(1) This Act may be called the Railways Act, 1989.

(2) It shall come into force on such date¹as the Central Government may, by notification in theOfficial Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act, and any referencein any such provision to the commencement of this Act shall be construed as a reference to the cominginto force of that provision.

1 1st July, 1990, vide notification No. S.O. 475(E), dated 12th June, 1990, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

In this Act, unless the context otherwise requires,--

(1) "authorised" means authorised by a railway administration;

1[(1A) "Authority" means the Rail Land Development Authority constituted under section 4A;]

(2) "carriage" means the carriage of passengers or goods by a railway administration;

(3) "Claims Tribunal" means the Railway Claims Tribunal established under section 3 of theRailway Claims Tribunal Act, 1987 (54 of 1987);

(4) "classification" means the classification of commodities made under section 31 for thepurpose of determining the rates to be charged for carriage of such commodities;

(5) "class rates" means the rate fixed for a class of commodity in the classification;

(6) "Commissioner" means the Chief Commissioner of Railway Safety or the Commissioner ofRailway Safety appointed under section 5;

(7) "commodity" means a specific item of goods;

2[(7A) competent authority means any person authorised by the Central Government, bynotification, to perform the functions of the competent authority for such area as may be specified inthe notification;]

(8) "consignee"means the person named as consignee in a railway receipt;

(9) "consignment" means goods entrusted to a railway administration for carriage;

(10) "consignor" means the person, named in a railway receipt as consignor, by whom or onwhose behalf goods covered by the railway receipt are entrusted to a railway administration forcarriage;

(11) "demurrage" means the charge levied for the detention of any rolling stock after the expiryof free time, if any, allowed for such detention;

(12) "endorsee" means the person in whose favour an endorsement is made, and in the case ofsuccessive endorsements, the person in whose favour the last endorsement is made;

(13) "endorsement" means the signing by the consignee or the endorsee after adding a directionon a railway receipt to pass the property in the goods mentioned in such receipt to a specified person;

(14) "fare" means the charge levied for the carriage of passengers;

(15) "ferry" includes a bridge of boats, pontoons or rafts, a swing bridge, a fly-bridge and atemporary bridge and the approaches to, and landing places of, a ferry;

(16) "forwarding note" means the document executed under section 64;

(17) "freight" means the charge levied for the carriage of goods including transhipment charges,if any;

(18) "General Manager" means the General Manager of a Zonal Railway appointed undersection 4;

(19) goods includes

(i) containers, pallets or similar articles of transport used to consolidate goods; and

(ii) animals;

(20) "Government railway" means a railway owned by the Central Government;

(21) "in transit", in relation to the carriage of goods by railway, means the period between thecommencement and the termination of transit of such goods, and unless otherwise previouslydetermined

(a) transit commences as soon as the railway receipt is issued or the consignment is loaded,whichever is earlier;

(b) transit terminates on the expiry of the free time allowed for unloading of consignmentfrom any rolling stock and where such unloading has been completed within such free time,transit terminates on the expiry of the free time allowed, for the removal of the goods from therailway premises;

(22) "level crossing" means an inter-section of a road with lines of rails at the same level;

(23) "luggage" means the goods of a passenger either carried by him in his charge or entrusted toa railway administration for carriage;

(24) "lump sum rate" means the rate mutually agreed upon between a railway administration anda consignor for the carriage of goods and for any service in relation to such carriage;

(25) "non-Government railway" means a railway other than a Government railway;

(26) "notification" means a notification published in the Official Gazette;

3[(26A) officer authorised means an officer authorised by the Central Government undersub-section (2) of section 179;]

(27) "parcel" means goods entrusted to a railway administration for carriage by a passenger or aparcel train;

(28) "pass" means an authority given by the Central Government or a railway administration to aperson allowing him to travel as a passenger, but does not include a ticket;

(29) "passenger" means a person travelling with a valid pass or ticket;

4[(29A) person interested includes,--

(i) all persons claiming an interest in compensation to be made on account of the acquisitionof land under this Act;

(ii) tribals and other traditional forest dwellers, who have lost anytraditional rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers(Recognition of Forest Rights) Act, 2006 (2 of 2007);

(iii) a person interested in an easement affecting the land; and

(iv) persons having tenancy rights under the relevant State laws;]

(30) "prescribed" means prescribed by rules made under this Act;

(31) "railway" means a railway, or any portion of a railway, for the public carriage of passengersor goods, and includes

(a) all lands within the fences or other boundary marks indicating the limits of the landappurtenant to a railway;

(b) all lines of rails, sidings, or yards, or branches used for the purposes of, or in connectionwith, a railway;

(c) all electric traction equipments, power supply and distribution installations used for thepurposes of, or in connection with, a railway;

(d) all rolling stock, stations, offices, warehouses, wharves, workshops, manufactories, fixedplant and machinery, roads and streets, running rooms, rest houses, institutes, hospitals, waterworks and water supply installations, staff dwellings and any other works constructed for thepurpose of, or in connection with, railway;

(e) all vehicles which are used on any road for the purposes of traffic of a railway and owned,hired or worked by a railway; and

(f) all ferries, ships, boats and rafts which are used on any canal, river, lake or other navigableinland waters for the purposes of the traffic of a railway and owned, hired or worked by a railwayadministration,but does not include--

(i) a tramway wholly within a municipal area; and

(ii) lines of rails built in any exhibition ground, fair, park, or any other place solely for thepurpose of recreation;

(32) "railway administration", in relation to--

(a) a Government railway, means the General Manager of a Zonal Railway; and

(b) a non-Government railway, means the person who is the owner or lessee of the railway orthe person working the railway under an agreement;

5[(32A) "railway land" means any land in which a Government railway has any right, title orinterest;]

(33) "railway receipt" means the receipt issued under section 65;

(34) "railway servant" means any person employed by the Central Government or by a railwayadministration in connection with the service of a railway 6[including member of the RailwayProtection Force appointed under clause (c) of sub-section (1) of section 2 of the Railway ProtectionForce Act, 1957 (23 of 1957);]

(35) "rate" includes any fare, freight or any other charge for the carriage of any passenger orgoods;

(36) "regulations" means the regulations made by the Railway Rates Tribunal under this Act;

(37) "rolling stock" includes locomotives, lenders, carriages, wagons, rail-cars, containers, trucks,trolleys and vehicles of all kinds moving on rails;

7[(37A) "special railway project" means a project notified as such by the Central Governmentfrom time to time, for providing national infrastructure for a public purpose in a specified time-frame,covering one or more States or the Union territories;]

(38) "station to station rate" means a special reduced rate applicable to a specific commoditybooked between specified stations;

(39) "traffic" includes rolling stock of every description, as well as passengers and goods;

8[(40) Tribunal means the Tribunal referred to in section 33;]

(41) wharfage means the charge levied on goods for not removing them from the railway afterthe expiry of the free time for such removal;

(42) "Zonal Railway" means a Zonal Railway constituted under section 3.

1. Ins. by Act 47 of 2005, s. 2 (w.e.f. 30-8-2006).

2. Ins. by Act 11 of 2008, s. 2 (w.e.f. 31-1-2008).

3. Ins. by Act 51 of 2003, s. 2 (w.e.f. 1-7-2004).

4. Ins. by Act 11 of 2008, s. 2 (w.e.f. 31-1-2008).

5. Ins. by Act 47 of 2005, s. 2 (w.e.f. 30-8-2006).

6. Ins. by Act 51 of 2003, s. 2 (w.e.f. 1-7-2004).

7. Ins. by Act 11 of 2008, s. 2 (w.e.f. 31-1-2008).

8. Subs. by Act 7 of 2017, s. 163, for clause (40) (w.e.f. 26-5-2017).

(1) The Central Government may, for the purpose of the efficientadministration of the Government railways, by notification constitute such railways into as many ZonalRailways as it may deem fit and specify in such notification the names and headquarters of such ZonalRailways and the areas in respect of which they shall exercise jurisdiction.

(2) The Zonal Railway existing immediately before the commencement of this Act shall be deemed tobe Zonal Railways constituted under sub-section (1).

(3) The Central Government may, by notification, declare any unit of the railways engaged inresearch, development, designing, construction or production of rolling stock, its parts or other equipmentused on a railway, to be a Zonal Railway.

(4) The Central Government may, by notification, abolish any Zonal Railway or constitute any newZonal Railway out of any existing Zonal Railway or Zonal Railways, change the name or headquarters ofany Zonal Railway or determine the areas in respect of which a Zonal Railway shall exercise jurisdiction.

(1) The Central Government shall, by notification, appointa person to be the General Manager of a Zonal Railway.

(2) The general superintendence and control of a Zonal Railway shall vest in the General Manager.

¹[4A. Establishment of Railway Land Development Authority. The Central Government may, bynotification, establish an authority to be called the Rail Land Development Authority to exercise thepowers and discharge the functions conferred on it by or under this Act.

1 Ins. by Act 47 of 2005, s. 3 (w.e.f. 30-8-2006).

1[4B. Composition of Authority. (1) The Authority shall consist of a Chairman, Vice-Chairman andnot more than four other members.

(2) The Member Engineering, Railway Board shall be the Chairman, ex officio, of the Authority.

(3) The Vice-Chairman and three other members shall be appointed by the Central Government fromamongst persons who are or have been working in the Civil Engineering, Finance and Traffic disciplinesof any railway administration and having adequate experience in the relevant discipline as the CentralGovernment may consider necessary.

(4) The Central Government shall also appoint a member who shall be a person from outside therailway administration and having adequate experience in such field as it may consider necessary.]

1. Ins. by Act 47 of 2005, s. 3 (w.e.f. 30-8-2006).

1[4C. Terms and conditions of appointment of Vice-Chairman and other Members. The termsand conditions of appointment of the Vice-Chairman and the other Members of the Authority, other thanthe Chairman, and the manner of filling casual vacancies among them shall be such as may be prescribed.]

1. Ins. by Act 47 of 2005, s. 3 (w.e.f. 30-8-2006).

1[4D. Functions of Authority. (1) The Authority shall discharge such functions and exercise suchpowers of the Central Government in relation to the development of railway land and as are specificallyassigned to it by the Central Government.

(2) In particular, and without prejudice to the generality of the foregoing power, the CentralGovernment may assign to the Authority all or any of the following functions, namely:--

(i) to prepare scheme or schemes for use of railway land in conformity with the provisions of thisAct;

(ii) to develop railway land for commercial use as may be entrusted by the Central Governmentfor the purpose of generating revenue by non-tariff measures;

(iii) to develop and provide consultancy, construction or management services and undertakeoperation in India in relation to the development of land and property;

(iv) to carry out any other work or function as may be entrusted to it by the Central Government,by order in writing.]

1. Ins. by Act 47 of 2005, s. 3 (w.e.f. 30-8-2006).

1[4E. Powers of Authority to enter into agreements and execute contracts. Subject to suchdirections as may be given to it by the Central Government, the Authority shall be empowered to enterinto agreements on behalf of the Central Government and execute contracts.]

1. Ins. by Act 47 of 2005, s. 3 (w.e.f. 30-8-2006).

1[4F. Procedure of transaction of business of Authority. The Authority shall have power toregulate, by means of regulations made by it, its own procedure (including quorum at its meetings) andthe conduct of all business to be transacted by it, the constitution of Committees and Sub-Committees ofMembers and the delegation to them any of the powers (excluding the power to make regulations underthis Chapter) and to perform duties of the Authority.]

1. Ins. by Act 47 of 2005, s. 3 (w.e.f. 30-8-2006).

1[4G. Appointment of officers and other employees of Authority (1) For the purpose of enablingit efficiently to discharge its functions under this Act, the Central Government shall provide the Authoritywith such officers and other employees, and the Authority shall, subject to the rules as may be made bythe Central Government in this behalf, appoint, whether on deputation or otherwise, such number ofofficers and other employees as it may deem necessary.

(2) The salaries and allowances payable to, and the other terms and conditions of service of, theofficers and other employees appointed for the purpose of the Authority, shall be such as may beprescribed.]

1. Ins. by Act 47 of 2005, s. 3 (w.e.f. 30-8-2006).

1[4H. Salaries, allowances, etc., to be defrayed out of Consolidated Fund of India.The salariesand allowances payable to the Vice-Chairman and other Members of the Authority and the administrativeexpenses including the salaries, allowances and pensions payable to the officers and other employees ofthe Authority shall be defrayed out of the Consolidated Fund of India.]

1. Ins. by Act 47 of 2005, s. 3 (w.e.f. 30-8-2006).

1[4-I. Power of Authority to make regulations. (1) The Authority may, with the previous approvalof the Central Government, make regulations, consistent with this Act and the rules made thereunder, forcarrying out the provisions of this Chapter.

(2) Every regulation made by the Authority under this Chapter shall be laid, as soon as may be after itis made, before each House of Parliament, while it is in session for a total period of thirty days which maybe comprised in one session or in two or more successive sessions, and if before the expiry of the sessionimmediately following the session or the successive sessions aforesaid, both Houses agree in making anymodification in the regulation or both Houses agree that the regulation should not be made, the regulationshall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previouslydone under that regulation.]

1. Ins. by Act 47 of 2005, s. 3 (w.e.f. 30-8-2006).

The Central Government may appoint a person to be the Chief Commissioner of Railway Safetyand such other person as it may consider necessary to be the Commissioners of Railway Safety.

The Commissioner shall--

(a) inspect any railway with a view to determine whether it is fit to be opened for the publiccarriage of passengers and report thereon to the Central Government as required by or under this Act;

(b) make such periodical or other inspections of any railway or of any rolling stock used thereonas the Central Government may direct;

(c) make an inquiry under this Act into the cause of any accident on a railway; and

(d) discharge such other duties as are conferred on him by or under this Act.

Subject to the control of the Central Government, the Commissioner,whenever it is necessary so to do for any of the purposes of this Act, may--

(a) enter upon and inspect any railway or any rolling stock used thereon;

(b) by order in writing addressed to a railway administration, require the attendance before him ofany railway servant and to require answers or returns to such inquiries as he thinks fit to make fromsuch railway servant or from the railway administration; and

(c) require the production of any book, document or material object belonging to or in thepossession or control of any railway administration which appears to him to be necessary to inspect.

The Commissioner shall be deemed to be a public servantwithin the meaning of section 21 of the Indian Penal Code (45 of 1860).

A railway administration shall afford to theCommissioner all reasonable facilities for the discharge of the duties or for the exercise of the powersimposed or conferred on him by or under this Act.

The Chief Commissioner of Railway Safety shall prepare ineach financial year an annual report giving a full account of the activities of the Commissioners duringthe financial year immediately preceding the financial year in which such report is prepared and forward,before such date as may be specified by the Central Government, copies thereof to the CentralGovernment, and that Government shall cause that report to be laid, as soon as may be, after its receiptbefore each House of Parliament.

Notwithstanding anythingcontained in any other law for the time being in force, but subject to the provisions of this Act and theprovisions of any law for the acquisition of land for a public purpose or for companies, and subject also,in the case of a non-Government railway, to the provisions of any contract between the non-Governmentrailway and the Central Government, a railway administration may, for the purposes of constructing ormaintaining a railway--

(a) make or construct in or upon, across, under or over any lands, or any streets, hills, valleys,roads, railway, tramways, or any rivers, canals, brooks, streams or other waters, or any drains,water-pipes, gas-pipes, oil-pipes, sewers, electric supply lines, or telegraph lines, such temporary orpermanent inclined-planes, bridges, tunnels, culverts, embankments, adequcts, bridges, roads, lines of rail, ways, passages, conduits, drains, piers, cuttings and fences, in-take wells, tube wells, dams, rivertraining and protection works as it thinks proper;

(b) alter the course of any rivers, brooks, streams or other water courses, for the purpose ofconstructing and maintaining tunnels, bridges, passages or other works over or under them and divertor alter either temporarily or permanently, the course of any rivers, brooks, streams or other watercourses or any roads, streets or ways, or raise or sink the level thereof, in order to carry them moreconveniently over or under or by the side of the railway;

(c) make drains or conduits into, through or under any lands adjoining the railway for the purposeof conveying water from or to the railway;

(d) erect and construct such houses, warehouses, offices and other buildings, and such yards,stations, wharves, engines, machinery apparatus and other works and conveniences as the railwayadministration thinks proper;

¹[(da) developing any railway land for commercial use;]

(e) alter, repair or discontinue such buildings, works and conveniences as aforesaid or any ofthem and substitute others in their stead;

(f) erect, operate, maintain or repair any telegraph and telephone lines in connection with theworking of the railway;

(g) erect, operate, maintain or repair any electric traction equipment, power supply anddistribution installation in connection with the working of the railway; and

(h) do all other acts necessary for making, maintaining, altering or repairing and using therailway.

1 . Ins. by Act 47 of 2005, s. 4 (w.e.f. 30-8-2006).

(1) A railwayadministration may, for the purpose of exercising the powers conferred on it by this Act, alter the positionof any pipe for the supply of gas, water, oil or compressed air, or the position of any electric supply line,drain or sewer:

Provided that before altering the position of any such pipe, electric supply line, drain or sewer, therailway administration shall give a notice indicating the time at which the work of such alteration shallcommence, to the local authority or other person having control over the pipe, electric supply line, drainor sewer.

