THE RAILWAYS ACT, 1989
NO. 24 OF 1989
[3rd June, 1989.]
An Act to consolidate and amend the law relating to Railways.
BE it enacted by Parliament in the Fortieth Year of the Republic
of India as follows:--
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title and commencement.
1. Short title and commencement. (1) This Act may be called the
Railways Act, 1989.
(2) It shall come into force on such date1* as the Central
Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different
provisions of this Act, and any reference in any such provision to the
commencement of this Act shall be construed as a reference to the
coming into force of that provision.
2.
Definitions.
2. Definitions.- In this Act, unless the context otherwise
requires,--
(1) "authorised" means authorised by a railway
administration;
(2) "carriage" means the carriage of passengers or goods by
a railway administration;
(3) "Claims Tribunal" means the Railway Claims Tribunal
established under section 3 of the Railway Claims Tribunal Act,
1987 (54 of 1987);
(4) "classification" means the classification of commodities
made under section 31 for the purpose of determining the rates to
be charged for carriage of such commodities;
(5) "class rates" means the rate fixed for a class of
commodity in the classification;
(6) "Commissioner" means the Chief Commissioner of Railway
Safety or the Commissioner of Railway Safety appointed under
section 5;
(7) "commodity" means a specific item of goods;
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1. 1-7-1990: Vide Notifin. No. S.O. 475 (E), dt 12-6-1990.
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(8) "consignee" means the person named as consignee in a
railway receipt;
(9) "consignment" means goods entrusted to a railway
administration for carriage;
(10) "consignor" means the person, named in a railway
receipt as consignor, by whom or on whose behalf goods covered by
the railway receipt are entrusted to a railway administration for
carriage;
(11) "demurrage" means the charge levied for the detention
of any rolling stock after the expiry of free time, if any,
allowed for such detention;
(12) "endorsee" means the person in whose favour an
endorsement is made, and in the case of successive endorsements,
the person in whose favour the last endorsement is made;
(13) "endorsement" means the signing by the consignee or the
endorsee after adding a direction on a railway receipt to pass
the property in the goods mentioned in such receipt to a
specified person;
(14) "fare" means the charge levied for the carriage of
passengers;
(15) "ferry" includes a bridge of boats, pontoons or rafts,
a swing bridge, a fly-bridge and a temporary bridge and the
approaches to, and landing places of, a ferry;
(16) "forwarding note" means the document executed under
section 64;
(17) "freight" means the charge levied for the carriage of
goods including transhipment charges, if any;
(18) "General Manager" means the General Manager of a Zonal
Railway appointed under section 4;
(19) "goods" includes--
(i) containers, pallets or similar articles of
transport used to consolidate goods; and
(ii) animals;
(20) "Government railway" means a railway owned by the
Central Government;
(21) "in transit", in relation to the carriage of goods by
railway, means the period between the commencement and the
termination of transit of such goods, and unless otherwise
previously determined--
(a) transit commences as soon as the railway receipt is
issued or the consignment is loaded, whichever is earlier;
(b) transit terminates on the expiry of the free time
allowed for unloading of consignment from any rolling stock
and where such unloading has been completed within such free
time, transit
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terminates on the expiry of the free time allowed, for the
removal of the goods from the railway premises;
(22) "level crossing" means an inter-section of a road with
lines of rails at the same level;
(23) "luggage" means the goods of a passenger either carried
by him in his charge or entrusted to a railway administration for
carriage;
(24) "lump sum rate" means the rate mutually agreed upon
between a railway administration and a consignor for the carriage
of goods and for any service in relation to such carriage;
(25) "non-Government railway" means a railway other than a
Government railway;
(26) "notification" means a notification published in the
Official Gazette;
(27) "parcel" means goods entrusted to a railway
administration for carriage by a passenger or a parcel train;
(28) "pass" means an authority given by the Central
Government or a railway administration to a person allowing him
to travel as a passenger, but does not include a ticket;
(29) "passenger" means a person travelling with a valid pass
or ticket;
(30) "prescribed" means prescribed by rules made under this
Act;
(31) "railway" means a railway, or any portion of a railway,
for the public carriage of passengers or goods, and includes--
(a) all lands within the fences or other boundary marks
indicating the limits of the land appurtenant to a railway;
(b) all lines of rails, sidings, or yards, or branches
used for the purposes of, or in connection with, a railway;
(c) all electric traction equipments, power supply and
distribution installations used for the purposes of, or in
connection with, a railway;
(d) all rolling stock, stations, offices, warehouses,
wharves, workshops, manufactories, fixed plant and
machinery, roads and streets, running rooms, rest houses,
institutes, hospitals, water works and water supply
installations, staff dwellings and any other works
constructed for the purpose of, or in connection with,
railway;
(e) all vehicles which are used on any road for the
purposes of traffic of a railway and owned, hired or worked
by a railway; and
(f) all ferries, ships, boats and rafts which are used
on any canal, river, lake or other navigable inland waters
for the pur-
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poses of the traffic of a railway and owned, hired or worked
by a railway administration,
but does not include--
(i) a tramway wholly within a municipal area; and
(ii) lines of rails built in any exhibition
ground, fair, park, or any other place solely for the
purpose of recreation;
(32) "railway administration", in relation to--
(a) a Government railway, means the General Manager of
a Zonal Railway; and
(b) a non-Government railway, means the person who is
the owner or lessee of the railway or the person working the
railway under an agreement;
(33) "railway receipt" means the receipt issued under
section 65;
(34) "railway servant" means any person employed by the
Central Government or by a railway administration in connection
with the service of a railway;
(35) "rate" includes any fare, freight or any other charge
for the carriage of any passenger or goods;
(36) "regulations" means the regulations made by the Railway
Rates Tribunal under this Act;
(37) "rolling stock" includes locomotives, lenders,
carriages, wagons, rail-cars, containers, trucks, trolleys and
vehicles of all kinds moving on rails;
(38) "station to station rate" means a special reduced rate
applicable to a specific commodity booked between specified
stations;
(39) "traffic" includes rolling stock of every description,
as well as passengers and goods;
(40) "Tribunal" means the Railway Rates Tribunal constituted
under section 33;
(41) "wharfage" means the charge levied on goods for not
removing them from the railway after the expiry of the free time
for such removal;
(42) "Zonal Railway" means a Zonal Railway constituted under
section 3.
CHAP
RAILWAY ADMINISTRATIONS
CHAPTER II
RAILWAY ADMINISTRATIONS
3.
Zonal Railways.
3. Zonal Railways.- (1) The Central Government may, for the
purpose of the efficient administration of the Government railways, by
notification constitute such railways into as many Zonal Railways as
it may deem fit and specify in such notification the names and
headquarters of such Zonal Railways and the areas in respect of which
they shall exercise jurisdiction.
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(2) The Zonal Railway existing immediately before the
commencement of this Act shall be deemed to be Zonal Railways
constituted under sub-section (1).
(3) The Central Government may, by notification, declare any unit
of the railways engaged in research, development, designing,
construction or production of rolling stock, its parts or other
equipment used on a railway, to be a Zonal Railway.
(4) The Central Government may, by notification, abolish any
Zonal Railway or constitute any new Zonal Railway out of any existing
Zonal Railway or Zonal Railways, change the name or headquarters of
any Zonal Railway or determine the areas in respect of which a Zonal
Railway shall exercise jurisdiction.
4.
Appointment of General Manager.
4. Appointment of General Manager.- (1) The Central Government
shall, by notification, appoint a person to be the General Manager of
a Zonal Railway.
(2) The general superintendence and control of a Zonal Railway
shall vest in the General Manager.
CHAP
COMMISSIONERS OF RAILWAY SAFETY
CHAPTER III
COMMISSIONERS OF RAILWAY SAFETY
5.
Appointment of Chief Commissioner of Railway Safety and Commissionersof
Railway Safety.
5. Appointment of Chief Commissioner of Railway Safety and
Commissioners of Railway Safety. The Central Government may appoint a
person to be the Chief Commissioner of Railway Safety and such other
person as it may consider necessary to be the Commissioners of Railway
Safety.
6.
Duties of Commissioner.
6. Duties of Commissioner. The Commissioner shall--
(a) inspect any railway with a view to determine whether it
is fit to be opened for the public carriage of passengers and
report thereon to the Central Government as required by or under
this Act;
(b) make such periodical or other inspections of any railway
or of any rolling stock used thereon as the Central Government
may direct;
(c) make an inquiry under this Act into the cause of any
accident on a railway; and
(d) discharge such other duties as are conferred on him by
or under this Act.
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7.
Powers of Commissioner.
7. Powers of Commissioner.- Subject to the control of the Central
Government, the Commissioner, whenever it is necessary so to do for
any of the purposes of this Act, may--
(a) enter upon and inspect any railway or any rolling stock
used thereon;
(b) by order in writing addressed to a railway
administration, require the attendance before him of any railway
servant and to require answers or returns to such inquiries as he
thinks fit to make from such railway servant or from the railway
administration; and
(c) require the production of any book, document or material
object belonging to or in the possession or control of any
railway administration which appears to him to be necessary to
inspect.
8.
Commissioner to be public servant.
8. Commissioner to be public servant.-The Commissioner shall be
deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code (45 of 1860).
9.
Facilities to be afforded to Commissioners.
9. Facilities to be afforded to Commissioners.- A railway
administration shall afford to the Commissioner all reasonable
facilities for the discharge of the duties or for the exercise of the
powers imposed or conferred on him by or under this Act.
10.
Annual report of Commissioners.
10. Annual report of Commissioners.-The Chief Commissioner of
Railway Safety shall prepare in each financial year an annual report
giving a full account of the activities of the Commissioners during
the financial year immediately preceding the financial year in which
such report is prepared and forward, before such date as may be
specified by the Central Government, copies thereof to the Central
Government, and that Government shall cause that report to be laid, as
soon as may be, after its receipt before each House of Parliament.
CHAP
CONSTRUCTION AND MAINTENANCE OF WORKS
CHAPTER IV
CONSTRUCTION AND MAINTENANCE OF WORKS
11.
Power of railway administrations to execute all necessary works.
11. Power of railway administrations to execute all necessary
works.-Notwithstanding anything contained in any other law for the
time being in force, but subject to the provisions of this Act and the
provisions of any law for the acquisition of land for a public purpose
or for companies, and subject also, in the case of a non-Government
railway, to the provisions of any contract between the non-Government
railway and the Central Government, a railway administration may, for
the purposes of constructing or maintaining a railway--
(a) make or construct in or upon, across, under or over any
lands, or any streets, hills, valleys, roads, railway, tramways,
or any rivers, canals, brooks, streams or other waters, or any
drains, water-pipes, gas-pipes, oil-pipes, sewers, electric
supply lines, or telegraph lines, such temporary or permanent
inclined-planes, bridges, tunnels, culverts, embankments,
adequcts, bridges, roads, lines of rail, ways, passages, conduits,
drains, piers, cuttings and fences, in-take wells, tube wells,
dams, river training and protection works as it thinks proper;
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(b) alter the course of any rivers, brooks, streams or other
water courses, for the purpose of constructing and maintaining
tunnels, bridges, passages or other works over or under them and
divert or alter either temporarily or permanently, the course of
any rivers, brooks, streams or other water courses or any roads,
streets or ways, or raise or sink the level thereof, in order to
carry them more conveniently over or under or by the side of the
railway;
(c) make drains or conduits into, through or under any lands
adjoining the railway for the purpose of conveying water from or
to the railway;
(d) erect and construct such houses, warehouses, offices and
other buildings, and such yards, stations, wharves, engines,
machinery apparatus and other works and conveniences as the
railway administration thinks proper;
(e) alter, repair or discontinue such buildings, works and
conveniences as aforesaid or any of them and substitute others in
their stead;
(f) erect, operate, maintain or repair any telegraph and
telephone lines in connection with the working of the railway;
(g) erect, operate, maintain or repair any electric traction
equipment, power supply and distribution installation in
connection with the working of the railway; and
(h) do all other acts necessary for making, maintaining,
altering or repairing and using the railway.
12.
Power to alter the position of pipe, electric supply line, drain orsewer,
etc.
12. Power to alter the position of pipe, electric supply line,
drain or sewer, etc.-(1) A railway administration may, for the purpose
of exercising the powers conferred on it by this Act, alter the
position of any pipe for the supply of gas, water, oil or compressed
air, or the position of any electric supply line, drain or sewer:
Provided that before altering the position of any such pipe,
electric supply line, drain or sewer, the railway administration shall
give a notice indicating the time at which the work of such alteration
shall commence, to the local authority or other person having control
over the pipe, electric supply line, drain or sewer.
(2) The railway administration shall execute the work referred to
in sub-section (1) to the reasonable satisfaction of the local
authority or the person receiving the notice under the proviso to sub-
section (1).
13.
Protection for Government property.
13. Protection for Government property.- Nothing in sections 11
and 12 shall authorise--
(a) a railway administration of the Government railway to do
anything on or to any works, lands or buildings vested in, or in
the possession of, a State Government without the consent of that
Government; and
(b) a railway administration of a non-Government railway to
do anything on or to any works, lands or buildings vested in, or
in the possession of, the Central Government or a State
Government, without the consent of the Government concerned.
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14.
Temporary entry, upon land to remove obstruction, to repair or toprevent
accident.
14. Temporary entry, upon land to remove obstruction, to repair
or to prevent accident.- (1) Where in the opinion of a railway
administration--
(a) there is imminent danger that any tree, post or
structure may fall on the railway so as to obstruct the movement
of rolling stock; or
(b) any tree, post, structure or light obstructs the view of
any signal provided for movement of rolling stock; or
(c) any tree, post or structure obstructs any telephone or
telegraph line maintained by it,
it may take such steps as may be necessary to avert such danger or
remove such obstruction and submit a report thereof to the Central
Government in such manner and within such time as may be prescribed.
(2) Where in the opinion of a railway administration--
(a) a slip or accident has occurred; or
(b) there is apprehension of any slip or accident to any
cutting, embankment or other work on a railway,
it may enter upon any lands adjoining the railway and do all such
works as may be necessary for the purpose of repairing or preventing
such slip or accident and submit a report thereof to the Central
Government in such manner and within such time as may be prescribed.
(3) The Central Government may, after considering the report
under sub-section (1) or sub-section (2), in the interest of public
safety, by order, direct the railway administration that further
action under sub-section (1) or sub-section (2) shall be stopped or
the same shall be subject to such conditions as may be specified in
that order.
15.
Payment of amount for damage or loss.
15. Payment of amount for damage or loss.- (1) No suit shall lie
against a railway administration to recover any amount for any damage
or loss caused in the exercise of the powers conferred by any of the
foregoing provisions of this Chapter.
(2) A railway administration shall pay or tender payment for any
damage or loss caused in the exercise of the powers conferred by any
of the foregoing provisions of this Chapter, and in case of a dispute
as to the sufficiency of any amount so paid or tendered or as to the
persons entitled to receive the amount, it shall immediately refer the
dispute for the decision of the District Judge of the district and his
decision thereon shall be final:
Provided that where the railway administration fails to make a
reference within sixty days from the date of commencement of the
dispute, the District Judge may, on an application made to him by the
person concerned, direct the railway administration to refer the
dispute for his decision.
(3) The reference under sub-section (2) shall be treated as an
appeal under section 96 of the Code of Civil Procedure, 1908 (5 of
1908) and shall be disposed of accordingly.
(4) Where any amount has been paid as required by sub-section
(2), the railway administration shall, notwithstanding anything in any
other law for the time being in force, be discharged from all
liabilities to any person whatsoever in respect of any amount so paid.
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16.
Accommodation works.
16. Accommodation works.- (1) A railway administration shall make
and maintain the following works for the accommodation of the owners
and occupiers of lands adjoining the railway, namely:--
(a) such crossings, bridges, culverts and passages over,
under or by the sides of, or leading to or from, the railway as
may, in the opinion of the State Government, be necessary for the
purpose of making good any interruptions caused by the railway to
the use of the lands through which the railway is made; and
(b) all necessary bridges, tunnels, culverts, drains, water
sources or other passages, over, under or by the sides of the
railway, of such dimensions as will, in the opinion of the State
Government, be sufficient at all times to convey water as freely
from or to the lands lying near or affected by the railway as it
was before the making of the railway or as nearly as possible.
(2) Subject to the other provisions of this Act, the works
specified in sub-section (1) shall be made at the cost of the railway
administration during or immediately after the laying out or formation
of the railway over the lands traversed and in such a manner as to
cause as little damage or inconvenience as possible to persons
interested in the lands or affected by the works:
Provided that--
(a) a railway administration shall not be required to make
any administration shall be liable to execute any further or
additional the working or using of the railway, or to make any
accommodation works with respect to which the owners or occupiers
of the lands have been paid compensation in consideration of
their not requiring the said works to be made;
(b) save as hereinafter, in this Chapter, provided, no
railway administration shall be liable to execute any further or
additional accommodation works for the use of the owners or
occupiers of the lands after the expiration of ten years from the
date on which the railway passing through the lands was first
opened for public traffic;
(c) where a railway administration has provided suitable
accommodation work for the crossing of a road or stream and the
road or stream is afterwards diverted by the act or neglect of
the person having the control thereof, the railway administration
shall not be compelled to provide any other accommodation work
for the crossing of such road or stream.
(3) The State Government may specify a date for the commencement
of any work to be executed under sub-section (1) and, if within three
months next after that date, the railway administration fails to
commence the work or having commenced it, fails to proceed diligently
to execute it, the Central Government shall, on such failure being
brought to its notice by the State Government, issue such directions
to the railway administration as it thinks fit.
