RAILWAYS ACT, 1989
(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.
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1. 1-7-1990, vide S.O. 475(E), dated 12th June, 1990, Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 12th June, 1990.
In this Act, unless the context otherwise requires,—
(1) “authorised” means authorised by a railway administration;
1[(1A) “Authority” means the Rail Land Development Authority constituted under section 4A;]
(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) “cla
(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.
(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 Z
(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.
The Central Government may, by notification, establish an authority to be called the Rail Land Development Authority to exercise the powers and discharge the functions conferred on it by or under this Act.
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* Section 4A ins. by Act 47 of 2005, sec. 3.
(1) The Authority shall consist of a Chairman, Vice-Chairman and not more than four other members.
(2) The Member Engineering, Railway Board shall be the Chairman, ex officio of the Authority.
(3) The Vice-Chairman and three other members shall be appointed by the Central Government from amongst persons who are or have been working in the Civil Engineering, Finance and Traffic disciplines of any railway administration and having adequate experience in the relevant discipline as the Central Government may consider necessary.
(4) The Central Government shall also appoint a member who shall be a person from outside the railway administration and having adequate experience in such field as it may consider necessary.
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The terms and conditions of appointment of the Vice-Chairman and the other Members of the Authority, other than the Chairman, and the manner of filling casual vacancies among them shall be such as may be prescribed.
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* Section 4C ins. by Act 47 of 2005, sec. 3.
(1) The Authority shall discharge such functions and exercise such powers of the Central Government in relation to the development of railway land and as are specifically assigned to it by the Central Government.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may assign to the Authority all or any of the following functions, namely:—
(i) to prepare scheme or schemes for use of railway land in conformity with the provisions of this Act;
(ii) to develop railway land for commercial use as may be entrusted by the Central Government for the purpose of generating revenue by non-tariff measures;
(iii) to develop and provide consultancy, construction or management services and undertake operation i
Subject to such directions as may be given to it by the Central Government, the Authority shall be empowered to enter into agreements on behalf of the Central Government and execute contracts.
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* Section 4E ins. by Act 47 of 2005, sec. 3.
The Authority shall have power to regulate, by means of regulations made by it, its own procedure (including quorum as its meetings) and the conduct of all business to be transacted by it, the constitution of Committees and Sub-Committees of Members and the delegation to them any of the powers (excluding the power to make regulations under this Chapter) and to perform duties of the Authority.
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* Section 4F ins. by Act 47 of 2005, sec. 3.
(1) For the purpose of enabling it efficiently to discharge its functions under this Act, the Central Government shall provide the Authority with such officers and other employees, and the Authority shall, subject to the rules as may be made by the Central Government in this behalf, appoint, whether on deputation or otherwise, such number of officers and other employees as it may deem necessary.
(2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the Authority, shall be such as may be prescribed.
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* Section 4G ins. by Act 47 of 2005, sec. 3.
The salaries and allowances payable to the Vice-Chairman and other Members of the Authority and the administrative expenses including the salaries, allowances and pensions payable to the officers and other employees of the Authority shall be defrayed out of the Consolidated Fund of India.
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* Section 4H ins. by Act 47 of 2005, sec. 3.
(1) The Authority may, with the previous approval of the Central Government, make regulations, consistent with this Act and the rules made thereunder for carrying out the provisions of this Chapter.
(2) Every regulation made by the Authority under this Chapter 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 regulation or both Houses agree that the regulation should not be made, the regulation 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 withou
The Central Government may appoint a person to be the Chief Commissioner of Railway Safety and such other persons as it may consider necessary to be the Commissioners of Railway Safety.
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.
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.
The Commissioner shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
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.
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1.Ins. by Act 47 of 2005, sec. 2 (w.e.f. 30-8-2006).
2. Ins. by Act 51 of 2003, sec. 2 (w.e.f. 1-7-2004).
3. Ins. by Act 51 of 2003 (w.e.f. 1-7-2004).
(ix) The Station Master of a railway station and the General Manager of a railway are not comptent railway administration; State of Assam v. Union of India, AIR 1975 Gau 74.
(33) “railway receipt” means the receipt issued under section 65;"
(10) “consig
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.
