential  to  the  implementation  of  the \r\nfunctions of the Authority. \r\n42. Ordinance to override other laws.― (1) The provisions of this Ordinance, the rules and \r\nthe regulations, and any licences issued hereunder shall have effect notwithstanding   anything  to  the  \r\ncontrary  contained  in  any  other  law,  rule  or regulation, for the time being in force, and any such \r\nlaw, rule or regulation shall, to the extent of any inconsistency, cease to have any effect on the \r\ncommencement of this Ordinance  and the Authority  shall, subject to the provisions  of this Ordinance,  \r\nbe exclusively empowered to determine the matters in its jurisdiction as set out in this Ordinance. \r\n(2) Nothing in this Ordinance,  or any repeal or amendment  effected thereby, shall affect or \r\nbe deemed to affect anything done, action taken, proceedings commenced, directions given, \r\ninstruments executed or orders, rules or regulations issued under or in pursuance of any law repealed \r\nor amended by this Ordinance and any such things, actions, proceedings, directions, instruments or \r\norders shall, if in force on the commencement  of this Ordinance, cont inue to be in force and have \r\neffect as if the same were respectivel y done, taken, commenced, given executed or issued under this \r\nOrdinance. \r\n43. Certification of public purpose for  compulsory acquisition of land. ― The Authority \r\nmay in the manner and on such  terms and conditions, as may be prescribed in the rules, on an \r\napplication by a licensee, certify that the requirement of a licensee to acquire a property is for a public \r\npurpose. For the purposes of the Land Acquisition Act, 1894 (Act I of 1894), the cer tificate of the \r\nAuthority shall be conclusive proof that the proposed acquisition for such licensee is for a public \r\npurpose. \r\n____________ \r\n \r\nCHAPTER XII \r\nAMENDMENTS, SAVINGS etc. \r\n44. Amendment of laws and savings .―(1) The provisions of the laws mentioned in the \r\nSecond Schedule shall stand amended to the extent specified therein. \r\n \r\nPage 22 of 27 \r\n \r\n(2) The Federal Government may from time to time, by notification in the official Gazette, \r\ndeem such rules and regulations made and notified under the Act as rules and regulations mad e and \r\nnotified under this Ordinance: \r\n45. Removal of difficulties.___ If any difficulty arises in giving effect to any provision of \r\nthis Ordinance, the Federal Government may make such order not inconsistent with the provisions of \r\nthe Ordinance, as may appear to it to be necessary for the purpose of removing the difficulty, provided \r\nthat no such order shall be made after the expiry of two years from the promulgation of this Ordinance. \r\n________________ \r\n \r\nFIRST SCHEDULE \r\n(See subsection (3) of section 1) \r\nIn Part I of the Second Schedule, in paragraph 1  \r\n(a)  in subparagraph (2), clause (g) of section 3, sections 4, 5, 6, 16, 17, 18, 19, 20, \r\n21,22 , 23, 24, 25, 42B, 43, 44, 47, 52, 71A, 71B, 71C; 71D, 71E, 71F, 71G and \r\n71H; \r\n(b) in subparagraph (6), clause (a) and sub-clause (ii) of clause (b); \r\n(c)  in subparagraph (7), sections 53, 54, 62, 72, 84, 85, 94, 134; and  \r\n(d)  subparagraphs (9), (10), and (17) (sic) \r\n___________ \r\n \r\nSECOND SCHEDULE \r\n(See section 44) \r\nENACTMENTS AMENDED \r\nPART I \r\n1. In the Railways Act, 1890 (IX of 1890)― (1) for section 3, the following shall be substituted, \r\nnamely:― \r\n“3. Definitions.