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Bar News Acts League

The Railways Act, 1989

Act ID: 1989

The Railways Act, 1989

"An Act to consolidate, amend and rationalise the law relating to railways."

Table of Contents

233 Sections

Ch. IP

reliminary

S.1Short title and commencement S.2Definitions

Ch. IIR

ailway administrations

S.3Zonal Railways S.4Appointment of General Manager

Ch. IIA

Rail Land Development Authority

S.4AEstablishment of Railway Land Development Authority S.4BComposition of Authority S.4CTerms and conditions of appointment of Vice-Chairman and other Members S.4DFunctions of Authority S.4EPowers of Authority to enter into agreements and execute contracts S.4FProcedure of transaction of business of Authority S.4GAppointment of officers and other employees of Authority S.4HSalaries, allowances, etc., to be defrayed out of Consolidated Fund of India S.4IPower of Authority to make regulations

Ch. IIICo

mmissioners of railway safety

S.5Appointment of Chief Commissioner of Railway Safety and Commissioners of Railway Safety S.6Duties of Commissioner S.7Powers of Commissioner S.8Commissioner to be public servant S.9Facilities to be afforded to Commissioners S.10Annual report of Commissioners

Ch. IVCo

nstruction and maintenance of works

S.11Power of railway administrations to execute all necessary works S.12Power to alter the position of pipe, electric supply line, drain or sewer, etc S.13Protection for Government property S.14Temporary entry, upon land to remove obstruction, to repair or to prevent accident S.15Payment of amount for damage or loss S.16Accommodation works S.17Power of owner, occupier, State Government or local authority to cause additional accommodation works to be made S.18Fences, gates and bars S.19Overbridges and underbridges S.20Power of Central Government to give directions for safety

Ch. IVA

Land acquisition for a special railway project

S.20APower to acquire land, etc S.20BPower to enter for survey, etc S.20CEvaluation of damages during survey, measurement, etc S.20DHearing of objections, etc S.20EDeclaration of acquisition S.20FDetermination of amount payable as compensation S.20GCriterion for determination of market-value of land S.20HDeposit and payment of amount S.20IPower to take possession S.20JRight to enter into land where land has vested in Central Government S.20KCompetent authority to have certain powers of civil court S.20LUtilisation of land for the purpose it is acquired S.20MSharing with landowners the difference in price of a land when transferred for a higher consideration S.20NLand Acquisition Act 1 of 1894 not to apply S.20OApplication of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition S.20PPower to make rules in respect of matters in this Chapter

Ch. VO

pening of railways

S.21Sanction of the Central Government to the opening of railway S.22Formalities to be complied with before giving sanction to the opening of a railway S.23Sections 21 and 22 to apply to the opening of certain works S.24Temporary suspension of traffic S.25Power to close railway opened for the public carriage of passengers S.26Re-opening of closed railway S.27Use of rolling stock S.28Delegation of powers S.29Power to make rules in respect of matters in this Chapter

Ch. VIF

ixation of rates

S.30Power to fix rates S.31Power to classify commodities or alter rates S.32Power of railway administration to charge certain rates

Ch. VIIR

ailway rates tribunal

S.33Constitution of the Railway Rates Tribunal S.34Staff of the Tribunal S.35Sittings of the Tribunal S.36Complaints against a railway administration S.37Matters not within the jurisdiction of the Tribunal S.38Powers of the Tribunal S.39Reference to the Tribunal S.40Assistance by the Central Government S.41Burden of proof, etc S.42Decision, etc., of the Tribunal S.43Bar of jurisdiction of courts S.44Reliefs which the Tribunal may grant S.45Revision of decisions given by the Tribunal S.46Execution of decisions or orders of the Tribunal S.47Report to the Central Government S.48Power of the Tribunal to make regulations

Ch. VIIICa

rriage of passengers

S.49Exhibition of certain timings and tables of fares at stations S.50Supply of tickets on payment of fare S.51Provision for case in which ticket is issued for class or train not having accommodation for additional passengers S.52Cancellation of ticket and refund S.53Prohibition against transfer of certain tickets S.54Exhibition and surrender of passes and tickets S.55Prohibition against travelling without pass or ticket S.56Power to refuse to carry persons suffering from infectious or contagious diseases S.57Maximum number of passengers for each compartment S.58Earmarking of compartment, etc., for ladies S.59Communications between passengers and railway servant in charge of train S.60Power to make rules in respect of matters in this Chapter

Ch. IXCa

rriage of goods

S.61Maintenance of rate-books, etc., for carriage of goods S.62Conditions for receiving, etc., of goods S.63Provision of risk rates S.64Forwarding note S.65Railway receipt S.66Power to require statement relating to the description of goods S.67Carriage of dangerous or offensive goods S.68Carriage of animals suffering from infectious or contagious diseases S.69Deviation of route S.70Prohibition of undue preference S.71Power to give direction in regard to carriage of certain goods S.72Maximum carrying capacity for wagons and trucks S.73Punitive charge for overloading a wagon S.74Passing of property in the goods covered by railway receipt S.75Section 74 not to affect right of stoppage in transit or claims for freight S.76Surrender of railway receipt S.77Power of railway administration to deliver goods or sale proceeds thereof in certain cases S.78Power to measure, weigh, etc S.79Weighment of consignment on request of the consignee or endorsee S.80Liability of railway administration for wrong delivery S.81Open delivery of consignments S.82Partial delivery of consignments S.83Lien for freight or any other sum due S.84Unclaimed consignment S.85Disposal of perishable consignments in certain circumstances S.86Sales under sections 83 to 85 not to affect the right to suit S.87Power to make rules in respect of matters in this Chapter