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, aquaducts, roads, lines of railways, passages, conduits, dr
(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).
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 builings vested in, or in the possession of, the Central Government or a State Government, without the consent of the Government concerned.
(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
(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 pe
(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
(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.
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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.
(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
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.
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.
(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.
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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.
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 dive
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.
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
(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.
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.
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.
(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 th
(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.
The Central Government shall have power to—
(a) classify or re-classify 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.
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.
(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 o
(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.
The Tribunal may sit at such place or places as it may find convenient for the transaction of its business.
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 at 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.
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.
(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.
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.
(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.
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.
The decisions or orders of the Tribunal shall be by a majority of the members sitting and shall be final.
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.
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).
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."
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."
The Tribunal shall present annually a report to the Central Government of all its proceedings under this Chapter."
(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;
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(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.
(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,—
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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.
If a ticket is returned for cancellation, the railway administration shall cancel the same and refund such amount as may be prescribed."
A ticket issued in the name of a person shall be used only by that person\:"
Provided that nothing contained in this section shalll prevent mutual transfer of a seat or berth by passengers travelling by the same train:
Provided furhter 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.
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
(b) if such ticket is issued for a specified period, on the expiration of such period.
(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.
(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 rai
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."
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."
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.
(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)
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."
(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.
(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."
(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.
(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.
(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 authoried 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, sha
(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.
(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 be
A railway administration shall not be bound to carry any animal suffering from such infectious or contagious disease as may be prescribed."
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."
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."
(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
(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."
(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 contain
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.
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. "
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.
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.
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."
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.
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.
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."
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."
(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.
(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 reaso
(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
(b) in the case of an unclaimed consignment which is not perishable in nature, cause a notice to be served upon the consign
(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.
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."
(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 sec
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.
The Railways Act, 1989 is a comprehensive legislation that governs the operations of railways in India. Among its various provisions, Section 88 plays a crucial role in defining key terms that are essential for the interpretation and implementation of the Act. This section is foundational for understanding the legal framework surrounding railway operations, particularly in relation to goods and services.
Section 88 of the Railways Act, 1989 provides definitions for various terms used throughout the Act. It specifically defines "essential commodity" in accordance with the Essential Commodities Act, 1955, and sets the groundwork for subsequent sections that deal with the transportation and handling of goods.
The scope of Section 88 extends to all provisions of the Railways Act where these definitions are relevant. It serves as a reference point for understanding the legal obligations and rights of various stakeholders involved in railway operations, including passengers, freight handlers, and railway authorities.
While Section 88 itself does not prescribe punishments, it lays the groundwork for understanding terms that may be relevant in sections that do impose penalties for violations related to the definitions provided.
(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;
(b) the nature and quantities of goods generally booked to such railway station;
(c) the scope for causing scarcit
(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 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 enti
(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 th
(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;
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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 servan
(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 p
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.
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."
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
(b) where in respect of any such consignment or of any package forming part of such
(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:
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(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 of 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.
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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."
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."
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
(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 consig
(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 li
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."
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."
(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
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."
(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.
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.
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.
(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
(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
(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.
(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
(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 n
(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 sha
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."
(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;
(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 Civ
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.
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."
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."
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."
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."
(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, po
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-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 grandparent wholly dependant on
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
When in the course of working a railway an untoward incident occurs, 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 the dependant of a passenger who has been killed 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, or injury to, a passenger as a result of such untoward incident\:"
Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to—
(a) suicide or attempted suicide by him;
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(1) An application for compensation under section 124 1[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, 1[or the untoward 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.
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(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 1[or section 124A] 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 reasonable for affording such relief, so however, that the sum paid shall not
(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.
(1) The right of any person to claim compensation under section 124 2[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.
--------------------------------
1. Ins. by Act 28 of 1994, sec. 6 (w.e.f. 1-8-1994).
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(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.
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 prescribed authority on the ground that the daily hours of duty of the railway servant normally include periods of inaction aggregating to fifty percent. 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;
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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."
(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 th
(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;
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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."
(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 railways 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.
