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Railways Act, 1989


Act No. 24 of 1989

Contents

Sections

Particulars

Chapter I

Preliminary

1

Short title and commencement

2

Definitions

Chapter II

Railway Administrations  

3

Zonal Railways

4

Appointment of General Manager

Chapter III 

Commissioners of Railway Safety  

5

Appointment of Chief Commissioner of Railway Safety and Commissioners of Railway Safety

6

Duties of Commissioner

7

Power of Commissioner

8

Commissioner to he public servant

9

Facilities to be afforded to Commissioners

10

Annual report of Commissioners

Chapter IV

Construction and Maintenance of Works  

11

Power of railway administrations to execute all necessary works

12

Power to alter the position of pipe, electric supply fine, drain or sewer, etc.

13

Protection for Government property

14

Temporary entry upon land to remove obstruction, to repair or to prevent accident

15

Payment of amount for damage or loss

16

Accommodation works

17

Power of owner, occupier, State Government or local authority to cause additional accommodation works to be made

18

Fences, gates and bars

19

Over-bridges and under-bridges

20

Power of Central Government to give directions for safety

Chapter V 

Opening of Railways  

21

Sanction of the Central Government to the opening of railway

22

Formalities to be complied with before giving sanction to the opening of a railway

23

Sections 21 and 22 to apply to the opening of certain works

24

Temporary suspension of traffic

25

Power to close railway opened for the public carriage of passengers

26

Re-opening of closed railway

27

Use of rolling stock

28

Delegation of powers

29

Power to make rules in respect of matters in this Chapter

Chapter VI 

Fixation of Rates  

30

Power to fix rates

31

Power to classify commodities or alter rates

32

Power of railway administration to charge certain rates

Chapter VII 

Railway Rates Tribunal  

33

Constitution of the Railway Rates Tribunal

34

Staff of the Tribunal

35

Sittings of the Tribunal

36

Complaints against a railway administration

37

Matters not within the jurisdiction of the Tribunal

38

Powers of the Tribunal

39

Reference to the Tribunal

40

Assistance by the Central Government

41

Burden of proof, etc.

42

Decision, etc., of the Tribunal

43

Bar of jurisdiction of courts

44

Relief’s which the Tribunal may grant

45

Revision of decisions given by the Tribunal

46

Execution of decisions or orders of the Tribunal

47

Report of the Central Government

48

Power of the Tribunal to make regulations

Chapter VIII 

Carriage of Passengers

49

Exhibition of certain timings and Tables of fires at stations

50

Supply of tickets on payment of fare

51

Provision for case in which ticket is issued for class or train not having accommodation for additional passengers

52

Cancellation of ticket and refund

53

Prohibition against transfer of certain tickets

54

Exhibition and surrender of passes and ticket

55

Prohibition against traveling without pass or ticket

56

Power to refuse to carry persons suffering from infections or contagious diseases

57

Maximum number of passengers for each compartment

58

Earmarking of compartment, etc., for ladies

59

Communication between passengers and railway servant in charge of train

60

Power to make rule in respect of matters in this Chapter

Chapter IX 

Carriage of Good       

61

Maintenance of rate-books, etc., for carriage of goods

62

Conditions for receiving, etc., of goods

63

Provision of risk rate

64

Forwarding note

65

Railway receipt

66

Power to require statement relating to the description of goods

67

Carriage of dangerous or offensive goods

68

Carriage of animals suffering from infectious or contagious diseases

69

Deviation of route

70

Prohibition of undue preference

71

Power to give direction in regard to carriage of certain goods

72

Maximum carrying capacity for wagons and trucks

73

Punitive charge for overloading a wagon

74

Passing of property in the goods covered by railway receipt

75

Section 74 not to affect right of stoppage in transit or claims for freight

76

Surrender of railway receipt

77

Power of railway administration to deliver goods or sale proceeds thereof in certain cues

78

Power to measure, weigh, etc.

79

Weighment of consignment on request of the consignee or endorsee

80

Liability of railway administration for wrong delivery

81

Open delivery of consignments

82

Partial delivery of consignments

83

Lien for freight or any other sum due

84

Unclaimed consignment

85

Disposal of perishable consignments in certain circumstances

86

Sales under sections 83 to 85 not to affect the right to suit

87

Power to make rules in respect of matters in this Chapter

Chapter X 

Special Provisions as to Goods Booked to Notified Stations  

88

Definitions

89

Power to declare notified stations

90

Disposal of unremoved goods at notified stations

91

Price to he paid to person entitled after deducting dues

92

Power to make rules in respect of matters in this Chapter

Chapter XI 

Responsibilities tf Railway Administrations as Carriers  

93

General responsibility of a railway administration as carrier of goods

94

Goods to be loaded or delivered at a siding not belonging to a railway administration