Explanation.--For the purposes of this section, the expression
"lands" shall include public roads.
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17.
Power of owner, occupier, State Government or local authority to
causeadditional accommodation works to be made.
17. Power of owner, occupier, State Government or local authority
to cause additional accommodation works to be made.-(1) If an owner or
occupier of any land affected by a railway considers the works made
under section 16 to be insufficient for the use of the land, or if the
State Government or a local authority desires to construct a public
road or other work across, under or over a railway, such owner or
occupier, or, as the case may be, the State Government or the local
authority may, at any time, require the railway administration to make
at the expense of the owner or occupier or of the State Government or
the local authority, as the case may be, such further accommodation
works as are considered necessary and are agreed to by the railway
administration.
(2) The accommodation works made under sub-section (1) shall be
maintained at the cost of the owner or occupier of the land, the State
Government or the local authority, at whose request the works were
made.
(3) In the case of any difference of opinion between the railway
administration and the owner or occupier, the State Government or the
local authority, as the case may be, in relation to--
(i) the necessity of such further accommodation works; or
(ii) the expenses to be incurred on the construction of such
further accommodation works; or
(iii) the quantum of expenses on the maintenance of such
further accommodation works, it shall be referred to the Central
Government whose decision thereon shall be final.
18.
Fences, gates and bars.
18. Fences, gates and bars.- The Central Government may, within
such time as may be specified by it or within such further time, as it
may grant, require that--
(a) boundary marks or fences be provided or renewed by a
railway administration for a railway or any part thereof and for
roads constructed in connection therewith;
(b) suitable gates, chains, bars, stiles or hand-rails be
erected or renewed by a railway administration at level
crossings;
(c) persons be employed by a railway administration to open
and shut gates, chains or bars.
19.
Over-bridges and under-bridges.
19. Over-bridges and under-bridges.- (1) Where a railway
administration has constructed lines of rails across a public road at
the same level, the State Government or the local authority
maintaining the road, may, at any time, in the interest of public
safety, require the railway administration to take the road either
under or over the railway by means of a bridge or arch with convenient
ascents and descents and other convenient approaches, instead of
crossing the road on the level, or to execute such other works as may,
in the circumstances of the case, appear to the State Government or
the local authority maintaining the road to be best adapted for
removing or diminishing the danger arising from the level crossing.
(2) The railway administration may require the State Government
or the local authority, as the case may be, as a condition of
executing any work under sub-section (1), to undertake to pay the
whole of the
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cost of the work and the expense of maintaining the work, to the
railway administration or such proportion of the cost and expenses as
the Central Government considers just and reasonable.
(3) In the case of any difference of opinion between the railway
administration and the State Government or the local authority, as the
case may be, over any of the matters mentioned in sub-section (1), it
shall be referred to the Central Government, whose decision thereon
shall be final.
20.
Power of Central Government to give directions for safety.
20. Power of Central Government to give directions for safety.-
Notwithstanding anything contained in any other law, the Central
Government may, if it is of the opinion that any work undertaken or
may be undertaken, is likely to alter or impede the natural course of
water flow or cause an increase in the volume of such flow endangering
any cutting, embankment or other work on a railway, issue directions
in writing to any person, officer or authority responsible for such
work to close, regulate or prohibit that work.
CHAP
OPENING OF RAILWAYS
CHAPTER V
OPENING OF RAILWAYS
21.
Sanction of the Central Government to the opening of railway.
21. Sanction of the Central Government to the opening of railway.
No railway shall be opened for the public carriage of passengers until
the Central Government has, by order, sanctioned the opening thereof
for that purpose.
22.
Formalities to be complied with before giving sanction to the openingof a
railway.
22. Formalities to be complied with before giving sanction to the
opening of a railway.- (1) The Central Government shall, before giving
its sanction to the opening of a railway under section 21, obtain a
report from the Commissioner that--
(a) he has made a careful inspection of the railway and the
rolling stock that may be used thereon;
(b) the moving and fixed dimensions as laid down by the
Central Government have not been infringed;
(c) the structure of lines of rails, strength of bridges,
general structural character of the works and the size of, and
maximum gross load upon, the axles of any rolling stock, comply
with the requirements laid down by the Central Government; and
(d) in his opinion, the railway can be opened for the public
carriage of passengers without any danger to the public using it.
(2) If the Commissioner is of the opinion that the railway cannot
be opened without any danger to the public using it, he shall, in his
report, state the grounds therefor, as also the requirements which, in
his opinion, are to be complied with before sanction is given by the
Central Government.
(3) The Central Government, after considering the report of the
Commissioner, may sanction the opening of a railway under section 21
as such or subject to such conditions as may be considered necessary
by it for the safety of the public.
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23.
Sections 21 and 22 to apply to the opening of certain works.
23. Sections 21 and 22 to apply to the opening of certain works.-
The provisions of sections 21 and 22 shall apply to the opening of the
following works if they form part of, or are directly connected with,
a railway used for the public carriage of passengers and have been
constructed subsequent to the giving of a report by the Commissioner
under section 22, namely:--
(a) opening of additional lines of railway and deviation
lines;
(b) opening of stations, junctions and level crossings;
(c) re-modelling of yards and re-building of bridges;
(d) introduction of electric traction; and
(e) any alteration or reconstruction materially affecting
the structural character of any work to which the provisions of
sections 21 and 22 apply or are extended by this section.
24.
Temporary suspension of traffic.
24. Temporary suspension of traffic.- When an accident has
occurred on a railway resulting in a temporary suspension of traffic,
and either the original lines of rails and works have been restored to
their original standard or a temporary diversion has been laid for the
purpose of restoring communication, the original lines of rails and
works so restored, or the temporary diversion, as the case may be,
may, without prior inspection by the Commissioner, be opened for the
public carriage of passengers, subject to the following conditions,
namely:--
(a) the railway servant incharge of the works undertaken by
reason of the accident has certified in writing that the opening
of the restored lines of rails and works, or of the temporary
diversion will not in his opinion be attended with danger to the
public; and
(b) a notice of the opening of the lines of rails and works
or the diversion shall be sent immediately to the Commissioner.
25.
Power to close railway opened for the public carriage of passengers.
25. Power to close railway opened for the public carriage of
passengers.-Where, after the inspection of any railway opened and used
for the public carriage of passengers or any rolling stock used
thereon, the Commissioner is of the opinion that the use of the
railway or of any rolling stock will be attended with danger to the
public using it, the Commissioner shall send a report to the Central
Government who may thereupon direct that--
(i) the railway be closed for the public carriage of
passengers; or
(ii) the use of the rolling stock be discontinued; or
(iii) the railway or the rolling stock may be used for the
public carriage of passengers subject to such conditions as it
may consider necessary for the safety of the public.
26.
Re-opening of closed railway.
26. Re-opening of closed railway.- When the Central Government
has, under section 25, directed the closure of a railway or the
discontinuance of the use of any rolling stock--
(a) the railway shall not be re-opened for the public
carriage of passengers until it has been inspected by the
Commissioner and its re-opening is sanctioned in accordance with
the provisions of this Chapter; and
261
(b) the rolling stock shall not be used until it has been
inspected by the Commissioner and its re-use is sanctioned in
accordance with the provisions of this Chapter.
27.
Use of rolling stock.
27. Use of rolling stock.- A railway administration may use such
rolling stock as it may consider necessary for the construction,
operation and working of a railway:
Provided that before using any rolling stock of a design or type
different from that already running on any section of the railway, the
previous sanction of the Central Government shall be obtained for such
use:
Provided further that before giving any such sanction, the
Central Government shall obtain a report from the Commissioner that he
has made a careful inspection of the rolling stock and, in his
opinion, such rolling stock can be used.
28.
Delegation of powers.
28. Delegation of powers.- The Central Government may, by
notification, direct that any of its powers or functions under this
Chapter, except section 29, or the rules made thereunder shall, in
relation to such matters and subject to such conditions, if any, as
may be specified in the notification, be exercised or discharged also
by a Commissioner.
29.
Power to make rules in respect of matters in this Chapter.
29. Power to make rules in respect of matters in this Chapter.
(1) The Central Government may, by notification, make rules to carry
out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:--
(a) the duties of a railway administration and the
Commissioner in regard to the opening of a railway for the public
carriage of passengers;
(b) the arrangements to be made for and the formalities to
be complied with before opening a railway for the public carriage
of passengers;
(c) for regulating the mode in which, and the speed at which
rolling stock used on railways is to be moved or propelled; and
(d) the cases in which and the extent to which the procedure
provided in this Chapter may be dispensed with.
CHAP
FIXATION OF RATES
CHAPTER VI
FIXATION OF RATES
30.
Power to fix rates.
30. Power to fix rates.-(1) The Central Government may, from time
to time, by general or special order fix, for the carriage of
passengers and goods, rates for the whole or any part of the railway
and different rates may be fixed for different classes of goods and
specify in such order the conditions subject to which such rates shall
apply.
(2) The Central Government may, by a like order, fix the rates of
any other charges incidental to or connected with such carriage
including demurrage and wharfage for the whole or any part of the
railway and specify in the order the conditions subject to which such
rates shall apply.
262
31.
Power to classify commodities or alter rates.
31. Power to classify commodities or alter rates.- The Central
Government shall have power to--
(a) classify or reclassify any commodity for the purpose of
determining the rates to be charged for the carriage of such
commodities; and
(b) increase or reduce the class rates and other charges.
32.
Power of railway administration to charge certain rates.
32. Power of railway administration to charge certain rates.-
Notwithstanding anything contained in this Chapter, a railway
administration may, in respect of the carriage of any commodity and
subject to such conditions as may be specified,--
(a) quote a station to station rate;
(b) increase or reduce or cancel, after due notice in the
manner determined by the Central Government, a station to station
rate, not being a station to station rate introduced in
compliance with an order made by the Tribunal;
(c) withdraw, alter or amend the conditions attached to a
station to station rate other than conditions introduced in
compliance with an order made by the Tribunal; and
(d) charge any lump sum rate.
CHAP
RAILWAY RATES TRIBUNAL
CHAPTER VII
RAILWAY RATES TRIBUNAL
33.
Constitution of the Railway Rates Tribunal.
33. Constitution of the Railway Rates Tribunal.- (1) There shall
be a Tribunal, to be called the Railway Rates Tribunal, for the
purpose of discharging the functions specified in this Chapter.
(2) The Tribunal shall consist of a Chairman and two other
members to be appointed by the Central Government.
(3) A person shall not be qualified for appointment as the
Chairman of the Tribunal unless he is, or has been, a Judge of the
Supreme Court or of a High Court and of the other two members, one
shall be a person, who, in the opinion of the Central Government, has
special knowledge of the commercial, industrial or economic conditions
of the country, and the other shall be a person, who, in the opinion
of the Central Government, has special knowledge and experience of the
commercial working of the railways.
(4) The Chairman and the other members of the Tribunal shall hold
office for such period, not exceeding five years, as may be
prescribed.
(5) In case the Chairman or any other member is, by infirmity or
otherwise, rendered incapable of carrying out his duties or is absent
on leave or otherwise in circumstances not involving the vacation of
his office, the Central Government may appoint another person to act
in his place during his absence.
(6) A person who holds office as the Chairman or other member of
the Tribunal shall, on the expiration of the term of his office (not
being an office to fill a casual vacancy), be ineligible for re-
appointment to that office.
(7) Subject to the provisions of sub-sections (5) and (6), the
Chairman and other members of the Tribunal shall hold office on such
terms and conditions as may be prescribed.
263
(8) No act or proceeding of the Tribunal shall be invalidated
merely by reason of--
(a) any vacancy in, or any defect in the constitution of,
the Tribunal; or
(b) any defect in the appointment of a person acting as a
Chairman or other member of the Tribunal.
34.
Staff of the Tribunal.
34. Staff of the Tribunal.- (1) The Tribunal may, with the
previous approval of the Central Government, appoint such officers and
employees as it considers necessary for the efficient discharge of its
functions under this Chapter.
(2) The terms and conditions of service of the officers and
employees of the Tribunal shall be such as may be determined by
regulations.
35.
Sittings of the Tribunal.
35. Sittings of the Tribunal.- The Tribunal may sit at such place
or places as it may find convenient for the transaction of its
business.
36.
Complaints against a railway administration.
36. Complaints against a railway administration.- Any complaint
that a railway administration--
(a) is contravening the provisions of section 70; or
(b) is charging for the carriage of any commodity between
two stations a rate which is unreasonable; or
(c) is levying any other charge which is unreasonable,
may be made to the Tribunal, and the Tribunal shall hear and decide
any such complaint in accordance with the provisions of this Chapter.
37.
Matters not within the jurisdiction of the Tribunal.
37. Matters not within the jurisdiction of the Tribunal.- Nothing
in this Chapter shall confer jurisdiction on the Tribunal in respect
of--
(a) classification or re-classification of any commodity;
(b) fixation of wharfage and demurrage charges (including
conditions attached to such charges);
(c) fixation of fares levied for the carriage of passengers
and freight levied for the carriage of luggage, parcels, railway
material and military traffic; and
(d) fixation of lump sum rates.
38.
Powers of the Tribunal.
38. Powers of the Tribunal.- (1) The Tribunal shall have the
powers of a civil court under the Code of Civil Procedure, 1908 (5 of
1908) for the purposes of taking evidence on oath, enforcing the
attendance of witnesses, compelling the discovery and production of
documents, issuing commissions for the examination of witnesses and of
review and shall be deemed to be a civil court for all the purposes of
section 195 and Chapter XXXV of the Code of Criminal Procedure, 1973
(2 of 1974) and any reference in such section or chapter to the
presiding officer of a court shall be deemed to include a reference to
the Chairman of the Tribunal.
(2) The Tribunal shall also have power to pass such interim and
final orders as the circumstances may require, including orders for
the payment of costs.
264
39.
Reference to the Tribunal.
39. Reference to the Tribunal.- Notwithstanding anything contained
in section 37, the Central Government may make a reference to the
Tribunal in respect of any of the matter specified in that section and
where any such reference is made in respect of any such matter, the
Tribunal shall make an inquiry into that matter and submit its report
thereon to the Central Government.
40.
Assistance by the Central Government.
40. Assistance by the Central Government.- (1) The Central
Government shall give to the Tribunal such assistance as it may
require and shall also place at its disposal any information in the
possession of the Central Government which that Government may think
relevant to any matter before the Tribunal.
(2) Any person duly authorised in this behalf by the Central
Government shall be entitled to appear and be heard in any proceedings
before the Tribunal.
41.
Burden of proof, etc.
41. Burden of proof, etc.- In the case of any complaint under
clause (a) of section 36,--
(a) whenever it is shown that a railway administration
charges one trader or class of traders or the traders in any
local area, lower rates for the same or similar goods or lower
charges for the same or similar services than it charges to other
traders in any other local area, the burden of providing that
such lower rate or charge does not amount to an undue preference,
shall lie on the railway administration;
(b) in deciding whether a lower rate or charge does not
amount to an undue preference, the Tribunal may, in addition to
any other considerations affecting the case, take into
consideration whether such lower rate or charge is necessary in
the interests of the public.
42.
Decision, etc., of the Tribunal.
42. Decision, etc., of the Tribunal.- The decisions or orders of
the Tribunal shall be by a majority of the members sitting and shall
be final.
43.
Bar of jurisdiction of courts.
43. Bar of jurisdiction of courts.- No suit shall be instituted or
proceeding taken in respect of any matter which the Tribunal is
empowered to deal with, or decide, under this Chapter.
44.
Reliefs which the Tribunal may grant.
44. Reliefs which the Tribunal may grant.- In the case of any
complaint made under clause (b) or clause (c) of section 36, the
Tribunal may--
(i) fix such rate or charge as it considers reasonable from
any date as it may deem proper, not being a date earlier to the
date of the filing of the complaint;
(ii) direct a refund of amount, if any, as being the excess
of the rate or charge fixed by the Tribunal under clause (i).
45.
Revision of decisions given by the Tribunal.
45. Revision of decisions given by the Tribunal.- Where a railway
administration considers that since the date of decision by the
Tribunal, there has been a material change in the circumstances on
which it was based, it may, after the expiry of one year from such
date, make an application to the Tribunal and the Tribunal may, after
making such inquiry as it considers necessary, vary or revoke the
decision.
265
46.
Execution of decisions or orders of the Tribunal.
46. Execution of decisions or orders of the Tribunal.- The
Tribunal may transmit any decision or order made by it to a civil
court having local jurisdiction and such civil court shall execute the
decision or order as if it were a decree made by that court.
47.
Report to the Central Government.
47. Report to the Central Government.- The Tribunal shall present
annually a report to the Central Government of all its proceedings
under this Chapter.
48.
Power of the Tribunal to make regulations.
48. Power of the Tribunal to make regulations.- (1) The Tribunal
may, with the previous approval of the Central Government, make
regulations consistent with this Act and rules generally to regulate
its procedure for the effective discharge of its functions under this
Chapter.