(2) The railway administration shall execute the work referred to in sub-section (1) to the reasonablesatisfaction of the local authority or the person receiving the notice under the proviso to sub- section (1).

Nothing in sections 11 and 12 shall authorise--

(a) a railway administration of the Government railway to do anything on or to any works, landsor buildings vested in, or in the possession of, a State Government without the consent of thatGovernment; and

(b) a railway administration of a non-Government railway to do anything on or to any works,lands or buildings vested in, or in the possession of, the Central Government or a State Government,without the consent of the Government concerned.

(1)Where in the opinion of a railway administration--

(a) there is imminent danger that any tree, post or structure may fall on the railway so as toobstruct the movement of rolling stock; or

(b) any tree, post, structure or light obstructs the view of any signal provided for movement ofrolling stock; or

(c) any tree, post or structure obstructs any telephone or telegraph line maintained by it,it may take such steps as may be necessary to avert such danger or remove such obstruction and submit areport thereof to the Central Government in such manner and within such time as may be prescribed.

(2) Where in the opinion of a railway administration--

(a) a slip or accident has occurred; or

(b) there is apprehension of any slip or accident to any cutting, embankment or other work on arailway,

it may enter upon any lands adjoining the railway and do all such works as may be necessary for thepurpose of repairing or preventing such slip or accident and submit a report thereof to the CentralGovernment in such manner and within such time as may be prescribed.

(3) The Central Government may, after considering the report under sub-section (1) orsub-section (2), in the interest of public safety, by order, direct the railway administration that furtheraction under sub-section (1) or sub-section (2) shall be stopped or the same shall be subject to suchconditions as may be specified in that order.

(1) No suit shall lie against a railway administrationto recover any amount for any damage or loss caused in the exercise of the powers conferred by any ofthe foregoing provisions of this Chapter.

(2) A railway administration shall pay or tender payment for any damage or loss caused in theexercise of the powers conferred by any of the foregoing provisions of this Chapter, and in case of adispute as to the sufficiency of any amount so paid or tendered or as to the persons entitled to receive theamount, it shall immediately refer the dispute for the decision of the District Judge of the district and hisdecision thereon shall be final:

Provided that where the railway administration fails to make a reference within sixty days from thedate of commencement of the dispute, the District Judge may, on an application made to him by theperson concerned, direct the railway administration to refer the dispute for his decision.

(3) The reference under sub-section (2) shall be treated as an appeal under section 96 of the Code ofCivil Procedure, 1908 (5 of 1908) and shall be disposed of accordingly.

(4) Where any amount has been paid as required by sub-section (2), the railway administration shall,notwithstanding anything in any other law for the time being in force, be discharged from all liabilities toany person whatsoever in respect of any amount so paid.

(1) A railway administration shall make and maintain the followingworks for the accommodation of the owners and occupiers of lands adjoining the railway, namely:--

(a) such crossings, bridges, culverts and passages over, under or by the sides of, or leading to orfrom, the railway as may, in the opinion of the State Government, be necessary for the purpose ofmaking good any interruptions caused by the railway to the use of the lands through which therailway is made; and

(b) all necessary bridges, tunnels, culverts, drains, water sources or other passages, over, under orby the sides of the railway, of such dimensions as will, in the opinion of the State Government, besufficient at all times to convey water as freely from or to the lands lying near or affected by therailway as it was before the making of the railway or as nearly as possible.

(2) Subject to the other provisions of this Act, the works specified in sub-section (1) shall be made atthe cost of the railway administration during or immediately after the laying out or formation of therailway over the lands traversed and in such a manner as to cause as little damage or inconvenience aspossible to persons interested in the lands or affected by the works:

Provided that--

(a) a railway administration shall not be required to make any administration shall be liable toexecute any further or additional the working or using of the railway, or to make any accommodationworks with respect to which the owners or occupiers of the lands have been paid compensation inconsideration of their not requiring the said works to be made;

(b) save as hereinafter, in this Chapter, provided, no railway administration shall be liable toexecute any further or additional accommodation works for the use of the owners or occupiers of thelands after the expiration of ten years from the date on which the railway passing through the landswas first opened for public traffic;

(c) where a railway administration has provided suitable accommodation work for the crossing ofa road or stream and the road or stream is afterwards diverted by the act or neglect of the personhaving the control thereof, the railway administration shall not be compelled to provide any otheraccommodation work for the crossing of such road or stream.

(3) The State Government may specify a date for the commencement of any work to be executedunder sub-section (1) and, if within three months next after that date, the railway administration fails tocommence the work or having commenced it, fails to proceed diligently to execute it, the CentralGovernment shall, on such failure being brought to its notice by the State Government, issue suchdirections to the railway administration as it thinks fit.

Explanation.-- For the purposes of this section, the expression lands shall include public roads.

(1) If an owner or occupier of any land affected by a railwayconsiders the works made under section 16 to be insufficient for the use of the land, or if the StateGovernment or a local authority desires to construct a public road or other work across, under or over arailway, such owner or occupier, or, as the case may be, the State Government or the local authority may,at any time, require the railway administration to make at the expense of the owner or occupier or of theState Government or the local authority, as the case may be, such further accommodation works as areconsidered necessary and are agreed to by the railway administration.

(2) The accommodation works made under sub-section (1) shall be maintained at the cost of theowner or occupier of the land, the State Government or the local authority, at whose request the workswere made.

(3) In the case of any difference of opinion between the railway administration and the owner oroccupier, the State Government or the local authority, as the case may be, in relation to--

(i) the necessity of such further accommodation works; or

(ii) the expenses to be incurred on the construction of such further accommodation works; or

(iii) the quantum of expenses on the maintenance of such further accommodation works,

it shall be referred to the Central Government whose decision thereon shall be final.

The Central Government may, within such time as may be specified byit or within such further time, as it may grant, require that--

(a) boundary marks or fences be provided or renewed by a railway administration for a railway orany part thereof and for roads constructed in connection therewith;

(b) suitable gates, chains, bars, stiles or hand-rails be erected or renewed by a railwayadministration at level crossings;

(c) persons be employed by a railway administration to open and shut gates, chains or bars.

(1) Where a railway administration has constructed lines ofrails across a public road at the same level, the State Government or the local authority maintaining theroad, may, at any time, in the interest of public safety, require the railway administration to take the roadeither under or over the railway by means of a bridge or arch with convenient ascents and descents andother convenient approaches, instead of crossing the road on the level, or to execute such other works asmay, in the circumstances of the case, appear to the State Government or the local authority maintainingthe road to be best adapted for removing or diminishing the danger arising from the level crossing.

(2) The railway administration may require the State Government or the local authority, as the casemay be, as a condition of executing any work under sub-section (1), to undertake to pay the whole of the cost of the work and the expense of maintaining the work, to the railway administration or suchproportion of the cost and expenses as the Central Government considers just and reasonable.

(3) In the case of any difference of opinion between the railway administration and the StateGovernment or the local authority, as the case may be, over any of the matters mentioned insub-section (1), it shall be referred to the Central Government, whose decision thereon shall be final.

Notwithstanding anythingcontained in any other law, the Central Government may, if it is of the opinion that any work undertakenor may be undertaken, is likely to alter or impede the natural course of water flow or cause an increase inthe volume of such flow endangering any cutting, embankment or other work on a railway, issuedirections in writing to any person, officer or authority responsible for such work to close, regulate orprohibit that work.

¹[20A. Power to acquire land, etc. (1) Where the Central Government is satisfied that for a publicpurpose any land is required for execution of a special railway project, it may, by notification, declare itsintention to acquire such land.

(2) Every notification under sub-section (1), shall give a brief description of the land and of thespecial railway project for which the land is intended to be acquired.

(3) The State Government or the Union territory, as the case may be, shall for the purposes of thissection, provide the details of the land records to the competent authority, whenever required.

(4) The competent authority shall cause the substance of the notification to be published in two localnewspapers, one of which shall be in a vernacular language.]

1 Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008).

1[20B. Power to enter for survey, etc. On the issue of a notification under sub-section (1) ofsection 20A, it shall be lawful for any person, authorised by the competent authority in this behalf, to--

(a) make any inspection, survey, measurement, valuation or enquiry;

(b) take levels;

(c) dig or bore into sub-soil;

(d) set out boundaries and intended lines of work;

(e) mark such levels, boundaries and lines placing marks and cutting trenches; or

(f) do such other acts or things as may be considered necessary by the competent authority.]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

1[20C. Evaluation of damages during survey, measurement, etc. The damages caused whilecarrying out works on land such as survey, digging or boring sub-soil, marking boundaries or cuttingtrenches or clearing away any standing crop, fence or forest or doing such other acts or things which maycause damages while acting under section 20B particularly relating to land which is excluded fromacquisition proceeding, shall be evaluated and compensation shall be paid to the persons having interest inthat land, within six months from the completion of the said works.]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

1[20D. Hearing of objections, etc. (1) Any person interested in the land may, within a period ofthirty days from the date of publication of the notification under sub-section (1) of section 20A, object tothe acquisition of land for the purpose mentioned in that sub-section.

(2) Every objection under sub-section, (1), shall be made to the competent authority in writing, andshall set out the grounds thereof and the competent authority shall give the objector an opportunity ofbeing heard, either in person or by a legal practitioner, and may, after hearing all such objections and aftermaking such further enquiry, if any, as the competent authority thinks necessary, by order, either allow ordisallow the objections.

Explanation.-- For the purposes of this sub-section, "legal practitioner" has the same meaning as inclause (i) of sub-section (1) of section 2 of the Advocates Act, 1961(25 of 1961).

(3) Any order made by the competent authority under sub-section (2) shall be final]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

1[20E. Declaration of acquisition. (1) Where no objection under sub-section (1) of section 20D hasbeen made to the competent authority within the period specified therein or where the competentauthority has disallowed the objections under sub-section (2) of that section, the competent authorityshall, as soon as may be, submit a report accordingly to the Central Government and on receipt of suchreport, the Central Government shall declare, by notification, that the land should be acquired for thepurpose mentioned in sub-section (1) of section 20A.

(2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in theCentral Government free from all encumbrances.

(3) Where in respect of any land, a notification has been published under sub-section (1) ofsection 20A for its acquisition, but no declaration under sub-section (1) of this section has been publishedwithin a period of one year from the date of publication of that notification, the said notification shallcease to have any effect:

Provided that in computing the said period of one year, the period during which any action orproceedings to be taken in pursuance of the notification issued under sub-section (1) of section 20A isstayed by an order of a court shall be excluded.

(4) A declaration made by the Central Government under sub-section (1) shall not be called inquestion in any court or by any other authority.]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

1[20F. Determination of amount payable as compensation. (1) Where any land is acquired underthis Act, there shall be paid an amount which shall be determined by an order of the competent authority.

(2) The competent authority shall make an award under this section within a period of one year fromthe date of the publication of the declaration and if no award is made within that period, the entireproceedings for the acquisition of the land shall lapse:

Provided that the competent authority may, after the expiry of the period of limitation, if he issatisfied that the delay has been caused due to unavoidable circumstances, and for the reasons to berecorded in writing, he may make the award within an extended period of six months:

Provided further that where an award is made within the extended period, the entitled person shall, inthe interest of justice, be paid an additional compensation for the delay in making of the award, everymonth for the period so extended, at the rate of not less than five per cent. of the value of the award, foreach month of such delay.

(3) Where the right of user or any right in the nature of an easement on, any land is acquired underthis Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in thatland has been affected in any manner whatsoever by reason of such acquisition, an amount calculated atten per cent. of the amount determined under sub-section (1), for that land.

(4) Before proceeding to determine the amount under sub-section (1) or sub-section (3), as the casemay be, the competent authority shall give a public notice published in two local newspapers, one ofwhich shall be in a vernacular language inviting claims from all persons interested in the land to beacquired.

(5) Such notice shall state the particulars of the land and shall require all persons interested in suchland to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) ofsection 20D, before the competent authority, at a time and place and to state the nature of their respectiveinterest in such land.

(6) If the amount determined by the competent authority under sub-section (1) or as the case may be,sub-section (3) is not acceptable to either of the parties, the amount shall, on an application by either ofthe parties, be determined by the arbitrator to be appointed by the Central Government in such manner asmay be prescribed.

(7) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996(26 of 1996) shall apply to every arbitration under this Act.

(8) The competent authority or the arbitrator while determining the amount of compensation undersub-section (1) or sub-section (6), as the case may be, shall take into consideration--

(a) the market value of the land on the date of publication of the notification under section 20A;

(b) the damage, if any sustained by the person interested at the time of taking possession of theland, by reason of the severing of such land from other land;

(c) the damage, if any, sustained by the person interested at the time of taking possession of theland, by reason of the acquisition injuriously affecting his other immovable property in any manner,or his earnings;

(d) if, in consequences of the acquisition of the land, the person interested is compelled to changehis residence or place of business, the reasonable expenses, if any, incidental to such change.

(9) In addition to the market-value of the land as above provided, the competent authority or thearbitrator, as the case may be, shall in every case award a sum of sixty per centum on such market-value,in consideration of the compulsory nature of the acquisition.]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

1[20G. Criterion for determination of market-value of land. (1) The competent authority shalladopt the following criteria in assessing and determining the market-value of the land,--

(i) the minimum land value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899), for theregistration of sale deeds in the area, where the land is situated; or

(ii) the average of the sale price for similar type of land situated in the village or vicinity,ascertained from not less than fifty per cent. of the sale deeds registered during the preceding threeyears, where higher price has been paid,whichever is higher.

(2) Where the provisions of sub-section (1) are not applicable for the reason that:

(i) the land is situated in such area where the transactions in land are restricted by or under anyother law for the time being in force in that area; or--

(ii) the registered sale deeds for similar land as mentioned in clause (i) of sub-section (1) are notavailable for the preceding three years; or

(iii) the minimum land value has not been specified under the Indian Stamp Act, 1899 (2 of 1899)by the appropriate authority,the concerned State Government shall specify the floor price per unit area of the said land based on theaverage higher prices paid for similar type of land situated in the adjoining areas or vicinity, ascertainedfrom not less than fifty per cent. of the sale deeds registered during the preceding three years wherehigher price has been paid, and the competent authority may calculate the value of the land accordingly.

(3) The competent authority shall, before assessing and determining the market-value of the landbeing acquired under this Act--br(a) ascertain the intended land use category of such land; and

(b) take into account the value of the land of the intended category in the adjoining areas orvicinity,for the purpose of determination of the market-value of the land being acquired.

(4) In determining the market-value of the building and other immovable property or assets attachedto the land or building which are to be acquired, the competent authority may use the services of acompetent engineer or any other specialist in the relevant field, as may be considered necessary by thecompetent authority.

(5) The competent authority may, for the purpose of determining the value of trees and plants, use theservices of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any otherfield, as may be considered necessary by him.

(6) For the purpose of assessing the value of the standing crops damaged during the process of landacquisition proceedings, the competent authority may utilise the services of experienced persons in thefield of agriculture as he considers necessary.]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

1[20H. Deposit and payment of amount. (1) The amount determined under section 20F shall bedeposited by the Central Government, in such manner as may be prescribed by that Government, with thecompetent authority before taking possession of the land.

(2) As soon as may be after the amount has been deposited under sub-section (1), the competentauthority shall on behalf of the Central Government pay the amount to the person or persons entitledthereto.

(3) Where several persons claim to be interested in the amount deposited under sub-section (1), thecompetent authority shall determine the persons who in its opinion are entitled to receive the amountpayable to each of them.

(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person towhom the same or any part thereof is payable, the competent authority shall refer the dispute to thedecision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the landis situated.

(5) Where the amount determined under section 20F by the arbitrator is in excess of the amountdetermined by the competent authority, the arbitrator may award interest at nine per cent. per annum onsuch excess amount from the date of taking possession under section 20-I till the date of actual depositthereof.

(6) Where the amount determined by the arbitrator is in excess of the amount determined by thecompetent authority, the excess amount together with interest, if any, awarded under sub-section (5) shallbe deposited by the Central Government, in such manner as may be prescribed by that Government, withthe competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit.]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

1[20-I Power to take possession. (1) Where any land has vested in the Central Government undersub-section (2) of section 20E, and the amount determined by the competent authority under section 20Fwith respect to such land has been deposited under sub-section (1) of section 20H with the competentauthority by the Central Government, the competent authority may, by notice in writing, direct the owneras well as any other person who may be in possession of such land to surrender or deliver possessionthereof the competent authority or any person duly authorised by it in this behalf within a period of sixtydays of the service of the notice.

