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