(2) In particular, and without prejudice to the generality of the
foregoing power, such regulations may provide for all or any of the
following matters, namely:--
(a) the terms and conditions of service of the officers and
employees of the Tribunal;
(b) the award of costs by the Tribunal in any proceedings
before it;
(c) the reference of any question to a member or to an
officer of the Tribunal or any other person appointed by the
Tribunal, for report after holding a local inquiry;
(d) the right of audience before the Tribunal, provided that
any party shall be entitled to be heard in person, or by a
representative duly authorised in writing, or by a legal
practitioner;
(e) the disposal by the Tribunal of any proceedings before
it, notwithstanding that in the course thereof there has been a
change in the persons sitting as members of the Tribunal;
(f) a scale of fees for and in connection with the
proceedings before the Tribunal.
CHAP
CARRIAGE OF PASSENGERS
CHAPTER VIII
CARRIAGE OF PASSENGERS
49.
Exhibition of certain timings and tables of fares at stations.
49. Exhibition of certain timings and tables of fares at
stations.-(1) Every railway administration shall cause to be pasted in
a conspicuous and accessible place at every station in Hindi and
English and also in the regional language commonly in use in the area
where the station is situated,--
(i) a table of times of arrival and departure of trains
which carry passengers and stop at that station, and
(ii) list of fares from such station to such other stations
as it may consider necessary.
(2) At every station where tickets are issued to passengers, a
copy of the time table in force shall be kept in the office of the
station master.
266
50.
Supply of tickets on payment of fare.
50. Supply of tickets on payment of fare.- (1) Any person desirous
of travelling on a railway shall, upon payment of the fare, be
supplied with a ticket by a railway servant or an agent authorised in
this behalf and such ticket shall contain the following particulars,
namely:--
(i) the date of issue;
(ii) the class of carriage;
(iii) the place from and the place to which it is issued;
and
(iv) the amount of the fare.
(2) Every railway administration shall display the hours during
which booking windows at a station shall be kept open for the issue of
tickets to passengers.
(3) The particulars required to be specified on a ticket under
clauses (ii) and (iii) of sub-section (1) shall,--
(a) if it is for the lowest class of carriage, be set forth
in Hindi, English and the regional language commonly in use at
the place of issue of the ticket; and
(b) if it is for any other class of carriage, be set forth
in Hindi and English:
Provided that where it is not feasible to specify such
particulars in any such language due to mechanisation or any other
reason, the Central Government may exempt such particulars being
specified in that language.
51.
Provision for case in which ticket is issued for class or train nothaving
accommodation for additional passengers.
51. Provision for case in which ticket is issued for class or
train not having accommodation for additional passengers.-(1) A ticket
shall be deemed to have been issued subject to the condition of
availability of accommodation in the class of carriage and the train
for which the ticket is issued.
(2) If no accommodation is available in the class of carriage for
which a ticket is issued, and the holder thereof travels in a carriage
of a lower class, he shall, on returning such ticket, be entitled to a
refund of the difference between the fare paid by him and the fare
payable for the class of carriage in which he travels.
52.
Cancellation of ticket and refund.
52. Cancellation of ticket and refund.- If a ticket is returned
for cancellation, the railway administration shall cancel the same and
refund such amount as may be prescribed.
53.
Prohibition against transfer of certain tickets.
53. Prohibition against transfer of certain tickets.- A ticket
issued in the name of a person shall be used only by that person:
Provided that nothing contained in this section shall prevent
mutual transfer of a seat or berth by passengers travelling by the
same train:
Provided further that a railway servant authorised in this behalf
may permit change of name of a passenger having reserved a seat or
berth subject to such circumstances as may be prescribed.
54.
Exhibition and surrender of passes and tickets.
54. Exhibition and surrender of passes and tickets.- Every
passenger shall, on demand by any railway servant authorised in this
behalf, present his pass or ticket to such railway servant for
examination during the journey or at the end of the journey and
surrender such ticket--
(a) at the end of the journey, or
267
(b) if such ticket is issued for a specified period, on the
expiration of such period.
55.
Prohibition against travelling without pass or ticket.
55. Prohibition against travelling without pass or ticket.- (1) No
person shall enter or remain in any carriage on a railway for the
purpose of travelling therein as a passenger unless he has with him a
proper pass or ticket or obtained permission of a railway servant
authorised in this behalf for such travel.
(2) A person obtaining permission under sub-section (1) shall
ordinarily get a certificate from the railway servant referred to in
that sub-section that he has been permitted to travel in such carriage
on condition that he subsequently pays the fare payable for the
distance to be travelled.
56.
Power to refuse to carry persons suffering from infectious
orcontagious diseases.
56. Power to refuse to carry persons suffering from infectious or
contagious diseases.- (1) A person suffering from such infectious or
contagious diseases, as may be prescribed, shall not enter or remain
in any carriage on a railway or travel in a train without the
permission of a railway servant authorised in this behalf.
(2) The railway servant giving permission under sub-section (1),
shall arrange for the separation of the person suffering from such
disease from other persons in the train and such person shall be
carried in the train subject to such other conditions as may be
prescribed.
(3) Any person who enters or remains in any carriage or travels
in a train without permission as required under sub-section (1) or in
contravention of any condition prescribed under sub-section (2), such
person and a person accompanying him shall be liable to the forfeiture
of their passes or tickets and removal from railway by any railway
servant.
57.
Maximum number of passengers for each compartment.
57. Maximum number of passengers for each compartment.-Subject to
the approval of the Central Government, every railway administration
shall fix the maximum number of passengers which may be carried in
each compartment of every description of carriage, and shall exhibit
the number so fixed in a conspicuous manner inside or outside each
compartment in Hindi, English and also in one or more of the regional
languages commonly in use in the areas served by the railway.
58.
Earmarking of compartment, etc., for ladies.
58. Earmarking of compartment, etc., for ladies.- Every railway
administration shall, in every train carrying passengers, earmark for
the exclusive use of females, one compartment or such number of berths
or seats, as the railway administration may think fit.
59.
Communications between passengers and railway servant in charge oftrain.
59. Communications between passengers and railway servant in
charge of train.- A railway administration shall provide and maintain
in every train carrying passengers, such efficient means of
communication between the passengers and the railway servant in charge
of the train as may be approved by the Central Government:
Provided that where the railway administration is satisfied that
the means of communication provided in a train are being misused, it
may cause such means to be disconnected in that train for such period
as it thinks fit:
Provided further that the Central Government may specify the
circumstances under which a railway administration may be exempted
from providing such means of communication in any train.
268
60.
Power to make rules in respect of matters in this Chapter.
60. Power to make rules in respect of matters in this Chapter.-
(1) The Central Government may, by notification, make rules to carry
out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:--
(a) the convenience and accommodation (including the
reservation of seats or berths in trains) to passengers;
(b) the amount of refund for the cancellation of a ticket;
(c) the circumstances under which change of names of
passengers, having reserved seats or berths, may be permitted;
(d) the carriage of luggage and the conditions subject to
which luggage may be kept in the cloak rooms at the stations;
(e) diseases which are infectious or contagious;
(f) the conditions subject to which a railway administration
may carry passengers suffering from infectious or contagious
diseases and the manner in which carriages used by such
passengers may be disinfected;
(g) generally, for regulating the travelling upon, and the
use, working and management of the railways.
(3) Any rule made under this section may provide that a
contravention thereof shall be punishable with fine which shall not
exceed five hundred rupees.
(4) Every railway administration shall keep at every station on
its railway a copy of all the rules made under this section and shall
also allow any person to inspect it free of charge.
CHAP
CARRIAGE OF GOODS
CHAPTER IX
CARRIAGE OF GOODS
61.
Maintenance of rate-books, etc., for carriage of goods.
61. Maintenance of rate-books, etc., for carriage of goods.- Every
railway administration shall maintain, at each station and at such
other places where goods are received for carriage, the rate-books or
other documents which shall contain the rate authorised for the
carriage of goods from one station to another and make them available
for the reference of any person during all reasonable hours without
payment of any fee.
62.
Conditions for receiving, etc., of goods.
62. Conditions for receiving, etc., of goods.- (1) A railway
administration may impose conditions, not inconsistent with this Act
or any rules made thereunder, with respect to the receiving,
forwarding, carrying or delivering of any goods.
(2) A railway administration shall maintain, at each station and
at such other places where goods are received for carriage, a copy of
the conditions for the time being in force under sub-section (1) and
make them available for the reference of any person during all
reasonable hours without payment of any fee.
63.
Provision of risk rates.
63. Provision of risk rates.-(1) Where any goods are entrusted to
a railway administration for carriage, such carriage shall, except
where owner's risk rate is applicable in respect of such goods, be at
railway risk rate.
269
(2) Any goods, for which owner's risk rate and railway risk rate
are in force, may be entrusted for carriage at either of the rates and
if no rate is opted, the goods shall be deemed to have been entrusted
at owner's risk rate.
64.
Forwarding note.
64. Forwarding note.- (1) Every person entrusting any goods to a
railway administration for carriage shall execute a forwarding note in
such form as may be specified by the Central Government:
Provided that no forwarding note shall be executed in the case of
such goods as may be prescribed.
(2) The consignor shall be responsible for the correctness of the
particulars furnished by him in the forwarding note.
(3) The consignor shall indemnify the railway administration
against any damage suffered by it by reason of the incorrectness or
incompleteness of the particulars in the forwarding note.
65.
Railway receipt.
65. Railway receipt.-(1) A railway administration shall,--
(a) in a case where the goods are to be loaded by a person
entrusting such goods, on the completion of such loading; or
(b) in any other case, on the acceptance of the goods by it,
issue a railway receipt in such form as may be specified by the
Central Government.
(2) A railway receipt shall be prima facie evidence of the weight
and the number of packages stated therein:
Provided that in the case of a consignment in wagon-load or
train-load and the weight or the number of packages is not checked by
a railway servant authorised in this behalf, and a statement to that
effect is recorded in such railway receipt by him, the burden of
proving the weight or, as the case may be, the number of packages
stated therein, shall lie on the consignor, the consignee or the
endorsee.
66.
Power to require statement relating to the description of goods.
66. Power to require statement relating to the description of
goods.- (1) The owner or a person having charge of any goods which are
brought upon a railway for the purposes of carriage by railway, and
the consignee or the endorsee of any consignment shall, on the request
of any railway servant authorised in this behalf, deliver to such
railway servant a statement in writing signed by such owner or person
or by such consignee or endorsee, as the case may be, containing such
description of the goods as would enable the railway servant to
determine the rate for such carriage.
(2) If such owner or person refuses or neglects to give the
statement as required under sub-section (1) and refuses to open the
package containing the goods, if so required by the railway servant,
it shall be open to the railway administration to refuse to accept
such goods for carriage unless such owner or person pays for such
carriage the highest rate for any class of goods.
(3) If the consignee or endorsee refuses or neglects to give the
statement as required under sub-section (1) and refuses to open the
package containing the goods, if so required by the railway servant,
it shall be
270
open to the railway administration to charge in respect of the
carriage of the goods the highest rate for any class of goods.
(4) If the statement delivered under sub-section (1) is
materially false with respect to the description of any goods to which
it purports to relate, the railway administration may charge in
respect of the carriage of such goods such rate, not exceeding double
the highest rate for any class of goods as may be specified by the
Central Government.
(5) If any difference arises between a railway servant and such
owner or person, the consignee or the endorsee, as the case may be, in
respect of the description of the goods for which a statement has been
delivered under sub-section (1), the railway servant may detain and
examine the goods.
(6) Where any goods have been detained under sub-section (5) for
examination and upon such examination it is found that the description
of the goods is different from that given in the statement delivered
under sub-section (1), the cost of such detention and examination
shall be borne by such owner or person, the consignee or the endorsee,
as the case may be, and the railway administration shall not be liable
for any loss, damage or deterioration which may be caused by such
detention or examination.
67.
Carriage of dangerous or offensive goods.
67. Carriage of dangerous or offensive goods.-(1) No person shall
take with him on a railway, or require a railway administration to
carry such dangerous or offensive goods, as may be prescribed, except
in accordance with the provisions of this section.
(2) No person shall take with him on a railway the goods referred
to in sub-section (1) unless he gives a notice in writing of their
dangerous or offensive nature to the railway servant authorised in
this behalf.
(3) No person shall entrust the goods referred to in sub-section
(1) to a railway servant authorised in this behalf for carriage unless
he distinctly marks on the outside of the package containing such
goods their dangerous or offensive nature and gives a notice in
writing of their dangerous or offensive nature to such railway
servant.
(4) If any railway servant has reason to believe that goods
contained in a package are dangerous or offensive and notice as
required under sub-section (2) or sub-section (3), as the case may be,
in respect of such goods is not given, he may cause such package to be
opened for the purpose of ascertaining its contents.
(5) Notwithstanding anything contained in this section, any
railway servant may refuse to accept any dangerous or offensive goods
for carriage or stop, in transit, such goods or cause the same to be
removed, as the case may be, if he has reason to believe that the
provisions of this section for such carriage are not complied with.
(6) Nothing in this section shall be construed to derogate from
the provisions of the Indian Explosives Act, 1884 (4 of 1984), or any
rule or order made under that Act, and nothing in sub-sections (4) and
(5) shall be construed to apply to any goods entrusted for carriage by
order or on behalf of the Government or to any goods which a soldier,
sailor, airman or any other officer of the armed forces of the Union
or a police officer or a
271
member of the Territorial Army or of the National Cadet Corps may take
with him on a railway in the course of his employment or duty as such.
68.
Carriage of animals suffering from infectious or contagious diseases.
68. Carriage of animals suffering from infectious or contagious
diseases.- A railway administration shall not be bound to carry any
animal suffering from such infectious or contagious disease as may be
prescribed.
69.
Deviation of route.
69. Deviation of route.-Where due to any cause beyond the control
of a railway administration or due to congestion in the yard or any
other operational reasons, goods are carried over a route other than
the route by which such goods are booked, the railway administration
shall not be deemed to have committed a breach of the contract of
carriage by reason only of the deviation of the route.
70.
Prohibition of undue preference.
70. Prohibition of undue preference.- A railway administration
shall not make or give any undue or unreasonable preference or
advantage to, or in favour of, any particular person or any particular
description of traffic in the carriage of goods.
71.
Power to give direction in regard to carriage of certain goods.
71. Power to give direction in regard to carriage of certain
goods.-(1) The Central Government may, if it is of the opinion that it
is necessary in the public interest so to do, by general or special
order, direct any railway administration--
(a) to give special facilities for, or preference to, the
carriage of such goods or class of goods consigned by or to the
Central Government or the Government of any State or of such
other goods or class of goods;
(b) to carry any goods or class of goods by such route or
routes and at such rates;
(c) to restrict or refuse acceptance of such goods or class
of goods at or to such station for carriage,
as may be specified in the order.
(2) Any order made under sub-section (1) shall cease to have
effect after the expiration of a period of one year from the date of
such order, but may, by a like order, be renewed from time to time for
such period not exceeding one year at a time as may be specified in
the order.
(3) Notwithstanding anything contained in this Act, every railway
administration shall be bound to comply with any order given under
sub-section (1) and any action taken by a railway administration in
pursuance of any such order shall not be deemed to be a contravention
of section 70.
72.
Maximum carrying capacity for wagons and trucks.
72. Maximum carrying capacity for wagons and trucks.- (1) The
gross weight of every wagon or truck bearing on the axles when the
wagon or truck is loaded to its maximum carrying capacity shall not
exceed such limit as may be fixed by the Central Government for the
class of axle under the wagon or truck.
272
(2) Subject to the limit fixed under sub-section (1), every
railway administration shall determine the normal carrying capacity
for every wagon or truck in its possession and shall exhibit in words
and figures the normal carrying capacity so determined in a
conspicuous manner on the outside of every such wagon or truck.
(3) Every person owning a wagon or truck which passes over a
railway shall determine and exhibit the normal carrying capacity for
the wagon or truck in the manner specified in sub-section (2).
(4) Notwithstanding anything contained in sub-section (2) or sub-
section (3), where a railway administration considers it necessary or
expedient so to do in respect of any wagon or truck carrying any
specified class of goods or any class of wagons or trucks of any
specified type, it may vary the normal carrying capacity for such
wagon or truck or such class of wagons or trucks and subject to such
conditions as it may think fit to impose, determine for the wagon or
truck or class of wagons or trucks such carrying capacity as may be
specified in the notification and it shall not be necessary to exhibit
the words and figures representing the carrying capacity so determined
on the outside of such wagon or truck or such class of wagons or
trucks.
73.
Punitive charge for overloading a wagon.
73. Punitive charge for overloading a wagon. Where a person loads
goods in a wagon beyond its permissible carrying capacity as exhibited
under sub-section (2) or sub-section (3), or notified under sub-
section (4), of section 72, a railway administration may, in addition
to the freight and other charges, recover from the consignor, the
consignee or the endorsee, as the case may be, charges by way of
penalty at such rates, as may be prescribed, before the delivery of
the goods:
Provided that it shall be lawful for the railway administration
to unload the goods loaded beyond the capacity of the wagon, if
detected at the forwarding station or at any place before the
destination station and to recover the cost of such unloading and any
charge for the detention of any wagon on this account.
74.
Passing of property in the goods covered by railway receipt.
74. Passing of property in the goods covered by railway receipt.
The property in the consignment covered by a railway receipt shall
pass to the consignee or the endorsee, as the case may be, on the
delivery of such railway receipt to him and he shall have all the
rights and liabilities of the consignor.
75.
Section 74 not to affect right of stoppage in transit or claims forfreight.
75. Section 74 not to affect right of stoppage in transit or
claims for freight. Nothing contained in section 74 shall prejudice or
affect--
(a) any right of the consignor for stoppage of goods in
transit as an unpaid vendor (as defined under the Sale of Goods
Act, 1930) (3 of 1930.) on his written request to the railway
administration;
(b) any right of the railway to claim freight from the
consignor; or
(c) any liability of the consignee or the endorsee, referred
to in that section, by reason of his being such consignee or
endorsee.
