Indian Rly Act 1989

8/13/2019 Indian Rly Act 1989

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CHAPTER I PRELIMINARY

1. Short title and commencement.

(1) This Act may be called the Railways Act, 1989. (2) It shall come into force on

such date1 as the !entral "o#ernment may, by notification in the $fficial"a%ette, a&&oint' ro#ided that different dates may be a&&ointed for different&ro#isions of this Act, and any reference in any such &ro#ision to thecommencement of this Act shall be construed as a reference to the comin intoforce of that &ro#ision.

Definitions.In this Act, unless the conte*t otherwise re+uires,(1) -authorised- means authorised by a railway administration(2) -carriae- means the carriae of &asseners or oods by a railwayadministration

(/) -!laims Tribunal- means the Railway !laims Tribunal established undersection / of the Railway !laims Tribunal Act, 1980 ( of 1980)() -classification- means the classification of commodities made under section/1 for the &ur&ose of determinin the rates to be chared for carriae of suchcommodities() -class rates- means the rate fi*ed for a class of commodity in theclassification(3) -!ommissioner- means the !hief !ommissioner of Railway 4afety or the!ommissioner of Railway 4afety a&&ointed under section (0) -commodity- means a s&ecific item of oods 1. 101995' 6ide 7otifin.

7o. 4.$. 0 (), dt 1231995. 25(8) -consinee- means the &erson named as consinee in a railway recei&t(9) -consinment- means oods entrusted to a railway administration forcarriae(15) -consinor- means the &erson, named in a railway recei&t as consinor, bywhom or on whose behalf oods co#ered by the railway recei&t are entrusted toa railway administration for carriae(11) -demurrae- means the chare le#ied for the detention of any rollin stocafter the e*&iry of free time, if any, allowed for such detention(12) -endorsee- means the &erson in whose fa#our an endorsement is made,and in the case of successi#e endorsements, the &erson in whose fa#our the last

endorsement is made(1/) -endorsement- means the sinin by the consinee or the endorsee afteraddin a direction on a railway recei&t to &ass the &ro&erty in the oodsmentioned in such recei&t to a s&ecified &erson(1) -fare- means the chare le#ied for the carriae of &asseners(1) -ferry- includes a bride of boats, &ontoons or rafts, a swin bride, a flybride and a tem&orary bride and the a&&roaches to, and landin &laces of, aferry


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(13) -forwardin note- means the document e*ecuted under section 3(10) -freiht- means the chare le#ied for the carriae of oods includintranshi&ment chares, if any(18) -"eneral :anaer- means the "eneral :anaer of a ;onal Railwaya&&ointed under section (19) -oods- includes (i) containers, &allets or similar articles of trans&ort used

to consolidate oods and (ii) animals(25) -"o#ernment railway- means a railway owned by the !entral "o#ernment(21) -in transit-, in relation to the carriae of oods by railway, means the &eriodbetween the commencement and the termination of transit of such oods, andunless otherwise &re#iously determined (a) transit commences as soon as therailway recei&t is issued or the consinment is loaded, whiche#er is earlier (b)transit terminates on the e*&iry of the free time allowed for unloadin ofconsinment from any rollin stoc and where such unloadin has beencom&leted within such free time, transit 21 terminates on the e*&iry of the freetime allowed, for the remo#al of the oods from the railway &remises(22) -le#el crossin- means an intersection of a road with lines of rails at the

same le#el (2/) -luae- means the oods of a &assener either carried by himin his chare or entrusted to a railway administration for carriae(2) -lum& sum rate- means the rate mutually areed u&on between a railwayadministration and a consinor for the carriae of oods and for any ser#ice inrelation to such carriae(2) -non"o#ernment railway- means a railway other than a "o#ernmentrailway(23) -notification- means a notification &ublished in the $fficial "a%ette(20) -&arcel- means oods entrusted to a railway administration for carriae by a&assener or a &arcel train(28) -&ass- means an authority i#en by the !entral "o#ernment or a railway

administration to a &erson allowin him to tra#el as a &assener, but does notinclude a ticet(29) -&assener- means a &erson tra#ellin with a #alid &ass or ticet(/5) -&rescribed- means &rescribed by rules made under this Act(/1) -railway- means a railway, or any &ortion of a railway, for the &ublic carriaeof &asseners or oods, and includes (a) all lands within the fences or otherboundary mars indicatin the limits of the land a&&urtenant to a railway (b) alllines of rails, sidins, or yards, or branches used for the &ur&oses of, or inconnection with, a railway (c) all electric traction e+ui&ments, &ower su&&ly anddistribution installations used for the &ur&oses of, or in connection with, a railway(d) all rollin stoc, stations, offices, warehouses, whar#es, worsho&s,

manufactories, fi*ed &lant and machinery, roads and streets, runnin rooms, resthouses, institutes, hos&itals, water wors and water su&&ly installations, staffdwellins and any other wors constructed for the &ur&ose of, or in connectionwith, railway (e) all #ehicles which are used on any road for the &ur&oses oftraffic of a railway and owned, hired or wored by a railway and (f) all ferries,shi&s, boats and rafts which are used on any canal, ri#er, lae or other na#iableinland waters for the &ur 22 &oses of the traffic of a railway and owned, hired orwored by a railway administration, but does not include (i) a tramway wholly


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within a munici&al area and (ii) lines of rails built in any e*hibition round, fair,&ar, or any other &lace solely for the &ur&ose of recreation(/2) -railway administration-, in relation to (a) a "o#ernment railway, means the"eneral :anaer of a ;onal Railway and (b) a non"o#ernment railway, meansthe &erson who is the owner or lessee of the railway or the &erson worin therailway under an areement

(//) -railway recei&t- means the recei&t issued under section 3(/) -railway ser#ant- means any &erson em&loyed by the !entral "o#ernmentor by a railway administration in connection with the ser#ice of a railway(/) -rate- includes any fare, freiht or any other chare for the carriae of any&assener or oods(/3) -reulations- means the reulations made by the Railway Rates Tribunalunder this Act(/0) -rollin stoc- includes locomoti#es, lenders, carriaes, waons, railcars,containers, trucs, trolleys and #ehicles of all inds mo#in on rails(/8) -station to station rate- means a s&ecial reduced rate a&&licable to a s&ecificcommodity booed between s&ecified stations

(/9) -traffic- includes rollin stoc of e#ery descri&tion, as well as &assenersand oods (5) -Tribunal- means the Railway Rates Tribunal constituted undersection //(1) -wharfae- means the chare le#ied on oods for not remo#in them fromthe railway after the e*&iry of the free time for such remo#al(2) -;onal Railway- means a ;onal Railway constituted under section /.

CHAPTER II RAIL!AY ADMINISTRATI"NS

#. $onal Rail%a&s.

(1) The !entral "o#ernment may, for the &ur&ose of the efficient administrationof the "o#ernment railways, by notification constitute such railways into as many;onal Railways as it may deem fit and s&ecify in such notification the names andhead+uarters of such ;onal Railways and the areas in res&ect of which they shalle*ercise


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(2) The eneral su&erintendence and control of a ;onal Railway shall #est in the"eneral :anaer.

CHAPTER III C"MMISSI"NERS "+ RAIL!AY SA+ETY

,. A((ointment of Chief Commissioner of Rail%a& Safet& and!ommissioners of Railway 4afety. The !entral "o#ernment may a&&oint a&erson to be the !hief !ommissioner of Railway 4afety and such other &ersonas it may consider necessary to be the !ommissioners of Railway 4afety.

-. Dties of Commissioner.The !ommissioner shall(a) ins&ect any railway with a #iew to determine whether it is fit to be o&ened forthe &ublic carriae of &asseners and re&ort thereon to the !entral "o#ernmentas re+uired by or under this Act(b) mae such &eriodical or other ins&ections of any railway or of any rollin

stoc used thereon as the !entral "o#ernment may direct(c) mae an in+uiry under this Act into the cause of any accident on a railwayand(d) dischare such other duties as are conferred on him by or under this Act. 2./. Po%ers of Commissioner. 4ub


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!entral "o#ernment, and that "o#ernment shall cause that re&ort to be laid, assoon as may be, after its recei&t before each =ouse of arliament.

CHAPTER I5 C"NSTR6CTI"N AND MAINTENANCE "+ !"R7S

11. Po%er of rail%a& administrations to e8ecte all necessar& %or9s.7otwithstandin anythin contained in any other law for the time bein in force,but sub


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the reasonable satisfaction of the local authority or the &erson recei#in thenotice under the &ro#iso to sub section (1).

