Bare Acts

The Railways Act, 1989

An Act to consolidate and amend the law relating to Railways.

रेल अधिनियम,1989

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Act Details

Act Number:

Act Year:

1989

Location:

Enactment Date:

6/3/1989

Enforcement Date:

01-07-1990

Ministry:

Ministry of Railways

All Section List (Railways Act)

PRELIMINARY

Section 1 to Section 2

Section 1

Short title and commencement.

Section 2

Definitions.

RAILWAY ADMINISTRATIONS

Section 3 to Section 4

Section 3

Zonal Railways.

Section 4

Appointment of General Manager.

RAIL LAND DEVELOPMENT AUTHORITY

Section 4A to Section 4I

Section 4A

Establishment of Railway Land Development Authority.

Section 4B

Composition of Authority.

Section 4C

Terms and conditions of appointment of Vice-Chairman and other Members.

Section 4D

Functions of Authority.

Section 4E

Powers of Authority to enter into agreements and execute contracts.

Section 4F

Procedure of transaction of business of Authority.

Section 4G

Appointment of officers and other employees of Authority.

Section 4H

Salaries, allowances, etc., to be defrayed out of Consolidated Fund of India.

Section 4I

Power of Authority to make regulations.

COMMISSIONERS OF RAILWAY SAFETY

Section 5 to Section 10

Section 5

Appointment of Chief Commissioner of Railway Safety and Commissioners of Railway Safety.

Section 6

Duties of Commissioner.

Section 7

Powers of Commissioner.

Section 8

Commissioner to be public servant.

Section 9

Facilities to be afforded to Commissioners.

Section 10

Annual report of Commissioners.

CONSTRUCTION AND MAINTENANCE OF WORKS

Section 11 to Section 20

Section 11

Power of railway administrations to execute all necessary works.

Section 12

Power to alter the position of pipe, electric supply line drain or sewer, etc.

Section 13

Protection for Government property.

Section 14

Temporary entry upon land to remove obstruction, to repair or to prevent accident.

Section 15

Payment of amount for damage or loss.

Section 16

Accommodation works.

Section 17

Power of owner, occupier, State Government or local authority to cause additional accommodation works to be made.

Section 18

Fences, gates and bars.

Section 19

Overbridges and underbridges.

Section 20

Power of Central Government to give directions for safety.

LAND ACQUISITION FOR A SPECIAL RAILWAY PROJECT

Section 20A to Section 20P

Section 20A

Power to acquire land, etc.

Section 20B

Power to enter for survey, etc.

Section 20C

Evaluation of damages during survey, measurement, etc.

Section 20D

Hearing of objections, etc.

Section 20E

Declaration of acquisition.

Section 20F

Determination of amount payable as compensation.

Section 20G

Criterion for determination of market-value of land.

Section 20H

Deposit and payment of amount.

Section 20I

Power to take possession.

Section 20J

Right to enter into land where land has vested in Central Government.

Section 20K

Competent authority to have certain powers of civil court.

Section 20L

Utilisation of land for the purpose it is acquired.

Section 20M

Sharing with landowners the difference in price of a land when transferred for a higher consideration.

Section 20N

Land Acquisition Act 1 of 1894 not to apply.

Section 20O

Application of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition.

Section 20P

Power to make rules in respect of matters in this Chapter.

OPENING OF RAILWAYS

Section 21 to Section 29

Section 21

Sanction of the Central Government to the opening of railway.

Section 22

Formalities to be complied with before giving sanction to the opening of a railway.

Section 23

Sections 21 and 22 to apply to the opening of certain works.

Section 24

Temporary suspension of traffic.

Section 25

Power to close railway opened for the public carriage of passengers.

Section 26

Re-opening of closed railway.

Section 27

Use of rolling stock.

Section 28

Delegation of powers.

Section 29

Power to make rules in respect of matters in this Chapter.

FIXATION OF RATES

Section 30 to Section 32

Section 30

Power to fix rates.

Section 31

Power to classify commodities or alter rates.

Section 32

Power of railway administration to charge certain rates.

TRIBUNAL

Section 33 to Section 48

Section 33

Tribunal.

Section 34

[Omitted.].

Section 35

[Omitted.].

Section 36

Complaints against a railway administration

Section 37

Matters not within the jurisdiction of the Tribunal.

Section 38

Powers of the Tribunal.

Section 39

Reference to the Tribunal.

Section 40

Assistance by the Central Government.

Section 41

Burden of proof, etc.

Section 42

Decision, etc., of the Tribunal.

Section 43

Bar of jurisdiction of courts.

Section 44

Reliefs which the Tribunal may grant.

Section 45

Revision of decisions given by the Tribunal.

Section 46

Execution of decisions or orders of the Tribunal.

