Public Utilities

THE RAILWAYS ACT,1989[PART II]

June 29, 2009

268

CHAPTER IX-CARRIAGE OR GOODS

61. Maintenance of rate-books, etc., for carriage of goods.- Every railway administration shall maintain, at each station and at such other places where goods are received for carriage, the rate-books or other documents which shall contain the rate authorized for the carriage of goods form one station to another and make them available for the reference of any person during all reasonable hours without payment of any fee.

62. Conditions for receiving, etc., of goods.- (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 are received for carriage, a copy of the conditions for the time being in force under sub-section (1) and make them available for the reference of any person during all reasonable hours without payment of any fee.

63. Provision of risk rate.- (1) Where any goods are entrusted to a railway administration for carriage, such carriage shall, except where owner$s risk rate is applicable in respect of such goods, be at railway risk rate.

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

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

64. Forwarding note.- (1) Every person entrusting any goods to a railway administration for carriage 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 the forwarding note.

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

65. Railway receipt.- (1) A railway administration shall,-

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

(b) in any other case, on the acceptance of the goods by it,

issue a railway receipt in such form as may be specified by the Central Government.

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

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

66. Power to require statement relating to the description of goods.- (1) The owner or a person having charge of any goods which are brought upon are brought upon a railway for the purposes of carriage by railway, and the consignee or the endorsee of any consignment shall, on the request of any railway servant authoried on this behalf, deliver to such railway servant a statement in writhing signed by such owner or person or by such consignee or endorsee, as the case may be, containing such description of the goods as would enable the 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 be open to the railway administration to refuse to accept such goods for carriage unless such owner or person pays 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 under sub-section (1) and refuses to open the package containing the goods, if so required by the railway servant, it shall be open to the railway administration to charge in respect of the carriage of the goods the highest rate for any class of goods.

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

(5) If any difference arises between a railway servant and such owner or person, the consigee or the endorsee, as the case may be, in respect of the description of the goods for which a statement has been delivered 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 such examination it is found that the description of the goods is different from that given in the statement delivered under sub-section (1), the cost of such detention and examination shall be borne by such owner or person, the consignee or the endorsee, as the case may be, and the railway administration shall not be liable for any loss, damage or deterioration which may be caused by such detention or examination.

67. Carriage of dangerous or offensive goods.- (1) No person shall take with him on a railway, or require a railway administration to carry such dangerous or offensive goods, as may be prescribed, except in 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 gives a notice in writhing of their dangerous or offensive nature to the railway servant authorized in this behalf.

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

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

(5) Notwithstanding anything contained in this section, any railway servant may refuse to accept any dangerous 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 age not complied with.

(6) Nothing in this section shall be construed to derogate from the provisions of the Indian Explosives Act, 1884 (4 of 1884), or any 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 or to any goods which a soldier, sailor, airman or any other officer of the armed forces of the Union or a police officer or a member of the Territorial Army or of the National Cadet Corps may take with him on a railway in the course of his employment or duty as such.

68. Carriage of animals suffering from infectious or contagious diseases.- A railway administration shall not be bound to carry any animal suffering from such infectious or contagious disease as may be prescribed.

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

70. Prohibition of undue preference.- A railway administration shall not make or give any undue or unreasonable preference or advantage to, or in favour of, any particular person or any particular description of traffic in the carriage of goods.

71. Power to give direction in regard to carriage of certain goods.- (1) The Central Government may, 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 goods consigned by or to the Central Government or the Government of any state or of such other goods or class of goods;

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

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 of one year form the date of such order, but may, by a like order, be renewed from time to time for such period 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 to comply with any order given under sub-section (1)and any action taken by a railway administration in pursuance of any such order shall not be deemed to be contravention of section 70.

72. Maximum carrying capacity for wagons and trucks.- (1) The gross weight of every wagon or trucks bearing on the axles when the wagon or truck is loaded to its maximum carrying capacity shall not exceed such limit as may be fixed by the central Government for the class of axle under the wagon or truck.

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

(3) Every person owing a wagon or truck which passes over a railway shall determine and exhibit the 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 railway administration considers it necessary or expedient so to do in respect of any wagon or truck carrying any specified class of goods or any class of wagons or trucks of any specified type, it may vary the normal carrying capacity for such wagon or truck or such class or wagons or trucks and subject to such conditions as it may think fit to impose, determine for the wagon or truck or class of wagons or trucks such carrying capacity as may be specified in the notification and it shall not be necessary to exhibit the words and figures representing the carrying capacity so determined on the outside of such wagon or truck or such class of wagons or trucks.

73. Punitive charge for overloading a wagon.- Where a person loads goods in a wagon beyond its permissible carrying capacity as exhibited under sub-section (2) or sub-section (3), or notified under sub-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 penalty at 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 the capacity 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.

74. Passing of property in the goods covered by railway receipt.- The property in the consignment 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 the consignor.

75. Section 74 not to affect right of stoppage in transit or claims for freight.- Nothing contained in section 74 shall prejudice or affect-

(a) any right of the consignor for stoppage of goods in transit as an unpaid vendor (as defined under 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 being such consignee or endorsee.

76. Surrender of railway receipt.- The railway administration shall deliver the consignment under a 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 the person, entitled in the opinion of the railway administration to receive the goods, in such manner as may be prescribed.

77. Power of railway administration to deliver goods or sale proceeds thereof in certain cases.- where no railway receipt is forthcoming and any consignment or the sale proceeds of any consignment are claimed by tow or mire persons, the railway administration may withhold delivery of such consignment or sale proceeds, as the case may be, and shall deliver such consignment or sale proceeds in such manner as may be prescribed.

78. Power to measure, weigh, etc.- Notwithstanding anything contained in the railway receipt, the railway 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.

79. Weighment of consignment on request of the consigee or endorsee.- A railway administration may, on the request made by the consignee or endorsee, allow weighment of the consignment subject to such conditions and on payment of such charges as may be prescribed and the demurrage charges if any:

Provided that except in cases where a railway servant authorized in this behalf considers it necessary so to do, no weighment shall be allowed of goods booked at owner$s risk rate or goods which are perishable and are likely to lose weight in transit:

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

80. Liability of railway administration for wrong delivery.- Where a railway administration delivers the consignment to the person who produces the railway receipt, it shall not be responsible for any wrong delivery on the ground that such person is not entitled thereto or that the endorsement on the railway receipt is forged or otherwise defective.