1#. Protection for )o2ernment (ro(ert&. 7othin in sections 11 and 12 shallauthorise (a) a railway administration of the "o#ernment railway to do anythinon or to any wors, lands or buildins #ested in, or in the &ossession of, a 4tate

"o#ernment without the consent of that "o#ernment and (b) a railwayadministration of a non"o#ernment railway to do anythin on or to any wors,lands or buildins #ested in, or in the &ossession of, the !entral "o#ernment or a4tate "o#ernment, without the consent of the "o#ernment concerned. 23

1'. Tem(orar& entr&; (on land to remo2e ostrction; to re(air or to(re2ent accident. (1) >here in the o&inion of a railway administration (a)there is imminent daner that any tree, &ost or structure may fall on the railwayso as to obstruct the mo#ement of rollin stoc or (b) any tree, &ost, structure orliht obstructs the #iew of any sinal &ro#ided for mo#ement of rollin stoc or(c) any tree, &ost or structure obstructs any tele&hone or telera&h line

maintained by it, it may tae such ste&s as may be necessary to a#ert suchdaner or remo#e such obstruction and submit a re&ort thereof to the !entral"o#ernment in such manner and within such time as may be &rescribed. (2)>here in the o&inion of a railway administration (a) a sli& or accident hasoccurred or (b) there is a&&rehension of any sli& or accident to any cuttin,embanment or other wor on a railway, it may enter u&on any lands ad


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&aid as re+uired by subsection (2), the railway administration shall,notwithstandin anythin in any other law for the time bein in force, bedischared from all liabilities to any &erson whatsoe#er in res&ect of any amountso &aid. 20

1-. Accommodation %or9s. (1) A railway administration shall mae and

maintain the followin wors for the accommodation of the owners and occu&iersof lands ad


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desires to construct a &ublic road or other wor across, under or o#er a railway,such owner or occu&ier, or, as the case may be, the 4tate "o#ernment or thelocal authority may, at any time, re+uire the railway administration to mae at thee*&ense of the owner or occu&ier or of the 4tate "o#ernment or the localauthority, as the case may be, such further accommodation wors as areconsidered necessary and are areed to by the railway administration. (2) The

accommodation wors made under subsection (1) shall be maintained at thecost of the owner or occu&ier of the land, the 4tate "o#ernment or the localauthority, at whose re+uest the wors were made. (/) In the case of anydifference of o&inion between the railway administration and the owner oroccu&ier, the 4tate "o#ernment or the local authority, as the case may be, inrelation to (i) the necessity of such further accommodation wors or (ii) thee*&enses to be incurred on the construction of such further accommodationwors or (iii) the +uantum of e*&enses on the maintenance of such furtheraccommodation wors, it shall be referred to the !entral "o#ernment whosedecision thereon shall be final.

10. +ences; *ates and ars.The !entral "o#ernment may, within such timeas may be s&ecified by it or within such further time, as it may rant, re+uirethat (a) boundary mars or fences be &ro#ided or renewed by a railwayadministration for a railway or any &art thereof and for roads constructed inconnection therewith (b) suitable ates, chains, bars, stiles or handrails beerected or renewed by a railway administration at le#el crossins (c) &ersons beem&loyed by a railway administration to o&en and shut ates, chains or bars.

13. "2errid*es and nderrid*es.(1) >here a railway administration hasconstructed lines of rails across a &ublic road at the same le#el, the 4tate"o#ernment or the local authority maintainin the road, may, at any time, in the

interest of &ublic safety, re+uire the railway administration to tae the road eitherunder or o#er the railway by means of a bride or arch with con#enient ascentsand descents and other con#enient a&&roaches, instead of crossin the road onthe le#el, or to e*ecute such other wors as may, in the circumstances of thecase, a&&ear to the 4tate "o#ernment or the local authority maintainin the roadto be best ada&ted for remo#in or diminishin the daner arisin from the le#elcrossin. (2) The railway administration may re+uire the 4tate "o#ernment or thelocal authority, as the case may be, as a condition of e*ecutin any wor undersubsection (1), to undertae to &ay the whole of the 29 cost of the wor and thee*&ense of maintainin the wor, to the railway administration or such &ro&ortionof the cost and e*&enses as the !entral "o#ernment considers


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liely to alter or im&ede the natural course of water flow or cause an increase inthe #olume of such flow endanerin any cuttin, embanment or other wor ona railway, issue directions in writin to any &erson, officer or authority res&onsiblefor such wor to close, reulate or &rohibit that wor.

CHAPTER 5 "PENIN) "+ RAIL!AYS

:1. Sanction of the Central )o2ernment to the o(enin* of rail%a&. 7orailway shall be o&ened for the &ublic carriae of &asseners until the !entral"o#ernment has, by order, sanctioned the o&enin thereof for that &ur&ose.

::. +ormalities to e com(lied %ith efore *i2in* sanction to the o(enin* ofa rail%a&. (1) The !entral "o#ernment shall, before i#in its sanction to theo&enin of a railway under section 21, obtain a re&ort from the !ommissionerthat (a) he has made a careful ins&ection of the railway and the rollin stoc

that may be used thereon (b) the mo#in and fi*ed dimensions as laid down bythe !entral "o#ernment ha#e not been infrined (c) the structure of lines of rails,strenth of brides, eneral structural character of the wors and the si%e of, andma*imum ross load u&on, the a*les of any rollin stoc, com&ly with there+uirements laid down by the !entral "o#ernment and (d) in his o&inion, therailway can be o&ened for the &ublic carriae of &asseners without any danerto the &ublic usin it. (2) If the !ommissioner is of the o&inion that the railwaycannot be o&ened without any daner to the &ublic usin it, he shall, in his re&ort,state the rounds therefor, as also the re+uirements which, in his o&inion, are tobe com&lied with before sanction is i#en by the !entral "o#ernment. (/) The!entral "o#ernment, after considerin the re&ort of the !ommissioner, may

sanction the o&enin of a railway under section 21 as such or subhen an accident has occurred on arailway resultin in a tem&orary sus&ension of traffic, and either the oriinal linesof rails and wors ha#e been restored to their oriinal standard or a tem&orarydi#ersion has been laid for the &ur&ose of restorin communication, the oriinallines of rails and wors so restored, or the tem&orary di#ersion, as the case may


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be, may, without &rior ins&ection by the !ommissioner, be o&ened for the &ubliccarriae of &asseners, sub


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reard to the o&enin of a railway for the &ublic carriae of &asseners (b) thearranements to be made for and the formalities to be com&lied with beforeo&enin a railway for the &ublic carriae of &asseners (c) for reulatin themode in which, and the s&eed at which rollin stoc used on railways is to bemo#ed or &ro&elled and (d) the cases in which and the e*tent to which the&rocedure &ro#ided in this !ha&ter may be dis&ensed with.

CHAPTER 5I +I6NAL

##. Constittion of the Rail%a& Rates Trinal.(1) There shall be a Tribunal,to be called the Railway Rates Tribunal, for the &ur&ose of discharin thefunctions s&ecified in this !ha&ter. (2) The Tribunal shall consist of a !hairmanand two other members to be a&&ointed by the !entral "o#ernment. (/) A&erson shall not be +ualified for a&&ointment as the !hairman of the Tribunalunless he is, or has been, a @ude of the 4u&reme !ourt or of a =ih !ourt andof the other two members, one shall be a &erson, who, in the o&inion of the


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!entral "o#ernment, has s&ecial nowlede of the commercial, industrial oreconomic conditions of the country, and the other shall be a &erson, who, in theo&inion of the !entral "o#ernment, has s&ecial nowlede and e*&erience of thecommercial worin of the railways. () The !hairman and the other members ofthe Tribunal shall hold office for such &eriod, not e*ceedin fi#e years, as may be&rescribed. () In case the !hairman or any other member is, by infirmity or

otherwise, rendered inca&able of carryin out his duties or is absent on lea#e orotherwise in circumstances not in#ol#in the #acation of his office, the !entral"o#ernment may a&&oint another &erson to act in his &lace durin his absence.(3) A &erson who holds office as the !hairman or other member of the Tribunalshall, on the e*&iration of the term of his office (not bein an office to fill a casual#acancy), be ineliible for re a&&ointment to that office. (0) 4ub


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of witnesses and of re#iew and shall be deemed to be a ci#il court for all the&ur&oses of section 19 and !ha&ter BBB6 of the !ode of !riminal rocedure,190/ (2 of 190) and any reference in such section or cha&ter to the &residinofficer of a court shall be deemed to include a reference to the !hairman of theTribunal. (2) The Tribunal shall also ha#e &ower to &ass such interim and finalorders as the circumstances may re+uire, includin orders for the &ayment of

costs. 23

#3. Reference to the Trinal. 7otwithstandin anythin contained in section/0, the !entral "o#ernment may mae a reference to the Tribunal in res&ect ofany of the matter s&ecified in that section and where any such reference is madein res&ect of any such matter, the Tribunal shall mae an in+uiry into that matterand submit its re&ort thereon to the !entral "o#ernment.

'4. Assistance & the Central )o2ernment. (1) The !entral "o#ernmentshall i#e to the Tribunal such assistance as it may re+uire and shall also &laceat its dis&osal any information in the &ossession of the !entral "o#ernment

which that "o#ernment may thin rele#ant to any matter before the Tribunal. (2)Any &erson duly authorised in this behalf by the !entral "o#ernment shall beentitled to a&&ear and be heard in any &roceedins before the Tribunal.

'1. >rden of (roof; etc. In the case of any com&laint under clause (a) ofsection /3, (a) whene#er it is shown that a railway administration chares onetrader or class of traders or the traders in any local area, lower rates for the sameor similar oods or lower chares for the same or similar ser#ices than it charesto other traders in any other local area, the burden of &ro#idin that such lowerrate or chare does not amount to an undue &reference, shall lie on the railwayadministration (b) in decidin whether a lower rate or chare does not amount to

an undue &reference, the Tribunal may, in addition to any other considerationsaffectin the case, tae into consideration whether such lower rate or chare isnecessary in the interests of the &ublic.

