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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 $fficial "a%ette, a&&oint' (ro#ided that different dates may be a&&ointed for different &ro#isions of this Act, and any reference in any such &ro#ision to the commencement of this Act shall be construed as a reference to the comin) into force of that &ro#ision. Definitions. In this Act, unless the conte*t otherwise re+uires,,, (1) -authorised- means authorised by a railway administration. (2) -carria)e- means the carria)e of &assen)ers or )oods by a railway administration. (/) -!laims Tribunal- means the Railway !laims Tribunal established under section / of the Railway !laims Tribunal Act, 1980 (12 of 1980). (2) -classification- means the classification of commodities made under section /1 for the &ur&ose of determinin) the rates to be char)ed for carria)e of such commodities. (1) -class rates- means the rate fi*ed for a class of commodity in the classification. (3) -!ommissioner- means the !hief !ommissioner of Railway 4afety or the !ommissioner of Railway 4afety a&&ointed under section 1. (0) -commoditymeans a s&ecific item of )oods. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1. 1,0,1995' 6ide 7otifin. 7o. 4.$. 201 (8), dt 12,3,1995. 215 (8) -consi)nee- means the &erson named as consi)nee in a railway recei&t. (9) -consi)nment- means )oods entrusted to a railway administration for carria)e. (15) -consi)nor- means the &erson, named in a railway recei&t as consi)nor, by whom or on whose behalf )oods co#ered by the railway recei&t are entrusted to a railway administration for carria)e. (11) -demurra)e- means the char)e le#ied for the detention of any rollin) stoc9 after 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 si)nin) by the consi)nee or the endorsee after addin) a direction on a railway recei&t to &ass the &ro&erty in the )oods mentioned in such recei&t to a s&ecified &erson. (12) -fare- means the char)e le#ied for the carria)e of &assen)ers. (11) -ferry- includes a brid)e of boats, &ontoons or rafts, a swin) brid)e, a fly, brid)e and a tem&orary brid)e and the a&&roaches to, and landin) &laces of, a ferry.

(13) -forwardin) note- means the document e*ecuted under section 32. (10) -frei)ht- means the char)e le#ied for the carria)e of )oods includin) transhi&ment char)es, if any. (18) -"eneral :ana)er- means the "eneral :ana)er of a ;onal Railway a&&ointed under section 2. (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 carria)e of )oods by railway, means the &eriod between the commencement and the termination of transit of such )oods, and unless otherwise &re#iously determined,, (a) transit commences as soon as the railway recei&t is issued or the consi)nment is loaded, whiche#er is earlier. (b) transit terminates on the e*&iry of the free time allowed for unloadin) of consi)nment from any rollin) stoc9 and where such unloadin) has been com&leted within such free time, transit 211 terminates on the e*&iry of the free time allowed, for the remo#al of the )oods from the railway &remises. (22) -le#el crossin)- means an inter,section of a road with lines of rails at the same le#el. (2/) -lu))a)e- means the )oods of a &assen)er either carried by him in his char)e or entrusted to a railway administration for carria)e. (22) -lum& sum rate- means the rate mutually a)reed u&on between a railway administration and a consi)nor for the carria)e of )oods and for any ser#ice in relation to such carria)e. (21) -non,"o#ernment railway- means a railway other than a "o#ernment railway. (23) -notification- means a notification &ublished in the $fficial "a%ette. (20) -&arcel- means )oods entrusted to a railway administration for carria)e by a &assen)er 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 &assen)er, but does not include a tic9et. (29) -&assen)er- means a &erson tra#ellin) with a #alid &ass or tic9et. (/5) -&rescribed- means &rescribed by rules made under this Act. (/1) -railway- means a railway, or any &ortion of a railway, for the &ublic carria)e of &assen)ers or )oods, and includes,, (a) all lands within the fences or other boundary mar9s indicatin) the limits of the land a&&urtenant to a railway. (b) all lines of rails, sidin)s, or yards, or branches used for the &ur&oses of, or in connection with, a railway. (c) all electric traction e+ui&ments, &ower su&&ly and distribution installations used for the &ur&oses of, or in connection with, a railway. (d) all rollin) stoc9, stations, offices, warehouses, whar#es, wor9sho&s, manufactories, fi*ed &lant and machinery, roads and streets, runnin) rooms, rest houses, institutes, hos&itals, water wor9s and water su&&ly installations, staff dwellin)s and any other wor9s constructed for the &ur&ose of, or in connection with, railway. (e) all #ehicles which are used on any road for the &ur&oses of traffic of a railway and owned, hired or wor9ed by a railway. and (f) all ferries, shi&s, boats and rafts which are used on any canal, ri#er, la9e or other na#i)able inland waters for the &ur, 212 &oses of the traffic of a railway and owned, hired or wor9ed by a railway administration, but does not include,, (i) a tramway wholly

within a munici&al area. and (ii) lines of rails built in any e*hibition )round, fair, &ar9, 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 :ana)er of a ;onal Railway. and (b) a non,"o#ernment railway, means the &erson who is the owner or lessee of the railway or the &erson wor9in) the railway under an a)reement. (//) -railway recei&t- means the recei&t issued under section 31. (/2) -railway ser#ant- means any &erson em&loyed by the !entral "o#ernment or by a railway administration in connection with the ser#ice of a railway. (/1) -rate- includes any fare, frei)ht or any other char)e for the carria)e of any &assen)er or )oods. (/3) -re)ulations- means the re)ulations made by the Railway Rates Tribunal under this Act. (/0) -rollin) stoc9- includes locomoti#es, lenders, carria)es, wa)ons, rail,cars, containers, truc9s, trolleys and #ehicles of all 9inds mo#in) on rails. (/8) -station to station rate- means a s&ecial reduced rate a&&licable to a s&ecific commodity boo9ed between s&ecified stations. (/9) -traffic- includes rollin) stoc9 of e#ery descri&tion, as well as &assen)ers and )oods. (25) -Tribunal- means the Railway Rates Tribunal constituted under section //. (21) -wharfa)e- means the char)e le#ied on )oods for not remo#in) them from the railway after the e*&iry of the free time for such remo#al. (22) -;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 administration of 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 and head+uarters of such ;onal Railways and the areas in res&ect of which they shall e*ercise <urisdiction. 21/ (2) The ;onal Railway e*istin) immediately before the commencement of this Act shall be deemed to be ;onal Railways constituted under sub,section (1). (/) The !entral "o#ernment may, by notification, declare any unit of the railways en)a)ed in research, de#elo&ment, desi)nin), construction or &roduction of rollin) stoc9, its &arts or other e+ui&ment used on a railway, to be a ;onal Railway. (2) The !entral "o#ernment may, by notification, abolish any ;onal Railway or constitute any new ;onal Railway out of any e*istin) ;onal Railway or ;onal Railways, chan)e the name or head+uarters of any ;onal Railway or determine the areas in res&ect of which a ;onal Railway shall e*ercise <urisdiction. '. A((ointment of )eneral Mana*er. (1) The !entral "o#ernment shall, by notification, a&&oint a &erson to be the "eneral :ana)er of a ;onal Railway.

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

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 &erson as it may consider necessary to be the !ommissioners of Railway 4afety. -. D.ties of Commissioner. The !ommissioner shall,, (a) ins&ect any railway with a #iew to determine whether it is fit to be o&ened for the &ublic carria)e of &assen)ers and re&ort thereon to the !entral "o#ernment as re+uired by or under this Act. (b) ma9e such &eriodical or other ins&ections of any railway or of any rollin) stoc9 used thereon as the !entral "o#ernment may direct. (c) ma9e an in+uiry under this Act into the cause of any accident on a railway. and (d) dischar)e such other duties as are conferred on him by or under this Act. 212. /. Po%ers of Commissioner ., 4ub<ect to the control of the !entral "o#ernment, the !ommissioner, whene#er it is necessary so to do for any of the &ur&oses of this Act, may,, (a) enter u&on and ins&ect any railway or any rollin) stoc9 used thereon. (b) by order in writin) addressed to a railway administration, re+uire the attendance before him of any railway ser#ant and to re+uire answers or returns to such in+uiries as he thin9s fit to ma9e from such railway ser#ant or from the railway administration. and (c) re+uire the &roduction of any boo9, document or material ob<ect belon)in) to or in the &ossession or control of any railway administration which a&&ears to him to be necessary to ins&ect. 0. Commissioner to 1e (.1lic ser2ant .,The !ommissioner shall be deemed to be a &ublic ser#ant within the meanin) of section 21 of the Indian (enal !ode (21 of 1835). 3. +acilities to 1e afforded to Commissioners ., A railway administration shall afford to the !ommissioner all reasonable facilities for the dischar)e of the duties or for the e*ercise of the &owers im&osed or conferred on him by or under this Act. 14. Ann.al re(ort of Commissioners .,The !hief !ommissioner of Railway 4afety shall &re&are in each financial year an annual re&ort )i#in) a full account of the acti#ities of the !ommissioners durin) the financial year immediately &recedin) the financial year in which such re&ort is &re&ared and forward, before such date as may be s&ecified by the !entral "o#ernment, co&ies thereof to the

!entral "o#ernment, and that "o#ernment shall cause that re&ort to be laid, as soon 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 e8ec.te all necessar& %or9s ., 7otwithstandin) anythin) contained in any other law for the time bein) in force, but sub<ect to the &ro#isions of this Act and the &ro#isions of any law for the ac+uisition of land for a &ublic &ur&ose or for com&anies, and sub<ect also, in the case of a non,"o#ernment railway, to the &ro#isions of any contract between the non,"o#ernment railway and the !entral "o#ernment, a railway administration may, for the &ur&oses of constructin) or maintainin) a railway,, (a) ma9e or construct in or u&on, across, under or o#er any lands, or any streets, hills, #alleys, roads, railway, tramways, or any ri#ers, canals, broo9s, streams or other waters, or any drains, water,&i&es, )as,&i&es, oil,&i&es, sewers, electric su&&ly lines, or tele)ra&h lines, such tem&orary or &ermanent inclined,&lanes, brid)es, tunnels, cul#erts, emban9ments, ade+ucts, brid)es, roads, lines of rail, ways, &assa)es, conduits, drains, &iers, cuttin)s and fences, in,ta9e wells, tube wells, dams, ri#er trainin) and &rotection wor9s as it thin9s &ro&er. 211 (b) alter the course of any ri#ers, broo9s, streams or other water courses, for the &ur&ose of constructin) and maintainin) tunnels, brid)es, &assa)es or other wor9s o#er or under them and di#ert or alter either tem&orarily or &ermanently, the course of any ri#ers, broo9s, streams or other water courses or any roads, streets or ways, or raise or sin9 the le#el thereof, in order to carry them more con#eniently o#er or under or by the side of the railway. (c) ma9e drains or conduits into, throu)h or under any lands ad<oinin) the railway for the &ur&ose of con#eyin) water from or to the railway. (d) erect and construct such houses, warehouses, offices and other buildin)s, and such yards, stations, whar#es, en)ines, machinery a&&aratus and other wor9s and con#eniences as the railway administration thin9s &ro&er. (e) alter, re&air or discontinue such buildin)s, wor9s and con#eniences as aforesaid or any of them and substitute others in their stead. (f) erect, o&erate, maintain or re&air any tele)ra&h and tele&hone lines in connection with the wor9in) of the railway. ()) erect, o&erate, maintain or re&air any electric traction e+ui&ment, &ower su&&ly and distribution installation in connection with the wor9in) of the railway. and (h) do all other acts necessary for ma9in), maintainin), alterin) or re&airin) and usin) the railway. 1:. Po%er to alter the (osition of (i(e; electric s.((l& line; drain or se%er; etc.,(1) A railway administration may, for the &ur&ose of e*ercisin) the &owers conferred on it by this Act, alter the &osition of any &i&e for the su&&ly of )as, water, oil or com&ressed air, or the &osition of any electric su&&ly line, drain or sewer' (ro#ided that before alterin) the &osition of any such &i&e, electric su&&ly line, drain or sewer, the railway administration shall )i#e a notice indicatin) the time at which the wor9 of such alteration shall commence, to the local authority or other &erson ha#in) control o#er the &i&e, electric su&&ly line, drain or sewer. (2) The railway administration shall e*ecute the wor9 referred to in sub,section (1) to

the reasonable satisfaction of the local authority or the &erson recei#in) the notice under the &ro#iso to sub, section (1). 1#. Protection for )o2ernment (ro(ert&., 7othin) in sections 11 and 12 shall authorise,, (a) a railway administration of the "o#ernment railway to do anythin) on or to any wor9s, lands or buildin)s #ested in, or in the &ossession of, a 4tate "o#ernment without the consent of that "o#ernment. and (b) a railway administration of a non,"o#ernment railway to do anythin) on or to any wor9s, lands or buildin)s #ested in, or in the &ossession of, the !entral "o#ernment or a 4tate "o#ernment, without the consent of the "o#ernment concerned. 213 1'. Tem(orar& entr&; .(on land to remo2e o1str.ction; to re(air or to (re2ent accident., (1) >here in the o&inion of a railway administration,, (a) there is imminent dan)er that any tree, &ost or structure may fall on the railway so as to obstruct the mo#ement of rollin) stoc9. or (b) any tree, &ost, structure or li)ht obstructs the #iew of any si)nal &ro#ided for mo#ement of rollin) stoc9. or (c) any tree, &ost or structure obstructs any tele&hone or tele)ra&h line maintained by it, it may ta9e such ste&s as may be necessary to a#ert such dan)er 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 has occurred. or (b) there is a&&rehension of any sli& or accident to any cuttin), emban9ment or other wor9 on a railway, it may enter u&on any lands ad<oinin) the railway and do all such wor9s as may be necessary for the &ur&ose of re&airin) or &re#entin) such sli& or accident and submit a re&ort thereof to the !entral "o#ernment in such manner and within such time as may be &rescribed. (/) The !entral "o#ernment may, after considerin) the re&ort under sub,section (1) or sub,section (2), in the interest of &ublic safety, by order, direct the railway administration that further action under sub,section (1) or sub,section (2) shall be sto&&ed or the same shall be sub<ect to such conditions as may be s&ecified in that order. 1,. Pa&ment of amo.nt for dama*e or loss. (1) 7o suit shall lie a)ainst a railway administration to reco#er any amount for any dama)e or loss caused in the e*ercise of the &owers conferred by any of the fore)oin) &ro#isions of this !ha&ter. (2) A railway administration shall &ay or tender &ayment for any dama)e or loss caused in the e*ercise of the &owers conferred by any of the fore)oin) &ro#isions of this !ha&ter, and in case of a dis&ute as to the sufficiency of any amount so &aid or tendered or as to the &ersons entitled to recei#e the amount, it shall immediately refer the dis&ute for the decision of the ?istrict @ud)e of the district and his decision thereon shall be final' (ro#ided that where the railway administration fails to ma9e a reference within si*ty days from the date of commencement of the dis&ute, the ?istrict @ud)e may, on an a&&lication made to him by the &erson concerned, direct the railway administration to refer the dis&ute for his decision. (/) The reference under sub,section (2) shall be treated as an a&&eal under section 93 of the !ode of !i#il (rocedure, 1958 (1 of 1958) and shall be dis&osed of accordin)ly. (2) >here any amount has been

&aid as re+uired by sub,section (2), the railway administration shall, notwithstandin) anythin) in any other law for the time bein) in force, be dischar)ed from all liabilities to any &erson whatsoe#er in res&ect of any amount so &aid. 210 1-. Accommodation %or9s. (1) A railway administration shall ma9e and maintain the followin) wor9s for the accommodation of the owners and occu&iers of lands ad<oinin) the railway, namely',, (a) such crossin)s, brid)es, cul#erts and &assa)es o#er, under or by the sides of, or leadin) to or from, the railway as may, in the o&inion of the 4tate "o#ernment, be necessary for the &ur&ose of ma9in) )ood any interru&tions caused by the railway to the use of the lands throu)h which the railway is made. and (b) all necessary brid)es, tunnels, cul#erts, drains, water sources or other &assa)es, o#er, under or by the sides of the railway, of such dimensions as will, in the o&inion of the 4tate "o#ernment, be sufficient at all times to con#ey water as freely from or to the lands lyin) near or affected by the railway as it was before the ma9in) of the railway or as nearly as &ossible. (2) 4ub<ect to the other &ro#isions of this Act, the wor9s s&ecified in sub,section (1) shall be made at the cost of the railway administration durin) or immediately after the layin) out or formation of the railway o#er the lands tra#ersed and in such a manner as to cause as little dama)e or incon#enience as &ossible to &ersons interested in the lands or affected by the wor9s' (ro#ided that,, (a) a railway administration shall not be re+uired to ma9e any administration shall be liable to e*ecute any further or additional the wor9in) or usin) of the railway, or to ma9e any accommodation wor9s with res&ect to which the owners or occu&iers of the lands ha#e been &aid com&ensation in consideration of their not re+uirin) the said wor9s to be made. (b) sa#e as hereinafter, in this !ha&ter, &ro#ided, no railway administration shall be liable to e*ecute any further or additional accommodation wor9s for the use of the owners or occu&iers of the lands after the e*&iration of ten years from the date on which the railway &assin) throu)h the lands was first o&ened for &ublic traffic. (c) where a railway administration has &ro#ided suitable accommodation wor9 for the crossin) of a road or stream and the road or stream is afterwards di#erted by the act or ne)lect of the &erson ha#in) the control thereof, the railway administration shall not be com&elled to &ro#ide any other accommodation wor9 for the crossin) of such road or stream. (/) The 4tate "o#ernment may s&ecify a date for the commencement of any wor9 to be e*ecuted under sub,section (1) and, if within three months ne*t after that date, the railway administration fails to commence the wor9 or ha#in) commenced it, fails to &roceed dili)ently to e*ecute it, the !entral "o#ernment shall, on such failure bein) brou)ht to its notice by the 4tate "o#ernment, issue such directions to the railway administration as it thin9s fit. 8*&lanation.,,Aor the &ur&oses of this section, the e*&ression -lands- shall include &ublic roads. 218 1/. Po%er of o%ner; occ.(ier; State )o2ernment or local a.thorit& to cause additional accommodation wor9s to be made.,(1) If an owner or occu&ier of any land affected by a railway considers the wor9s made under section 13 to be insufficient for the use of the land, or if the 4tate "o#ernment or a local authority

