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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
COMMISSIONERS OF RAILWAY SAFETY
CONSTRUCTION AND MAINTENANCE OF WORKS
LAND ACQUISITION FOR A SPECIAL RAILWAY PROJECT
OPENING OF RAILWAYS
FIXATION OF RATES
TRIBUNAL
CARRIAGE OF PASSENGERS
CARRIAGE OF GOODS
SPECIAL PROVISIONS AS TO GOODS BOOKED TO NOTIFIED STATIONS
RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS
ACCIDENTS
LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERS DUE TO ACCIDENTS
REGULATION OF HOURS OF WORK AND PERIOD OF REST
PENALTIES AND OFFENCES
MISCELLANEOUS
PRELIMINARY
1
Short title and commencement
2
Definitions
RAILWAY ADMINISTRATIONS
3
Zonal Railways
4
Appointment of General Manager
RAIL LAND DEVELOPMENT AUTHORITY
4A
Establishment of Railway Land Development Authority
4B
Composition of Authority
4C
Terms and conditions of appointment of Vice-Chairman and other Members
4D
Functions of Authority
4E
Powers of Authority to enter into agreements and execute contracts
4F
Procedure of transaction of business of Authority
4G
Appointment of officers and other employees of Authority
4H
Salaries, allowances, etc., to be defrayed out of Consolidated Fund of India
4-I
Power of Authority to make regulations
COMMISSIONERS OF RAILWAY SAFETY
5
Appointment of Chief Commissioner of Railway Safety and Commissioners of Railway Safety
6
Duties of Commissioner
7
Powers of Commissioner
8
Commissioner to be public servant
9
Facilities to be afforded to Commissioners
10
Annual report of Commissioners
CONSTRUCTION AND MAINTENANCE OF WORKS
11
Power of railway administrations to execute all necessary works
12
Power to alter the position of pipe, electric supply line drain or sewer, etc
13
Protection for Government property
14
Temporary entry upon land to remove obstruction, to repair or to prevent accident
15
Payment of amount for damage or loss
16
Accommodation works
17
Power of owner, occupier, State Government or local authority to cause additional accommodation works to be made
18
Fences, gates and bars
19
Overbridges and underbridges
20
Power of Central Government to give directions for safety
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 as compensation
20G
Criterion for determination of market-value of land
20H
Deposit and payment of amount
20-I
Power to take possession
20J
Right to enter into land where land has vested in Central Government
20K
Competent authority to have certain powers of civil court
20L
Utilisation of land for the purpose it is acquired
20M
Sharing with landowners the difference in price of a land when transferred for a higher consideration
20N
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
20P
Power to make rules in respect of matters in this Chapter
OPENING OF RAILWAYS
21
Sanction of the Central Government to the opening of railway
22
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
27
Use of rolling stock
28
Delegation of powers
29
Power to make rules in respect of matters in this Chapter
FIXATION OF RATES
30
Power to fix rates
31
Power to classify commodities or alter rates
32
Power of railway administration to charge certain rates
TRIBUNAL
33
Tribunal
34
[Omitted.]
35
[Omitted.]
36
Complaints against a railway administratio
37
Matters not within the jurisdiction of the Tribunal
38
Powers of the Tribunal
39
Reference to the Tribunal
40
Assistance by the Central Government
41
Burden of proof, etc
42
Decision, etc., of the Tribunal
43
Bar of jurisdiction of courts
44
Reliefs which the Tribunal may grant
45
Revision of decisions given by the Tribunal
46
Execution of decisions or orders of the Tribunal
47
Report to the Central Government
48
Power of the Tribunal to make regulations
CARRIAGE OF PASSENGERS
49
Exhibition of certain timings and tables of fares at stations
50
Supply of tickets on payment of fare
51
Provision for case in which ticket is issued for class or train not having accommodation for additional passengers
52
Cancellation of ticket and refund
53
Prohibition against transfer of certain tickets
54
Exhibition and surrender of passes and tickets
55
Prohibition against travelling without pass or ticket
56
Power to refuse to carry persons suffering from infectious or contagious diseases
57
Maximum number of passengers for each compartment
58
Earmarking of compartment, etc., for ladies
59
Communications between passengers and railway servant in charge of train
60
Power to make rules in respect of matters in this Chapter
CARRIAGE OF GOODS
61
Maintenance of rate-books, etc., for carriage of goods
62
Conditions for receiving, etc., of goods
63
Provisions of risk rates
64
Forwarding note
65
Railway receipt
66
Power to require statement relating to the description of goods
67
Carriage of dangerous or offensive goods
68
Carriage of animals suffering from infectious or contagious diseases
69
Deviation of route
70
Prohibition of undue preference
71
Power to give direction in regard to carriage of certain goods
72
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 affect 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 or endorsee
80
Liability of railway administration for wrong delivery
81
Open delivery of consigrments
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
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
RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS
93
General responsibility of a railway administration as carrier of goods
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
98
Goods in defective condition or defectively packed
99
Responsibility of a railway administration after termination of transit
100
Responsibility as carrier of luggage