':. Decision; etc.; of the Trinal. The decisions or orders of the Tribunalshall be by a ma


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',. Re2ision of decisions *i2en & the Trinal. >here a railwayadministration considers that since the date of decision by the Tribunal, there hasbeen a material chane in the circumstances on which it was based, it may, afterthe e*&iry of one year from such date, mae an a&&lication to the Tribunal andthe Tribunal may, after main such in+uiry as it considers necessary, #ary orre#oe the decision. 23

'-. E8ection of decisions or orders of the Trinal . The Tribunal maytransmit any decision or order made by it to a ci#il court ha#in local


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carriae (iii) the &lace from and the &lace to which it is issued and (i#) theamount of the fare. (2) #ery railway administration shall dis&lay the hours durinwhich booin windows at a station shall be e&t o&en for the issue of ticets to&asseners. (/) The &articulars re+uired to be s&ecified on a ticet under clauses(ii) and (iii) of subsection (1) shall, (a) if it is for the lowest class of carriae, beset forth in =indi, nlish and the reional lanuae commonly in use at the

&lace of issue of the ticet and (b) if it is for any other class of carriae, be setforth in =indi and nlish' ro#ided that where it is not feasible to s&ecify such&articulars in any such lanuae due to mechanisation or any other reason, the!entral "o#ernment may e*em&t such &articulars bein s&ecified in thatlanuae.

,1. Pro2ision for case in %hich tic9et is issed for class or train not ha#inaccommodation for additional &asseners.(1) A ticet shall be deemed to ha#ebeen issued sub


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,-. Po%er to refse to carr& (ersons sfferin* from infectios orconta*ios diseases. (1) A &erson sufferin from such infectious or contaiousdiseases, as may be &rescribed, shall not enter or remain in any carriae on arailway or tra#el in a train without the &ermission of a railway ser#ant authorisedin this behalf. (2) The railway ser#ant i#in &ermission under subsection (1),shall arrane for the se&aration of the &erson sufferin from such disease from

other &ersons in the train and such &erson shall be carried in the train sub


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conditions sub


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(2) A railway recei&t shall be &rima facie e#idence of the weiht and the numberof &acaes stated therein' ro#ided that in the case of a consinment in waonload or trainload and the weiht or the number of &acaes is not checed by arailway ser#ant authorised in this behalf, and a statement to that effect isrecorded in such railway recei&t by him, the burden of &ro#in the weiht or, asthe case may be, the number of &acaes stated therein, shall lie on the

consinor, the consinee or the endorsee.

--. Po%er to re@ire statement relatin* to the descri(tion of *oods . (1) Theowner or a &erson ha#in chare of any oods which are brouht u&on a railwayfor the &ur&oses of carriae by railway, and the consinee or the endorsee of anyconsinment shall, on the re+uest of any railway ser#ant authorised in thisbehalf, deli#er to such railway ser#ant a statement in writin sined by suchowner or &erson or by such consinee or endorsee, as the case may be,containin such descri&tion of the oods as would enable the railway ser#ant todetermine the rate for such carriae. (2) If such owner or &erson refuses ornelects to i#e the statement as re+uired under subsection (1) and refuses to

o&en the &acae containin the oods, if so re+uired by the railway ser#ant, itshall be o&en to the railway administration to refuse to acce&t such oods forcarriae unless such owner or &erson &ays for such carriae the hihest rate forany class of oods. (/) If the consinee or endorsee refuses or nelects to i#ethe statement as re+uired under subsection (1) and refuses to o&en the &acaecontainin the oods, if so re+uired by the railway ser#ant, it shall be 205 o&en tothe railway administration to chare in res&ect of the carriae of the oods thehihest rate for any class of oods. () If the statement deli#ered under subsection (1) is materially false with res&ect to the descri&tion of any oods towhich it &ur&orts to relate, the railway administration may chare in res&ect of thecarriae of such oods such rate, not e*ceedin double the hihest rate for any

class of oods as may be s&ecified by the !entral "o#ernment. () If anydifference arises between a railway ser#ant and such owner or &erson, theconsinee or the endorsee, as the case may be, in res&ect of the descri&tion ofthe oods for which a statement has been deli#ered under subsection (1), therailway ser#ant may detain and e*amine the oods. (3) >here any oods ha#ebeen detained under subsection () for e*amination and u&on such e*aminationit is found that the descri&tion of the oods is different from that i#en in thestatement deli#ered under subsection (1), the cost of such detention ande*amination shall be borne by such owner or &erson, the consinee or theendorsee, as the case may be, and the railway administration shall not be liablefor any loss, damae or deterioration which may be caused by such detention or

e*amination.

-/. Carria*e of dan*eros or offensi2e *oods .(1) 7o &erson shall tae withhim on a railway, or re+uire a railway administration to carry such danerous oroffensi#e oods, as may be &rescribed, e*ce&t in accordance with the &ro#isionsof this section. (2) 7o &erson shall tae with him on a railway the oods referredto in subsection (1) unless he i#es a notice in writin of their danerous oroffensi#e nature to the railway ser#ant authorised in this behalf. (/) 7o &erson


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shall entrust the oods referred to in subsection (1) to a railway ser#antauthorised in this behalf for carriae unless he distinctly mars on the outside ofthe &acae containin such oods their danerous or offensi#e nature andi#es a notice in writin of their danerous or offensi#e nature to such railwayser#ant. () If any railway ser#ant has reason to belie#e that oods contained in a&acae are danerous or offensi#e and notice as re+uired under subsection (2)

or subsection (/), as the case may be, in res&ect of such oods is not i#en, hemay cause such &acae to be o&ened for the &ur&ose of ascertainin itscontents. () 7otwithstandin anythin contained in this section, any railwayser#ant may refuse to acce&t any danerous or offensi#e oods for carriae orsto&, in transit, such oods or cause the same to be remo#ed, as the case maybe, if he has reason to belie#e that the &ro#isions of this section for such carriaeare not com&lied with. (3) 7othin in this section shall be construed to deroatefrom the &ro#isions of the Indian *&losi#es Act, 188 ( of 198), or any rule ororder made under that Act, and nothin in subsections () and () shall beconstrued to a&&ly to any oods entrusted for carriae by order or on behalf ofthe "o#ernment or to any oods which a soldier, sailor, airman or any other

officer of the armed forces of the Dnion or a &olice officer or a 201 member of theTerritorial Army or of the 7ational !adet !or&s may tae with him on a railway inthe course of his em&loyment or duty as such.

-0. Carria*e of animals sfferin* from infectios or conta*ios diseases .A railway administration shall not be bound to carry any animal sufferin fromsuch infectious or contaious disease as may be &rescribed.

-3. De2iation of rote.>here due to any cause beyond the control of a railwayadministration or due to conestion in the yard or any other o&erational reasons,oods are carried o#er a route other than the route by which such oods are

booed, the railway administration shall not be deemed to ha#e committed abreach of the contract of carriae by reason only of the de#iation of the route.

/4. Prohiition of nde (reference. A railway administration shall not maeor i#e any undue or unreasonable &reference or ad#antae to, or in fa#our of,any &articular &erson or any &articular descri&tion of traffic in the carriae ofoods.

/1. Po%er to *i2e direction in re*ard to carria*e of certain *oods .(1) The!entral "o#ernment may, if it is of the o&inion that it is necessary in the &ublicinterest so to do, by eneral or s&ecial order, direct any railway administration

(a) to i#e s&ecial facilities for, or &reference to, the carriae of such oods orclass of oods consined by or to the !entral "o#ernment or the "o#ernment ofany 4tate or of such other oods or class of oods (b) to carry any oods orclass of oods by such route or routes and at such rates (c) to restrict or refuseacce&tance of such oods or class of oods at or to such station for carriae, asmay be s&ecified in the order. (2) Any order made under subsection (1) shallcease to ha#e effect after the e*&iration of a &eriod of one year from the date ofsuch order, but may, by a lie order, be renewed from time to time for such


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&eriod not e*ceedin one year at a time as may be s&ecified in the order. (/)7otwithstandin anythin contained in this Act, e#ery railway administration shallbe bound to com&ly with any order i#en under subsection (1) and any actiontaen by a railway administration in &ursuance of any such order shall not bedeemed to be a contra#ention of section 05.

/:. Ma8imm carr&in* ca(acit& for %a*ons and trc9s . (1) The ross weihtof e#ery waon or truc bearin on the a*les when the waon or truc is loadedto its ma*imum carryin ca&acity shall not e*ceed such limit as may be fi*ed bythe !entral "o#ernment for the class of a*le under the waon or truc. 202 (2)4ub


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administration (b) any riht of the railway to claim freiht from the consinor or(c) any liability of the consinee or the endorsee, referred to in that section, byreason of his bein such consinee or endorsee. 20/

/-. Srrender of rail%a& recei(t. The railway administration shall deli#er theconsinment under a railway recei&t on the surrender of such railway recei&t'

ro#ided that in case the railway recei&t is not forthcomin, the consinment maybe deli#ered to the &erson, entitled in the o&inion of the railway administration torecei#e the oods, in such manner as may be &rescribed.