(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 sub-clauses (iv) and (v) of clause (c) of section 130;
(d) the authorities by whom exemptions under sub-section (4) of section 132 or sub-
(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.
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(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
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.
(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.
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—
(b) imprisonment for three months in case of conviction for the second or subsequent offence.
(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
(b) parts or attempts to part with the possession of a return 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
(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 from 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 judgment o
(I) 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 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-se
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, s
Section 145 of the Railways Act, 1989 addresses issues related to drunkenness and nuisance within railway premises. This provision aims to maintain order and ensure the safety and comfort of passengers traveling on Indian Railways.
Section 145 states that any person in a railway carriage or on any part of a railway who is intoxicated, commits a nuisance, uses abusive or obscene language, or interferes with amenities provided by the railway administration may be removed from the railway and is subject to punishment, including imprisonment and fines.
The scope of Section 145 encompasses actions that disrupt the orderly conduct of railway services and the comfort of passengers. It applies to any part of the railway, including carriages and platforms.
The punishment under Section 145 includes:- Imprisonment for up to six months.- A fine that may extend to five hundred rupees.- For first-time offenders, a minimum fine of one hundred rupees is mandated, while repeat offenders face a minimum of two hundred and fifty rupees and one month of imprisonment.
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."
(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\:"
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.
Legal Comments
"Scope" - Section 147 empowers eviction/trespass remedies on railway land; it is a penal provision, distinct from public premises eviction regimes, and interacts with due process requirements. [South Bengal Automobiles VS Union Of India - 2022 0 Supreme(Cal) 443]
"Core provision" - Section 147(2) authorizes railway servants to remove unauthorized occupants from railway land, without mandatory recourse to Public Premises Act; this is a key basis for eviction actions. [G. PHALAGUNA VS GENERAL MANAGER - 2005 0 Supreme(Cal) 494]
"Due process tension" - Courts have grappled with whether Section 147 can operate without the Public Premises Act or other process; several decisions hold due process is still required for eviction of lawful occupants, and that eviction must follow law. [South Bengal Automobiles VS Union Of India - 2022 0 Supreme(Cal) 443], [SUBRATA GHOSH VS UNION OF INDIA - 2019 0 Supreme(Cal) 77]
"Deficiency in service" - Failures by Railway Administration to check unauthorized entry into reserved compartments constitutes deficiency in service under Consumer Protection Act, 1986, when passengers are entitled to safe carriage in reserved areas. [UNION OF INDIA VS MANOJ H. PATHAK - Consumer (1996)], [DEOBARATA CHATTOPATHYAY @ DEOBARATA CHATTARJEE VS UNION OF INDIA - Consumer (2000)]
"Bona fide passenger" - Absence of a valid ticket does not automatically defeat status as a bona fide passenger for compensation under Railways Act, 1989; courts have treated bona fide status and untoward incidents with a liberal, no-fault approach. [DINESH KUMAR DUBEY VS UNION OF INDIA - 2024 0 Supreme(MP) 246], [02100059049]
"Untoward incident" - The concept of untoward incident under Section 123(c)(2) is applied broadly to compensate bona fide passengers even where contributory negligence may be alleged; burden on Railways to prove exceptions in Section 124A. [Ramkishore Sahu VS Union of India - 2024 0 Supreme(MP) 287], [PHULA NAIK VS G. M. , EAST COST RAILWAY - 2011 0 Supreme(Ori) 441]
"Strict liability framework" - In untoward incident cases, Railways often treated as strictly liable to pay compensation, with exceptions limited to listed non-compensable scenarios (e.g., self-inflicted injury, suicide, intoxication). [DEOBARATA CHATTOPATHYAY @ DEOBARATA CHATTARJEE VS UNION OF INDIA - Consumer (2000)], [01200041230]
"Burden of proof" - Courts emphasize that claimants bear burden to establish status as bona fide passenger and untoward incident; Railways must establish exceptions or lack of entitlement. [Alka Wd/o Shrikrushna Dode VS Union of India - 2024 0 Supreme(Bom) 149], [02100008668]