desires to construct a &ublic road or other wor9 across, under or o#er a railway, such owner or occu&ier, or, as the case may be, the 4tate "o#ernment or the local authority may, at any time, re+uire the railway administration to ma9e at the e*&ense of the owner or occu&ier or of the 4tate "o#ernment or the local authority, as the case may be, such further accommodation wor9s as are considered necessary and are a)reed to by the railway administration. (2) The accommodation wor9s made under sub,section (1) shall be maintained at the cost of the owner or occu&ier of the land, the 4tate "o#ernment or the local authority, at whose re+uest the wor9s were made. (/) In the case of any difference of o&inion between the railway administration and the owner or occu&ier, the 4tate "o#ernment or the local authority, as the case may be, in relation to,, (i) the necessity of such further accommodation wor9s. or (ii) the e*&enses to be incurred on the construction of such further accommodation wor9s. or (iii) the +uantum of e*&enses on the maintenance of such further accommodation wor9s, it shall be referred to the !entral "o#ernment whose decision thereon shall be final. 10. +ences; *ates and 1ars. The !entral "o#ernment may, within such time as may be s&ecified by it or within such further time, as it may )rant, re+uire that,, (a) boundary mar9s or fences be &ro#ided or renewed by a railway administration for a railway or any &art thereof and for roads constructed in connection therewith. (b) suitable )ates, chains, bars, stiles or hand,rails be erected or renewed by a railway administration at le#el crossin)s. (c) &ersons be em&loyed by a railway administration to o&en and shut )ates, chains or bars. 13. "2er 1rid*es and .nder 1rid*es. (1) >here a railway administration has constructed 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 ta9e the road either under or o#er the railway by means of a brid)e or arch with con#enient ascents and descents and other con#enient a&&roaches, instead of crossin) the road on the le#el, or to e*ecute such other wor9s as may, in the circumstances of the case, a&&ear to the 4tate "o#ernment or the local authority maintainin) the road to be best ada&ted for remo#in) or diminishin) the dan)er arisin) from the le#el crossin). (2) The railway administration may re+uire the 4tate "o#ernment or the local authority, as the case may be, as a condition of e*ecutin) any wor9 under sub,section (1), to underta9e to &ay the whole of the 219 cost of the wor9 and the e*&ense of maintainin) the wor9, to the railway administration or such &ro&ortion of the cost and e*&enses as the !entral "o#ernment considers <ust and reasonable. (/) In the case of any difference of o&inion between the railway administration and the 4tate "o#ernment or the local authority, as the case may be, o#er any of the matters mentioned in sub,section (1), it shall be referred to the !entral "o#ernment, whose decision thereon shall be final. :4. Po%er of Central )o2ernment to *i2e directions for safet& ., 7otwithstandin) anythin) contained in any other law, the !entral "o#ernment may, if it is of the o&inion that any wor9 underta9en or may be underta9en, is

li9ely to alter or im&ede the natural course of water flow or cause an increase in the #olume of such flow endan)erin) any cuttin), emban9ment or other wor9 on a railway, issue directions in writin) to any &erson, officer or authority res&onsible for such wor9 to close, re)ulate or &rohibit that wor9.

CHAPTER 5 "PENIN) "+ RAIL!AYS


:1. Sanction of the Central )o2ernment to the o(enin* of rail%a&. 7o railway shall be o&ened for the &ublic carria)e of &assen)ers until the !entral "o#ernment has, by order, sanctioned the o&enin) thereof for that &ur&ose. ::. +ormalities to 1e com(lied %ith 1efore *i2in* sanction to the o(enin* of a rail%a&., (1) The !entral "o#ernment shall, before )i#in) its sanction to the o&enin) of a railway under section 21, obtain a re&ort from the !ommissioner that,, (a) he has made a careful ins&ection of the railway and the rollin) stoc9 that may be used thereon. (b) the mo#in) and fi*ed dimensions as laid down by the !entral "o#ernment ha#e not been infrin)ed. (c) the structure of lines of rails, stren)th of brid)es, )eneral structural character of the wor9s and the si%e of, and ma*imum )ross load u&on, the a*les of any rollin) stoc9, com&ly with the re+uirements laid down by the !entral "o#ernment. and (d) in his o&inion, the railway can be o&ened for the &ublic carria)e of &assen)ers without any dan)er to the &ublic usin) it. (2) If the !ommissioner is of the o&inion that the railway cannot be o&ened without any dan)er 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 to be 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 sub<ect to such conditions as may be considered necessary by it for the safety of the &ublic. 235 :#. Sections :1 and :: to a((l& to the o(enin* of certain %or9s ., The &ro#isions of sections 21 and 22 shall a&&ly to the o&enin) of the followin) wor9s if they form &art of, or are directly connected with, a railway used for the &ublic carria)e of &assen)ers and ha#e been constructed subse+uent to the )i#in) of a re&ort by the !ommissioner under section 22, namely',, (a) o&enin) of additional lines of railway and de#iation lines. (b) o&enin) of stations, <unctions and le#el crossin)s. (c) re,modellin) of yards and re,buildin) of brid)es. (d) introduction of electric traction. and (e) any alteration or reconstruction materially affectin) the structural character of any wor9 to which the &ro#isions of sections 21 and 22 a&&ly or are e*tended by this section. :'. Tem(orar& s.s(ension of traffic. >hen an accident has occurred on a railway resultin) in a tem&orary sus&ension of traffic, and either the ori)inal lines of rails and wor9s ha#e been restored to their ori)inal standard or a tem&orary di#ersion has been laid for the &ur&ose of restorin) communication, the ori)inal lines of rails and wor9s so restored, or the tem&orary di#ersion, as the case may

be, may, without &rior ins&ection by the !ommissioner, be o&ened for the &ublic carria)e of &assen)ers, sub<ect to the followin) conditions, namely',, (a) the railway ser#ant inchar)e of the wor9s underta9en by reason of the accident has certified in writin) that the o&enin) of the restored lines of rails and wor9s, or of the tem&orary di#ersion will not in his o&inion be attended with dan)er to the &ublic. and (b) a notice of the o&enin) of the lines of rails and wor9s or the di#ersion shall be sent immediately to the !ommissioner. :,. Po%er to close rail%a& o(ened for the (.1lic carria*e of (assen*ers ., >here, after the ins&ection of any railway o&ened and used for the &ublic carria)e of &assen)ers or any rollin) stoc9 used thereon, the !ommissioner is of the o&inion that the use of the railway or of any rollin) stoc9 will be attended with dan)er to the &ublic usin) it, the !ommissioner shall send a re&ort to the !entral "o#ernment who may thereu&on direct that,, (i) the railway be closed for the &ublic carria)e of &assen)ers. or (ii) the use of the rollin) stoc9 be discontinued. or (iii) the railway or the rollin) stoc9 may be used for the &ublic carria)e of &assen)ers sub<ect to such conditions as it may consider necessary for the safety of the &ublic. :-. Re o(enin* of closed rail%a&. >hen the !entral "o#ernment has, under section 21, directed the closure of a railway or the discontinuance of the use of any rollin) stoc9,, (a) the railway shall not be re,o&ened for the &ublic carria)e of &assen)ers until it has been ins&ected by the !ommissioner and its re,o&enin) is sanctioned in accordance with the &ro#isions of this !ha&ter. and 231 (b) the rollin) stoc9 shall not be used until it has been ins&ected by the !ommissioner and its re,use is sanctioned in accordance with the &ro#isions of this !ha&ter. :/. 6se of rollin* stoc9. A railway administration may use such rollin) stoc9 as it may consider necessary for the construction, o&eration and wor9in) of a railway' (ro#ided that before usin) any rollin) stoc9 of a desi)n or ty&e different from that already runnin) on any section of the railway, the &re#ious sanction of the !entral "o#ernment shall be obtained for such use' (ro#ided further that before )i#in) any such sanction, the !entral "o#ernment shall obtain a re&ort from the !ommissioner that he has made a careful ins&ection of the rollin) stoc9 and, in his o&inion, such rollin) stoc9 can be used. :0. Dele*ation of (o%ers., The !entral "o#ernment may, by notification, direct that any of its &owers or functions under this !ha&ter, e*ce&t section 29, or the rules made thereunder shall, in relation to such matters and sub<ect to such conditions, if any, as may be s&ecified in the notification, be e*ercised or dischar)ed also by a !ommissioner. :3. Po%er to ma9e r.les in res(ect of matters in this Cha(ter . (1) The !entral "o#ernment may, by notification, ma9e rules to carry out the &ur&oses of this !ha&ter. (2) In &articular, and without &re<udice to the )enerality of the fore)oin) &ower, such rules may &ro#ide for all or any of the followin) matters, namely',, (a) the duties of a railway administration and the !ommissioner in

re)ard to the o&enin) of a railway for the &ublic carria)e of &assen)ers. (b) the arran)ements to be made for and the formalities to be com&lied with before o&enin) a railway for the &ublic carria)e of &assen)ers. (c) for re)ulatin) the mode in which, and the s&eed at which rollin) stoc9 used on railways is to be mo#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 +I<ATI"N "+ RATES


#4. Po%er to fi8 rates. =1) The !entral "o#ernment may, from time to time, by )eneral or s&ecial order fi*, for the carria)e of &assen)ers and )oods, rates for the whole or any &art of the railway and different rates may be fi*ed for different classes of )oods and s&ecify in such order the conditions sub<ect to which such rates shall a&&ly. (2) The !entral "o#ernment may, by a li9e order, fi* the rates of any other char)es incidental to or connected with such carria)e includin) demurra)e and wharfa)e for the whole or any &art of the railway and s&ecify in the order the conditions sub<ect to which such rates shall a&&ly. 232 #1. Po%er to classif& commodities or alter rates ., The !entral "o#ernment shall ha#e &ower to,, (a) classify or reclassify any commodity for the &ur&ose of determinin) the rates to be char)ed for the carria)e of such commodities. and (b) increase or reduce the class rates and other char)es. #:. Po%er of rail%a& administration to char*e certain rates ., 7otwithstandin) anythin) contained in this !ha&ter, a railway administration may, in res&ect of the carria)e of any commodity and sub<ect to such conditions as may be s&ecified,,, (a) +uote a station to station rate. (b) increase or reduce or cancel, after due notice in the manner determined by the !entral "o#ernment, a station to station rate, not bein) a station to station rate introduced in com&liance 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 com&liance with an order made by the Tribunal. and (d) char)e any lum& sum rate.

CHAPTER 5II RAIL!AY RATES TRI>6NAL


##. Constit.tion of the Rail%a& Rates Tri1.nal. (1) There shall be a Tribunal, to be called the Railway Rates Tribunal, for the &ur&ose of dischar)in) the functions s&ecified in this !ha&ter. (2) The Tribunal shall consist of a !hairman and 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 Tribunal unless he is, or has been, a @ud)e of the 4u&reme !ourt or of a =i)h !ourt and of the other two members, one shall be a &erson, who, in the o&inion of the

!entral "o#ernment, has s&ecial 9nowled)e of the commercial, industrial or economic conditions of the country, and the other shall be a &erson, who, in the o&inion of the !entral "o#ernment, has s&ecial 9nowled)e and e*&erience of the commercial wor9in) of the railways. (2) The !hairman and the other members of the Tribunal shall hold office for such &eriod, not e*ceedin) fi#e years, as may be &rescribed. (1) 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 or otherwise 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 Tribunal shall, on the e*&iration of the term of his office (not bein) an office to fill a casual #acancy), be ineli)ible for re, a&&ointment to that office. (0) 4ub<ect to the &ro#isions of sub,sections (1) and (3), the !hairman and other members of the Tribunal shall hold office on such terms and conditions as may be &rescribed. 23/ (8) 7o act or &roceedin) of the Tribunal shall be in#alidated merely by reason of,, (a) any #acancy in, or any defect in the constitution of, the Tribunal. or (b) any defect in the a&&ointment of a &erson actin) as a !hairman or other member of the Tribunal. #'. Staff of the Tri1.nal. (1) The Tribunal may, with the &re#ious a&&ro#al of the !entral "o#ernment, a&&oint such officers and em&loyees as it considers necessary for the efficient dischar)e of its functions under this !ha&ter. (2) The terms and conditions of ser#ice of the officers and em&loyees of the Tribunal shall be such as may be determined by re)ulations. #,. Sittin*s of the Tri1.nal. The Tribunal may sit at such &lace or &laces as it may find con#enient for the transaction of its business. #-. Com(laints a*ainst a rail%a& administration ., Any com&laint that a railway administration,, (a) is contra#enin) the &ro#isions of section 05. or (b) is char)in) for the carria)e of any commodity between two stations a rate which is unreasonable. or (c) is le#yin) any other char)e which is unreasonable, may be made to the Tribunal, and the Tribunal shall hear and decide any such com&laint in accordance with the &ro#isions of this !ha&ter. #/. Matters not %ithin the ?.risdiction of the Tri1.nal ., 7othin) in this !ha&ter shall confer <urisdiction on the Tribunal in res&ect of,, (a) classification or re,classification of any commodity. (b) fi*ation of wharfa)e and demurra)e char)es (includin) conditions attached to such char)es). (c) fi*ation of fares le#ied for the carria)e of &assen)ers and frei)ht le#ied for the carria)e of lu))a)e, &arcels, railway material and military traffic. and (d) fi*ation of lum& sum rates. #0. Po%ers of the Tri1.nal. (1) The Tribunal shall ha#e the &owers of a ci#il court under the !ode of !i#il (rocedure, 1958 (1 of 1958) for the &ur&oses of ta9in) e#idence on oath, enforcin) the attendance of witnesses, com&ellin) the disco#ery and &roduction of documents, issuin) commissions for the e*amination

of witnesses and of re#iew and shall be deemed to be a ci#il court for all the &ur&oses of section 191 and !ha&ter BBB6 of the !ode of !riminal (rocedure, 190/ (2 of 1902) and any reference in such section or cha&ter to the &residin) officer of a court shall be deemed to include a reference to the !hairman of the Tribunal. (2) The Tribunal shall also ha#e &ower to &ass such interim and final orders as the circumstances may re+uire, includin) orders for the &ayment of costs. 232 #3. Reference to the Tri1.nal ., 7otwithstandin) anythin) contained in section /0, the !entral "o#ernment may ma9e a reference to the Tribunal in res&ect of any of the matter s&ecified in that section and where any such reference is made in res&ect of any such matter, the Tribunal shall ma9e an in+uiry into that matter and submit its re&ort thereon to the !entral "o#ernment. '4. Assistance 1& the Central )o2ernment. (1) The !entral "o#ernment shall )i#e to the Tribunal such assistance as it may re+uire and shall also &lace at its dis&osal any information in the &ossession of the !entral "o#ernment which that "o#ernment may thin9 rele#ant to any matter before the Tribunal. (2) Any &erson duly authorised in this behalf by the !entral "o#ernment shall be entitled to a&&ear and be heard in any &roceedin)s before the Tribunal. '1. >.rden of (roof; etc. In the case of any com&laint under clause (a) of section /3,,, (a) whene#er it is shown that a railway administration char)es one trader or class of traders or the traders in any local area, lower rates for the same or similar )oods or lower char)es for the same or similar ser#ices than it char)es to other traders in any other local area, the burden of &ro#idin) that such lower rate or char)e does not amount to an undue &reference, shall lie on the railway administration. (b) in decidin) whether a lower rate or char)e does not amount to an undue &reference, the Tribunal may, in addition to any other considerations affectin) the case, ta9e into consideration whether such lower rate or char)e is necessary in the interests of the &ublic. ':. Decision; etc.; of the Tri1.nal ., The decisions or orders of the Tribunal shall be by a ma<ority of the members sittin) and shall be final. '#. >ar of ?.risdiction of co.rts. , 7o suit shall be instituted or &roceedin) ta9en in res&ect of any matter which the Tribunal is em&owered to deal with, or decide, under this !ha&ter. ''. Reliefs %hich the Tri1.nal ma& *rant ., In the case of any com&laint made under clause (b) or clause (c) of section /3, the Tribunal may,, (i) fi* such rate or char)e as it considers reasonable from any date as it may deem &ro&er, not bein) a date earlier to the date of the filin) of the com&laint. (ii) direct a refund of amount, if any, as bein) the e*cess of the rate or char)e fi*ed by the Tribunal under clause (i).

',. Re2ision of decisions *i2en 1& the Tri1.nal ., >here a railway administration considers that since the date of decision by the Tribunal, there has been a material chan)e in the circumstances on which it was based, it may, after the e*&iry of one year from such date, ma9e an a&&lication to the Tribunal and the Tribunal may, after ma9in) such in+uiry as it considers necessary, #ary or re#o9e the decision. 231 '-. E8ec.tion of decisions or orders of the Tri1.nal ., The Tribunal may transmit any decision or order made by it to a ci#il court ha#in) local <urisdiction and such ci#il court shall e*ecute the decision or order as if it were a decree made by that court. '/. Re(ort to the Central )o2ernment., The Tribunal shall &resent annually a re&ort to the !entral "o#ernment of all its &roceedin)s under this !ha&ter. '0. Po%er of the Tri1.nal to ma9e re*.lations ., (1) The Tribunal may, with the &re#ious a&&ro#al of the !entral "o#ernment, ma9e re)ulations consistent with this Act and rules )enerally to re)ulate its &rocedure for the effecti#e dischar)e of its functions under this !ha&ter. (2) In &articular, and without &re<udice to the )enerality of the fore)oin) &ower, such re)ulations may &ro#ide for all or any of the followin) matters, namely',, (a) the terms and conditions of ser#ice of the officers and em&loyees of the Tribunal. (b) the award of costs by the Tribunal in any &roceedin)s before it. (c) the reference of any +uestion to a member or to an officer of the Tribunal or any other &erson a&&ointed by the Tribunal, for re&ort after holdin) a local in+uiry. (d) the ri)ht of audience before the Tribunal, &ro#ided that any &arty shall be entitled to be heard in &erson, or by a re&resentati#e duly authorised in writin), or by a le)al &ractitioner. (e) the dis&osal by the Tribunal of any &roceedin)s before it, notwithstandin) that in the course thereof there has been a chan)e in the &ersons sittin) as members of the Tribunal. (f) a scale of fees for and in connection with the &roceedin)s before the Tribunal.

