Government Railways Act Amendment Act 1948 (WA)

No. 78.] Government Railways. [1948.

GOVERNMENT RAILWAYS.

12' and 13° GE°. VI., No. LXXVIII.

No. 78 of 1948.

AN ACT to amend the Government Railways Act,

1904-1947.

[Assented to 25th January, 1949.1

B E it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title. 1.

This Act may be cited as the Government Rail- ways Act Amendment Act, 1948, and shall be read as one with the Government Railways Act, 1904-1947 (Act No. 23 of 1904, as amended by Acts Nos. 29 of 1907, 56 of 1926, 36 of 1933, 15 of 1939 and 72 of 1947), hereinafter referred to as the principal Act.

Commence.

ment. 2.

This Act shall come into operation on a day to be fixed by proclamation.

Citation of

principal Act 3. The principal Act as amended by this Act may be

by this Act. as amended cited as the Government Railways Act, 1904-1948.

1948.] Government Railways. [No. 78.

4. Section one of the principal Act is amended by— °Apeteut

(a) substituting for the words

PART IL—THE COMMISSIONER OF RAILWAYS,

ss. 7-15.

in line five the following:

PART IL—DIRECTION AND MANAGEMENT OF

THE WESTERN AUSTRALIAN GOVERNMENT

RAILWAYS, ss. 7-15A.

Division 1—The Western Australian Gov-

ernment Railways Commission, ss. 7-15.

Division 2—Abolition of the body corpor-

ate by the name of the Commissioner

and transfer of functions, powers,

rights, benefits and obligations, s. 15A.

(b) substituting for the words

PART III.—THE MANAGEMENT, MAINTENANCE

AND CONTROL OF RAILWAYS, SS. 16-53. in lines six and seven, the words

PART III.—THE DIRECTION, MANAGEMENT, MAINTENANCE, AND CONTROL OF THE WESTERN AUSTRALIAN GOVERNMENT RAILWAYS, SS. 16-53.;

(c) substituting for the figure "54" in line eight the

figure and letter "53A";

(d) substituting for the figure "84" in line eleven,

the figure "91".

5. Section two of the principal Act is amended by— AerseAdment

(a)	substituting for the words "Commissioner of Railways for the time being" in lines four and five the words "body corporate con- stituted under the provisions of the Govern- ment Railways Act, 1.904 -1947";
(b)	inserting a definition before the word "Depart- ,2162,3sli.

ment" in line six as follows:

"Commission" means the body corporate by the name of the Western Australian Government Railways Commission, constituted pursuant to the provisions of the Government Railways Act, 1904- 1947, as amended by the Government Railways Act Amendment Act, 1948.

No. 78.] Government Railways. [1948.

(c) inserting after the word "luggage" in line eight the words "including passengers' luggage,".

Genera	l
amend	ments. 6. The principal Act is amended by— (a) substituting for the word "Commissioner"

wherever it appears the word "Commission" and effecting consequential. grammatical alterations;

(b) inserting before the word "Board" wherever it refers to the "Appeal Board" constituted pursuant to the provisions of section seventy of the principal Act the word "Appeal".

Amendment

of s. 4.	7. Section four of the principal Act is amended by
1945, s. 3.

Of. No. 41 of (a) inserting before the word "All" in line one the

figure one in brackets thus " (1) ";

(b) adding after the words "His Majesty" in line

two a subsection as follows:

. (2) The Minister of the Crown to whom the Administration of this Act is, for the time being committed by the Governor shall be a body corporate under the name "Minister for Western Australian Govern- ment Railways" with perpetual succession and a common seal.

Amendment

of 29 of 1907.	8. The Government Railways Amendment Act, 1907
ss. 17, 18 and

19.              (Act No. 29 of 1907), is amended by

(a)	inserting after the word "railway" in section seventeen, line two, the words "or Govern- ment Railway";
(b)	substituting for the words "the principal" in section eighteen, line five, the word "this," and
(c)	substituting for section nineteen the follow-

ing:—

Subject to the provisions of this section the provisions of this Act shall apply to district railways.

1948.] Government Railways. [No. 78.