"Compensation awards" - Multiple rulings direct payment of substantial compensation (often 4-8 lakh INR) with interest where untoward incident or deficiency in service is established; distribution among dependents may be ordered. [02100059049], [DINESH KUMAR DUBEY VS UNION OF INDIA - 2024 0 Supreme(MP) 246], [Ramkishore Sahu VS Union of India - 2024 0 Supreme(MP) 287]
"Lack of ticket not fatal" - Courts have held absence of ticket does not automatically bar compensation where other evidence supports bona fide passenger status and untoward incident. [DINESH KUMAR DUBEY VS UNION OF INDIA - 2024 0 Supreme(MP) 246], [Union of India Owning Southern Railways Rep by it's General Manager Chennai VS J. Chandramouli - 2013 0 Supreme(Mad) 3454]
"Eviction of unauthorized occupants" - Where occupants claim license or tenancy, courts stress that eviction must follow due process; Section 147(2) enables removal, but indiscriminate or arbitrary eviction risks constitutional concerns and may require Larger Bench guidance. [South Bengal Automobiles VS Union Of India - 2022 0 Supreme(Cal) 443], [SUBRATA GHOSH VS UNION OF INDIA - 2019 0 Supreme(Cal) 77]
"Precedent on eviction vs. PP Act" - Several judgments recognize that Section 147 is a self-contained eviction tool for trespass or misuse, but not a wholesale replacement for PP Act procedures; depending on facts, courts may require compliance with PP Act or constitutional due process. [South Bengal Automobiles VS Union Of India - 2022 0 Supreme(Cal) 443], [SUBRATA GHOSH VS UNION OF INDIA - 2019 0 Supreme(Cal) 77]
"Passenger rights vs. law & order" - In cases involving entry by unauthorized persons into reserved compartments, courts have recognized railway deficiency in service but also noted that law-and-order matters primarily rest with police; Railways cannot abdicate responsibility for passenger safety. [UNION OF INDIA VS MANOJ H. PATHAK - Consumer (1996)], [DEOBARATA CHATTOPATHYAY @ DEOBARATA CHATTARJEE VS UNION OF INDIA - Consumer (2000)]
"Railway Board jurisdiction" - In other matters (e.g., rationalisation schemes, freight) courts examine statutory delegation and Board jurisdiction; but these points are distinct from Section 147’s eviction power and do not affect its core trespass/eject provisions. [UNION OF INDIA VS IISCO - 2004 0 Supreme(Del) 1068], [01400038183]
"Goods and luggage liability" - Section 94(2) and related sections establish that bailee liability ends after delivery to consignee; if luggage was not booked or receipt not issued, railways may not be liable for loss, as per specific consumer/claims rulings. [Union Of India VS Dilip Kumar Chaturvedi - Consumer (2019)], [Union of India, Rep by its General Manager, Madras VS Jayakrishna Flour Mills (P) Ltd. Madurai District - 2005 0 Supreme(Mad) 1166]
"Pass-through of property rights" - Section 74 governs passing of property in goods by endorsement; after endorsement to consignee, consignor loses ownership rights for purposes of claims against railways; relevant to claims about damage after delivery. [RAYMOND CEMENT WORKS VS UNION OF INDIA - 2006 0 Supreme(All) 376]
"Bus-hired railway accidents" - Some decisions interpret sections 123, 124, and 2(31)(e) together to treat accidents involving Railways’ hired vehicles (e.g., bus) as railway accidents when connected with the railway network; broad interpretive approach. [Nridhaniya Devi VS Union of India - 1999 0 Supreme(Gau) 251]
"Detention of parcel vans" - Section 79 and related provisions guide detention disputes; where life-saving drugs are involved, courts may order release due to urgency even as merits are resolved later. [National Carrying Corporation, a partnership firm VS Union of India - 2019 0 Supreme(Cal) 509]
"Appeals and procedure" - The Railway Claims Tribunal Act interacts with Civil Procedure standards; courts have held appeals under RTC Act need not follow Order XLI Rule 11 in certain contexts, affecting how evidentiary issues are treated. [UNION OF INDIA VS Santi Ranjan Dutta - 2008 0 Supreme(Cal) 352]
"Remedies across fora" - Where compensation disputes arise, parties may pursue Railway Claims Tribunal, Civil Court, or Consumer Protection Act avenues depending on the theory (untoward incident, deficiency in service, or other liability). [RATI TRIPATHI VS UNION OF INDIA - Consumer (2016)], [UNION OF INDIA VS MANOJ H. PATHAK - Consumer (1996)]
"Public policy concerns" - Courts increasingly emphasize safety, fair process, and timely compensation to victims or dependents, especially in cases involving level crossings, crossing trespass, and maintenance failures. [GURI BEHERA VS D. R. M. , EAST COAST RAILWAY, KHURDA - 2011 0 Supreme(Ori) 59], [Amar Singh Gautam VS G. Block Residents Welfare Association (regd) - 2020 0 Supreme(Del) 705]
