The Railways Act, 1989
Railways Actcentral
An Act To Consolidate And Amend The Law Relating To Railways.
Act Number
24
Enactment
1989-06-03
Ministry
Ministry Of Railways
PRELIMINARY
RAILWAY ADMINISTRATIONS
RAIL LAND DEVELOPMENT AUTHORITY
Section 4AEstablishment of Railway Land Development Authority.Section 4BComposition of Authority.Section 4CTerms and conditions of appointment of Vice-Chairman and other Members.Section 4DFunctions of Authority.Section 4EPowers of Authority to enter into agreements and execute contracts.Section 4FProcedure of transaction of business of Authority.Section 4GAppointment of officers and other employees of Authority.Section 4HSalaries, allowances, etc., to be defrayed out of Consolidated Fund of India.Section 4IPower of Authority to make regulations.
COMMISSIONERS OF RAILWAY SAFETY
CONSTRUCTION AND MAINTENANCE OF WORKS
Section 11Power of railway administrations to execute all necessary works.Section 12Power to alter the position of pipe, electric supply line drain or sewer, etc.Section 13Protection for Government property.Section 14Temporary entry upon land to remove obstruction, to repair or to prevent accident.Section 15Payment of amount for damage or loss.Section 16Accommodation works.Section 17Power of owner, occupier, State Government or local authority to cause additional accommodation works to be made.Section 18Fences, gates and bars.Section 19Overbridges and underbridges.Section 20Power of Central Government to give directions for safety.
LAND ACQUISITION FOR A SPECIAL RAILWAY PROJECT
Section 20APower to acquire land, etc.Section 20BPower to enter for survey, etc.Section 20CEvaluation of damages during survey, measurement, etc.Section 20DHearing of objections, etc.Section 20EDeclaration of acquisition.Section 20FDetermination of amount payable as compensation.Section 20GCriterion for determination of market-value of land.Section 20HDeposit and payment of amount.Section 20IPower to take possession.Section 20JRight to enter into land where land has vested in Central Government.Section 20KCompetent authority to have certain powers of civil court.Section 20LUtilisation of land for the purpose it is acquired.Section 20MSharing with landowners the difference in price of a land when transferred for a higher consideration.Section 20NLand Acquisition Act 1 of 1894 not to apply.Section 20OApplication of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition.Section 20PPower to make rules in respect of matters in this Chapter.
OPENING OF RAILWAYS
Section 21Sanction of the Central Government to the opening of railway.Section 22Formalities to be complied with before giving sanction to the opening of a railway.Section 23Sections 21 and 22 to apply to the opening of certain works.Section 24Temporary suspension of traffic.Section 25Power to close railway opened for the public carriage of passengers.Section 26Re-opening of closed railway.Section 27Use of rolling stock.Section 28Delegation of powers.Section 29Power to make rules in respect of matters in this Chapter.
FIXATION OF RATES
TRIBUNAL
Section 33Tribunal.Section 34[Omitted.].Section 35[Omitted.].Section 36Complaints against a railway administrationSection 37Matters not within the jurisdiction of the Tribunal.Section 38Powers of the Tribunal.Section 39Reference to the Tribunal.Section 40Assistance by the Central Government.Section 41Burden of proof, etc.Section 42Decision, etc., of the Tribunal.Section 43Bar of jurisdiction of courts.Section 44Reliefs which the Tribunal may grant.Section 45Revision of decisions given by the Tribunal.Section 46Execution of decisions or orders of the Tribunal.Section 47Report to the Central Government.Section 48Power of the Tribunal to make regulations.