CHAPTER 5III CARRIA)E "+ PASSEN)ERS


'3. E8hi1ition of certain timin*s and ta1les of fares at stations .,(1) 8#ery railway administration shall cause to be &asted in a cons&icuous and accessible &lace at e#ery station in =indi and 8n)lish and also in the re)ional lan)ua)e commonly in use in the area where the station is situated,,, (i) a table of times of arri#al and de&arture of trains which carry &assen)ers and sto& at that station, and (ii) list of fares from such station to such other stations as it may consider necessary. (2) At e#ery station where tic9ets are issued to &assen)ers, a co&y of the time table in force shall be 9e&t in the office of the station master. 233 ,4. S.((l& of tic9ets on (a&ment of fare. (1) Any &erson desirous of tra#ellin) on a railway shall, u&on &ayment of the fare, be su&&lied with a tic9et by a railway ser#ant or an a)ent authorised in this behalf and such tic9et shall contain the followin) &articulars, namely',, (i) the date of issue. (ii) the class of

carria)e. (iii) the &lace from and the &lace to which it is issued. and (i#) the amount of the fare. (2) 8#ery railway administration shall dis&lay the hours durin) which boo9in) windows at a station shall be 9e&t o&en for the issue of tic9ets to &assen)ers. (/) The &articulars re+uired to be s&ecified on a tic9et under clauses (ii) and (iii) of sub,section (1) shall,,, (a) if it is for the lowest class of carria)e, be set forth in =indi, 8n)lish and the re)ional lan)ua)e commonly in use at the &lace of issue of the tic9et. and (b) if it is for any other class of carria)e, be set forth in =indi and 8n)lish' (ro#ided that where it is not feasible to s&ecify such &articulars in any such lan)ua)e due to mechanisation or any other reason, the !entral "o#ernment may e*em&t such &articulars bein) s&ecified in that lan)ua)e. ,1. Pro2ision for case in %hich tic9et is iss.ed for class or train not ha#in) accommodation for additional &assen)ers.,(1) A tic9et shall be deemed to ha#e been issued sub<ect to the condition of a#ailability of accommodation in the class of carria)e and the train for which the tic9et is issued. (2) If no accommodation is a#ailable in the class of carria)e for which a tic9et is issued, and the holder thereof tra#els in a carria)e of a lower class, he shall, on returnin) such tic9et, be entitled to a refund of the difference between the fare &aid by him and the fare &ayable for the class of carria)e in which he tra#els. ,:. Cancellation of tic9et and ref.nd. If a tic9et is returned for cancellation, the railway administration shall cancel the same and refund such amount as may be &rescribed. ,#. Prohi1ition a*ainst transfer of certain tic9ets. A tic9et issued in the name of a &erson shall be used only by that &erson' (ro#ided that nothin) contained in this section shall &re#ent mutual transfer of a seat or berth by &assen)ers tra#ellin) by the same train' (ro#ided further that a railway ser#ant authorised in this behalf may &ermit chan)e of name of a &assen)er ha#in) reser#ed a seat or berth sub<ect to such circumstances as may be &rescribed. ,'. E8hi1ition and s.rrender of (asses and tic9ets ., 8#ery &assen)er shall, on demand by any railway ser#ant authorised in this behalf, &resent his &ass or tic9et to such railway ser#ant for e*amination durin) the <ourney or at the end of the <ourney and surrender such tic9et,, (a) at the end of the <ourney, or 230 (b) if such tic9et is issued for a s&ecified &eriod, on the e*&iration of such &eriod. ,,. Prohi1ition a*ainst tra2ellin* %itho.t (ass or tic9et ., (1) 7o &erson shall enter or remain in any carria)e on a railway for the &ur&ose of tra#ellin) therein as a &assen)er unless he has with him a &ro&er &ass or tic9et or obtained &ermission of a railway ser#ant authorised in this behalf for such tra#el. (2) A &erson obtainin) &ermission under sub,section (1) shall ordinarily )et a certificate from the railway ser#ant referred to in that sub,section that he has been &ermitted to tra#el in such carria)e on condition that he subse+uently &ays the fare &ayable for the distance to be tra#elled.

,-. Po%er to ref.se to carr& (ersons s.fferin* from infectio.s or conta*io.s diseases., (1) A &erson sufferin) from such infectious or conta)ious diseases, as may be &rescribed, shall not enter or remain in any carria)e on a railway or tra#el in a train without the &ermission of a railway ser#ant authorised in this behalf. (2) The railway ser#ant )i#in) &ermission under sub,section (1), shall arran)e 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<ect to such other conditions as may be &rescribed. (/) Any &erson who enters or remains in any carria)e or tra#els in a train without &ermission as re+uired under sub,section (1) or in contra#ention of any condition &rescribed under sub,section (2), such &erson and a &erson accom&anyin) him shall be liable to the forfeiture of their &asses or tic9ets and remo#al from railway by any railway ser#ant. ,/. Ma8im.m n.m1er of (assen*ers for each com(artment .,4ub<ect to the a&&ro#al of the !entral "o#ernment, e#ery railway administration shall fi* the ma*imum number of &assen)ers which may be carried in each com&artment of e#ery descri&tion of carria)e, and shall e*hibit the number so fi*ed in a cons&icuous manner inside or outside each com&artment in =indi, 8n)lish and also in one or more of the re)ional lan)ua)es commonly in use in the areas ser#ed by the railway. ,0. Earmar9in* of com(artment; etc.; for ladies ., 8#ery railway administration shall, in e#ery train carryin) &assen)ers, earmar9 for the e*clusi#e use of females, one com&artment or such number of berths or seats, as the railway administration may thin9 fit. ,3. Comm.nications 1et%een (assen*ers and rail%a& ser2ant in char*e of train., A railway administration shall &ro#ide and maintain in e#ery train carryin) &assen)ers, such efficient means of communication between the &assen)ers and the railway ser#ant in char)e of the train as may be a&&ro#ed by the !entral "o#ernment' (ro#ided that where the railway administration is satisfied that the means of communication &ro#ided in a train are bein) misused, it may cause such means to be disconnected in that train for such &eriod as it thin9s fit' (ro#ided further that the !entral "o#ernment may s&ecify the circumstances under which a railway administration may be e*em&ted from &ro#idin) such means of communication in any train. 238 -4. Po%er to ma9e r.les in res(ect of matters in this Cha(ter ., (1) The !entral "o#ernment may, by notification, ma9e rules to carry out the &ur&oses of this !ha&ter. (2) In &articular, and without &re<udice to the )enerality of the fore)oin) &ower, such rules may &ro#ide for all or any of the followin) matters, namely',, (a) the con#enience and accommodation (includin) the reser#ation of seats or berths in trains) to &assen)ers. (b) the amount of refund for the cancellation of a tic9et. (c) the circumstances under which chan)e of names of &assen)ers, ha#in) reser#ed seats or berths, may be &ermitted. (d) the carria)e of lu))a)e and the conditions sub<ect to which lu))a)e may be 9e&t in the cloa9 rooms at the stations. (e) diseases which are infectious or conta)ious. (f) the

conditions sub<ect to which a railway administration may carry &assen)ers sufferin) from infectious or conta)ious diseases and the manner in which carria)es used by such &assen)ers may be disinfected. ()) )enerally, for re)ulatin) the tra#ellin) u&on, and the use, wor9in) and mana)ement of the railways. (/) Any rule made under this section may &ro#ide that a contra#ention thereof shall be &unishable with fine which shall not e*ceed fi#e hundred ru&ees. (2) 8#ery railway administration shall 9ee& at e#ery station on its railway a co&y of all the rules made under this section and shall also allow any &erson to ins&ect it free of char)e.

CHAPTER I< CARRIA)E "+ )""DS


-1. Maintenance of rate 1oo9s; etc.; for carria*e of *oods ., 8#ery railway administration shall maintain, at each station and at such other &laces where )oods are recei#ed for carria)e, the rate,boo9s or other documents which shall contain the rate authorised for the carria)e of )oods from one station to another and ma9e them a#ailable for the reference of any &erson durin) all reasonable hours without &ayment of any fee. -:. Conditions for recei2in*; etc.; of *oods ., (1) A railway administration may im&ose conditions, not inconsistent with this Act or any rules made thereunder, with res&ect to the recei#in), forwardin), carryin) or deli#erin) of any )oods. (2) A railway administration shall maintain, at each station and at such other &laces where )oods are recei#ed for carria)e, a co&y of the conditions for the time bein) in force under sub,section (1) and ma9e them a#ailable for the reference of any &erson durin) all reasonable hours without &ayment of any fee. -#. Pro2ision of ris9 rates .,(1) >here any )oods are entrusted to a railway administration for carria)e, such carria)e shall, e*ce&t where ownerCs ris9 rate is a&&licable in res&ect of such )oods, be at railway ris9 rate. 239 (2) Any )oods, for which ownerCs ris9 rate and railway ris9 rate are in force, may be entrusted for carria)e at either of the rates and if no rate is o&ted, the )oods shall be deemed to ha#e been entrusted at ownerCs ris9 rate. -'. +or%ardin* note. (1) 8#ery &erson entrustin) any )oods to a railway administration for carria)e shall e*ecute a forwardin) note in such form as may be s&ecified by the !entral "o#ernment' (ro#ided that no forwardin) note shall be e*ecuted in the case of such )oods as may be &rescribed. (2) The consi)nor shall be res&onsible for the correctness of the &articulars furnished by him in the forwardin) note. (/) The consi)nor shall indemnify the railway administration a)ainst any dama)e suffered by it by reason of the incorrectness or incom&leteness of the &articulars in the forwardin) note. -,. Rail%a& recei(t.,(1) A railway administration shall,,, (a) in a case where the )oods are to be loaded by a &erson entrustin) such )oods, on the com&letion of such loadin). or (b) in any other case, on the acce&tance of the )oods by it, issue a railway recei&t in such form as may be s&ecified by the !entral "o#ernment.

(2) A railway recei&t shall be &rima facie e#idence of the wei)ht and the number of &ac9a)es stated therein' (ro#ided that in the case of a consi)nment in wa)on, load or train,load and the wei)ht or the number of &ac9a)es is not chec9ed by a railway ser#ant authorised in this behalf, and a statement to that effect is recorded in such railway recei&t by him, the burden of &ro#in) the wei)ht or, as the case may be, the number of &ac9a)es stated therein, shall lie on the consi)nor, the consi)nee or the endorsee. --. Po%er to re@.ire statement relatin* to the descri(tion of *oods ., (1) The owner or a &erson ha#in) char)e of any )oods which are brou)ht u&on a railway for the &ur&oses of carria)e by railway, and the consi)nee or the endorsee of any consi)nment shall, on the re+uest of any railway ser#ant authorised in this behalf, deli#er to such railway ser#ant a statement in writin) si)ned by such owner or &erson or by such consi)nee or endorsee, as the case may be, containin) such descri&tion of the )oods as would enable the railway ser#ant to determine the rate for such carria)e. (2) If such owner or &erson refuses or ne)lects to )i#e the statement as re+uired under sub,section (1) and refuses to o&en the &ac9a)e containin) the )oods, if so re+uired by the railway ser#ant, it shall be o&en to the railway administration to refuse to acce&t such )oods for carria)e unless such owner or &erson &ays for such carria)e the hi)hest rate for any class of )oods. (/) If the consi)nee or endorsee refuses or ne)lects to )i#e the statement as re+uired under sub,section (1) and refuses to o&en the &ac9a)e containin) the )oods, if so re+uired by the railway ser#ant, it shall be 205 o&en to the railway administration to char)e in res&ect of the carria)e of the )oods the hi)hest rate for any class of )oods. (2) If the statement deli#ered under sub, section (1) is materially false with res&ect to the descri&tion of any )oods to which it &ur&orts to relate, the railway administration may char)e in res&ect of the carria)e of such )oods such rate, not e*ceedin) double the hi)hest rate for any class of )oods as may be s&ecified by the !entral "o#ernment. (1) If any difference arises between a railway ser#ant and such owner or &erson, the consi)nee or the endorsee, as the case may be, in res&ect of the descri&tion of the )oods for which a statement has been deli#ered under sub,section (1), the railway ser#ant may detain and e*amine the )oods. (3) >here any )oods ha#e been detained under sub,section (1) for e*amination and u&on such e*amination it is found that the descri&tion of the )oods is different from that )i#en in the statement deli#ered under sub,section (1), the cost of such detention and e*amination shall be borne by such owner or &erson, the consi)nee or the endorsee, as the case may be, and the railway administration shall not be liable for any loss, dama)e or deterioration which may be caused by such detention or e*amination. -/. Carria*e of dan*ero.s or offensi2e *oods .,(1) 7o &erson shall ta9e with him on a railway, or re+uire a railway administration to carry such dan)erous or offensi#e )oods, as may be &rescribed, e*ce&t in accordance with the &ro#isions of this section. (2) 7o &erson shall ta9e with him on a railway the )oods referred to in sub,section (1) unless he )i#es a notice in writin) of their dan)erous or offensi#e nature to the railway ser#ant authorised in this behalf. (/) 7o &erson

shall entrust the )oods referred to in sub,section (1) to a railway ser#ant authorised in this behalf for carria)e unless he distinctly mar9s on the outside of the &ac9a)e containin) such )oods their dan)erous or offensi#e nature and )i#es a notice in writin) of their dan)erous or offensi#e nature to such railway ser#ant. (2) If any railway ser#ant has reason to belie#e that )oods contained in a &ac9a)e are dan)erous or offensi#e and notice as re+uired under sub,section (2) or sub,section (/), as the case may be, in res&ect of such )oods is not )i#en, he may cause such &ac9a)e to be o&ened for the &ur&ose of ascertainin) its contents. (1) 7otwithstandin) anythin) contained in this section, any railway ser#ant may refuse to acce&t any dan)erous or offensi#e )oods for carria)e or sto&, in transit, such )oods or cause the same to be remo#ed, as the case may be, if he has reason to belie#e that the &ro#isions of this section for such carria)e are not com&lied with. (3) 7othin) in this section shall be construed to dero)ate from the &ro#isions of the Indian 8*&losi#es Act, 1882 (2 of 1982), or any rule or order made under that Act, and nothin) in sub,sections (2) and (1) shall be construed to a&&ly to any )oods entrusted for carria)e by order or on behalf of the "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 the Territorial Army or of the 7ational !adet !or&s may ta9e with him on a railway in the course of his em&loyment or duty as such. -0. Carria*e of animals s.fferin* from infectio.s or conta*io.s diseases ., A railway administration shall not be bound to carry any animal sufferin) from such infectious or conta)ious disease as may be &rescribed. -3. De2iation of ro.te.,>here due to any cause beyond the control of a railway administration or due to con)estion 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 boo9ed, the railway administration shall not be deemed to ha#e committed a breach of the contract of carria)e by reason only of the de#iation of the route. /4. Prohi1ition of .nd.e (reference., A railway administration shall not ma9e or )i#e any undue or unreasonable &reference or ad#anta)e to, or in fa#our of, any &articular &erson or any &articular descri&tion of traffic in the carria)e of )oods. /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 &ublic interest 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 carria)e of such )oods or class of )oods consi)ned by or to the !entral "o#ernment or the "o#ernment of any 4tate or of such other )oods or class of )oods. (b) to carry any )oods or class of )oods by such route or routes and at such rates. (c) to restrict or refuse acce&tance of such )oods or class of )oods at or to such station for carria)e, as may be s&ecified in the order. (2) Any order made under sub,section (1) shall cease to ha#e effect after the e*&iration of a &eriod of one year from the date of such order, but may, by a li9e order, be renewed from time to time for such

&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 shall be bound to com&ly with any order )i#en under sub,section (1) and any action ta9en by a railway administration in &ursuance of any such order shall not be deemed to be a contra#ention of section 05. /:. Ma8im.m carr&in* ca(acit& for %a*ons and tr.c9s ., (1) The )ross wei)ht of e#ery wa)on or truc9 bearin) on the a*les when the wa)on or truc9 is loaded to its ma*imum carryin) ca&acity shall not e*ceed such limit as may be fi*ed by the !entral "o#ernment for the class of a*le under the wa)on or truc9. 202 (2) 4ub<ect to the limit fi*ed under sub,section (1), e#ery railway administration shall determine the normal carryin) ca&acity for e#ery wa)on or truc9 in its &ossession and shall e*hibit in words and fi)ures the normal carryin) ca&acity so determined in a cons&icuous manner on the outside of e#ery such wa)on or truc9. (/) 8#ery &erson ownin) a wa)on or truc9 which &asses o#er a railway shall determine and e*hibit the normal carryin) ca&acity for the wa)on or truc9 in the manner s&ecified in sub,section (2). (2) 7otwithstandin) anythin) contained in sub, section (2) or sub, section (/), where a railway administration considers it necessary or e*&edient so to do in res&ect of any wa)on or truc9 carryin) any s&ecified class of )oods or any class of wa)ons or truc9s of any s&ecified ty&e, it may #ary the normal carryin) ca&acity for such wa)on or truc9 or such class of wa)ons or truc9s and sub<ect to such conditions as it may thin9 fit to im&ose, determine for the wa)on or truc9 or class of wa)ons or truc9s such carryin) ca&acity as may be s&ecified in the notification and it shall not be necessary to e*hibit the words and fi)ures re&resentin) the carryin) ca&acity so determined on the outside of such wa)on or truc9 or such class of wa)ons or truc9s. /#. P.niti2e char*e for o2erloadin* a %a*on. >here a &erson loads )oods in a wa)on beyond its &ermissible carryin) ca&acity as e*hibited under sub,section (2) or sub,section (/), or notified under sub, section (2), of section 02, a railway administration may, in addition to the frei)ht and other char)es, reco#er from the consi)nor, the consi)nee or the endorsee, as the case may be, char)es by way of &enalty at such rates, as may be &rescribed, before the deli#ery of the )oods' (ro#ided that it shall be lawful for the railway administration to unload the )oods loaded beyond the ca&acity of the wa)on, if detected at the forwardin) station or at any &lace before the destination station and to reco#er the cost of such unloadin) and any char)e for the detention of any wa)on on this account. /'. Passin* of (ro(ert& in the *oods co2ered 1& rail%a& recei(t . The &ro&erty in the consi)nment co#ered by a railway recei&t shall &ass to the consi)nee or the endorsee, as the case may be, on the deli#ery of such railway recei&t to him and he shall ha#e all the ri)hts and liabilities of the consi)nor. /,. Section /' not to affect ri*ht of sto((a*e in transit or claims for frei*ht . 7othin) contained in section 02 shall &re<udice or affect,, (a) any ri)ht of the consi)nor for sto&&a)e of )oods in transit as an un&aid #endor (as defined under the 4ale of "oods Act, 19/5) (/ of 19/5.) on his written re+uest to the railway