"No universal anti-trespass rule" - While Section 147 penalizes trespass, courts acknowledge that some trespass scenarios at railway crossings may require infrastructural improvements (overbridges, lighting) as a safety measure rather than purely punitive eviction or compensation; case-by-case analysis remains essential. [GURI BEHERA VS D. R. M. , EAST COAST RAILWAY, KHURDA - 2011 0 Supreme(Ori) 59], [DEOBARATA CHATTOPATHYAY @ DEOBARATA CHATTARJEE VS UNION OF INDIA - Consumer (2000)]
"Natural justice in eviction" - While Section 147 permits removal, natural justice principles urge showing opportunity to be heard and proper notice before eviction, particularly where occupancy is lawful or license-based; Larger Bench guidance may be invoked when conflicts arise. [SUBRATA GHOSH VS UNION OF INDIA - 2019 0 Supreme(Cal) 77], [South Bengal Automobiles VS Union Of India - 2022 0 Supreme(Cal) 443]
"Interplay with constitutional rights" - Eviction and trespass issues intersect with Article 21 (right to life and personal liberty); courts have warned against arbitrary evictions and emphasized due process and proportionality. [South Bengal Automobiles VS Union Of India - 2022 0 Supreme(Cal) 443], [SUBRATA GHOSH VS UNION OF INDIA - 2019 0 Supreme(Cal) 77]
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."
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."
(1) Subject to the provisions of sub-section (2), if any person unlawfully,—"
(a) puts or throws upon or across any railways, 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 travell
(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.
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."
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."
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."
(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
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."
Section 156 of the Railways Act, 1989 represents a critical provision governing safety and liability concerning the regulation of passengers on trains. It specifically targets the act of travelling on the roof, steps, footboards, or engines of a train. This commentary analyzes the statutory language, the essential ingredients required to constitute an offence under this section, its scope regarding liability for compensation, and the punitive measures prescribed. It further incorporates legal observations from case law regarding the interplay between illegal acts and strict liability under the Act.
Section 156 criminalizes the act of travelling in unauthorized areas of a train after a warning has been issued. The section mandates that if any passenger or person, having been warned by a railway servant to desist, persists in travelling on the roof, step, footboard of any carriage, or on any engine or other part of a train not intended for the use of passengers, they face criminal penalties. The prescribed punishment includes imprisonment for a term which may extend to three months, or a fine which may extend to five hundred rupees, or both. Additionally, the provision grants railway servants the power to remove such persons from the railway premises. [Source: Raj Pal Goel VS Union of India; Raj Pal Goel vs Union of India; ]
Based on judicial pronouncements and the text of the Act, the following elements constitute an offence under Section 156:- Location: The act must occur on the roof, step, footboard, engine, or any part of the train not intended for passenger use. [Source: Raj Pal Goel VS Union of India]- Warning: A pivotal ingredient is that the offender must have been warned by a railway servant to desist from such travel. Without this warning, the strict prohibition of Section 156 regarding criminal liability for that specific act may not be fully triggered in the context of prosecution, though the act remains dangerous. [Source: Raj Pal Goel VS Union of India; Raj Pal Goel vs Union of India]- Persistence: The warning must be ignored; the offender must persist in their act after being cautioned. [Source: Raj Pal Goel VS Union of India]- Identity: The offender can be a paid passenger or any other person attempting to travel in these prohibited areas. [Source: Raj Pal Goel VS Union of India]
The scope of Section 156 is broad but serves as a boundary for the concept of "passenger" in compensation claims:- Definition of Passenger Status: A person travelling on the roof who has purchased a valid ticket is often argued to be a "bona fide passenger" for liability purposes, yet their act is criminal under Section 156 if not warned. Courts have held that while travelling on the roof is illegal, it does not automatically bar all compensation claims unless the Railway proves the death resulted strictly from the person's own criminal act (an exception under Section 124A). [Source: Raj Pal Goel VS Union of India; KALLUPRASAD KRUSHNANAND DUBE VS UNION OF INDIA OWING & REPRESENTING]- Criminal vs. Civil Liability: Section 156 creates a criminal offence, but in compensation proceedings, the failure to provide a warning does not legalize the act of travelling on the roof; it merely means the Railway cannot claim the specific defence of "criminal act" under Section 124-A unless they prove the person persisted after warning. [Source: Raj Pal Goel VS Union of India]- Removal Power: The section explicitly empowers railway servants to remove violators from the train or railway premises to ensure safety. [Source: Raj Pal Goel VS Union of India; ]