//. Po%er of rail%a& administration to deli2eroods or sale &roceeds thereofin certain cases. >here no railway recei&t is forthcomin and any consinment orthe sale &roceeds of any consinment are claimed by two or more &ersons, therailway administration may withhold deli#ery of such consinment or sale&roceeds, as the case may be, and shall deli#er such consinment or sale&roceeds in such manner as may be &rescribed.

/0. Po%er to measre; %ei*h; etc. 7otwithstandin anythin contained in therailway recei&t, the railway administration may, before the deli#ery of theconsinment, ha#e the riht to (i) remeasure, reweih or reclassify anyconsinment, (ii) recalculate the freiht and other chares and (iii) correct anyother error or collect any amount that may ha#e been omitted to be chared.

/3. !ei*hment of consi*nment on re@est of the consi*nee or endorsee.A railway administration may, on the re+uest made by the consinee orendorsee, allow weihment of the consinment subhere a railwayadministration deli#ers the consinment to the &erson who &roduces the railwayrecei&t, it shall not be res&onsible for any wron deli#ery on the round that such&erson is not entitled thereto or that the endorsement on the railway recei&t isfored or otherwise defecti#e.

01. "(en deli2er& of consi*nments. >here the consinment arri#es in adamaed condition or shows sins of ha#in been tam&ered with and theconsinee or the endorsee demands o&en deli#ery, the railway administrationshall i#e o&en deli#ery in such manner as may be &rescribed. 20

0:. Partial deli2er& of consi*nments. (1) The consinee or endorsee shall, assoon as the consinment or &art thereof is ready for deli#ery, tae deli#ery of


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such consinment or &art thereof notwithstandin that such consinment or &artthereof is damaed. (2) In the case of &artial deli#ery under subsection (1), therailway administration shall furnish a &artial deli#ery certificate, in such form asmay be &rescribed. (/) If the consinee or endorsee refuses to tae deli#eryunder subsection (1), the consinment or &art thereof shall be subhere by reason of any flood, landsli&, breach of any lines of rails, collision


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between trains, derailment of, or other accident to a train or any other cause,traffic on any route is interru&ted and there is no lielihood of early resum&tion ofsuch traffic, nor is there any other reasonable route whereby traffic of &erishableconsinment may be di#erted to &re#ent, loss or deterioration of, or damae to,such consinment, the railway administration may sell them in the manner&ro#ided in clause (a) of subsection (2) of section 8/. (2) The railway

administration shall, out of the sale &roceeds recei#ed under subsection (1),retain a sum e+ual to the freiht and other chares includin e*&enses for thesale due to it and the sur&lus, if any, of such sale &roceeds, shall be rendered tothe &erson entitled thereto.

0-. Sales nder sections 0# to 0, not to affect the ri*ht to sit.7otwithstandin anythin contained in this !ha&ter, the riht of sale undersections 8/ to 8 shall be without &re


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CHAPTER < SPECIAL PR"5ISI"NS AS T" )""DS >""7ED T"N"TI+IED STATI"NS

00. Definitions. In this !ha&ter, unless the conte*t otherwise re+uires, (a)-essential commodity- means an essential commodity as defined in clause (a) ofsection 2 of the ssential !ommodities Act, 19 (15 of 19), (b) -notifiedstation- means a station declared to be a notified station under section 89 (c)-4tate "o#ernment-, in relation to a notified station, means the "o#ernment ofthe 4tate in which such station is situated, or where such station is situated in aDnion territory, the administrator of that Dnion territory a&&ointed under article2/9 of the !onstitution.

03. Po%er to declare notified stations. (1) The !entral "o#ernment may, if itis satisfied that it is necessary that oods entrusted for carriae by train intendedsolely for the carriae of oods to any railway station should be remo#ed withoutdelay from such railway station, declare, by notification, such railway station to bea notified station for such &eriod as may be s&ecified in the notification' ro#idedthat before declarin any railway station to be a notified station under this subsection, the !entral "o#ernment shall ha#e reard to all or any of the followinfactors, namely' (a) the #olume of traffic and the storae s&ace a#ailable atsuch railway station 200 (b) the nature and +uantities of oods enerally booedto such railway station (c) the sco&e for causin scarcity of such oods by notremo#in them for lon &eriods from such railway station and the hardshi& whichsuch scarcity may cause to the community (d) the number of waons liely to beheld u& at such railway station if oods are not remo#ed therefrom +uicly andthe need for +uic mo#ement and a#ailability of such waons (e) such otherfactors (bein rele#ant from the &oint of #iew of the interest of the eneral &ublic)

as may be &rescribed' ro#ided further that the &eriod s&ecified in anynotification issued under this subsection in res&ect of any railway station shallnot e*ceed si* months in the first instance, but such &eriod may, by notification,be e*tended from time to time by a &eriod not e*ceedin si* months on eachoccasion. (2) If any &erson entrustin any oods to a railway administration to becarried to a notified station maes an a&&lication in such form and manner asmay be &rescribed and s&ecifies therein the address of the &erson to whomintimation by reistered &ost of the arri#al of the oods at the notified station shallbe i#en and &ays the &ostae chares re+uired for i#in such intimation, therailway administration shall, as soon as may be after the arri#al of the oods atthe notified station, send such intimation accordinly. (/) There shall be e*hibited

at a cons&icuous &lace at each notified station a statement in the &rescribed formsettin out the descri&tion of the oods which by reason of the fact that they ha#enot been remo#ed from the station within a &eriod of se#en days from thetermination of transit thereof are liable to be sold, in accordance with the&ro#ision, of subsection (1) of section 95 by &ublic auction and the dates onwhich they would be so sold' ro#ided that different statements may be soe*hibited in res&ect of oods &ro&osed to be sold on different dates. () If theoods s&ecified in any statement to be e*hibited under subsection (/) include


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essential commodities, the railway ser#ant &re&arin the statement shall, as soonas may be after the &re&aration of such statement, forward a co&y thereof to (a)the re&resentati#e of the !entral "o#ernment, nominated by that "o#ernment inthis behalf (b) the re&resentati#e of the 4tate "o#ernment nominated by that"o#ernment in this behalf and (c) the ?istrict :aistrate within the local limits ofwhose


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issued in res&ect of the same oods both by the !entral "o#ernment and the4tate "o#ernment, the directions recei#ed earlier shall &re#ail. () The &rice&ayable for any essential commodity transferred in com&liance with a directionissued under subsection (2) shall be the &rice calculated in accordance with the&ro#isions of subsection (/) of section / of the ssential !ommodities Act, 19(15 of 19). ro#ided that (a) in the case of any essential commodity bein a

food stuff in res&ect whereof a notification issued under subsection (/A) ofsection / of the ssential !ommodities Act, 19 (15 of 19) is in force in thelocality in which the notified station is situated, the &rice &ayable shall becalculated in accordance with the &ro#isions of clauses (iii) and (i#) of that subsection (b) in the case of an essential commodity bein any rade or #ariety offoodrains, edible oilseeds or edible oils in res&ect wereof no notification issuedunder subsection (/A) of section / of the ssential !ommodities Act, 19 (15of 19), is in force in the locality in which the notified station is situated, the&rice &ayable shall be calculated in accordance with the &ro#isions of subsection(/E) of that section (c) in the case of an essential commodity bein any ind ofsuar in res&ect whereof no notification issued under subsection (/A) of section

/ of the ssential !ommodities Act, 19 (15 of 19), is in force in the locality inwhich the notified station is situated, the &rice &ayable shall, if such suar hasbeen booed by them &roducer to himself, be calculated in accordance with the&ro#isions of subsection (/!) of that section. *&lanation.or the &ur&oses ofthis clause, the e*&ressions -&roducer- and -suar- shall ha#e the meanins asined to these e*&ressions in the *&lanation to subsection (/!) of section /,and clause (e) of section 2 of the ssential !ommodities Act, 19 (15 of 19),res&ecti#ely.

31. Price to e (aid to (erson entitled after dedctin* des .(1) $ut of the&roceeds of any sale of oods under subsection (1) of section 95 or the &rice

&ayable therefor under subsection () of that section, the railway administrationmay retain a sum e+ual to the freiht and other chares due in res&ect of suchoods and the e*&enses incurred in res&ect of the oods and the auction thereofand render the sur&lus, if any, to the &erson entitled thereto. (2) 7otwithstandinanythin contained in subsection (1), the railway administration may reco#er bysuit any such freiht or chare or e*&enses referred to therein or balance thereof.(/) Any oods sold under subsection (1) of section 95 or transferred incom&liance with the directions issued under subsection (2) of that section shall#est in the buyer or the transferee free from all encumbrances but sub


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under clause (e) of the first &ro#iso to subsection (1) of section 89 (b) the formand manner in which an a&&lication may be made under subsection (2) ofsection 89 (c) the form in which a statement is re+uired to be e*hibited undersubsection (/) of section 89 (d) the manner in which the dates of &ublic auctionsmay be notified under subsection (1) of section 95 (e) the manner of creditin tothe railway administration the &rice of oods referred to in subclause (iii) of

clause (a) of the &ro#iso to subsection (/) of section 95.