CARRIAGE OF PASSENGERS
Section 49Exhibition of certain timings and tables of fares at stations.Section 50Supply of tickets on payment of fare.Section 51Provision for case in which ticket is issued for class or train not having accommodation for additional passengers.Section 52Cancellation of ticket and refund.Section 53Prohibition against transfer of certain tickets.Section 54Exhibition and surrender of passes and tickets.Section 55Prohibition against travelling without pass or ticket.Section 56Power to refuse to carry persons suffering from infectious or contagious diseases.Section 57Maximum number of passengers for each compartment.Section 58Earmarking of compartment, etc., for ladies.Section 59Communications between passengers and railway servant in charge of train.Section 60Power to make rules in respect of matters in this Chapter.
CARRIAGE OF GOODS
Section 61Maintenance of rate-books, etc., for carriage of goods.Section 62Conditions for receiving, etc., of goods.Section 63Provisions of risk rates.Section 64Forwarding note.Section 65Railway receipt.Section 66Power to require statement relating to the description of goods.Section 67Carriage of dangerous or offensive goods.Section 68Carriage of animals suffering from infectious or contagious diseases.Section 69Deviation of route.Section 70Prohibition of undue preference.Section 71Power to give direction in regard to carriage of certain goods.Section 72Maximum carrying capacity for wagons and trucks.Section 73Punitive charge for overloading a wagon.Section 74Passing of property in the goods covered by railway receipt.Section 75Section 74 not to affect right of stoppage in transit or claims for freight.Section 76Surrender of railway receipt.Section 77Power of railway administration to deliver goods or sale proceeds thereof in certain cases.Section 78Power to measure, weigh, etc.Section 79Weighment of consignment on request of the consignee or endorsee.Section 80Liability of railway administration for wrong delivery.Section 81Open delivery of consigrments.Section 82Partial delivery of consignments.Section 83Lien for freight or any other sum due.Section 84Unclaimed consignment.Section 85Disposal of perishable consignments in certain circumstances.Section 86Sales under sections 83 to 85 not to affect the right to suit.Section 87Power to make rules in respect of matters in this Chapter.
SPECIAL PROVISIONS AS TO GOODS BOOKED TO NOTIFIED STATIONS
RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS
Section 93General responsibility of a railway administration as carrier of goods.Section 94Goods to be loaded or delivered at a siding not belonging to a railway administration.Section 95Delay or detention in transit.Section 96Traffic passing over railways in India and railways in foreign countries.Section 97Goods carried at owner?s risk rate.Section 98Goods in defective condition or defectively packed.Section 99Responsibility of a railway administration after termination of transit.Section 100Responsibility as carrier of luggage.Section 101Responsibility as a carrier of animals.Section 102Exoneration from liability in certain cases.Section 103Extent of monetary liability in respect of any consignment.Section 104Extent of liability in respect of goods carried in open wagon.Section 105Right of railway administration to check contents of certain consignment or luggage.Section 106Notice of claim for compensation and refund of overcharge.Section 107Applications for compensation for loss, etc., of goods.Section 108Person entitled to claim compensation.Section 109Railway administration against which application for compensation for personal injury is to be filed.Section 110Burden of proof.Section 111Extent of liability of railway administration in respect of accidents at sea.Section 112Power to make rules in respect of matters in this Chapter.
ACCIDENTS
Section 113Notice of railway accident.Section 114Inquiry by Commissioner.Section 115Inquiry by railway administration.Section 116Powers of Commissioner in relation to inquiries.Section 117Statement made before Commissioner.Section 118Procedure, etc.Section 119No inquiry, investigation, etc., to be made if the Commission of Inquiry is appointed.Section 120Inquiry into accident not covered by section 113.Section 121Returns.Section 122Power to make rules in respect of matters in this Chapter.
LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERS DUE TO ACCIDENTS
Section 123Definitions.Section 124Extent of liability.Section 124ACompensation on account of untoward incidents.Section 125Application for compensation.Section 126Interim relief by railway administration.Section 127Determination of compensation in respect of any injury or loss of goods.Section 128Saving as to certain rights.Section 129Power to make rules in respect of matters in this Chapter.
