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TypeBare Act JurisdictionChandigarh Government

The RAILWAYS ACT, 1989

Complete Act - all sections

~14 min read
https://sooperkanoon.com/act/601219

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About this act

The RAILWAYS ACT, 1989 (1989) is Chandigarh state legislation published on SooperKanoon in full. Use this page to read the bare act and jump to judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Act Text

Chapter1 - PRELIMINARY
Section1 - Short title, extent and commencement
Section2 - Definitions.—In this Act, unless the context otherwise requires,—
Section3 - Ins. by Act 11 of 2008, s. 2
Section4 - Appointment of General Manager.—
Section4A - Establishment of Railway Land Development Authority.—The Central Government may, by notification, establish an
Section4B - Composition of Authority.—
Section4C - Terms and conditions of appointment of Vice-Chairman and other Members.—The terms and conditions of appointment of the
Section4D - Functions of Authority.—
Section4E - Powers of Authority to enter into agreements and execute contracts.—Subject to such directions as may be given to it by
Section4F - Procedure of transaction of business of Authority.—The Authority shall have power to regulate, by means of regulations
Section4G - Appointment of officers and other employees of Authority.—
Section4H - Salaries, allowances, etc., to be defrayed out of Consolidated Fund of India.—The salaries and allowances payable to
Chapter3 - COMMISSIONERS OF RAILWAY SAFETY
Section5 - Appointment of Chief Commissioner of Railway Safety and Commissioners of Railway Safety.—The Central Government may
Section6 - Duties of Commissioner.—The Commissioner shall—
Section7 - Powers of Commissioner.—Subject to the control of the Central Government, the Commissioner, whenever it is necessary so
Section9 - Facilities to be afforded to Commissioners.—A railway administration shall afford to the Commissioner all reasonable
Chapter4 - CONSTRUCTION AND MAINTENANCE OF WORKS
Section11 - Power of railway administrations to execute all necessary works.—Notwithstanding anything contained in any other law
Section12 - Power to alter the position of pipe, electric supply line, drain or sewer, etc.—
Section13 - Protection for Government property.—Nothing in sections 11 and 12 shall authorise—
Section14 - Temporary entry, upon land to remove obstruction, to repair or to prevent accident.—
Section15 - Payment of amount for damage or loss.—
Section16 - Accommodation works.—
Section17 - Power of owner, occupier, State Government or local authority to cause additional accommodation works to be made.—
Section18 - Fences, gates and bars.—The Central Government may, within such time as may be specified by it or within such further
Section19 - Overbridges and underbridges.—
Section20 - Power of Central Government to give directions for safety.—Notwithstanding anything contained in any other law, the
Section20A - Power to acquire land, etc.—
Section20B - Power to enter for survey, etc.—On the issue of a notification under sub-section
Section20C - Evaluation of damages during survey, measurement, etc.—The damages caused while carrying out works on land such as
Section20D - Hearing of objections, etc.—
Section20E - Declaration of acquisition.—
Section20F - Determination of amount payable as compensation.—
Section20G - Criterion for determination of market-value of land.—
Section20H - Deposit and payment of amount.—
Section20K - Competent authority to have certain powers of civil court.—The competent authority shall have, for the purposes of this
Section20L - Utilisation of land for the purpose it is acquired.—
Section20M - Sharing with landowners the difference in price of a land when transferred for a higher consideration.—Whenever any
Section20N - Land Acquisition Act 1 of 1894 not to apply.—Nothing in the Land Acquisition Act, 1894 shall apply to an acquisition
Section20P - Power to make rules in respect of matters in this Chapter.—
Chapter5 - OPENING OF RAILWAYS
Section21 - Sanction of the Central Government to the opening of railway.—No railway shall be opened for the public carriage of
Section22 - Formalities to be complied with before giving sanction to the opening of a railway.—
Section23 - Sections 21 and 22 to apply to the opening of certain works.—The provisions of sections 21 and 22 shall apply to the
Section24 - Temporary suspension of traffic.—When an accident has occurred on a railway resulting in a temporary suspension of
Section25 - Power to close railway opened for the public carriage of passengers.—Where, after the inspection of any railway opened
Section26 - Re-opening of closed railway.—When the Central Government has, under section 25, directed the closure of a railway or
Section27 - Use of rolling stock.—A railway administration may use such rolling stock as it may consider necessary for the
Section28 - Delegation of powers.—The Central Government may, by notification, direct that any of its powers or functions under
Section29 - Power to make rules in respect of matters in this Chapter.—
Chapter6 - FIXATION OF RATES
Section30 - Power to fix rates.—
Section31 - Power to classify commodities or alter rates.—The Central Government shall have power to—