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76.
Surrender of railway receipt.
76. Surrender of railway receipt. The railway administration
shall deliver the consignment under a railway receipt on the surrender
of such railway receipt:
Provided that in case the railway receipt is not forthcoming, the
consignment may be delivered to the person, entitled in the opinion of
the railway administration to receive the goods, in such manner as may
be prescribed.
77.
Power of railway administration to deliver goods or sale proceedsthereof
in certain cases.
77. Power of railway administration to deliver goods or sale
proceeds thereof in certain cases. Where no railway receipt is
forthcoming and any consignment or the sale proceeds of any
consignment are claimed by two or more persons, the railway
administration may withhold delivery of such consignment or sale
proceeds, as the case may be, and shall deliver such consignment or
sale proceeds in such manner as may be prescribed.
78.
Power to measure, weigh, etc.
78. Power to measure, weigh, etc. Notwithstanding anything
contained in the railway receipt, the railway administration may,
before the delivery of the consignment, have the right to--
(i) re-measure, re-weigh or re-classify any consignment,
(ii) re-calculate the freight and other charges; and
(iii) correct any other error or collect any amount that may
have been omitted to be charged.
79.
Weighment of consignment on request of the consignee or endorsee.
79. Weighment of consignment on request of the consignee or
endorsee.- A railway administration may, on the request made by the
consignee or endorsee, allow weighment of the consignment subject to
such conditions and on payment of such charges as may be prescribed
and the demurrage charges if any:
Provided that except in cases where a railway servant authorised
in this behalf considers it necessary so to do, no weighment shall be
allowed of goods booked at owner's risk rate or goods which are
perishable and are likely to lose weight in transit:
Provided further that no request for weighment of consignment in
wagon-load or train-load shall be allowed if the weighment is not
feasible due to congestion in the yard or such other circumstances as
may be prescribed.
80.
Liability of railway administration for wrong delivery.
80. Liability of railway administration for wrong delivery.-Where
a railway administration delivers the consignment to the person who
produces the railway receipt, it shall not be responsible for any
wrong delivery on the ground that such person is not entitled thereto
or that the endorsement on the railway receipt is forged or otherwise
defective.
81.
Open delivery of consigrments.
81. Open delivery of consigrments. Where the consignment arrives
in a damaged condition or shows signs of having been tampered with and
the consignee or the endorsee demands open delivery, the railway
administration shall give open delivery in such manner as may be
prescribed.
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82.
Partial delivery of consignments.
82. Partial delivery of consignments. - (1) The consignee or
endorsee shall, as soon as the consignment or part thereof is ready
for delivery, take delivery of such consignment or part thereof
notwithstanding that such consignment or part thereof is damaged.
(2) In the case of partial delivery under sub-section (1), the
railway administration shall furnish a partial delivery certificate,
in such form as may be prescribed.
(3) If the consignee or endorsee refuses to take delivery under
sub-section (1), the consignment or part thereof shall be subject to
wharfage charges beyond the time allowed for removal.
83.
Lien for freight or any other sum due.
83. Lien for freight or any other sum due.-(1) If the consignor,
the consignee or the endorsee fails to pay on demand any freight or
other charges due from him in respect of any consignment, the railway
administration may detain such consignment or part thereof or, if such
consignment is delivered, it may detain any other consignment of such
person which is in, or thereafter comes into, its possession.
(2) The railway administration may, if the consignment detained
under sub-section (1) is--
(a) perishable in nature, sell at once; or
(b) not perishable in nature, sell, by public auction, such
consignment or part thereof, as may be necessary to realise a sum
equal to the freight or other charges:
Provided that where a railway administration for reasons to be
recorded in writing is of the opinion that it is not expedient to hold
the auction, such consignment or part thereof may be sold in such
manner as may be prescribed.
(3) The railway administration shall give a notice of not less
than seven days of the public auction under clause (b) of sub-section
(2) in one or more local newspapers or where there are no such
newspapers in such manner as may be prescribed.
(4) The railway administration may, out of the sale proceeds
received under sub-section (2), retain a sum equal to the freight and
other charges including expenses for the sale due to it and the
surplus of such proceeds and the part of the consignment, if any,
shall be rendered to the person entitled thereto.
84.
Unclaimed consignment.
84. Unclaimed consignment.- (1) If any person fails to take
delivery of--
(a) any consignment; or
(b) the consignment released from detention made under sub-
section (1) of section 83; or
(c) any remaining part of the consignment under sub-section
(2) of section 83; such consignment shall be treated as
unclaimed.
(2) The railway administration may,--
(a) in the case of an unclaimed consignment which is
perishable in nature,
sell such consignment in the manner provided in clause (a) of
sub-section (2) of section 83; or
275
(b) in the case of an unclaimed consignment which is not
perishable in nature, cause a notice to be served upon the
consignee if his name and address are known, and upon the
consignor if the name and address of the consignee are not known,
requiring him to remove the goods within a period of seven days
from the receipt thereof and if such notice connot be served or
there is a failure to comply with the requisition in the notice,
sell such consignment in the manner provided in clause (b) of
sub-section (2) of section 83.
(3) The railway administration shall, out of the sale proceeds
received under sub-section (2), retain a sum equal to the freight and
other charges including expenses for the sale due to it and the
surplus, if any, of such sale proceeds shall be rendered to the person
entitled thereto.
85.
Disposal of perishable consignments in certain circumstances.
85. Disposal of perishable consignments in certain circumstances.-
(1) Where by reason of any flood, land-slip, breach of any lines of
rails, collision between trains, derailment of, or other accident to a
train or any other cause, traffic on any route is interrupted and
there is no likelihood of early resumption of such traffic, nor is
there any other reasonable route whereby traffic of perishable
consignment may be diverted to prevent, loss or deterioration of, or
damage to, such consignment, the railway administration may sell them
in the manner provided in clause (a) of sub-section (2) of section 83.
(2) The railway administration shall, out of the sale proceeds
received under sub-section (1), retain a sum equal to the freight and
other charges including expenses for the sale due to it and the
surplus, if any, of such sale proceeds, shall be rendered to the
person entitled thereto.
86.
Sales under sections 83 to 85 not to affect the right to suit.
86. Sales under sections 83 to 85 not to affect the right to
suit.-Notwithstanding anything contained in this Chapter, the right of
sale under sections 83 to 85 shall be without prejudice to the right
of the railway administration to recover by suit, any freight, charge,
amount or other expenses due to it.
87.
Power to make rules in respect of matters in this Chapter.
87. Power to make rules in respect of matters in this Chapter.-
(1) The Central Government may, by notification, make rules to carry
out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:--
(a) goods in respect of which no forwarding note shall be
executed under proviso to sub-section (1) of section 64;
(b) dangerous and offensive goods for the purposes of sub-
section (1) of section 67;
(c) infectious or contagious diseases for the purposes of
section 68;
(d) rates of penalty charges under section 73;
(e) the manner in which the consignment may be delivered
without a railway receipt under section 76;
(f) the manner of delivery of consignment or the sale
proceeds to the person entitled thereto under section 77;
276
(g) the conditions subject to which and charges payable for
allowing weighment and circumstances for not allowing weighment
of consignment in wagon-load or train-load under section 79;
(h) the manner of giving open delivery under section 81;
(i) the form of partial delivery certificate under sub-
section (2) of section 82;
(j) the manner of sale of consignment or part thereof under
the proviso to sub-section (2) of section 83;
(k) the manner in which a notice under sub-section (3) of
section 83 may be given;
(l) generally, for regulating the carriage of goods by the
railways.
(3) Any rule made under this section may provide that a
contravention thereof shall be punishable with fine which may extend
to one hundred and fifty rupees.
(4) Every railway administration shall keep at each station a
copy of the rules for the time being in force under this section, and
shall allow any person to refer to it free of charge.
CHAP
SPECIAL PROVISIONS AS TO GOODS BOOKED TO NOTIFIED STATIONS
CHAPTER X
SPECIAL PROVISIONS AS TO GOODS BOOKED TO NOTIFIED STATIONS
88.
Definitions.
88. Definitions.- In this Chapter, unless the context otherwise
requires,--
(a) "essential commodity" means an essential commodity as
defined in clause (a) of section 2 of the Essential Commodities
Act, 1955 (10 of 1955),
(b) "notified station" means a station declared to be a
notified station under section 89;
(c) "State Government", in relation to a notified station,
means the Government of the State in which such station is
situated, or where such station is situated in a Union territory,
the administrator of that Union territory appointed under article
239 of the Constitution.
89.
Power to declare notified stations.
89. Power to declare notified stations.- (1) The Central
Government may, if it is satisfied that it is necessary that goods
entrusted for carriage by train intended solely for the carriage of
goods to any railway station should be removed without delay from such
railway station, declare, by notification, such railway station to be
a notified station for such period as may be specified in the
notification:
Provided that before declaring any railway station to be a
notified station under this sub-section, the Central Government shall
have regard to all or any of the following factors, namely:--
(a) the volume of traffic and the storage space available at
such railway station;
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(b) the nature and quantities of goods generally booked to
such railway station;
(c) the scope for causing scarcity of such goods by not
removing them for long periods from such railway station and the
hardship which such scarcity may cause to the community;
(d) the number of wagons likely to be held up at such
railway station if goods are not removed therefrom quickly and
the need for quick movement and availability of such wagons;
(e) such other factors (being relevant from the point of
view of the interest of the general public) as may be prescribed:
Provided further that the period specified in any notification
issued under this sub-section in respect of any railway station shall
not exceed six months in the first instance, but such period may, by
notification, be extended from time to time by a period not exceeding
six months on each occasion.
(2) If any person entrusting any goods to a railway
administration to be carried to a notified station makes an
application in such form and manner as may be prescribed and specifies
therein the address of the person to whom intimation by registered
post of the arrival of the goods at the notified station shall be
given and pays the postage charges required for giving such
intimation, the railway administration shall, as soon as may be after
the arrival of the goods at the notified station, send such intimation
accordingly.
(3) There shall be exhibited at a conspicuous place at each
notified station a statement in the prescribed form setting out the
description of the goods which by reason of the fact that they have
not been removed from the station within a period of seven days from
the termination of transit thereof are liable to be sold, in
accordance with the provision, of sub-section (1) of section 90 by
public auction and the dates on which they would be so sold:
Provided that different statements may be so exhibited in respect
of goods proposed to be sold on different dates.
(4) If the goods specified in any statement to be exhibited under
sub-section (3) include essential commodities, the railway servant
preparing the statement shall, as soon as may be after the preparation
of such statement, forward a copy thereof to--
(a) the representative of the Central Government, nominated
by that Government in this behalf;
(b) the representative of the State Government nominated by
that Government in this behalf; and
(c) the District Magistrate within the local limits of whose
jurisdiction the railway station is situated.
90.
Disposal of unremoved goods at notified stations.
90. Disposal of unremoved goods at notified stations.-(1) If any
goods entrusted for carriage to any notified station by a train
intended solely for the carriage of goods are not removed from such
station by a person entitled to do so within a period of seven days
after the termination of transit thereof at such station, the railway
administration may, subject to the provisions of sub-section (2), sell
278
such goods by public auction and apart from exhibiting, in accordance
with the provisions of sub-section (3) of section 89, a statement
containing a description of such goods, it shall not be necessary to
give any notice of such public auction, but the date on which such
auction may be held under this sub-section may be notified in one or
more local newspapers, or where there are no such newspapers, in such
manner as may be prescribed:
Provided that if at any time before the sale of such goods under
this sub-section, the person entitled thereto pays the freight and
other charges and the expenses due in respect thereof to the railway
administration, he shall be allowed to remove such goods.
(2) If any goods which may be sold by public auction under sub-
section (1) at a notified station, being essential commodities, are
required by the Central Government or the State Government for its own
use or if the Central Government or such State Government considers
that it is necessary for securing the availability of all or any such
essential commodities at fair prices so to do, it may, by order in
writing, direct the railway servant in-charge of such auction to
transfer such goods to it or to such agency, co-operative society or
other person (being an agency, co-operative society or other person
subject to the control of the Government) engaged in the business of
selling such essential commodities as may be specified in the
direction.
(3) Every direction issued under sub-section (2) in respect of
any essential commodity shall be binding on the railway servant to
whom it is issued and the railway administration and it shall be a
sufficient defence against any claim by the person entitled to the
goods that such essential commodities have been transferred in
compliance with such direction:
Provided that--
(a) such direction shall not be binding on such railway
servant or the railway administration--
(i) if it has not been received by the railway servant
sufficiently in time to enable him to prevent the sale of
the essential commodities to which it relates; or
(ii) if before the time appointed for such sale, the
person entitled to such goods pays the freight and other
charges and the expenses due in respect thereof and claims
that he be allowed to remove the goods; or
(iii) if the price payable for such goods (as estimated
by the Central Government or, as the case may be, the State
Government) is not credited to the railway administration in
the prescribed manner and the railway administration is not
indemnified against any additional amount which it may
become liable to pay towards the price by reason of the
price not having been computed in accordance with the
provisions of sub-section (4);
279
(b) where directions are issued in respect of the same goods
both by the Central Government and the State Government, the
directions received earlier shall prevail.
(4) The price payable for any essential commodity transferred in
compliance with a direction issued under sub-section (2) shall be the
price calculated in accordance with the provisions of sub-section (3)
of section 3 of the Essential Commodities Act, 1955 (10 of 1955).
Provided that--
(a) in the case of any essential commodity being a food-
stuff in respect whereof a notification issued under sub-section
(3A) of section 3 of the Essential Commodities Act, 1955 (10 of
1955) is in force in the locality in which the notified station
is situated, the price payable shall be calculated in accordance
with the provisions of clauses (iii) and (iv) of that sub-
section;
(b) in the case of an essential commodity being any grade or
variety of foodgrains, edible oil-seeds or edible oils in respect
wereof no notification issued under sub-section (3A) of section 3
of the Essential Commodities Act, 1955 (10 of 1955), is in force
in the locality in which the notified station is situated, the
price payable shall be calculated in accordance with the
provisions of sub-section (3B) of that section;
(c) in the case of an essential commodity being any kind of
sugar in respect whereof no notification issued under sub-section
(3A) of section 3 of the Essential Commodities Act, 1955 (10 of
1955), is in force in the locality in which the notified station
is situated, the price payable shall, if such sugar has been
booked by them producer to himself, be calculated in accordance
with the provisions of sub-section (3C) of that section.
Explanation.--For the purposes of this clause, the
expressions "producer" and "sugar" shall have the meanings a
signed to these expressions in the Explanation to sub-section
(3C) of section 3, and clause (e) of section 2 of the Essential
Commodities Act, 1955 (10 of 1955), respectively.
91.
Price to be paid to person entitled after deducting dues.
91. Price to be paid to person entitled after deducting dues.-(1)
Out of the proceeds of any sale of goods under sub-section (1) of
section 90 or the price payable therefor under sub-section (4) of that
section, the railway administration may retain a sum equal to the
freight and other charges due in respect of such goods and the
expenses incurred in respect of the goods and the auction thereof and
render the surplus, if any, to the person entitled thereto.
(2) Notwithstanding anything contained in sub-section (1), the
railway administration may recover by suit any such freight or charge
or expenses referred to therein or balance thereof.
(3) Any goods sold under sub-section (1) of section 90 or
transferred in compliance with the directions issued under sub-section
(2) of that section shall vest in the buyer or the transferee free
from all encumbrances but subject to a priority being given for the
sum which may be retained by a railway administration under sub-
section (1), the person in whose favour such encumbrance subsits may
have a claim in respect of such encumbrance against the surplus, if
any, referred to in that sub-section.
280
92.
Power to make rules in respect of matters in this Chapter.
92. Power to make rules in respect of matters in this Chapter.-
(1) The Central Government may, by notification, make rules to carry
out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:--
(a) the factors to which the Central Government shall have
regard under clause (e) of the first proviso to sub-section (1)
of section 89;
(b) the form and manner in which an application may be made
under sub-section (2) of section 89;
(c) the form in which a statement is required to be
exhibited under sub-section (3) of section 89;
(d) the manner in which the dates of public auctions may be
notified under sub-section (1) of section 90;
(e) the manner of crediting to the railway administration
the price of goods referred to in sub-clause (iii) of clause (a)
of the proviso to sub-section (3) of section 90.
CHAP
RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS
CHAPTER XI
RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS
93.
General responsibility of a railway administration as carrier ofgoods.
93. General responsibility of a railway administration as carrier
of goods.- Save as otherwise provided in this Act, a railway
administration shall be responsible for the loss, destruction, damage
or deterioration in transit, or non-delivery of any consignment,
arising from any cause except the following, namely:--
(a) act of God;
(b) act of war;
(c) act of public enemies;
(d) arrest, restraint or seizure under legal process;
(e) orders or restrictions imposed by the Central Government
or a State Government or by an officer or authority subordinate
to the Central Government or a State Government authorised by it
in this behalf;
(f) act or omission or negligence of the consignor or the
consignee or the endorsee or the agent or servant of the
consignor or the consignee or the endorsee;
(g) natural deterioration or wastage in bulk or weight due
to inherent defect, quality or vice of the goods;
(h) latent defects;
(i) fire, explosion or any unforeseen risk:
Provided that even where such loss, destruction, damage,
deterioration or non-delivery is proved to have arisen from any one or
more of the aforesaid causes, the railway administration shall not be
relieved of its responsibility for the loss, destruction, damage,
deterioration or
281
non-delivery unless the railway administration further proves that it
has used reasonable foresight and care in the carriage of the goods.