CHAPTER here oods are re+uired to be loaded at a sidin notbelonin to a railway administration for carriae by railway, the railwayadministration shall not be res&onsible for any loss, destruction, damae ordeterioration of such oods from whate#er cause arisin, until the waoncontainin the oods has been &laced at the s&ecified &oint of interchane ofwaons between the sidin and the railway administration and a railway ser#ant

authorised in this behalf has been informed in writin accordinly by the owner ofthe sidin. (2) >here any consinment is re+uired to be deli#ered by a railwayadministration at a sidin not belonin to a railway administration, the railwayadministration shall not be res&onsible for any loss, destruction, damae ordeterioration or nondeli#ery of such consinment from whate#er cause arisinafter the waon containin the consinment has been &laced at the s&ecified&oint of interchane of waons between the railway and the sidin and the owner


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of the sidin has been informed in writin accordinly by a railway by a railwayser#ant authorised in this behalf.

3,. Dela& or retention in transit.A railway administration shall not beres&onsible for the loss, destruction, damae or deterioration of any consinment&ro#ed by the owner to ha#e been caused by the delay or detention in their

carriae if the railway administration &ro#es that the delay or detention arose forreasons beyond its control or without nelience or misconduct on its &art or onthe &art of any of its ser#ants.

3-. Traffic (assin* o2er rail%a&s in India and rail%a&s in forei*n contries.>here in the course of carriae of any consinment from a &lace in India to a&lace outside India or from a &lace outside India to a &lace in India or from one&lace outside India to another &lace outside India or from one &lace in India toanother &lace in India o#er any territory outside India, it is carried o#er therailways of any railway administration in India, the railway administration shall notbe res&onsible under any of the &ro#isions of this !ha&ter for the loss,

destruction, damae or deterioration of the oods, from whate#er cause arisin,unless it is &ro#ed by the owner of the oods that such loss, destruction, damaeor deterioration arose o#er the railway of the railway administration.

3/. )oods carried at o%ners ris9 rate. 7otwithstandin anythin contained insection 9/, a railway administration shall not be res&onsible for any loss,destruction, damae, deterioration or non deli#ery in transit, of any consinmentcarried at ownerCs ris rate, from whate#er cause arisin, e*ce&t u&on &roof, thatsuch loss, destruction, damae, deterioration or nondeli#ery was due tonelience or misconduct on its &art or on the &art of any of its ser#ants'ro#ided that (a) where the whole of such consinment or the whole of any

&acae formin &art of such consinment is not deli#ered to the consinee orthe endorsee and such nondeli#ery is not &ro#ed by the railway administration toha#e been due to fire or to any accident to the train or 282 (b) where in res&ectof any such consinment or of any &acae formin &art of such consinmentwhich had been so co#ered or &rotected that the co#erin or &rotection was notreadily remo#able by hand, it is &ointed out to the railway administration on orbefore deli#ery that any &art of that consinment or &acae had been &ilfered intransit, the railway administration shall be bound to disclose to the consinor, theconsinee or the endorsee how the consinment or the &acae was dealt withthrouhout the time it was in its &ossession or control, but if nelience ormisconduct on the &art of the railway administration or of any of its ser#ants

cannot be fairly inferred from such disclosure, the burden of &ro#in suchnelience or misconduct shall lie on the consinor, the consinee or theendorsee.

30. )oods in defecti2e condition or defecti2el& (ac9ed. (1) 7otwithstandinanythin contained in the foreoin &ro#isions of this !ha&ter, when any oodsentrusted to a railway administration for carriae (a) are in a defecti#e conditionas a conse+uence of which they are liable to damae, deterioration, leaae or


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wastae or (b) are either defecti#ely &aced or not &aced in such manner asmay be &rescribed and as a result of such defecti#e or im&ro&er &acin areliable to damae, deterioration, leaae or wastae, and the fact of suchcondition or defecti#e or im&ro&er &acin has been recorded by the consinor orhis aent in the forwardin note, the railway administration shall not beres&onsible for any damae, deterioration, leaae or wastae or for the

condition in which such oods are a#ailable for deli#ery at destination' ro#idedthat the railway administration shall be res&onsible for any such damae,deterioration, leaae or wastae or for the condition in which such oods area#ailable for deli#ery at destination if nelience or misconduct on the &art of therailway administration or of any of its ser#ants is &ro#ed. (2) >hen any oodsentrusted to a railway administration for carriae are found on arri#al at thedestination station to ha#e been damaed or to ha#e suffered deterioration,leaae or wastae, the railway administration shall not be res&onsible for thedamae, deterioration, leaae or wastae of the oods on &roof by railwayadministration, (a) that the oods were, at the time of entrustment to the railwayadministration, in a defecti#e condition, or were at that time either defecti#ely

&aced or not &aced in such manner as may be &rescribed and as a result ofwhich were liable to damae, deterioration, leaae or wastae and (b) thatsuch defecti#e condition or defecti#e or im&ro&er &acin was not brouht to thenotice of the railway administration or any of its ser#ants at the time ofentrustment of the oods to the railway administration for carriae by railway'28/ ro#ided that the railway administration shall be res&onsible for any suchdamae, deterioration, leaae or wastae if nelience or misconduct on the&art of the railway administration or of any of its ser#ants is &ro#ed.

33. Res(onsiilit& of a rail%a& administration after termination of transit .(1) A railway administration shall be res&onsible as a bailee under sections 11,

12 and 131 of the Indian !ontract Act, 1802 (9 of 1802), for the loss,destruction, damae, deterioration or nondeli#ery of any consinment u& to a&eriod of se#en days after the termination of transit' ro#ided that where theconsinment is at ownerCs ris rate, the railway administration shall not beres&onsible as a bailee for such loss, destruction, damae, deterioration or nondeli#ery e*ce&t on &roof of nelience or misconduct on the &art of the railwayadministration or of any of its ser#ants. (2) The railway administration shall not beres&onsible in any case for the loss, destruction, damae, deterioration or nondeli#ery of any consinment arisin after the e*&iry of a &eriod of se#en daysafter the termination of transit. (/) 7otwithstandin anythin contained in theforeoin &ro#isions of this section, a railway administration shall not be

res&onsible for the loss, destruction, damae, deterioration or non deli#ery of&erishable oods, animals, e*&losi#es and such danerous or other oods asmay be &rescribed, after the termination of transit. () 7othin in the foreoin&ro#isions of this section shall affect the liability of any &erson to &ay anydemurrae or wharfae, as the case may be, for so lon as the consinment isnot unloaded from the railway waons or remo#ed from the railway &remises.


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144. Res(onsiilit& as carrier of l**a*e.A railway administration shall notbe res&onsible for the loss, destruction, damae, deterioration or nondeli#ery ofany luae unless a railway ser#ant has booed the luae and i#en arecei&t therefor and in the case of luae which is carried by the &assener inhis chare, unless it is also &ro#ed that the loss, destruction, damae ordeterioration was due to the nelience or misconduct on its &art or on the &art of

any of its ser#ants.

141. Res(onsiilit& as a carrier of animals. A railway administration shall notbe res&onsible for any loss or destruction of, or inhereany consinment is entrusted to a railway administration for carriae by railwayand the #alue of such consinment has not been declared as re+uired under subsection (2) by the consinor, the amount of liability of the railway administrationfor the loss, destruction, damae, deterioration or nondeli#ery of theconsinment shall in no case e*ceed such amount calculated with reference tothe weiht of the consinment as may be &rescribed, and where suchconsinment consists of an animal, the liability shall not e*ceed such amount asmay be &rescribed. (2) 7otwithstandin anythin contained in subsection (1),where the consinor declares the #alue of any consinment at the time of itsentrustment to a railway administration for carriae by railway, and &ays such

&ercentae chare as may be &rescribed on so much of the #alue of suchconsinment as is in e*cess of the liability of the railway administration ascalculated or s&ecified, as the case may be, under subsection (1), the liability ofthe railway administration for the loss, destruction, damae, deterioration or nondeli#ery of such consinment shall not e*ceed the #alue so declared. (/) The!entral "o#ernment may, from time to time, by notification, direct that suchoods as may be s&ecified in the notification shall not be acce&ted for carriae


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by railway unless the #alue of such oods is declared and &ercentae chare is&aid as re+uired under subsection (2).

14'. E8tent of liailit& in res(ect of *oods carried in o(en %a*on . >hereany oods, which, under ordinary circumstances, would be carried in co#eredwaon and would be liable to damae, if carried otherwise, are with the consent

of the consinor, recorded in the forwardin note, carried in o&en waon, theres&onsibility of railway administration for destruction, damae or deteriorationwhich may arise only by reason of the oods bein so carried, shall be onehalfof the amount of liability for such destruction, damae or deterioration determinedunder this !ha&ter. 28

14,. Ri*ht of rail%a& administration to chec9contents of certain consinmentor luae. >here the #alue has been declared under section 15/ in res&ect ofany consinment a railway administration may mae it a condition of carryinsuch consinment that a railway ser#ant authorised by it in this behalf has beensatisfied by e*amination or otherwise that the consinment tendered for carriae

contain the articles declared.