Ch. XS

pecial provisions as to goods booked to notified stations

S.88Definitions S.89Power to declare notified stations S.90Disposal of unremoved goods at notified stations S.91Price to be paid to person entitled after deducting dues S.92Power to make rules in respect of matters in this Chapter

Ch. XIR

esponsibilities of railway administrations as carriers

S.93General responsibility of a railway administration as carrier of goods S.94Goods to be loaded or delivered at a siding not belonging to a railway administration S.95Delay or retention in transit S.96Traffic passing over railways in India and railways in foreign countries S.97Goods carried at owner’s risk rate S.98Goods in defective condition or defectively packed S.99Responsibility of a railway administration after termination of transit S.100Responsibility as carrier of luggage S.101Responsibility as a carrier of animals S.102Exoneration from liability in certain cases S.103Extent of monetary liability in respect of any consignment S.104Extent of liability in respect of goods carried in open wagon S.105Right of railway administration to check contents of certain consignment or luggage S.106Notice of claim for compensation and refund of overcharge S.107Applications for compensation for loss, etc., of goods S.108Person entitled to claim compensation S.109Railway administration against which application for compensation for personal injury is to be filed S.110Burden of proof S.111Extent of liability of railway administration in respect of accidents at sea S.112Power to make rules in respect of matters in this Chapter

Ch. XIIA

ccidents

S.113Notice of railway accident S.114Inquiry by Commissioner S.115Inquiry by railway administration S.116Powers of Commissioner in relation to inquiries S.117Statement made before Commissioner S.118Procedure, etc S.119No inquiry, investigation, etc., to be made if the Commission of Inquiry is appointed S.120Inquiry into accident not covered by section 113 S.121Returns S.122Power to make rules in respect of matters in this Chapter

Ch. XIIILia

bility of railway administration for death and injury to passengers due to accidents

S.123Definitions S.124Extent of liability S.124ACompensation on account of untoward incidents S.125Application for compensation S.126Interim relief by railway administration S.127Determination of compensation in respect of any injury or loss of goods S.128Saving as to certain rights S.129Power to make rules in respect of matters in this Chapter

Ch. XIVR

egulation of hours of work and period of rest

S.130Definitions S.131Chapter not to apply to certain railway servants S.132Limitation of hours of work S.133Grant of periodical rest S.134Railway servant to remain on duty S.135Supervisors of railway labour S.136Power to make rules in respect of matters in this Chapter

Ch. XVP

enalties and offences

S.137Fraudulently travelling or attempting to travel without proper pass or ticket S.138Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance S.139Power to remove persons S.140Security for good behaviour in certain cases S.141Needlessly interfering with means of communication in a train S.142Penalty for transfer of tickets S.143Penalty for unauthorised carrying on of business of procuring and supplying of railway tickets S.144Prohibition on hawking, etc., and begging S.145Drunkenness or nuisance S.146Obstructing railway servant in his duties S.147Trespass and refusal to desist from trespass S.148Penalty for making a false statement in an application for compensation S.149Making a false claim for compensation S.150Maliciously wrecking or attempting to wreck a train S.151Damage to or destruction of certain railway properties S.152Maliciously hurting or attempting to hurt persons travelling by railway S.153Endangering safety of persons travelling by railway by wilful act or omission S.154Endangering safety of persons travelling by railway by rash or negligent act or omission S.155Entering into a compartment reserved or resisting entry into a compartment not reserved S.156Travelling on roof, step or engine of a train S.157Altering or defacing pass or ticket S.158Penalty for contravention of any of the provisions of Chapter XIV S.159Disobedience of drivers or conductors of vehicles to directions of railway servant, etc S.160Opening or breaking a level crossing gate S.161Negligently crossing unmanned level crossing S.162Entering carriage or other place reserved for females S.163Giving false account of goods S.164Unlawfully bringing dangerous goods on a railway S.165Unlawfully bringing offensive goods on a railway S.166Defacing public notices S.167Smoking S.168Provision with respect to commission of offence by the children of acts endangering safety of person travelling on railway S.169Levy of penalty on non-Government railway S.170Recovery of penalty S.171Section 169 or 170 not to preclude Central Government from taking any other action S.172Penalty for intoxication S.173Abandoning train, etc., without authority S.174Obstructing running of train, etc S.175Endangering the safety of persons S.176Obstructing level crossing S.177False returns S.178Making a false report by a railway servant S.179Arrest for offences under certain sections S.180Arrest of persons likely to abscond, etc S.180AInquiry by officer authorised to ascertain commission of offence S.180BPowers of officer authorised to inquire S.180CDisposal of persons arrested S.180DInquiry how to be made against arrested person S.180ESearch, seizure and arrest how to be made S.180FCognizance by Court on a complaint made by officer authorised S.180GPunishment for certain offences in relation to inquiry S.181Magistrate having jurisdiction under the Act S.182Place of trial

Ch. XVIMis

cellaneous

S.183Power to provide other transport services S.184Taxation on railways by local authorities S.185Taxation on railways for advertisement S.186Protection of action taken in good faith S.187Restriction on exceution against railway property S.188Railway servants to be public servants for the purposes of Chapter IX and section 409 of the Indian Penal Code (45 of 1860)S.189Railway servants not to engage in trade S.190Procedure for delivery to railway administration of property detained by a railway servant S.191Proof of entries in records and documents S.192Service of notice, etc., on railway administration S.193Service of notice, etc., by railway administration S.194Presumption where notice is served by post S.195Representation of railway administration S.196Power to exempt railway from Act S.197Matters supplemental to the definitions of “railway” and “railway servant”S.198General power to make rules S.199Rules to be laid before Parliament S.200Repeal and saving