― In this Act, unless there is anything repugnant in the subject or context,  \r\n(a) “accident” means as defined in the Ordinance;  \r\n(b) “Authority” means as defined in the Ordinance; \r\n \r\nPage 23 of 27 \r\n \r\n(c) “Collector” means the chief officer in charge of the land-revenue administration \r\nof a district, and includes any officer specially appointed by the Provincial \r\nGovernment to discharge the functions of a Collector under this Act; \r\n(d) “ferry”  includes  a bridge  of boats, pontoons  or rafts, a swing  bridge,  a flying \r\nbridge and a temporary bridge, and the approaches to, and landing places of, a \r\nferry; \r\n(e) 'goods” means as defined in the Ordinance; \r\n(f) “inland water” means any canal, river, lake or navigable water; \r\n(g) “Inspector” means an Inspector of Railways appointed under this Act;  \r\n(h) “license” means as defined in the Ordinance \r\n(i) “licensee” means as defined in the Ordinance; \r\n(j) “one kilogram ” means a weight of one thousand grams, each gram being a \r\nweight of  one thousand milligrams; \r\n(k) “Ordinance” means the Railway Regulatory Authority Ordinance, 2002 (XCII \r\nof 2002); \r\n(l) “pass” means an authority given by a licensee, or by a person appointed by such \r\nlicensee in this behalf, and authorizing the person to whom it is given to travel \r\ngratuitously on a train operated by that licensee; \r\n(m) “railway” means a railway, or any portion of a railway, for the public carriage \r\nof passengers, animals or goods, and includes - \r\n(i) all and within the fences or other boundary -marks indicating the limits \r\nof the land appurtenant to a railway; \r\n(ii) all lines of rails, sidings,  or branches  worked  over for the purposes  of, \r\n.or in connection with, a railway; \r\n(iii) all stations, offices, warehouses, wharves, workshops manufactories, \r\nfixed plant and machinery and other works constructed for the purposes \r\nof, or in connection with, a railway: \r\n(iv) all farries, ships, boats and rafts which are used on inland waters for the \r\npurposes of the traffic  of a railway  and belong  to or are hired  or \r\nworked  by the authority administering the railway; and \r\n(v) railway infrastructure, as defined in the Ordinance \r\n(n) “railway administration” means as defined in the Ordinance; \r\n(o) “railway company” includes any persons, whether incorporated  or not, who are \r\nowners or lessees of a railway or parties to an agreement for working a railway; \r\n \r\nPage 24 of 27 \r\n \r\n(p) “railway employee” means as defined in the Ordinance; \r\n(q) “rate” includes any fare, charge or other payment for the carriage of any \r\npassenger animal or goods; \r\n(r) “rolling-stock” means as defined in the Ordinance; \r\n(s) “terminals”  includes  charges  in  respect  of  station s,  sidings.  wharves,  \r\ndepots, warehouses, cranes and other similar matters and of any services \r\nrendered thereat;  \r\n(t) “through traffic” means traffic which is carried over the railways of two or more \r\nrailway administrations;  \r\n(u) “ticket” includes a single ticket, a return ticket and a season ticket;  \r\n(v) “traffic” includes rolling -stock of every description, as well as passengers, \r\nanimals and goods; and \r\n(w) “tramway” means a tramway constructed under the Tramways Act 1886 (XI \r\nof1886), or any special Act relating to tramways. ”; (2) clauses (g) and (o) of \r\nsection 3, sections 4, 5, 6, 16, 17, 18, 19, 20, 21, 22, 23, 24,  25, 42, 42A, 42B, \r\n43, 44, subsection (2) of sections 46, 46A, 47, 48, 49, 50, 51, 51A,  52, 71A, \r\n71B, 71C, 71D, 71E, 71F, 71G, 71 H, 88, 90 and 91 shall be omitted; \r\n(3) for the words “railway servant” wherever occurring the words “railway employee” shall be \r\nsubstituted; \r\n(4) in sections 7, 8, 9, 10,.11, 12, 13, 14, 15, 45, 46, 53, 54, 55, 56, 57, 58, 59, 60, 61,62, 63, \r\n64, 65, 66, 68, 69, 71, 72, 73, 74, 75, 76, 77, 78, 80, 82A, 85, 108, 109, 111,112, 113, 113A, 114, 115, \r\n118, 119, 122, 125, 130A, 136, 137, 138, 140, 141 and 148, for the words “railway administration:  or \r\n“administration”  wherever occurring, the word “licensee” shall be substituted; \r\n(5) in section 7,― \r\n(a) in sub-section (1) \r\n(i) for words and commas “and subject also, in the case of a railway \r\ncompany, to the provisions of any contract between the company and \r\nthe