14-. Notice of claim for com(ensation and refnd of o2erchar*e . (1) A&erson shall not be entitled to claim com&ensation aainst a railwayadministration for the loss, destruction, damae, deterioration or nondeli#ery ofoods carried by railway, unless a notice thereof is ser#ed by him or on hisbehalf, (a) to the railway administration to which the oods are entrusted forcarriae or (b) to the railway administration on whose railway the destinationstation lies, or the loss, destruction, damae or deterioration occurs, within a&eriod of si* months from the date of entrustment of the oods. (2) Anyinformation demanded or en+uiry made in writin from, or any com&laint made in

writin to, any of the railway administrations mentioned in subsection (1) by oron behalf of the &erson within the said &eriod of si* months reardin the nondeli#ery or delayed deli#ery of the oods with &articulars sufficient to identify theoods shall, for the &ur&ose of this section, be deemed to be a notice of claim forcom&ensation. (/) A &erson shall not be entitled to a refund of an o#erchare inres&ect of oods carried by railway unless a notice therefor has been ser#ed byhim or on his behalf to the railway administration to which the o#erchare hasbeen &aid within si* months from the date of such &ayment or the date of deli#eryof such oods at the destination station, whiche#er is later.

14/. A((lications for com(ensation for loss; etc.; of *oods .An a&&lication

for com&ensation for loss, destruction, damae, deterioration or nondeli#ery ofoods shall be filed aainst the railway administration on whom a notice undersection 153 has been ser#ed.

140. Person entitled to claim com(ensation.(1) If a railway administration&ays com&ensation for the loss, destruction, damae, deterioration or nondeli#ery of oods entrusted to it for carriae, to the consinee or the endorsee&roducin the railway recei&t, the railway administration shall be deemed to ha#e


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dischared its liability and no a&&lication before the !laims Tribunal or any otherleal &roceedin shall lie aainst the railway administration on the round thatthe consinee or the endorsee was not leally entitled to recei#e suchcom&ensation. (2) 7othin in subsection (1) shall affect the riht of any &ersonha#in any interest in the oods to enforce the same aainst the consinee orthe endorsee recei#in com&ensation under that sub section. 283

143. Rail%a& administration a*ainst %hich a((lication for com(ensation for(ersonal in?r& is to e filed.An a&&lication before the !laims Tribunal forcom&ensation for the loss of life or &ersonal in


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the &ur&oses of subsection (/) of section 99 and 280 (c) the ma*imum amount&ayable by the railway administration for the loss, destruction, damae,deterioration or nondeli#ery of any consinment under subsection (1) of section15/.


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CHAPTER here, in the course of worin arailway, (a) any accident attended with loss of any human life, or with rie#oushurt, as defined in the Indian enal !ode ( of 1835), or with such serious in


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ha#e the &owers as are #ested in a ci#il court while tryin a suit under the !odeof !i#il rocedure, 1958 ( of 1958), in res&ect of the followin matters, namely'(a) summonin and enforcin the attendance of &ersons and e*aminin them onoath (b) re+uirin the disco#ery and &roduction of documents (c) recei#ine#idence on affida#its (d) re+uisitionin any &ublic record or co&ies thereof fromany court or office (e) any other matter which may be &rescribed. (2) The

!ommissioner while conductin an in+uiry under this !ha&ter shall be deemed tobe a !i#il !ourt for the &ur&oses of section 19 and !ha&ter BB6I of the !ode of!riminal rocedure, 190/ (2 of 190),

11/. Statement made efore Commissioner. 7o statement made by a &ersonin the course of i#in e#idence in an in+uiry before the !ommissioner shallsub


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clause (a) of subsection (1) of section 11/ (b) the forms of notice of accidents tobe i#en under section 11/ and the &articulars of the accident such notices shallcontain (c) the manner of sendin the notices of accidents, includin the class ofaccidents to be sent immediately after the accident (d) the duties of the!ommissioner, railway administration, railway ser#ants, &olice officers and:aistrates on the occurrence of an accident (e) the &ersons to whom notices in

res&ect of any in+uiry under this !ha&ter are to be sent, the &rocedure to befollowed in such in+uiry and the manner in which a re&ort of such in+uiry shall be&re&ared (f) the nature of in+uiry to be made by a railway administration into thecauses of an accident under section 125 () the form and manner of sendin areturn of accidents by a railway administration under section 121.

CHAPTER ILITY "+ RAIL!AY ADMINISTRATI"N +"RDEATH AND INB6RY T" PASSEN)ERS D6E T" ACCIDENTS

1:#. Definitions. In this !ha&ter, unless the conte*t otherwise re+uires, (a)-accident- means an accident of the nature described in section 12 (b)

-de&endant- means any of the followin relati#es of a deceased &assener,namely' (i) the wife, husband, son and dauhter, and in case the deceased&assener is unmarried or is a minor, his &arent (ii) the &arent, minor brother orunmarried sister, widowed sister, widowed dauhterinlaw and a minor child of a&re 295 deceased son, if de&endant wholly or &artly on the deceased&assener (iii) a minor child of a &redeceased dauhter, if wholly de&endant onthe deceased &assener (i#) the &aternal rand &arent wholly de&endant on thedeceased &assener. 1F(c) -untowrd incident- means (1) (i) the commission ofa trrorist act within the meanin of subsection (1) of section (/) of the Terroristand ?istru&ti#e Acti#ite (re#ention) Act, 1980 or (ii) the main of a #iolentattac or the commission of robbery or dacoity or (iii) the indulin in riotin,

shootout or arson, by any &erson in or on any train carryin &asseners, or in awaitin hall, cloa room or reser#ation or booin office or on any &latform or inany other &lace within the &recincts of a railway station or (2) the accidentalfallin of any &assener from a train carryin &asseners.G

1:'. E8tent of liailit&. >hen in the course of worin a railway, an accidentoccurs, bein either a collision between trains of which one is a train carryin&asseners or the derailment of or other accident to a train or any &art of a traincarryin &asseners, then whether or not there has been any wronful act,nelect or default on the &art of the railway administration such as would entitle a&assener who has been in


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course of worin a railway an untoward incident acccurs, then whether or notthere has been any wronful act, nelaect or default on the &art of the railwayadministration such as would entitle a &assener who has been in


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administration under subsection (2) shall be taen into account by the !laimsTribunal while determinin the amount of com&ensation &ayable.

1:/. Determination of com(ensation in res(ect of an& in?r& or loss of*oods. (1) 4ub


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uards or other &ersonnel sub


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section () of section 1/2 are &resent, it may e*em&t any railway ser#ant fromthe &ro#isions of subsection (1) or clause (i) of subsection (2)' ro#ided that arailway ser#ant so e*em&ted shall, in such circumstances as may be &rescribed,be ranted com&ensatory &eriods of rest for the &eriods he has foreone.

1#'. Rail%a& ser2ant to remain on dt&.7othin in this !ha&ter or the rules

made thereunder shall, where due &ro#ision has been made for the relief of arailway ser#ant, authorise him to lea#e his duty until he has been relie#ed.

1#,. S(er2isors of rail%a& laor.(1) 4ub


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to the station from which he started, the ordinary sinle fare from the station fromwhich the train oriinally started, or if the ticets of &asseners tra#ellin in thetrain ha#e been e*amined since the oriinal startin of the train, the ordinarysinle fare from the &lace where the ticets were so e*amined or, in case of theirha#in been e*amined more than once, were last e*amined. 29 (/) The e*cesschare referred to in subsection (2) shall be a sum e+ual to the ordinary sinle

fare referred to in that subsection or fifty ru&ees, whiche#er is more. ()7otwithstandin anythin contained in section 3 of the Indian enal !ode ( of1935), the court con#ictin an offender may direct that the &erson in default of&ayment of any fine inflicted by the court shall suffer im&risonment for a termwhich may e*tend to si* months.

1#0. Le2& of e8cess char*e and fare for tra2ellin* %ithot (ro(er (ass ortic9et or e&ond athorised distance.(1) If any &assener, (a) bein in orha#in alihted from a train, fails or refuses to &resent for e*amination or todeli#er u& his &ass or ticet immediately on a demand bein made therefor undersection , or (b) tra#els in a train in contra#ention of the &ro#isions of section ,

he shall be liable to &ay, on the demand of any railway ser#ant authorised in thisbehalf, the e*cess chare mentioned in subsection (/) in addition to the ordinarysinle fare for the distance which he has tra#elled or, where there is any doubt asto the station from which he started, the ordinary sinle fare from the station fromwhich the train oriinally started, or, if the ticets of &asseners tra#ellin in thetrain ha#e been e*amined since the oriinal startin of the train, the ordinarysinle fare from the &lace where the ticets were so e*amined or in the case oftheir ha#in been e*amined more than once, were last e*amined. (2) If any&assener, (a) tra#els or attem&ts to tra#el in or on a carriae, or by a train, of ahiher class than that for which he has obtained a &ass or &urchased a ticet or(b) tra#els in or on a carriae beyond the &lace authorised by his &ass or ticet,

he shall be liable to &ay, on the demand of any railway ser#ant authorised in thisbehalf, any difference between the fare &aid by him and the fare &ayable inres&ect of the


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subsection () shall, as and when it is reco#ered, be &aid to the railwayadministration.

