DRAFT CONSTITUTION 873
power to regulate minimum and maximum fares and rates and terminal charges, every State which owned a minor railway, whether it is a State in Part I or Part III, if it was the owner of the particular railway, would be entitled to receive and keep the proceeds of the rates and fares as may be fixed by the Centre. It does not affect the rights of ownership at all. They remain as they are. If the Centre wishes to acquire any minor railway now owned by any State either in Part I or Part III the Union will have to acquire it in the ordinary way. Therefore this is purely a legislative entry. The object of the amendment is to have a uniform law with respect to all matters dealing with railways and it does not affect any question of ownership at all.
The question of tramways is however separated from the question of railways. We propose in the Interpretation Clause to define railways in such a manner as to exclude tramways so that the States in Parts I and III will retain the power to regulate tramways in all respects as though they are not covered by ‘railways’.
Shri R. K. Sidhva : There is a Minor Railways act which is worked by the Provincial Governments. May I know whether it is intended to repeal that Act and bring it into the Union ?
The Honourable Dr. B. R. Ambedkar : Yes, the Union will have power to abrogate that Act, make any other law or retain it if it so feels. It is only an enabling entry which will enable the centre either to make different laws regulating the major and minor railways or make one single law regulating all railways irrespective of whether they are major railways or minor railways.
Shri R. K. Sidhva : Then the minor railways will be governed by the Minor Railways Act ?
The Honourable Dr. B. R. Ambedkar : Yes, the existing law will continue until Parliament changes it. This is merely to give power to the Parliament to change it.
Mr. President : I would now put entry 38 to the vote. I am told there is an amendment which I have received this morning after nine. I am afraid I cannot accept it.
[Entry 38, as amended by Dr. Ambedkar’s amendment, was added to the Union List.]
ENTRY 39
*The Honourable Dr. B. R. Ambedkar : Sir, I move :
“That for entry 39 of List I. the following entry be substituted :—
*CAD, Vol. IX. 30th August 1949. p. 758.