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Section 195 - Construction and Re-construction of Railways in Government of India Act, 1935 [Repealed]

snapp 195 GOIA[ 1935 0 Notes

Construction and Re-construction of Railways.

1 [195. Construction and Re-construction of Railways

(1) The Governor-Central acting in his discretion shall make rules requiring the Authority and any Federated State to give notice in such cases as the rules mayprescribe of any proposal for constructing a rail-way or for altering the alignment or gauge of a railway, and to depositplans.

(2) The rules so made shall contain provisions enabling objections to be lodged by the Authority or by a Federated State on the ground that the carrying out of the proposal will result in unfair or uneconomic competition with a Federal railways or a State railway, as the case may be, and, if an objection so lodged is not withdrawn within the prescribed time, the Governor-General shall refer to the Railway Tribunal the question whether the proposal ought to be carried into effect, either without modification or with such modification as the Tribunal may approve, and the proposal shall not be proceeded with save in accordance with the decision of the tribunal.

(3) This section shall not apply in any case where the Governor-General in his discretion certifies that for reasons connected with defence effect should, or should not, be given to a proposal.

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

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