(2) If any person refuses or fails to comply with any direction made under sub-section (1), thecompetent authority shall apply--

(a) in case of any land situated in any area falling within the metropolitan area, to theCommissioner of Police;

(b) in case of any land situated in any area other than the area referred to in clause (a), to theCollector of a district,

and such Commissioner or Collector, as the case may be, shall enforce the surrender of the land, to thecompetent authority or to the person duly authorised by it.]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

1[20J. Right to enter into land where land has vested in Central Government. Where the land hasvested in the Central Government under section 20E, it shall be lawful for any person authorised by theCentral Government in this behalf, to enter and do other act necessary upon the land for carrying out thebuilding, maintenance, management or operation of the special railway project or part thereof or any otherwork connected therewith.]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

1[20K. Competent authority to have certain powers of civil court. The competent authority shallhave, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code ofCivil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) reception of evidence on affidavits;

(d) requisitioning any public record from any court or office;

(e) issuing commission for examination of witnesses.]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

1[20L. Utilisation of land for the purpose it is acquired. --(1) The land acquired under this Act shallnot be transferred to any other purpose except for a public purpose, and after obtaining the prior approvalof the Central Government.

(2) When any land or part thereof, acquired under this Act remains unutilised for a period of fiveyears from the date of taking over the possession, the same shall return to the Central Government byreversion.]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

1[20M. Sharing with landowners the difference in price of a land when transferred for a higherconsideration. Whenever any land acquired under this Act is transferred to any person for aconsideration, eighty per cent. of the difference in the acquisition cost and the consideration received,which in no case shall be less than the acquisition cost, shall be shared amongst the persons from whomthe lands were acquired or their heirs, in proportion to the value at which the lands were acquired, and forthe purpose, a separate fund may be maintained which shall be administered by the competent authority insuch manner as may be prescribed by the Central Government.]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

1[20N. Land Acquisition Act 1 of 1894 not to apply. Nothing in the Land Acquisition Act, 1894shall apply to an acquisition under this Act.]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

1[20-O. Application of the National Rehabilitation and Resettlement Policy, 2007 to personsaffected due to land acquisition. The provisions of the National Rehabilitation and ResettlementPolicy, 2007 for project affected families, notified by the Government of India in the Ministry of RuralDevelopment vide number F. 26011/4/2007- LRD dated the 31st October, 2007, shall apply in respect ofacquisition of land by the Central Government under this Act.]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

1[20P. Power to make rules in respect of matters in this Chapter. (1) The Central Governmentmay, by notification, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:--

(a) the manner of appointment of arbitrator under sub-section (6) of section 20F;

(b) the manner in which the amount shall be deposited with the competent authority undersub-sections (1) and (6) of section 20H;

(c) the manner of maintenance and administration of separate fund for the purposes ofsection 20M.]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

No railway shall be openedfor the public carriage of passengers until the Central Government has, by order, sanctioned the openingthereof for that purpose.

(1) TheCentral Government shall, before giving its sanction to the opening of a railway under section 21, obtain areport from the Commissioner that--

(a) he has made a careful inspection of the railway and the rolling stock that may be used thereon;

(b) the moving and fixed dimensions as laid down by the Central Government have not beeninfringed;

(c) the structure of lines of rails, strength of bridges, general structural character of the works andthe size of, and maximum gross load upon, the axles of any rolling stock, comply with therequirements laid down by the Central Government; and

(d) in his opinion, the railway can be opened for the public carriage of passengers without anydanger to the public using it.

(2) If the Commissioner is of the opinion that the railway cannot be opened without any danger to thepublic using it, he shall, in his report, state the grounds therefor, as also the requirements which, in hisopinion, are to be complied with before sanction is given by the Central Government.

(3) The Central Government, after considering the report of the Commissioner, may sanction theopening of a railway under section 21 as such or subject to such conditions as may be considerednecessary by it for the safety of the public.

The provisions of sections 21and 22 shall apply to the opening of the following works if they form part of, or are directly connectedwith, a railway used for the public carriage of passengers and have been constructed subsequent to thegiving of a report by the Commissioner under section 22, namely:--

(a) opening of additional lines of railway and deviation lines;

(b) opening of stations, junctions and level crossings;

(c) re-modelling of yards and re-building of bridges;

(d) introduction of electric traction; and

(e) any alteration or reconstruction materially affecting the structural character of any work towhich the provisions of sections 21 and 22 apply or are extended by this section.

When an accident has occurred on a railway resulting in atemporary suspension of traffic, and either the original lines of rails and works have been restored to theiroriginal standard or a temporary diversion has been laid for the purpose of restoring communication, theoriginal lines of rails and works so restored, or the temporary diversion, as the case may be, may, withoutprior inspection by the Commissioner, be opened for the public carriage of passengers, subject to thefollowing conditions, namely:--

(a) the railway servant incharge of the works undertaken by reason of the accident has certified inwriting that the opening of the restored lines of rails and works, or of the temporary diversion will notin his opinion be attended with danger to the public; and

(b) a notice of the opening of the lines of rails and works or the diversion shall be sentimmediately to the Commissioner.

Where, after theinspection of any railway opened and used for the public carriage of passengers or any rolling stock usedthereon, the Commissioner is of the opinion that the use of the railway or of any rolling stock will beattended with danger to the public using it, the Commissioner shall send a report to the CentralGovernment who may thereupon direct that--

(i) the railway be closed for the public carriage of passengers; or

(ii) the use of the rolling stock be discontinued; or

(iii) the railway or the rolling stock may be used for the public carriage of passengers subject tosuch conditions as it may consider necessary for the safety of the public.

When the Central Government has, under section 25, directedthe closure of a railway or the discontinuance of the use of any rolling stock--

(a) the railway shall not be re-opened for the public carriage of passengers until it has beeninspected by the Commissioner and its re-opening is sanctioned in accordance with the provisions ofthis Chapter; and

(b) the rolling stock shall not be used until it has been inspected by the Commissioner and itsre-use is sanctioned in accordance with the provisions of this Chapter.

A railway administration may use such rolling stock as it may considernecessary for the construction, operation and working of a railway:

Provided that before using any rolling stock of a design or type different from that already running onany section of the railway, the previous sanction of the Central Government shall be obtained for suchuse:

Provided further that before giving any such sanction, the Central Government shall obtain a reportfrom the Commissioner that he has made a careful inspection of the rolling stock and, in his opinion, suchrolling stock can be used.

The Central Government may, by notification, direct that any of itspowers or functions under this Chapter, except section 29, or the rules made thereunder shall, in relationto such matters and subject to such conditions, if any, as may be specified in the notification, be exercisedor discharged also by a Commissioner.

(1) The Central Government may,by notification, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:--

(a) the duties of a railway administration and the Commissioner in regard to the opening of arailway for the public carriage of passengers;

(b) the arrangements to be made for and the formalities to be complied with before opening arailway for the public carriage of passengers;

(c) for regulating the mode in which, and the speed at which rolling stock used on railways is tobe moved or propelled; and

(d) the cases in which and the extent to which the procedure provided in this Chapter may bedispensed with.

(1) The Central Government may, from time to time, by general or specialorder fix, for the carriage of passengers and goods, rates for the whole or any part of the railway anddifferent rates may be fixed for different classes of goods and specify in such order the conditions subjectto which such rates shall apply.

(2) The Central Government may, by a like order, fix the rates of any other charges incidental to orconnected with such carriage including demurrage and wharfage for the whole or any part of the railwayand specify in the order the conditions subject to which such rates shall apply.

The Central Government shall have power to--

(a) classify or reclassify any commodity for the purpose of determining the rates to be charged forthe carriage of such commodities; and

(b) increase or reduce the class rates and other charges.

Notwithstanding anythingcontained in this Chapter, a railway administration may, in respect of the carriage of any commodity andsubject to such conditions as may be specified,--

(a) quote a station to station rate;

(b) increase or reduce or cancel, after due notice in the manner determined by the CentralGovernment, a station to station rate, not being a station to station rate introduced in compliance withan order made by the Tribunal;

(c) withdraw, alter or amend the conditions attached to a station to station rate other thanconditions introduced in compliance with an order made by the Tribunal; and

(d) charge any lump sum rate.

¹[33. Tribunal. The Railway Claims Tribunal established under section 3 of the Railway ClaimsTribunal Act, 1987 (54 of 1987) shall, on and from the commencement of Part XIV of Chapter VI of theFinance Act, 2017, be the Tribunal for the purposes of this Act and the said Tribunal shall exercise thejurisdiction, authority and powers conferred on it by or under this Act.]

1 Subs. by s. 163, ibid., for section 33 (w.e.f. 26-5-2017).

34. [Staff of the Tribunal.] Omitted by the Finance Act, 2017 (7 of 2017), s. 163 (w.e.f. 26-5-2017).

35. [Sittings of the Tribunal.] Omitted by s. 163, ibid. (w.e.f. 26-5-2017).

Any complaint that a railway administration--

(a) is contravening the provisions of section 70; or

(b) is charging for the carriage of any commodity between two stations a rate which isunreasonable; or

(c) is levying any other charge which is unreasonable,

may be made to the Tribunal, and the Tribunal shall hear and decide any such complaint in accordancewith the provisions of this Chapter.

Nothing in this Chapter shall conferjurisdiction on the Tribunal in respect of--

(a) classification or re-classification of any commodity;

(b) fixation of wharfage and demurrage charges (including conditions attached to such charges);

(c) fixation of fares levied for the carriage of passengers and freight levied for the carriage ofluggage, parcels, railway material and military traffic; and

(d) fixation of lump sum rates.

(1) The Tribunal shall have the powers of a civil court under the Codeof Civil Procedure, 1908 (5 of 1908) for the purposes of taking evidence on oath, enforcing the attendanceof witnesses, compelling the discovery and production of documents, issuing commissions for theexamination of witnesses and of review and shall be deemed to be a civil court for all the purposes ofsection 195 and Chapter XXXV of the Code of Criminal Procedure, 1973(2 of 1974) and any reference in such section or chapter to the presiding officer of a court shall be deemedto include a reference to the Chairman of the Tribunal.

(2) The Tribunal shall also have power to pass such interim and final orders as the circumstances mayrequire, including orders for the payment of costs.

Notwithstanding anything contained in section 37, the CentralGovernment may make a reference to the Tribunal in respect of any of the matter specified in that section and where any such reference is made in respect of any such matter, the Tribunal shall make an inquiryinto that matter and submit its report thereon to the Central Government.

(1) The Central Government shall give to theTribunal such assistance as it may require and shall also place at its disposal any information in thepossession of the Central Government which that Government may think relevant to any matter before theTribunal.

(2) Any person duly authorised in this behalf by the Central Government shall be entitled to appearand be heard in any proceedings before the Tribunal.

In the case of any complaint under clause (a) of section 36,--

(a) whenever it is shown that a railway administration charges one trader or class of traders or thetraders in any local area, lower rates for the same or similar goods or lower charges for the same orsimilar services than it charges to other traders in any other local area, the burden of providing thatsuch lower rate or charge does not amount to an undue preference, shall lie on the railwayadministration;

(b) in deciding whether a lower rate or charge does not amount to an undue preference, theTribunal may, in addition to any other considerations affecting the case, take into considerationwhether such lower rate or charge is necessary in the interests of the public.

The decisions or orders of the Tribunal shall be by a majorityof the members sitting and shall be final.

No suit shall be instituted or proceeding taken in respect of anymatter which the Tribunal is empowered to deal with, or decide, under this Chapter.

In the case of any complaint made under clause (b) orclause (c) of section 36, the Tribunal may--

(i) fix such rate or charge as it considers reasonable from any date as it may deem proper, notbeing a date earlier to the date of the filing of the complaint;

(ii) direct a refund of amount, if any, as being the excess of the rate or charge fixed by theTribunal under clause (i).

Where a railway administration considers thatsince the date of decision by the Tribunal, there has been a material change in the circumstances on whichit was based, it may, after the expiry of one year from such date, make an application to the Tribunal andthe Tribunal may, after making such inquiry as it considers necessary, vary or revoke the decision.

The Tribunal may transmit any decision ororder made by it to a civil court having local jurisdiction and such civil court shall execute the decision ororder as if it were a decree made by that court.

The Tribunal shall present annually a report to the CentralGovernment of all its proceedings under this Chapter.

(1) The Tribunal may, with the previous approvalof the Central Government, make regulations consistent with this Act and rules generally to regulate itsprocedure for the effective discharge of its functions under this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations mayprovide for all or any of the following matters, namely:--

1

(b) the award of costs by the Tribunal in any proceedings before it;

(c) the reference of any question to a member or to an officer of the Tribunal or any other personappointed by the Tribunal, for report after holding a local inquiry;

(d) the right of audience before the Tribunal, provided that any party shall be entitled to be heardin person, or by a representative duly authorised in writing, or by a legal practitioner;

(e) the disposal by the Tribunal of any proceedings before it, notwithstanding that in the coursethereof there has been a change in the persons sitting as members of the Tribunal;

(f) a scale of fees for and in connection with the proceedings before the Tribunal.

1. Clause (a) omitted by Act 7 of 2017, s.163 (w.e.f. 26-5-2017).

(1) Every railway administrationshall cause to be pasted in a conspicuous and accessible place at every station in Hindi and English andalso in the regional language commonly in use in the area where the station is situated,--

(i) a table of times of arrival and departure of trains which carry passengers and stop at thatstation; and

(ii) list of fares from such station to such other stations as it may consider necessary.

(2) At every station where tickets are issued to passengers, a copy of the time table in force shall bekept in the office of the station master.

(1) Any person desirous of travelling on a railway shall,upon payment of the fare, be supplied with a ticket by a railway servant or an agent authorised in thisbehalf and such ticket shall contain the following particulars, namely:--

(i) the date of issue;

(ii) the class of carriage;

(iii) the place from and the place to which it is issued; and

(iv) the amount of the fare.

(2) Every railway administration shall display the hours during which booking windows at a stationshall be kept open for the issue of tickets to passengers.

(3) The particulars required to be specified on a ticket under clauses (ii) and (iii) of sub-section (1)shall,--

(a) if it is for the lowest class of carriage, be set forth in Hindi, English and the regional languagecommonly in use at the place of issue of the ticket; and

(b) if it is for any other class of carriage, be set forth in Hindi and English:

Provided that where it is not feasible to specify such particulars in any such language due tomechanisation or any other reason, the Central Government may exempt such particulars being specifiedin that language.

(1) A ticket shall be deemed to have been issued subject to the condition ofavailability of accommodation in the class of carriage and the train for which the ticket is issued.

(2) If no accommodation is available in the class of carriage for which a ticket is issued, and theholder thereof travels in a carriage of a lower class, he shall, on returning such ticket, be entitled to arefund of the difference between the fare paid by him and the fare payable for the class of carriage inwhich he travels.

If a ticket is returned for cancellation, the railwayadministration shall cancel the same and refund such amount as may be prescribed.

A ticket issued in the name of a person shall beused only by that person:

Provided that nothing contained in this section shall prevent mutual transfer of a seat or berth bypassengers travelling by the same train:

Provided further that a railway servant authorised in this behalf may permit change of name of apassenger having reserved a seat or berth subject to such circumstances as may be prescribed.

Every passenger shall, on demand by anyrailway servant authorised in this behalf, present his pass or ticket to such railway servant for examinationduring the journey or at the end of the journey and surrender such ticket--

(a) at the end of the journey, or

(b) if such ticket is issued for a specified period, on the expiration of such period.

(1) No person shall enter or remain inany carriage on a railway for the purpose of travelling therein as a passenger unless he has with him aproper pass or ticket or obtained permission of a railway servant authorised in this behalf for such travel.

(2) A person obtaining permission under sub-section (1) shall ordinarily get a certificate from therailway servant referred to in that sub-section that he has been permitted to travel in such carriage oncondition that he subsequently pays the fare payable for the distance to be travelled.

(1) Aperson suffering from such infectious or contagious diseases, as may be prescribed, shall not enter orremain in any carriage on a railway or travel in a train without the permission of a railway servantauthorised in this behalf.

(2) The railway servant giving permission under sub-section (1), shall arrange for the separation ofthe person suffering from such disease from other persons in the train and such person shall be carried inthe train subject to such other conditions as may be prescribed.

(3) Any person who enters or remains in any carriage or travels in a train without permission asrequired under sub-section (1) or in contravention of any condition prescribed under sub-section (2), suchperson and a person accompanying him shall be liable to the forfeiture of their passes or tickets andremoval from railway by any railway servant.

Subject to the approval of theCentral Government, every railway administration shall fix the maximum number of passengers whichmay be carried in each compartment of every description of carriage, and shall exhibit the number sofixed in a conspicuous manner inside or outside each compartment in Hindi, English and also in one ormore of the regional languages commonly in use in the areas served by the railway.

Every railway administration shall, in everytrain carrying passengers, earmark for the exclusive use of females, one compartment or such number ofberths or seats, as the railway administration may think fit.

A railwayadministration shall provide and maintain in every train carrying passengers, such efficient means ofcommunication between the passengers and the railway servant in charge of the train as may be approvedby the Central Government:

Provided that where the railway administration is satisfied that the means of communication providedin a train are being misused, it may cause such means to be disconnected in that train for such period as itthinks fit:

Provided further that the Central Government may specify the circumstances under which a railwayadministration may be exempted from providing such means of communication in any train.