administration. (b) any ri)ht of the railway to claim frei)ht from the consi)nor. or (c) any liability of the consi)nee or the endorsee, referred to in that section, by reason of his bein) such consi)nee or endorsee. 20/ /-. S.rrender of rail%a& recei(t . The railway administration shall deli#er the consi)nment 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 consi)nment may be deli#ered to the &erson, entitled in the o&inion of the railway administration to recei#e the )oods, in such manner as may be &rescribed. //. Po%er of rail%a& administration to deli2er )oods or sale &roceeds thereof in certain cases. >here no railway recei&t is forthcomin) and any consi)nment or the sale &roceeds of any consi)nment are claimed by two or more &ersons, the railway administration may withhold deli#ery of such consi)nment or sale &roceeds, as the case may be, and shall deli#er such consi)nment or sale &roceeds in such manner as may be &rescribed. /0. Po%er to meas.re; %ei*h; etc . 7otwithstandin) anythin) contained in the railway recei&t, the railway administration may, before the deli#ery of the consi)nment, ha#e the ri)ht to,, (i) re,measure, re,wei)h or re,classify any consi)nment, (ii) re,calculate the frei)ht and other char)es. and (iii) correct any other error or collect any amount that may ha#e been omitted to be char)ed. /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 consi)nee or endorsee, allow wei)hment of the consi)nment sub<ect to such conditions and on &ayment of such char)es as may be &rescribed and the demurra)e char)es if any' (ro#ided that e*ce&t in cases where a railway ser#ant authorised in this behalf considers it necessary so to do, no wei)hment shall be allowed of )oods boo9ed at ownerCs ris9 rate or )oods which are &erishable and are li9ely to lose wei)ht in transit' (ro#ided further that no re+uest for wei)hment of consi)nment in wa)on,load or train,load shall be allowed if the wei)hment is not feasible due to con)estion in the yard or such other circumstances as may be &rescribed. 04. Lia1ilit& of rail%a& administration for %ron* deli2er& .,>here a railway administration deli#ers the consi)nment to the &erson who &roduces the railway recei&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 is for)ed or otherwise defecti#e. 01. "(en deli2er& of consi*nments. >here the consi)nment arri#es in a dama)ed condition or shows si)ns of ha#in) been tam&ered with and the consi)nee or the endorsee demands o&en deli#ery, the railway administration shall )i#e o&en deli#ery in such manner as may be &rescribed. 202 0:. Partial deli2er& of consi*nments . , (1) The consi)nee or endorsee shall, as soon as the consi)nment or &art thereof is ready for deli#ery, ta9e deli#ery of

such consi)nment or &art thereof notwithstandin) that such consi)nment or &art thereof is dama)ed. (2) In the case of &artial deli#ery under sub,section (1), the railway administration shall furnish a &artial deli#ery certificate, in such form as may be &rescribed. (/) If the consi)nee or endorsee refuses to ta9e deli#ery under sub,section (1), the consi)nment or &art thereof shall be sub<ect to wharfa)e char)es beyond the time allowed for remo#al. 0#. Lien for frei*ht or an& other s.m d.e .,(1) If the consi)nor, the consi)nee or the endorsee fails to &ay on demand any frei)ht or other char)es due from him in res&ect of any consi)nment, the railway administration may detain such consi)nment or &art thereof or, if such consi)nment is deli#ered, it may detain any other consi)nment of such &erson which is in, or thereafter comes into, its &ossession. (2) The railway administration may, if the consi)nment detained under sub,section (1) is,, (a) &erishable in nature, sell at once. or (b) not &erishable in nature, sell, by &ublic auction, such consi)nment or &art thereof, as may be necessary to realise a sum e+ual to the frei)ht or other char)es' (ro#ided that where a railway administration for reasons to be recorded in writin) is of the o&inion that it is not e*&edient to hold the auction, such consi)nment or &art thereof may be sold in such manner as may be &rescribed. (/) The railway administration shall )i#e a notice of not less than se#en days of the &ublic auction under clause (b) of sub,section (2) in one or more local news&a&ers or where there are no such news&a&ers in such manner as may be &rescribed. (2) The railway administration may, out of the sale &roceeds recei#ed under sub, section (2), retain a sum e+ual to the frei)ht and other char)es includin) e*&enses for the sale due to it and the sur&lus of such &roceeds and the &art of the consi)nment, if any, shall be rendered to the &erson entitled thereto. 0'. 6nclaimed consi*nment., (1) If any &erson fails to ta9e deli#ery of,, (a) any consi)nment. or (b) the consi)nment released from detention made under sub, section (1) of section 8/. or (c) any remainin) &art of the consi)nment under sub, section (2) of section 8/. such consi)nment shall be treated as unclaimed. (2) The railway administration may,,, (a) in the case of an unclaimed consi)nment which is &erishable in nature, sell such consi)nment in the manner &ro#ided in clause (a) of sub,section (2) of section 8/. or 201 (b) in the case of an unclaimed consi)nment which is not &erishable in nature, cause a notice to be ser#ed u&on the consi)nee if his name and address are 9nown, and u&on the consi)nor if the name and address of the consi)nee are not 9nown, re+uirin) him to remo#e the )oods within a &eriod of se#en days from the recei&t thereof and if such notice connot be ser#ed or there is a failure to com&ly with the re+uisition in the notice, sell such consi)nment in the manner &ro#ided in clause (b) of sub,section (2) of section 8/. (/) The railway administration shall, out of the sale &roceeds recei#ed under sub,section (2), retain a sum e+ual to the frei)ht and other char)es includin) e*&enses for the sale due to it and the sur&lus, if any, of such sale &roceeds shall be rendered to the &erson entitled thereto. 0,. Dis(osal of (erisha1le consi*nments in certain circ.mstances ., (1) >here by reason of any flood, land,sli&, 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 interru&ted and there is no li9elihood of early resum&tion of such traffic, nor is there any other reasonable route whereby traffic of &erishable consi)nment may be di#erted to &re#ent, loss or deterioration of, or dama)e to, such consi)nment, the railway administration may sell them in the manner &ro#ided in clause (a) of sub,section (2) of section 8/. (2) The railway administration shall, out of the sale &roceeds recei#ed under sub,section (1), retain a sum e+ual to the frei)ht and other char)es includin) e*&enses for the sale due to it and the sur&lus, if any, of such sale &roceeds, shall be rendered to the &erson entitled thereto. 0-. Sales .nder sections 0# to 0, not to affect the ri*ht to s.it ., 7otwithstandin) anythin) contained in this !ha&ter, the ri)ht of sale under sections 8/ to 81 shall be without &re<udice to the ri)ht of the railway administration to reco#er by suit, any frei)ht, char)e, amount or other e*&enses due to it. 0/. Po%er to ma9e r.les in res(ect of matters in this Cha(ter. (1) The !entral "o#ernment may, by notification, ma9e rules to carry out the &ur&oses of this !ha&ter. (2) In &articular, and without &re<udice to the )enerality of the fore)oin) &ower, such rules may &ro#ide for all or any of the followin) matters, namely',, (a) )oods in res&ect of which no forwardin) note shall be e*ecuted under &ro#iso to sub,section (1) of section 32. (b) dan)erous and offensi#e )oods for the &ur&oses of sub, section (1) of section 30. (c) infectious or conta)ious diseases for the &ur&oses of section 38. (d) rates of &enalty char)es under section 0/. (e) the manner in which the consi)nment may be deli#ered without a railway recei&t under section 03. (f) the manner of deli#ery of consi)nment or the sale &roceeds to the &erson entitled thereto under section 00. 203 ()) the conditions sub<ect to which and char)es &ayable for allowin) wei)hment and circumstances for not allowin) wei)hment of consi)nment in wa)on,load or train,load under section 09. (h) the manner of )i#in) o&en deli#ery under section 81. (i) the form of &artial deli#ery certificate under sub, section (2) of section 82. (<) the manner of sale of consi)nment or &art thereof under the &ro#iso to sub,section (2) of section 8/. (9) the manner in which a notice under sub,section (/) of section 8/ may be )i#en. (l) )enerally, for re)ulatin) the carria)e of )oods by the railways. (/) Any rule made under this section may &ro#ide that a contra#ention thereof shall be &unishable with fine which may e*tend to one hundred and fifty ru&ees. (2) 8#ery railway administration shall 9ee& at each station a co&y of the rules for the time bein) in force under this section, and shall allow any &erson to refer to it free of char)e.

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) of section 2 of the 8ssential !ommodities Act, 1911 (15 of 1911), (b) -notified station- 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 of the 4tate in which such station is situated, or where such station is situated in a Dnion territory, the administrator of that Dnion territory a&&ointed under article 2/9 of the !onstitution. 03. Po%er to declare notified stations ., (1) The !entral "o#ernment may, if it is satisfied that it is necessary that )oods entrusted for carria)e by train intended solely for the carria)e of )oods to any railway station should be remo#ed without delay from such railway station, declare, by notification, such railway station to be a notified station for such &eriod as may be s&ecified in the notification' (ro#ided that before declarin) any railway station to be a notified station under this sub, section, the !entral "o#ernment shall ha#e re)ard to all or any of the followin) factors, namely',, (a) the #olume of traffic and the stora)e s&ace a#ailable at such railway station. 200 (b) the nature and +uantities of )oods )enerally boo9ed to such railway station. (c) the sco&e for causin) scarcity of such )oods by not remo#in) them for lon) &eriods from such railway station and the hardshi& which such scarcity may cause to the community. (d) the number of wa)ons li9ely to be held u& at such railway station if )oods are not remo#ed therefrom +uic9ly and the need for +uic9 mo#ement and a#ailability of such wa)ons. (e) such other factors (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 any notification issued under this sub,section in res&ect of any railway station shall not 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 each occasion. (2) If any &erson entrustin) any )oods to a railway administration to be carried to a notified station ma9es an a&&lication in such form and manner as may be &rescribed and s&ecifies therein the address of the &erson to whom intimation by re)istered &ost of the arri#al of the )oods at the notified station shall be )i#en and &ays the &osta)e char)es re+uired for )i#in) such intimation, the railway administration shall, as soon as may be after the arri#al of the )oods at the notified station, send such intimation accordin)ly. (/) There shall be e*hibited at a cons&icuous &lace at each notified station a statement in the &rescribed form settin) out the descri&tion of the )oods which by reason of the fact that they ha#e not been remo#ed from the station within a &eriod of se#en days from the termination of transit thereof are liable to be sold, in accordance with the &ro#ision, of sub,section (1) of section 95 by &ublic auction and the dates on which they would be so sold' (ro#ided that different statements may be so e*hibited in res&ect of )oods &ro&osed to be sold on different dates. (2) If the )oods s&ecified in any statement to be e*hibited under sub,section (/) include

essential commodities, the railway ser#ant &re&arin) the statement shall, as soon as 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 in this behalf. (b) the re&resentati#e of the 4tate "o#ernment nominated by that "o#ernment in this behalf. and (c) the ?istrict :a)istrate within the local limits of whose <urisdiction the railway station is situated. 34. Dis(osal of .nremo2ed *oods at notified stations .,(1) If any )oods entrusted for carria)e to any notified station by a train intended solely for the carria)e of )oods are not remo#ed from such station by a &erson entitled to do so within a &eriod of se#en days after the termination of transit thereof at such station, the railway administration may, sub<ect to the &ro#isions of sub,section (2), sell 208 such )oods by &ublic auction and a&art from e*hibitin), in accordance with the &ro#isions of sub,section (/) of section 89, a statement containin) a descri&tion of such )oods, it shall not be necessary to )i#e any notice of such &ublic auction, but the date on which such auction may be held under this sub,section may be notified in one or more local news&a&ers, or where there are no such news&a&ers, in such manner as may be &rescribed' (ro#ided that if at any time before the sale of such )oods under this sub,section, the &erson entitled thereto &ays the frei)ht and other char)es and the e*&enses due in res&ect thereof to the railway administration, he shall be allowed to remo#e such )oods. (2) If any )oods which may be sold by &ublic auction under sub, section (1) at a notified station, bein) essential commodities, are re+uired by the !entral "o#ernment or the 4tate "o#ernment for its own use or if the !entral "o#ernment or such 4tate "o#ernment considers that it is necessary for securin) the a#ailability of all or any such essential commodities at fair &rices so to do, it may, by order in writin), direct the railway ser#ant in,char)e of such auction to transfer such )oods to it or to such a)ency, co,o&erati#e society or other &erson (bein) an a)ency, co,o&erati#e society or other &erson sub<ect to the control of the "o#ernment) en)a)ed in the business of sellin) such essential commodities as may be s&ecified in the direction. (/) 8#ery direction issued under sub,section (2) in res&ect of any essential commodity shall be bindin) on the railway ser#ant to whom it is issued and the railway administration and it shall be a sufficient defence a)ainst any claim by the &erson entitled to the )oods that such essential commodities ha#e been transferred in com&liance with such direction' (ro#ided that,, (a) such direction shall not be bindin) on such railway ser#ant or the railway administration,, (i) if it has not been recei#ed by the railway ser#ant sufficiently in time to enable him to &re#ent the sale of the essential commodities to which it relates. or (ii) if before the time a&&ointed for such sale, the &erson entitled to such )oods &ays the frei)ht and other char)es and the e*&enses due in res&ect thereof and claims that he be allowed to remo#e the )oods. or (iii) if the &rice &ayable for such )oods (as estimated by the !entral "o#ernment or, as the case may be, the 4tate "o#ernment) is not credited to the railway administration in the &rescribed manner and the railway administration is not indemnified a)ainst any additional amount which it may become liable to &ay towards the &rice by reason of the &rice not ha#in) been com&uted in accordance with the &ro#isions of sub,section (2). 209 (b) where directions are

issued in res&ect of the same )oods both by the !entral "o#ernment and the 4tate "o#ernment, the directions recei#ed earlier shall &re#ail. (2) The &rice &ayable for any essential commodity transferred in com&liance with a direction issued under sub,section (2) shall be the &rice calculated in accordance with the &ro#isions of sub,section (/) of section / of the 8ssential !ommodities Act, 1911 (15 of 1911). (ro#ided that,, (a) in the case of any essential commodity bein) a food, stuff in res&ect whereof a notification issued under sub,section (/A) of section / of the 8ssential !ommodities Act, 1911 (15 of 1911) 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 clauses (iii) and (i#) of that sub, section. (b) in the case of an essential commodity bein) any )rade or #ariety of food)rains, edible oil,seeds or edible oils in res&ect wereof no notification issued under sub,section (/A) of section / of the 8ssential !ommodities Act, 1911 (15 of 1911), 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 sub,section (/E) of that section. (c) in the case of an essential commodity bein) any 9ind of su)ar in res&ect whereof no notification issued under sub,section (/A) of section / of the 8ssential !ommodities Act, 1911 (15 of 1911), is in force in the locality in which the notified station is situated, the &rice &ayable shall, if such su)ar has been boo9ed by them &roducer to himself, be calculated in accordance with the &ro#isions of sub,section (/!) of that section. 8*&lanation.,,Aor the &ur&oses of this clause, the e*&ressions -&roducer- and -su)ar- shall ha#e the meanin)s a si)ned to these e*&ressions in the 8*&lanation to sub,section (/!) of section /, and clause (e) of section 2 of the 8ssential !ommodities Act, 1911 (15 of 1911), res&ecti#ely. 31. Price to 1e (aid to (erson entitled after ded.ctin* d.es .,(1) $ut of the &roceeds of any sale of )oods under sub,section (1) of section 95 or the &rice &ayable therefor under sub,section (2) of that section, the railway administration may retain a sum e+ual to the frei)ht and other char)es due in res&ect of such )oods and the e*&enses incurred in res&ect of the )oods and the auction thereof and render the sur&lus, if any, to the &erson entitled thereto. (2) 7otwithstandin) anythin) contained in sub,section (1), the railway administration may reco#er by suit any such frei)ht or char)e or e*&enses referred to therein or balance thereof. (/) Any )oods sold under sub,section (1) of section 95 or transferred in com&liance with the directions issued under sub,section (2) of that section shall #est in the buyer or the transferee free from all encumbrances but sub<ect to a &riority bein) )i#en for the sum which may be retained by a railway administration under sub, section (1), the &erson in whose fa#our such encumbrance subsits may ha#e a claim in res&ect of such encumbrance a)ainst the sur&lus, if any, referred to in that sub,section. 285 3:. Po%er to ma9e r.les in res(ect of matters in this Cha(ter ., (1) The !entral "o#ernment may, by notification, ma9e rules to carry out the &ur&oses of this !ha&ter. (2) In &articular, and without &re<udice to the )enerality of the fore)oin) &ower, such rules may &ro#ide for all or any of the followin) matters, namely',, (a) the factors to which the !entral "o#ernment shall ha#e re)ard