9.    The principal Act is amended by inserting after New s 4A.

section four, as section four A, sections sixteen, seven- teen, eighteen and nineteen of Act No. 29 of 1907, as amended by the last preceding section, renumbered as subsections (1), (2), (3) and (4), respectively, of section four A.

Amendment

10.	The principal Act is amended by—	of headnoto
to Part II.

(a) substituting for the words—

PART II.—THE COMMISSIONER OF RAILWAYS.

immediately preceding section seven, the

words

PART II.—DIRECTION AND MANAGEMENT OF THE WESTERN AUSTRALIAN GOVERNMENT RAILWAYS.

Division 1—The Western Australian Gov-

eminent Railways Commission.

Repeal of se.

(b) repealing sections seven to thirteen, both inclus- 7-13, and substitution

ive, and by inserting in their stead the fol-	of se. 7-8.
lowing :-
New s. 7.

7. (1) For the purposes of this Act there shall be constituted a Commission under the name of The Western Australian Govern-. ment Railways Commission.	Commission.
(2) The Commission shall be the per- manent head of the Department, and, sub- ject to the Minister, except as provided in section sixty-eight of this Act, shall be responsible for the administration of this Act.	Cf. No. 38 of
1928, s. 8.

(3) The Commission shall consist of Constitution of Commis-

three persons appointed by the Governor sion.

as members, as to one, as Commissioner, of the Western Australian Government Rail- ways, as to each of the other two, as an Assistant Commissioner of the Western Australian Government Railways.

(4) The person appointed to the office of Qualifications for appoint-

Commissioner shall have a comprehensive ment to	office of Com-
knowledge and experience in the manage-	missioner.
ment, maintenance and control of railways

No. 78.] Government Railways. [1948.

Qualifications

for appoint-	(5)	One of the persons appointed to one
ment to one

office of	of the offices of Assistant Commissioner
Assistant
Commissioner.	shall have a comprehensive knowledge and experience in the conduct of the commer- cial, traffic and accounting aspects of the business of the management, maintenance and control of railways.
Qualifications

for appoint-	(6)	One of the persons appointed to one
a ent to other

office of	of the offices of Assistant Commissioner
Assistant
Cm/Ind-stoner.	shall be a qualified engineer and have a comprehensive knowledge and experience of engineering in relation to the manage- ment, maintenance and control of railways.

Members of	(7) Subject to the provisions of this
Commission

Permanently	section, each person appointed to an office
employed
officers of the	on the Commission as a member shall hold
Department.
that office subject to the provisions of this Act relating to and as a permanently employed officer of the Department.
Circumstances

in which	(8) (a) If any member of the Commis-
office on

commission	sion
becomes

vacant.	(i)	is absent from his duties for a period of at least one month without the consent of the Minis- ter ;
(ii)	becomes of unsound mind, or is declared, under the provisions of any law for the time being relat- ing to mental infirmity, incapable of managing his affairs ;
(iii)	becomes bankrupt or avails him- self as a debtor of any law for the relief of bankrupt debtors;
(iv)	resigns, attains the age of sixty-

five years, or dies;

(v)    participates or claims to be entitled to participate in the profit of or in any commission, benefit, or emolument arising from any con- tracts or agreements made under the provisions of this Act by or on behalf of the Government,

1948.] Government Railways. [No. 78.

Cf. Act No. 19

other than such as are referred

of 1899, s. 35

as amended

to in section thirty-five of the

by Act No. 52

Constitution Acts Amendment

of 1945, s. 2.

Act, 1899;

(vi) is guilty of misbehaviour or of

incapacity,

his office on the Commission shall, subject to the succeeding paragraphs of this sub- section, become vacant.

(b) In any of the cases referred to in subparagraphs (i), (iii), (v) or (vi) of the	13, ss. (2) of
Formerly 5.
No. 23 of
1904.
last preceding paragraph, the member con- cerned shall be suspended from his office by the Governor, and thereupon the Minister shall cause to be laid before Parliament a full statement of the grounds of suspension within seven days after the suspension, if Parliament is sitting, or if Parliament is not sitting, within seven days after the commencement of the next session.