(1) The Central Government may,by notification, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:--

(a) the convenience and accommodation (including the reservation of seats or berths in trains) topassengers;

(b) the amount of refund for the cancellation of a ticket;

(c) the circumstances under which change of names of passengers, having reserved seats orberths, may be permitted;

(d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloakrooms at the stations;

(e) diseases which are infectious or contagious;

(f) the conditions subject to which a railway administration may carry passengers suffering frominfectious or contagious diseases and the manner in which carriages used by such passengers may bedisinfected;

(g) generally, for regulating the travelling upon, and the use, working and management of therailways.

(3) Any rule made under this section may provide that a contravention thereof shall be punishablewith fine which shall not exceed five hundred rupees.

(4) Every railway administration shall keep at every station on its railway a copy of all the rules madeunder this section and shall also allow any person to inspect it free of charge.

Every railway administration shallmaintain, at each station and at such other places where goods are received for carriage, the rate-books orother documents which shall contain the rate authorised for the carriage of goods from one station toanother and make them available for the reference of any person during all reasonable hours withoutpayment of any fee.

(1) A railway administration may impose conditions,not inconsistent with this Act or any rules made thereunder, with respect to the receiving, forwarding,carrying or delivering of any goods.

(2) A railway administration shall maintain, at each station and at such other places where goods arereceived for carriage, a copy of the conditions for the time being in force under sub-section (1) and makethem available for the reference of any person during all reasonable hours without payment of any fee.

(1) Where any goods are entrusted to a railway administration forcarriage, such carriage shall, except where owner's risk rate is applicable in respect of such goods, be atrailway risk rate.

(2) Any goods, for which owner's risk rate and railway risk rate are in force, may be entrusted forcarriage at either of the rates and if no rate is opted, the goods shall be deemed to have been entrusted atowner's risk rate.

(1) Every person entrusting any goods to a railway administration forcarriage shall execute a forwarding note in such form as may be specified by the Central Government:

Provided that no forwarding note shall be executed in the case of such goods as may be prescribed.

(2) The consignor shall be responsible for the correctness of the particulars furnished by him in theforwarding note.

(3) The consignor shall indemnify the railway administration against any damage suffered by it byreason of the incorrectness or incompleteness of the particulars in the forwarding note.

(1) A railway administration shall,--

(a) in a case where the goods are to be loaded by a person entrusting such goods, on thecompletion of such loading; or

(b) in any other case, on the acceptance of the goods by it, issue a railway receipt in such form asmay be specified by the Central Government.

(2) A railway receipt shall be prima facie evidence of the weight and the number of packages statedtherein:

Provided that in the case of a consignment in wagon-load or train-load and the weight or the numberof packages is not checked by a railway servant authorised in this behalf, and a statement to that effect isrecorded in such railway receipt by him, the burden of proving the weight or, as the case may be, thenumber of packages stated therein, shall lie on the consignor, the consignee or the endorsee.

(1) The owner or a personhaving charge of any goods which are brought upon a railway for the purposes of carriage by railway, andthe consignee or the endorsee of any consignment shall, on the request of any railway servant authorisedin this behalf, deliver to such railway servant a statement in writing signed by such owner or person or bysuch consignee or endorsee, as the case may be, containing such description of the goods as would enablethe railway servant to determine the rate for such carriage.

(2) If such owner or person refuses or neglects to give the statement as required under sub-section (1)and refuses to open the package containing the goods, if so required by the railway servant, it shall beopen to the railway administration to refuse to accept such goods for carriage unless such owner or personpays for such carriage the highest rate for any class of goods.

(3) If the consignee or endorsee refuses or neglects to give the statement as required undersub-section (1) and refuses to open the package containing the goods, if so required by the railwayservant, it shall be open to the railway administration to charge in respect of the carriage of the goods thehighest rate for any class of goods.

(4) If the statement delivered under sub-section (1) is materially false with respect to the descriptionof any goods to which it purports to relate, the railway administration may charge in respect of thecarriage of such goods such rate, not exceeding double the highest rate for any class of goods as may bespecified by the Central Government.

(5) If any difference arises between a railway servant and such owner or person, the consignee or theendorsee, as the case may be, in respect of the description of the goods for which a statement has beendelivered under sub-section (1), the railway servant may detain and examine the goods.

(6) Where any goods have been detained under sub-section (5) for examination and upon suchexamination it is found that the description of the goods is different from that given in the statementdelivered under sub-section (1), the cost of such detention and examination shall be borne by such owneror person, the consignee or the endorsee, as the case may be, and the railway administration shall not beliable for any loss, damage or deterioration which may be caused by such detention or examination.

(1) No person shall take with him on a railway, orrequire a railway administration to carry such dangerous or offensive goods, as may be prescribed, exceptin accordance with the provisions of this section.

(2) No person shall take with him on a railway the goods referred to in sub-section (1) unless he givesa notice in writing of their dangerous or offensive nature to the railway servant authorised in this behalf.

(3) No person shall entrust the goods referred to in sub-section (1) to a railway servant authorised inthis behalf for carriage unless he distinctly marks on the outside of the package containing such goodstheir dangerous or offensive nature and gives a notice in writing of their dangerous or offensive nature tosuch railway servant.

(4) If any railway servant has reason to believe that goods contained in a package are dangerous oroffensive and notice as required under sub-section (2) or sub-section (3), as the case may be, in respect of such goods is not given, he may cause such package to be opened for the purpose of ascertaining itscontents.

(5) Notwithstanding anything contained in this section, any railway servant may refuse to accept anydangerous or offensive goods for carriage or stop, in transit, such goods or cause the same to be removed,as the case may be, if he has reason to believe that the provisions of this section for such carriage are notcomplied with.

(6) Nothing in this section shall be construed to derogate from the provisions of the Indian ExplosivesAct, 1884 (4 of 1884), or any rule or order made under that Act, and nothing in sub-sections (4) and (5)shall be construed to apply to any goods entrusted for carriage by order or on behalf of the Government orto any goods which a soldier, sailor, airman or any other officer of the armed forces of the Union or apolice officer or a member of the Territorial Army or of the National Cadet Corps may take with him on arailway in the course of his employment or duty as such.

A railwayadministration shall not be bound to carry any animal suffering from such infectious or contagious diseaseas may be prescribed.

Where due to any cause beyond the control of a railway administration ordue to congestion in the yard or any other operational reasons, goods are carried over a route other thanthe route by which such goods are booked, the railway administration shall not be deemed to havecommitted a breach of the contract of carriage by reason only of the deviation of the route.

A railway administration shall not make or give any undueor unreasonable preference or advantage to, or in favour of, any particular person or any particulardescription of traffic in the carriage of goods.

(1) The Central Governmentmay, if it is of the opinion that it is necessary in the public interest so to do, by general or special order,direct any railway administration--

(a) to give special facilities for, or preference to, the carriage of such goods or class of goodsconsigned by or to the Central Government or the Government of any State or of such other goods orclass of goods;

(b) to carry any goods or class of goods by such route or routes and at such rates;

(c) to restrict or refuse acceptance of such goods or class of goods at or to such station forcarriage,as may be specified in the order.

(2) Any order made under sub-section (1) shall cease to have effect after the expiration of a period ofone year from the date of such order, but may, by a like order, be renewed from time to time for suchperiod not exceeding one year at a time as may be specified in the order.

(3) Notwithstanding anything contained in this Act, every railway administration shall be bound tocomply with any order given under sub-section (1) and any action taken by a railway administration inpursuance of any such order shall not be deemed to be a contravention of section 70.

(1) The gross weight of every wagon ortruck bearing on the axles when the wagon or truck is loaded to its maximum carrying capacity shall notexceed such limit as may be fixed by the Central Government for the class of axle under the wagon ortruck.

(2) Subject to the limit fixed under sub-section (1), every railway administration shall determine thenormal carrying capacity for every wagon or truck in its possession and shall exhibit in words and figuresthe normal carrying capacity so determined in a conspicuous manner on the outside of every such wagonor truck.

(3) Every person owning a wagon or truck which passes over a railway shall determine and exhibitthe normal carrying capacity for the wagon or truck in the manner specified in sub-section (2).

(4) Notwithstanding anything contained in sub-section (2) or sub-section (3), where a railwayadministration considers it necessary or expedient so to do in respect of any wagon or truck carrying anyspecified class of goods or any class of wagons or trucks of any specified type, it may vary the normalcarrying capacity for such wagon or truck or such class of wagons or trucks and subject to such conditionsas it may think fit to impose, determine for the wagon or truck or class of wagons or trucks such carryingcapacity as may be specified in the notification and it shall not be necessary to exhibit the words andfigures representing the carrying capacity so determined on the outside of such wagon or truck or suchclass of wagons or trucks.

Where a person loads goods in a wagon beyond itspermissible carrying capacity as exhibited under sub-section (2) or sub-section (3), or notified undersub-section (4), of section 72, a railway administration may, in addition to the freight and other charges,recover from the consignor, the consignee or the endorsee, as the case may be, charges by way of penaltyat such rates, as may be prescribed, before the delivery of the goods:

Provided that it shall be lawful for the railway administration to unload the goods loaded beyond thecapacity of the wagon, if detected at the forwarding station or at any place before the destination station and to recover the cost of such unloading and any charge for the detention of any wagon on this account.

The property in theconsignment covered by a railway receipt shall pass to the consignee or the endorsee, as the case may be,on the delivery of such railway receipt to him and he shall have all the rights and liabilities of theconsignor.

Nothing containedin section 74 shall prejudice or affect--

(a) any right of the consignor for stoppage of goods in transit as an unpaid vendor (as definedunder the Sale of Goods Act, 1930 3 of 1930 ) on his written request to the railway administration;

(b) any right of the railway to claim freight from the consignor; or

(c) any liability of the consignee or the endorsee, referred to in that section, by reason of his beingsuch consignee or endorsee.

The railway administration shall deliver the consignment undera railway receipt on the surrender of such railway receipt:

Provided that in case the railway receipt is not forthcoming, the consignment may be delivered to theperson, entitled in the opinion of the railway administration to receive the goods, in such manner as maybe prescribed.

Where no railway receipt is forthcoming and any consignment or the sale proceeds of any consignmentare claimed by two or more persons, the railway administration may withhold delivery of suchconsignment or sale proceeds, as the case may be, and shall deliver such consignment or sale proceeds insuch manner as may be prescribed.

Notwithstanding anything contained in the railway receipt, therailway administration may, before the delivery of the consignment, have the right to--

(i) re-measure, re-weigh or re-classify any consignment;

(ii) re-calculate the freight and other charges; and

(iii) correct any other error or collect any amount that may have been omitted to be charged.

A railwayadministration may, on the request made by the consignee or endorsee, allow weighment of theconsignment subject to such conditions and on payment of such charges as may be prescribed and thedemurrage charges if any:

Provided that except in cases where a railway servant authorised in this behalf considers it necessaryso to do, no weighment shall be allowed of goods booked at owners risk rate or goods which areperishable and are likely to lose weight in transit:

Provided further that no request for weighment of consignment in wagon-load or train-load shall beallowed if the weighment is not feasible due to congestion in the yard or such other circumstances as maybe prescribed.

Where a railway administrationdelivers the consignment to the person who produces the railway receipt, it shall not be responsible forany wrong delivery on the ground that such person is not entitled thereto or that the endorsement on therailway receipt is forged or otherwise defective.

Where the consignment arrives in a damaged condition orshows signs of having been tampered with and the consignee or the endorsee demands open delivery, therailway administration shall give open delivery in such manner as may be prescribed.

(1) The consignee or endorsee shall, as soon as theconsignment or part thereof is ready for delivery, take delivery of such consignment or part thereofnotwithstanding that such consignment or part thereof is damaged

(2) In the case of partial delivery under sub-section (1), the railway administration shall furnish apartial delivery certificate, in such form as may be prescribed.

(3) If the consignee or endorsee refuses to take delivery under sub-section (1), the consignment orpart thereof shall be subject to wharfage charges beyond the time allowed for removal.

(1) If the consignor, the consignee or the endorsee failsto pay on demand any freight or other charges due from him in respect of any consignment, the railwayadministration may detain such consignment or part thereof or, if such consignment is delivered, it maydetain any other consignment of such person which is in, or thereafter comes into its possession.

(2) The railway administration may, if the consignment detained under sub-section (1) is--

(a) perishable in nature, sell at once; or

(b) not perishable in nature, sell, by public auction,such consignment or part thereof, as may be necessary to realise a sum equal to the freight or othercharges:

Provided that where a railway administration for reasons to be recorded in writing is of the opinionthat it is not expedient to hold the auction, such consignment or part thereof may be sold in such manneras may be prescribed.

(3) The railway administration shall give a notice of not less than seven days of the public auctionunder clause (b) of sub-section (2) in one or more local newspapers or where there are no suchnewspapers in such manner as may be prescribed.

(4) The railway administration may, out of the sale proceeds received under sub-section (2), retain asum equal to the freight and other charges including expenses for the sale due to it and the surplus of suchproceeds and the part of the consignment, if any, shall be rendered to the person entitled thereto.

(1) If any person fails to take delivery of

(a) any consignment; or

(b) the consignment released from detention made under sub-section (1) of section 83; or

(c) any remaining part of the consignment under sub-section (2) of section 83,such consignment shall be treated as unclaimed.

(2) The railway administration may,--

(a) in the case of an unclaimed consignment which is perishable in nature, sell such consignmentin the manner provided in clause (a) of sub-section (2) of section 83; or

(b) in the case of an unclaimed consignment which is not perishable in nature, cause a notice tobe served upon the consignee if his name and address are known, and upon the consignor if the nameand address of the consignee are not known, requiring him to remove the goods within a period ofseven days from the receipt thereof and if such notice cannot be served or there is a failure to complywith the requisition in the notice, sell such consignment in the manner provided in clause (b) ofsub-section (2) of section 83.

(3) The railway administration shall, out of the sale proceeds received under sub-section (2), retain asum equal to the freight and other charges including expenses for the sale due to it and the surplus, if any,of such sale proceeds shall be rendered to the person entitled thereto.

(1) Where by reason of anyflood, land-slip, breach of any lines of rails, collision between trains, derailment of, or other accident to atrain or any other cause, traffic on any route is interrupted and there is no likelihood of early resumptionof such traffic, nor is there any other reasonable route whereby traffic of perishable consignment may bediverted to prevent, loss or deterioration of, or damage to, such consignment, the railway administrationmay sell them in the manner provided in clause (a) of sub-section (2) of section 83.

(2) The railway administration shall, out of the sale proceeds received under sub-section (1), retain asum equal to the freight and other charges including expenses for the sale due to it and the surplus, if any,of such sale proceeds, shall be rendered to the person entitled thereto.

Notwithstanding anythingcontained in this Chapter, the right of sale under sections 83 to 85 shall be without prejudice to the rightof the railway administration to recover by suit, any freight, charge, amount or other expenses due to it.

(1) The Central Government may,by notification, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:--

(a) goods in respect of which no forwarding note shall be executed under proviso tosub-section (1) of section 64;

(b) dangerous and offensive goods for the purposes of sub- section (1) of section 67;

(c) infectious or contagious diseases for the purposes of section 68;

(d) rates of penalty charges under section 73;

(e) the manner in which the consignment may be delivered without a railway receipt undersection 76;

(f) the manner of delivery of consignment or the sale proceeds to the person entitled thereto undersection 77;

(g) the conditions subject to which and charges payable for allowing weighment andcircumstances for not allowing weighment of consignment in wagon-load or train-load undersection 79;

(h) the manner of giving open delivery under section 81;

(i) the form of partial delivery certificate under sub-section (2) of section 82;

(j) the manner of sale of consignment or part thereof under the proviso to sub-section (2) ofsection 83;

(k) the manner in which a notice under sub-section (3) of section 83 may be given;(l) generally, for regulating the carriage of goods by the railways.

(3) Any rule made under this section may provide that a contravention thereof shall be punishablewith fine which may extend to one hundred and fifty rupees.

(4) Every railway administration shall keep at each station a copy of the rules for the time being inforce under this section, and shall allow any person to refer to it free of charge.

In this Chapter, unless the context otherwise requires,--

(a) "essential commodity" means an essential commodity as defined in clause (a) of section 2 ofthe Essential Commodities Act, 1955 (10 of 1955);

(b) "notified station" means a station declared to be a notified station under section 89;

(c) "State Government", in relation to a notified station, means the Government of the State inwhich such station is situated, or where such station is situated in a Union territory, the administratorof that Union territory appointed under article 239 of the Constitution.

(1) The Central Government may, if it is satisfied that it isnecessary that goods entrusted for carriage by train intended solely for the carriage of goods to anyrailway station should be removed without delay from such railway station, declare, by notification, suchrailway station to be a notified station for such period as may be specified in the notification:

Provided that before declaring any railway station to be a notified station under this sub-section, theCentral Government shall have regard to all or any of the following factors, namely:--

(a) the volume of traffic and the storage space available at such railway station;

(b) the nature and quantities of goods generally booked to such railway station;

(c) the scope for causing scarcity of such goods by not removing them for long periods from suchrailway station and the hardship which such scarcity may cause to the community;

(d) the number of wagons likely to be held up at such railway station if goods are not removedtherefrom quickly and the need for quick movement and availability of such wagons;

(e) such other factors (being relevant from the point of view of the interest of the general public)as may be prescribed:

Provided further that the period specified in any notification issued under this sub-section in respectof any railway station shall not exceed six months in the first instance, but such period may, bynotification, be extended from time to time by a period not exceeding six months on each occasion.