94.
Goods to be loaded or delivered at a siding not belonging to a
railwayadministration.
94. Goods to be loaded or delivered at a siding not belonging to
a railway administration.-(1) Where goods are required to be loaded at
a siding not belonging to a railway administration for carriage by
railway, the railway administration shall not be responsible for any
loss, destruction, damage or deterioration of such goods from whatever
cause arising, until the wagon containing the goods has been placed at
the specified point of interchange of wagons between the siding and
the railway administration and a railway servant authorised in this
behalf has been informed in writing accordingly by the owner of the
siding.
(2) Where any consignment is required to be delivered by a
railway administration at a siding not belonging to a railway
administration, the railway administration shall not be responsible
for any loss, destruction, damage or deterioration or non-delivery of
such consignment from whatever cause arising after the wagon
containing the consignment has been placed at the specified point of
interchange of wagons between the railway and the siding and the owner
of the siding has been informed in writing accordingly by a railway by
a railway servant authorised in this behalf.
95.
Delay or retention in transit.
95. Delay or retention in transit.-A railway administration shall
not be responsible for the loss, destruction, damage or deterioration
of any consignment proved by the owner to have been caused by the
delay or detention in their carriage if the railway administration
proves that the delay or detention arose for reasons beyond its
control or without negligence or misconduct on its part or on the part
of any of its servants.
96.
Traffic passing over railways in India and railways in foreigncountries.
96. Traffic passing over railways in India and railways in
foreign countries.- Where in the course of carriage of any consignment
from a place in India to a place outside India or from a place outside
India to a place in India or from one place outside India to another
place outside India or from one place in India to another place in
India over any territory outside India, it is carried over the
railways of any railway administration in India, the railway
administration shall not be responsible under any of the provisions of
this Chapter for the loss, destruction, damage or deterioration of the
goods, from whatever cause arising, unless it is proved by the owner
of the goods that such loss, destruction, damage or deterioration
arose over the railway of the railway administration.
97.
Goods carried at owner's risk rate.
97. Goods carried at owner's risk rate.- Notwithstanding anything
contained in section 93, a railway administration shall not be
responsible for any loss, destruction, damage, deterioration or non-
delivery in transit, of any consignment carried at owner's risk rate,
from whatever cause arising, except upon proof, that such loss,
destruction, damage, deterioration or non-delivery was due to
negligence or misconduct on its part or on the part of any of its
servants:
Provided that--
(a) where the whole of such consignment or the whole of any
package forming part of such consignment is not delivered to the
consignee or the endorsee and such non-delivery is not proved by
the railway administration to have been due to fire or to any
accident to the train; or
282
(b) where in respect of any such consignment or of any
package forming part of such consignment which had been so
covered or protected that the covering or protection was not
readily removable by hand, it is pointed out to the railway
administration on or before delivery that any part of that
consignment or package had been pilfered in transit,
the railway administration shall be bound to disclose to the
consignor, the consignee or the endorsee how the consignment or the
package was dealt with throughout the time it was in its possession or
control, but if negligence or misconduct on the part of the railway
administration or of any of its servants cannot be fairly inferred
from such disclosure, the burden of proving such negligence or
misconduct shall lie on the consignor, the
consignee or the endorsee.
98.
Goods in defective condition or defectively packed.
98. Goods in defective condition or defectively packed.- (1)
Notwithstanding anything contained in the foregoing provisions of this
Chapter, when any goods entrusted to a railway administration for
carriage--
(a) are in a defective condition as a consequence of which
they are liable to damage, deterioration, leakage or wastage; or
(b) are either defectively packed or not packed in such
manner as may be prescribed and as a result of such defective or
improper packing are liable to damage, deterioration, leakage or
wastage,
and the fact of such condition or defective or improper packing has
been recorded by the consignor or his agent in the forwarding note,
the railway administration shall not be responsible for any damage,
deterioration, leakage or wastage or for the condition in which such
goods are available for delivery at destination:
Provided that the railway administration shall be responsible for
any such damage, deterioration, leakage or wastage or for the
condition in which such goods are available for delivery at
destination if negligence or misconduct on the part of the railway
administration or of any of its servants is proved.
(2) When any goods entrusted to a railway administration for
carriage are found on arrival at the destination station to have been
damaged or to have suffered deterioration, leakage or wastage, the
railway administration shall not be responsible for the damage,
deterioration, leakage or wastage of the goods on proof by railway
administration,--
(a) that the goods were, at the time of entrustment to the
railway administration, in a defective condition, or were at that
time either defectively packed or not packed in such manner as
may be prescribed and as a result of which were liable to damage,
deterioration, leakage or wastage; and
(b) that such defective condition or defective or improper
packing was not brought to the notice of the railway
administration or any of its servants at the time of entrustment
of the goods to the railway administration for carriage by
railway:
283
Provided that the railway administration shall be responsible for
any such damage, deterioration, leakage or wastage if negligence or
misconduct on the part of the railway administration or of any of its
servants is proved.
99.
Responsibility of a railway administration after termination oftransit.
99. Responsibility of a railway administration after termination
of transit.- (1) A railway administration shall be responsible as a
bailee under sections 151, 152 and 161 of the Indian Contract Act,
1872 (9 of 1872), for the loss, destruction, damage, deterioration or
non-delivery of any consignment up to a period of seven days after the
termination of transit:
Provided that where the consignment is at owner's risk rate, the
railway administration shall not be responsible as a bailee for such
loss, destruction, damage, deterioration or non-delivery except on
proof of negligence or misconduct on the part of the railway
administration or of any of its servants.
(2) The railway administration shall not be responsible in any
case for the loss, destruction, damage, deterioration or non-delivery
of any consignment arising after the expiry of a period of seven days
after the termination of transit.
(3) Notwithstanding anything contained in the foregoing
provisions of this section, a railway administration shall not be
responsible for the loss, destruction, damage, deterioration or non-
delivery of perishable goods, animals, explosives and such dangerous
or other goods as may be prescribed, after the termination of transit.
(4) Nothing in the foregoing provisions of this section shall
affect the liability of any person to pay any demurrage or wharfage,
as the case may be, for so long as the consignment is not unloaded
from the railway wagons or removed from the railway premises.
100.
Responsibility as carrier of luggage.
100. Responsibility as carrier of luggage.- A railway
administration shall not be responsible for the loss, destruction,
damage, deterioration or non-delivery of any luggage unless a railway
servant has booked the luggage and given a receipt therefor and in the
case of luggage which is carried by the passenger in his charge,
unless it is also proved that the loss, destruction, damage or
deterioration was due to the negligence or misconduct on its part or
on the part of any of its servants.
101.
Responsibility as a carrier of animals.
101. Responsibility as a carrier of animals.- A railway
administration shall not be responsible for any loss or destruction
of, or injuries to, any animal carried by railway arising from freight
or restiveness of the animal or from overloading of wagons by the
consignor.
102.
Exoneration from liability in certain cases.
102. Exoneration from liability in certain cases.-Notwithstanding
anything contained in the foregoing provisions of this Chapter, a
railway administration shall not be responsible for the loss,
destruction, damage, deterioration or non-delivery of any
consignment,--
(a) when such loss, destruction, damage, deterioration or
non-delivery is due to the fact that a materially false
description of the consignment is given in the statement
delivered under sub-section (1) of section 66; or
284
(b) where a fraud has been practised by the consignor or the
consignee or the endorsee or by an agent of the consignor,
consignee or the endorsee; or
(c) where it is proved by the railway administration to have
been caused by, or to have arisen from--
(i) improper loading or unloading by the consignor or
the consignee or the endorsee or by an agent of the
consignor, consignee or the endorsee;
(ii) riot, civil commotion, strike, lock-out, stoppage
or restraint of labour from whatever cause arising whether
partial or general; or
(d) for any indirect or consequential loss or damage or for
loss of particular market.
103.
Extent of monetary liability in respect of any consignment.
103. Extent of monetary liability in respect of any consignment.-
(1) Where any consignment is entrusted to a railway administration for
carriage by railway and the value of such consignment has not been
declared as required under sub-section (2) by the consignor, the
amount of liability of the railway administration for the loss,
destruction, damage, deterioration or non-delivery of the consignment
shall in no case exceed such amount calculated with reference to the
weight of the consignment as may be prescribed, and where such
consignment consists of an animal, the liability shall not exceed such
amount as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1), where
the consignor declares the value of any consignment at the time of its
entrustment to a railway administration for carriage by railway, and
pays such percentage charge as may be prescribed on so much of the
value of such consignment as is in excess of the liability of the
railway administration as calculated or specified, as the case may be,
under sub-section (1), the liability of the railway administration for
the loss, destruction, damage, deterioration or non-delivery of such
consignment shall not exceed the value so declared.
(3) The Central Government may, from time to time, by
notification, direct that such goods as may be specified in the
notification shall not be accepted for carriage by railway unless the
value of such goods is declared and percentage charge is paid as
required under sub-section (2).
104.
Extent of liability in respect of goods carried in open wagon.
104. Extent of liability in respect of goods carried in open
wagon.- Where any goods, which, under ordinary circumstances, would be
carried in covered wagon and would be liable to damage, if carried
otherwise, are with the consent of the consignor, recorded in the
forwarding note, carried in open wagon, the responsibility of railway
administration for destruction, damage or deterioration which may
arise only by reason of the goods being so carried, shall be one-half
of the amount of liability for such destruction, damage or
deterioration determined under this Chapter.
285
105.
Right of railway administration to check contents of
certainconsignment or luggage.
105. Right of railway administration to check contents of certain
consignment or luggage.- Where the value has been declared under
section 103 in respect of any consignment a railway administration may
make it a condition of carrying such consignment that a railway
servant authorised by it in this behalf has been satisfied by
examination or otherwise that the consignment tendered for carriage
contain the articles declared.
106.
Notice of claim for compensation and refund of overcharge.
106. Notice of claim for compensation and refund of overcharge.-
(1) A person shall not be entitled to claim compensation against a
railway administration for the loss, destruction, damage,
deterioration or non-delivery of goods carried by railway, unless a
notice thereof is served by him or on his behalf,--
(a) to the railway administration to which the goods are
entrusted for carriage; or
(b) to the railway administration on whose railway the
destination station lies, or the loss, destruction, damage or
deterioration occurs,
within a period of six months from the date of entrustment of the
goods.
(2) Any information demanded or enquiry made in writing from, or
any complaint made in writing to, any of the railway administrations
mentioned in sub-section (1) by or on behalf of the person within the
said period of six months regarding the non-delivery or delayed
delivery of the goods with particulars sufficient to identify the
goods shall, for the purpose of this section, be deemed to be a notice
of claim for compensation.
(3) A person shall not be entitled to a refund of an overcharge
in respect of goods carried by railway unless a notice therefor has
been served by him or on his behalf to the railway administration to
which the overcharge has been paid within six months from the date of
such payment or the date of delivery of such goods at the destination
station, whichever is later.
107.
Applications for compensation for loss, etc., of goods.
107. Applications for compensation for loss, etc., of goods.-An
application for compensation for loss, destruction, damage,
deterioration or non-delivery of goods shall be filed against the
railway administration on whom a notice under section 106 has been
served.
108.
Person entitled to claim compensation.
108. Person entitled to claim compensation.- (1) If a railway
administration pays compensation for the loss, destruction, damage,
deterioration or non-delivery of goods entrusted to it for carriage,
to the consignee or the endorsee producing the railway receipt, the
railway administration shall be deemed to have discharged its
liability and no application before the Claims Tribunal or any other
legal proceeding shall lie against the railway administration on the
ground that the consignee or the endorsee was not legally entitled to
receive such compensation.
(2) Nothing in sub-section (1) shall affect the right of any
person having any interest in the goods to enforce the same against
the consignee or the endorsee receiving compensation under that sub-
section.
286
109.
Railway administration against which application for compensation forpersonal
injury is to be filed.
109. Railway administration against which application for
compensation for personal injury is to be filed.-An application before
the Claims Tribunal for compensation for the loss of life or personal
injury to a passenger, may be instituted against,--
(a) the railway administration from which the passenger
obtained his pass or purchased his ticket, or
(b) the railway administration on whose railway the
destination station lies or the loss or personal injury occurred.
110.
Burden of proof.
110. Burden of proof.- In an application before the Claims
Tribunal for compensation for loss, destruction, damage, deterioration
or non-delivery of any goods, the burden of proving--
(a) the monetary loss actually sustained; or
(b) where the value has been declared under sub-section (2)
of section 103 in respect of any consignment that the value so
declared is its true value,
shall lie on the person claiming compensation, but subject to the
other provisions contained in this Act, it shall not be necessary for
him to prove how the loss, destruction, damage, deterioration or
non-delivery was caused.
111.
Extent of liability of railway administration in respect of accidentsat sea.
111. Extent of liability of railway administration in respect of
accidents at sea.-(1) When a railway administration contracts to carry
passengers or goods partly by railway and partly by sea, a condition
exempting the railway administration from responsibility for any loss
of life, personal injury or loss of or damage to goods which may
happen during the carriage by sea from act of God, public enemies,
fire, accidents from machinery, boilers and steam and all and every
other dangers and accidents of the seas, rivers and navigation of
whatever nature and kind shall, without being expressed, be deemed to
be part of the contract, and, subject to that condition, the railway
administration shall, irrespective of the nationality or ownership of
the ship used for the carriage by sea, be responsible for any loss of
life, personal injury or loss of or damage to goods which may happen
during the carriage by sea, to the extent to which it would be
responsible under the Merchant Shipping Act, 1958 (44 of 1958), if
the ships were registered under that Act and the railway
administration were owner of the ship and not to any greater extent.
(2) The burden of proving that any such loss, injury or damage as
is mentioned in sub-section (1) happened during the carriage by sea
shall lie on the railway administration.
112.
Power to make rules in respect of matters in this Chapter.
112. Power to make rules in respect of matters in this Chapter.-
(1) The Central Government may, by notification, make rules to carry
out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:--
(a) the manner of packing of goods entrusted to a railway
administration under clause (b) of sub-section (1) of section 98;
(b) the goods for the purposes of sub-section (3) of section
99; and
287
(c) the maximum amount payable by the railway administration
for the loss, destruction, damage, deterioration or non-delivery
of any consignment under sub-section (1) of section 103.
CHAP
ACCIDENTS
CHAPTER XII
ACCIDENTS
113.
Notice of railway accident.
113. Notice of railway accident.- (1) Where, in the course of
working a railway,--
(a) any accident attended with loss of any human life, or
with grievous hurt, as defined in the Indian Penal Code (45 of
1860), or with such serious injury to property as may be
prescribed; or
(b) any collision between trains of which one is a train
carrying passengers; or
(c) the derailment of any train carrying passengers, or of
any part of such train; or
(d) any accident of a description usually attended with loss
of human life or with such grievous hurt as aforesaid or with
serious injury to property; or
(e) any accident of any other description which the Central
Government may notify in this behalf in the Official Gazette,
occurs, the station master of the station nearest to the place at
which the accident occurs or where there is no station master,
the railway servant in charge of the section of the railway on
which the accident occurs, shall, without delay, give notice of
the accident to the District Magistrate and Superintendent of
Police, within whose jurisdiction the accident occurs, the
officer in charge of the police station within the local limits
of which the accident occurs and to such other Magistrate or
police officer as may be appointed in this behalf by the Central
Government.
(2) The railway administration within whose jurisdiction the
accident occurs, as also the railway administration to whom the train
involved in the accident belongs, shall without delay, give notice of
the accident to the State Government and the Commissioner having
jurisdiction over the place of the accident.
114.
Inquiry by Commissioner.
114. Inquiry by Commissioner.- (1) On the receipt of a notice
under section 113 of the occurrence of an accident to a train carrying
passengers resulting in loss of human life or grievous hurt causing
total or partial disablement of permanent nature to a passenger or
serious damage to railway property, the Commissioner shall, as soon as
may be, notify the railway administration in whose jurisdiction the
accident occurred of his intention to hold an inquiry into the causes
that led to the accident and shall at the same time fix and
communicate the date, time and place of inquiry:
Provided that it shall be open to the Commissioner to hold an
inquiry into any other accident which, in his opinion, requires the
holding of such an inquiry.
(2) If for any reason, the Commissioner is not able to hold an
inquiry as soon as may be after the occurrence of the accident, he
shall notify the railway administration accordingly.
288
115.
Inquiry by railway administration.
115. Inquiry by railway administration.-Where no inquiry is held
by the Commissioner under sub-section (1) of section 114 or where the
Commissioner has informed the railway administration under sub-section
(2) of that section that he is not able to hold an inquiry, the
railway administration within whose jurisdiction the accident occurs,
shall cause an inquiry to be made in accordance with the prescribed
procedure.
116.
Powers of Commissioner in relation to inquiries.
116. Powers of Commissioner in relation to inquiries.-(1) For the
purpose of conducting an inquiry under this Chapter into the causes of
any accident on a railway, the Commissioner shall, in addition to the
powers specified in section 7, have the powers as are vested in a
civil court while trying a suit under the Code of Civil Procedure,
1908 (5 of 1908), in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of persons and
examining them on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from
any court or office;
(e) any other matter which may be prescribed.
