The Railways Act `1989

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

1989

RAIL LAND DEVELOPMENT AUTHORITY

Establishment of Railway Land Development Authority

Composition of Authority

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

Functions of Authority

Powers of Authority to enter into agreements and execute contracts

Procedure of transaction of business of Authority

Appointment of officers and other employees of Authority

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

Power of Authority to make regulations

COMMISSIONERS OF RAILWAY SAFETY

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

Duties of Commissioner

Powers of Commissioner

Commissioner to be public servant

Facilities to be afforded to Commissioners

Annual report of Commissioners

CONSTRUCTION AND MAINTENANCE OF WORKS

Power of railway administrations to execute all necessary works

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

Protection for Government property

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

Payment of amount for damage or loss

Accommodation works

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

Fences, gates and bars

Overbridges and underbridges

Power of Central Government to give directions for safety

LAND ACQUISITION FOR A SPECIAL RAILWAY PROJECT

Power to acquire land, etc

Power to enter for survey, etc

Evaluation of damages during survey, measurement, etc

Hearing of objections, etc

Declaration of acquisition

Determination of amount payable as compensation

Criterion for determination of market-value of land

Deposit and payment of amount

Power to take possession

Right 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

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

OPENING OF RAILWAYS

Sanction of the Central Government to the opening of railway

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

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

Temporary suspension of traffic

Power to close railway opened for the public carriage of passengers

Re-opening of closed railway

Use of rolling stock

Delegation of powers

Power to make rules in respect of matters in this Chapter

FIXATION OF RATES

Power to fix rates

Power to classify commodities or alter rates

Power of railway administration to charge certain rates

TRIBUNAL

Complaints against a railway administratio

Matters not within the jurisdiction 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 to the Central Government

Power of the Tribunal to make regulations

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

CARRIAGE OF GOODS

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

Conditions for receiving, etc., of goods

Provisions 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

Punitive charge for overloading a wagon

Passing of property in the goods covered by railway receipt

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

Surrender of railway receipt

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

Power to measure, weigh, etc

Weighment of consignment on request of the consignee or endorsee

Liability of railway administration for wrong delivery

Open delivery of consigrments

Partial delivery of consignments

Lien for freight or any other sum due

Unclaimed consignment

Disposal of perishable consignments in certain circumstances

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

Power to make rules in respect of matters in this Chapter

SPECIAL PROVISIONS AS TO GOODS BOOKED TO NOTIFIED STATIONS

Power to declare notified stations

Disposal of unremoved goods at notified stations

Price to be paid to person entitled after deducting dues

Power to make rules in respect of matters in this Chapter

RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS

General responsibility of a railway administration as carrier of goods

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

Delay or detention in transit

Traffic passing over railways in India and railways in foreign countries

Goods carried at owner’s risk rate

Goods in defective condition or defectively packed

Responsibility of a railway administration after termination of transit

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 consignment

Extent of liability in respect of goods carried in open wagon

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

Notice of claim for compensation and refund of overcharge

Applications for compensation for loss, etc., of goods

Person entitled to claim compensation

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

Burden of proof

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

Power to make rules in respect of matters in this Chapter

ACCIDENTS

Notice of railway accident

Inquiry by Commissioner

Inquiry by railway administration

Powers of Commissioner in relation to inquiries

Statement made before Commissioner

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

Inquiry into accident not covered by section 113

Power to make rules in respect of matters in this Chapter

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

Extent of liability

Compensation on account of untoward incidents

Application for compensation

Interim relief by railway administration

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

Saving as to certain rights

Power to make rules in respect of matters in this Chapter

REGULATION OF HOURS OF WORK AND PERIOD OF REST

Chapter not to apply to certain railway servants

Limitation of hours of work

Grant of periodical rest

Railway servant to remain on duty

Supervisors of railway labour

Power to make rules in respect of matters in this Chapter

PENALTIES AND OFFENCES

Fraudulently travelling or attempting to travel without proper pass or ticket

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

Power to remove persons

Security for good behaviour in certain cases

Needlessly 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 train

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 negligent act or omission

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

Travelling on roof, step or engine of a train

Altering or defacing pass or ticket

Penalty for contravention of any of the provisions of Chapter XIV

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

Opening or breaking a level crossing gate

Negligently crossing unmanned level crossing

Entering carriage or other place reserved for females

Giving false account of goods

Unlawfully bringing dangerous goods on a railway

Unlawfully bringing offensive goods on a railway

Defacing public notices

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

Levy of penalty on non-Government railway

Recovery of penalty

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

Penalty for intoxication

Abandoning train, etc., without authority

Obstructing running of train, etc

Endangering the safety of persons

Obstructing level crossing

Making a false report by 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

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