95

Delay or retention in transit

96

Traffic passing over railways in India and railways in foreign countries

97

Goods carried at owner's risk rate

98

Goods in defective condition or defectively packed

99

Responsibility of a railway administration after termination of transit

100

Responsibility as carrier of luggage

101

Responsibility as a carrier of animals

102

Exoneration from liability in certain cases

103

Extent of monetary liability in respect of any consignment

104

Extent of liability in respect of goods carried in open wagon

105

Right, of railway administration to cheek contents of certain consignment or luggage

106

Notice of claim for compensation and refund of over charge

107

Applications for compensation for loss, etc., of goods

108

Person entitled to claim compensation

109

Railway administration against which application for the compensation for personal injury is to be filed

110

Burden of proof

111

Extent of liability of railway administration in respect of accidents at sea

112

Power to make rules in respect of matters in this Chapter

Chapter XII 

Accident  

113

Notice of railway accident

114

Inquiry by Commissioner

115

Inquiry by railway administration

116

Powers of Commissioner in relation to inquiry

117

Statement made before Commissioner

118

Procedure, etc.

119

No inquiry, investigation, etc., to he made if the Commission of inquiry is appointed

120

Inquiry into accident not covered by section 113

121

Returns

122

Power to make rules in respect of matters in this Chapter

Chapter XIII 

Liability of Railway Administration for Death and Injury to Passengers Due to Accident  

123

Definitions

124

Extent of liability

124A

Compensation on account of untoward incidents

125

Application for compensation

126

Interim relief by railway administration

127

Determination of compensation in respect of any injury or loss of goods

128

Saying as to certain rights

129

Power to make rules in respect of matters in this Chapter

Chapter XIV 

Regulation of Hours of Work and Period of Rest  

130

Definitions

131

Chapter not to apply to certain railway servants

132

Limitation of hours of work

133

Grant of periodical rest

134

Railway servant to remain on duty

135

Supervisors of railway labor

136

Power to make rules in respect of matters in this Chapter

Chapter XV 

Penalties and Offences  

137

Fraudulently traveling or attempting to travel without proper pass or ticket

138

Levy of excess charge and fare for traveling without proper pass or ticket or beyond authorized distance

139

Power to remove persons

140

Security for good behavior in certain cases

141

Needlessly interfering with means of communication in a train

142

Penalty for transfer of tickets

143

Penalty for unauthorized carrying on of business of procuring and supplying of railway tickets

144

Prohibition on hawking, etc., and begging

145

Drunkenness or nuisance

146

Obstructing railway servant in his duties

147

Trespass and refusal to desist from trespass

148

Penalty for making a false statement in an application for compensation

149

Making a false claim for compensation

150

Maliciously wrecking or attempting to wreck a train

151

Damage to or destruction of certain railway properties

152

Maliciously hurting or attempting to hurt persons traveling by railway

153

Endangering safety of persons traveling by railway by willful act or omission

154

Endangering safety of persons traveling by railway rash or negligent act or omission

155

Entering into compartment reserved or resisting entry into a compartment not reserved

156

Traveling on roof, step or engine of a train

157

Altering or defacing pass or ticket

158

Penalty for contravention of any of the provision of Chapter XIV

159

Disobedience of drivers or conductors of vehicles to directions of railway servant, etc.

160

Opening or breaking a level crossing gate

161

Negligently crossing unmanned level crossing

162

Entering carriage or other place reserved for females

163

Giving false account of goods

164

Unlawfully bringing dangerous goods on a railway

165

Unlawfully bringing offensive goods on a railway

166

Defacing public notices

167

Smoking

168

Provision with respect to commission of offence by the children of acts endangering safety of person traveling on railway

169

Levy of penalty on non-Government railway

170

Recovery of penalty

171

Section 169 or 170 not to preclude Central Government from taking any other action

172

Penalty for intoxication

173

Abandoning train, etc., without authority

174

Obstructing running of train, etc.

175

Endangering the safety of persons

176

Obstructing level crossing

177

False returns

178

Making a false report by a railway servant

179

Arrest for offences under certain sections

180

Arrest of persons likely to abscond, etc.

181

Magistrate having jurisdiction under the Act

182

Place of trial

Chapter XVI 

Miscellaneous  

183

Power to provide other transport services

184

Taxation on railways by local authorities

185

Taxation on railways for advertisement

186

Protection of action taken in good faith

187

Restriction on execution against railway property

188

Railway servants to be public servants for the purposes of Chapter IX and section 409 of the Indian Penal Code

189

Railway servants not to engage in trade

190

Procedure for delivery to railway administration of property detained by a railway servant

191

Proof of entries in records and documents

192

Service of notice, etc., on railway administration

193

Service of notice, etc., by railway administration

194

Presumption where notice is served by post

195

Representation of railway administration

196

Power to exempt railway from Act

197

Matters supplemental to the definitions of "railway" and "railway servant"

198

General power to make rules

199

Rules to be laid before Parliament

200

Repeal and saving

 

An Act to consolidate and amend the law relating to Railways.

Be it enacted by Parliament in the Fortieth Year of the Republic of India as follows: -



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