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

CHAPTER <I RESP"NSI>ILITIES ADMINISTRATI"NS AS CARRIERS

"+

RAIL!AY

3#. )eneral res(onsi1ilit& of a rail%a& administration as carrier of )oods., 4a#e as otherwise &ro#ided in this Act, a railway administration shall be res&onsible for the loss, destruction, dama)e or deterioration in transit, or non, deli#ery of any consi)nment, arisin) from any cause e*ce&t the followin), namely',, (a) act of "od. (b) act of war. (c) act of &ublic enemies. (d) arrest, restraint or sei%ure under le)al &rocess. (e) orders or restrictions im&osed by the !entral "o#ernment or a 4tate "o#ernment or by an officer or authority subordinate to the !entral "o#ernment or a 4tate "o#ernment authorised by it in this behalf. (f) act or omission or ne)li)ence of the consi)nor or the consi)nee or the endorsee or the a)ent or ser#ant of the consi)nor or the consi)nee or the endorsee. ()) natural deterioration or wasta)e in bul9 or wei)ht due to inherent defect, +uality or #ice of the )oods. (h) latent defects. (i) fire, e*&losion or any unforeseen ris9' (ro#ided that e#en where such loss, destruction, dama)e, deterioration or non,deli#ery is &ro#ed to ha#e arisen from any one or more of the aforesaid causes, the railway administration shall not be relie#ed of its res&onsibility for the loss, destruction, dama)e, deterioration or 281 non,deli#ery unless the railway administration further &ro#es that it has used reasonable foresi)ht and care in the carria)e of the )oods. 3'. )oods to 1e loaded or deli2ered at a sidin* not belon)in) to a railway administration.,(1) >here )oods are re+uired to be loaded at a sidin) not belon)in) to a railway administration for carria)e by railway, the railway administration shall not be res&onsible for any loss, destruction, dama)e or deterioration of such )oods from whate#er cause arisin), until the wa)on containin) the )oods has been &laced at the s&ecified &oint of interchan)e of wa)ons between the sidin) and the railway administration and a railway ser#ant authorised in this behalf has been informed in writin) accordin)ly by the owner of the sidin). (2) >here any consi)nment is re+uired to be deli#ered by a railway administration at a sidin) not belon)in) to a railway administration, the railway administration shall not be res&onsible for any loss, destruction, dama)e or deterioration or non,deli#ery of such consi)nment from whate#er cause arisin) after the wa)on containin) the consi)nment has been &laced at the s&ecified &oint of interchan)e of wa)ons between the railway and the sidin) and the owner

of the sidin) has been informed in writin) accordin)ly by a railway by a railway ser#ant authorised in this behalf. 3,. Dela& or retention in transit .,A railway administration shall not be res&onsible for the loss, destruction, dama)e or deterioration of any consi)nment &ro#ed by the owner to ha#e been caused by the delay or detention in their carria)e if the railway administration &ro#es that the delay or detention arose for reasons beyond its control or without ne)li)ence or misconduct on its &art or on the &art of any of its ser#ants. 3-. Traffic (assin* o2er rail%a&s in India and rail%a&s in forei*n co.ntries ., >here in the course of carria)e of any consi)nment 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 to another &lace in India o#er any territory outside India, it is carried o#er the railways of any railway administration in India, the railway administration shall not be res&onsible under any of the &ro#isions of this !ha&ter for the loss, destruction, dama)e 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, dama)e or deterioration arose o#er the railway of the railway administration. 3/. )oods carried at o%nerAs ris9 rate ., 7otwithstandin) anythin) contained in section 9/, a railway administration shall not be res&onsible for any loss, destruction, dama)e, deterioration or non, deli#ery in transit, of any consi)nment carried at ownerCs ris9 rate, from whate#er cause arisin), e*ce&t u&on &roof, that such loss, destruction, dama)e, deterioration or non,deli#ery was due to ne)li)ence or misconduct on its &art or on the &art of any of its ser#ants' (ro#ided that,, (a) where the whole of such consi)nment or the whole of any &ac9a)e formin) &art of such consi)nment is not deli#ered to the consi)nee or the endorsee and such non,deli#ery is not &ro#ed by the railway administration to ha#e been due to fire or to any accident to the train. or 282 (b) where in res&ect of any such consi)nment or of any &ac9a)e formin) &art of such consi)nment which had been so co#ered or &rotected that the co#erin) or &rotection was not readily remo#able by hand, it is &ointed out to the railway administration on or before deli#ery that any &art of that consi)nment or &ac9a)e had been &ilfered in transit, the railway administration shall be bound to disclose to the consi)nor, the consi)nee or the endorsee how the consi)nment or the &ac9a)e was dealt with throu)hout the time it was in its &ossession or control, but if ne)li)ence or misconduct 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) such ne)li)ence or misconduct shall lie on the consi)nor, the consi)nee or the endorsee. 30. )oods in defecti2e condition or defecti2el& (ac9ed ., (1) 7otwithstandin) anythin) contained in the fore)oin) &ro#isions of this !ha&ter, when any )oods entrusted to a railway administration for carria)e,, (a) are in a defecti#e condition as a conse+uence of which they are liable to dama)e, deterioration, lea9a)e or

wasta)e. or (b) are either defecti#ely &ac9ed or not &ac9ed in such manner as may be &rescribed and as a result of such defecti#e or im&ro&er &ac9in) are liable to dama)e, deterioration, lea9a)e or wasta)e, and the fact of such condition or defecti#e or im&ro&er &ac9in) has been recorded by the consi)nor or his a)ent in the forwardin) note, the railway administration shall not be res&onsible for any dama)e, deterioration, lea9a)e or wasta)e or for the condition in which such )oods are a#ailable for deli#ery at destination' (ro#ided that the railway administration shall be res&onsible for any such dama)e, deterioration, lea9a)e or wasta)e or for the condition in which such )oods are a#ailable for deli#ery at destination if ne)li)ence or misconduct on the &art of the railway administration or of any of its ser#ants is &ro#ed. (2) >hen any )oods entrusted to a railway administration for carria)e are found on arri#al at the destination station to ha#e been dama)ed or to ha#e suffered deterioration, lea9a)e or wasta)e, the railway administration shall not be res&onsible for the dama)e, deterioration, lea9a)e or wasta)e of the )oods on &roof by railway administration,,, (a) that the )oods were, at the time of entrustment to the railway administration, in a defecti#e condition, or were at that time either defecti#ely &ac9ed or not &ac9ed in such manner as may be &rescribed and as a result of which were liable to dama)e, deterioration, lea9a)e or wasta)e. and (b) that such defecti#e condition or defecti#e or im&ro&er &ac9in) was not brou)ht to the notice of the railway administration or any of its ser#ants at the time of entrustment of the )oods to the railway administration for carria)e by railway' 28/ (ro#ided that the railway administration shall be res&onsible for any such dama)e, deterioration, lea9a)e or wasta)e if ne)li)ence or misconduct on the &art of the railway administration or of any of its ser#ants is &ro#ed. 33. Res(onsi1ilit& of a rail%a& administration after termination of transit ., (1) A railway administration shall be res&onsible as a bailee under sections 111, 112 and 131 of the Indian !ontract Act, 1802 (9 of 1802), for the loss, destruction, dama)e, deterioration or non,deli#ery of any consi)nment u& to a &eriod of se#en days after the termination of transit' (ro#ided that where the consi)nment is at ownerCs ris9 rate, the railway administration shall not be res&onsible as a bailee for such loss, destruction, dama)e, deterioration or non, deli#ery e*ce&t on &roof of ne)li)ence or misconduct on the &art of the railway administration or of any of its ser#ants. (2) The railway administration shall not be res&onsible in any case for the loss, destruction, dama)e, deterioration or non, deli#ery of any consi)nment arisin) after the e*&iry of a &eriod of se#en days after the termination of transit. (/) 7otwithstandin) anythin) contained in the fore)oin) &ro#isions of this section, a railway administration shall not be res&onsible for the loss, destruction, dama)e, deterioration or non, deli#ery of &erishable )oods, animals, e*&losi#es and such dan)erous or other )oods as may be &rescribed, after the termination of transit. (2) 7othin) in the fore)oin) &ro#isions of this section shall affect the liability of any &erson to &ay any demurra)e or wharfa)e, as the case may be, for so lon) as the consi)nment is not unloaded from the railway wa)ons or remo#ed from the railway &remises.

144. Res(onsi1ilit& as carrier of l.**a*e. A railway administration shall not be res&onsible for the loss, destruction, dama)e, deterioration or non,deli#ery of any lu))a)e unless a railway ser#ant has boo9ed the lu))a)e and )i#en a recei&t therefor and in the case of lu))a)e which is carried by the &assen)er in his char)e, unless it is also &ro#ed that the loss, destruction, dama)e or deterioration was due to the ne)li)ence or misconduct on its &art or on the &art of any of its ser#ants. 141. Res(onsi1ilit& as a carrier of animals ., A railway administration shall not be res&onsible for any loss or destruction of, or in<uries to, any animal carried by railway arisin) from frei)ht or resti#eness of the animal or from o#erloadin) of wa)ons by the consi)nor. 14:. E8oneration from lia1ilit& in certain cases .,7otwithstandin) anythin) contained in the fore)oin) &ro#isions of this !ha&ter, a railway administration shall not be res&onsible for the loss, destruction, dama)e, deterioration or non, deli#ery of any consi)nment,,, (a) when such loss, destruction, dama)e, deterioration or non,deli#ery is due to the fact that a materially false descri&tion of the consi)nment is )i#en in the statement deli#ered under sub,section (1) of section 33. or 282 (b) where a fraud has been &ractised by the consi)nor or the consi)nee or the endorsee or by an a)ent of the consi)nor, consi)nee or the endorsee. or (c) where it is &ro#ed by the railway administration to ha#e been caused by, or to ha#e arisen from,, (i) im&ro&er loadin) or unloadin) by the consi)nor or the consi)nee or the endorsee or by an a)ent of the consi)nor, consi)nee or the endorsee. (ii) riot, ci#il commotion, stri9e, loc9,out, sto&&a)e or restraint of labour from whate#er cause arisin) whether &artial or )eneral. or (d) for any indirect or conse+uential loss or dama)e or for loss of &articular mar9et. 14#. E8tent of monetar& lia1ilit& in res(ect of an& consi*nment ., (1) >here any consi)nment is entrusted to a railway administration for carria)e by railway and the #alue of such consi)nment has not been declared as re+uired under sub, section (2) by the consi)nor, the amount of liability of the railway administration for the loss, destruction, dama)e, deterioration or non,deli#ery of the consi)nment shall in no case e*ceed such amount calculated with reference to the wei)ht of the consi)nment as may be &rescribed, and where such consi)nment consists of an animal, the liability shall not e*ceed such amount as may be &rescribed. (2) 7otwithstandin) anythin) contained in sub,section (1), where the consi)nor declares the #alue of any consi)nment at the time of its entrustment to a railway administration for carria)e by railway, and &ays such &ercenta)e char)e as may be &rescribed on so much of the #alue of such consi)nment as is in e*cess of the liability of the railway administration as calculated or s&ecified, as the case may be, under sub,section (1), the liability of the railway administration for the loss, destruction, dama)e, deterioration or non, deli#ery of such consi)nment shall not e*ceed the #alue so declared. (/) The !entral "o#ernment may, from time to time, by notification, direct that such )oods as may be s&ecified in the notification shall not be acce&ted for carria)e

by railway unless the #alue of such )oods is declared and &ercenta)e char)e is &aid as re+uired under sub,section (2). 14'. E8tent of lia1ilit& in res(ect of *oods carried in o(en %a*on ., >here any )oods, which, under ordinary circumstances, would be carried in co#ered wa)on and would be liable to dama)e, if carried otherwise, are with the consent of the consi)nor, recorded in the forwardin) note, carried in o&en wa)on, the res&onsibility of railway administration for destruction, dama)e or deterioration which may arise only by reason of the )oods bein) so carried, shall be one,half of the amount of liability for such destruction, dama)e or deterioration determined under this !ha&ter. 281 14,. Ri*ht of rail%a& administration to chec9 contents of certain consi)nment or lu))a)e., >here the #alue has been declared under section 15/ in res&ect of any consi)nment a railway administration may ma9e it a condition of carryin) such consi)nment that a railway ser#ant authorised by it in this behalf has been satisfied by e*amination or otherwise that the consi)nment tendered for carria)e contain the articles declared. 14-. Notice of claim for com(ensation and ref.nd of o2erchar*e ., (1) A &erson shall not be entitled to claim com&ensation a)ainst a railway administration for the loss, destruction, dama)e, deterioration or non,deli#ery of )oods carried by railway, unless a notice thereof is ser#ed by him or on his behalf,,, (a) to the railway administration to which the )oods are entrusted for carria)e. or (b) to the railway administration on whose railway the destination station lies, or the loss, destruction, dama)e or deterioration occurs, within a &eriod of si* months from the date of entrustment of the )oods. (2) Any information demanded or en+uiry made in writin) from, or any com&laint made in writin) to, any of the railway administrations mentioned in sub,section (1) by or on behalf of the &erson within the said &eriod of si* months re)ardin) the non, deli#ery or delayed deli#ery of the )oods with &articulars sufficient to identify the )oods shall, for the &ur&ose of this section, be deemed to be a notice of claim for com&ensation. (/) A &erson shall not be entitled to a refund of an o#erchar)e in res&ect of )oods carried by railway unless a notice therefor has been ser#ed by him or on his behalf to the railway administration to which the o#erchar)e has been &aid within si* months from the date of such &ayment or the date of deli#ery of 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, dama)e, deterioration or non,deli#ery of )oods shall be filed a)ainst the railway administration on whom a notice under section 153 has been ser#ed. 140. Person entitled to claim com(ensation. (1) If a railway administration &ays com&ensation for the loss, destruction, dama)e, deterioration or non, deli#ery of )oods entrusted to it for carria)e, to the consi)nee or the endorsee &roducin) the railway recei&t, the railway administration shall be deemed to ha#e

dischar)ed its liability and no a&&lication before the !laims Tribunal or any other le)al &roceedin) shall lie a)ainst the railway administration on the )round that the consi)nee or the endorsee was not le)ally entitled to recei#e such com&ensation. (2) 7othin) in sub,section (1) shall affect the ri)ht of any &erson ha#in) any interest in the )oods to enforce the same a)ainst the consi)nee or the 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 1e filed .,An a&&lication before the !laims Tribunal for com&ensation for the loss of life or &ersonal in<ury to a &assen)er, may be instituted a)ainst,,, (a) the railway administration from which the &assen)er obtained his &ass or &urchased his tic9et, or (b) the railway administration on whose railway the destination station lies or the loss or &ersonal in<ury occurred. 114. >.rden of (roof. In an a&&lication before the !laims Tribunal for com&ensation for loss, destruction, dama)e, deterioration or non,deli#ery of any )oods, the burden of &ro#in),, (a) the monetary loss actually sustained. or (b) where the #alue has been declared under sub,section (2) of section 15/ in res&ect of any consi)nment that the #alue so declared is its true #alue, shall lie on the &erson claimin) com&ensation, but sub<ect to the other &ro#isions contained in this Act, it shall not be necessary for him to &ro#e how the loss, destruction, dama)e, deterioration or non,deli#ery was caused. 111. E8tent of lia1ilit& of rail%a& administration in res(ect of accidents at sea.,(1) >hen a railway administration contracts to carry &assen)ers or )oods &artly by railway and &artly by sea, a condition e*em&tin) the railway administration from res&onsibility for any loss of life, &ersonal in<ury or loss of or dama)e to )oods which may ha&&en durin) the carria)e by sea from act of "od, &ublic enemies, fire, accidents from machinery, boilers and steam and all and e#ery other dan)ers and accidents of the seas, ri#ers and na#i)ation of whate#er nature and 9ind shall, without bein) e*&ressed, be deemed to be &art of the contract, and, sub<ect to that condition, the railway administration shall, irres&ecti#e of the nationality or ownershi& of the shi& used for the carria)e by sea, be res&onsible for any loss of life, &ersonal in<ury or loss of or dama)e to )oods which may ha&&en durin) the carria)e by sea, to the e*tent to which it would be res&onsible under the :erchant 4hi&&in) Act, 1918 (22 of 1918), if the shi&s were re)istered under that Act and the railway administration were owner of the shi& and not to any )reater e*tent. (2) The burden of &ro#in) that any such loss, in<ury or dama)e as is mentioned in sub,section (1) ha&&ened durin) the carria)e by sea shall lie on the railway administration. 11:. Po%er to ma9e r.les in res(ect of matters in this Cha(ter ., (1) The !entral "o#ernment may, by notification, ma9e rules to carry out the &ur&oses of this !ha&ter. (2) In &articular, and without &re<udice to the )enerality of the fore)oin) &ower, such rules may &ro#ide for all or any of the followin) matters, namely',, (a) the manner of &ac9in) of )oods entrusted to a railway administration under clause (b) of sub,section (1) of section 98. (b) the )oods for

the &ur&oses of sub,section (/) of section 99. and 280 (c) the ma*imum amount &ayable by the railway administration for the loss, destruction, dama)e, deterioration or non,deli#ery of any consi)nment under sub,section (1) of section 15/.

CHAPTER <II ACCIDENTS


11#. Notice of rail%a& accident ., (1) >here, in the course of wor9in) a railway,,, (a) any accident attended with loss of any human life, or with )rie#ous hurt, as defined in the Indian (enal !ode (21 of 1835), or with such serious in<ury to &ro&erty as may be &rescribed. or (b) any collision between trains of which one is a train carryin) &assen)ers. or (c) the derailment of any train carryin) &assen)ers, or of any &art of such train. or (d) any accident of a descri&tion usually attended with loss of human life or with such )rie#ous hurt as aforesaid or with serious in<ury to &ro&erty. or (e) any accident of any other descri&tion which the !entral "o#ernment may notify in this behalf in the $fficial "a%ette, occurs, the station master of the station nearest to the &lace at which the accident occurs or where there is no station master, the railway ser#ant in char)e of the section of the railway on which the accident occurs, shall, without delay, )i#e notice of the accident to the ?istrict :a)istrate and 4u&erintendent of (olice, within whose <urisdiction the accident occurs, the officer in char)e of the &olice station within the local limits of which the accident occurs and to such other :a)istrate or &olice officer as may be a&&ointed in this behalf by the !entral "o#ernment. (2) The railway administration within whose <urisdiction the accident occurs, as also the railway administration to whom the train in#ol#ed in the accident belon)s, shall without delay, )i#e notice of the accident to the 4tate "o#ernment and the !ommissioner ha#in) <urisdiction o#er the &lace of the accident. 11'. In@.ir& 1& Commissioner., (1) $n the recei&t of a notice under section 11/ of the occurrence of an accident to a train carryin) &assen)ers resultin) in loss of human life or )rie#ous hurt causin) total or &artial disablement of &ermanent nature to a &assen)er or serious dama)e to railway &ro&erty, the !ommissioner shall, as soon as may be, notify the railway administration in whose <urisdiction the accident occurred of his intention to hold an in+uiry into the causes that led to the accident and shall at the same time fi* and communicate the date, time and &lace of in+uiry' (ro#ided that it shall be o&en to the !ommissioner to hold an in+uiry into any other accident which, in his o&inion, re+uires the holdin) of such an in+uiry. (2) If for any reason, the !ommissioner is not able to hold an in+uiry as soon as may be after the occurrence of the accident, he shall notify the railway administration accordin)ly. 288 11,. In@.ir& 1& rail%a& administration. >here no in+uiry is held by the !ommissioner under sub,section (1) of section 112 or where the !ommissioner has informed the railway administration under sub,section (2) of that section that he is not able to hold an in+uiry, the railway administration within whose <urisdiction the accident occurs, shall cause an in+uiry to be made in accordance with the &rescribed &rocedure. 11-. Po%ers of Commissioner in relation to in@.iries .,(1) Aor the &ur&ose of conductin) an in+uiry under this !ha&ter into the causes of any accident on a railway, the !ommissioner shall, in addition to the &owers s&ecified in section 0,