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

82. Partial delivery of consignments.- (1) The consignee or endorsee shall, as soon as the consignment or part thereof is ready for delivery, take delivery of such consignment or part thereof notwithstanding that such consignment or part thereof is damaged.

(2) In the case of partial delivery under sub-section (1), the railway administration shall furnish a partial 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 or part thereof shall be subject to wharfage charges beyond the time allowed for removal.

83. Lien for freight or any other sum due.- (1) If the consignor, the consignee of the endorsee fails to pay on demand any freight or other charges due from him in respect of any consignment, the railway administration may detain such consignment or part thereof or, if such consignment is delivered, if may detain 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 realize a sum equal to the freight or other charges:

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

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

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

84. Unclaimed consignment.- (1) If any person fails to take delivery of –

(a) any consignment; or

(b) the consignment released from detention 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 consignment in 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 to be served upon the consignee if his name and address are known, and upon the consigner if the name and address of the consignee are not known, requiring him to remove the goods within a period of seven days form the receipt thereof and if such notice cannot be served or there is a failure to comply with the requisition in the notice, sell such consignment in the manner provided in clause (b) of sub-section (2) of section 83.

(3) The railway administration shall, out of the sale proceeds received under sub-section (2), retain a sum 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.

85. Disposal of perishable consignments in certain circumstances.- (1) Where by reason of any flood, land-slip, breach of any lines of rails, collision between trains, derailment of, or other accident to train or nay other cause, traffic on any route is interrupted and there is no likelihood of early resumption of such traffic, nor is there any other reasonable route whereby traffic of perishable consignment may be diverted to prevent, loss or deterioration of, or damage to, such consignment, the railway administration may 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 a sum 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.

86. Sales under sections 83 to 85 not to affect the right to suit.- Notwithstanding anything contained in this Chapter, the right of sale under sections 83 to 85 shall be without prejudice to the right of the railway administration to recover by suit, any freight , charge, amount or other expenses due to it.

87. Power to make rules in respect of matters in this Chapter.- (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 may provide for all or any of the following matters namely:-

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

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

(d) rates of penalty charges under section 73;

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

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

(g) the conditions subject to which and charges payable for allowing weighment and circumstances for not allowing weighment of consignment in wagon load or train-load under section 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) of section 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 punishable with 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 in force under this section, and shall allow any person to refer to it free of charge.

CHAPTER X-SPECIAL PROVISIONS AS TO GOODS BOOKED TO NOTIFIED STATIONS

88. Definitions.- In this Chapter, unless the context otherwise requires,-

(a) essential commodity means an essential commodity as defined in clause (a) of section 2 of the 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 in which such station is situated, or where such station is situated, in a Union territory, the administrator of that Union territory appointed under article 239 of the Constitution.

89. Power to declare notified stations.- (1) The central Government may, if it is satisfied that it is necessary that goods entrusted for carriage by train intended solely for the carriage of goods to any railway station should be removed without delay from such railway station, declare, by notification, such railway 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, the Central 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 such railway 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 removed therefrom 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 period specified in any notification issued under this sub-section in respect to any railway station shall not exceed six moths in the first instance, but such period may, by notification, 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 station makes an application in such form and manner as may be prescribed and specifies therein the address of the person to whom intimation by registered post of the arrival of the goods at the notified station shall be given and pays the postage changes 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 the prescribed from setting out the description of the goods which by reason of the fact that they have not been removed form the station within a period of seven days from the termination fo transit thereof are liable to be sold, in accordance with the provision of sub-section (1) of section 90 by public auction and the dates on which they would be so sold:

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

(4) If the goods specified in any statement to be exhibited under sub-section (3) include essential commodities, the railway servant preparing the statement shall, as soon as may be after the preparation of such 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

90. Disposal of unremoved goods at notified stations.- (1) If any goods entrusted for carriage to any notified station by a train intended solely for the carriage of goods are not, removed from such station by a person entitled to do so within a period of seven days after the termination of transit thereof at such station, the railway administration may, subject to the provisions of sub-section (2), sell such goods by public auction and apart from exhibiting, in accordance with the provisions of sub-section (3) of section 89, a statement containing a description of such goods, it shall not be necessary to give any notice of such public auction, but the date on which such auction may be held under this sub-section may be notified in one or mire local newspapers, or where there are no such newspapers, in such manner as may be prescribed:

Provided that if a t any time before the sale of such goods under this sub-section, the person entitled thereto pays the freight and other charges and the expenses due in respect thereof to the railway administration, 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, being essential commodities, are required by the Central Government or the State Government for tits own use or if the Central Government or such State Government considers that it is necessary for securing the availability 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 to such agency, co-operative society or other person (being an agency, co-operative society or other person subject to the control of the Government) engaged in the business of selling such essential commodities as may be specified in the direction.

(3) Every direction issued under sub-section (2) in respect of any essential commodity shall be binding on the railway servant to whom it is issued and the railway administration and it shall be a sufficient defence against any claim by the person entitled to the goods that such essential commodities have 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 to prevent 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 the freight and other charges and the expenses due in respect thereof and claims that he be allowed to remove the goods; or

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

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

(4) The price payable for any essential commodity transferred in compliance with a direction issued under sub-section (2) shall be the price calculated in accordance with the provisions of sub-section (3) of section 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 notification 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 be calculated in accordance 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 oil-seeds or edible oils in respect whereof no notification issued under sub-section (3A) of section 3 of the Essential Commodities Act, 1955 (10 of 55), is in force in the locality in which the notified station is 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 king of sugar in respect whereof no notification 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 the producer to himself, be calculated in accordance with the provisions of sub-section (3C) of that section.

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

91. Price to be paid to person entitled after deducting dues.- (1) Out of the proceeds of any sale of goods under sub-section (1) of section 90 or the price payable therefore under sub-section (4) of that section, the railway administration may retain a sum equal to the freight and other charges due in respect of such goods and the expenses incurred in respect of the goods and the auction thereof and render the surplus, if any, to the person entitled thereto.

