R.1 Short title and commencement

       (1) These rules may be called the Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003.
       (2) They shall come into force on the date2 of their publication in the Official Gazette.
       ----------------------------
        1. Vide G.S.R. 646(E), dated 8th August, 2003, published in the Gazette of India, Pt. II, Sec. 3(i), dated 8th August, 2003.
            2.    Came into force on 8th August, 2003

R.2 Definitions

       (1) In these rules, unless the context otherwise requires,—
       (a) ‘Act means the Railways Act, 1989 (24 of 1989);
       (b) ‘Claims Tribunal means Tribunal constituted under the Railway Claims Tribunal Act, 1987;
       (c) ‘diary means the station diary being maintained by the Station Superintendent for recording daily events happened at the station;
       (d) ‘Divisional Office means the divisional headquarter of the Zonal Railway;
       (e) ‘Divisional Railway Manager means the administrative in-charge of the divisional office;
       (f) ‘Divisional Security Commissioner means administrative in-charge of the force of Divisional Office;
       (g)

R.3 Report about untoward incident

       Any railway servant, including guard and driver of the train, on coming to know of the occurrence of an untoward incident, shall report the incident immediately to the nearest Station Superintendent.

R.4 Duties of guard, driver and Train Ticket Examiner

       Any guard or driver or Train Ticket Examiner, who is on duty at the time of occurrence of untoward incident, shall,
       (i) immediately arrange for medical assistance to the injured passengers, and
       (ii) report the occurrence of such incident to the Supervisor in Form-I.

R.5 Duties of Supervisor

       On receipt of a report in Form-I, the Supervisor shall forward the same to the Divisional Railway Manager.

R.6 Duties of Station Superintendent

       The Station Superintendent, on receipt of an information about the occurrence of an untoward incident under rule 3, shall,—
       (i) make necessary entries to this effect in the station diary;
       (ii) arrange for medical assistance to the injured passengers;
       (iii) make out a brief report in respect of spot of the untoward incident and forward copies thereof to the Divisional Office, Zonal Railways, police and in-charge of the Force;
       (iv) carry out technical survey of the untoward incident himself or through his representative; and
       (v) depute his representative to assist the force to complete the process of investigation.

R.7 Conducting of investigation and submission of report by the Force

       (1) On receipt of information under rule 6, an officer of the Force, not below the rank of Inspector, shall carry out the investigation and shall,—
       (i) obtain copies of the inquest report, post mortem report and Jama Talashi report from the police investigating the incident;
       (ii) obtain copy of the technical survey carried out by the railway official nominated by the Station Superintendent;
       (iii) obtain information about the untoward incident in Form-2;
       (iv) record statement of additional witnesses, if so required;
       (v) collect any other evidence required by the circumstances of the case.
       (2) The officer of the Force, on completion of the investigation, sh

R.8 Conducting of investigation and submission of report by the Police

       (1) The police on receipt of the report under clause (iii) of rule 6, shall immediately initiate investigation and prepare inquest report or injury report in accordance with the procedure laid down in Criminal Procedure Code, 1973.
       (2) After preparation of report, as mentioned in sub-rule (1), the police shall immediately give clearance certificate for movement of trains from the site of incident so that minimum delay is caused in restoration of train movement.

R.9 The injured and the next of kin of the deceased passenger may submit evidence and assist police and Force

       The injured and the next of kin of the deceased passengers may submit all the relevant evidence before the Police and assist the Police and the Force to complete the investigation.

R.10 Forwarding of investigation report by the Police and the Force

       (1) The police on completion of the investigation, shall forward the report thereof to the Magistrate, as required under the Criminal Procedure Code, 1973.
       (2) The officer of the Force shall forward the report prepared under sub-rule (2) of rule 7 to the Divisional Railway Manager and Divisional Security Commissioner of the Force.

R.11 Action on the report by the Divisional Railway Manager

       (1) The Divisional Railway Manager, on receipt of the report, shall immediately examine the same.
       (2) When, on examination, Divisional Railway Manager is satisfied that the investigation is complete, he shall pass an order accepting the said report.
       (3) If the Divisional Railway Manager has reason to believe that some more inquiry is required in the matter, it shall refer the same back for investigation to the officer of the Force along with his observations for further investigation.
       (4) On receipt of a reference under sub-rule (3), the officer of the Force shall investigate the matter further and submit the report immediately to the Divisional Railway Manager.

R.12 Communication of order

       Final orders passed on the report by the Divisional Railway Manager shall be communicated to the Station Superintendent who shall maintain the records and make necessary entries in the Station Diary to this effect.

Form.I .

       (See rule 4)
       Report Of Untoward Incident
       1. Kilometer at which untoward incident occurred:
       2. Name of Driver of the train with Headquarter:
       3. Name of Guard of the train with Headquarter:
       4. Name of Train Ticket Examiner of train, if posted, with Headquarter:
       5. Nature of the untoward incident:
       (a) accidental fall
       (b) bomb blast
       (c) rioting/shootout
       (d) others
       6. Time of occurrence:
       7. Pos