The railways act,1989 (Bare Act)/ Universal Law Publishing

The Railways (Amendment) Act, 2008 (11 of 2008) THE. RAILWAYS ACT, 1989
Introduction
Sections
.
17.
CHAPTER 1
PRELIMINARY
Short title and commencement . . . 3
Definitions ' . . . 3
CHAPTER II
RAILWAY ADMINISTRATIONS Zonal Railways . . . 7 Appointment of General Manager . . . 7
CHAPTER IIA
RAIL LAND DEVELOPMENT ALTTHORITY Establishment of Railway Land Development Authority . . . 7 Composition of Authority . . . 7 Terms and conditions of appointment of Vice-Chairman and other Members 7A Functions of Authority . . . 7^ Powers of Authority to enter into agreements and execute contracts •.' ' 7A Procedure of transaction of business of Authority . . . 7A Appointment of officers and other employees of Authority. . . 7A Salaries, allowances, etc., to be defrayed out of Consolidated Fvmd of India 7B Power of Authority to make regulations. . . . 7B
CHAPTER III
COMMISSIONERS OF RAILWAY SAFETY Appointment of Chief Commissioner of Railway Safety and Commissioners of Railway Safety . . . 7B
Duties of Commissioner . . . 7B
Powers of Commissioner . . . . 8 Commissionef to be public servant . . . 8
Facilities to be afforded to Commissioners . . . 8 Annual report of Commissioners . . . 8
CHAPTER IV
CONSTRUCTION AND MAINTENANCE OF WORKS Power of railway administrations to execute all necessary works. . 8 Power to alter the position of pipe, electric supply line, drain or sewer, etc. . . . 9 Protection for Government property . . ^. 10 Temporary entry upon land to remove obstruction, to repair or to prevent accident . . . 10 Payment of amoimt for damage or loss . . ,. 10
Accommodation works . . . 11 Power of owner, occupier. State Government or local authority to cause additional accommodation works to be made . . . 12
18. Fences, gates and bars 19. Overbridges and underbridges 20. Power of Central Government to give directions for safety.
CHAPTER IVA LAND ACQUISITION FOR A SPECIAL RAILWAY PROJECT
20A. Power to acquire land, etc. 20B. Power to enter for survey, etc.
20C. Evaluation of damages during survey, measurement, etc. 20D. Hearing of objections, etc. 20E. Declaration of acquisition 20F. Determination of amount payable at compensation
20G. Criterion for determination of market value of land 20H. Deposit and payment of amount 20-1. Power to take possession 20J. l^ight to enter into land where land has vested in Central Government Competent authority to have certain powers of civil court
Utilisation of land for the purpose it is acquired Sharing with landowners the difference in price of a land when transferred for a higher consideration Land Acquisition Act 1 of 1894 not to apply 20-O. Application of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition Power to make rules in respect of matters in this Chapter CHAPTER V
OPENING OF RAIWAYS Sanction of the Central Government to the opening of railway . Formalities to be complied with before giving sanction to the opening of a railway 23. Sections 21 and 22 to apply to the opening of certain works 24. Temporary suspension of traffic 25. Power to close railway opened for the public carriage of passengers 26. Re-opening of closed railway Use of rolling stock Delegation of powers Power to make rules in respect of matters in this Chapter . CHAPTER VI
FIXATION OF RATES
■V.
Power to fix rates > Power to classify commodities or alter rates Power of railway administration to charge certain rates . CHAPTER VII RAILWAY RATES TRIBUNAL 33. Constitution of the Railway Rates Tribunal 34. Staff of the Tribunal ' '•