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

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

92. Power to make rules in respect of matters in this Chapter.- (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 may provide 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 first proviso to sub-section (1) of section 89;

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

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

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

CHAPTER XI -RESPONSIBILITIES OF RAILWAY ADMINISTRATION AS CARRIERS

93. General responsibility of a railway administration as carrier of goods.- Save as otherwise provided in this Act, a railway administration shall be responsible for the loss, destruction, damage or deterioration in transit, or non-delivery of any consignment, arising from any cause except the following namely:-

(a) act of God;

(b) act of war;

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

(e) order or restrictions imposed by the Central Government or by an officer or authority subordinate to the Central Government or a State Government authorized by it in this behalf;

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

(h) latent defects;

(i) fire, explosion or any unforeseen risk:

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

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

(2) Where any consignment is required to be delivered by a railway administration at a siding not belonging 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 arising after the wagon containing the consignment has been placed at the specified point of interchange of wagons between the railway and the siding and the owner of the siding has been informed in writing accordingly by a railway servant authorized in this behalf.

95. Delay or detention in transit.- 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 the delay or detention in their carriage if the railway administration proves that the delay or detention arose for reasons beyond its control or without negligence or misconduct on its part or on the part of any its servants.

96. Traffic passing over railways in India and railways in foreign countries.- Where in the course of carriage of any consignment from a place in India to a place outside India or form a place outside India to a place in India or from one place outside India to another place outside India or from one place in India to another place in India over any territory outside India, it is carried over the railways for any railway administration in India, the railway administration shall not be responsible under any of the provisions of this Chapter for the loss, destruction, damage or deterioration of the goods from whatever cause arising, unless it is proved by the owner of the goods that such loss, destruction, damage or deterioration arose over the railway of the railway administration.

97. Goods carried at owner$s risk rate.- Notwithstanding any thing contained in section 93, a railway administration shall not be responsible for any loss, destruction damage, deterioration or non-delivery in transit, of any consignment carried at owner$s risk rate, from whatever cause arising, except upon proof, that such loss, destruction, damage, deterioration or non-delivery was due to negligence or misconduct on its party 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 such consignment is not delivered to the consignee or the endorsee and such non-delivery is not proved by the 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 such consignment which has been so covered or protected that the covering or protection was not readily removable by had, it is pointed out to the railway administration on or before delivery that any part of 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 how the consignment or the package was dealt with throughout the time it was in its possession or control, but if negligence or misconduct on the part of the railway administration or any of its servants cannot be fairly inferred form such disclosure, the burden of proving such negligence or misconduct shall lie on the consignor, the consignee or the endorsee.

98. Goods in defective condition or defectively packed.- (1) Notwithstanding anything contained in the foregoing provisions of this Chapter, when any goods entrusted to a railway administration for carriage-

(a) are in 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 a result if 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 his agent 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 at destination:

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 if negligence 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 the destination station to have been damaged or to have suffered deterioration, leakage or wastage, the railway administration shall not be responsible for the damage, deterioration, leakage or wastage of the goods on proof by railway administration.-

(a) that the goods were, at the time of entrustment to the railway administration, in a defective condition, or were at that time either defectively packed or not packed in such manner as may be prescribed 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 notice of the railway administration or any or its servants at the time of entrustment of the goods to the railway 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 its servants is proved.

99. Responsibility of a railway administration after termination of transit.- (1) A railway administration 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 up to a period or seven days after the termination of transit:

Provided that where the consignment is at owner$s risk rate, the railway administration shall not be responsible as a bailee of such loss, destruction, damage, deterioration or non-delivery except on proof negligence or misconduct on the part of the railway administration or of any 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 after the termination of transit.

(3) Notwithstanding anything contained in the foregoing provisions of this section, a railway administration 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 the termination of transit.

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

100. Responsibility as carrier of luggage.- A railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of any luggage unless a railway servant has booked the luggage and given a receipt therefor and in the case of luggage which is carried by the passenger in his charge, unless it is also proved that the loss, destruction, damage or deterioration was due to negligence or misconduct on its part or on the part of any of its servants.

101. Responsibility as a carrier of animals.- A railway administration shall not be responsible for any loss of destruction of, or injuries to, any animal carries by railway arising form fright or restiveness of the animal or form overloading or wagons by the consignor .

102. Exoneration from liability in certain cases>- Notwithstanding anything contained in the foregoing 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 a materially false description of the consignment is given in the statement delivered under sub-section (1) of section 66, or

(b) where a fraud has been practiced by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee; or

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

(ii) riot, civil commotion, strike, lock-out, stoppage or restrain of labour form whatever cause arising whether partial or general ; or

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

103. Extent of monetary liability in respect of any consignment. – (1) Where any consignment is entrusted to a railway administration for carriage by railway and the value of such consignment has not been declared as required under sub-section (2) by the consignor, the amount of liability of the railway administration for the loss, destruction, damage, deterioration or non-delivery of the consignment shall in no case exceed such amount calculated with reference to the weight of the consignment as may be prescribed, and where such consignment consists of an animal, the liability shall not exceed such amount as may be prescribed.

(2) Notwithstanding anything contained is sub-section (1), where the consignor declares the value of any consignment at the time of its entrustment to a railway administration for carriage by railway, and pays such percentage charge as may be prescribed on so much of the value of such consignment as is in excess of the liability of the railway administration as calculated or specified, as the case may be, under sub-section (1), the liability of the railway administration for the loss, destruction, damage, deterioration or 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 be specified in the notification shall not be accepted for carriage by railway unless the value of such goods is declared and percentage charge is paid as required under sub-section (2).

104. Extent of liability in respect of goods carried in open wagon.- Where any goods, which, under ordinary circumstances, would be carried in covered wagon and would be liable to damage, if carried otherwise, are with the consent of the consignor, recorded in the forwarding note, carried in open wagon, 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 such destruction, damage or deterioration determined under this Chapter.

105. Right of railway administration to check contents of certain consignment or luggage.- Where the value has been declared under section 103 in respect of any consignment a railway administration may make it a condition of carrying such consignment that a railway servant authorised by it in this behalf has been satisfied by examination or otherwise that the consignment tendered for carriage contain the articles declared.

106. Notice of claim for compensation and refund of over-charge.- (1) A person shall not be entitled 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 on his 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 form , or an complaint made in writing to, any of the railway administrations mentioned in sub-section (1) by or on behalf of the person within the said period of six months regarding the non-delivery or delayed delivery of the goods with particulars sufficient to identify the goods shall, for the purpose of this section, be deemed to be a notice of claim for compensation.