ha#e the &owers as are #ested in a ci#il court while tryin) a suit under the !ode of !i#il (rocedure, 1958 (1 of 1958), in res&ect of the followin) matters, namely',, (a) summonin) and enforcin) the attendance of &ersons and e*aminin) them on oath. (b) re+uirin) the disco#ery and &roduction of documents. (c) recei#in) e#idence on affida#its. (d) re+uisitionin) any &ublic record or co&ies thereof from any 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 to be a !i#il !ourt for the &ur&oses of section 191 and !ha&ter BB6I of the !ode of !riminal (rocedure, 190/ (2 of 1902), 11/. Statement made 1efore Commissioner ., 7o statement made by a &erson in the course of )i#in) e#idence in an in+uiry before the !ommissioner shall sub<ect him to, or be used a)ainst him in, any ci#il or criminal &roceedin), e*ce&t a &rosecution for )i#in) false e#idence by such statement' (ro#ided that the statement is,, (a) made in re&ly to a +uestion which is re+uired by the !ommissioner to answer. or (b) rele#ant to the sub<ect,matter of the in+uiry. 110. Proced.re; etc. Any railway administration or the !ommissioner conductin) an in+uiry under this !ha&ter may send notice of the in+uiry to such &ersons, follow such &rocedure, and &re&are the re&ort in such manner as may be &rescribed. 113. No in@.ir&; in2esti*ation; etc.; to 1e made if the Commission of In@.ir& is a((ointed.,7otwithstandin) anythin) contained in the fore)oin) &ro#isions of this !ha&ter, where a !ommission of In+uiry is a&&ointed under the !ommissions of In+uiry Act, 1912 (/ of 1912), to in+uire into an accident, any in+uiry, in#esti)ation or other &roceedin) &endin) in relation to that accident shall not be &roceeded with, and all records or other documents relatin) to such in+uiry shall be forwarded to such authority as may be s&ecified by the !entral "o#ernment in this behalf. 289 1:4. In@.ir& into accident not co2ered 1& section 11# ., >here any accident of the nature not s&ecified in section 11/ occurs in the course of wor9in) a railway, the railway administration within whose <urisdiction the accident occurs, may cause such in+uiry to be made into the causes of the accident, as may be &rescribed. 1:1. Ret.rns., 8#ery railway administration shall send to the !entral "o#ernment, a return of accidents occurrin) on its railway, whether attended with in<ury to any &erson or not, in such form and manner and at such inter#als as may be &rescribed. 1::. Po%er to ma9e r.les in res(ect of matters in this Cha(ter ., (1) The !entral "o#ernment may, by notification, ma9e rules to carry out the &ur&oses of this !ha&ter. (2) In &articular, and without &re<udice to the )enerality of the fore)oin) &ower, such rules may &ro#ide for all or any of the followin) matters, namely',, (a) the in<ury to &ro&erty which shall be considered serious under

clause (a) of sub,section (1) of section 11/. (b) the forms of notice of accidents to be )i#en under section 11/ and the &articulars of the accident such notices shall contain. (c) the manner of sendin) the notices of accidents, includin) the class of accidents to be sent immediately after the accident. (d) the duties of the !ommissioner, railway administration, railway ser#ants, &olice officers and :a)istrates 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 be followed 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 the causes of an accident under section 125. ()) the form and manner of sendin) a return of accidents by a railway administration under section 121.

CHAPTER <III LIA>ILITY "+ RAIL!AY ADMINISTRATI"N +"R DEATH 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 122. (b) -de&endant- means any of the followin) relati#es of a deceased &assen)er, namely',, (i) the wife, husband, son and dau)hter, and in case the deceased &assen)er is unmarried or is a minor, his &arent. (ii) the &arent, minor brother or unmarried sister, widowed sister, widowed dau)hter,in,law and a minor child of a &re, 295 deceased son, if de&endant wholly or &artly on the deceased &assen)er. (iii) a minor child of a &re,deceased dau)hter, if wholly de&endant on the deceased &assen)er. (i#) the &aternal )rand &arent wholly de&endant on the deceased &assen)er. 1 F(c) -untowrd incident- means,, (1) (i) the commission of a trrorist act within the meanin) of sub,section (1) of section (/) of the Terrorist and ?istru&ti#e Acti#ite ((re#ention) Act, 1980. or (ii) the ma9in) of a #iolent attac9 or the commission of robbery or dacoity. or (iii) the indul)in) in riotin), shoot,out or arson, by any &erson in or on any train carryin) &assen)ers, or in a waitin) hall, cloa9 room or reser#ation or boo9in) office or on any &latform or in any other &lace within the &recincts of a railway station. or (2) the accidental fallin) of any &assen)er from a train carryin) &assen)ers.G 1:'. E8tent of lia1ilit&. , >hen in the course of wor9in) a railway, an accident occurs, bein) either a collision between trains of which one is a train carryin) &assen)ers or the derailment of or other accident to a train or any &art of a train carryin) &assen)ers, then whether or not there has been any wron)ful act, ne)lect or default on the &art of the railway administration such as would entitle a &assen)er who has been in<ured or has suffered a loss to maintain an action and reco#er dama)es in res&ect thereof, the railway administration shall, notwithstandin) anythin) contained in any other law, be liable to &ay com&ensation to such e*tent as may be &rescribed and to that e*tent only for loss occasioned by the death of a &assen)er dyin) as a result of such accident, and for &ersonal in<ury and loss, destruction, dama)e or deterioration of )oods owned by the &assen)er and accom&anyin) him in his com&artment or on the train, sustained as a result of such accident. 8*&lanation.,,Aor the &ur&oses of this section -&assen)er- includes a railway ser#ant on duty. 2 F122A. >hen in the

course of wor9in) a railway an untoward incident acccurs, then whether or not there has been any wron)ful act, ne)laect or default on the &art of the railway administration such as would entitle a &assen)er who has been in<ured or the de&artment of a &assen)er who has been 9illed to maintain an action and reco#er dama)es in res&ect thereof, the the railway administation shall. notwithstandin) anythin) contained in any other law, be liable to &ay com&ensaation to such e*tent as may be &rescribed and to that e*tent only of loss occassioned by the death of, or in<ury to, a &assen)er as a result of such untoward incident' (ro#ided that no com&ensation shall be &ayble under this section by the railway administration if the &assen)er dies or suffers in<ury due to, (a) suicide or attem&ted suicide by him. (b) self,infficented in<ury. (c) his own criminal act. (d) any act aommitted by him in a state of into*ication or insanity. (e) any natural cause or desese or medical or sur)ical treatment unless such treatment becomes necessary due to in<ury caused by the said untoward incident. 8*&lanation., Aor the &ur&ose of this section, -&assen)er- includes, (i) a railway ser#ent on duty. and (ii) a &erson who has &urchased a #alid tic9et for tra#ellin), by a train carryin) &assen)ers, on any date or a #alid &latform tic9et and becomes a #ictim of an untword incident.G 1:,. A((lication for com(ensation. (1) An a&&lication for com&ensation under section 122 / For section 122AG may be made to the !laims Tribunal,, (a) by the &erson who has sustained the in<ury or suffered any loss, or (b) by any a)ent duly authorised by such &erson in this behalf, or (c) where such &erson is a minor, by his )uardian, or (d) where death has resulted from the accident, / For the untoword incidentG by any de&endant of the deceased or where such a de&endant is a minor, by his )uardian. (2) 8#ery a&&lication by a de&endant for com&ensation under this section shall be for the benefit of e#ery other de&endant. 1:-. Interim relief 1& rail%a& administration .,(1) >here a &erson who has made an a&&lication for com&ensation under section 121 desires to be &aid interim relief, he may a&&ly to the railway administration for &ayment of interim relief alon) with a co&y of the a&&lication made under that section. (2) >here, on the recei&t of an a&&lication made under sub, section (1) and after ma9in) such in+uiry as it may deem fit, the railway administration is satisfied that circumstances e*ist which re+uire relief to be afforded to the a&&licant immediately, it may, &endin) determination by the !laims Tribunal of the actual amount of com&ensation &ayable under section 122 / For section 122G &ay to any &erson who has sustained the in<ury or suffered any loss, or where death has resulted from the accident, to any de&endant of the deceased, such sum as it considers ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1. Ins. by Act 28 of 1992, s. 2 (w.e.f. 1,8,1992). 2. Ins. by s. /, ibid. (w.e.f. 1,8,1992. /. Ins. by s. 2, ibid. (w.e.f. 1,8,1992. 291 reasonable for affordin) such relief, so howe#er, that the sum &aid shall not e*ceed the amount of com&ensation &ayable at such rates as may be &rescribed. (/) The railway administration shall, as soon as may be, after ma9in) an order re)ardin) &ayment of interim relief under sub,section (2), send a co&y thereof to the !laims Tribunal. (2) Any sum &aid by the railway

administration under sub,section (2) shall be ta9en into account by the !laims Tribunal 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<ect to such rules as may be made, the rates of com&ensation &ayable in res&ect of any in<ury shall be determined by the !laims Tribunal. (2) The com&ensation &ayable in res&ect of any loss of )oods shall be such as the !laims Tribunal may, ha#in) re)ard to the circumstances of the case, determine to be reasonable. 1:0. Sa2in* as to certain ri*hts. (1) The ri)ht of any &erson to claim com&ensation under section 122 1 For section 122AG shall not affect the ri)ht of any such &erson to reco#er com&ensation &ayable under the >or9menCs !om&ensation Act, 192/ (8 of 192/), or any other law for the time bein) in force. but no &erson shall be entitled to claim com&ensation more than once in res&ect of the same accident. (2) 7othin) in sub,section (1) shall affect the ri)ht of any &erson to claim com&ensation &ayable under any contract or scheme &ro#idin) for &ayment of com&ensation for death or &ersonal in<ury or for dama)e to &ro&erty or any sum &ayable under any &olicy of insurance. 1:3. Po%er to ma9e r.les in res(ect of matters in this Cha(ter. (1) The !entral "o#ernment may, by notification, ma9e rules to carry out the &ur&oses of this !ha&ter. (2) In &articular, and without &re<udice to the )enerality of the fore)oin) &ower, such rules may &ro#ide for all or any of the followin) matters, namely',, (a) the com&ensation &ayable for death. (b) the nature of the in<uries for which com&ensation shall be &aid and the amount of such com&ensation.

CHAPTER <I5 RE)6LATI"N "+ H"6RS "+ !"R7 AND PERI"D "+ REST
1#4. Definitions., In this !ha&ter, unless the conte*t otherwise re+uires,,, (a) the em&loyment of a railway ser#ant is said to be -continuous- e*ce&t when it is e*cluded or has been declared to be essentially intermittent or intensi#e. (b) the em&loyment of a railway ser#ant is said to be -essentially intermittent- when it has been declared to be so by the &res, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1. Ins. by Act 28 of 1992, s. 3 (w.e.f 1,8,1992). 292 cribed authority on the )round that the daily hours of duty of the railway ser#ant normally include &eriods of inaction a))re)atin) to fifty &er cent. or more (includin) at least one such &eriod of not less than one hour or two such &eriods of not less than half an hour each) in a tour of twel#e hours duty (on the a#era)e o#er se#enty,two consecuti#e hours), durin) which the railway ser#ant may be on duty, but is not called u&on to dis&lay either &hysical acti#ity or sustained attention. (c) the em&loyment of a railway ser#ant is said to be -e*cluded-, if he belon)s to any one of the followin) cate)ories, namely',, (i) railway ser#ants em&loyed in a mana)erial or confidential ca&acity. (ii) armed

)uards or other &ersonnel sub<ect to disci&line similar to that of any of the armed &olice forces. (iii) staff of the railway schools im&artin) technical trainin) or academic education. (i#) such staff as may be s&ecified as su&er#isory under the rules. (#) such other cate)ories of staff as may be &rescribed. (d) the em&loyment of a railway ser#ant is said to be -intensi#e- when it has been declared to be so by the &rescribed authority on the )round that it is of a strenuous nature in#ol#in) continued concentration or hard manual labour with little or no &eriod of rela*ation. 1#1. Cha(ter not to a((l& to certain rail%a& ser2ants .,7othin) in this !ha&ter shall a&&ly to any railway ser#ant to whom the Aactories Act, 1928 (3/ of 1928.) or the :ines Act 1912 (/1 of 1912) or the Railway (rotection Aorce Act, 1910 (2/ of 1910) or the :erchant 4hi&&in) Act, 1918 (22 of 1918), a&&lies. 1#:. Limitation of ho.rs of %or9. (1) A railway ser#ant whose em&loyment is essentially intermittent shall not be em&loyed for more than se#enty,fi#e hours in any wee9. (2) A railway ser#ant whose em&loyment is continuous shall not be em&loyed for more than fifty,four hours a wee9 on an a#era)e in a two, wee9ly &eriod of fourteen days. (/) A railway ser#ant whose em&loyment is intensi#e shall not be em&loyed for more than forty,fi#e hours a wee9 on an a#era)e in a two, wee9ly &eriod of fourteen days. (2) 4ub<ect to such rules as may be &rescribed, tem&orary e*em&tions of railway ser#ants from the &ro#isions of sub, section (1) or sub,section (2) or sub,section (/) may be made by the &rescribed authority if it is of o&inion that such tem&orary e*em&tions are necessary to a#oid serious interference with the ordinary wor9in) of the railway or in cases of accident, actual or threatened, or when ur)ent wor9 is re+uired to be done to the railway or to rollin) stoc9 or in any emer)ency which 29/ could not ha#e been foreseen or &re#ented, or in other cases of e*ce&tional &ressure of wor9' (ro#ided that where such e*em&tion results in the increase of hours of em&loyment of a railway ser#ant referred to in any of the sub,sections, he shall be &aid o#ertime at not less than two times his ordinary rate of &ay for the e*cess hours of wor9. 1##. )rant of (eriodical rest. (1) 4ub<ect to the &ro#isions of this section, a railway ser#ant,, (a) whose em&loyment is intensi#e or continuous shall, for e#ery wee9 commencin) on a 4unday, be )ranted a rest of not less than thirty consecuti#e hours. (b) whose em&loyment is essentially intermittent shall, for e#ery wee9 commencin) on a 4unday, be )ranted a rest of not less than twenty, four consecuti#e hours includin) a full ni)ht. (2) 7otwithstandin) anythin) contained in sub,section (1),,, (i) any locomoti#e or traffic runnin) staff shall be )ranted, each month, a rest of at least four &eriods of not less than thirty consecuti#e hours each or at least fi#e &eriods of not less than twenty,two consecuti#e hours each, includin) a full ni)ht. (ii) the !entral "o#ernment may, by rules, s&ecify the railway ser#ants to whom &eriods of rest on scales less than those laid down under sub,section (1) may be )ranted and the &eriods thereof. (/) 4ub<ect to such rules as may be made in this behalf, if the &rescribed authority is of the o&inion that such circumstances as are referred to in sub,

section (2) of section 1/2 are &resent, it may e*em&t any railway ser#ant from the &ro#isions of sub,section (1) or clause (i) of sub,section (2)' (ro#ided that a railway 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 fore)one. 1#'. Rail%a& ser2ant to remain on d.t&. 7othin) in this !ha&ter or the rules made thereunder shall, where due &ro#ision has been made for the relief of a railway ser#ant, authorise him to lea#e his duty until he has been relie#ed. 1#,. S.(er2isors of rail%a& la1o.r. (1) 4ub<ect to such rules as may be made in this behalf, the !entral "o#ernment may a&&oint su&er#isors of railway labour. (2) The duties of su&er#isors of railway labour shall be,, (i) to ins&ect railways in order to determine whether the &ro#isions of this !ha&ter or of the rules made thereunder are duly obser#ed. and (ii) to &erform such other functions as may be &rescribed. (/) A su&er#isor of railway labour shall be deemed to be a !ommissioner for the &ur&oses of sections 0 and 9. 292 1#-. Po%er to ma9e r.les in res(ect of matters in this Cha(ter ., (1) The !entral "o#ernment may, by notification, ma9e rules to carry out the &ur&oses of this !ha&ter. (2) In &articular, and without &re<udice to the )enerality of the fore)oin) &ower, such rules may &ro#ide for all or any of the followin) matters, namely',, (a) the authorities who may declare the em&loyment of any railway ser#ant essentially intermittent or intensi#e. (b) the a&&eals a)ainst any such declaration and the manner in which, and the conditions sub<ect to which any such a&&eal may be filed and heard. (c) the cate)ories of staff that may be s&ecified under subclauses (i#) and (#) of clause (c) of section 1/5. (d) the authorities by whom e*em&tions under sub,section (2) of section 1/2 or sub, section (/) of section 1// may be made. (e) the dele)ation of &ower by the authorities referred to in clause (d). (f) the railway ser#ant to whom clause (ii) of sub,section (2) of section 1// a&&ly and the &eriods of rest to be )ranted to them. ()) the a&&ointment of su&er#isors of railway labour and their functions.

