The Railway Stores (Unlawful Possession) Ordinance, 1944 (Ordinance No. XIX of 1944)

Updated: Tuesday October 06, 2015/AthThulatha Thoul Hijjah 23, 1436/Mangalavara Asvina 14, 1937, at 12:03:38 AM

The Railway Stores (Unlawful Possession) Ordinance, 1944

¹ORDINANCE No. XIX OF 1944

[13th May, 1944]

An Ordinance to make special provision for the punishment of the offence of unlawful possession of railway stores.

WHEREAS an emergency has arisen which renders it necessary to make special provision for the punishment of the offence of unlawful possession of railway stores;

Now, THEREFORE, in exercise of the powers conferred by section 72 of the Government of India Act, as set out in the Ninth Schedule to the Government of India Act, 1935 (26 Geo 5,c.2.), the Governor General is pleased to make and promulgate the following Ordinance:---

1. Short title, extent and commencement.^__(1) This Ordinance may by called the Railway Stores (Unlawful Possession) Ordinance, 1944.

²[(2) it extends to the whole of Pakistan].

(3) it shall come into force at once.

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¹The Ordinance has been applied to^__

(i) Baluchistan, see Gazette of India, 1944, Pt. I, p. 764;

(ii) the Tribal Areas beyond the N.W.F.P., see ibid.

²Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the original sub‑section (2), as amended by A. O., 1949.

2. Definitions. In this Ordinance ¹* * * “railway stores” includes any article used or intended to be used in the construction, operation or maintenance of a railway.

3. Unlawful possession of railway Stores. Whoever is found or is proved to have been in possession of any article of railway stores shall, if the Court sees reasonable grounds for believing such article to be or to have been the property of the administration of any ²* railway, unless he proves that the article came into his possession lawfully, be punishable with imprisonment for a term which may extend to five years or with fine or with both.

¹The original inverted commas, words and commas “Federal railway” has the meaning assigned to it in the Government of India Act, 1935 and” omitted by A.O., 1961, Art.2 and Sch. (with effect from the 23^rd March, 1956).

²The original word. “Federal” omitted ibid.(with effect from the 23rd March, 1956).