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

107. Applications for compensation for loss, etc., of goods.- An application for compensation for loss, destruction, damage, deterioration or non-delivery of goods shall be filed against the railway administration on whom a notice under section 106 has been served.

108. Person entitled to claim compensation.- (1) If a railway administration pays compensation for the loss, destruction, damage, deterioration or non-delivery of goods entrusted to it for carriage, to the consignee or the endorsee producing the railway receipt, the railway administration shall be deemed to have discharged its liability and no application before the Claims Tribunal or any other legal proceeding shall lie against the railway administration on the ground that the consignee or the endorsee was not legally to receive such compensation.

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

109. Railway administration against which application for compensation for personal injury is to be filed.- An application before the Claims Tribunal for compensation for the loss of life or personal unjury 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 personal injury occurred.

110. Burden of proof.- In an application before the Claims Tribunals 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 or any consignment 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, it shall not be necessary for him to prove how the loss, destruction, damage, deterioration or non-delivery was caused.

111. Extend of liability of railway administration in respect of accidents at sea.- (1) When a railway administration contracts to carry passengers or goods partly by railway and partly by sea, a condition exempting the railway administration form responsibility for any loss of life, personal injury or loss of or damage to goods which may happen during the carriage by sea form act of God, public enemies, fire, accidents from machinery, boilers and steam and all and every other damagers and accidents of the seas rivers and navigation of whatever nature and kind shall, without being expressed, be deemed to be part of the contract, and , subject to that condition, the railway administration shall, irrespective of the 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 extent to which it would be responsible under the Merchant Shipping Act, 1958 (44 of 1958), it the ships were registered under that Act and the railway administration were owner of the ship and not to any greater extent.

(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.

112. Power to make rules in respect of matters in this Chapter.- (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 may provide for all or any of the following matters, namely:-

(a) the manner of packing of goods entrusted to a railway administration under clause (b) or sub-section (a) 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.

CHAPTER XII-ACCIDENTS

113. Notice of railway accident.- (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 the Indian 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

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

(e) any accident of any other description which the Central Government may notify in this behalf in the Official Gazette,

occurs, the station master of the station nearest to the place at which the accident occurs or where there is no 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 local limits of which the accident occurs and to such other magistrate or police officer as may be appointed in this behalf by the Central Government.

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

114. Inquiry by Commissioner.- (1) On the receipt of a notice under section 113 of the occurrence of an accident to a train carrying passengers resulting in loss of human life or grievous hurt causing total or partial disablement of permanent nature to a passenger or serious damage to railway property, the Commissioner shall, as soon as may be, notify the railway administration in whose jurisdiction the accident occurred of his intention to hold an inquiry into the causes that led to the accident and shall at the same 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 the occurrence of the accident, he shall notify the railway administration accordingly.

115. Inquiry by railway administration.- Where no inquiry is held by the Commissioner under sub-section (1) of section 114 or where the Commissioner has informed the railway administration under sub-section (2) of that section that he is not able to hod an inquiry, the railway administration within whose jurisdiction the accident occurs, shall cause an inquiry to be made in accordance with the prescribed procedure.

116. Powers of Commissioner in relation to inquiries.- (1) For the purpose of conducting an inquiry under his Chapter into causes of any accident on a railway, the Commissioner shall, in addition to the powers specified in section 7, have the powers as are vested in a civil court while trying a suit 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 ducments;

(d) requisitioning any public record or copies thereof from any court of 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 Civil Court for the purposes of section 195 and Chapter XXVI of the Cote of Criminal Producer, 1973 (2 of 1974).

117. Statement made before Commissioner.- No statement made by a person in the course of giving 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.

118. Procedure, etc.- Any railway administration or the Commissioner conducting an inquiry under this Chapter may sent notice of the inquiry to such persons, follow such procedure, and prepare the report in such manner as may be prescribed.

119. No inquiry, investigation, etc., to be made if the Commission of Inquiry is appointed.- Notwithstanding anything contained in the foregoing provisions of this Chapter, where a Commission of Inquiry 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 proceeded with, and all records or other documents relating to such inquiry shall be forwarded to such authority as may be specified by the Central Government in this behalf.

120. Inquiry into accident not covered by section 113.- Where any accident of the nature not specified in section 113 occurs in the course of working a railway the railway administration within whose jurisdiction the accident occurs, may cause such inquiry to be made into the causes of the accident, as may be prescribed.

121. Returns.- Every railway administration shall send to the Central Government, a return of accident s occurring on its railway, whether attended with injury to any person or not, in such form and manner and at such intervals as may be prescribed.

122. Power to make rules in respect of matters in this Chapter.- (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 may provide 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) of section 113;

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

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

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

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

(f) the nature of inquiry ot be made by a railway administration into the causes of an accident under section 120;

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

CHAPTER XIII-

LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERS DUE TO ACCIDENTS

123. Definitions.- 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 is a minor, hid parent;

(ii) the parent, minor brother or unmarried sister, widowed sister, widowed daughter-in-law and 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 grandparent wholly dependant on the deceased passenger.

[2] [(c)untoward incident means-

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

(ii) the making of violent attack or the commission of robbery or dacoit; 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 or reservation or booking office or on any platform on in any other place within the precincts of a railway station; or

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

124. Extent of liability.- When in the course of working a railway, an accident occurs, being either a collision between train of which one is a train carrying passengers of the derailment of or other accident to a train or any part of a train carrying passengers, them whether or not there has been any wrongful act, neglect or default on the part of the railways administration such as would entitle a passenger who has been injured or has suffered a loss to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of result of such accident, and for personal injury and loss, destruction, damage or deterioration 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.

[3] [124A. Compensation on account of untoward incident.- When in the course of working a railway an untoward incident occurs, 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 has been injured or the dependant of a passenger who has been killed to maintain an action and recover damages in respect thereof., the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death 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 the passenger dies or suffers injury due to-

(a) suicide or attempted suicide by him;

(b) self-inflict injury;

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

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

Explanation.- For the purposes of this section, passenger includes-

(i) a railway servant on duty; and

(ii) a person who has purchased a valid ticket for traveling by a train carrying passengers, no any date or a valid platform ticket and becomes a victim of an untoward incident.]

