¹ [181. Executive Authority in Respect of Railways to Be Exercised By Federal RailwayAuthority

(1) The executive authority of the Federation in respect ofthe regulation and the construction, maintenance and operation of railways shallbe exercised by a Federal Railway Authority (hereinafter referred to as"the Authority"),

(2) The said executive authority extends to the carrying onin connection with any Federal railways of such undertakings as, in the opinionofthe Authority, it is expedient should be carried on in connection therewithandto the making and carrying into effect of arrangements with other personsfor thecarrying on by those persons of such undertakings:

Provided that, as respects their powers under thissub-section, theAuthority shall be subject to any relevant provisions of anyFederal, Provin-cial or existing Indian law, and to the relevant provisions ofthe law of anyFederated State, but nothing in this sub-section shall beconstrued as limitingthe provisions of Part VI of this Act regulating therelations of the Federa-tion with Provinces and States.

(3) Notwithstanding anything in this section, the FederalGovernmentor its officers shall perform in regard to the construction,equipment, andoperation of railways such functions for securing the safety bothof membersof the public and of persons operating the railways, including theholdingof inquiries into the causes of accidents, as in the opinion of theFederalGovernment should be performed by persons independent of the Authorityandof any railway administration.

So much of Part X of this Act as provides that powers inrelation torailway services of the Federation shall be exercised by theAuthority shallnot apply in relation to officers of the Federal Governmentemployed in theperformance of any of the functions mentioned in thissub-section.

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1. Omitted, by the India (Provisional Constitution)Order, 1947.