1#3. Po%er to remo2e (ersons. Any &erson failin or refusin to &ay the fareand the e*cess chare referred to in section 1/8 may be remo#ed by any railwayser#ant authorised in this behalf who may call to his aid any other &erson to

effect such remo#al' ro#ided that nothin in this section shall be deemed to&reclude a &erson remo#ed from a carriae of a hiher class from continuin his

hen a courtcon#ictin a &erson of an offence under section 1/0 or section 1/8 finds that hehas been habitually committin or attem&tin to commit that offence and the

court is of the o&inion that it is necessary or desirable to re+uire that &erson toe*ecute a bond for ood beha#iour, such court may, at the time of &assin thesentence on the &erson, order him to e*ecute a bond with or without sureties, forsuch amount and for such &eriod not e*ceedin three years as it deems fit. (2)

An order under subsection (1) may also be made by an a&&ellate court or by the=ih !ourt when e*ercisin its &owers of re#ision.

1'1. Needlessl& interferin* %ith means of commnication in a train. If any&assener or any other &erson, without reasonable and sufficient cause, maesuse of, or interferes with, any means &ro#ided by a railway administration in atrain for communication between &asseners and the railway ser#ant in chare of

the train, he shall be &unishable with im&risonment for a term which may e*tendto one year, or with fine which may e*tend to one thousand ru&ees, or with both'ro#ided that, in the absence of s&ecial and ade+uate reasons to the contrary tobe mentioned in the


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in clause (a) of subsection (1) or obtains the &ossession of any ticet referred toin clause (b) of that subsection from any &erson other than a railway ser#ant oran aent authorised in this behalf, he shall be &unishable with im&risonment for aterm which may e*tend to three months and with fine which may e*tend to fi#ehundred ru&ees and if the &urchaser or holder of any ticet aforesaid tra#els orattem&ts to tra#el therewith, he shall forfeit the ticet which he so &urchased or

obtained and shall be deemed to be tra#ellin without a &ro&er ticet and shall beliable to be dealt with under section 1/8' ro#ided that in the absence of s&ecialand ade+uate reasons to the contrary to be mentioned in the


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without e*cuse interferes with any amenity &ro#ided by the railway administrationso as to affect the comfortable tra#el of any &assener, he may be remo#ed fromthe railway by any railway ser#ant and shall, in addition to the forfeiture of his&ass or ticet, be &unishable with im&risonment which may e*tend to si* monthsand with fine which may e*tend to fi#e hundred ru&ees' ro#ided that in theabsence of s&ecial and ade+uate reasons to the contrary to be mentioned in the


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be done or attem&ts to do any other act or thin in relation to any railway, withintent or with nowlede that he is liely to endaner the safety of any &ersontra#ellin on or bein u&on the railway, he shall be &unishable with im&risonmentfor life, or with riorous im&risonment for a term which may e*tend to ten years'ro#ided that in the absence of s&ecial and ade+uate reasons to the contrary tobe mentioned in the


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he shall be &unishable with im&risonment for a term which may e*tend to oneyear, or with fine, or with both. /51

1,,. Enterin* into a com(artment reser2ed or resistin* entr& into acom(artment not reser2ed. (1) If any &assener (a) ha#in entered acom&artment wherein no berth or seat has been reser#ed by a railway

administration for his use, or (b) ha#in unauthorisedly occu&ied a berth or seatreser#ed by a railway administration for the use of another &assener, refuses tolea#e it when re+uired to do so by any railway ser#ant authorised in this behalf,such railway ser#ant may remo#e him or cause him to be remo#ed, with the aidof any other &erson, from the com&artment, berth or seat, as the case may be,and he shall also be &unishable with fine which may e*tend to fi#e hundredru&ees. (2) If any &assener resists the lawful entry of another &assener into acom&artment not reser#ed for the use of the &assener resistin, he shall be&unishable with fine which may e*tend to two hundred ru&ees.

1,-. Tra2ellin* on roof; ste( or en*ine of a train. If any &assener or any

other &erson, after bein warned by a railway ser#ant to desist, &ersists intra#ellin on the roof, ste& or footboard of any carriae or on an enine, or in anyother &art of a train not intended for the use of &asseners, he shall be&unishable with im&risonment for a term which may e*tend to three months, orwith fine which may e*tend to fi#e hundred ru&ees, or with both and may beremo#ed from the railway by any railway ser#ant.

1,/. Alterin* or defacin* (ass or tic9et.If any &assener wilfully alters ordefaces his &ass or ticet so as to render the date, number or any material&ortion thereof illeible, he shall be &unishable with im&risonment for a termwhich may e*tend to three months, or with fine which may e*tend to fi#e hundred

ru&ees, or with both.

1,0. Penalt& for contra2ention of an& of the (ro2isions of Cha(ter


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of a le#el crossin which is closed to road traffic, he shall be &unishable withim&risonment for a term which may e*tend to fi#e years.

1-1. Ne*li*entl& crossin* nmanned le2el crossin*. If any &erson dri#in orleadin a #ehicle is nelient in crossin an unmanned le#el crossin, he shall be&unishable with im&risonment which may e*tend to one year. *&lanation.or

the &ur&oses of this section, -nelience- in relation to any &erson dri#in orleadin a #ehicle in crossin an unmanned le#el crossin means the crossin ofsuch le#el crossin by such &erson (a) without sto&&in or carin to sto& the#ehicle near such le#el crossin to obser#e whether any a&&roachin rollinstoc is in siht, or (b) e#en while an a&&roachin rollin stoc is in siht.

1-:. Enterin* carria*e or other (lace reser2ed for females . If a male &ersonnowin or ha#in reason to belie#e that a carriae, com&artment, berth or seatin a train or room or other &lace is reser#ed by a railway administration for thee*clusi#e use of females, without lawful e*cuse, (a) enters such carriae,com&artment, room or other &lace, or ha#in entered such carriae,

com&artment, room or &lace, remains therein or (b) occu&ies any such berth orseat ha#in been re+uired by any railway ser#ant to #acate it, he shall, in additionto bein liable to forfeiture of his &ass or ticet, be &unishable with fine whichmay e*tend to fi#e hundred ru&ees and may also be remo#ed by any railwayser#ant.

1-#. )i2in* false accont of *oods. If any &erson re+uired to furnish anaccount of oods under section 33, i#es an account which is materially false, heand, if he is not the owner of the oods, the owner also shall, without &re


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a railway administration on a railway or any rollin stoc or (b) obliterates oralters any letters or fiures u&on any such board or document or u&on any rollinstoc, he shall be &unishable with im&risonment for a term which may e*tend toone month, or with fine which may e*tend to fi#e hundred ru&ees, or with both.

1-/. Smo9in*.(1) 7o &erson in any com&artment of a train shall, if obhosoe#er contra#enes the &ro#isionsof subsection (1) or subsection (2) shall be &unishable with fine which maye*tend to one hundred ru&ees.

1-0. Pro2ision %ith res(ect to commission of offence & the children ofacts endanerin safety of &erson tra#ellin on railway. (1) If a &erson under theae of twel#e years is uilty of any of the offences under sections 15 to 1, thecourt con#ictin him may re+uire the father or uardian of such &erson toe*ecute, within such time as the court may fi*, a bond for such amount and for

such &eriod as the court may direct for the ood conduct of such &erson. (2) Theamount of the bond, if forfeited, shall be reco#erable by the court as if it were afine im&osed by itself. (/) If a father or uardian fails to e*ecute a bond undersub section (1) within the time fi*ed by the court, he shall be &unishable with finewhich may e*tend to fifty ru&ees.

1-3. Le2& of (enalt& on non)o2ernment rail%a&. If a non "o#ernmentrailway fails to com&ly with, any re+uisition made, decision or direction i#en, bythe !entral "o#ernment, under any of the &ro#isions of this Act, or otherwisecontra#enes any of the &ro#isions of this Act, it shall be o&en to the !entral"o#ernment, by order, to le#y a &enalty not e*ceedin two hundred and fifty

ru&ees and a further &enalty not e*ceedin one hundred and fifty ru&ees fore#ery day durin which the contra#ention continues' ro#ided that no such&enalty shall be le#ied e*ce&t after i#in a reasonable o&&ortunity to the non"o#ernment railway to mae such re&resentation as it deems fit. /5

1/4. Reco2er& of (enalt&.Any &enalty im&osed by the !entral "o#ernmentunder section 139, shall be reco#erable by a suit in the ?istrict !ourt ha#in


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ser#ant shall be &unishable with im&risonment for a term which may e*tend toone year, or with fine, or with both.

1/#. Aandonin* train; etc.; %ithot athorit& . If any railway ser#ant, whenon duty, is entrusted with any res&onsibility connected with the runnin of a train,or of any other rollin stoc from one station or &lace to another station or &lace,

and he abandons his duty before reachin such station or &lace without authorityor without &ro&erly handin o#er such train or rollin stoc to another authorisedrailway ser#ant, he shall be &unishable with im&risonment for a term which maye*tend to two years, or with fine which may e*tend to one thousand ru&ees, orwith both.

1/'. "strctin* rnnin* of train; etc. If any railway ser#ant (whether on dutyor otherwise) or any other &erson obstructs or causes to be obstructed orattem&ts to obstruct any train or other rollin stoc u&on a railway, (a) bys+uattin or &icetin or durin any rail roo aitation or bandh or (b) by ee&inwithout authority any rollin stoc on the railway or (c) by tam&erin with,

disconnectin or interferin in any other manner with its hose &i&e or tam&erinwith sinal ear or otherwise, he shall be &unishable with im&risonment for aterm which may e*tend to two years, or with fine which may e*tend to twothousand ru&ees, or with both.