Sittings of the Tribunal Complaints against a railway administration Matters not within the juMsdiction of the Tribunal
Powers of the Tribunal
Reference to the Tribunal Assistance by the Central Government Burden of proof, etc. Decision, etc. of the Tribunal Bar of jurisdiction of courts Reliefs which the Tribunal may grant Revision of decisions given by the Tribunal Execution of decisions or orders of the Tribunal Report of the Central Government Power of the Tribunal to make regulations
CHAPTER Vlll
CARRIAGE OF PASSENGERS Exhibition of certain timings and tables of fares at stations Supply of tickets on payment of fare Provision for case in which ticket is issued for class or train not having accommodation for additional passengers
Cancellation of ticket and refund Prohibition against transfer of certain tickets Exhibition and surrender of passes and tickets Prohibition against travelling without pass or ticket Power to refuse to carry persons suffering from infectious or contagious diseases Maximum number of passengers for each compartment Earmarking of compartment, etc., for ladies Communications between passengers and railway servant in charge of train Power to make rules in respect of matters in this Chapter
CHAPTER IX
CARRIAGE OF GOODS Maintenance of rate-books, etc., for carriage of goods Conditions for receiving, etc., of goods • .
Provision of risk rates Forwarding note Railway receipt Power to require statement relating to the description of goods . Carriage of dangerous or offensive goods Carriage of animals suffering from infectious or contagious diseases
Deviation of route Prohibition of undue preference Power to give direction in regard to carriage of certain goods Maximum carrying capacity for wagons and trucks

73. Punitive charge for overloading a wagon 74. Passing of property in the goods covered by railway receipt 75. Section 74 not to afftct right of stoppage in transit or claims for freight 76. Surrender of railway receipt 77. Power of railway administration to deliver goods or sale proceeds thereof in certain cases
78. Power to measure, weigh, etc. 79. Weighment of consignment on request of the consignee of endorsee 80. Liability of railway administration for wrong delivery 81. Open delivery of consignments 82. Partial delivery of consignments 83. Lien for freight or any other sum due 84. Unclaimed consignment 85. Disposal of perishable consignments in certain circumstances 86. Sales under sections 83 to 85 not to affect the right to suit. 87. Power to make rules in respect of matters in this Chapter . CHAPTER X SPECIAL PROVISIONS AS TO GOODS BOOKED TO NOTIFIED STATIONS
88. Definitions 89. Power to declare notified stations 90. Disposal of unremoved goods at notified stations 91. Price to be paid to person entitled after deducting dues 92 Power to make rules in respect of matters in this Chapter CHAPTER XI responsibilities of railway administrations AS CARRI 93. General responsibility of a railway administration as carrier of goo s . 94. Goods to be loaded or delivered at a siding not belonging to a railway administration 95. Delay or detention in transit ' ■ 96. Traffic passing over railways in India and railways in foreign countries 97. Goods carried at owner's risk rate o« Goods in defective condition or defectively packed • II Sponsibility of a railway administration after termination of transit 100 Responsibility as carrier of luggage Responsibility as a carrier of animals Exoneration from liability in certain cases . Extent of monetary liability in respect of any consign ^
consignment or luggage refund of overcharge 106. Notice of claim for o^^ods • • 107 Applications for compensation for loss, etc., g . 108* PerLn entitled to claim compensation
101.
102.
103.
104
109. Railway administration against which application for compensation for personal injury is to be filed . . . 42 110. Burden of proof *' . . . 42 111. Extent of liability of railway administration in respect of
accidents at sea . . . 42 112. Power to make rules in respect of matters in this Chapter . . . 42
CHAPTER XII
ACCIDENTS 113. Notice of railway accident . . . 43 114. Inquiry by Commissioner . . . 43 115. Inquiry by railway administration . . . 44 116. Powers of Commissioner in relation to inquiries . . . 44
117. Statement made before Commissioner . . . 44
118. Procedure, etc. . . . 44 119. No inquiry, investigation, etc., to be made if the Conunission of Inquiry is appointed . . . 44 120. Inquiry into accident not covered by section 113 . . . 45
121. Returns . . . 45 122. Power to make rules in respect of matters in this Chapter . . . 45
CHAPTER XIII
LIABILITY OF RAILWAY AMINISTRATION FOR DEATH AND INJURY TO PASSENGERS DUE TO ACCIDENTS.
123. Definitions . . . 45 124. Extent of liability . • . . 46 124A. Compensation on account of untoward incident . . . 46 125. Application for compensation . . . 47 126. Interim relief by railway administration . . . 47 127. Determination of compensation in respect of any injury or loss of goods . . . 48 128. Saving as to certain rights . . . .48 129. Power to make rules in respect of matters in this Chapter . ' . . 48
CHAPTER XIV
REGULATION OF HOURS OF WORK AND PERIOD OF REST
130. Definitions . . . 49 131. Chapter not to apply to certain railway servants . . . 49
132. Limitation of hours of work . . . 49 133. Grant of periodical rest . . . 50 134. Railway servant to remain on duty . . . 50 135. Supervisors of railway labour . . . 50 136. Power to make rules in respect of matters in this Chapter . . ^ . 51
CHAPTER XV
PENALTIES AND OFFENCES 137. Fraudulently travelling or attempting to travel without proper pass or ticket . . . 51 138. Levy of excess charge and fare for' travelling without proper pass or ticket or beyond authorised distance . . 52