125. Application for compensation.- (1) An application for compensation under section 124 [4] [or section 124A] may be made to the Claims Tribunal-

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

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

(d) where death has resulted from the accident, [5] [or the untoward incident] by any dependant of the 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 of every other dependant.

126. Interim relief by railway administration.- (1) Where a person who has made an application for compensation under section 125 desires to be paid d interim relief, he may apply to the railway administration 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 inquiry as it may deem fit, the railway administration is satisfied that circumstances exist which require relief to be afforded to the applicant immediately, it may, pending determination by the Claims Tribunal of the actual amount of compensation payable under section 124 [6] [or section 124A] pay to any person who has sustained the injury or suffered any loss, or where death has resulted from the accident, to any dependant of the deceased, such sum as it considers reasonable for affording such relief, so however, that the sum paid 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 or interim 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 by the Claims Tribunal while determining the amount of compensation payable.

127. Determination of compensation in respect of any injury or loss of goods.- (1) Subject to such rules as may be made, the rates of compensation payable in respect of any injury shall be determined by the Claims Tribunal.

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

128. Saving as to certain rights.- (1) The right of any person to claim compensation under section 124 [7] [or section 124A] shall not affect the right of any such person to recover compensation payable under the Workmen$s Compensation Act, 1923 (8 of 1923), or any other law for the time being in force; but no person shall be entitled to claim compensation more than once in respect of the same accident.

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

129. Power to make rules in respect of matters in this Chapter.- (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 may provide for all or any of the following matter, namely:-

(a) the compensation payable for death;

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

CHAPTER XIV-REGULATION OF HOURS OF WORK AND PERIOD OF REST

130. Definitions.- 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 or has been declared to be essentially intermittent or intensive;

(b) the employment of a railway servant is said to be essentially intermittent when it has been declared to be so by the prescribed authority on the ground that the daily hours of duty of the railway servant normally include periods of inaction aggregating to fifty percent. or more (including at least one such period of not less than one hours or two such periods of not less than half an hour each) in a tour 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 sustained attention;

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

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

(ii) armed guard or other personal subject to discipline similar to that of any of the armed police 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 be so by the prescribed authority on the ground that it is of a strenuous nature involving continued concentration or hard manual labour with little or no period of relaxation.

131. Chapter not to apply to certain railway servants.- Nothing in this Chapter shall apply to any railway servant to whom the Factories Act, 1948 (63 of 1948) or the Mines Act, 1952 (35 of 1952) or the Railway Protection Force Act, 1957 (23 of 1957) or the Merchant Shipping Act, 1958 (44 of 1958), applies.

132. Limitation of hours of work.- (1) A railway servant whose employment is essentially intermittent 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-four hours 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-five hours 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 the provisions of sub-section (1) or sub-section (2) or sub-section (3) may be made by the prescribed authority if it is of opinion that such temporary exemptions are necessary to avoid serious interference with the ordinary working of the railway or in cases of accident , actual or threatened, or when urgent work is required to be done to the railway or to rolling stock or in any emergency which could not have been foreseen or prevented, or in other cases or exceptional pressure of work:

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

133. Grant of periodical rest.- (1) Subject to the provisions of this section, a railway

(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 four periods of not less than thirty consecutive hours each or at least five periods of not less than twenty-two consecutive hours each, including a full night;

(ii) the Central Government may, by rules, specify the railway servants to whom periods of rest on 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 opinion that such circumstances as are referred to in sub-section (4) of section 132 are present, it may exempt any railway servant form 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, be granted compensatory periods of rest for the periods he has foregone.

134. Railway servant to remain on duty.- Nothing in this Chapter or the rules made thereunder shall, where due provision has been made for the relief of a railway servant, authorize him to leave his duty until he has been relieved.

135. Supervisors of railway labour.- (1) Subject to such rules as may be made in this behalf, the Central 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 rules made 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 sections 7 and 9.

136. Power to make rules in respect of matters in this Chapter.- (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 may provide for all or any of the following matters, namely:-

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

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

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

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

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

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

CHAPTER XV-PENALTIES AND OFFENCES

137. Fraudulently traveling or attempting to travel without proper pass or ticket.- (1) If any person, 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 section 55, or

(b) uses or attempts to use a single pass or a single ticket which has already been used on a previous 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 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 the judgment 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 in sub-section (3) in addition to the ordinary single fare for the distance which he has traveled, or where there is any doubt as to the station from which he stared, the ordinary single fare from the station from which the train originally started, or if the tickets or passengers traveling in the train have been examined since the original staring of the train, the ordinary single fare from the place where the tickets were so examined or, in case or 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 fare referred to in that sub-section or fifty rupees, whichever is more.

(4) Notwithstanding anything contained in section 65 of the Indian Penal Code (45 of 1860), the court convicting an offender may direct that the person in default of payment of any fine inflicted by the court shall suffer imprisonment for a term which may extend to six months.

138. Levy of excess charge and fare for traveling without proper pass or ticket or beyond authorized distance.- (1) If any passenger,-

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

(b) travels in train in contravention of the provisions of section 55, he shall be liable to pay, on the demand of any railway servant authorized in this behalf, the excess charge mentioned in sub-section (3) in addition to the ordinary single fare for the distance which he has traveled or, where there is any doubt as to the station from which he stated, the ordinary single fare from the station from which the train originally stated , or if the tickets of passengers traveling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were so examined or in the case of their having been examined more than once, were last examined.

(2) If any passenger,-

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

(b) Travels in or on a carriage beyond the place authorized by his pass or ticket,

he shall be liable to pay, on the demand of any railway servant authorized in this behalf, any difference between the fare paid by him and the fare payable in respect of the journey he has made and the excess charge referred to in sub-section (3).

(3) The excess charge shall be a sum equal to the amount payable under sub-section (1) or sub-section (2), as the case may be, or of fifty rupees, whichever is mire:

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 the excess charge and any difference of fare mentioned sub-section (2), fails or refuses to pay the same on a demand being made therefore under one or other of these sub-section, as the case may be, any railway servant authorized by the railway administration in this behalf may apply to any Metropolitan Magistrate or a Judicial Magistrate of the first or second class, as the case may be, for the recovery of the sum payable as if it were a fine, and the Magistrate if satisfied that the sum is payable shall order it to be so recovered , and may order that the person liable for the payment shall in default of payment suffer imprisonment of either description of a term which may extend to one month by not less than ten days.