1/,. Endan*erin* the safet& of (ersons . If any railway ser#ant, when on duty,endaners the safety of any &erson (a) by disobeyin any rule made under this

Act or (b) by disobeyin any instruction, direction or order under this Act or therules made thereunder or /5 (c) by any rash or nelient act or omission, heshall be &unishable with im&risonment for a term which may e*tend to two years,or with fine which may e*tend to one thousand ru&ees, or with both.

1/-. "strctin* le2el crossin*. If any railway ser#ant unnecessarily (a)allows any rollin stoc to stand across a &lace where the railway crosses a&ublic road on the le#el or (b) ee&s a le#el crossin closed aainst the &ublic,he shall be &unishable with fine which may e*tend to one hundred ru&ees.

1//. +alse retrns.If any railway ser#ant re+uired to furnish a return by or underthis Act, sins and furnishes a return which is false in any material &articular orwhich he nows or belie#es to be false, or does not belie#e to be true, he shall be&unishable with im&risonment which may e*tend to one year, or with fine whichmay e*tend to fi#e hundred ru&ees, or with both.

1/0. Ma9in* a false re(ort & a rail%a& ser2ant. If any railway ser#ant who isre+uired by a railway administration to in+uire into a claim for loss, destruction,damae, deterioration or nondeli#ery of any consinment maes a re&ort whichis false or which he nows or belie#es to be false or does not belie#e to be true,he shall be &unishable with im&risonment for a term which may e*tend to twoyears, or with fine which may e*tend to one thousand ru&ees, or with both.


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1/3. Arrest for offences nder certain sections.=1) If a &erson commits anyoffence mentioned in sections 1/0, 11 to 10, 15 to 10, 135 to 132, 13, 133,138 and 102 to 10, he may be arrested without warrant or other written authorityby any railway ser#ant or &olice officer not below the ran of a head constable.(2) The railway ser#ant or the &olice officer may call to his aid any other &ersonto effect the arrest under subsection (1). (/) Any &erson so arrested under this

section shall be &roduced before the nearest :aistrate within a &eriod oftwentyfour hours of such arrest e*cludin the time necessary for the


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to that of a :etro&olitan :aistrate or a @udicial :aistrate of the first class shalltry an offence under this Act.

10:. Place of trial. (1) Any &erson committin an offence under this Act or anyrule made thereunder shall be triable for such offence in any &lace in which hemay be or which the 4tate "o#ernment may notify in this behalf, as well as in any

other &lace in which he is liable to be tried under any law for the time bein inforce. (2) #ery notification under subsection (1) shall be &ublished in the $fficial"a%ette, and a co&y thereof shall be e*hibited for the information of the &ublic insome cons&icuous &lace at such railway stations as the 4tate "o#ernment maydirect.

CHAPTER hile a notification of the !entral"o#ernment under sub section (1) is in force, the railway administration shall be

liable to &ay to the local authority either the ta* s&ecified in the notification or, inlieu thereof, such sum, if any, as an officer a&&ointed in this behalf by the !entral"o#ernment may, ha#in reard to all the circumstances of the case, from timeto time, determine to be fair and reasonable. (/) The !entral "o#ernment may atany time re#oe or #ary a notification issued under subsection (1). () 7othin inthis section shall be construed to &re#ent any railway administration fromenterin into a contract with any local authority for the su&&ly of water or liht, orfor the sca#enin of railway &remises, /50 or for any other ser#ice which thelocal authority may be renderin or be &re&ared to render to the railwayadministration.

10,. Ta8ation on rail%a&s for ad2ertisement.(1) 7otwithstandin anythin tothe contrary contained in any other law, a railway administration shall not beliable to &ay any ta* to any local authority in res&ect of any ad#ertisement madeon any &art of the railway unless the !entral "o#ernment, by notification,declares the railway administration to be liable to &ay the ta* s&ecified in suchnotification. (2) The !entral "o#ernment may at any time re#oe or #ary anotification issued under subsection (1).


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10-. Protection of action ta9en in *ood faith. 7o suit, &rosecution or otherleal &roceedin shall lie aainst the !entral "o#ernment, any railwayadministration, a railway ser#ant or any other &erson for anythin which is inood faith done or intended to be done in &ursuance of this Act or any rules ororders made thereunder.

10/. Restriction on e8cetion a*ainst rail%a& (ro(ert&. (1) 7o rollin stoc,machinery, &lant, tools, fittins, materials or effects used or &ro#ided by a railwayadministration for the &ur&ose of traffic on its railway, or of its stations orworsho&s, shall be liable to be taen in e*ecution of any decree or order of anycourt or of any local authority or &erson ha#in by law the &ower to attach ordistrain &ro&erty or otherwise to cause &ro&erty to be taen in e*ecution, withoutthe &re#ious sanction of the !entral "o#ernment. (2) 7othin in subsection (1)shall be construed to affect the authority of any court to attach the earnins of arailway in e*ecution of a decree or order.

100. Rail%a& ser2ants to e (lic ser2ants for the (r(oses of!ha&ter IB

and section 59 of the Indian enal !ode ( of 1835). (1) Any railway ser#ant,who is not a &ublic ser#ant within the meanin of section 21 of the Indian enal!ode, ( of 1835) shall be deemed to be a &ublic ser#ant for the &ur&oses of!ha&ter IB and section 59 of that !ode. (2) In the definition of -lealremuneration- in section 131 of the Indian enal !ode, ( of 1835.) the word-"o#ernmentshall, for the &ur&oses of subsection (1), be deemed to includeany em&loyer of a railway ser#ant as such.

103. Rail%a& ser2ants not to en*a*e in trade. A railway ser#ant shall not (a)&urchase or bid for, either in &erson or by an aent, in his own name or in that ofanother, or


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131. Proof of entries in records and docments. ntries made in the recordsor other documents of a railway administration shall be admitted in e#idence in all&roceedins by or aainst the railway administration, and all such entries may be&ro#ed either by the &roduction of the records or other documents of the railwayadministration containin such entries or by the &roduction of a co&y of theentries certified by the officer ha#in custody of the records or other documents

under his sinature and statin that it is a true co&y of the oriinal entries andthat such oriinal entries are contained in the records or other documents of therailway administration in his &ossession.

13:. Ser2ice of notice; etc.; on rail%a& administration. Any notice or otherdocument re+uired or authorised by this Act to be ser#ed on a railwayadministration may be ser#ed, in the case of a ;onal Railway, on the "eneral:anaer or any of the railway ser#ant authorised by the "eneral :anaer, andin the case of any other railway, on the owner or lessee of the railway or the&erson worin the railway under an areement (a) by deli#erin it to him or (b)by lea#in it at his office or (c) by reistered &ost to his office address.

13#. Ser2ice of notice; etc.; & rail%a& administration.Dnless otherwise&ro#ided in this Act or the rules framed thereunder, any notice or other documentre+uired or authorised by this Act to be ser#ed on any &erson by a railwayadministration may be ser#ed (a) by deli#erin it to the &erson or (b) by lea#init at the usual or last nown &lace of abode of the &erson or (c) by reistered&ost addressed to the &erson at his usual or last nown &lace of abode.

13'. Presm(tion %here notice is ser2ed & (ost.>here a notice or otherdocument is ser#ed by &ost, it shall be deemed to ha#e been ser#ed at the timewhen the letter containin it would be deli#ered in the ordinary course of &ost,

and in &ro#in such ser#ice, it shall be sufficient to &ro#e that the letter containinthe notice or other document was &ro&erty addressed and reistered. /59

13,. Re(resentation of rail%a& administration. (1) A railway administrationmay, by order in writin, authorise any railway ser#ant or other &erson to act for,or re&resent it, as the case may be, in any &roceedin before any ci#il, criminal orother court. (2) A &erson authorised by a railway administration to conduct&rosecutions on its behalf shall, notwithstandin anythin in section /52 of the!ode of !riminal rocedure, 190/ (2 of 190), be entitled to conduct such&rosecutions without the &ermission of the :aistrate.

13-. Po%er to e8em(t rail%a& from Act.(1) The !entral "o#ernment may, bynotification, e*em&t any railway from all or any of the &ro#isions of this Act. (2)#ery notification issued under subsection (1) shall be laid as soon as may beafter it is issued before each =ouse of arliament.

13/. Matters s((lemental to the definitions of rail%a& and rail%a&ser2ant-.(1) or the &ur&oses of sections 30, 11/, 121, 12/, 10, 11 to 1,135, 13, 133, 138, 105, 101, 10/ to 103, 109, 185, 182, 18, 18, 180 to 195,


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192, 19/, 19 and of this section, the word -railway- whether it occurs alone oras a &refi* to another word, has reference to a railway or &ortion of a railwayunder construction and to a railway or &ortion of a railway not used for the &ubliccarriae of &asseners, animals or oods as well as to a railway fallin within thedefinition of that word in clause (/1) of section 2. (2) or the &ur&oses of sections0, 2, 11/, 13, 102 to 103 and 188 to 195, the e*&ression -railway ser#ant-

includes a &erson em&loyed under a railway in connection with the ser#icethereof by a &erson fulfillin a contract with the railway administration.

130. )eneral (o%er to ma9e rles. >ithout &re

Indian Rly Act 1989

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Transcript of Indian Rly Act 1989