(2) If any person entrusting any goods to a railway administration to be carried to a notified stationmakes an application in such form and manner as may be prescribed and specifies therein the address ofthe person to whom intimation by registered post of the arrival of the goods at the notified station shall begiven and pays the postage charges required for giving such intimation, the railway administration shall,as soon as may be after the arrival of the goods at the notified station, send such intimation accordingly.

(3) There shall be exhibited at a conspicuous place at each notified station a statement in theprescribed form setting out the description of the goods which by reason of the fact that they have notbeen removed from the station within a period of seven days from the termination of transit thereof areliable to be sold, in accordance with the provision, of sub-section (1) of section 90 by public auction andthe dates on which they would be so sold:

Provided that different statements may be so exhibited in respect of goods proposed to be sold ondifferent dates.

(4) If the goods specified in any statement to be exhibited under sub-section (3) include essentialcommodities, the railway servant preparing the statement shall, as soon as may be after the preparation ofsuch statement, forward a copy thereof to--

(a) the representative of the Central Government nominated by that Government in this behalf;

(b) the representative of the State Government nominated by that Government in this behalf; and

(c) the District Magistrate within the local limits of whose jurisdiction the railway station issituated.

(1) If any goods entrusted for carriage toany notified station by a train intended solely for the carriage of goods are not removed from such stationby a person entitled to do so within a period of seven days after the termination of transit thereof at suchstation, the railway administration may, subject to the provisions of sub-section (2), sell such goods bypublic auction and apart from exhibiting, in accordance with the provisions of sub-section (3) of section89, a statement containing a description of such goods, it shall not be necessary to give any notice of suchpublic auction, but the date on which such auction may be held under this sub-section may be notified inone or more local newspapers, or where there are no such newspapers, in such manner as may beprescribed:

Provided that if at any time before the sale of such goods under this sub-section, the person entitledthereto pays the freight and other charges and the expenses due in respect thereof to the railwayadministration, he shall be allowed to remove such goods.

(2) If any goods which may be sold by public auction under sub-section (1) at a notified station, beingessential commodities, are required by the Central Government or the State Government for its own useor if the Central Government or such State Government considers that it is necessary for securing theavailability of all or any such essential commodities at fair prices so to do, it may, by order in writing,direct the railway servant in-charge of such auction to transfer such goods to it or to such agency,co-operative society or other person (being an agency, co-operative society or other person subject to thecontrol of the Government) engaged in the business of selling such essential commodities as may bespecified in the direction.

(3) Every direction issued under sub-section (2) in respect of any essential commodity shall bebinding on the railway servant to whom it is issued and the railway administration and it shall be asufficient defence against any claim by the person entitled to the goods that such essential commoditieshave been transferred in compliance with such direction:

Provided that--

(a) such direction shall not be binding on such railway servant or the railway administration

(i) if it has not been received by the railway servant sufficiently in time to enable him toprevent the sale of the essential commodities to which it relates; or

(ii) if before the time appointed for such sale, the person entitled to such goods pays thefreight and other charges and the expenses due in respect thereof and claims that he be allowed toremove the goods; or

(iii) if the price payable for such goods (as estimated by the Central Government or, as thecase may be, the State Government) is not credited to the railway administration in the prescribedmanner and the railway administration is not indemnified against any additional amount which itmay become liable to pay towards the price by reason of the price not having been computed inaccordance with the provisions of sub-section (4);

(b) where directions are issued in respect of the same goods both by the Central Government andthe State Government, the directions received earlier shall prevail.

(4) The price payable for any essential commodity transferred in compliance with a direction issuedunder sub-section (2) shall be the price calculated in accordance with the provisions of sub-section (3) ofsection 3 of the Essential Commodities Act, 1955 (10 of 1955).

Provided that--

(a) in the case of any essential commodity being a food-stuff in respect whereof a notificationissued under sub-section (3A) of section 3 of the Essential Commodities Act, 1955 (10 of 1955) is inforce in the locality in which the notified station is situated, the price payable shall be calculated inaccordance with the provisions of clauses (iii) and (iv) of that sub-section;

(b) in the case of an essential commodity being any grade or variety of foodgrains, edible oilseedsor edible oils in respect were of no notification issued under sub-section (3A) of section 3 of theEssential Commodities Act, 1955 (10 of 1955), is in force in the locality in which the notified stationis situated, the price payable shall be calculated in accordance with the provisions of sub-section (3B)of that section;

(c) in the case of an essential commodity being any kind of sugar in respect whereof nonotification issued under sub-section (3A) of section 3 of the Essential Commodities Act, 1955(10 of 1955), is in force in the locality in which the notified station is situated, the price payable shall,if such sugar has been booked by them producer to himself, be calculated in accordance with theprovisions of sub-section (3C) of that section.

Explanation.-- For the purposes of this clause, the expressions "producer" and "sugar" shall havethe meanings a signed to these expressions in the Explanation to sub-section (3C) of section 3, andclause (e) of section 2 of the Essential Commodities Act, 1955 (10 of 1955), respectively.

(1) Out of the proceeds of any saleof goods under sub-section (1) of section 90 or the price payable therefor under sub-section (4) of thatsection, the railway administration may retain a sum equal to the freight and other charges due in respectof such goods and the expenses incurred in respect of the goods and the auction thereof and render thesurplus, if any, to the person entitled thereto.

(2) Notwithstanding anything contained in sub-section (1), the railway administration may recover bysuit any such freight or charge or expenses referred to therein or balance thereof.

(3) Any goods sold under sub-section (1) of section 90 or transferred in compliance with thedirections issued under sub-section (2) of that section shall vest in the buyer or the transferee free from allencumbrances but subject to a priority being given for the sum which may be retained by a railwayadministration under sub-section (1), the person in whose favour such encumbrance subsits may have aclaim in respect of such encumbrance against the surplus, if any, referred to in that sub-section.

(1) The Central Government may,by notification, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:--

(a) the factors to which the Central Government shall have regard under clause (e) of the firstproviso to sub-section (1) of section 89;

(b) the form and manner in which an application may be made under sub-section (2) ofsection 89;

(c) the form in which a statement is required to be exhibited under sub-section (3) of section 89;

(d) the manner in which the dates of public auctions may be notified under sub-section (1) ofsection 90;

(e) the manner of crediting to the railway administration the price of goods referred to insub-clause (iii) of clause (a) of the proviso to sub-section (3) of section 90.

Save as otherwiseprovided in this Act, a railway administration shall be responsible for the loss, destruction, damage ordeterioration in transit, or non-delivery of any consignment, arising from any cause except the following,namely:--

(a) act of God;

(b) act of war;

(c) act of public enemies;

(d) arrest, restraint or seizure under legal process;

(e) orders or restrictions imposed by the Central Government or a State Government or by anofficer or authority subordinate to the Central Government or a State Government authorised by it inthis behalf;

(f) act or omission or negligence of the consignor or the consignee or the endorsee or the agent orservant of the consignor or the consignee or the endorsee;

(g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of thegoods;

(h) latent defects;

(i) fire, explosion or any unforeseen risk:

Provided that even where such loss, destruction, damage, deterioration or non-delivery is proved tohave arisen from any one or more of the aforesaid causes, the railway administration shall not be relievedof its responsibility for the loss, destruction, damage, deterioration or non-delivery unless the railwayadministration further proves that it has used reasonable foresight and care in the carriage of the goods.

(1) Where goods are required to be loaded at a siding not belonging to a railway administration forcarriage by railway, the railway administration shall not be responsible for any loss, destruction, damageor deterioration of such goods from whatever cause arising, until the wagon containing the goods hasbeen placed at the specified point of interchange of wagons between the siding and the railwayadministration and a railway servant authorised in this behalf has been informed in writing accordingly bythe owner of the siding.

(2) Where any consignment is required to be delivered by a railway administration at a siding notbelonging to a railway administration, the railway administration shall not be responsible for any loss,destruction, damage or deterioration or non-delivery of such consignment from whatever cause arisingafter the wagon containing the consignment has been placed at the specified point of interchange ofwagons between the railway and the siding and the owner of the siding has been informed in writingaccordingly by a railway by a railway servant authorised in this behalf.

A railway administration shall not be responsible for the loss,destruction, damage or deterioration of any consignment proved by the owner to have been caused by thedelay or detention in their carriage if the railway administration proves that the delay or detention arosefor reasons beyond its control or without negligence or misconduct on its part or on the part of any of itsservants.

Where in thecourse of carriage of any consignment from a place in India to a place outside India or from a placeoutside India to a place in India or from one place outside India to another place outside India or from oneplace in India to another place in India over any territory outside India, it is carried over the railways ofany railway administration in India, the railway administration shall not be responsible under any of theprovisions of this Chapter for the loss, destruction, damage or deterioration of the goods, from whatevercause arising, unless it is proved by the owner of the goods that such loss, destruction, damage ordeterioration arose over the railway of the railway administration.

Notwithstanding anything contained in section 93, arailway administration shall not be responsible for any loss, destruction, damage, deterioration or nondeliveryin transit, of any consignment carried at owners risk rate, from whatever cause arising, exceptupon proof, that such loss, destruction, damage, deterioration or non-delivery was due to negligence ormisconduct on its part or on the part of any of its servants:

Provided that,--

(a) where the whole of such consignment or the whole of any package forming part of suchconsignment is not delivered to the consignee or the endorsee and such non-delivery is not proved bythe railway administration to have been due to fire or to any accident to the train; or

(b) where in respect of any such consignment or of any package forming part of suchconsignment which had been so covered or protected that the covering or protection was not readilyremovable by hand, it is pointed out to the railway administration on or before delivery that any partof that consignment or package had been pilfered in transit,the railway administration shall be bound to disclose to the consignor, the consignee or the endorsee howthe consignment or the package was dealt with throughout the time it was in its possession or control, butif negligence or misconduct on the part of the railway administration or of any of its servants cannot befairly inferred from such disclosure, the burden of proving such negligence or misconduct shall lie on theconsignor, the consignee or the endorsee.

(1) Notwithstanding anything containedin the foregoing provisions of this Chapter, when any goods entrusted to a railway administration forcarriage--

(a) are in a defective condition as a consequence of which they are liable to damage,deterioration, leakage or wastage; or

(b) are either defectively packed or not packed in such manner as may be prescribed and as aresult of such defective or improper packing are liable to damage, deterioration, leakage or wastage,and the fact of such condition or defective or improper packing has been recorded by the consignor or hisagent in the forwarding note, the railway administration shall not be responsible for any damage,deterioration, leakage or wastage or for the condition in which such goods are available for delivery atdestination:

Provided that the railway administration shall be responsible for any such damage, deterioration,leakage or wastage or for the condition in which such goods are available for delivery at destination ifnegligence or misconduct on the part of the railway administration or of any of its servants is proved.

(2) When any goods entrusted to a railway administration for carriage are found on arrival at thedestination station to have been damaged or to have suffered deterioration, leakage or wastage, therailway administration shall not be responsible for the damage, deterioration, leakage or wastage of thegoods on proof by railway administration,--

(a) that the goods were, at the time of entrustment to the railway administration, in a defectivecondition, or were at that time either defectively packed or not packed in such manner as may beprescribed and as a result of which were liable to damage, deterioration, leakage or wastage; and

(b) that such defective condition or defective or improper packing was not brought to the noticeof the railway administration or any of its servants at the time of entrustment of the goods to therailway administration for carriage by railway:

Provided that the railway administration shall be responsible for any such damage, deterioration,leakage or wastage if negligence or misconduct on the part of the railway administration or of any of itsservants is proved.

(1) A railwayadministration shall be responsible as a bailee under sections 151, 152 and 161 of the Indian Contract Act,1872 (9 of 1872), for the loss, destruction, damage, deterioration or non-delivery of any consignment upto a period of seven days after the termination of transit:

Provided that where the consignment is at owners risk rate, the railway administration shall not beresponsible as a bailee for such loss, destruction, damage, deterioration or non-delivery except on proof ofnegligence or misconduct on the part of the railway administration or of any of its servants.

(2) The railway administration shall not be responsible in any case for the loss, destruction, damage,deterioration or non-delivery of any consignment arising after the expiry of a period of seven days afterthe termination of transit.

(3) Notwithstanding anything contained in the foregoing provisions of this section, a railwayadministration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of perishable goods, animals, explosives and such dangerous or other goods as may be prescribed, after thetermination of transit.

(4) Nothing in the foregoing provisions of this section shall affect the liability of any person to payany demurrage or wharfage, as the case may be, for so long as the consignment is not unloaded from therailway wagons or removed from the railway premises.

A railway administration shall not be responsible for theloss, destruction, damage, deterioration or non-delivery of any luggage unless a railway servant hasbooked the luggage and given a receipt therefor and in the case of luggage which is carried by thepassenger in his charge, unless it is also proved that the loss, destruction, damage or deterioration was dueto the negligence or misconduct on its part or on the part of any of its servants.

A railway administration shall not be responsible forany loss or destruction of, or injuries to, any animal carried by railway arising from freight or restivenessof the animal or from overloading of wagons by the consignor.

Notwithstanding anything contained in theforegoing provisions of this Chapter, a railway administration shall not be responsible for the loss,destruction, damage, deterioration or non-delivery of any consignment,--

(a) when such loss, destruction, damage, deterioration or non-delivery is due to the fact that amaterially false description of the consignment is given in the statement delivered undersub-section (1) of section 66; or

(b) where a fraud has been practised by the consignor or the consignee or the endorsee or by anagent of the consignor, consignee or the endorsee; or

(c) where it is proved by the railway administration to have been caused by, or to have arisenfrom--

(i) improper loading or unloading by the consignor or the consignee or the endorsee or by anagent of the consignor, consignee or the endorsee;

(ii) riot, civil commotion, strike, lock-out, stoppage or restraint of labour from whatevercause arising whether partial or general; or

(d) for any indirect or consequential loss or damage or for loss of particular market.

(1) Where any consignment isentrusted to a railway administration for carriage by railway and the value of such consignment has notbeen declared as required under sub-section (2) by the consignor, the amount of liability of the railwayadministration for the loss, destruction, damage, deterioration or non-delivery of the consignment shall inno case exceed such amount calculated with reference to the weight of the consignment as may beprescribed, and where such consignment consists of an animal, the liability shall not exceed such amountas may be prescribed.

(2) Notwithstanding anything contained in sub-section (1), where the consignor declares the value ofany consignment at the time of its entrustment to a railway administration for carriage by railway, andpays such percentage charge as may be prescribed on so much of the value of such consignment as is inexcess of the liability of the railway administration as calculated or specified, as the case may be, undersub-section (1), the liability of the railway administration for the loss, destruction, damage, deteriorationor non-delivery of such consignment shall not exceed the value so declared.

(3) The Central Government may, from time to time, by notification, direct that such goods as may bespecified in the notification shall not be accepted for carriage by railway unless the value of such goods isdeclared and percentage charge is paid as required under sub-section (2).

Where any goods, which,under ordinary circumstances, would be carried in covered wagon and would be liable to damage, ifcarried otherwise, are with the consent of the consignor, recorded in the forwarding note, carried in openwagon, the responsibility of railway administration for destruction, damage or deterioration which may arise only by reason of the goods being so carried, shall be one-half of the amount of liability for suchdestruction, damage or deterioration determined under this Chapter.

Where the value has been declared under section 103 in respect of any consignment a railwayadministration may make it a condition of carrying such consignment that a railway servant authorised byit in this behalf has been satisfied by examination or otherwise that the consignment tendered for carriagecontain the articles declared.

(1) A person shall not beentitled to claim compensation against a railway administration for the loss, destruction, damage,deterioration or non-delivery of goods carried by railway, unless a notice thereof is served by him or onhis behalf,--

(a) to the railway administration to which the goods are entrusted for carriage; or

(b) to the railway administration on whose railway the destination station lies, or the loss,destruction, damage or deterioration occurs,within a period of six months from the date of entrustment of the goods.

(2) Any information demanded or enquiry made in writing from, or any complaint made in writing to,any of the railway administrations mentioned in sub-section (1) by or on behalf of the person within thesaid period of six months regarding the non-delivery or delayed delivery of the goods with particularssufficient to identify the goods shall, for the purpose of this section, be deemed to be a notice of claim forcompensation.

(3) A person shall not be entitled to a refund of an overcharge in respect of goods carried by railwayunless a notice therefor has been served by him or on his behalf to the railway administration to which theovercharge has been paid within six months from the date of such payment or the date of delivery of suchgoods at the destination station, whichever is later.

An application for compensation forloss, destruction, damage, deterioration or non-delivery of goods shall be filed against the railwayadministration on whom a notice under section 106 has been served.