Section 47

Report to the Central Government.

Section 48

Power of the Tribunal to make regulations.

CARRIAGE OF PASSENGERS

Section 49 to Section 60

Section 49

Exhibition of certain timings and tables of fares at stations.

Section 50

Supply of tickets on payment of fare.

Section 51

Provision for case in which ticket is issued for class or train not having accommodation for additional passengers.

Section 52

Cancellation of ticket and refund.

Section 53

Prohibition against transfer of certain tickets.

Section 54

Exhibition and surrender of passes and tickets.

Section 55

Prohibition against travelling without pass or ticket.

Section 56

Power to refuse to carry persons suffering from infectious or contagious diseases.

Section 57

Maximum number of passengers for each compartment.

Section 58

Earmarking of compartment, etc., for ladies.

Section 59

Communications between passengers and railway servant in charge of train.

Section 60

Power to make rules in respect of matters in this Chapter.

CARRIAGE OF GOODS

Section 61 to Section 87

Section 61

Maintenance of rate-books, etc., for carriage of goods.

Section 62

Conditions for receiving, etc., of goods.

Section 63

Provisions of risk rates.

Section 64

Forwarding note.

Section 65

Railway receipt.

Section 66

Power to require statement relating to the description of goods.

Section 67

Carriage of dangerous or offensive goods.

Section 68

Carriage of animals suffering from infectious or contagious diseases.

Section 69

Deviation of route.

Section 70

Prohibition of undue preference.

Section 71

Power to give direction in regard to carriage of certain goods.

Section 72

Maximum carrying capacity for wagons and trucks.

Section 73

Punitive charge for overloading a wagon.

Section 74

Passing of property in the goods covered by railway receipt.

Section 75

Section 74 not to affect right of stoppage in transit or claims for freight.

Section 76

Surrender of railway receipt.

Section 77

Power of railway administration to deliver goods or sale proceeds thereof in certain cases.

Section 78

Power to measure, weigh, etc.

Section 79

Weighment of consignment on request of the consignee or endorsee.

Section 80

Liability of railway administration for wrong delivery.

Section 81

Open delivery of consigrments.

Section 82

Partial delivery of consignments.

Section 83

Lien for freight or any other sum due.

Section 84

Unclaimed consignment.

Section 85

Disposal of perishable consignments in certain circumstances.

Section 86

Sales under sections 83 to 85 not to affect the right to suit.

Section 87

Power to make rules in respect of matters in this Chapter.

SPECIAL PROVISIONS AS TO GOODS BOOKED TO NOTIFIED STATIONS

Section 88 to Section 92

Section 88

Definitions.

Section 89

Power to declare notified stations.

Section 90

Disposal of unremoved goods at notified stations.

Section 91

Price to be paid to person entitled after deducting dues.

Section 92

Power to make rules in respect of matters in this Chapter.

RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS

Section 93 to Section 112

Section 93

General responsibility of a railway administration as carrier of goods.

Section 94

Goods to be loaded or delivered at a siding not belonging to a railway administration.

Section 95

Delay or detention in transit.

Section 96

Traffic passing over railways in India and railways in foreign countries.

Section 97

Goods carried at owner?s risk rate.

Section 98

Goods in defective condition or defectively packed.

Section 99

Responsibility of a railway administration after termination of transit.

Section 100

Responsibility as carrier of luggage.

Section 101

Responsibility as a carrier of animals.

Section 102

Exoneration from liability in certain cases.

Section 103

Extent of monetary liability in respect of any consignment.

Section 104

Extent of liability in respect of goods carried in open wagon.

Section 105

Right of railway administration to check contents of certain consignment or luggage.

Section 106

Notice of claim for compensation and refund of overcharge.

Section 107

Applications for compensation for loss, etc., of goods.

Section 108

Person entitled to claim compensation.

Section 109

Railway administration against which application for compensation for personal injury is to be filed.

Section 110

Burden of proof.

Section 111

Extent of liability of railway administration in respect of accidents at sea.

Section 112

Power to make rules in respect of matters in this Chapter.

ACCIDENTS

Section 113 to Section 122

Section 113

Notice of railway accident.

Section 114

Inquiry by Commissioner.

Section 115

Inquiry by railway administration.

Section 116

Powers of Commissioner in relation to inquiries.

Section 117

Statement made before Commissioner.

Section 118

Procedure, etc.

Section 119

No inquiry, investigation, etc., to be made if the Commission of Inquiry is appointed.

Section 120

Inquiry into accident not covered by section 113.

Section 121

Returns.

Section 122

Power to make rules in respect of matters in this Chapter.

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

Section 123 to Section 129

Section 123

Definitions.

Section 124

Extent of liability.