(c) The occupant of any of the offices of Formerly 5.

13, ss. (3) of

Commissioner or Assistant Commissioner, No. 23 a

to the provisions of this section, shall not

be restored to office unless each House of

when suspended from that office pursuant 1904. on which the statement has been laid before it, declares by resolution that he ought to be restored.

(d) If each House of Parliament within framserILLof

that time so declares, the occupant so '2,613 of

suspended shall be restored by the Gover-

nor accordingly, but otherwise may be

removed from office.

Formerly s.

(e)

The occupant of any of the offices of Commissioner or Assistant Commissioner

13, ss. (5) of

No. 23 of

1904.

shall not be removed from office except as

hereinbefore provided.

No. 78.] Government Railways. [1948.

Appointment

to fill vacancy	(9) When the office of Commissioner or either of the offices of Assistant Commis- sioner becomes vacant otherwise than by effiuxion of the term for which the occupant was appointed, the Governor may appoint to the vacant office for the remainder of that term a person having the requisite know- ledge and experience, and at the expiration of that remainder that person shall be eligible for re-appointment.
in office.
Appointment
of deputies.	(10) The Governor may appoint to act in the place and during the absence of the occupant of the office of Commissioner or the occupant of either of the offices of Assistant Commissioner as deputy for that occupant such persons as shall have the requisite knowledge and experience.
Validity of
functions of	(11) No appointment of, and no act, matter or thing done by any person as a deputy of the Commissioner or of either of the Assistant Commissioners, as the case may be, or of any person to fill any vacancy in any of those offices shall be questioned on the ground that the occasion for the appointment had not arisen or had ceased.
deputies, etc.
Full time
duties and	(12) In respect of the offices of Commis- sioner and Assistant Commissioners, the occupants shall devote the whole of their time and attention to the duties of the office and be entitled to such remuneration, allow- ances and leave of absence as shall be deter- mined by the Governor.
remuneration,
etc.
Exclusive
occupation	(13) No member of the Commission shall engage in any business or occupation for remuneration other than that of his office on the Commission without the consent of the Governor.
in office.
Chairman.	(14) The Commissioner shall be chair- man of the Commission and shall nominate one of the Assistant Commissioners to act in his place as chairman during his absence.

1948.] Government Railways. [No. 78.

(15) At any meeting at which the Coro- =12..

missioner and both Assistant Commission- ers are present, the resolution of the majority shall be the resolution of the Com-

mission: •

Provided that in any case where the ]dleitnel:niidn7in Commissioner is of an opinion different enagreement.

from that of the Assistant Commissioners with respect to any matter and agreement is not reached, the Commissioner shall report in detail the differing opinions to the Minister, who shall determine the matter.

(16) Two of the members of the Commis- Quorum.

sion shall form a quorum and shall have all the powers and duties conferred upon the Commission by the provisions of this Act:

Provided that when at any meeting of the Postpone- nec-ase

Commission at which two of the members loledtisagree- only are present, there is a difference of men

opinion on any matter, the resolution of that matter shall be postponed to a meeting at which all three members are present.

(17) The convention of meetings and Convention of

conduct of proceedings of the Commission Incotra

proceedings.

shall be as prescribed, and until prescribed

shall be regulated by the Commission:

Provided that each member of the Com- mission shall be entitled to one vote only.

Records to be

(18) The Commission shall keep a record of its meetings and proceedings.

kept.

(19) The Commission shall be a body corporate, with perpetual succession and a

Commission

a body

corporate.

common seal.

New s. 8,

8. No act, matter or thing done by the Protection

Minister or any member of the Commission	of persons.
or any agent or servant of any of them, if done in good faith in the exercise of his powers or in the performance of his duties under this Act, shall subject him to any personal liability.

No. 78.] Government Railways. [1948.

Amendment

of s. 14. 11. Section fourteen of the principal Act is amended

by

(a)

substituting for the words "the Commissioner"

in lines one and seven the words "any mem-

ber of the Commission." ;

(b) inserting after the word "contract" in line

seven the words "or agreement";

(e) adding after the word "years" in line eleven, a

proviso as follows:

Provided that the foregoing provisions of this section shall not apply in respect of any profit commission, benefit, or emolu- ment arising from any such contracts or agreements as are referred to in section thirty-five of the Constitution Acts Amend- ment Act, 1899.