(2) The Commissioner while conducting an inquiry under this
Chapter shall be deemed to be a Civil Court for the purposes of
section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973
(2 of 1974),
117.
Statement made before Commissioner.
117. Statement made before Commissioner.- No statement made by a
person in the course of giving evidence in an inquiry before the
Commissioner shall subject him to, or be used against him in, any
civil or criminal proceeding, except a prosecution for giving false
evidence by such statement:
Provided that the statement is--
(a) made in reply to a question which is required by the
Commissioner to answer; or
(b) relevant to the subject-matter of the inquiry.
118.
Procedure, etc.
118. Procedure, etc.- Any railway administration or the
Commissioner conducting an inquiry under this Chapter may send notice
of the inquiry to such persons, follow such procedure, and prepare the
report in such manner as may be prescribed.
119.
No inquiry, investigation, etc., to be made if the Commission ofInquiry
is appointed.
119. No inquiry, investigation, etc., to be made if the
Commission of Inquiry is appointed.-Notwithstanding anything contained
in the foregoing provisions of this Chapter, where a Commission of
Inquiry is appointed under the Commissions of Inquiry Act, 1952 (3 of
1952), to inquire into an accident, any inquiry, investigation or
other proceeding pending in relation to that accident shall not be
proceeded with, and all records or other documents relating to such
inquiry shall be forwarded to such authority as may be specified by
the Central Government in this behalf.
289
120.
Inquiry into accident not covered by section 113.
120. Inquiry into accident not covered by section 113.- Where any
accident of the nature not specified in section 113 occurs in the
course of working a railway, the railway administration within whose
jurisdiction the accident occurs, may cause such inquiry to be made
into the causes of the accident, as may be prescribed.
121.
Returns.
121. Returns.- Every railway administration shall send to the
Central Government, a return of accidents occurring on its railway,
whether attended with injury to any person or not, in such form and
manner and at such intervals as may be prescribed.
122.
Power to make rules in respect of matters in this Chapter.
122. Power to make rules in respect of matters in this Chapter.-
(1) The Central Government may, by notification, make rules to carry
out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:--
(a) the injury to property which shall be considered serious
under clause (a) of sub-section (1) of section 113;
(b) the forms of notice of accidents to be given under
section 113 and the particulars of the accident such notices
shall contain;
(c) the manner of sending the notices of accidents,
including the class of accidents to be sent immediately after the
accident;
(d) the duties of the Commissioner, railway administration,
railway servants, police officers and Magistrates on the
occurrence of an accident;
(e) the persons to whom notices in respect of any inquiry
under this Chapter are to be sent, the procedure to be followed
in such inquiry and the manner in which a report of such inquiry
shall be prepared;
(f) the nature of inquiry to be made by a railway
administration into the causes of an accident under section 120;
(g) the form and manner of sending a return of accidents by
a railway administration under section 121.
CHAP
LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERSDUE TO
ACCIDENTS
CHAPTER XIII
LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERS
DUE TO ACCIDENTS
123.
Definitions.
123. Definitions.- In this Chapter, unless the context otherwise
requires,--
(a) "accident" means an accident of the nature described in
section 124;
(b) "dependant" means any of the following relatives of a
deceased passenger, namely:--
(i) the wife, husband, son and daughter, and in case
the deceased passenger is unmarried or is a minor, his
parent;
(ii) the parent, minor brother or unmarried sister,
widowed sister, widowed daughter-in-law and a minor child of
a pre-
290
deceased son, if dependant wholly or partly on the deceased
passenger;
(iii) a minor child of a pre-deceased daughter, if
wholly dependant on the deceased passenger;
(iv) the paternal grand parent wholly dependant on the
deceased passenger.
1*[(c) "untowrd incident" means--
(1) (i) the commission of a trrorist act within the
meaning of sub-section (1) of section (3) of the Terrorist
and Distruptive Activite (Prevention) Act, 1987; or
(ii) the making of a violent attack or the commission of
robbery or dacoity; or
(iii) the indulging in rioting, shoot-out or arson,
by any person in or on any train carrying passengers, or in
a waiting hall, cloak room or reservation or booking office
or on any platform or in any other place within the precincts
of a railway station; or
(2) the accidental falling of any passenger from a train
carrying passengers.]
124.
Extent of liability.
124. Extent of liability.- When in the course of working a
railway, an accident occurs, being either a collision between trains
of which one is a train carrying passengers or the derailment of or
other accident to a train or any part of a train carrying passengers,
then whether or not there has been any wrongful act, neglect or
default on the part of the railway administration such as would
entitle a passenger who has been injured or has suffered a loss to
maintain an action and recover damages in respect thereof, the railway
administration shall, notwithstanding anything contained in any other
law, be liable to pay compensation to such extent as may be prescribed
and to that extent only for loss occasioned by the death of a
passenger dying as a result of such accident, and for personal injury
and loss, destruction, damage or deterioration of goods owned by the
passenger and accompanying him in his compartment or on the train,
sustained as a result of such accident.
Explanation.--For the purposes of this section "passenger"
includes a railway servant on duty.
2*[124A. When in the course of working a railway an untoward
incident acccurs, then whether or not there has been any wrongful act,
neglaect or default on the part of the railway administration such as
would entitle a passenger who has been injured or the department of a
passenger who has been killed to maintain an action and recover
damages in respect thereof, the the railway administation shall.
notwithstanding anything contained in any other law, be liable to pay
compensaation to such extent as may be prescribed and to that extent
only of loss occassioned by the death of, or injury to, a passenger as
a result of such untoward incident:
Provided that no compensation shall be payble under this
section by the railway administration if the passenger dies or suffers
injury due to-
(a) suicide or attempted suicide by him;
(b) self-infficented injury;
(c) his own criminal act;
(d) any act aommitted by him in a state of intoxication or
insanity;
(e) any natural cause or desese or medical or surgical
treatment unless such treatment becomes necessary due to injury caused
by the said untoward incident.
Explanation.- For the purpose of this section, "passenger" includes-
(i) a railway servent on duty; and
(ii) a person who has purchased a valid ticket for travelling,
by a train carrying passengers, on any date or a valid platform ticket
and becomes a victim of an untword incident.]
125.
Application for compensation.
125. Application for compensation.- (1) An application for
compensation under section 124 3*[or section 124A] may be made to the
Claims Tribunal--
(a) by the person who has sustained the injury or suffered
any loss, or
(b) by any agent duly authorised by such person in this
behalf, or
(c) where such person is a minor, by his guardian, or
(d) where death has resulted from the accident, 3*[or
the untoword incident] by any dependant of the deceased or where
such a dependant is a minor, by his guardian.
(2) Every application by a dependant for compensation under this
section shall be for the benefit of every other dependant.
126.
Interim relief by railway administration.
126. Interim relief by railway administration.-(1) Where a person
who has made an application for compensation under section 125 desires
to be paid interim relief, he may apply to the railway administration
for payment of interim relief along with a copy of the application
made under that section.
(2) Where, on the receipt of an application made under sub-
section (1) and after making such inquiry as it may deem fit, the
railway administration is satisfied that circumstances exist which
require relief to be afforded to the applicant immediately, it may,
pending determination by the Claims Tribunal of the actual amount of
compensation payable under section 124 3*[or section 124] pay to any
person who has sustained the injury or suffered any loss, or where
death has resulted from the accident, to any dependant of the
deceased, such sum as it considers
----------------------------------------------------------------------
1. Ins. by Act 28 of 1994, s. 2 (w.e.f. 1-8-1994).
2. Ins. by s. 3, ibid. (w.e.f. 1-8-1994.
3. Ins. by s. 4, ibid. (w.e.f. 1-8-1994.
291
reasonable for affording such relief, so however, that the sum paid
shall not exceed the amount of compensation payable at such rates as
may be prescribed.
(3) The railway administration shall, as soon as may be, after
making an order regarding payment of interim relief under sub-section
(2), send a copy thereof to the Claims Tribunal.
(4) Any sum paid by the railway administration under sub-section
(2) shall be taken into account by the Claims Tribunal while
determining the amount of compensation payable.
127.
Determination of compensation in respect of any injury or loss ofgoods.
127. Determination of compensation in respect of any injury or
loss of goods.- (1) Subject to such rules as may be made, the rates of
compensation payable in respect of any injury shall be determined by
the Claims Tribunal.
(2) The compensation payable in respect of any loss of goods
shall be such as the Claims Tribunal may, having regard to the
circumstances of the case, determine to be reasonable.
128.
Saving as to certain rights.
128. Saving as to certain rights.- (1) The right of any person to
claim compensation under section 124 1*[or section 124A] shall not
affect the right of any such person to recover compensation payable
under the Workmen's Compensation Act, 1923 (8 of 1923), or any other
law for the time being in force; but no person shall be entitled to
claim compensation more than once in respect of the same accident.
(2) Nothing in sub-section (1) shall affect the right of any
person to claim compensation payable under any contract or scheme
providing for payment of compensation for death or personal injury or
for damage to property or any sum payable under any policy of
insurance.
129.
Power to make rules in respect of matters in this Chapter.
129. Power to make rules in respect of matters in this Chapter.-
(1) The Central Government may, by notification, make rules to carry
out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:--
(a) the compensation payable for death;
(b) the nature of the injuries for which compensation shall
be paid and the amount of such compensation.
CHAP
REGULATION OF HOURS OF WORK AND PERIOD OF REST
CHAPTER XIV
REGULATION OF HOURS OF WORK AND PERIOD OF REST
130.
Definitions.
130. Definitions.- In this Chapter, unless the context otherwise
requires,--
(a) the employment of a railway servant is said to be
"continuous" except when it is excluded or has been declared to
be essentially intermittent or intensive;
(b) the employment of a railway servant is said to be
"essentially intermittent" when it has been declared to be so by
the pres-
----------------------------------------------------------------------
1. Ins. by Act 28 of 1994, s. 6 (w.e.f 1-8-1994).
292
cribed authority on the ground that the daily hours of duty of
the railway servant normally include periods of inaction
aggregating to fifty per cent. or more (including at least one
such period of not less than one hour or two such periods of not
less than half an hour each) in a tour of twelve hours duty (on
the average over seventy-two consecutive hours), during which the
railway servant may be on duty, but is not called upon to display
either physical activity or sustained attention;
(c) the employment of a railway servant is said to be
"excluded", if he belongs to any one of the following categories,
namely:--
(i) railway servants employed in a managerial or
confidential capacity;
(ii) armed guards or other personnel subject to
discipline similar to that of any of the armed police
forces;
(iii) staff of the railway schools imparting technical
training or academic education;
(iv) such staff as may be specified as supervisory
under the rules;
(v) such other categories of staff as may be
prescribed;
(d) the employment of a railway servant is said to be
"intensive" when it has been declared to be so by the prescribed
authority on the ground that it is of a strenuous nature
involving continued concentration or hard manual labour with
little or no period of relaxation.
131.
Chapter not to apply to certain railway servants.
131. Chapter not to apply to certain railway servants.-Nothing in
this Chapter shall apply to any railway servant to whom the Factories
Act, 1948 (63 of 1948.) or the Mines Act 1952 (35 of 1952) or the
Railway Protection Force Act, 1957 (23 of 1957) or the Merchant
Shipping Act, 1958 (44 of 1958), applies.
132.
Limitation of hours of work.
132. Limitation of hours of work.- (1) A railway servant whose
employment is essentially intermittent shall not be employed for more
than seventy-five hours in any week.
(2) A railway servant whose employment is continuous shall not be
employed for more than fifty-four hours a week on an average in a two-
weekly period of fourteen days.
(3) A railway servant whose employment is intensive shall not be
employed for more than forty-five hours a week on an average in a two-
weekly period of fourteen days.
(4) Subject to such rules as may be prescribed, temporary
exemptions of railway servants from the provisions of sub-section (1)
or sub-section (2) or sub-section (3) may be made by the prescribed
authority if it is of opinion that such temporary exemptions are
necessary to avoid serious interference with the ordinary working of
the railway or in cases of accident, actual or threatened, or when
urgent work is required to be done to the railway or to rolling stock
or in any emergency which
293
could not have been foreseen or prevented, or in other cases of
exceptional pressure of work:
Provided that where such exemption results in the increase of
hours of employment of a railway servant referred to in any of the
sub-sections, he shall be paid overtime at not less than two times his
ordinary rate of pay for the excess hours of work.
133.
Grant of periodical rest.
133. Grant of periodical rest.- (1) Subject to the provisions of
this section, a railway servant--
(a) whose employment is intensive or continuous shall, for
every week commencing on a Sunday, be granted a rest of not less
than thirty consecutive hours;
(b) whose employment is essentially intermittent shall, for
every week commencing on a Sunday, be granted a rest of not less
than twenty-four consecutive hours including a full night.
(2) Notwithstanding anything contained in sub-section (1),--
(i) any locomotive or traffic running staff shall be
granted, each month, a rest of at least four periods of not less
than thirty consecutive hours each or at least five periods of
not less than twenty-two consecutive hours each, including a full
night;
(ii) the Central Government may, by rules, specify the
railway servants to whom periods of rest on scales less than
those laid down under sub-section (1) may be granted and the
periods thereof.
(3) Subject to such rules as may be made in this behalf, if the
prescribed authority is of the opinion that such circumstances as are
referred to in sub-section (4) of section 132 are present, it may
exempt any railway servant from the provisions of sub-section (1) or
clause (i) of sub-section (2):
Provided that a railway servant so exempted shall, in such
circumstances as may be prescribed, be granted compensatory periods of
rest for the periods he has foregone.
134.
Railway servant to remain on duty.
134. Railway servant to remain on duty.- Nothing in this Chapter
or the rules made thereunder shall, where due provision has been made
for the relief of a railway servant, authorise him to leave his duty
until he has been relieved.
135.
Supervisors of railway labour.
135. Supervisors of railway labour.- (1) Subject to such rules as
may be made in this behalf, the Central Government may appoint
supervisors of railway labour.
(2) The duties of supervisors of railway labour shall be--
(i) to inspect railways in order to determine whether the
provisions of this Chapter or of the rules made thereunder are
duly observed; and
(ii) to perform such other functions as may be prescribed.
(3) A supervisor of railway labour shall be deemed to be a
Commissioner for the purposes of sections 7 and 9.
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136.
Power to make rules in respect of matters in this Chapter.
136. Power to make rules in respect of matters in this Chapter.-
(1) The Central Government may, by notification, make rules to carry
out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:--
(a) the authorities who may declare the employment of any
railway servant essentially intermittent or intensive;
(b) the appeals against any such declaration and the manner
in which, and the conditions subject to which any such appeal may
be filed and heard;
(c) the categories of staff that may be specified under
subclauses (iv) and (v) of clause (c) of section 130;
(d) the authorities by whom exemptions under sub-section (4)
of section 132 or sub-section (3) of section 133 may be made;
(e) the delegation of power by the authorities referred to
in clause (d);
(f) the railway servant to whom clause (ii) of sub-section
(2) of section 133 apply and the periods of rest to be granted to
them;
(g) the appointment of supervisors of railway labour and
their functions.
CHAP
PENALTIES AND OFFENCES
CHAPTER XV
PENALTIES AND OFFENCES
137.
Fraudulently travelling or attempting to travel without proper pass orticket.
137. Fraudulently travelling or attempting to travel without
proper pass or ticket.- (1) If any person, with intent to defraud a
railway administration,--
(a) enters or remains in any carriage on a railway or
travels in a train in contravention of section 55, or
(b) uses or attempts to use a single pass or a single ticket
which has already been used on a previous journey, or in the case
of a return ticket, a half thereof which has already been so
used,
he shall be punishable with imprisonment for a term which may extend
to six months, or with fine which may extend to one thousand rupees,
or with both:
Provided that in the absence of special and adequate reasons to
the contrary to be mentioned in the judgment of the court, such
punishment shall not be less than a fine of five hundred rupees.
(2) The person referred to in sub-section (1) shall also be
liable to pay the excess charge mentioned in sub-section (3) in
addition to the ordinary single fare for the distance which he has
travelled, or where there is any doubt as to the station from which he
started, the ordinary single fare from the station from which the
train originally started, or if the tickets of passengers travelling
in the train have been examined since the original starting of the
train, the ordinary single fare from the place where the tickets were
so examined or, in case of their having been examined more than once,
were last examined.
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(3) The excess charge referred to in sub-section (2) shall be a
sum equal to the ordinary single fare referred to in that sub-section
or fifty rupees, whichever is more.
(4) Notwithstanding anything contained in section 65 of the
Indian Penal Code (45 of 1960), the court convicting an offender may
direct that the person in default of payment of any fine inflicted by
the court shall suffer imprisonment for a term which may extend to six
months.
138.
Levy of excess charge and fare for travelling without proper pass orticket or
beyond authorised distance.
138. Levy of excess charge and fare for travelling without proper
pass or ticket or beyond authorised distance.-(1) If any passenger,--
(a) being in or having alighted from a train, fails or
refuses to present for examination or to deliver up his pass or
ticket immediately on a demand being made therefor under section
54, or
(b) travels in a train in contravention of the provisions of
section 55,
he shall be liable to pay, on the demand of any railway servant
authorised in this behalf, the excess charge mentioned in sub-section
(3) in addition to the ordinary single fare for the distance which he
has travelled or, where there is any doubt as to the station from
which he started, the ordinary single fare from the station from which
the train originally started, or, if the tickets of passengers
travelling in the train have been examined since the original starting
of the train, the ordinary single fare from the place where the
tickets were so examined or in the case of their having been examined
more than once, were last examined.