The statutory penalty for violating Section 156 is relatively lenient in terms of severity but strict in principle:- Imprisonment: The maximum term is three months. [Source: Raj Pal Goel VS Union of India; Raj Pal Goel vs Union of India]- Fine: The maximum fine is five hundred rupees. [Source: Raj Pal Goel VS Union of India]- Alternative: The offender may face either imprisonment, fine, or both. [Source: Raj Pal Goel VS Union of India]- Removal: In addition to penalties, the violator may be removed from the railway carriage or premises. [Source: Raj Pal Goel VS Union of India; ]
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."
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."
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 repees, or with both."
(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.
Section 160 of the Railways Act, 1989, addresses the criminal liability associated with the unlawful opening or breaking of level crossing gates, which is a significant provision aimed at safeguarding railway property and ensuring safety at level crossings.
Note: The above commentary synthesizes the legal framework, judicial interpretations, and case law references to provide a comprehensive understanding of Section 160 of the Railways Act, 1989.
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.
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.
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."
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."
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."
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.
(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.
Section 167 of the Railways Act, 1989 addresses the issue of smoking within railway compartments. It aims to protect the rights of passengers who may object to smoking in confined spaces, thereby promoting a healthier and more comfortable travel environment.
Section 167 consists of two sub-sections:1. Sub-section (1) prohibits any person from smoking in a compartment of a train if another passenger objects to it.2. Sub-section (2) empowers railway administration to enforce this prohibition and take necessary actions.
The scope of Section 167 extends to all compartments of trains operated by the railway administration. It applies universally to all passengers, ensuring that the objection of any single passenger is sufficient to enforce the prohibition.
The punishment for contravening the provisions of this section is a fine that may extend to one hundred rupees, as specified in the Act.
(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 repees.
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.
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."
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."
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."
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."
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.
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
(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.
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,
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."
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."
(1) If any person commits any offence mentioned in sections 150 to 152, 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) If any person commits any offence mentioned in sections 137 to 139, 141 to 147,153 to 157,159 to 167 and 172 to 176, he may be arrested, without warrant or other written authority, by the officer* authorised by a notified order of the Central Government.
(3) The railway servant or the police officer or the officer authorised, as the case may be, may call to his aid any other person to effect the arrest under sub-section (1) or sub-section (2), as the case may be.
(4) Any person so arrested under this section shall be produced before the nearest Magistrate within a period of tw
(1) If any person who commits any offence under this Act, other than an offence mentioned in 2[sub-section (2) of 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, 3[the officer authorised] may arrest him without warrant or written authority."
(2) 3[The officer authorised] 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 giving bail or if
For ascertaining facts and circumstances of a case, the officer authorised may make an inquiry into the commission of an offence mentioned in sub-section (2) of section 179 and may file a complaint in the competent court if the offence is found to have been committed.]