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

139. Power to remove persons.- Any person failing or refusing to pay the fare and the excess charge referred to in section 138 may be removed by any railway servant authorized in this behalf who may 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 form a carriage of a higher class form 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 so removed except either at the station from where she or he commences her or his journey or at a junction or terminal station or station at the headquarters of a civil district and such removal shall be made only during the day.

140. Security for good behaviour in certain cases.- (1) When a court convicting a person of an offence under section 137 or section 138 finds that the has been habitually committing or attempting ot commit that offence and the court is of the opinion that it is necessary or desirable to require that person to execute a bon for good behavior, 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 exceeding three years as it deems fit.

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

141. Needlessly interfering with means of communication in a train.- If any passenger or any other person, without reasonable by a and sufficient cause, makes use of, or interferes with, any means provided by a railway administration in a train for communication between passengers and the railway servant in charge of the train, he shall be punishable with imprisonment of a term which may extend to one 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 the judgment of the court, where a passenger, without reasonable and sufficient cause, makes use of the alarm chain provided by a railway administration, such punishment shall not be less than-

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

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

142. Penalty for transfer of tickets.- (1) If any person not being a railway servant or an agent authorized in this behalf

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

(b) parts or attempts to part with the possession of a return ticket against which reservation of a seat or berth 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 a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, 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 the possession of any ticket referred to in clause (b) of that sub-section from any person other than a railway servant or an agent authorized on this behalf, he shall be punishable with imprisonment of a term which may extend to three moths and with fine which may extend to five hundred rupees and if the purchaser to holder of any ticket aforesaid travels or attempts to travel therewith. he shall forfeit the ticket which he so purchase or obtain and shall be deemed to be traveling without a proper ticket shall be liable to be dealt with under section 138:

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

143. Penalty for unauthorized carrying on of business of procuring and supplying or railway tickets.- (1) If any person, not being a railway servant or an agent authorized in this behalf,-

(a) carries on the business of procuring and supplying tickets or travel on a railway or from reserved 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 such business 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 which may extend to ten, thousand rupees, or with both, and shall also forfeit the tickets which he so procures, supplies, purchases, shells or attempts to purchases of sell:

Provided that in the absence of special and adequate reason to the contrary to be mentioned in judgment of the curt, such punishment shall not be less than imprisonment for a term of one months or a fine of five thousand rupees.

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

144. Prohibition on hawking, etc., and begging.- (1) If any person canvasses for any custom or hawks or exposes for sale any article whatsoever in any railway carriage or upon any part or a railway, except under and in accordance with the tem and conditions of a licence granted by the railway administration in this behalf, he shall be punishable with imprisonment for a term which may extend to one 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 the judgment 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 for punishment as provided under sub-section (1)

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

145. Drunkenness or nuisance.- If any person in any railway carriage or upon any part of a railway

(a) is in a state of intoxication

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

(c) willfully or without excuse interferes with any amenity provided by the railway administration so as to affect the comfortable travel of any passenger,

he ma be removed form the railway by any railway servant and shall, in addition to the forfeiture of his pass or ticket, be punishable with imprisonment which may extend to six months and with fine which may extend to five hundred rupees:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment 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 of conviction for second or subsequent offence.

146. Obstructing railway servant in his duties.- If any person willfully obstructs or prevents any railway servant in the discharge of his duties, he shall be punishable with imprisonment of a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

147. Trespass and refusal to desist from trespass.- (1) If any person enters upon or into any part of a railway without lawful authority, or having lawfully entered upon or into such part misuses such property or refuses to leave, he hall be punishable with imprisonment for a term which may extend to six months, 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 tin the judgment 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 servant or by any other person whom such railway servant may call to his aid.

148. Penalty for making a false statement in an application for compensation.- If in any application for compensation under section 125, any person makes a statement which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

149. Making a false claim for compensation.- If any person requiring compensation form a railway administration for loss, destruction, damage, deterioration or non-delivery of any consignment makes a claim which is false or which he knows or believers to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

150. Maliciously wrecking or attempting to wreck a train.- (1) Subject to the provisions of sub-section (2), if any person unlawfully,-

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

(b) takes up, removes, loosen or displaces any rail, sleeper or other matter or things 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 traveling on or being upon the railway, he shall be punishable with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, where a person is punishable with rigorous imprisonment, such imprisonment shall not 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 of sub-section (1)-

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

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

he hall be punishable with death or imprisonment of life.

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

(2) The Properties of a railway referred to in sub-section (1) are railway track, bridges, station buildings and installations, carriages or wagons locomotives, signaling, telecommunications, electric traction and block equipments and such other properties as the Central Government being of the opinion that damage thereto or destruction thereof is likely to endanger the operation of a railway, may, by notification, specify.

152. Maliciously hurting or attempting to hurt persons traveling by railway.- If any person unlawfully throws of causes to fall or strike at, against into or upon any rolling stick forming part of a train, any wood, stone or other matter or thing with intent, or with knowledge that he is likely to endanger the safety of any person being on or upon such rolling stock or in or upon any other rolling stock forming part of the same train, he shall be punish able with imprisonment for life, or with imprisonment for a term may extend to ten years.

153. Endangering safety of persons traveling by railway by willful act or omission.- If any person by any unlawful act or by willful omission or neglect, endangers or causes to be endangered the safety or any person traveling on or being upon any railway, or obstructs or causes to be obstructed or attempts to obstruct any rolling stock upon any railway, he shall be punishable with imprisonment for a term which may extend to five years.

154. Endangering safety of persons traveling by railway by rash or negligent act or omission.- 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 traveling or being upon any railway, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

155. Entering into a compartment reserved or resisting entry into a compartment not reserved.- (1) If any passenger-

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

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

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

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

156. Traveling on roof, step or engine of a train.- If any passenger or any other person, after being warned by a railway servant to desist, persists in traveling on the roof, step or footboard of any carriage or on an engine, or in any other part of a train not intended for the use of passengers, he shall be punishable with imprisonment of a term which may extend to three months , or with fine which may extend to five hundred rupees, or with both and may be removed from the railway by any railway servant.

157. Altering or defacing pass or ticket.- If any passenger willfully alters or defaces his pass or ticket so as to render the date, number or any material portion thereof illegible, he shall be punishable with imprisonment for a term which may extend to three months. or with fine which may extend to five hundred rupees, or with both.