(1) If a railway administration pays compensation forthe loss, destruction, damage, deterioration or non-delivery of goods entrusted to it for carriage, to theconsignee or the endorsee producing the railway receipt, the railway administration shall be deemed tohave discharged its liability and no application before the Claims Tribunal or any other legal proceedingshall lie against the railway administration on the ground that the consignee or the endorsee was notlegally entitled to receive such compensation.

(2) Nothing in sub-section (1) shall affect the right of any person having any interest in the goods toenforce the same against the consignee or the endorsee receiving compensation under that sub-section.

An application before the Claims Tribunal for compensation for the loss of life or personalinjury to a passenger, may be instituted against,--

(a) the railway administration from which the passenger obtained his pass or purchased his ticket,or

(b) the railway administration on whose railway the destination station lies or the loss or personalinjury occurred.

In an application before the Claims Tribunal for compensation for loss,destruction, damage, deterioration or non-delivery of any goods, the burden of proving--

(a) the monetary loss actually sustained; or

(b) where the value has been declared under sub-section (2) of section 103 in respect of anyconsignment that the value so declared is its true value, shall lie on the person claiming compensation, but subject to the other provisions contained in this Act, itshall not be necessary for him to prove how the loss, destruction, damage, deterioration or non-deliverywas caused.

(1) When arailway administration contracts to carry passengers or goods partly by railway and partly by sea, acondition exempting the railway administration from responsibility for any loss of life, personal injury orloss of or damage to goods which may happen during the carriage by sea from act of God, publicenemies, fire, accidents from machinery, boilers and steam and all and every other dangers and accidentsof the seas, rivers and navigation of whatever nature and kind shall, without being expressed, be deemedto be part of the contract, and, subject to that condition, the railway administration shall, irrespective ofthe nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of life,personal injury or loss of or damage to goods which may happen during the carriage by sea, to the extentto which it would be responsible under the Merchant Shipping Act, 1958 (44 of 1958), if the ships wereregistered under that Act and the railway administration were owner of the ship and not to any greaterextent.

(2) The burden of proving that any such loss, injury or damage as is mentioned in sub-section (1)happened during the carriage by sea shall lie on the railway administration.

(1) The Central Governmentmay, by notification, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:--

(a) the manner of packing of goods entrusted to a railway administration under clause (b) ofsub-section (1) of section 98;

(b) the goods for the purposes of sub-section (3) of section 99; and

(c) the maximum amount payable by the railway administration for the loss, destruction, damage,deterioration or non-delivery of any consignment under sub-section (1) of section 103.

(1) Where, in the course of working a railway,

(a) any accident attended with loss of any human life, or with grievous hurt, as defined in theIndian Penal Code (45 of 1860), or with such serious injury to property as may be prescribed; or

(b) any collision between trains of which one is a train carrying passengers; or

(c) the derailment of any train carrying passengers, or of any part of such train; or

(d) any accident of a description usually attended with loss of human life or with such grievoushurt as aforesaid or with serious injury to property; or

(e) any accident of any other description which the Central Government may notify in this behalfin the Official Gazette,broccurs, the station master of the station nearest to the place at which the accident occurs or where there isno station master, the railway servant in charge of the section of the railway on which the accident occurs,shall, without delay, give notice of the accident to the District Magistrate and Superintendent of Police,within whose jurisdiction the accident occurs, the officer in charge of the police station within the locallimits of which the accident occurs and to such other Magistrate or police officer as may be appointed inthis behalf by the Central Government.

(2) The railway administration within whose jurisdiction the accident occurs, as also the railwayadministration to whom the train involved in the accident belongs, shall without delay, give notice of theaccident to the State Government and the Commissioner having jurisdiction over the place of theaccident.

(1) On the receipt of a notice under section 113 of the occurrenceof an accident to a train carrying passengers resulting in loss of human life or grievous hurt causing totalor partial disablement of permanent nature to a passenger or serious damage to railway property, theCommissioner shall, as soon as may be, notify the railway administration in whose jurisdiction theaccident occurred of his intention to hold an inquiry into the causes that led to the accident and shall at thesame time fix and communicate the date, time and place of inquiry:

Provided that it shall be open to the Commissioner to hold an inquiry into any other accident which,in his opinion, requires the holding of such an inquiry.

(2) If for any reason, the Commissioner is not able to hold an inquiry as soon as may be after theoccurrence of the accident, he shall notify the railway administration accordingly.

Where no inquiry is held by the Commissioner undersub-section (1) of section 114 or where the Commissioner has informed the railway administration undersub-section (2) of that section that he is not able to hold an inquiry, the railway administration withinwhose jurisdiction the accident occurs, shall cause an inquiry to be made in accordance with theprescribed procedure.

(1) For the purpose of conducting aninquiry under this Chapter into the causes of any accident on a railway, the Commissioner shall, inaddition to the powers specified in section 7, have the powers as are vested in a civil court while trying asuit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:--

(a) summoning and enforcing the attendance of persons and examining them on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copies thereof from any court or office;

(e) any other matter which may be prescribed.

(2) The Commissioner while conducting an inquiry under this Chapter shall be deemed to be a CivilCourt for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973(2 of 1974).

No statement made by a person in the course ofgiving evidence in an inquiry before the Commissioner shall subject him to, or be used against him in,any civil or criminal proceeding, except a prosecution for giving false evidence by such statement:

Provided that the statement is--

(a) made in reply to a question which is required by the Commissioner to answer; or

(b) relevant to the subject-matter of the inquiry.

Any railway administration or the Commissioner conducting an inquiry underthis Chapter may send notice of the inquiry to such persons, follow such procedure, and prepare the reportin such manner as may be prescribed.

Notwithstanding anything contained in the foregoing provisions of this Chapter, where a Commission ofInquiry is appointed under the Commissions of Inquiry Act, 1952 (3 of 1952), to inquire into an accident,any inquiry, investigation or other proceeding pending in relation to that accident shall not be proceededwith, and all records or other documents relating to such inquiry shall be forwarded to such authority asmay be specified by the Central Government in this behalf.

Where any accident of the nature notspecified in section 113 occurs in the course of working a railway, the railway administration withinwhose jurisdiction the accident occurs, may cause such inquiry to be made into the causes of the accident,as may be prescribed.

Every railway administration shall send to the Central Government, a return ofaccidents occurring on its railway, whether attended with injury to any person or not, in such form andmanner and at such intervals as may be prescribed.

(1) The Central Governmentmay, by notification, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:--

(a) the injury to property which shall be considered serious under clause (a) of sub-section (1) ofsection 113;

(b) the forms of notice of accidents to be given under section 113 and the particulars of theaccident such notices shall contain;

(c) the manner of sending the notices of accidents, including the class of accidents to be sentimmediately after the accident;

(d) the duties of the Commissioner, railway administration, railway servants, police officers andMagistrates on the occurrence of an accident;

(e) the persons to whom notices in respect of any inquiry under this Chapter are to be sent, theprocedure to be followed in such inquiry and the manner in which a report of such inquiry shall beprepared;

(f) the nature of inquiry to be made by a railway administration into the causes of an accidentunder section 120;

(g) the form and manner of sending a return of accidents by a railway administration undersection 121.

In this Chapter, unless the context otherwise requires,

(a) "accident" means an accident of the nature described in section 124;

(b) "dependant" means any of the following relatives of a deceased passenger, namely:--

(i) the wife, husband, son and daughter, and in case the deceased passenger is unmarried or isa minor, his parent;

(ii) the parent, minor brother or unmarried sister, widowed sister, widowed daughter-in-lawand a minor child of a pre-deceased son, if dependant wholly or partly on the deceased passenger;

(iii) a minor child of a pre-deceased daughter, if wholly dependant on the deceased passenger;

(iv) the paternal grand parent wholly dependant on the deceased passenger;

¹[(c) "untoward incident" means--

(1) (i) the commission of a terrorist act within the meaning of sub-section (1) of section (3) ofthe Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or

(ii) the making of a violent attack or the commission of robbery or dacoity; or

(iii) the indulging in rioting, shoot-out or arson, by any person in or on any train carrying passengers, or in a waiting hall, cloak room orreservation or booking office or on any platform or in any other place within the precincts of arailway station; or

(2) the accidental falling of any passenger from a train carrying passengers.]

1 Ins. by Act 28 of 1994, s. 2 (w.e.f. 1-8-1994).

When in the course of working a railway, an accident occurs, being either acollision between trains of which one is a train carrying passengers or the derailment of or other accidentto a train or any part of a train carrying passengers, then whether or not there has been any wrongful act,neglect or default on the part of the railway administration such as would entitle a passenger who hasbeen injured or has suffered a loss to maintain an action and recover damages in respect thereof, therailway administration shall, notwithstanding anything contained in any other law, be liable to paycompensation to such extent as may be prescribed and to that extent only for loss occasioned by the deathof a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage ordeterioration of goods owned by the passenger and accompanying him in his compartment or on the train,sustained as a result of such accident.

Explanation.-- For the purposes of this section "passenger" includes a railway servant on duty.

¹[124A. Compensation on account of untoward incidents. When in the course of working arailway an untoward incident occurs, then whether or not there has been any wrongful act, neglect ordefault on the part of the railway administration such as would entitle a passenger who has been injured orthe dependant of a passenger who has been killed to maintain an action and recover damages in respectthereof, the railway administration shall, notwithstanding anything contained in any other law, be liable topay compensation to such extent as may be prescribed and to that extent only of loss occasioned by thedeath of, or injury to, a passenger as a result of such untoward incident:

Provided that no compensation shall be payable under this section by the railway administration if thepassenger dies or suffers injury due to--

(a) suicide or attempted suicide by him;

(b) self-inflicted injury;

(c) his own criminal act;

(d) any act committed by him in a state of intoxication or insanity;

(e) any natural cause or disease or medical or surgical treatment unless such treatment becomesnecessary due to injury caused by the said untoward incident.

Explanation.--For the purpose of this section, "passenger" includes--

(i) a railway servant on duty; and

(ii) a person who has purchased a valid ticket for travelling, by a train carrying passengers, on anydate or a valid platform ticket and becomes a victim of an untoward incident.]

1 Ins. by Act 28 of 1994, s. 3 (w.e.f. 1-8-1994).

(1) An application for compensation under section 124 ¹[orsection 124A] may be made to the Claims Tribunal--

(a) by the person who has sustained the injury or suffered any loss, or

(b) by any agent duly authorised by such person in this behalf, or

(c) where such person is a minor, by his guardian, or

(d) where death has resulted from the accident ²[or the untoward incident], by any dependant ofthe deceased or where such a dependant is a minor, by his guardian.

(2) Every application by a dependant for compensation under this section shall be for the benefit ofevery other dependant.

1 Ins. by s. 4, ibid. (w.e.f. 1-8-1994).

2 Ins. by Act 28 of 1994, s. 3 (w.e.f. 1-8-1994).

(1) Where a person who has made an applicationfor compensation under section 125 desires to be paid interim relief, he may apply to the railwayadministration for payment of interim relief along with a copy of the application made under that section.

(2) Where, on the receipt of an application made under sub-section (1) and after making such inquiryas it may deem fit, the railway administration is satisfied that circumstances exist which require relief tobe afforded to the applicant immediately, it may, pending determination by the Claims Tribunal of theactual amount of compensation payable under section 124 ¹[or section 124A] pay to any person who hassustained the injury or suffered any loss, or where death has resulted from the accident, to any dependantof the deceased, such sum as it considers reasonable for affording such relief, so however, that the sumpaid shall not exceed the amount of compensation payable at such rates as may be prescribed.

(3) The railway administration shall, as soon as may be, after making an order regarding payment ofinterim relief under sub-section (2), send a copy thereof to the Claims Tribunal.

(4) Any sum paid by the railway administration under sub-section (2) shall be taken into account bythe Claims Tribunal while determining the amount of compensation payable.

1 Ins. by Act 28 of 1994, s. 5 (w.e.f. 1-8-1994).

(1) Subject tosuch rules as may be made, the rates of compensation payable in respect of any injury shall be determinedby the Claims Tribunal.

(2) The compensation payable in respect of any loss of goods shall be such as the Claims Tribunalmay, having regard to the circumstances of the case, determine to be reasonable.

(1) The right of any person to claim compensation undersection 124 ¹[or section 124A] shall not affect the right of any such person to recover compensationpayable under the Workmens Compensation Act, 1923 (8 of 1923), or any other law for the time being inforce; but no person shall be entitled to claim compensation more than once in respect of the sameaccident.

(2) Nothing in sub-section (1) shall affect the right of any person to claim compensation payableunder any contract or scheme providing for payment of compensation for death or personal injury or fordamage to property or any sum payable under any policy of insurance.

1 Ins. by s. 6, ibid. (w.e.f. 1-8-1994).

(1) The Central Governmentmay, by notification, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:--

(a) the compensation payable for death;

(b) the nature of the injuries for which compensation shall be paid and the amount of suchcompensation.

In this Chapter, unless the context otherwise requires,--

(a) the employment of a railway servant is said to be "continuous" except when it is excluded orhas been declared to be essentially intermittent or intensive;

(b) the employment of a railway servant is said to be "essentially intermittent" when it has beendeclared to be so by the prescribed authority on the ground that the daily hours of duty of the railwayservant normally include periods of inaction aggregating to fifty per cent. or more (including at leastone such period of not less than one hour or two such periods of not less than half an hour each) in atour of twelve hours duty (on the average over seventy-two consecutive hours), during which the railway servant may be on duty, but is not called upon to display either physical activity or sustainedattention;

(c) the employment of a railway servant is said to be excluded, if he belongs to any one of thefollowing categories, namely:--

(i) railway servants employed in a managerial or confidential capacity;

(ii) armed guards or other personnel subject to discipline similar to that of any of the armedpolice forces;

(iii) staff of the railway schools imparting technical training or academic education;

(iv) such staff as may be specified as supervisory under the rules;

(v) such other categories of staff as may be prescribed;

(d) the employment of a railway servant is said to be "intensive" when it has been declared to beso by the prescribed authority on the ground that it is of a strenuous nature involving continuedconcentration or hard manual labour with little or no period of relaxation.

Nothing in this Chapter shall apply to anyrailway servant to whom the Factories Act, 1948 (63 of 1948) or the Mines Act 1952 (35 of 1952) or theRailway Protection Force Act, 1957 (23 of 1957) or the Merchant Shipping Act, 1958 (44 of 1958),applies.

(1) A railway servant whose employment is essentiallyintermittent shall not be employed for more than seventy-five hours in any week.

(2) A railway servant whose employment is continuous shall not be employed for more than fifty-fourhours a week on an average in a two-weekly period of fourteen days.

(3) A railway servant whose employment is intensive shall not be employed for more than forty-fivehours a week on an average in a two-weekly period of fourteen days.

(4) Subject to such rules as may be prescribed, temporary exemptions of railway servants from theprovisions of sub-section (1) or sub-section (2) or sub-section (3) may be made by the prescribedauthority if it is of opinion that such temporary exemptions are necessary to avoid serious interferencewith the ordinary working of the railway or in cases of accident, actual or threatened, or when urgentwork is required to be done to the railway or to rolling stock or in any emergency which could not havebeen foreseen or prevented, or in other cases of exceptional pressure of work:

Provided that where such exemption results in the increase of hours of employment of a railwayservant referred to in any of the sub-sections, he shall be paid overtime at not less than two times hisordinary rate of pay for the excess hours of work.

(1) Subject to the provisions of this section, a railway servant

(a) whose employment is intensive or continuous shall, for every week commencing on a Sunday,be granted a rest of not less than thirty consecutive hours;

(b) whose employment is essentially intermittent shall, for every week commencing on a Sunday,be granted a rest of not less than twenty-four consecutive hours including a full night.

(2) Notwithstanding anything contained in sub-section (1),--

(i) any locomotive or traffic running staff shall be granted, each month, a rest of at least fourperiods of not less than thirty consecutive hours each or at least five periods of not less thantwenty-two consecutive hours each, including a full night;

(ii) the Central Government may, by rules, specify the railway servants to whom periods of reston scales less than those laid down under sub-section (1) may be granted and the periods thereof.

(3) Subject to such rules as may be made in this behalf, if the prescribed authority is of the opinionthat such circumstances as are referred to in sub-section (4) of section 132 are present, it may exempt anyrailway servant from the provisions of sub-section (1) or clause (i) of sub-section (2):

Provided that a railway servant so exempted shall, in such circumstances as may be prescribed, begranted compensatory periods of rest for the periods he has foregone.

Nothing in this Chapter or the rules made thereundershall, where due provision has been made for the relief of a railway servant, authorise him to leave hisduty until he has been relieved.

(1) Subject to such rules as may be made in this behalf, theCentral Government may appoint supervisors of railway labour.

(2) The duties of supervisors of railways labour shall be--

(i) to inspect railways in order to determine whether the provisions of this Chapter or of the rulesmade thereunder are duly observed; and

(ii) to perform such other functions as may be prescribed.

(3) A supervisor of railway labour shall be deemed to be a Commissioner for the purposes of sections7 and 9.