Power to remove persons Security for good behaviour in certain cases iSleedlessly interfering" with means of communication in a train Penalty for transfer of tickets Penalty for unauthorised carrying on of business of procuring and supplying of railway tickets Prohibition on hawking, etc., and begging
Drunkenness or nuisance Obstructing railway servant in his duties Trespass and refusal to desist from trespass Penalty for making a false statement in an application for compensation Making a false claim for compensation Maliciously wrecking or attempting to wreck a tram Damage to or destruction of certain railway properties Maliciously hurting or attempting to hurt persons travelling by railway Endangering safety of persons travelling by railway by wilful act or omission , Endangering safety of persons travelling by railway by rash or neelieent act or omission . ' SX into a compartment reserved or resisting entry into a compartment not reserved Travelling on roof, step or engine of a tram • Altering or defacing pass or ticket ^hr,r,^or XTV
of railway servant, etc. _ _ Opening or breaking a level crossing gate ^ ^ Negligently crossing unmanned leve crossing i\egiigeiiLi;r £, reserved for females Entering carriage or other place res ^ ^ Giving false account of goods rnilwav Unlawfully bringing dangerous goo s on Unlawfully bringing offensive goods on a ^ Defacing public notices Smoking offence by the children of Provision with respect to ^ HnX^ • ' acts endangering safety of person tra g _ Levy of penalty on non-Government rai way -v Recovery of penalty rentral Government from Section 169 or 170 not to preclude Central uo taking any other action
Obstructing running of tram, etc. UDSiru & persons Endangering the sareiy p

Obstructing level crossing
False returns Making a false report a railway servant
Arrest for offences under certain sections Arrest of persons likely to abscond, etc. Inquiry by officer authorised to ascertain commission of offence Powers of officer authorised to inquire Disposal of persons arrested Inquiry how to be made against arrested person Search, seizure and arrest how to be made Cognizance by Court on a complaint made by officer authorised Punishment for certain offences in relation to inquiry Magistrate having jurisdiction under the Act
Place of trial
CHAPTER XVI
MISCELLANEOUS
Power to provide other transport services Taxation on railways by local authorities Taxation on railways for advertisement Protection of action taken in good faith Restriction on execution against railway property Railway servants to be public servants for the purposes of Chapter IX and section 409 of the Indian Penal Code Railway servants not to engage in trade Procedure for delivery to railway administration of property detained by a railway servant
Proof of entries in records and documents Service of notice, etc. on railway administration Service of notice, etc., by railway administration Presumption where notice is served by post Representation of railway administration Power to exempt railway from Act Matters supplemental to the definitions of "railway" and "railway servant" General power to make rules
Rules to be laid before Parliament Repeal and saving
THE RAILWAY PROPERTY (UNLAWFUL POSSESSION) ACT, 1966
Introduction
1. Short title, extent and commencement
2. Definitions 3. Penalty for unlawful possession of railway property
4. Punishment for connivance at offences 5. Offences under the Act not to be cognizable
6. Power to arrest without warrant 7. Disposal of persons arrested 8. Inquiry how to be made against arrested persons 9. Power to summon persons to give evidence and produce documents
10. Issue of search warrant
11. Searches and arrests how to be made 12. Officers required to assist
13. Power of courts to order forfeiture of vehicles, etc.
14. Act to override other laws 15. Construction of references to laws not in force in Jammu and Kashmir 16. Repeal and savings
THE STATUTORY INVESTIGATION INTO RAILWAY ACCIDENTS RULES, 1998
Rules