158. Penalty for contravention of any of the provision of Chapter XIV.- Any person under whose authority any railway servant is employed in contravention of any of the provisions of Chapter XIV or of the rules made thereunder shall be punishable with fine which may extend to five hundred rupees.

159. Disobedience of drivers or conductors of vehicles to directions of railway servant, etc.- If any driver or conductor of any vehicle while upon the premises or a railway disobeys the reasonable directions of any railway servant or police officer, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred repees, or with both.

160. Opening or breaking a level crossing gate.- (1) if any person, other than a railway servant or a person authorized in this behalf, opens any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may extend to three years.

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

161. Negligently crossing unmanned level crossing.- If any person driving or leading a vehicle is negligent in crossing an unmanned level crossing, he shall be punishable with imprisonment which may extend to one year.

Explanation.- for the purposes of this section, negligence in relation to any person driving or leading a vehicle in crossing an unmanned level crossing means the crossing of such level crossing by such person-

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

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

162. Entering carriage or other place reserved for females.- If a male person knowing or having reason to believe that a carriage, compartment, berth or seat in a train or room or other place is reserved by 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 may extend to five hundred rupees and may also be removed by any railway servant.

163. Giving false account of good.- if any person required to furnish an account of good under section 66, givers an account which is materially false, he and, if he is not the owner of the goods, the owner also shall without prejudice to his liability to pay any freight or other charge under any provision of this Act, be punishable with fine which may extend to five hundred rupees for every quintal or part there of such goods.

164. Unlawfully bringing dangerous good on a railway.- if any person in contravention of Section 67, takes with him any dangerous goods or entrusts such goods for carriage to the railway administration, he shall be punishable with imprisonment for a term which may extend to three years, or with 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 reason of bringing such goods on the railway.

165. unlawfully ringing offensive goods on a railway.- If any person, in contravention of section 67 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 any loss, injury or damage which may be cause by reason of bringing goods on the railway.

166. Defacing public notices.- If any person without lawful authority-

(a) pulls down or willfully damages any board or document set up or posted by the order of a railway 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 any rolling stock,

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

167. Smoking.- (1) No person in any compartment of a train shall, if objected to by any other passenger in that compartment, smoke therein.

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

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

168. Provision with respect to commission of offence by the children of acts endangering safety of person traveling on railway.- (1) If a person under the age of twelve years in guilty of any of the offences under section 150 to 154, the court convicting him may require the father or guardian of such person to execute, within such time as the court may fix, a bond for such amount and for such period as the 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 find imposed by itself.

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

169. Levy of penalty on non-Government railway.- If a non-Government railway fails to comply with, any requisition made, decision or direction given, by the Central Government, under any of the provisions of this Act, or otherwise contravenes any of the provisions of this Act; it shall be open to the Central Government, by order, to levy a penalty not exceeding two hundred and fifty rupees and a further penalty not exceeding one hundred and fifty rupees for every day during which the contravention continues:

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

170. Recovery of penalty.- 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 of the non-Government railway is situated.

171. Section 169 or 170 not to preclude Central Government from taking any other action.- Nothing in section 169 or 170 shall preclude the Central Government from resorting to any other action to compel a non-Government railway to discharge any obligation imposed upon it by or under this Act.

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

173. Abandoning train, etc., without authority.- If any railway servant, when on duty, is entrusted with any responsibility connected with the running or a train, or of any other rolling stock from one station or place without authority or without properly handing over such train or rolling stock to another authorized railway servant, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

174. Obstructing running of train, etc.- If any railway servant (whether on duty or otherwise) or any other person obstructs or causes to be obstructed or attempts to obstruct any train or other rolling stock upon a railway,-

(a) by squatting or picketing or during an 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 or tampering with signal gear or otherwise,

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

175. Endangering the safety of persons.- If any railway servant, when on duty, endangers the safety 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

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

176. Obstructing level crossing.- If any railway servant unnecessarily-

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

(b) keeps a level crossing closes against the public,

he shall be punishable with fine which may extend to one hundred rupees.

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

178. Making a false report by a railway servant.- If any railway servant who is required by a railway administration to inquire into a claim for loss, destruction, damage, deterioration or non-delivery of any consignment makes a report which is false or which he knows or believes to be false, or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

179. Arrest for offences under certain sections.- (1) If a person commits any offence mentioned in section 137, 141 to 147, 150 to 157, 160 to 162, 164, 166, 168 and 172 to 175, he may be arrested without warrant or other written authority by any railway servant or police officer not below the rank or a head constable.

(2) The railway servant or the police officer may call to his aid any other person to effect the arrest under sub-section

(3) Any person so arrested under this section shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate.

180. Arrest of person likely to abscond, etc.- (1) If any person who commits any offence under this Act, other than an offence mentioned in section 179, or is liable to pay any excess charge or other sum demanded under section 138, fails or refuses to give his name and address or there is reason to believe that the name and address given by him are fictitious or that he will abscond, any railway servant authorized in this behalf or any police officer not below the rank of a head constable may arrest him without warrant or written authority.

(2) The railway servant or the police officer may call to his aid any other person to effect the arrest under sub-section (1).

(3) Any person arrested under this section shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate unless he is released earlier on giving bail or if his true name and address are ascertained on executing a bond without sureties for his appearance before the Magistrate having jurisdiction to try him for the offence.

(4) The provisions of Chapter XXIII of the Code of Criminal Procedure, 1973 (2 of 1974), shall so far as may be, apply to the giving of bail and the execution of bonds under this section.

181. Magistrate having jurisdiction under the Act.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try an offence under this Act.

182. Place of trial.- (1) Any person committing an offence under this Act or any rule made thereunder shall be triable for such offence in any place in which he may be or which the State Government may notify in this behalf, as well as in other place in which he is liable to be tried under any law for the time being in force.

(2) Every notification under sub-section (1) shall be published in the Official Gazette, and a copy thereof shall be exhibited for the information of the public in some conspicuous place at such railway stations as the State Government may direct.,

CHAPTER XVI-MISCELLANEOUS

183. Power of provide other transport services.- (1) A railway administration may, for the purpose of facilitating the carriage of passengers or goods or to provide integrated service for such carriage, provide and other mode of transport.

(2) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to the carriage of passengers or good by the mode of transport referred to in sub-section (1).