Government, a railway  administration may, for the purpose of \r\nconstructing a railway or the accommodation or  other  works connected  \r\ntherewith,  and  notwithstanding  anything  in  any  other enactment for \r\nthe time being in force” the words and commas “and subject also, in the \r\ncase of licensees, to the p rovisions of their  licence, a railway or the \r\naccommodation or other works connected therewith, and   \r\nnotwithstanding anything   in  any  other enactment for the time being \r\nin force” shall be substituted; and \r\n(ii) for clause (f), the following shall be substituted, namely:- \r\n“(f) subject  to  the  terms  of  a  licence,  do  all  other  acts  necessary  for  making, \r\nmaintaining, altering or repairing and using the railway”; and \r\n \r\nPage 25 of 27 \r\n \r\n(b) for sub-section (2), the following shall, be substituted, namely:― \r\n “(2) The exercise of the pow ers conferred on a licensee by subsection (1) shall be subject to \r\nthe control of the Federal Government or, the Authority, as the case may be. “, \r\n (6) in section 9― \r\n(a) in sub-section (1), for the words “Federal Government” the word “Authority” \r\nshall be   substituted; and \r\n(b) in sub-section (2),― \r\n(i) after the word “Government” occurring for the first time, the word and \r\ncomma “or the    Authority, as the case may be” shall be inserted; \r\n(ii) for the words “Federal Government” occurring for the second and third \r\ntime, the word    “Authority” shall be substituted; and \r\n(iv) after the word “ sub-section” the words “or a license” shall be inserted. \r\n(7) in sections 13,46, 53, 54, 55, 62, 63, 72, 84, 85, 87, 89, 92, 93, 94, 95, 96, 98, 134 and 136, \r\nfor the words “Federal Government” or “Government” wherever occurring the word “Authority” shall \r\nbe substituted. \r\n(8) after section 14, the following new section shall be inserted, namely:― \r\n“14A. The term “licensee” as used in this Chapter means the railway administration or such other \r\nlicensee who is the holder of an integrated licence the terms of which shall make it the duty of such \r\nlicensee to carry out the functions set out in this Chapter.”, \r\n(9) in section 54, in subsection (1), for the words “this Act or with any general rule there under” \r\nthe words “with its powers and functions” shall be substituted; \r\n(10) in, section 71, in subsection (1), for the words figures, commas, brackets and letter “under  \r\nsection  47, subsection  (1), clause  (d)”  the words “by rules”  shall  be substituted; \r\n(11) in Chapter VII, for the title the following shall be substituted, namely: ― \r\n“RESPONSIBILITY OF LICENSEES AS, CARRIERS” \r\n(12) in section 72, in subsection (1), after the word “Act” occurring for the first time, the words \r\n“and the Ordinance” shall be inserted; \r\n(13) for section 83, the following shall be substituted, namely:― \r\n “83. Report of the railway accidents.―When any of the following accidents occur in the course \r\nof working a railway, namely:-- \r\n(a) any accident attended with loss of human life, or with grievous hurt as defined \r\nin the Pakistan Penal Code (Act XLV of 1860), or with serious injury to \r\nproperty, \r\n \r\nPage 26 of 27 \r\n \r\n(b) any collision between trains of which one is a passenger train \r\n(c) the derailment of any train carrying passengers or of any part of such train; \r\n(d) any accident of a description usually attended with loss of human life or with \r\nsuch grievous hurt as aforesaid or with serious injury to property; and \r\n(e)  any other accident which the Federal Government on advice of the Authority \r\nmay notify in this behalf in the  official Gazette; the licensee working in the \r\nrailway and, if such accident happens to a train belonging to any other licensee, \r\nthe other licensee also shall, withou t unnecessary delay, send notice of the \r\naccident to the Federal Government and the Authority