(2) If any passenger,--
(a) travels or attempts to travel in or on a carriage, or by
a train, of a higher class than that for which he has obtained a
pass or purchased a ticket; or
(b) travels in or on a carriage beyond the place authorised
by his pass or ticket,
he shall be liable to pay, on the demand of any railway servant
authorised in this behalf, any difference between the fare paid by him
and the fare payable in respect of the journey he has made and the
excess charge referred to in sub-section (3).
(3) The excess charge shall be a sum equal to the amount payable
under sub-section (1) or sub-section (2), as the case may be, or fifty
rupees, whichever is more:
Provided that if the passenger has with him a certificate granted
under sub-section (2) of section 55, no excess charge shall be payable.
(4) If any passenger liable to pay the excess charge and the fare
mentioned in sub-section (1), or the excess charge and any difference
of fare mentioned in sub-section (2), fails or refuses to pay the same
on a demand being made therefor under one or other of these sub-
sections, as the case may be, any railway servant authorised by the
railway administration in this behalf may apply to any Metropolitan
Magistrate or a Judicial Magistrate of the first or second class, as
the case may be, for the recovery of the sum payable as if it were a
fine, and the Magistrate if satisfied that the sum is payable shall
order it to be so recovered,
296
and may order that the person liable for the payment shall in default
of payment suffer imprisonment of either description for a term which
may extend to one month but not less than ten days.
(5) Any sum recovered under sub-section (4) shall, as and when it
is recovered, be paid to the railway administration.
139.
Power to remove persons.
139. Power to remove persons.- Any person failing or refusing to
pay the fare and the excess charge referred to in section 138 may be
removed by any railway servant authorised in this behalf who may call
to his aid any other person to effect such removal:
Provided that nothing in this section shall be deemed to preclude
a person removed from a carriage of a higher class from continuing his
journey in a carriage of a class for which he holds a pass or ticket:
Provided further that a woman or a child if unaccompanied by a
male passenger, shall not be so removed except either at the station
from where she or he commences her or his journey or at a junction or
terminal station or station at the headquarters of a civil district
and such removal shall be made only during the day.
140.
Security for good behaviour in certain cases.
140. Security for good behaviour in certain cases.- (1) When a
court convicting a person of an offence under section 137 or section
138 finds that he has been habitually committing or attempting to
commit that offence and the court is of the opinion that it is
necessary or desirable to require that person to execute a bond for
good behaviour, such court may, at the time of passing the sentence on
the person, order him to execute a bond with or without sureties, for
such amount and for such period not exceeding three years as it deems
fit.
(2) An order under sub-section (1) may also be made by an
appellate court or by the High Court when exercising its powers of
revision.
141.
Needlessly interfering with means of communication in a train.
141. Needlessly interfering with means of communication in a
train.- If any passenger or any other person, without reasonable and
sufficient cause, makes use of, or interferes with, any means provided
by a railway administration in a train for communication between
passengers and the railway servant in charge of the train, he shall be
punishable with imprisonment for a term which may extend to one year,
or with fine which may extend to one thousand rupees, or with both:
Provided that, in the absence of special and adequate reasons to
the contrary to be mentioned in the judgment of the court, where a
passenger, without reasonable and sufficient cause, makes use of the
alarm chain provided by a railway administration, such punishment
shall not be less than--
(a) a fine of five hundred rupees, in the case of conviction
for the first offence; and
(b) imprisonment for three months in case of conviction for
the second or subsequent offence.
142.
Penalty for transfer of tickets.
142. Penalty for transfer of tickets.-(1) If any person not being
a railway servant or an agent authorised in this behalf--
(a) sells or attempts to sell any ticket or any half of a
return ticket; or
297
(b) parts or attempts to part with the possession of a
ticket against which reservation of a seat or berth has been made
or any half of a return ticket or a season ticket, in order to
enable any other person to travel therewith, he shall be
punishable with imprisonment for a term which may extend to three
months, or with fine which may extend to five hundred rupees, or
with both, and shall also forfeit the ticket which he sells or
attempts to sell or parts or attempts to part.
(2) If any person purchases any ticket referred to in clause (a)
of sub-section (1) or obtains the possession of any ticket referred to
in clause (b) of that sub-section from any person other than a railway
servant or an agent authorised in this behalf, he shall be punishable
with imprisonment for a term which may extend to three months and with
fine which may extend to five hundred rupees and if the purchaser or
holder of any ticket aforesaid travels or attempts to travel
therewith, he shall forfeit the ticket which he so purchased or
obtained and shall be deemed to be travelling without a proper ticket
and shall be liable to be dealt with under section 138:
Provided that in the absence of special and adequate reasons to
the contrary to be mentioned in the judgment of the court, the
punishment under sub-section (1) or sub-section (2) shall not be less
than a fine of two hundred and fifty rupees.
143.
Penalty for unauthorised carrying on of business of procuring andsupplying
of railway tickets.
143. Penalty for unauthorised carrying on of business of
procuring and supplying of railway tickets.- (1) If any person, not
being a railway servant or an agent authorised in this behalf,--
(a) carries on the business of procuring and supplying
tickets for travel on a railway or for reserved accommodation for
journey in a train; or
(b) purchases or sells or attempts to purchase or sell
tickets with a view to carrying on any such business either by
himself or by any other person,
he shall be punishable with imprisonment for a term which may extend
to three years or with fine which may extend to ten thousand rupees,
or with both, and shall also forfeit the tickets which he so procures,
supplies, purchases, sells or attempts to purchase or sell:
Provided that in the absence of special and adequate reasons to
the contrary to be mentioned in the judgment of the court, such
punishment shall not be less than imprisonment for a term of one month
or a fine of five thousand rupees.
(2) Whoever abets any offence punishable under this section
shall, whether or not such offence is committed, be punishable with
the same punishment as is provided for the offence.
144.
Prohibition on hawking, etc., and begging.
144. Prohibition on hawking, etc., and begging.-(1) If any person
canvasses for any custom or hawks or exposes for sale any article
whatsoever in any railway carriage or upon any part of a railway,
except under and in accordance with the terms and conditions of a
licence granted by the railway administration in this behalf, he shall
be punishable with imprisonment for a term which may extend
298
to one year, or with fine which may extend to two thousand rupees, or
with both:
Provided that, in the absence of special and adequate reasons to
the contrary to be mentioned in the judgment of the court, such
punishment shall not be less than a fine of one thousand rupees.
(2) If any person begs in any railway carriage or upon a railway
station, he shall be liable for punishment as provided under
sub-section (1).
(3) Any person referred to in sub-section (1) or sub-section (2)
may be removed from the railway carriage or any part of the railway or
railway station, as the case may be, by any railway servant authorised
in this behalf or by any other person whom such railway servant may
call to his aid.
145.
Drunkenness or nuisance.
145. Drunkenness or nuisance.- If any person in any railway
carriage or upon any part of a railway--
(a) is in a state of intoxication; or
(b) commits any nuisance or act of indecency or uses abusive
or obscene language; or
(c) wilfully or without excuse interferes with any amenity
provided by the railway administration so as to affect the
comfortable travel of any passenger,
he may be removed from the railway by any railway servant and shall,
in addition to the forfeiture of his pass or ticket, be punishable
with imprisonment which may extend to six months and with fine which
may extend to five hundred rupees:
Provided that in the absence of special and adequate reasons to
the contrary to be mentioned in the judgment of the court, such
punishment shall not be less than--
(a) a fine of one hundred rupees in the case of conviction
for the first offence; and
(b) imprisonment of one month and a fine of two hundred and
fifty rupees, in the case of conviction for second or subsequent
offence.
146.
Obstructing railway servant in his duties.
146. Obstructing railway servant in his duties.- If any person
wilfully obstructs or prevents any railway servant in the discharge of
his duties, he shall be punishable with imprisonment for a term which
may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
147.
Trespass and refusal to desist from trespass.
147. Trespass and refusal to desist from trespass.- (1) If any
person enters upon or into any part of a railway without lawful
authority, or having lawfully entered upon or into such part misuses
such property or refuses to leave, he shall be punishable with
imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both:
299
Provided that in the absence of special and adequate reasons to
the contrary to be mentioned in the judgment of the court, such
punishment shall not be less than a fine of five hundred rupees.
(2) Any person referred to in sub-section (1) may be removed from
the railway by any railway servant or by any other person whom such
railway servant may call to his aid.
148.
Penalty for making a false statement in an application
forcompensation.
148. Penalty for making a false statement in an application for
compensation.- If in any application for compensation under section
125, any person makes a statement which is false or which he knows or
believes to be false or does not believe to be true, he shall be
punishable with imprisonment for a term which may extend to three
years, or with fine, or with both.
149.
Making a false claim for compensation.
149. Making a false claim for compensation.- If any person
requiring compensation from a railway administration for loss,
destruction, damage, deterioration or non-delivery of any consignment
makes a claim which is false or which he knows or believes to be false
or does not believe to be true, he shall be punishable with
imprisonment for a term which may extend to three years, or with fine,
or with both.
150.
Maliciously wrecking or attempting to wreck a train.
150. Maliciously wrecking or attempting to wreck a train.- (1)
Subject to the provisions of sub-section (2), if any person
unlawfully,--
(a) puts or throws upon or across any railway, any wood,
stone or other matter or thing; or
(b) takes up, removes, loosens or displaces any rail,
sleeper or other matter or things belonging to any railway; or
(c) turns, moves, unlocks or diverts any points or other
machinery belonging to any railway; or
(d) makes or shows, or hides or removes, any signal or light
upon or near to any railway; or
(e) does or causes to be done or attempts to do any other
act or thing in relation to any railway,
with intent or with knowledge that he is likely to endanger the safety
of any person travelling on or being upon the railway, he shall be
punishable with imprisonment for life, or with rigorous imprisonment
for a term which may extend to ten years:
Provided that in the absence of special and adequate reasons to
the contrary to be mentioned in the judgment of the court, where a
person is punishable with rigorous imprisonment, such imprisonment
shall not be less than--
(a) three years, in the case of a conviction for the first
offence; and
(b) seven years, in the case of conviction for the second or
subsequent offence.
300
(2) If any person unlawfully does any act or thing referred to in
any of the clauses of sub-section (1)--
(a) with intent to cause the death of any person and the
doing of such act or thing causes the death of any person; or
(b) with knowledge that such act or thing is so imminently
dangerous that it must in all probability cause the death of any
person or such bodily injury to any person as is likely to cause
the death of such person,
he shall be punishable with death or imprisonment for life.
151.
Damage to or destruction of certain railway properties.
151. Damage to or destruction of certain railway properties.- (1)
If any person, with intent to cause, or knowing that he is likely to
cause damage or destruction to any property of a railway referred to
in sub-section (2), causes by fire, explosive substance or otherwise,
damage to such property or destruction of such property, he shall be
punishable with imprisonment for a term which may extend to five
years, or with fine, or with both.
(2) The properties of a railway referred to in sub-section (1)
are railway track, bridges, station buildings and installations,
carriages or wagons, locomotives, signalling, telecommunications,
electric traction and block equipments and such other properties as
the Central Government being of the opinion that damage thereto or
destruction thereof is likely to endanger the operation of a railway,
may, by notification, specify.
152.
Maliciously hurting or attempting to hurt persons travelling byrailway.
152. Maliciously hurting or attempting to hurt persons travelling
by railway.- If any person unlawfully throws or causes to fall or
strike at against, into or upon any rolling stock forming part of a
train, any wood, stone or other matter or thing with intent, or with
knowledge that he is likely to endanger the safety of any person being
in or upon such rolling stock or in or upon any other rolling stock
forming part of the same train, he shall be punishable with
imprisonment for life, or with imprisonment for a term which may
extend to ten years.
153.
Endangering safety of persons travelling by railway by wilful act oromission.
153. Endangering safety of persons travelling by railway by
wilful act or omission.- If any person by any unlawful act or by any
wilful omission or neglect, endangers or causes to be endangered the
safety of any person travelling on or being upon any railway, or
obstructs or causes to be obstructed or attempts to obstruct any
rolling stock upon any railway, he shall be punishable with
imprisonment for a term which may extend to five years.
154.
Endangering safety of persons travelling by railway by rash ornegligent
act or omission.
154. Endangering safety of persons travelling by railway by rash
or negligent act or omission.- If any person in a rash and negligent
manner does any act, or omits to do what he is legally bound to do,
and the act or omission is likely to endanger the safety of any person
travelling or being upon any railway, he shall be punishable with
imprisonment for a term which may extend to one year, or with fine, or
with both.
301
155.
Entering into a compartment reserved or resisting entry into
acompartment not reserved.
155. Entering into a compartment reserved or resisting entry into
a compartment not reserved.- (1) If any passenger--
(a) having entered a compartment wherein no berth or seat
has been reserved by a railway administration for his use, or
(b) having unauthorisedly occupied a berth or seat reserved
by a railway administration for the use of another passenger,
refuses to leave it when required to do so by any railway servant
authorised in this behalf, such railway servant may remove him or
cause him to be removed, with the aid of any other person, from
the compartment, berth or seat, as the case may be, and he shall
also be punishable with fine which may extend to five hundred
rupees.
(2) If any passenger resists the lawful entry of another
passenger into a compartment not reserved for the use of the passenger
resisting, he shall be punishable with fine which may extend to two
hundred rupees.
156.
Travelling on roof, step or engine of a train.
156. Travelling on roof, step or engine of a train.- If any
passenger or any other person, after being warned by a railway servant
to desist, persists in travelling on the roof, step or footboard of
any carriage or on an engine, or in any other part of a train not
intended for the use of passengers, he shall be punishable with
imprisonment for a term which may extend to three months, or with fine
which may extend to five hundred rupees, or with both and may be
removed from the railway by any railway servant.
157.
Altering or defacing pass or ticket.
157. Altering or defacing pass or ticket.- If any passenger
wilfully alters or defaces his pass or ticket so as to render the
date, number or any material portion thereof illegible, he shall be
punishable with imprisonment for a term which may extend to three
months, or with fine which may extend to five hundred rupees, or with
both.
158.
Penalty for contravention of any of the provisions of Chapter XIV.
158. Penalty for contravention of any of the provisions of
Chapter XIV.- Any person under whose authority any railway servant is
employed in contravention of any of the provisions of Chapter XIV or
of the rules made thereunder, shall be punishable with fine which may
extend to five hundred rupees.
159.
Disobedience of drivers or conductors of vehicles to directions ofrailway
servant, etc.
159. Disobedience of drivers or conductors of vehicles to
directions of railway servant, etc.- If any driver or conductor of any
vehicle while upon the premises of a railway disobeys the reasonable
directions of any railway servant or police officer, he shall be
punishable with imprisonment for a term which may extend to one month,
or with fine which may extend to five hundred rupees, or with both.
302
160.
Opening or breaking a level crossing gate.
160. Opening or breaking a level crossing gate.- (1) If any
person, other than a railway servant or a person authorised in this
behalf, opens any gate or chain or barrier set up on either side of a
level crossing which is closed to road traffic, he shall be punishable
with imprisonment for a term which may extend to three years.
(2) If any person breaks any gate or chain or barrier set up on
either side of a level crossing which is closed to road traffic, he
shall be punishable with imprisonment for a term which may extend to
five years.
161.
Negligently crossing unmanned level crossing.
161. Negligently crossing unmanned level crossing.- If any person
driving or leading a vehicle is negligent in crossing an unmanned
level crossing, he shall be punishable with imprisonment which may
extend to one year.
Explanation.--For the purposes of this section, "negligence" in
relation to any person driving or leading a vehicle in crossing an
unmanned level crossing means the crossing of such level crossing by
such person--
(a) without stopping or caring to stop the vehicle near such
level crossing to observe whether any approaching rolling stock
is in sight, or
(b) even while an approaching rolling stock is in sight.
162.
Entering carriage or other place reserved for females.
162. Entering carriage or other place reserved for females.- If a
male person knowing or having reason to believe that a carriage,
compartment, berth or seat in a train or room or other place is
reserved by a railway administration for the exclusive use of females,
without lawful excuse,--
(a) enters such carriage, compartment, room or other place,
or having entered such carriage, compartment, room or place,
remains therein; or
(b) occupies any such berth or seat having been required by
any railway servant to vacate it,
he shall, in addition to being liable to forfeiture of his pass or
ticket, be punishable with fine which may extend to five hundred
rupees and may also be removed by any railway servant.
163.
Giving false account of goods.
163. Giving false account of goods.- If any person required to
furnish an account of goods under section 66, gives an account which
is materially false, he and, if he is not the owner of the goods, the
owner also shall, without prejudice to his liability to pay any
freight or other charge under any provision of this Act, be punishable
with fine which may extend to five hundred rupees for every quintal or
part thereof of such goods.
164.
Unlawfully bringing dangerous goods on a railway.
164. Unlawfully bringing dangerous goods on a railway.- If any
person, in contravention of section 67, takes with him any dangerous
goods or entrusts such goods for carriage to the railway
administration, he shall be punishable with imprisonment for a term
which may extend to three years, or with fine which may extend to one
thousand rupees or with both and shall also be liable for any loss,
injury or damage which may be caused by reason of bringing such goods
on the railway.
303
165.
Unlawfully bringing offensive goods on a railway.