Section 124A

Compensation on account of untoward incidents.

Section 125

Application for compensation.

Section 126

Interim relief by railway administration.

Section 127

Determination of compensation in respect of any injury or loss of goods.

Section 128

Saving as to certain rights.

Section 129

Power to make rules in respect of matters in this Chapter.

REGULATION OF HOURS OF WORK AND PERIOD OF REST

Section 130 to Section 136

Section 130

Definitions.

Section 131

Chapter not to apply to certain railway servants.

Section 132

Limitation of hours of work.

Section 133

Grant of periodical rest.

Section 134

Railway servant to remain on duty.

Section 135

Supervisors of railway labour.

Section 136

Power to make rules in respect of matters in this Chapter.

PENALTIES AND OFFENCES

Section 137 to Section 182

Section 137

Fraudulently travelling or attempting to travel without proper pass or ticket.

Section 138

Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance.

Section 139

Power to remove persons.

Section 140

Security for good behaviour in certain cases.

Section 141

Needlessly interfering with means of communication in a train.

Section 142

Penalty for transfer of tickets.

Section 143

Penalty for unauthorised carrying on of business of procuring and supplying of railway tickets.

Section 144

Prohibition on hawking, etc., and begging.

Section 145

Drunkenness or nuisance.

Section 146

Obstructing railway servant in his duties.

Section 147

Trespass and refusal to desist from trespass.

Section 148

Penalty for making a false statement in an application for compensation.

Section 149

Making a false claim for compensation.

Section 150

Maliciously wrecking or attempting to wreck a train.

Section 151

Damage to or destruction of certain railway properties.

Section 152

Maliciously hurting or attempting to hurt persons travelling by railway.

Section 153

Endangering safety of persons travelling by railway by wilful act or omission.

Section 154

Endangering safety of persons travelling by railway by rash or negligent act or omission.

Section 155

Entering into a compartment reserved or resisting entry into a compartment not reserved.

Section 156

Travelling on roof, step or engine of a train.

Section 157

Altering or defacing pass or ticket.

Section 158

Penalty for contravention of any of the provisions of Chapter XIV.

Section 159

Disobedience of drivers or conductors of vehicles to directions of railway servant, etc.

Section 160

Opening or breaking a level crossing gate.

Section 161

Negligently crossing unmanned level crossing.

Section 162

Entering carriage or other place reserved for females.

Section 163

Giving false account of goods.

Section 164

Unlawfully bringing dangerous goods on a railway.

Section 165

Unlawfully bringing offensive goods on a railway.

Section 166

Defacing public notices.

Section 167

Smoking.

Section 168

Provision with respect to commission of offence by the children of acts endangering safety of person travelling on railway.

Section 169

Levy of penalty on non-Government railway.

Section 170

Recovery of penalty.

Section 171

Section 169 or 170 not to preclude Central Government from taking any other action.

Section 172

Penalty for intoxication.

Section 173

Abandoning train, etc., without authority.

Section 174

Obstructing running of train, etc.

Section 175

Endangering the safety of persons.

Section 176

Obstructing level crossing.

Section 177

False returns.

Section 178

Making a false report by a railway servant.

Section 179

Arrest for offences under certain sections.

Section 180

Arrest of persons likely to abscond, etc.

Section 180A

Inquiry by officer authorised to ascertain commission of offence.

Section 180B

Powers of officer authorised to inquire.

Section 180C

Disposal of persons arrested.

Section 180D

Inquiry how to be made against arrested person.

Section 180E

Search, seizure and arrest how to be made.

Section 180F

Cognizance by Court on a complaint made by officer authorised.

Section 180G

Punishment for certain offences in relation to inquiry.

Section 181

Magistrate having jurisdiction under the Act.

Section 182

Place of trial.

MISCELLANEOUS

Section 183 to Section 200

Section 183

Power to provide other transport services.

Section 184

Taxation on railways by local authorities.

Section 185

Taxation on railways for advertisement.

Section 186

Protection of action taken in good faith.

Section 187

Restriction on execution against railway property.

Section 188

Railway servants to be public servants for the purposes of Chapter IX and section 409 of the Indian Penal Code.

Section 189

Railway servants not to engage in trade.

Section 190

Procedure for delivery to railway administration of property detained by a railway servant.

Section 191

Proof of entries in records and documents.

Section 192

Service of notice, etc., on railway administration.

Section 193

Service of notice, etc., by railway administration.

Section 194

Presumption where notice is served by post.

Section 195

Representation of railway administration.

Section 196

Power to exempt railway from Act.

Section 197

Matters supplemental to the definitions of "railway" and "railway servant".

Section 198

General power to make rules.

Section 199

Rules to be laid before Parliament.

Section 200

Repeal and saving.