----------------------------
1. Ins. by Act 51 of 2003, sec. 5 (w.e.f. 1-7-2004).
----------------------------
While making an inquiry, the officer authorised shall have power to,—
(i) summon and enforce the attendance of any person and record his statement;
(ii) require the discovery and production of any document;
(iii) requisition any public record or copy thereof from any office, authority or person;
(iv) enter and search any premises or person and seize any property or document which may be relevant to the subject-matter of the inquiry.]
----------------------------
1. Ins. by Act 51 of 2003, sec. 5 (w.e.f. 1-7-2004).
----------------------------
Every person arrested for an offence punishable under sub-section (2) of section 179 shall, if the arrest was made by a person other than the officer authorised, be forwarded, without delay, to such officer.]
----------------------------
1. Ins. by Act 51 of 2003, sec. 5 (w.e.f. 1-7-2004).
----------------------------
(1) When any person is arrested by the officer authorised for an offence punishable under this Act, such officer shall proceed to inquire into the charge against such person."
(2) For this purpose, the officer authorised may exercise the same powers and shall be subject to the same provisions as the officer in charge of a police station may exercise and is subject to the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), when investigating a cognizable case:
Provided that—
(a) if the officer authorised is of the opinion that there is sufficient evidence or reasonable ground of suspicion against the accused person, he shall either admit him to bail to appear before a Magistrate having jurisdiction in the case, or forward him in custody to such Magistrate;
&nb
All searches, seizures and arrests made under this Act shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating respectively to searches and arrests made under that Code.]
----------------------------
1. Ins. by Act 51 of 2003, sec. 5 (w.e.f. 1-7-2004).
----------------------------
No court shall take cognizance of an offence mentioned in sub-section (2) of section 179 except on a complaint made by the officer authorised.]"
----------------------------
1. Ins. by Act 51 of 2003, sec. 5 (w.e.f. 1-7-2004).
----------------------------
Whoever intentionally insults or causes any interruption in the inquiry proceedings or deliberately makes a false statement before the inquiring officer shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.]
----------------------------
1. Ins. by Act 51 of 2003, sec. 5 (w.e.f. 1-7-2004).
----------------------------
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."
(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.
(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).
(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).
(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).
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."
(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.
(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.
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.
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
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."
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 at his office; or
(c) by registered post to his office address.
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.
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 properly addressed and registered."
(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.
(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.
The Railways Act, 1989 is a comprehensive legislation that governs the operation and management of railways in India. Among its various provisions, Section 196 provides the Central Government with the authority to exempt certain railways from the provisions of the Act. This section plays a crucial role in the flexibility and adaptability of railway operations in response to specific circumstances.
Section 196 of the Railways Act, 1989 states that the Central Government may, through a notification, exempt any railway from all or any of the provisions of this Act. This exemption can be applied to specific railways based on the government's discretion.
The scope of Section 196 is broad, allowing the Central Government to tailor the application of the Railways Act to suit various operational needs or circumstances. This flexibility can be crucial for addressing unique challenges faced by different railway systems.
While Section 196 itself does not prescribe specific punishments, it is important to note that violations of other sections of the Railways Act may lead to penalties, including fines or imprisonment, as outlined in other parts of the Act.
(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.
Section 197 of the Railways Act, 1989, is a crucial provision that pertains to the legal protection and immunities afforded to railway servants and certain acts performed in the course of their official duties. It aims to safeguard railway employees from legal proceedings for acts done in good faith while executing their official functions, thereby ensuring the smooth operation of railway services.
Section 197 provides that no prosecution or suit shall be instituted against a railway servant for acts done in good faith in the course of their employment unless the Central Government gives prior sanction. It also extends immunity to other persons authorized by the railway administration for acts performed in official capacity. The section emphasizes that such acts, if performed in good faith, are protected from legal action unless specific approval is granted by the competent authority.
While Section 197 primarily provides immunity, violations such as acting in bad faith or without proper sanction can lead to legal consequences under other applicable laws. The section itself does not prescribe specific punishments but acts as a bar to prosecution unless conditions are met.
Note: This commentary synthesizes legal principles based on the provisions of Section 197 of the Railways Act, 1989, and relevant judicial interpretations, referencing the provided sources and legal standards.
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.
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."
(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 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 Tribun
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