184. Taxation on railways by local authorities.- (1) Notwithstanding anything to the contrary contained in any other law, a railway administration shall not be liable to pay any tax in aid of the funds of any local authority unless the Central Government, by notification, declares the railway administration to be liable to pay the tax specified in such notification.

(2) While a notification of the Central Government sub-section (1) is in force, the railway administration shall be liable to pay to the local authority either the tax specified in the notification or, in lieu 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 under sub-section (1).

(4) Nothing in this section shall be construed to prevent any railway administration from entering into a contract with any local authority for the supply or water or light, or for the scavenging of railway premises, or for any other service which the local authority may be rendering or be prepared to render to the railway administration.

185. Taxation on railway for advertisement.- (1) Notwithstanding anything to the contrary contained in any other law, a railway administration shall not be liable to pay any tax to any local authority 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 such notification.

(2) The Central Government may at any time revoke or vary a notification issued under sub-section (1).

186. protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against the Central Government, any railway administration, a railway servant or any other person for anything which is in good faith done intended to be done in pursuance of this Act or any rules or orders made thereunder.

187. Restriction on execution against railway property.- (1) No rolling stock, machinery, plant, tools, fittings, materials or effects used or provided by a railway administration for the purposes of traffic on its railway , or of its stations or workshops, shall be liable to be taken in execution of any decree or order of any court or of any local authority or person having by law the power to attach or distrain property or otherwise to cause property to be taken in execution, without the previous sanction of the Central Government.

(2) Nothing is sub-section (1) shall be construed to affect the authority of any court to attach the earnings of a railway in execution of a decree or order.

188. Railway servants to be public servants for the purposes of Chapter IX and section 409 of the Indian Penal Code.- (1) Any railway servant, who is not a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860), shall be deemed to be a public servant for the purposes of Chapter IX and section 409 that Code.

(2) In the definition of legal remuneration in section 161 of the Indian Penal Code (45 of 1860), the word Government shall, for the purposes of sub-section (1), be deemed to include any employer of a railway servant as such.

189. Railway servants not to engage in trade.- 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, or jointly or in shares with others, any property put to auction under section 83 or section 84 or section 85 or section 90; or

(b) in contravention of any direction of the railway administration in this behalf, engage in trade.

190. Procedure for delivery to railway administration of property detained by a railway servant.- If a railway servant is discharged from service or is suspended, or dies or absconds or absents himself, and he or his wife or widow or any member of his family or his representative reuses or neglects, after notice in writing for that purpose, to deliver up to the railway administration or to a person appointed by the railway administration, in this behalf, any station, office or other building with its appurtenances, or any books papers, keys, equipment or other matters belonging to the railway administration and in the possession or custody or such railway servant at the occurrence of any such event as aforesaid, any metropolitan Magistrate or Judicial Magistrate of the first class may, on application made by or on behalf or the railway administration, order any police officer, with proper assistance, to enter upon the station, office or other building and remove any person found therein and take possession thereof, or to take possession of the books, papers or other matters and to deliver the same to the railway administration or to a person appointment by the railway administration in that behalf.

191. Proof of entries in records and documents.- Entries made in the records or other documents of a railway administration shall be admitted in evidence in all proceedings by or against the railway administration, and all such entries may be proved either by the production of the records or other documents of the railway administration containing such entries or by the production of a copy of the entries certified by the officer having custody of the records or other documents under his signature and stating that it is a true copy of the original entries and that such original entries are contained in the records or other documents of the railway administration in his possession.

192. Service of notice, etc., on railway administration.- Any notice or other document required or authorized by this Act to be served on a railway administration may be served, in the case of a Zonal Railway, on the General Manager or any of the railway servant authorized by the General Manager, and in the case of any other railway, on the owner or lessee of the railway or the person working the railway under an agreement.

(a) by delivering it to him; or

(b) by leaving at his office; or

193. Service of notice, etc., by railway administration.- Unless otherwise provided in this Act or the rules framed there under, any notice or other document required or authorized by this Act to be served on 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

194. Presumption where notice is served by post.- Where a notice or other document is served by post, it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and in proving such service, it shall be sufficient to prove that the letter containing the notice or other document was properly addressed and registered.

195. Representation of railway administration.- (1) A railway administration may, by order in writing, authorize any railway servant or other person to act for, or represent it, as the case may be, in any proceeding before any civil, criminal or other court.

(2) a person authorized 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 entitled to conduct such prosecutions without the permission of the Magistrate.

196. power to exempt railway from Act.- (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 issued before each House Parliament.

197. Matters supplemental to the definitions of railway and railway servant.- (1) For the purposes 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 occurs alone or a s a prefix to another word, has reference to a railway or portion of a railway under construction and to a railway or portion of a railway not used for the public carriage of passengers, animals or goods as well 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 railway servant includes a person employed under a railway in connection with the service thereof by a person fulfilling a contract with the railway administration.

198. General power to make rules.- Without prejudice to any power to make rules contained elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this Act.

199. Rules to be laid before Parliament.- Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period to thirty days which may be comprised in one session or in two or more successive session, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 anything previously done under that rule.

200. Repeal and saving.- (1) The Indian Railway Act, 1890 (9 of 1890), is hereby repealed.

(2) Notwithstanding the repeal of the Indian Railway Act, 1890 (1890) (hereinafter referred to as the repealed Act)-

(a) any thing done or any action taken or purported to have been done to taken (including any rule, notification, inspection, order to notice made or issued, or nay appointment or declaration made or any licence, permission, authorization or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been 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 the repealed Act but not disposes of before the commencement of this Act and any complaint that may be made to the said Tribunal against any act or omission of a railway administration under the repealed Act. shall be heard and decided by the Tribunal constituted under this Act in accordance with the provisions of chapter VII of this Act.

(3) the mention of particular matter in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal.

[1] 1-7-1990, vide S.O. 475(E), dated 12th June, 1990 Gazette of India, Extra, Pt. II. (ii), dated 12th June, 1990

[2] Ins. by Act No. 28 of 1994.

[3] Ins. by Act No. 28 of 1994.

[4] Ins by Act No. 28 of 1994.

[5] Ins. by Act No. 28 of 1994.

[6] Ins. by Act No. 28 of 1994.

[7] Ins. by Act No. 28 of 1994.

THE RAILWAYS ACT,1989[PART II]

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