Railways Act, 1933

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Discontinuance of train services.

9.—(1) In this section the expression “service of trains” means a service of trains in respect of which the railway company running such service wishes, for the purposes of more economical working, to provide by means of road transport such transport facilities as are required by the traffic theretofore carried by such service.

(2) Subject to the provisions of this section, the Minister may by order made on the application of a railway company either—

(a) authorise such railway company, notwithstanding any statutory, contractual, or other obligation to the contrary, to terminate wholly a service of trains run at the date of such application over any specified railway line or section of railway line owned or operated by such company, or

(b) authorise such railway company notwithstanding any statutory contractual, or other obligation to the contrary to reduce in such manner and to such extent as shall be specified in such order a service of trains run at the date of such application, by such railway company over any specified railway line or section of railway line owned or operated by such company.

(3) The Minister shall not make an order under this section unless he is satisfied that the railway company on whose application such order is made has lawful authority by statute, order, licence, or otherwise to carry on a road transport service affording to the public transport facilities constituting (for the purposes of the traffic carried by the railway services authorised by such order to be discontinued) an adequate substitute for those services and that such railway company has given sufficient public notice of the establishment or intention to establish such road transport service.

(4) Whenever the Minister makes an order under this section the following provisions shall have effect in respect of the railway line or section of railway line to which such order relates, that is to say:—

(a) it shall be lawful for the railway company owning or operating such railway line or section of railway line, notwithstanding any statutory, contractual, or other obligation to the contrary, either (as the terms of such order may be) to cease to run any trains on such railway line or section of railway line or to reduce in the manner and to the extent specified in such order the service of trains on such railway line or section of railway line;

(b) such order shall not relieve from or affect any liability of such railway company to maintain all bridges level crossings, fences, drains, and other works constructed and maintained for the use, accommodation, or protection of the public generally or of any section of the public or of the owners or of occupiers of particular lands;

(c) where such order authorises such railway company to cease to run any trains whatsoever on such railway line or section of railway line, so much of section 47 of the Railways Clauses Consolidation Act, 1845 , as makes it obligatory on a railway company to employ proper persons to open and shut gates at a level crossing shall not apply to any level crossing on such railway line or section of railway line if and so long as all the gates of such level crossings are kept and secured in such position as to permit the free passage of road traffic across such line at such crossing;

(d) all employees of such railway company who are dismissed on account of their services being rendered redundant by steps taken by such railway company under the authority or in anticipation of such order shall be entitled to be paid by such railway company compensation in accordance with the provisions of the Second Schedule to this Act and the provisions of the Third Schedule to the Principal Act as amended by the Railways (Existing Officers and Servants) Act, 1926 (No. 25 of 1926) relating to arbitration shall apply to all claims for compensation made against any railway company under this Act in like manner as such provisions apply to claims for compensation made against the amalgamated company under those Acts;

(e) such railway company may transfer to any road transport business or any other undertaking owned or controlled by such railway company any employee whose services are rendered redundant by steps taken by such railway company under the authority of such order and, unless such transfer is refused by such employee on reasonable grounds, or any such employee so transferred is dismissed for any cause other than inefficiency or misconduct within two years from the date on which he is so transferred, no employee so transferred shall be deemed to be dismissed for the purposes of the foregoing paragraph.

(5) Save as authorised under this section, no railway company shall reduce or alter the railway service run over their railway line or any section thereof to such extent or in such manner as to afford facilities for the transport of passengers, merchandise, or mails substantially less in proportion to the traffic for the time being available for transport by rail than the facilities for such transport given by the railway service run over such line or section during the first seven days of the month of January, 1933.