(1) The Central Governmentmay, by notification, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:--

(a) the authorities who may declare the employment of any railway servant essentiallyintermittent or intensive;

(b) the appeals against any such declaration and the manner in which, and the conditions subjectto which any such appeal may be filed and heard;

(c) the categories of staff that may be specified under sub-clauses (iv) and (v) of clause (c) ofsection 130;

(d) the authorities by whom exemptions under sub-section (4) of section 132 or sub-section (3) ofsection 133 may be made;

(e) the delegation of power by the authorities referred to in clause (d);

(f) the railway servant to whom clause (ii) of sub-section (2) of section 133 apply and the periodsof rest to be granted to them;

(g) the appointment of supervisors of railway labour and their functions.

(1) If anyperson, with intent to defraud a railway administration,--

(a) enters or remains in any carriage on a railway or travels in a train in contravention of section55, or

(b) uses or attempts to use a single pass or a single ticket which has already been used on aprevious journey, or in the case of a return ticket, a half thereof which has already been so used,he shall be punishable with imprisonment for a term which may extend to six months, or with fine whichmay extend to one thousand rupees, or with both:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in thejudgment of the court, such punishment shall not be less than a fine of five hundred rupees.

(2) The person referred to in sub-section (1) shall also be liable to pay the excess charge mentioned insub-section (3) in addition to the ordinary single fare for the distance which he has travelled, or wherethere is any doubt as to the station from which he started, the ordinary single fare from the station fromwhich the train originally started, or if the tickets of passengers travelling in the train have been examinedsince the original starting of the train, the ordinary single fare from the place where the tickets were soexamined or, in case of their having been examined more than once, were last examined.

(3) The excess charge referred to in sub-section (2) shall be a sum equal to the ordinary single farereferred to in that sub-section or ¹[two hundred and fifty rupees], whichever is more.

(4) Notwithstanding anything contained in section 65 of the Indian Penal Code (45 of 1960), the courtconvicting an offender may direct that the person in default of payment of any fine inflicted by the courtshall suffer imprisonment for a term which may extend to six months.

1 Subs. by Act 56 of 2003, s. 2, for "fifty rupees" (w.e.f. 1-7-2004).

(1) If any passenger,--

(a) being in or having alighted from a train, fails or refuses to present for examination or todeliver up his pass or ticket immediately on a demand being made therefor under section 54, or

(b) travels in a train in contravention of the provisions of section 55,he shall be liable to pay, on the demand of any railway servant authorised in this behalf, the excess chargementioned in sub-section (3) in addition to the ordinary single fare for the distance which he has travelledor, where there is any doubt as to the station from which he started, the ordinary single fare from thestation from which the train originally started, or, if the tickets of passengers travelling in the train havebeen examined since the original starting of the train, the ordinary single fare from the place where thetickets were so examined or in the case of their having been examined more than once, were lastexamined.

(2) If any passenger,--

(a) travels or attempts to travel in or on a carriage, or by a train, of a higher class than that forwhich he has obtained a pass or purchased a ticket; or

(b) travels in or on a carriage beyond the place authorised by his pass or ticket,he shall be liable to pay, on the demand of any railway servant authorised in this behalf, any differencebetween the fare paid by him and the fare payable in respect of the journey he has made and the excesscharge referred to in sub-section (3).

(3) The excess charge shall be a sum equal to the amount payable under sub-section (1) orsub-section (2), as the case may be, or ¹[two hundred and fifty rupees], whichever is more:

Provided that if the passenger has with him a certificate granted under sub-section (2) of section 55,no excess charge shall be payable.

(4) If any passenger liable to pay the excess charge and the fare mentioned in sub-section (1), or theexcess charge and any difference of fare mentioned in sub-section (2), fails or refuses to pay the same ona demand being made therefor under one or other of these sub-sections, as the case may be, any railwayservant authorised by the railway administration in this behalf may apply to any Metropolitan Magistrateor a Judicial Magistrate of the first or second class, as the case may be, for the recovery of the sumpayable as if it were a fine, and the Magistrate if satisfied that the sum is payable shall order it to be sorecovered, and may order that the person liable for the payment shall in default of payment sufferimprisonment of either description for a term which may extend to one month but not less than ten days.

(5) Any sum recovered under sub-section (4) shall, as and when it is recovered, be paid to the railwayadministration.

1 Subs. by Act 56 of 2003, s. 2, for "fifty rupees" (w.e.f. 1-7-2004).

Any person failing or refusing to pay the fare and the excesscharge referred to in section 138 may be removed by any railway servant authorised in this behalf whomay call to his aid any other person to effect such removal:

Provided that nothing in this section shall be deemed to preclude a person removed from a carriage ofa higher class from continuing his journey in a carriage of a class for which he holds a pass or ticket:

Provided further that a woman or a child if unaccompanied by a male passenger, shall not be soremoved except either at the station from where she or he commences her or his journey or at a junctionor terminal station or station at the headquarters of a civil district and such removal shall be made onlyduring the day.

(1) When a court convicting a person of anoffence under section 137 or section 138 finds that he has been habitually committing or attempting tocommit that offence and the court is of the opinion that it is necessary or desirable to require that personto execute a bond for good behaviour, such court may, at the time of passing the sentence on the person,order him to execute a bond with or without sureties, for such amount and for such period not exceedingthree years as it deems fit.

(2) An order under sub-section (1) may also be made by an appellate court or by the High Court whenexercising its powers of revision.

If any passenger or anyother person, without reasonable and sufficient cause, makes use of, or interferes with, any meansprovided by a railway administration in a train for communication between passengers and the railwayservant in charge of the train, he shall be punishable with imprisonment for a term which may extend toone year, or with fine which may extend to one thousand rupees, or with both:

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in thejudgment of the court, where a passenger, without reasonable and sufficient cause, makes use of the alarmchain provided by a railway administration, such punishment shall not be less than--

(a) a fine of five hundred rupees, in the case of conviction for the first offence; and

(b) imprisonment for three months in case of conviction for the second or subsequent offence.

(1) If any person not being a railway servant or an agentauthorised in this behalf

(a) sells or attempts to sell any ticket or any half of a return ticket; or

(b) parts or attempts to part with the possession of a ticket against which reservation of a seat orberth has been made or any half of a return ticket or a season ticket,in order to enable any other person to travel therewith, he shall be punishable with imprisonment for aterm which may extend to three months, or with fine which may extend to five hundred rupees, or withboth, and shall also forfeit the ticket which he sells or attempts to sell or parts or attempts to part.

(2) If any person purchases any ticket referred to in clause (a) of sub-section (1) or obtains thepossession of any ticket referred to in clause (b) of that sub-section from any person other than a railwayservant or an agent authorised in this behalf, he shall be punishable with imprisonment for a term whichmay extend to three months and with fine which may extend to five hundred rupees and if the purchaseror holder of any ticket aforesaid travels or attempts to travel therewith, he shall forfeit the ticket which heso purchased or obtained and shall be deemed to be travelling without a proper ticket and shall be liable tobe dealt with under section 138:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in thejudgment of the court, the punishment under sub-section (1) or sub-section (2) shall not be less than a fineof two hundred and fifty rupees.

(1) If any person, not being a railway servant or an agent authorised in this behalf,--

(a) carries on the business of procuring and supplying tickets for travel on a railway or forreserved accommodation for journey in a train; or

(b) purchases or sells or attempts to purchase or sell tickets with a view to carrying on any suchbusiness either by himself or by any other person,he shall be punishable with imprisonment for a term which may extend to three years or with fine whichmay extend to ten thousand rupees, or with both, and shall also forfeit the tickets which he so procures,supplies, purchases, sells or attempts to purchase or sell:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in thejudgment of the court, such punishment shall not be less than imprisonment for a term of one month or afine of five thousand rupees.

(2) Whoever abets any offence punishable under this section shall, whether or not such offence iscommitted, be punishable with the same punishment as is provided for the offence.

(1) If any person canvasses for any custom orhawks or exposes for sale any article whatsoever in any railway carriage or upon any part of a railway,except under and in accordance with the terms and conditions of a licence granted by the railwayadministration in this behalf, he shall be punishable with imprisonment for a term which may extend toone year, or with fine which may extend to two thousand rupees, or with both:

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in thejudgment of the court, such punishment shall not be less than a fine of one thousand rupees.

(2) If any person begs in any railway carriage or upon a railway station, he shall be liable forpunishment as provided under sub-section (1).

(3) Any person referred to in sub-section (1) or sub-section (2) may be removed from the railwaycarriage or any part of the railway or railway station, as the case may be, by any railway servantauthorised in this behalf or by any other person whom such railway servant may call to his aid.

If any person in any railway carriage or upon any part of arailway--

(a) is in a state of intoxication; or

(b) commits any nuisance or act of indecency or uses abusive or obscene language; or

(c) wilfully or without excuse interferes with any amenity provided by the railway administrationso as to affect the comfortable travel of any passenger,he may be removed from the railway by any railway servant and shall, in addition to the forfeiture of hispass or ticket, be punishable with imprisonment which may extend to six months and with fine whichmay extend to five hundred rupees:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in thejudgment of the court, such punishment shall not be less than--

(a) a fine of one hundred rupees in the case of conviction for the first offence; and

(b) imprisonment of one month and a fine of two hundred and fifty rupees, in the case ofconviction for second or subsequent offence.

If any person wilfully obstructs or prevents anyrailway servant in the discharge of his duties, he shall be punishable with imprisonment for a term whichmay extend to six months, or with fine which may extend to one thousand rupees, or with both.

(1) If any person enters upon or into any partof a railway without lawful authority, or having lawfully entered upon or into such part misuses suchproperty or refuses to leave, he shall be punishable with imprisonment for a term which may extend to sixmonths, or with fine which may extend to one thousand rupees, or with both:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in thejudgment of the court, such punishment shall not be less than a fine of five hundred rupees.

(2) Any person referred to in sub-section (1) may be removed from the railway by any railway servantor by any other person whom such railway servant may call to his aid.

If in anyapplication for compensation under section 125, any person makes a statement which is false or which heknows or believes to be false or does not believe to be true, he shall be punishable with imprisonment fora term which may extend to three years, or with fine, or with both.

If any person requiring compensation from a railwayadministration for loss, destruction, damage, deterioration or non-delivery of any consignment makes aclaim which is false or which he knows or believes to be false or does not believe to be true, he shall bepunishable with imprisonment for a term which may extend to three years, or with fine, or with both.

(1) Subject to the provisions ofsub-section (2), if any person unlawfully,--

(a) puts or throws upon or across any railway, any wood, stone or other matter or thing; or

(b) takes up, removes, loosens or displaces any rail, sleeper or other matter or things belonging toany railway; or

(c) turns, moves, unlocks or diverts any points or other machinery belonging to any railway; or

(d) makes or shows, or hides or removes, any signal or light upon or near to any railway; or

(e) does or causes to be done or attempts to do any other act or thing in relation to any railway,

with intent or with knowledge that he is likely to endanger the safety of any person travelling on or beingupon the railway, he shall be punishable with imprisonment for life, or with rigorous imprisonment for aterm which may extend to ten years:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in thejudgment of the court, where a person is punishable with rigorous imprisonment, such imprisonment shallnot be less than--

(a) three years, in the case of a conviction for the first offence; and

(b) seven years, in the case of conviction for the second or subsequent offence.

(2) If any person unlawfully does any act or thing referred to in any of the clauses ofsub-section (1)--

(a) with intent to cause the death of any person and the doing of such act or thing causes the deathof any person; or

(b) with knowledge that such act or thing is so imminently dangerous that it must in allprobability cause the death of any person or such bodily injury to any person as is likely to cause thedeath of such person,

he shall be punishable with death or imprisonment for life.

(1) If any person, with intent tocause, or knowing that he is likely to cause damage or destruction to any property of a railway referred toin sub-section (2), causes by fire, explosive substance or otherwise, damage to such property ordestruction of such property, he shall be punishable with imprisonment for a term which may extend tofive years, or with fine, or with both.

(2) The properties of a railway referred to in sub-section (1) are railway track, bridges, stationbuildings and installations, carriages or wagons, locomotives, signalling, telecommunications, electrictraction and block equipments and such other properties as the Central Government being of the opinionthat damage thereto or destruction thereof is likely to endanger the operation of a railway, may, bynotification, specify.

If any personunlawfully throws or causes to fall or strike at against, into or upon any rolling stock forming part of atrain, any wood, stone or other matter or thing with intent, or with knowledge that he is likely to endangerthe safety of any person being in or upon such rolling stock or in or upon any other rolling stock formingpart of the same train, he shall be punishable with imprisonment for life, or with imprisonment for a termwhich may extend to ten years.

If anyperson by any unlawful act or by any wilful omission or neglect, endangers or causes to be endangeredthe safety of any person travelling on or being upon any railway, or obstructs or causes to be obstructed orattempts to obstruct any rolling stock upon any railway, he shall be punishable with imprisonment for aterm which may extend to five years.

If any person in a rash and negligent manner does any act, or omits to do what he is legally bound to do,and the act or omission is likely to endanger the safety of any person travelling or being upon any railway,he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or withboth.

(1) If any passenger.--

(a) having entered a compartment wherein no berth or seat has been reserved by a railwayadministration for his use, or

(b) having unauthorisedly occupied a berth or seat reserved by a railway administration for theuse of another passenger,

refuses to leave it when required to do so by any railway servant authorised in this behalf, such railwayservant may remove him or cause him to be removed, with the aid of any other person, from thecompartment, berth or seat, as the case may be, and he shall also be punishable with fine which mayextend to five hundred rupees.

(2) If any passenger resists the lawful entry of another passenger into a compartment not reserved forthe use of the passenger resisting, he shall be punishable with fine which may extend to two hundredrupees.

If any passenger or any other person, afterbeing warned by a railway servant to desist, persists in travelling on the roof, step or footboard of anycarriage or on an engine, or in any other part of a train not intended for the use of passengers, he shall bepunishable with imprisonment for a term which may extend to three months, or with fine which mayextend to five hundred rupees, or with both and may be removed from the railway by any railway servant.

If any passenger wilfully alters or defaces his pass orticket so as to render the date, number or any material portion thereof illegible, he shall be punishablewith imprisonment for a term which may extend to three months, or with fine which may extend to fivehundred rupees, or with both.

Any person underwhose authority any railway servant is employed in contravention of any of the provisions of ChapterXIV or of the rules made thereunder, shall be punishable with fine which may extend to five hundredrupees.

Ifany driver or conductor of any vehicle while upon the premises of a railway disobeys the reasonabledirections of any railway servant or police officer, he shall be punishable with imprisonment for a termwhich may extend to one month, or with fine which may extend to five hundred rupees, or with both.

(1) If any person, other than a railway servant ora person authorised in this behalf, opens any gate or chain or barrier set up on either side of a levelcrossing which is closed to road traffic, he shall be punishable with imprisonment for a term which mayextend to three years.

(2) If any person breaks any gate or chain or barrier set up on either side of a level crossing which isclosed to road traffic, he shall be punishable with imprisonment for a term which may extend to fiveyears.

If any person driving or leading a vehicle isnegligent in crossing an unmanned level crossing, he shall be punishable with imprisonment which mayextend to one year.

Explanation.-- For the purposes of this section, "negligence" in relation to any person driving orleading a vehicle in crossing an unmanned level crossing means the crossing of such level crossing bysuch person--

(a) without stopping or caring to stop the vehicle near such level crossing to observe whether anyapproaching rolling stock is in sight, or

(b) even while an approaching rolling stock is in sight.

If a male person knowing or havingreason to believe that a carriage, compartment, berth or seat in a train or room or other place is reservedby a railway administration for the exclusive use of females, without lawful excuse,--

(a) enters such carriage, compartment, room or other place, or having entered such carriage,compartment, room or place, remains therein; or

(b) occupies any such berth or seat having been required by any railway servant to vacate it,

he shall, in addition to being liable to forfeiture of his pass or ticket, be punishable with fine which mayextend to five hundred rupees and may also be removed by any railway servant.

If any person required to furnish an account of goods undersection 66, gives an account which is materially false, he and, if he is not the owner of the goods, theowner also shall, without prejudice to his liability to pay any freight or other charge under any provisionof this Act, be punishable with fine which may extend to five hundred rupees for every quintal or partthereof of such goods.

If any person, in contravention ofsection 67, takes with him any dangerous goods or entrusts such goods for carriage to the railwayadministration, he shall be punishable with imprisonment for a term which may extend to three years, orwith fine which may extend to one thousand rupees or with both and shall also be liable for any loss,injury or damage which may be caused by reason of bringing such goods on the railway.

If any person, in contravention of section67, takes with him any offensive goods or entrusts such goods for carriage to the railway administration,he shall be punishable with fine which may extend to five hundred rupees and shall also be liable for anyloss, injury or damage which may be caused by reason of bringing such goods on the railway.

If any person without lawful authority--

(a) pulls down or wilfully damages any board or document set up or posted by the order of arailway administration on a railway or any rolling stock; or

(b) obliterates or alters any letters or figures upon any such board or document or upon anyrolling stock,

he shall be punishable with imprisonment for a term which may extend to one month, or with fine whichmay extend to five hundred rupees, or with both.