and the station - master  \r\nnearest  to the  place  at which  the  accident  occurred  or,  where  there  is no \r\nstation-master, the railway employee incharge of that section of the railway on \r\nwhich the accident occurred shall, without unnecessary delay, give notice of the \r\naccident to the  nearest  Judicial  Magistrate,  in  which  the  accident  occurred;  \r\nand  the  officer incharge of the police station within the lo cal, limits of which \r\nit occurred,  or to such other Magistrate and police officer the Federal \r\nGovernment appoints in this behalf.”; \r\n(14) in section 84, \r\n(a) after the word “Act” a comma and the words “, the Ordinance” shall be inserted; \r\nand \r\n(b) in  clause   \r\n(c) for  the  word  “Inspectors”  the  words  “the  Authority”  shall  be substituted; \r\n(15) in section 87, for the words “a railway company” the words “the railway administration  \r\nand a licensee  who is the holder of an integrated  license”  shall be substituted; \r\n(16) in sections 89, 92, 93 to 98, for the words “railway company” wherever occurring the \r\nword “licensee” shall be substituted; \r\n(17) in section 92, the words and figure “section 52 or” shall be omitted: \r\n(18) in  section  93, for the  word  “wagon  or truck”  wherever  occurring  the  words “rolling \r\nstock” shall be substituted;  \r\n(19) in section 101,―(a) in clause (a), after the word “Act” the words “or Ordinance” shall be \r\ninserted; and(b) after clause (d), the foll owing shall be added, namely: ―“(e) by disobeying any \r\nprovision of this Act or the Ordinance,”; \r\n(20) in section 103, after the figure “84” the words “or the Ordinance” shall be added; \r\n(21) in  section  105,  after  the  word  “Act”  the  words  “or  the  Ordinance”  shall  be inserted; \r\n(22) in section 120, for the words “railway carriage ” the words “rolling stock” shall be \r\nsubstituted; \r\n \r\nPage 27 of 27 \r\n \r\n(23) in  section  134,  in  subsection  (1),  after  the  word  “Act”  the  words  “or  the Ordinance” \r\nshall be inserted, and \r\n(24) for section 147, the following shall be substituted, namely:― \r\n“147. Power to exempt railway from the operation o f the provisions of the Act. ―The \r\nProvincial   Government,   in  relation    to  sections   8A   and   11,    and   the   Federal Government  \r\nor  the  Authority,  as  the  cas e  may  be,  in  relation  to  the  remaining provisions of the Act, may, \r\nby notification in the official Gazette, exempt any railway from the operation thereof”. \r\nPART II \r\n 2. In the Pakistan Railways Police Act, 1977 (VII of 1977),- \r\n (1) for the preamble, the following shall be substituted, namely:― \r\n “Whereas it is expedient to provide for the constitution and regulation of the Pakistan Railways \r\nPolice for the safety of passengers and goods transported by licensees, the protection   of   Railway,    \r\nthe   prevention,   inquiry   and   investigation   of   offences committed in relation to Railway and for \r\nthe matters connected therewith;”; \r\n (2) in section 2, after clause (j), the following shall be inserted:―  \r\n “(ja)  “railway  employee”   means  railway  employee   as  defined  in  the  Railway Regulatory \r\nAuthority Ordinance, 2002 (XCII of 2002)”; \r\n (3) for the words “railway servant” wherever occurring the words, “railway employee” shall \r\nbe substituted; \r\n (4)  in  section  9,  in  subsection  (3),  f or  the  words  “Pakistan  Railways ”  the  word   \r\n“Railway” shall be substituted; \r\n (5) in section 15, the words “the Chief Executive or” shall be omitted; and \r\n (6) for section 18, the following shall be substituted, namely: __ \r\n “18. Power to make regulations.―The Inspector -General may, with the prior approval in \r\nwriting of the Federal Government, make regulations consistent with this Act and the rules”. \r\n \r\n_____________",
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