Repeal and

re-enactment	12. The principal Act is amended by
of s. 15.

(a)

substituting for section fifteen the following:-

15. Acceptance of or acting in the office

of member of the Commission by any person

shall not of itself render the provisions of

the Public Service Act, 1904-1947, the Super-

annuation Act, 1871, or the Superannuation

and Family Benefits Act, 1938-1.947,

applicable to him, nor affect the application

of those provisions to him if they applied

to him at the time of the coming into opera-

tion of the Government Railways Act

Amendment Act, 1948;

(b) adding the following:

Division 2,

added.	Division 2—Abolition of the Body Corpor- ate by the name of the Commissioner and transfer of functions, powers, rights, benefits and obligations.
s. 15A, added.

Definitions. 15A. (1) For the purposes of this sec-

tion

" appointed day" means a day to be

fixed by proclamation;

"function" includes power, right, bene-

fit and obligation.

1948.] Government Railways. [No. 78.

(2)

On the appointed day, by force of

this section, the body corporate by the name tan„earleCtionfd

of the Commissioner constituted pursuant functions.

to the provisions of the Government Rail- ways Act, 1904-1947, shall cease to exist, and thereafter the functions until then exercised and exercisable by that body cor- porate shall be transferred

(a) as to matters of policy, to the

Minister;

(h) as to matters of administration, subject to the provisions of this Act, to the Commission.

Transition

(3) If anything has been commenced by provisions.

or 'under the authority of that body corpor- ate by the name of the Commissioner before the appointed day in relation to the func- tions transferred by this section, the Com- mission, subject to the provisions of this Act, may carry on and complete it.

No abatement

pending any legal proceeding to which that coatings. (4) If, at the appointed day, there is of legal pro-

body corporate, by the name of the Com- missioner is a party and which relates to the functions transferred by this section, the Commission may be substituted for the Commissioner in the proceedings, which shall not abate because of the transfer.

Construction

(5) In the construing, and for the pur- poses, of any Act, rule, regulation, by-law, judgment, decree, order, award, deed, con- tract or other document, whether of the same or a different kind as or from the foregoing, the Commission may be substi- tuted for that body corporate by the name of the Commissioner, but so far only as may be necessary or convenient for the purposes of or in consequence of the trans- fer of functions by the provisions of this of documents.

section.

No. 78.] Government Railways. [1948.

Amendment

of headnote 13. The principal Act is amended by substituting for

to Part III. the words-

PART III.—THE MANAGEMENT, MAINTENANCE

AND CONTROL OF RAILWAYS.

immediately preceding section sixteen, the

words

PART III.—THE DIRECTION, MANAGEMENT, MAINTENANCE AND CONTROL OF THE WESTERN AUSTRALIAN GOVERNMENT RAILWAYS,

Amendment

of s. 22.	14. Section twenty-two of the principal Act is amended by inserting after the word "charges" in para- graph (3), line one, the words "including differential charges in accordance with the risk the Commission undertakes".
Amendment
of s. 23.	15. Section twenty-three of the principal Act is amended by

(a) substituting for the words "regulations of the Department of Agriculture in force for the time being" in paragraph (9), lines four and five, the words "provisions of any Acts and regulations relating thereto";

(b) inserting after the word "goods" in paragraph (19), in each of lines three and four, the words "including passengers' luggage";

(c) inserting after paragraph (26) a paragraph as

follows

(26a) For the control, supervision and guidance of persons engaged in the manage- ment, maintenance and control of the Gov- ernment Railways and for prescribing the form and manner of signing and executing documents to be made or issued under this Act and for the promulgation of all acts, matters and things necessary, expedient or convenient for carrying into operation or for facilitating the operation of this Act.

Amendment

of s. 34. 16. Section thirty-four of the principal Act is

amended by substituting for the words "two years" in

subsection (1), line twelve, the words "six months."

1948.] Government Railways. [No. 78.