CHAPTER <5 PENALTIES AND "++ENCES


1#/. +ra.d.lentl& tra2ellin* or attem(tin* to tra2el %itho.t (ro(er (ass or tic9et., (1) If any &erson, with intent to defraud a railway administration,,, (a) enters or remains in any carria)e on a railway or tra#els in a train in contra#ention of section 11, or (b) uses or attem&ts to use a sin)le &ass or a sin)le tic9et which has already been used on a &re#ious <ourney, or in the case of a return tic9et, a half thereof which has already been so used, he shall be &unishable with im&risonment for a term which may e*tend to si* months, 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 to be mentioned in the <ud)ment of the court, such &unishment shall not be less than a fine of fi#e hundred ru&ees. (2) The &erson referred to in sub,section (1) shall also be liable to &ay the e*cess char)e mentioned in sub,section (/) in addition to the ordinary sin)le fare for the distance which he has tra#elled, or where there is any doubt as

to the station from which he started, the ordinary sin)le fare from the station from which the train ori)inally started, or if the tic9ets of &assen)ers tra#ellin) in the train ha#e been e*amined since the ori)inal startin) of the train, the ordinary sin)le fare from the &lace where the tic9ets were so e*amined or, in case of their ha#in) been e*amined more than once, were last e*amined. 291 (/) The e*cess char)e referred to in sub,section (2) shall be a sum e+ual to the ordinary sin)le fare referred to in that sub,section or fifty ru&ees, whiche#er is more. (2) 7otwithstandin) anythin) contained in section 31 of the Indian (enal !ode (21 of 1935), 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 term which may e*tend to si* months. 1#0. Le2& of e8cess char*e and fare for tra2ellin* %itho.t (ro(er (ass or tic9et or 1e&ond a.thorised distance.,(1) If any &assen)er,,, (a) bein) in or ha#in) ali)hted from a train, fails or refuses to &resent for e*amination or to deli#er u& his &ass or tic9et immediately on a demand bein) made therefor under section 12, or (b) tra#els in a train in contra#ention of the &ro#isions of section 11, he shall be liable to &ay, on the demand of any railway ser#ant authorised in this behalf, the e*cess char)e mentioned in sub,section (/) in addition to the ordinary sin)le fare for the distance which he has tra#elled or, where there is any doubt as to the station from which he started, the ordinary sin)le fare from the station from which the train ori)inally started, or, if the tic9ets of &assen)ers tra#ellin) in the train ha#e been e*amined since the ori)inal startin) of the train, the ordinary sin)le fare from the &lace where the tic9ets were so e*amined or in the case of their ha#in) been e*amined more than once, were last e*amined. (2) If any &assen)er,,, (a) tra#els or attem&ts to tra#el in or on a carria)e, or by a train, of a hi)her class than that for which he has obtained a &ass or &urchased a tic9et. or (b) tra#els in or on a carria)e beyond the &lace authorised by his &ass or tic9et, he shall be liable to &ay, on the demand of any railway ser#ant authorised in this behalf, any difference between the fare &aid by him and the fare &ayable in res&ect of the <ourney he has made and the e*cess char)e referred to in sub, section (/). (/) The e*cess char)e shall be a sum e+ual to the amount &ayable under sub,section (1) or sub,section (2), as the case may be, or fifty ru&ees, whiche#er is more' (ro#ided that if the &assen)er has with him a certificate )ranted under sub,section (2) of section 11, no e*cess char)e shall be &ayable. (2) If any &assen)er liable to &ay the e*cess char)e and the fare mentioned in sub,section (1), or the e*cess char)e and any difference of fare mentioned in sub,section (2), fails or refuses to &ay the same on a demand bein) made therefor under one or other of these sub, sections, as the case may be, any railway ser#ant authorised by the railway administration in this behalf may a&&ly to any :etro&olitan :a)istrate or a @udicial :a)istrate of the first or second class, as the case may be, for the reco#ery of the sum &ayable as if it were a fine, and the :a)istrate if satisfied that the sum is &ayable shall order it to be so reco#ered, 293 and may order that the &erson liable for the &ayment shall in default of &ayment suffer im&risonment of either descri&tion for a term which may e*tend to one month but not less than ten days. (1) Any sum reco#ered under

sub,section (2) shall, as and when it is reco#ered, be &aid to the railway administration. 1#3. Po%er to remo2e (ersons., Any &erson failin) or refusin) to &ay the fare and the e*cess char)e referred to in section 1/8 may be remo#ed by any railway ser#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 carria)e of a hi)her class from continuin) his <ourney in a carria)e of a class for which he holds a &ass or tic9et' (ro#ided further that a woman or a child if unaccom&anied by a male &assen)er, shall not be so remo#ed e*ce&t either at the station from where she or he commences her or his <ourney or at a <unction or terminal station or station at the head+uarters of a ci#il district and such remo#al shall be made only durin) the day. 1'4. Sec.rit& for *ood 1eha2io.r in certain cases ., (1) >hen a court con#ictin) a &erson of an offence under section 1/0 or section 1/8 finds that he has 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 to e*ecute a bond for )ood beha#iour, such court may, at the time of &assin) the sentence on the &erson, order him to e*ecute a bond with or without sureties, for such amount and for such &eriod not e*ceedin) three years as it deems fit. (2) An order under sub,section (1) may also be made by an a&&ellate court or by the =i)h !ourt when e*ercisin) its &owers of re#ision. 1'1. Needlessl& interferin* %ith means of comm.nication in a train ., If any &assen)er or any other &erson, without reasonable and sufficient cause, ma9es use of, or interferes with, any means &ro#ided by a railway administration in a train for communication between &assen)ers and the railway ser#ant in char)e of the train, he shall be &unishable with im&risonment for a term which may e*tend to 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 to be mentioned in the <ud)ment of the court, where a &assen)er, without reasonable and sufficient cause, ma9es use of the alarm chain &ro#ided by a railway administration, such &unishment shall not be less than,, (a) a fine of fi#e hundred ru&ees, in the case of con#iction for the first offence. and (b) im&risonment for three months in case of con#iction for the second or subse+uent offence. 1':. Penalt& for transfer of tic9ets .,(1) If any &erson not bein) a railway ser#ant or an a)ent authorised in this behalf,, (a) sells or attem&ts to sell any tic9et or any half of a return tic9et. or 290 (b) &arts or attem&ts to &art with the &ossession of a tic9et a)ainst which reser#ation of a seat or berth has been made or any half of a return tic9et or a season tic9et, in order to enable any other &erson to tra#el therewith, he shall be &unishable with im&risonment for a term which may e*tend to three months, or with fine which may e*tend to fi#e hundred ru&ees, or with both, and shall also forfeit the tic9et which he sells or attem&ts to sell or &arts or attem&ts to &art. (2) If any &erson &urchases any tic9et referred to

in clause (a) of sub,section (1) or obtains the &ossession of any tic9et referred to in clause (b) of that sub,section from any &erson other than a railway ser#ant or an a)ent authorised in this behalf, he shall be &unishable with im&risonment for a term which may e*tend to three months and with fine which may e*tend to fi#e hundred ru&ees and if the &urchaser or holder of any tic9et aforesaid tra#els or attem&ts to tra#el therewith, he shall forfeit the tic9et which he so &urchased or obtained and shall be deemed to be tra#ellin) without a &ro&er tic9et and shall be liable to be dealt with under section 1/8' (ro#ided that in the absence of s&ecial and ade+uate reasons to the contrary to be mentioned in the <ud)ment of the court, the &unishment under sub,section (1) or sub,section (2) shall not be less than a fine of two hundred and fifty ru&ees. 1'#. Penalt& for .na.thorised carr&in* on of 1.siness of (roc.rin* and s.((l&in* of rail%a& tic9ets., (1) If any &erson, not bein) a railway ser#ant or an a)ent authorised in this behalf,,, (a) carries on the business of &rocurin) and su&&lyin) tic9ets for tra#el on a railway or for reser#ed accommodation for <ourney in a train. or (b) &urchases or sells or attem&ts to &urchase or sell tic9ets with a #iew to carryin) on any such business either by himself or by any other &erson, he shall be &unishable with im&risonment for a term which may e*tend to three years or with fine which may e*tend to ten thousand ru&ees, or with both, and shall also forfeit the tic9ets which he so &rocures, su&&lies, &urchases, sells or attem&ts to &urchase or sell' (ro#ided that in the absence of s&ecial and ade+uate reasons to the contrary to be mentioned in the <ud)ment of the court, such &unishment shall not be less than im&risonment for a term of one month or a fine of fi#e thousand ru&ees. (2) >hoe#er abets any offence &unishable under this section shall, whether or not such offence is committed, be &unishable with the same &unishment as is &ro#ided for the offence. 1''. Prohi1ition on ha%9in*; etc.; and 1e**in* .,(1) If any &erson can#asses for any custom or haw9s or e*&oses for sale any article whatsoe#er in any railway carria)e or u&on any &art of a railway, e*ce&t under and in accordance with the terms and conditions of a licence )ranted by the railway administration in this behalf, he shall be &unishable with im&risonment for a term which may e*tend 298 to one year, or with fine which may e*tend to two thousand ru&ees, or with both' (ro#ided that, in the absence of s&ecial and ade+uate reasons to the contrary to be mentioned in the <ud)ment of the court, such &unishment shall not be less than a fine of one thousand ru&ees. (2) If any &erson be)s in any railway carria)e or u&on a railway station, he shall be liable for &unishment as &ro#ided under sub,section (1). (/) Any &erson referred to in sub,section (1) or sub,section (2) may be remo#ed from the railway carria)e or any &art of the railway or railway station, as the case may be, by any railway ser#ant authorised in this behalf or by any other &erson whom such railway ser#ant may call to his aid. 1',. Dr.n9enness or n.isance ., If any &erson in any railway carria)e or u&on any &art of a railway,, (a) is in a state of into*ication. or (b) commits any nuisance or act of indecency or uses abusi#e or obscene lan)ua)e. or (c) wilfully or

without e*cuse interferes with any amenity &ro#ided by the railway administration so as to affect the comfortable tra#el of any &assen)er, he may be remo#ed from the railway by any railway ser#ant and shall, in addition to the forfeiture of his &ass or tic9et, be &unishable with im&risonment which may e*tend to si* months and with fine which may e*tend to fi#e hundred ru&ees' (ro#ided that in the absence of s&ecial and ade+uate reasons to the contrary to be mentioned in the <ud)ment of the court, such &unishment shall not be less than,, (a) a fine of one hundred ru&ees in the case of con#iction for the first offence. and (b) im&risonment of one month and a fine of two hundred and fifty ru&ees, in the case of con#iction for second or subse+uent offence. 1'-. "1str.ctin* rail%a& ser2ant in his d.ties ., If any &erson wilfully obstructs or &re#ents any railway ser#ant in the dischar)e of his duties, he shall be &unishable with im&risonment for a term which may e*tend to si* months, or with fine which may e*tend to one thousand ru&ees, or with both. 1'/. Tres(ass and ref.sal to desist from tres(ass ., (1) If any &erson enters u&on or into any &art of a railway without lawful authority, or ha#in) lawfully entered u&on or into such &art misuses such &ro&erty or refuses to lea#e, he shall be &unishable with im&risonment for a term which may e*tend to si* months, or with fine which may e*tend to one thousand ru&ees, or with both' 299 (ro#ided that in the absence of s&ecial and ade+uate reasons to the contrary to be mentioned in the <ud)ment of the court, such &unishment shall not be less than a fine of fi#e hundred ru&ees. (2) Any &erson referred to in sub,section (1) may be remo#ed from the railway by any railway ser#ant or by any other &erson whom such railway ser#ant may call to his aid. 1'0. Penalt& for ma9in* a false statement in an a((lication for com(ensation., If in any a&&lication for com&ensation under section 121, any &erson ma9es a statement which is false or which he 9nows 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 three years, or with fine, or with both. 1'3. Ma9in* a false claim for com(ensation ., If any &erson re+uirin) com&ensation from a railway administration for loss, destruction, dama)e, deterioration or non,deli#ery of any consi)nment ma9es a claim which is false or which he 9nows 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 three years, or with fine, or with both. 1,4. Malicio.sl& %rec9in* or attem(tin* to %rec9 a train ., (1) 4ub<ect to the &ro#isions of sub,section (2), if any &erson unlawfully,,, (a) &uts or throws u&on or across any railway, any wood, stone or other matter or thin). or (b) ta9es u&, remo#es, loosens or dis&laces any rail, slee&er or other matter or thin)s belon)in) to any railway. or (c) turns, mo#es, unloc9s or di#erts any &oints or other machinery belon)in) to any railway. or (d) ma9es or shows, or hides or remo#es, any si)nal or li)ht u&on or near to any railway. or (e) does or causes to

be done or attem&ts to do any other act or thin) in relation to any railway, with intent or with 9nowled)e that he is li9ely to endan)er the safety of any &erson tra#ellin) on or bein) u&on the railway, he shall be &unishable with im&risonment for life, or with ri)orous 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 to be mentioned in the <ud)ment of the court, where a &erson is &unishable with ri)orous im&risonment, such im&risonment shall not be less than,, (a) three years, in the case of a con#iction for the first offence. and (b) se#en years, in the case of con#iction for the second or subse+uent offence. /55 (2) If any &erson unlawfully does any act or thin) referred to in any of the clauses of sub,section (1),, (a) with intent to cause the death of any &erson and the doin) of such act or thin) causes the death of any &erson. or (b) with 9nowled)e that such act or thin) is so imminently dan)erous that it must in all &robability cause the death of any &erson or such bodily in<ury to any &erson as is li9ely to cause the death of such &erson, he shall be &unishable with death or im&risonment for life. 1,1. Dama*e to or destr.ction of certain rail%a& (ro(erties ., (1) If any &erson, with intent to cause, or 9nowin) that he is li9ely to cause dama)e or destruction to any &ro&erty of a railway referred to in sub,section (2), causes by fire, e*&losi#e substance or otherwise, dama)e to such &ro&erty or destruction of such &ro&erty, he shall be &unishable with im&risonment for a term which may e*tend to fi#e years, or with fine, or with both. (2) The &ro&erties of a railway referred to in sub,section (1) are railway trac9, brid)es, station buildin)s and installations, carria)es or wa)ons, locomoti#es, si)nallin), telecommunications, electric traction and bloc9 e+ui&ments and such other &ro&erties as the !entral "o#ernment bein) of the o&inion that dama)e thereto or destruction thereof is li9ely to endan)er the o&eration of a railway, may, by notification, s&ecify. 1,:. Malicio.sl& h.rtin* or attem(tin* to h.rt (ersons tra2ellin* 1& rail%a&., If any &erson unlawfully throws or causes to fall or stri9e at a)ainst, into or u&on any rollin) stoc9 formin) &art of a train, any wood, stone or other matter or thin) with intent, or with 9nowled)e that he is li9ely to endan)er the safety of any &erson bein) in or u&on such rollin) stoc9 or in or u&on any other rollin) stoc9 formin) &art of the same train, he shall be &unishable with im&risonment for life, or with im&risonment for a term which may e*tend to ten years. 1,#. Endan*erin* safet& of (ersons tra2ellin* 1& rail%a& 1& %ilf.l act or omission., If any &erson by any unlawful act or by any wilful omission or ne)lect, endan)ers or causes to be endan)ered the safety of any &erson tra#ellin) on or bein) u&on any railway, or obstructs or causes to be obstructed or attem&ts to obstruct any rollin) stoc9 u&on any railway, he shall be &unishable with im&risonment for a term which may e*tend to fi#e years. 1,'. Endan*erin* safet& of (ersons tra2ellin* 1& rail%a& 1& rash or ne*li*ent act or omission., If any &erson in a rash and ne)li)ent manner does any act, or omits to do what he is le)ally bound to do, and the act or omission is li9ely to endan)er the safety of any &erson tra#ellin) or bein) u&on any railway,

he shall be &unishable with im&risonment for a term which may e*tend to one year, or with fine, or with both. /51 1,,. Enterin* into a com(artment reser2ed or resistin* entr& into a com(artment not reser2ed., (1) If any &assen)er,, (a) ha#in) entered a com&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 seat reser#ed by a railway administration for the use of another &assen)er, refuses to lea#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 aid of 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 hundred ru&ees. (2) If any &assen)er resists the lawful entry of another &assen)er into a com&artment not reser#ed for the use of the &assen)er 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 &assen)er or any other &erson, after bein) warned by a railway ser#ant to desist, &ersists in tra#ellin) on the roof, ste& or footboard of any carria)e or on an en)ine, or in any other &art of a train not intended for the use of &assen)ers, he shall be &unishable with im&risonment for a term which may e*tend to three months, or with fine which may e*tend to fi#e hundred ru&ees, or with both and may be remo#ed from the railway by any railway ser#ant. 1,/. Alterin* or defacin* (ass or tic9et. If any &assen)er wilfully alters or defaces his &ass or tic9et so as to render the date, number or any material &ortion thereof ille)ible, he shall be &unishable with im&risonment for a term which 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 <I5 ., Any &erson under whose authority any railway ser#ant is em&loyed in contra#ention of any of the &ro#isions of !ha&ter BI6 or of the rules made thereunder, shall be &unishable with fine which may e*tend to fi#e hundred ru&ees. 1,3. Diso1edience of dri2ers or cond.ctors of 2ehicles to directions of rail%a& ser2ant, etc., If any dri#er or conductor of any #ehicle while u&on the &remises of a railway disobeys the reasonable directions of any railway ser#ant or &olice officer, he shall be &unishable with im&risonment for a term which may e*tend to one month, or with fine which may e*tend to fi#e hundred ru&ees, or with both. /52 1-4. "(enin* or 1rea9in* a le2el crossin* *ate ., (1) If any &erson, other than a railway ser#ant or a &erson authorised in this behalf, o&ens any )ate or chain or barrier set u& on either side of a le#el crossin) which is closed to road traffic, he shall be &unishable with im&risonment for a term which may e*tend to three years. (2) If any &erson brea9s any )ate or chain or barrier set u& on either side

of a le#el crossin) which is closed to road traffic, he shall be &unishable with im&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) or leadin) a #ehicle is ne)li)ent in crossin) an unmanned le#el crossin), he shall be &unishable with im&risonment which may e*tend to one year. 8*&lanation.,,Aor the &ur&oses of this section, -ne)li)ence- in relation to any &erson dri#in) or leadin) a #ehicle in crossin) an unmanned le#el crossin) means the crossin) of such 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) rollin) stoc9 is in si)ht, or (b) e#en while an a&&roachin) rollin) stoc9 is in si)ht. 1-:. Enterin* carria*e or other (lace reser2ed for females ., If a male &erson 9nowin) or ha#in) reason to belie#e that a carria)e, com&artment, berth or seat in a train or room or other &lace is reser#ed by a railway administration for the e*clusi#e use of females, without lawful e*cuse,,, (a) enters such carria)e, com&artment, room or other &lace, or ha#in) entered such carria)e, com&artment, room or &lace, remains therein. or (b) occu&ies any such berth or seat ha#in) been re+uired by any railway ser#ant to #acate it, he shall, in addition to bein) liable to forfeiture of his &ass or tic9et, be &unishable with fine which may e*tend to fi#e hundred ru&ees and may also be remo#ed by any railway ser#ant. 1-#. )i2in* false acco.nt of *oods ., If any &erson re+uired to furnish an account of )oods under section 33, )i#es an account which is materially false, he and, if he is not the owner of the )oods, the owner also shall, without &re<udice to his liability to &ay any frei)ht or other char)e under any &ro#ision of this Act, be &unishable with fine which may e*tend to fi#e hundred ru&ees for e#ery +uintal or &art thereof of such )oods. 1-'. 6nla%f.ll& 1rin*in* dan*ero.s *oods on a rail%a& ., If any &erson, in contra#ention of section 30, ta9es with him any dan)erous )oods or entrusts such )oods for carria)e to the railway administration, he shall be &unishable with im&risonment for a term which may e*tend to three years, or with fine which may e*tend to one thousand ru&ees or with both and shall also be liable for any loss, in<ury or dama)e which may be caused by reason of brin)in) such )oods on the railway. /5/ 1-,. 6nla%f.ll& 1rin*in* offensi2e *oods on a railway., If any &erson, in contra#ention of section 30, ta9es with him any offensi#e )oods or entrusts such )oods for carria)e to the railway administration, he shall be &unishable with fine which may e*tend to fi#e hundred ru&ees and shall also be liable for any loss, in<ury or dama)e which may be caused by reason of brin)in) such )oods on the railway. 1--. Defacin* (.1lic notices. If any &erson without lawful authority,, (a) &ulls down or wilfully dama)es any board or document set u& or &osted by the order of

