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Legal Library
THE RAILWAYS ACT, 1989
All Acts
THE RAILWAYS ACT, 1989
ACT NO. 24 OF 1989 · Enacted [3rd June, 1989.] · 233 sections
PRELIMINARY
Section 1.
Short title and commencement.
Section 2.
Definitions.
RAILWAY ADMINISTRATIONS
Section 3.
Zonal Railways.
Section 4.
Appointment of General Manager.
RAIL LAND DEVELOPMENT AUTHORITY
Section 4-I.
Power of Authority to make regulations.
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.
COMMISSIONERS OF RAILWAY SAFETY
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.
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 20-I.
Power to take possession.
Section 20-O.
Application of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition.
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 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 20P.
Power to make rules in respect of matters in this Chapter.
OPENING OF RAILWAYS
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.