Section thirty-seven of the principal Act is oArsen3d7m . era

17.

amended by inserting after the word "goods" in subsec- tion (1), paragraph (a), line one, the words "including passengers' luggage".

18.    The principal Act is amended by inserting after .fnsiestneV

the word "department" in section forty-four, line and 50.1

thirteen, section forty-nine, line thirteen, and section

fifty, line three, the words "or Commission".

19.    The principal Act is amended by inserting after roe532.. 554

the heading "Part IV.—Accounts," the following sec-

tions:—

53A. The Commission shall provide, keep and arsts(2)

maintain such accounts in such manner and form as 4'sotf'21145

the Auditor General shall from time to time require, s.

and shall enter therein, true and regular accounts

( a ) of all moneys received and paid and of all moneys owing to and by the Commission, and of the several purposes for which such moneys are received and paid and owing; and

(b) of all assets and liabilities, profits and

losses.

53B. The Commission shall determine the amount Wo'rfeit, 2'

of the depreciation and obsolescence of the assets in s ' 52'

relation to the exercise by the Commission of its

powers and the discharge of its duties under this

Act:

Provided that when and as often as the Auditor General is of the opinion that any such amount should be increased, the amount determined by the Auditor General shall, subject to the approval of the Governor prevail.

53C. been kept by the body corporate under the name of 605o5f.1945, The books of accounts which have hitherto B000nk y

b i sepmeLd.

the Commissioner or shall hereafter be kept by the Commission shall be open to the inspection of the Auditor General and any person authorised by him to inspect the same, and copies or extracts may be taken therefrom.

eboat anntsts ce

53D. The Commission shall balance or cause to be

be balanced all its accounts on the thirtieth day of :05V-945:

June in each year.

No. 78.] Government Railways. [1948.

Accounts to

be audited.	53E. (1) The Commission shall once in every year cause a full and true balance sheet of its assets and liabilities, together with a profit and loss account, and such other statements (including statistical records) as may be necessary or required by the Auditor General to be compiled from the books of accounts, to be prepared and to be submitted to the Auditor General for audit.
60 of 1945,
s. 57.

(2)

The balance sheet and statements shall be so prepared as to show fully and faithfully the finan- cial position of the Government Railways and all undertakings under the Commission's control, and the financial results of the Commission's operations for the year.

The Auditor General shall certify that he has found the accounts in order or otherwise, as the case may be, and whether in his opinion the accounts are properly drawn up so as to present a true and correct view of the transactions for the period under review as shown by the books, and all items of receipts and payments and all known liabilities and assets have been fairly brought into account and the value of all assets fairly stated.

(3)

The Auditor General shall in respect of such accounts have all the powers conferred upon him by the Audit Act, 1904, and shall arrange for a periodical or continuous audit of such accounts.

(4)

The Commission may, subject to this Act, retain or appoint an internal auditing staff whose duty it shall be to conduct a continuous audit of the accounts :

(5)

Provided that the nature and extent of the audit work to be performed shall be subject to the approval of the Auditor General.

Amendment 20.

Section fifty-five of the principal Act is amended

by inserting after the word "Consolidated" in line four

the word "Revenue."

of s. 55.

Amendment

of s. 56. 21. Section fifty-six of the principal Act is amended

by substituting

(a) for the words "Chief Railway Storekeeper" in lines six the words "Comptroller of Stores," and

1948. ] Government Railways. [No. 78.

(b) for the words "any head of expenditure" in line eleven the words "the appropriate account entitled to the credit."

Amendment

22. The principal Act is amended by substituting for of s. 59.

section fifty-nine the following:-

59. (1) The Commission may, subject to the pro- visions of this section, from time to time	Restaurant
cars refresh-
ment rooms,book-stalls, etc., may be

(a) after calling tenders, lease, for any period leased.

not exceeding three years, and on such	s. 59.
23 of 1904,
terms and conditions as it thinks fit,	Es. 36 and
32 of 1911,.
railway restaurant cars, and any part of	46 (3).
the land or buildings of a railway, for the sale, subject to the provisions of the Licensing Act, 1911, as amended, of refreshments, books or other articles, or the use of the walls of any such buildings or of any part of the rolling-stock, for the display of advertisements thereon, and
32 of 1911,

(b) subject to the provisions of the Licensing e.46 (3).