Commissioner of Railway Safety to submit a brief preliminary narrative report Commissioner of Railway Safety to submit a report Publication of reports. District Magistrate or his representative to attend the inquiry conducted by Commissioner of Railway Safety 7. District Superintendent of Police or his representative 8. Commissioner of Railway Safety to assist the Magistrate of the Commission of Inquiry etc. in clarifying technical matters . 9. Powers of the Commissioner of Railway Safety 10. Repeal and Saving
THE RAILWAY (NOTICES OF AND INQUIRIES INTO ACCIDENTS) RULES, 1998
Rules 1. Short title and commencement 2. Particulars to be given in the notices 3. Responsibility for sending notices, to whom to be sent and mode thereof 4. Mode of sending notices to the State Government 5. Railway servants to report accidents 6. Station Master or railway servant in charge of the section to report accidents • 6A Responsibility of ensuring correct reporting of accide 7 Railway Administration to report serious accidents 8 Facility for reaching the site of the accident 9: Medical aid .0 lha iudidal in Arranging attendance of railway servants at me piac I rnqSor inquiries conducted by Comnnss.oner of Railway Safety or a Magistrate

Action to be taken by Head of the Railway Administration on receipt of the report of Commissioner of Railway Safety Head of the Railway Administration to offer remarks on the suggestions made in the report of Commissioner of Railway Safety Joint inquiry when dispensed with Notice of joint inquiry Report of joint inquiry or departmental inquiry to be sent to the Head of the Railway Administration and the action
to be taken thereon Reports of inquiries into accidents not covered by section 113 to be forwarded to Commissioner of Railway Safety Magisterial inquiry Notice of Magisterial inquiry Judicial Inquiry The result of magisterial inquiry to be communicated to the Head of the Railway Administration Procedure for summoning railway servants to assist the Magistrate holding judicial inquiry Communication of the decision of judicial inquiry to the Railway Administration, Commissioner of Railway Safety
and the State Government Police investigation—when to be dispensed with—report on loss .of life, grievous hurt, or damage to railway property . Status of police officer investigating the accident Notice of police investigation Assistance by the District Police Communication of the result of police investigation District Police to discharge duties of Railway Police Repeal and saving

THE RAILWAY SERVANTS (HOURS OF WORK AND PERIOD OF REST) RULES, 2005
PARTI 1. Short title, commencement and application
2. Definitions
PART II
CLASSIFICATION OF EMPLOYMENT AND HOURS OF WORK 3. Prescribed authority to classify the employment of railway servant 4. Appeals against classification 5. Supervisory staff
6. Excluded staff 7. Criteria for determining classification of railway servants
8. Fixation of hours of work 9. Power to make temporary exemption 10. Principle of averaging and payment of overtime allowance
11. Register of extra hours of work
12. Periodical Rest 13. Compensatory per^Jds of rest
PART III
AUTHORITIES TO ENSURE PROPER IMPLEMENTATION OF THE
PROVISIONS OF CHAPTER XIV OF THE ACT AND THESE RULES 14. Appointment of Supervisors 15. Display of rules and notices
16. Annual Return
PART IV
RESIDUARY POWERS
17. Power to make modification in special cases
PART V
REPEAL AND SAVING
18. . . . FORMA.—Register of Extra Hours of Work FORM B.—Annual Return for the year ending 31st March,
THE RAILWAY PASSENGERS (MANNER OF INVESTIGATION OF UNTOWARD INCIDENTS) RULES, 2003
1. Short title and commencement
2. Definitions 3. Report about untoward incident 4. Duties of Station Superintendent, Guard, Conductor and Train Ticket Examiner incharge of the train
5. [Omitted] 6. Duties of Station Superintendent 7. Conducting of investigation and submission of report by the Force 8. Conducting of investigation and submission of report by the Police 9. The injured and the next of kin of the deceased passenger may submit evidence and assist police and Force 10. Forwarding of investigation report by the Police and the Force 11. Action on the report by the Divisional Railway Manager 12. Communication of order 13. Sending report to Claim Office FORM-1.—Report of Untoward Incident
THE RAILWAYS (PUNITIVE CHARGES FOR OVERLOADING OF WAGON) RULES, 2007
1. Short title and commencement
2. Definitions 3. Punitive charges for overloading SCHEDULE