(1) No person in any compartment of a train shall, if objected to by any otherpassenger in that compartment, smoke therein.

(2) Notwithstanding anything contained in sub-section (1), a railway administration may prohibitsmoking in any train or part of a train.

(3) Whosoever contravenes the provisions of sub-section (1) or sub-section (2) shall be punishablewith fine which may extend to one hundred rupees.

(1) If a person under the age of twelve years is guilty of any of theoffences under sections 150 to 154, the court convicting him may require the father or guardian of suchperson to execute, within such time as the court may fix, a bond for such amount and for such period asthe court may direct for the good conduct of such person.

(2) The amount of the bond, if forfeited, shall be recoverable by the court as if it were a fine imposedby itself.

(3) If a father or guardian fails to execute a bond under sub-section (1) within the time fixed by thecourt, he shall be punishable with fine which may extend to fifty rupees.

If a non-Government railway fails to complywith, any requisition made, decision or direction given, by the Central Government, under any of theprovisions of this Act, or otherwise contravenes any of the provisions of this Act, it shall be open to theCentral Government, by order, to levy a penalty not exceeding two hundred and fifty rupees and a furtherpenalty not exceeding one hundred and fifty rupees for every day during which the contraventioncontinues:

Provided that no such penalty shall be levied except after giving a reasonable opportunity to thenon-Government railway to make such representation as it deems fit.

Any penalty imposed by the Central Government under section 169,shall be recoverable by a suit in the District Court having jurisdiction in the place where the head office ofthe non-Government railway is situated.

Nothing in section 169 or 170 shall preclude the Central Government from resorting to any other action tocompel a non-Government railway to discharge any obligation imposed upon it by or under this Act.

If any railway servant is in a state of intoxication while on duty, heshall be punishable with fine which may extend to five hundred rupees and when the performance of anyduty in such state is likely to endanger the safety of any person travelling on or being upon a railway,such railway servant shall be punishable with imprisonment for a term which may extend to one year, orwith fine, or with both.

If any railway servant, when on duty, is entrustedwith any responsibility connected with the running of a train, or of any other rolling stock from onestation or place to another station or place, and he abandons his duty before reaching such station or placewithout authority or without properly handing over such train or rolling stock to another authorisedrailway servant, he shall be punishable with imprisonment for a term which may extend to two years, orwith fine which may extend to one thousand rupees, or with both.

If any railway servant (whether on duty or otherwise) orany other person obstructs or causes to be obstructed or attempts to obstruct any train or other rollingstock upon a railway,--

(a) by squatting or picketing or during any rail roko agitation or bandh; or

(b) by keeping without authority any rolling stock on the railway; or

(c) by tampering with, disconnecting or interfering in any other manner with its hose pipe ortampering with signal gear or otherwise,

he shall be punishable with imprisonment for a term which may extend to two years, or with fine whichmay extend to two thousand rupees, or with both.

If any railway servant, when on duty, endangers thesafety of any person--

(a) by disobeying any rule made under this Act; or

(b) by disobeying any instruction, direction or order under this Act or the rules made thereunder;or

(c) by any rash or negligent act or omission,

he shall be punishable with imprisonment for a term which may extend to two years, or with fine whichmay extend to one thousand rupees, or with both.

If any railway servant unnecessarily--

(a) allows any rolling stock to stand across a place where the railway crosses a public road on thelevel; or

(b) keeps a level crossing closed against the public,he shall be punishable with fine which may extend to one hundred rupees.

If any railway servant required to furnish a return by or under this Act, signsand furnishes a return which is false in any material particular or which he knows or believes to be false,or does not believe to be true, he shall be punishable with imprisonment which may extend to one year, orwith fine which may extend to five hundred rupees, or with both.

If any railway servant who is required by arailway administration to inquire into a claim for loss, destruction, damage, deterioration or non-deliveryof any consignment makes a report which is false or which he knows or believes to be false or does notbelieve to be true, he shall be punishable with imprisonment for a term which may extend to two years, orwith fine which may extend to one thousand rupees, or with both.

¹[179. Arrest for offences under certain sections. (1) If any person commits any offencementioned in sections 150 to 152, he may be arrested without warrant or other written authority by anyrailway servant or police officer not below the rank of a head constable.

(2) If any person commits any offence mentioned in sections 137 to 139, 141 to 147, 153 to 157, 159to 167 and 172 to 176, he may be arrested, without warrant or other written authority, by the officerauthorised by a notified order of the Central Government.

(3) The railway servant or the police officer or the officer authorised, as the case may be, may call tohis aid any other person to effect the arrest under sub-section (1) or sub-section (2), as the case may be.

(4) Any person so arrested under this section shall be produced before the nearest Magistrate within aperiod of twenty-four hours of such arrest excluding the time necessary for the journey from the place ofarrest to the court of the Magistrate.]

1 Subs. by Act 51 of 2003, s. 3, for section 179 (w.e.f. 1-7-2004).

(1) If any person who commits any offence underthis Act, other than an offence mentioned in ¹[sub-section (2) of section 179], or is liable to pay anyexcess charge or other sum demanded under section 138, fails or refuses to give his name and address orthere is reason to believe that the name and address given by him are fictitious or that he will abscond,²[the officer authorised] may arrest him without warrant or written authority.

(2) ³[The officer authorised] may call to his aid any other person to effect the arrest undersub-section (1).

(3) Any person arrested under this section shall be produced before the nearest Magistrate within aperiod of twenty-four hours of such arrest excluding the time necessary for the journey from the place ofarrest to the court of the Magistrate unless he is released earlier on giving bail or if his true name andaddress are ascertained on executing a bond without sureties for his appearance before the Magistratehaving jurisdiction to try him for the offence.

(4) The provisions of Chapter XXIII of the Code of Criminal Procedure, 1973 (2 of 1974), shall, sofar as may be, apply to the giving of bail and the execution of bonds under this section.

1 Subs. by s. 4, ibid., for "section 179" (w.e.f. 1-7-2004).

2 Subs. by s. 4, ibid., for certain words (we.f. 1-7-2004).

3 Subs. by s. 4, ibid., for "The railway servant or the police officer" (w.e.f. 1-7-2004).

¹[180A. Inquiry by officer authorised to ascertain commission of offence. For ascertaining factsand circumstances of a case, the officer authorised may make an inquiry into the commission of anoffence mentioned in sub-section (2) of section 179 and may file a complaint in the competent court if theoffence is found to have been committed.]

1 Ins. by Act 51 of 2003, s. 5 (w.e.f. 1-7-2004).

¹[180B. Powers of officer authorised to inquire. While making an inquiry, the officer authorisedshall have power to,--

(i) summon and enforce the attendance of any person and record his statement;

(ii) require the discovery and production of any document;

(iii) requisition any public record or copy thereof from any office, authority or person;

(iv) enter and search any premises or person and seize any property or document which may berelevant to the subject-matter of the inquiry.]

1 Ins. by Act 51 of 2003, s. 5 (w.e.f. 1-7-2004).

¹[180C. Disposal of persons arrested.Every person arrested for an offence punishable undersub-section (2) of section 179 shall, if the arrest was made by a person other than the officer authorised,be forwarded, without delay, to such officer.]

1 Ins. by Act 51 of 2003, s. 5 (w.e.f. 1-7-2004).

¹[180D. Inquiry how to be made against arrested person. (1) When any person is arrested by theofficer authorised for an offence punishable under this Act, such officer shall proceed to inquire into thecharge against such person.

(2) For this purpose, the officer authorised may exercise the same powers and shall be subject to thesame provisions as the officer in charge of a police station may exercise and is subject to the provisions ofthe Code of Criminal Procedure, 1973 (2 of 1974 ), when investigating a cognizable case:

Provided that--

(a) if the officer authorised is of the opinion that there is sufficient evidence or reasonable groundof suspicion against the accused person, he shall either admit him to bail to appear before aMagistrate having jurisdiction in the case, or forward him in custody to such Magistrate;

(b) if it appears to the officer authorised that there is not sufficient evidence or reasonable groundof suspicion against the accused person, he shall release the accused person on his executing a bond,with or without sureties as the officer authorised may direct, to appear, if and when so required,before the Magistrate having jurisdiction.]

1 Ins. by Act 51 of 2003, s. 5 (w.e.f. 1-7-2004).

¹[180E. Search, seizure and arrest how to be made. All searches, seizures and arrests made underthis Act shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973(2 of 1974 ), relating respectively to searches and arrests made under that Code.]

1 Ins. by Act 51 of 2003, s. 5 (w.e.f. 1-7-2004).

¹[180F. Cognizance by Court on a complaint made by officer authorised. No court shall takecognizance of an offence mentioned in sub-section (2) of section 179 except on a complaint made by theofficer authorised.]

1 Ins. by Act 51 of 2003, s. 5 (w.e.f. 1-7-2004).

¹[180G. Punishment for certain offences in relation to inquiry. Whoever intentionally insults orcauses any interruption in the inquiry proceedings or deliberately makes a false statement before theinquiring officer shall be punished with simple imprisonment for a term which may extend to six months,or with fine which may extend to one thousand rupees, or with both.]

1 Ins. by Act 51 of 2003, s. 5 (w.e.f. 1-7-2004).

Notwithstanding anything contained in theCode of Criminal Procedure, 1973 (2 of 1974), no court inferior to that of a Metropolitan Magistrate or aJudicial Magistrate of the first class shall try an offence under this Act.

(1) Any person committing an offence under this Act or any rule madethereunder shall be triable for such offence in any place in which he may be or which the StateGovernment may notify in this behalf, as well as in any other place in which he is liable to be tried underany law for the time being in force.

(2) Every notification under sub-section (1) shall be published in the Official Gazette, and a copythereof shall be exhibited for the information of the public in some conspicuous place at such railwaystations as the State Government may direct.

(1) A railway administration may, for thepurpose of facilitating the carriage of passengers or goods or to provide integrated service for suchcarriage, provide any other mode of transport.

(2) Notwithstanding anything contained in any other law for the time being in force, the provisions ofthis Act shall apply to the carriage of passengers or goods by the mode of transport referred to insub-section (1).

(1) Notwithstanding anything to the contrarycontained in any other law, a railway administration shall not be liable to pay any tax in aid of the fundsof any local authority unless the Central Government, by notification, declares the railway administrationto be liable to pay the tax specified in such notification.

(2) While a notification of the Central Government under sub-section (1) is in force, the railwayadministration shall be liable to pay to the local authority either the tax specified in the notification or, inlieu thereof, such sum, if any, as an officer appointed in this behalf by the Central Government may,having regard to all the circumstances of the case, from time to time, determine to be fair and reasonable.

(3) The Central Government may at any time revoke or vary a notification issued undersub-section (1).

(4) Nothing in this section shall be construed to prevent any railway administration from entering intoa contract with any local authority for the supply of water or light, or for the scavenging of railwaypremises, or for any other service which the local authority may be rendering or be prepared to render tothe railway administration.

(1) Notwithstanding anything to the contrarycontained in any other law, a railway administration shall not be liable to pay any tax to any localauthority in respect of any advertisement made on any part of the railway unless the Central Government,by notification, declares the railway administration to be liable to pay the tax specified in suchnotification.

(2) The Central Government may at any time revoke or vary a notification issued undersub-section (1).

No suit, prosecution or other legal proceeding shalllie against the Central Government, any railway administration, a railway servant or any other person foranything which is in good faith done or intended to be done in pursuance of this Act or any rules or ordersmade thereunder.

(1) No rolling stock, machinery, plant,tools, fittings, materials or effects used or provided by a railway administration for the purpose of trafficon its railway, or of its stations or workshops, shall be liable to be taken in execution of any decree ororder of any court or of any local authority or person having by law the power to attach or distrainproperty or otherwise to cause property to be taken in execution, without the previous sanction of theCentral Government.

(2) Nothing in sub-section (1) shall be construed to affect the authority of any court to attach theearnings of a railway in execution of a decree or order.

(1) Any railway servant, who is not a public servant within themeaning of section 21 of the Indian Penal Code (45 of 1860), shall be deemed to be a public servant forthe purposes of Chapter IX and section 409 of that Code.

(2) In the definition of legal remuneration in section 161 of the Indian Penal Code (45 of 1860), theword Government shall, for the purposes of sub-section (1), be deemed to include any employer of arailway servant as such.

A railway servant shall not--

(a) purchase or bid for, either in person or by an agent, in his own name or in that of another, orjointly or in shares with others, any property put to auction under section 83 or section 84 or section85 or section 90; or

(b) in contravention of any direction of the railway administration in this behalf, engage in trade.

If a railway servant is discharged from service or is suspended, or dies or absconds or absentshimself, and he or his wife or widow or any member of his family or his representative, refuses orneglects, after notice in writing for that purpose, to deliver up to the railway administration or to a personappointed by the railway administration, in this behalf, any station, office or other building with itsappurtenances, or any books, papers, keys, equipment or other matters, belonging to the railwayadministration and in the possession or custody of such railway servant at the occurrence of any suchevent as aforesaid, any Metropolitan Magistrate or Judicial Magistrate of the first class may, onapplication made by or on behalf of the railway administration, order any police officer, with properassistance, to enter upon the station, office or other building and remove any person found therein andtake possession thereof, or to take possession of the books, papers or other matters, and to deliver thesame to the railway administration or to a person appointed by the railway administration in that behalf.

Entries made in the records or other documentsof a railway administration shall be admitted in evidence in all proceedings by or against the railwayadministration, and all such entries may be proved either by the production of the records or otherdocuments of the railway administration containing such entries or by the production of a copy of theentries certified by the officer having custody of the records or other documents under his signature andstating that it is a true copy of the original entries and that such original entries are contained in therecords or other documents of the railway administration in his possession.

Any notice or other document required orauthorised by this Act to be served on a railway administration may be served, in the case of a ZonalRailway, on the General Manager or any of the railway servant authorised by the General Manager, andin the case of any other railway, on the owner or lessee of the railway or the person working the railwayunder an agreement--

(a) by delivering it to him; or

(b) by leaving it at his office; or

(c) by registered post to his office address.

Unless otherwise provided in this Act orthe rules framed thereunder, any notice or other document required or authorised by this Act to be servedon any person by a railway administration may be served--

(a) by delivering it to the person; or

(b) by leaving it at the usual or last known place of abode of the person; or

(c) by registered post addressed to the person at his usual or last known place of abode.

Where a notice or other document is served bypost, it shall be deemed to have been served at the time when the letter containing it would be delivered inthe ordinary course of post, and in proving such service, it shall be sufficient to prove that the lettercontaining the notice or other document was property addressed and registered.

(1) A railway administration may, by order inwriting, authorise any railway servant or other person to act for, or represent it, as the case may be, in anyproceeding before any civil, criminal or other court..

(2) A person authorised by a railway administration to conduct prosecutions on its behalf shall,notwithstanding anything in section 302 of the Code of Criminal Procedure, 1973 (2 of 1974), be entitledto conduct such prosecutions without the permission of the Magistrate.

(1) The Central Government may, by notification,exempt any railway from all or any of the provisions of this Act.

(2) Every notification issued under sub-section (1) shall be laid as soon as may be after it is issuedbefore each House of Parliament.

(1) For thepurposes of sections 67, 113, 121, 123, 147, 151 to 154, 160, 164, 166, 168, 170, 171, 173 to 176, 179,180, 182, 184, 185, 187 to 190, 192, 193, 195 and of this section, the word "railway" whether it occursalone or as a prefix to another word, has reference to a railway or portion of a railway under constructionand to a railway or portion of a railway not used for the public carriage of passengers, animals or goods aswell as to a railway falling within the definition of that word in clause (31) of section 2.

(2) For the purposes of sections 7, 24, 113, 146, 172 to 176 and 188 to 190, the expression "railwayservant" includes a person employed under a railway in connection with the service thereof by a personfulfilling a contract with the railway administration.

Without prejudice to any power to make rules containedelsewhere in this Act, the Central Government may make rules generally to carry out the purposes of thisAct.

Every rule made under this Act shall be laid, as soon asmay be after it is made, before each House of Parliament, while it is in session, for a total period of thirtydays which may be comprised in one session or in two or more successive sessions, and if, before theexpiry of the session immediately following the session or the successive sessions aforesaid, both Housesagree in making any modification in the rule or both Houses agree that the rule should not be made, therule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so,however, that any such modification or annulment shall be without prejudice to the validity of anythingpreviously done under that rule.

(1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed.

(2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred toas the repealed Act)--

(a) anything done or any action taken or purported to have been done or taken (including anyrule, notification, inspection, order or notice made or issued, or any appointment or declaration madeor any licence, permission, authorisation or exemption granted or any document or instrumentexecuted or any direction given or any proceedings taken or any penalty or fine imposed) under therepealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to havebeen done or taken under the corresponding provisions of this Act;

(b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of therepealed Act but not disposed of before the commencement of this Act and any complaint that maybe made to the said Tribunal against any act or omission of a railway administration under therepealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance withthe provisions of Chapter VII of this Act.

(3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect thegeneral application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect ofrepeal.