Act, 1911, as amended, by its servants and agents sell any spirituous and fer- mented liquors in any railway refresh- ment room under its management or control.

(2) Nothing in this section shall authorise the granting of a lease for the purpose of nor the sale of spirituous and fermented liquors in railway restaurant cars.

(3)

No individual sale of spirituous or fermented

liquors in any railway refreshment room shall be of

greater quantity than that prescribed.

23. Section sixty-eight of the principal Act is	Amendment
of s. 68.

amended by

(a) substituting for all words in lines one to six, the words "The Commission may appoint, suspend, dismiss, fine, or reduce to a lower class or grade, any officer or servant of the Department, and in the exercise of any of those powers, shall not be subject to the Minister except in the cases of such offices,

and services as shall be prescribed"; and

No. 78.] Government Railways. [1948.

(b) adding after the word "Crown" in line eight the words "Provided that no fine shall be inflicted under this section for any act or omission for which an officer or servant has been punished under section thirty or thirty- one of the Traffic Act, 1919-1947, and pro- vided that the Commission shall not inflict on any such officer or servant more than one form of punishment for the same offence."

Amendment

of s. 68A. 24. Section sixty-eight A of the principal Act is

amended by

(a) inserting after the words "date" in subsection (4), paragraph (b), line twenty-six, a para- graph as follows :—

(ba) Any officer or servant whose employ- ment commences after the coming into operation of the Government Railways Act Amendment Act, 1948, and who proves to the satisfaction of the Commission that he has elected to become a contributor to the Super- annuation Fund established under the Superannuation and Family Benefits Act, 1938-1947;

and

(b) substituting for the words "said Fund" in sub- section (5), line six, and subsection (6), line two, the words "the Western Australian Gov ernment Railways and Tramways Employees'

Death Benefit and Endowment Fund."

Amendment

of s. 69. 25. Section sixty-nine of the principal Act is amended

by adding after the word "authority" in line six the words "or (4) suspended from employment in such circumstances as to involve loss of pay, or (5) trans- ferred by way of punishment involving loss of transfer expenses."

Amendment

of s. 70. 26. Section seventy of the principal Act is amended

by

(a) inserting before the word "Police" in para-

graph (a), line one, the word "Stipendiary";

1948.] Government Railways. [No. 78.

(b)

substituting for the word "branch" in para-

graph (c), line thirteen, the word "section";

(c) substituting for the word "Department" in

paragraph (c), lines fifteen and sixteen, the

word " section." ;

(d) deleting the word "branch" in paragraph (c),

line twenty-one;

(e)	substituting for the words "Chief Engineer of Way and Works" in paragraph (c), lines twenty-six and twenty-seven, the words "Civil Engineering"; and
(f)	deleting all words in lines twentyeight to thirty-

seven, both inclusive, of paragraph (c).

27. Section seventy-one of the principal Act is Aorsett7ditnent

amended by inserting after subsection (4), section eleven

of Act No. 29 of 1907, re-numbered as subsection (5).

28. Section seventy-four of the principal Act is Amendment of s. 74.

amended by substituting for paragraph (4) the follow-

ing :-

(4) The parties may be represented at the hearing

of the appeal

(a) as to the appellant-

(i) personally,

(ii)    by the secretary, or his deputy, of the industrial union to which the appellant belongs ;

Or

(iii)    by an employee of the Com- mission nominated by the appellant; and

(b) as to the Commission, by one of its employees authorised by it in that behalf :

Provided that no party shall be entitled to representation by a legal practitioner.

29. Section eighty-one of the principal Act is repealed. BR? ral of

Repeal of

30. Section eighty-two of the principal Act is s. 82.

repealed.

No. 78.1 Government Railways. [1948.