101
Responsibility as a carrier of animals
102
Exoneration from liability in certain cases
103
Extent of monetary liability in respect of any consignment
104
Extent of liability in respect of goods carried in open wagon
105
Right of railway administration to check contents of certain consignment or luggage
106
Notice of claim for compensation and refund of overcharge
107
Applications for compensation for loss, etc., of goods
108
Person entitled to claim compensation
109
Railway administration against which application for compensation for personal injury is to be filed
110
Burden of proof
111
Extent of liability of railway administration in respect of accidents at sea
112
Power to make rules in respect of matters in this Chapter
ACCIDENTS
113
Notice of railway accident
114
Inquiry by Commissioner
115
Inquiry by railway administration
116
Powers of Commissioner in relation to inquiries
117
Statement made before Commissioner
118
Procedure, etc
119
No inquiry, investigation, etc., to be made if the Commission of Inquiry is appointed
120
Inquiry into accident not covered by section 113
121
Returns
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
123
Definitions
124
Extent of liability
124A
Compensation on account of untoward incidents
125
Application for compensation
126
Interim relief by railway administration
127
Determination of compensation in respect of any injury or loss of goods
128
Saving as to certain rights
129
Power to make rules in respect of matters in this Chapter
REGULATION OF HOURS OF WORK AND PERIOD OF REST
130
Definitions
131
Chapter not to apply to certain railway servants
132
Limitation of hours of work
133
Grant of periodical rest
134
Railway servant to remain on duty
135
Supervisors of railway labour
136
Power to make rules in respect of matters in this Chapter
PENALTIES AND OFFENCES
137
Fraudulently travelling or attempting to travel without proper pass or ticket
138
Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance
139
Power to remove persons
140
Security for good behaviour in certain cases
141
Needlessly interfering with means of communication in a train
142
Penalty for transfer of tickets
143
Penalty for unauthorised carrying on of business of procuring and supplying of railway tickets
144
Prohibition on hawking, etc., and begging
145
Drunkenness or nuisance
146
Obstructing railway servant in his duties
147
Trespass and refusal to desist from trespass
148
Penalty for making a false statement in an application for compensation
149
Making a false claim for compensation
150
Maliciously wrecking or attempting to wreck a train
151
Damage to or destruction of certain railway properties
152
Maliciously hurting or attempting to hurt persons travelling by railway
153
Endangering safety of persons travelling by railway by wilful act or omission
154
Endangering safety of persons travelling by railway by rash or negligent act or omission
155
Entering into a compartment reserved or resisting entry into a compartment not reserved
156
Travelling on roof, step or engine of a train
157
Altering or defacing pass or ticket
158
Penalty for contravention of any of the provisions of Chapter XIV
159
Disobedience of drivers or conductors of vehicles to directions of railway servant, etc
160
Opening or breaking a level crossing gate
161
Negligently crossing unmanned level crossing
162
Entering carriage or other place reserved for females
163
Giving false account of goods
164
Unlawfully bringing dangerous goods on a railway
165
Unlawfully bringing offensive goods on a railway
166
Defacing public notices
167
Smoking
168
Provision with respect to commission of offence by the children of acts endangering safety of person travelling on railway
169
Levy of penalty on non-Government railway
170
Recovery of penalty
171
Section 169 or 170 not to preclude Central Government from taking any other action
172
Penalty for intoxication
173
Abandoning train, etc., without authority
174
Obstructing running of train, etc
175
Endangering the safety of persons
176
Obstructing level crossing
177
False returns
178
Making a false report by a railway servant
179
Arrest for offences under certain sections
180
Arrest of persons likely to abscond, etc
180A
Inquiry by officer authorised to ascertain commission of offence
180B
Powers of officer authorised to inquire
180C
Disposal of persons arrested
180D
Inquiry how to be made against arrested person
180E
Search, seizure and arrest how to be made
180F
Cognizance by Court on a complaint made by officer authorised
180G
Punishment for certain offences in relation to inquiry
181
Magistrate having jurisdiction under the Act
182
Place of trial
MISCELLANEOUS
183
Power to provide other transport services
184
Taxation on railways by local authorities
185
Taxation on railways for advertisement
186
Protection of action taken in good faith
187
Restriction on execution against railway property
188
Railway servants to be public servants for the purposes of Chapter IX and section 409 of the Indian Penal Code
189
Railway servants not to engage in trade
190
Procedure for delivery to railway administration of property detained by a railway servant
191
Proof of entries in records and documents
192
Service of notice, etc., on railway administration
193
Service of notice, etc., by railway administration
194
Presumption where notice is served by post
195
Representation of railway administration
196
Power to exempt railway from Act
197
Matters supplemental to the definitions of "railway" and "railway servant"
198
General power to make rules
199
Rules to be laid before Parliament
200
Repeal and saving