165. Unlawfully bringing offensive goods on a railway.- If any
person, in contravention of section 67, takes with him any offensive
goods or entrusts such goods for carriage to the railway
administration,
he shall be punishable with fine which may extend to five hundred
rupees and shall also be liable for any loss, injury or damage which
may be caused by reason of bringing such goods on the railway.
166.
Defacing public notices.
166. Defacing public notices.- If any person without lawful
authority--
(a) pulls down or wilfully damages any board or document set
up or posted by the order of a railway administration on a
railway or any rolling stock; or
(b) obliterates or alters any letters or figures upon any
such board or document or upon any rolling stock,
he shall be punishable with imprisonment for a term which may extend
to one month, or with fine which may extend to five hundred rupees, or
with both.
167.
Smoking.
167. Smoking.- (1) No person in any compartment of a train shall,
if objected to by any other passenger in that compartment, smoke
therein.
(2) Notwithstanding anything contained in sub-section (1), a
railway administration may prohibit smoking in any train or part of a
train.
(3) Whosoever contravenes the provisions of sub-section (1) or
sub-section (2) shall be punishable with fine which may extend to one
hundred rupees.
168.
Provision with respect to commission of offence by the children ofacts
endangering safety of person travelling on railway.
168. Provision with respect to commission of offence by the
children of acts endangering safety of person travelling on railway.-
(1) If a person under the age of twelve years is guilty of any of the
offences under sections 150 to 154, the court convicting him may
require the father or guardian of such person to execute, within such
time as the court may fix, a bond for such amount and for such period
as the court may direct for the good conduct of such person.
(2) The amount of the bond, if forfeited, shall be recoverable by
the court as if it were a fine imposed by itself.
(3) If a father or guardian fails to execute a bond under sub-
section (1) within the time fixed by the court, he shall be punishable
with fine which may extend to fifty rupees.
169.
Levy of penalty on non-Government railway.
169. Levy of penalty on non-Government railway.- If a non-
Government railway fails to comply with, any requisition made,
decision or direction given, by the Central Government, under any of
the provisions of this Act, or otherwise contravenes any of the
provisions of this Act, it shall be open to the Central Government, by
order, to levy a penalty not exceeding two hundred and fifty rupees
and a further penalty not exceeding one hundred and fifty rupees for
every day during which the contravention continues:
Provided that no such penalty shall be levied except after giving
a reasonable opportunity to the non-Government railway to make such
representation as it deems fit.
304
170.
Recovery of penalty.
170. Recovery of penalty.- Any penalty imposed by the Central
Government under section 169, shall be recoverable by a suit in the
District Court having jurisdiction in the place where the head office
of the non-Government railway is situated.
171.
Section 169 or 170 not to preclude Central Government from taking anyother
action.
171. Section 169 or 170 not to preclude Central Government from
taking any other action.-Nothing in section 169 or 170 shall preclude
the Central Government from resorting to any other action to compel a
non-Government railway to discharge any obligation imposed upon it by
or under this Act.
172.
Penalty for intoxication.
172. Penalty for intoxication.- If any railway servant is in a
state of intoxication while on duty, he shall be punishable with fine
which may extend to five hundred rupees and when the performance of
any duty in such state is likely to endanger the safety of any person
travelling on or being upon a railway, such railway servant shall be
punishable with imprisonment for a term which may extend to one year,
or with fine, or with both.
173.
Abandoning train, etc., without authority.
173. Abandoning train, etc., without authority.- If any railway
servant, when on duty, is entrusted with any responsibility connected
with the running of a train, or of any other rolling stock from one
station or place to another station or place, and he abandons his duty
before reaching such station or place without authority or without
properly handing over such train or rolling stock to another
authorised railway servant, he shall be punishable with imprisonment
for a term which may extend to two years, or with fine which may
extend to one thousand rupees, or with both.
174.
Obstructing running of train, etc.
174. Obstructing running of train, etc.- If any railway servant
(whether on duty or otherwise) or any other person obstructs or causes
to be obstructed or attempts to obstruct any train or other rolling
stock upon a railway,--
(a) by squatting or picketing or during any rail roko
agitation or bandh; or
(b) by keeping without authority any rolling stock on the
railway; or
(c) by tampering with, disconnecting or interfering in any
other manner with its hose pipe or tampering with signal gear or
otherwise,
he shall be punishable with imprisonment for a term which may extend
to two years, or with fine which may extend to two thousand rupees, or
with both.
175.
Endangering the safety of persons.
175. Endangering the safety of persons.- If any railway servant,
when on duty, endangers the safety of any person--
(a) by disobeying any rule made under this Act; or
(b) by disobeying any instruction, direction or order under
this Act or the rules made thereunder; or
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(c) by any rash or negligent act or omission, he shall be
punishable with imprisonment for a term which may extend to two
years, or with fine which may extend to one thousand rupees, or
with both.
176.
Obstructing level crossing.
176. Obstructing level crossing.- If any railway servant
unnecessarily--
(a) allows any rolling stock to stand across a place where
the railway crosses a public road on the level; or
(b) keeps a level crossing closed against the public,
he shall be punishable with fine which may extend to one hundred
rupees.
177.
False returns.
177. False returns.-If any railway servant required to furnish a
return by or under this Act, signs and furnishes a return which is
false in any material particular or which he knows or believes to be
false, or does not believe to be true, he shall be punishable with
imprisonment which may extend to one year, or with fine which may
extend to five hundred rupees, or with both.
178.
Making a false report by a railway servant.
178. Making a false report by a railway servant.- If any railway
servant who is required by a railway administration to inquire into a
claim for loss, destruction, damage, deterioration or non-delivery of
any consignment makes a report which is false or which he knows or
believes to be false or does not believe to be true, he shall be
punishable with imprisonment for a term which may extend to two years,
or with fine which may extend to one thousand rupees, or with both.
179.
Arrest for offences under certain sections.
179. Arrest for offences under certain sections.-(1) If a person
commits any offence mentioned in sections 137, 141 to 147, 150 to 157,
160 to 162, 164, 166, 168 and 172 to 175, he may be arrested without
warrant or other written authority by any railway servant or police
officer not below the rank of a head constable.
(2) The railway servant or the police officer may call to his aid
any other person to effect the arrest under sub-section (1).
(3) Any person so arrested under this section shall be produced
before the nearest Magistrate within a period of twenty-four hours of
such arrest excluding the time necessary for the journey from the
place of arrest to the court of the Magistrate.
180.
Arrest of persons likely to abscond, etc.
180. Arrest of persons likely to abscond, etc. (1) If any person
who commits any offence under this Act, other than an offence
mentioned in section 179, or is liable to pay any excess charge or
other sum demanded under section 138, fails or refuses to give his
name and address or there is reason to believe that the name and
address given by him are fictitious or that he will abscond, any
railway servant authorised in this behalf or any police officer not
below the rank of a head constable may arrest him without warrant or
written authority.
(2) The railway servant or the police officer may call to his aid
any other person to effect the arrest under sub-section (1).
(3) Any person arrested under this section shall be produced
before the nearest Magistrate within a period of twenty-four hours of
such arrest excluding the time necessary for the journey from the
place of arrest to the court of the Magistrate unless he is released
earlier on
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giving bail or if his true name and address are ascertained on
executing a bond without sureties for his appearance before the
Magistrate having jurisdiction to try him for the offence.
(4) The provisions of Chapter XXIII of the Code of Criminal
Procedure, 1973 (2 of 1974), shall, so far as may be, apply to the
giving of bail and the execution of bonds under this section.
181.
Magistrate having jurisdiction under the Act.
181. Magistrate having jurisdiction under the Act.-
Notwithstanding anything contained in the Code of Criminal Procedure,
1973 (2 of 1974), no court inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the first class shall try an
offence under this Act.
182.
Place of trial.
182. Place of trial.- (1) Any person committing an offence under
this Act or any rule made thereunder shall be triable for such offence
in any place in which he may be or which the State Government may
notify in this behalf, as well as in any other place in which he is
liable to be tried under any law for the time being in force.
(2) Every notification under sub-section (1) shall be published
in the Official Gazette, and a copy thereof shall be exhibited for the
information of the public in some conspicuous place at such railway
stations as the State Government may direct.
CHAP
MISCELLANEOUS
CHAPTER XVI
MISCELLANEOUS
183.
Power to provide other transport services.
183. Power to provide other transport services.- (1) A railway
administration may, for the purpose of facilitating the carriage of
passengers or goods or to provide integrated service for such
carriage, provide any other mode of transport.
(2) Notwithstanding anything contained in any other law for the
time being in force, the provisions of this Act shall apply to the
carriage of passengers or goods by the mode of transport referred to
in sub-section (1).
184.
Taxation on railways by local authorities.
184. Taxation on railways by local authorities.- (1)
Notwithstanding anything to the contrary contained in any other law, a
railway administration shall not be liable to pay any tax in aid of
the funds of any local authority unless the Central Government, by
notification, declares the railway administration to be liable to pay
the tax specified in such notification.
(2) While a notification of the Central Government under sub-
section (1) is in force, the railway administration shall be
liable to pay to the local authority either the tax specified in the
notification or, in lieu thereof, such sum, if any, as an officer
appointed in this behalf by the Central Government may, having regard
to all the circumstances of the case, from time to time, determine to
be fair and reasonable.
(3) The Central Government may at any time revoke or vary a
notification issued under sub-section (1).
(4) Nothing in this section shall be construed to prevent any
railway administration from entering into a contract with any local
authority for the supply of water or light, or for the scavenging of
railway premises,
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or for any other service which the local authority may be rendering or
be prepared to render to the railway administration.
185.
Taxation on railways for advertisement.
185. Taxation on railways for advertisement.-(1) Notwithstanding
anything to the contrary contained in any other law, a railway
administration shall not be liable to pay any tax to any local
authority in respect of any advertisement made on any part of the
railway unless the Central Government, by notification, declares the
railway administration to be liable to pay the tax specified in such
notification.
(2) The Central Government may at any time revoke or vary a
notification issued under sub-section (1).
186.
Protection of action taken in good faith.
186. Protection of action taken in good faith.- No suit,
prosecution or other legal proceeding shall lie against the Central
Government, any railway administration, a railway servant or any other
person for anything which is in good faith done or intended to be done
in pursuance of this Act or any rules or orders made thereunder.
187.
Restriction on execution against railway property.
187. Restriction on exceution against railway property.- (1) No
rolling stock, machinery, plant, tools, fittings, materials or effects
used or provided by a railway administration for the purpose of
traffic on its railway, or of its stations or workshops, shall be
liable to be taken in execution of any decree or order of any court or
of any local authority or person having by law the power to attach or
distrain property or otherwise to cause property to be taken in
execution, without the previous sanction of the Central Government.
(2) Nothing in sub-section (1) shall be construed to affect the
authority of any court to attach the earnings of a railway in
execution of a decree or order.
188.
Railway servants to be public servants for the purposes of Chapter IXand
section 409 of the Indian Penal Code (45 of 1860).
188. Railway servants to be public servants for the purposes of
Chapter IX and section 409 of the Indian Penal Code (45 of 1860). (1)
Any railway servant, who is not a public servant within the meaning of
section 21 of the Indian Penal Code, (45 of 1860) shall be deemed to
be a public servant for the purposes of Chapter IX and section 409 of
that Code.
(2) In the definition of "legal remuneration" in section 161 of
the Indian Penal Code, (45 of 1860.) the word "Government" shall, for
the purposes of sub-section (1), be deemed to include any employer of
a railway servant as such.
189.
Railway servants not to engage in trade.
189. Railway servants not to engage in trade.- A railway servant
shall not--
(a) purchase or bid for, either in person or by an agent, in
his own name or in that of another, or jointly or in shares with
others, any property put to auction under section 83 or section
84 or section 85 or section 90; or
(b) in contravention of any direction of the railway
administration in this behalf, engage in trade.
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190.
Procedure for delivery to railway administration of property detainedby a
railway servant.
190. Procedure for delivery to railway administration of property
detained by a railway servant.-If a railway servant is discharged from
service or is suspended, or dies or absconds or absents himself, and
he or his wife or widow or any member of his family or his
representative, refuses or neglects, after notice in writing for that
purpose, to deliver up to the railway administration or to a person
appointed by the railway administration, in this behalf, any station,
office or other building with its appurtenances, or any books, papers,
keys, equipment or other matters, belonging to the railway
administration and in the possession or custody of such railway
servant at the occurrence of any such event as aforesaid, any
Metropolitan Magistrate or Judicial Magistrate of the first class may,
on application made by or on behalf of the railway administration,
order any police officer, with proper assistance, to enter upon the
station, office or other building and remove any person found therein
and take possession thereof, or to take possession of the books,
papers or other matters, and to deliver the same to the railway
administration or to a person appointed by the railway administration
in that behalf.
191.
Proof of entries in records and documents.
191. Proof of entries in records and documents.- Entries made in
the records or other documents of a railway administration shall be
admitted in evidence in all proceedings by or against the railway
administration, and all such entries may be proved either by the
production of the records or other documents of the railway
administration containing such entries or by the production of a copy
of the entries certified by the officer having custody of the records
or other documents under his signature and stating that it is a true
copy of the original entries and that such original entries are
contained in the records or other documents of the railway
administration in his possession.
192.
Service of notice, etc., on railway administration.
192. Service of notice, etc., on railway administration.- Any
notice or other document required or authorised by this Act to be
served on a railway administration may be served, in the case of a
Zonal Railway, on the General Manager or any of the railway servant
authorised by the General Manager, and in the case of any other
railway, on the owner or lessee of the railway or the person working
the railway under an agreement--
(a) by delivering it to him; or
(b) by leaving it at his office; or
(c) by registered post to his office address.
193.
Service of notice, etc., by railway administration.
193. Service of notice, etc., by railway administration.-Unless
otherwise provided in this Act or the rules framed thereunder, any
notice or other document required or authorised by this Act to be
served on any person by a railway administration may be served--
(a) by delivering it to the person; or
(b) by leaving it at the usual or last known place of abode
of the person; or
(c) by registered post addressed to the person at his usual
or last known place of abode.
194.
Presumption where notice is served by post.
194. Presumption where notice is served by post.-Where a notice
or other document is served by post, it shall be deemed to have been
served at the time when the letter containing it would be delivered in
the ordinary course of post, and in proving such service, it shall be
sufficient to prove that the letter containing the notice or other
document was property addressed and registered.
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195.
Representation of railway administration.
195. Representation of railway administration.- (1) A railway
administration may, by order in writing, authorise any railway servant
or other person to act for, or represent it, as the case may be, in
any proceeding before any civil, criminal or other court.
(2) A person authorised by a railway administration to conduct
prosecutions on its behalf shall, notwithstanding anything in section
302 of the Code of Criminal Procedure, 1973 (2 of 1974), be entitled
to conduct such prosecutions without the permission of the Magistrate.
196.
Power to exempt railway from Act.
196. Power to exempt railway from Act.-(1) The Central Government
may, by notification, exempt any railway from all or any of the
provisions of this Act.
(2) Every notification issued under sub-section (1) shall be laid
as soon as may be after it is issued before each House of Parliament.
197.
Matters supplemental to the definitions of "railway" and "railwayservant"
197. Matters supplemental to the definitions of "railway" and
"railway servant".-(1) For the purposes of sections 67, 113, 121, 123,
147, 151 to 154, 160, 164, 166, 168, 170, 171, 173 to 176, 179, 180,
182, 184, 185, 187 to 190, 192, 193, 195 and of this section, the word
"railway" whether it occurs alone or as a prefix to another word, has
reference to a railway or portion of a railway under construction and
to a railway or portion of a railway not used for the public carriage
of passengers, animals or goods as well as to a railway falling within
the definition of that word in clause (31) of section 2.
(2) For the purposes of sections 7, 24, 113, 146, 172 to 176 and
188 to 190, the expression "railway servant" includes a person
employed under a railway in connection with the service thereof by a
person fulfilling a contract with the railway administration.
198.
General power to make rules.
198. General power to make rules.- Without prejudice to any power
to make rules contained elsewhere in this Act, the Central Government
may make rules generally to carry out the purposes of this Act.
199.
Rules to be laid before Parliament.
199. Rules to be laid before Parliament.- Every rule made under
this Act shall be laid, as soon as may be after it is made, before
each House of Parliament, while it is in session, for a total period
of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect,
as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule.
200.
Repeal and saving.
200. Repeal and saving.- (1) The Indian Railways Act, 1890 (9 of
1890) is hereby repealed.
(2) Notwithstanding the repeal of the Indian Railways Act, 1890
(9 of 1890) (hereinafter referred to as the repealed Act)--
(a) anything done or any action taken or purported to have
been done or taken (including any rule, notification, inspection,
order or notice made or issued, or any appointment or declaration
made or any licence, permission, authorisation or exemption
granted or any document or instrument executed or any direction
given or any proceedings taken or any penalty or fine imposed)
under the repealed
310
Act shall, in so far as it is not inconsistent with the
provisions of this Act, be deemed to have been done or taken
under the corresponding provisions of this Act;
(b) any complaint made to the Railway Rates Tribunal under
sub-section (1) of section 41 of the repealed Act but not
disposed of before the commencement of this Act and any complaint
that may be made to the said Tribunal against any act or omission
of a railway administration under the repealed Act shall be heard
and decided by the Tribunal constituted under this Act in
accordance with the provisions of Chapter VII of this Act.
(3) The mention of particular matters in sub-section (2) shall
not be held to prejudice or affect the general application of section
6 of the General Clauses Act, 1897 (10 of 1897), with regard to the
effect of repeal.