REGULATION OF HOURS OF WORK AND PERIOD OF REST
Section 130Definitions.Section 131Chapter not to apply to certain railway servants.Section 132Limitation of hours of work.Section 133Grant of periodical rest.Section 134Railway servant to remain on duty.Section 135Supervisors of railway labour.Section 136Power to make rules in respect of matters in this Chapter.
PENALTIES AND OFFENCES
Section 137Fraudulently travelling or attempting to travel without proper pass or ticket.Section 138Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance.Section 139Power to remove persons.Section 140Security for good behaviour in certain cases.Section 141Needlessly interfering with means of communication in a train.Section 142Penalty for transfer of tickets.Section 143Penalty for unauthorised carrying on of business of procuring and supplying of railway tickets.Section 144Prohibition on hawking, etc., and begging.Section 145Drunkenness or nuisance.Section 146Obstructing railway servant in his duties.Section 147Trespass and refusal to desist from trespass.Section 148Penalty for making a false statement in an application for compensation.Section 149Making a false claim for compensation.Section 150Maliciously wrecking or attempting to wreck a train.Section 151Damage to or destruction of certain railway properties.Section 152Maliciously hurting or attempting to hurt persons travelling by railway.Section 153Endangering safety of persons travelling by railway by wilful act or omission.Section 154Endangering safety of persons travelling by railway by rash or negligent act or omission.Section 155Entering into a compartment reserved or resisting entry into a compartment not reserved.Section 156Travelling on roof, step or engine of a train.Section 157Altering or defacing pass or ticket.Section 158Penalty for contravention of any of the provisions of Chapter XIV.Section 159Disobedience of drivers or conductors of vehicles to directions of railway servant, etc.Section 160Opening or breaking a level crossing gate.Section 161Negligently crossing unmanned level crossing.Section 162Entering carriage or other place reserved for females.Section 163Giving false account of goods.Section 164Unlawfully bringing dangerous goods on a railway.Section 165Unlawfully bringing offensive goods on a railway.Section 166Defacing public notices.Section 167Smoking.Section 168Provision with respect to commission of offence by the children of acts endangering safety of person travelling on railway.Section 169Levy of penalty on non-Government railway.Section 170Recovery of penalty.Section 171Section 169 or 170 not to preclude Central Government from taking any other action.Section 172Penalty for intoxication.Section 173Abandoning train, etc., without authority.Section 174Obstructing running of train, etc.Section 175Endangering the safety of persons.Section 176Obstructing level crossing.Section 177False returns.Section 178Making a false report by a railway servant.Section 179Arrest for offences under certain sections.Section 180Arrest of persons likely to abscond, etc.Section 180AInquiry by officer authorised to ascertain commission of offence.Section 180BPowers of officer authorised to inquire.Section 180CDisposal of persons arrested.Section 180DInquiry how to be made against arrested person.Section 180ESearch, seizure and arrest how to be made.Section 180FCognizance by Court on a complaint made by officer authorised.Section 180GPunishment for certain offences in relation to inquiry.Section 181Magistrate having jurisdiction under the Act.Section 182Place of trial.
MISCELLANEOUS
Section 183Power to provide other transport services.Section 184Taxation on railways by local authorities.Section 185Taxation on railways for advertisement.Section 186Protection of action taken in good faith.Section 187Restriction on execution against railway property.Section 188Railway servants to be public servants for the purposes of Chapter IX and section 409 of the Indian Penal Code.Section 189Railway servants not to engage in trade.Section 190Procedure for delivery to railway administration of property detained by a railway servant.Section 191Proof of entries in records and documents.Section 192Service of notice, etc., on railway administration.Section 193Service of notice, etc., by railway administration.Section 194Presumption where notice is served by post.Section 195Representation of railway administration.Section 196Power to exempt railway from Act.Section 197Matters supplemental to the definitions of "railway" and "railway servant".Section 198General power to make rules.Section 199Rules to be laid before Parliament.Section 200Repeal and saving.