a railway administration on a railway or any rollin) stoc9. or (b) obliterates or alters any letters or fi)ures u&on any such board or document or u&on any rollin) stoc9, he shall be &unishable with im&risonment for a term which may e*tend to one 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 ob<ected to by any other &assen)er in that com&artment, smo9e therein. (2) 7otwithstandin) anythin) contained in sub,section (1), a railway administration may &rohibit smo9in) in any train or &art of a train. (/) >hosoe#er contra#enes the &ro#isions of sub,section (1) or sub,section (2) shall be &unishable with fine which may e*tend to one hundred ru&ees. 1-0. Pro2ision %ith res(ect to commission of offence 1& the children of acts endan)erin) safety of &erson tra#ellin) on railway., (1) If a &erson under the a)e of twel#e years is )uilty of any of the offences under sections 115 to 112, the court con#ictin) him may re+uire the father or )uardian of such &erson to e*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) The amount of the bond, if forfeited, shall be reco#erable by the court as if it were a fine im&osed by itself. (/) If a father or )uardian fails to e*ecute a bond under sub, section (1) within the time fi*ed by the court, he shall be &unishable with fine which may e*tend to fifty ru&ees. 1-3. Le2& of (enalt& on non )o2ernment rail%a&. If a non, "o#ernment railway fails to com&ly with, any re+uisition made, decision or direction )i#en, by the !entral "o#ernment, under any of the &ro#isions of this Act, or otherwise contra#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 for e#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 ma9e such re&resentation as it deems fit. /52 1/4. Reco2er& of (enalt&. Any &enalty im&osed by the !entral "o#ernment under section 139, shall be reco#erable by a suit in the ?istrict !ourt ha#in) <urisdiction in the &lace where the head office of the non,"o#ernment railway is situated. 1/1. Section 1-3 or 1/4 not to (recl.de Central )o2ernment from ta9in) any other action.,7othin) in section 139 or 105 shall &reclude the !entral "o#ernment from resortin) to any other action to com&el a non,"o#ernment railway to dischar)e any obli)ation im&osed u&on it by or under this Act. 1/:. Penalt& for into8ication. If any railway ser#ant is in a state of into*ication while on duty, he shall be &unishable with fine which may e*tend to fi#e hundred ru&ees and when the &erformance of any duty in such state is li9ely to endan)er the safety of any &erson tra#ellin) on or bein) u&on a railway, such railway

ser#ant shall be &unishable with im&risonment for a term which may e*tend to one year, or with fine, or with both. 1/#. A1andonin* train; etc.; %itho.t a.thorit& ., If any railway ser#ant, when on duty, is entrusted with any res&onsibility connected with the runnin) of a train, or of any other rollin) stoc9 from one station or &lace to another station or &lace, and he abandons his duty before reachin) such station or &lace without authority or without &ro&erly handin) o#er such train or rollin) stoc9 to another authorised railway ser#ant, he shall 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/'. "1str.ctin* r.nnin* of train; etc ., If any railway ser#ant (whether on duty or otherwise) or any other &erson obstructs or causes to be obstructed or attem&ts to obstruct any train or other rollin) stoc9 u&on a railway,,, (a) by s+uattin) or &ic9etin) or durin) any rail ro9o a)itation or bandh. or (b) by 9ee&in) without authority any rollin) stoc9 on the railway. or (c) by tam&erin) with, disconnectin) or interferin) in any other manner with its hose &i&e or tam&erin) with si)nal )ear or otherwise, he shall be &unishable with im&risonment for a term which may e*tend to two years, or with fine which may e*tend to two thousand ru&ees, or with both. 1/,. Endan*erin* the safet& of (ersons ., If any railway ser#ant, when on duty, endan)ers 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 the rules made thereunder. or /51 (c) by any rash or ne)li)ent act or omission, he shall 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/-. "1str.ctin* le2el crossin*. If any railway ser#ant unnecessarily,, (a) allows any rollin) stoc9 to stand across a &lace where the railway crosses a &ublic road on the le#el. or (b) 9ee&s a le#el crossin) closed a)ainst the &ublic, he shall be &unishable with fine which may e*tend to one hundred ru&ees. 1//. +alse ret.rns.,If any railway ser#ant re+uired to furnish a return by or under this Act, si)ns and furnishes a return which is false in any material &articular or which he 9nows 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 which may e*tend to fi#e hundred ru&ees, or with both. 1/0. Ma9in* a false re(ort 1& a rail%a& ser2ant ., If any railway ser#ant who is re+uired by a railway administration to in+uire into a claim for loss, destruction, dama)e, deterioration or non,deli#ery of any consi)nment ma9es a re&ort which is false or which he 9nows 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 two years, or with fine which may e*tend to one thousand ru&ees, or with both.

1/3. Arrest for offences .nder certain sections. = 1) If a &erson commits any offence mentioned in sections 1/0, 121 to 120, 115 to 110, 135 to 132, 132, 133, 138 and 102 to 101, he may be arrested without warrant or other written authority by any railway ser#ant or &olice officer not below the ran9 of a head constable. (2) The railway ser#ant or the &olice officer may call to his aid any other &erson to effect the arrest under sub,section (1). (/) Any &erson so arrested under this section shall be &roduced before the nearest :a)istrate within a &eriod of twenty,four hours of such arrest e*cludin) the time necessary for the <ourney from the &lace of arrest to the court of the :a)istrate. 104. Arrest of (ersons li9el& to a1scond; etc. (1) If any &erson who commits any offence under this Act, other than an offence mentioned in section 109, or is liable to &ay any e*cess char)e or other sum demanded under section 1/8, fails or refuses to )i#e his name and address or there is reason to belie#e that the name and address )i#en by him are fictitious or that he will abscond, any railway ser#ant authorised in this behalf or any &olice officer not below the ran9 of a head constable may arrest him without warrant or written authority. (2) The railway ser#ant or the &olice officer may call to his aid any other &erson to effect the arrest under sub,section (1). (/) Any &erson arrested under this section shall be &roduced before the nearest :a)istrate within a &eriod of twenty,four hours of such arrest e*cludin) the time necessary for the <ourney from the &lace of arrest to the court of the :a)istrate unless he is released earlier on /53 )i#in) bail or if his true name and address are ascertained on e*ecutin) a bond without sureties for his a&&earance before the :a)istrate ha#in) <urisdiction to try him for the offence. (2) The &ro#isions of !ha&ter BBIII of the !ode of !riminal (rocedure, 190/ (2 of 1902), shall, so far as may be, a&&ly to the )i#in) of bail and the e*ecution of bonds under this section. 185. Arrest of &ersons li9ely to abscond, etc. (1) If any &erson who commits any offence under this Act, other than an offence mentioned in section 109, or is liable to &ay any e*cess char)e or other sum demanded under section 1/8, fails or refuses to )i#e his name and address or there is reason to belie#e that the name and address )i#en by him are fictitious or that he will abscond, any railway ser#ant authorised in this behalf or any &olice officer not below the ran9 of a head constable may arrest him without warrant or written authority. (2) The railway ser#ant or the &olice officer may call to his aid any other &erson to effect the arrest under sub,section (1). (/) Any &erson arrested under this section shall be &roduced before the nearest :a)istrate within a &eriod of twenty,four hours of such arrest e*cludin) the time necessary for the <ourney from the &lace of arrest to the court of the :a)istrate unless he is released earlier on /53 )i#in) bail or if his true name and address are ascertained on e*ecutin) a bond without sureties for his a&&earance before the :a)istrate ha#in) <urisdiction to try him for the offence. (2) The &ro#isions of !ha&ter BBIII of the !ode of !riminal (rocedure, 190/ (2 of 1902), shall, so far as may be, a&&ly to the )i#in) of bail and the e*ecution of bonds under this section. 101. Ma*istrate ha2in* ?.risdiction .nder the Act ., 7otwithstandin) anythin) contained in the !ode of !riminal (rocedure, 190/ (2 of 1902), no court inferior

to that of a :etro&olitan :a)istrate or a @udicial :a)istrate of the first class shall try an offence under this Act. 10:. Place of trial ., (1) Any &erson committin) an offence under this Act or any rule made thereunder shall be triable for such offence in any &lace in which he may 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) in force. (2) 8#ery notification under sub,section (1) shall be &ublished in the $fficial "a%ette, and a co&y thereof shall be e*hibited for the information of the &ublic in some cons&icuous &lace at such railway stations as the 4tate "o#ernment may direct.

CHAPTER <5I MISCELLANE"6S


10#. Po%er to (ro2ide other trans(ort ser2ices ., (1) A railway administration may, for the &ur&ose of facilitatin) the carria)e of &assen)ers or )oods or to &ro#ide inte)rated ser#ice for such carria)e, &ro#ide any other mode of trans&ort. (2) 7otwithstandin) anythin) contained in any other law for the time bein) in force, the &ro#isions of this Act shall a&&ly to the carria)e of &assen)ers or )oods by the mode of trans&ort referred to in sub,section (1). 10'. Ta8ation on rail%a&s 1& local a.thorities ., (1) 7otwithstandin) anythin) to the contrary contained in any other law, a railway administration shall not be liable to &ay any ta* in aid of the funds of any local authority unless the !entral "o#ernment, by notification, declares the railway administration to be liable to &ay the ta* s&ecified in such notification. (2) >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, in lieu thereof, such sum, if any, as an officer a&&ointed in this behalf by the !entral "o#ernment may, ha#in) re)ard to all the circumstances of the case, from time to time, determine to be fair and reasonable. (/) The !entral "o#ernment may at any time re#o9e or #ary a notification issued under sub,section (1). (2) 7othin) in this section shall be construed to &re#ent any railway administration from enterin) into a contract with any local authority for the su&&ly of water or li)ht, or for the sca#en)in) of railway &remises, /50 or for any other ser#ice which the local authority may be renderin) or be &re&ared to render to the railway administration. 10,. Ta8ation on rail%a&s for ad2ertisement .,(1) 7otwithstandin) anythin) to the contrary contained in any other law, a railway administration shall not be liable to &ay any ta* to any local authority in res&ect of any ad#ertisement made on 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 such notification. (2) The !entral "o#ernment may at any time re#o9e or #ary a notification issued under sub,section (1).

10-. Protection of action ta9en in *ood faith ., 7o suit, &rosecution or other le)al &roceedin) shall lie a)ainst the !entral "o#ernment, any railway administration, a railway ser#ant or any other &erson for anythin) which is in )ood faith done or intended to be done in &ursuance of this Act or any rules or orders made thereunder. 10/. Restriction on e8ce.tion a*ainst rail%a& (ro(ert&. (1) 7o rollin) stoc9, machinery, &lant, tools, fittin)s, materials or effects used or &ro#ided by a railway administration for the &ur&ose of traffic on its railway, or of its stations or wor9sho&s, shall be liable to be ta9en in e*ecution of any decree or order of any court or of any local authority or &erson ha#in) by law the &ower to attach or distrain &ro&erty or otherwise to cause &ro&erty to be ta9en in e*ecution, without the &re#ious sanction of the !entral "o#ernment. (2) 7othin) in sub,section (1) shall be construed to affect the authority of any court to attach the earnin)s of a railway in e*ecution of a decree or order. 100. Rail%a& ser2ants to 1e (.1lic ser2ants for the (.r(oses of !ha&ter IB and section 259 of the Indian (enal !ode (21 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, (21 of 1835) shall be deemed to be a &ublic ser#ant for the &ur&oses of !ha&ter IB and section 259 of that !ode. (2) In the definition of -le)al remuneration- in section 131 of the Indian (enal !ode, (21 of 1835.) the word -"o#ernment- shall, for the &ur&oses of sub,section (1), be deemed to include any 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 a)ent, in his own name or in that of another, or <ointly or in shares with others, any &ro&erty &ut to auction under section 8/ or section 82 or section 81 or section 95. or (b) in contra#ention of any direction of the railway administration in this behalf, en)a)e in trade. /58 134. Proced.re for deli2er& to rail%a& administration of (ro(ert& detained 1& a rail%a& ser2ant.,If a railway ser#ant is dischar)ed from ser#ice or is sus&ended, or dies or absconds or absents himself, and he or his wife or widow or any member of his family or his re&resentati#e, refuses or ne)lects, after notice in writin) for that &ur&ose, to deli#er u& to the railway administration or to a &erson a&&ointed by the railway administration, in this behalf, any station, office or other buildin) with its a&&urtenances, or any boo9s, &a&ers, 9eys, e+ui&ment or other matters, belon)in) to the railway administration and in the &ossession or custody of such railway ser#ant at the occurrence of any such e#ent as aforesaid, any :etro&olitan :a)istrate or @udicial :a)istrate of the first class may, on a&&lication made by or on behalf of the railway administration, order any &olice officer, with &ro&er assistance, to enter u&on the station, office or other buildin) and remo#e any &erson found therein and ta9e &ossession thereof, or to ta9e &ossession of the boo9s, &a&ers or other matters, and to deli#er the same to the railway administration or to a &erson a&&ointed by the railway administration in that behalf.

131. Proof of entries in records and doc.ments ., 8ntries made in the records or other documents of a railway administration shall be admitted in e#idence in all &roceedin)s by or a)ainst the railway administration, and all such entries may be &ro#ed either by the &roduction of the records or other documents of the railway administration containin) such entries or by the &roduction of a co&y of the entries certified by the officer ha#in) custody of the records or other documents under his si)nature and statin) that it is a true co&y of the ori)inal entries and that such ori)inal entries are contained in the records or other documents of the railway administration in his &ossession. 13:. Ser2ice of notice; etc.; on rail%a& administration ., Any notice or other document re+uired or authorised by this Act to be ser#ed on a railway administration may be ser#ed, in the case of a ;onal Railway, on the "eneral :ana)er or any of the railway ser#ant authorised by the "eneral :ana)er, and in the case of any other railway, on the owner or lessee of the railway or the &erson wor9in) the railway under an a)reement,, (a) by deli#erin) it to him. or (b) by lea#in) it at his office. or (c) by re)istered &ost to his office address. 13#. Ser2ice of notice; etc.; 1& rail%a& administration .,Dnless otherwise &ro#ided in this Act or the rules framed thereunder, any notice or other document re+uired or authorised by this Act to be ser#ed on any &erson by a railway administration may be ser#ed,, (a) by deli#erin) it to the &erson. or (b) by lea#in) it at the usual or last 9nown &lace of abode of the &erson. or (c) by re)istered &ost addressed to the &erson at his usual or last 9nown &lace of abode. 13'. Pres.m(tion %here notice is ser2ed 1& (ost .,>here a notice or other document is ser#ed by &ost, it shall be deemed to ha#e been ser#ed at the time when 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 containin) the notice or other document was &ro&erty addressed and re)istered. /59 13,. Re(resentation of rail%a& administration ., (1) A railway administration may, 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 or other 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 1902), be entitled to conduct such &rosecutions without the &ermission of the :a)istrate. 13-. Po%er to e8em(t rail%a& from Act .,(1) The !entral "o#ernment may, by notification, e*em&t any railway from all or any of the &ro#isions of this Act. (2) 8#ery notification issued under sub,section (1) shall be laid as soon as may be after it is issued before each =ouse of (arliament. 13/. Matters s.((lemental to the definitions of Crail%a&C and Crail%a& ser2ant-.,(1) Aor the &ur&oses of sections 30, 11/, 121, 12/, 120, 111 to 112, 135, 132, 133, 138, 105, 101, 10/ to 103, 109, 185, 182, 182, 181, 180 to 195,

192, 19/, 191 and of this section, the word -railway- whether it occurs alone or as a &refi* to another word, has reference to a railway or &ortion of a railway under construction and to a railway or &ortion of a railway not used for the &ublic carria)e of &assen)ers, animals or )oods as well as to a railway fallin) within the definition of that word in clause (/1) of section 2. (2) Aor the &ur&oses of sections 0, 22, 11/, 123, 102 to 103 and 188 to 195, the e*&ression -railway ser#antincludes a &erson em&loyed under a railway in connection with the ser#ice thereof by a &erson fulfillin) a contract with the railway administration. 130. )eneral (o%er to ma9e r.les., >ithout &re<udice to any &ower to ma9e rules contained elsewhere in this Act, the !entral "o#ernment may ma9e rules )enerally to carry out the &ur&oses of this Act. 133. R.les to 1e laid 1efore Parliament., 8#ery rule made under this Act shall be laid, as soon as may be after it is made, before each =ouse of (arliament, while it is in session, for a total &eriod of thirty days which may be com&rised in one session or in two or more successi#e sessions, and if, before the e*&iry of the session immediately followin) the session or the successi#e sessions aforesaid, both =ouses a)ree in ma9in) any modification in the rule or both =ouses a)ree that the rule should not be made, the rule shall thereafter ha#e effect only in such modified form or be of no effect, as the case may be. so, howe#er, that any such modification or annulment shall be without &re<udice to the #alidity of anythin) &re#iously done under that rule. :44. Re(eal and sa2in*. (1) The Indian Railways Act, 1895 (9 of 1895) is hereby re&ealed. (2) 7otwithstandin) the re&eal of the Indian Railways Act, 1895 (9 of 1895) (hereinafter referred to as the re&ealed Act),, (a) anythin) done or any action ta9en or &ur&orted to ha#e been done or ta9en (includin) any rule, notification, ins&ection, order or notice made or issued, or any a&&ointment or declaration made or any licence, &ermission, authorisation or e*em&tion )ranted or any document or instrument e*ecuted or any direction )i#en or any &roceedin)s ta9en or any &enalty or fine im&osed) under the re&ealed /15 Act shall, in so far as it is not inconsistent with the &ro#isions of this Act, be deemed to ha#e been done or ta9en under the corres&ondin) &ro#isions of this Act. (b) any com&laint made to the Railway Rates Tribunal under sub,section (1) of section 21 of the re&ealed Act but not dis&osed of before the commencement of this Act and any com&laint that may be made to the said Tribunal a)ainst any act or omission of a railway administration under the re&ealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with the &ro#isions of !ha&ter 6II of this Act. (/) The mention of &articular matters in sub, section (2) shall not be held to &re<udice or affect the )eneral a&&lication of section 3 of the "eneral !lauses Act, 1890 (15 of 1890), with re)ard to the effect of re&eal.