Amendment

of s. 84.	31. Section eighty-four of the principal Act is amended by inserting after the word "report" in sub- section (2), line one, the words "together with copies of the balance sheet and statements then last prepared and audited and the Auditor General's report thereon."
Ne w sections

85 to 91. 32. The principal Act is amended by adding after

section eighty-four the following sections:—

Saving as to

Government	85. (1) For the purposes of this section "Gov-
departments.

Commission	ernment department" includes a Minister of the
to confer and
co-operate	Crown acting in his official ca pacity, any State
with other
departments.	Govermnent Department, State Trading Concern,
5522f 1945,	State instrumentality, State public utility and any
60 of 1945•
s. 59.	other person or body, whether corporate or non-cor- porate, who or which, under the authority of an Act of Parliament administers or carries on for the benefit of the State any public social service or public utility.

(2)

Save as otherwise expressly provided, nothing in this Act shall affect any rights, powers, authori- ties or duties of any Government department other than the Minister or the Commission or the Depart- ment.

(3)

Where the exercise of any rights, powers or authorities or the discharge of any duties by the Minister or the Commission or the Department may affect the exercise of any rights, powers or authori- ties, or the discharge of any duties by any other Government department, the Minister or the Com- mission or the Department, as the case may be, shall so far as practicable confer and co-operate with that other department.

(4) Without prejudice to the power of direction and control of the Commission conferred upon the Minister, any question, difference, or dispute arising or about to arise between the Minister or the Com- mission or the Department and any other Govern- ment department with respect to the exercise of any rights, powers, or authorities, or the discharge of any duties by either or both of them, may be finally and conclusively determined by the Governor.

1948.] Government Railways. [No. 78.

86.    Every notice, order, summons or other docu- rwevciuments,

ment requiring authentication by the Commission tuoth or Itgogted.

may be sufficiently authenticated without the seal s. 05'

of the Commission if signed in manner prescribed.

87.	The Commission may order either generally	Power to
direct prose-

or in any particular case that proceedings be taken

cutions.

23 of 1904,

for the recovery of any penalties incurred under,

s. 81.

GO of 1945,

or for the punishment of any persons offending

s. 66.

against this Act, or under or against any by-law or

regulation.

88.   In all proceedings hi any court of petty Power

sessions any officer of the Commission appointed by ta)teiTsnAon.

the chairman of the Commission in writing under s0001.1045'

his hand for that purpose may represent the Com-

mission in all respects as though such officer were

the party concerned.

89. (1) In any prosecution or legal proceeding Proof of cer- tain matters

under the provisions of this Act, or the by-laws or not required. 60 1945,

regulations instituted by or under the direction of oof	L	s.
the Commission, no proof shall be required (until evidence is given to the contrary) of

(a) the constitution of the Commission;

(h) any order of the Commission to prosecute;

(c) the particular or general appointment of

any officer of the Commission to take

proceedings against any person;

(d)	the powers of the officer to prosecute;
(e)	the appointment of the chairman or of any member of the Commission, or any officer of the Commission, or
(f)	the presence of a quorum at any meeting at which any order is made or any act is done by the Commission.

(2) The production of

(a) a copy of the Government Gazette contain- ing any rule, by-law, regulation, order, or notice purporting to have been made or given under any of the provisions of this Act, or

No. 78] Government Railways. [1948.

(b) a copy purporting to be a true copy of any such rule, by-law, regulation, order, or notice certified as such under the hand of the chairman, or officer authorised in that behalf, of the Commission,

shall be evidence until the contrary is proved of the due making, existence, confirmation, approval and giving of such rule, by-law, regulation, order, or notice and of all preliminary steps necessary to give full force and effect to the same.

Evidence of

documents	90. All documents whatever purporting to be
issued by the

Commission.	issued or written by or under the direction of the
60 of 1945,
5. 69.	Commission and purporting to be signed by the chairman or officer of the Commission authorised in that behalf by the Commission shall be received as evidence in all courts and before all persons acting judicially within the State, and shall without proof be deemed to have been issued or written by or under the direction of the Committee until the con- trary is shown.

Regulations. 91.

The Governor may make regulations pre- scribing all matters which by this Act are required or permitted to be prescribed, or are convenient for carrying into operation, or for facilitating the operation of the provisions of this Act.