Section32 - Power of railway administration to charge certain rates.—Notwithstanding anything contained in this Chapter, a railway
Chapter7 - 1
Section36 - Complaints against a railway administration.—Any complaint that a railway administration—
Section37 - Matters not within the jurisdiction of the Tribunal.—Nothing in this Chapter shall confer jurisdiction on the Tribunal
Section38 - Powers of the Tribunal.—
Section39 - Reference to the Tribunal.—Notwithstanding anything contained in section 37, the Central Government may make a
Section40 - Assistance by the Central Government.—
Section41 - Burden of proof, etc.—In the case of any complaint under clause
Section42 - Decision, etc., of the Tribunal.—The decisions or orders of the Tribunal shall be by a majority Section 43 - of the
Section43 - Bar of jurisdiction of courts.—No suit shall be instituted or proceeding taken in respect of any matter which the
Section44 - Reliefs which the Tribunal may grant.—In the case of any complaint made under clause
Section45 - Revision of decisions given by the Tribunal.—Where a railway administration considers that since the date of decision
Section46 - Execution of decisions or orders of the Tribunal.—The Tribunal may transmit any decision or order made by it to a civil
Section47 - Report to the Central Government.—The Tribunal shall present annually a report to the Central Government of all its
Section48 - Power of the Tribunal to make regulations.—
Section49 - Exhibition of certain timings and tables of fares at stations.—
Section50 - Supply of tickets on payment of fare.—
Section51 - Provision for case in which ticket is issued for class or train not having accommodation for additional passengers.—
Section53 - Prohibition against transfer of certain tickets.—A ticket issued in the name of a person shall be used only by that
Section54 - Exhibition and surrender of passes and tickets.—Every passenger shall, on demand by any railway servant authorised in
Section55 - Prohibition against travelling without pass or ticket.—
Section56 - Power to refuse to carry persons suffering from infectious or contagious diseases.—
Section57 - Maximum number of passengers for each compartment.—Subject to the approval of the Central Government, every railway
Section58 - Earmarking of compartment, etc., for ladies.—Every railway administration shall, in every train carrying passengers,
Section59 - Communications between passengers and railway servant in charge of train.—A railway administration shall provide and
Section60 - Power to make rules in respect of matters in this Chapter.—
Chapter9 - CARRIAGE OF GOODS
Section61 - Maintenance of rate-books, etc., for carriage of goods.—Every railway administration shall maintain, at each station
Section62 - Conditions for receiving, etc., of goods.—
Section63 - Provision of risk rates.—
Section64 - Forwarding note.—
Section65 - Railway receipt.—
Section66 - Power to require statement relating to the description of goods.—
Section67 - Carriage of dangerous or offensive goods.—
Section68 - Carriage of animals suffering from infectious or contagious diseases.—A railway administration shall not be bound to
Section69 - Deviation of route.—Where due to any cause beyond the control of a railway administration or due to congestion in the
Section70 - Prohibition of undue preference.—A railway administration shall not make or give any undue or unreasonable preference
Section71 - Power to give direction in regard to carriage of certain goods.—
Section72 - Maximum carrying capacity for wagons and trucks.—
Section73 - Punitive charge for overloading a wagon.—Where a person loads goods in a wagon beyond its permissible carrying capacity
Section74 - Passing of property in the goods covered by railway receipt.—The property in the consignment covered by a railway
Section75 - Section 74 not to affect right of stoppage in transit or claims for freight.—Nothing contained in section 74 shall
Section76 - Surrender of railway receipt.—The railway administration shall deliver the consignment under a railway receipt on the
Section77 - Power of railway administration to deliver goods or sale proceeds thereof in certain cases.— Where no railway receipt
Section78 - Power to measure, weigh, etc.—Notwithstanding anything contained in the railway receipt, the railway administration
Section79 - Weighment of consignment on request of the consignee or endorsee.—A railway administration may, on the request made by
Section80 - Liability of railway administration for wrong delivery.—Where a railway administration delivers the consignment to the
Section81 - Open delivery of consignments.—Where the consignment arrives in a damaged condition or shows signs of having been
Section82 - Partial delivery of consignments.—
Section83 - Lien for freight or any other sum due.—
Section84 - Unclaimed consignment.—
Section85 - Disposal of perishable consignments in certain circumstances.—
Section86 - Sales under sections 83 to 85 not to affect the right to suit.—Notwithstanding anything contained in this Chapter, the
Section87 - Power to make rules in respect of matters in this Chapter.—
Chapter10 - SPECIAL PROVISIONS AS TO GOODS BOOKED TO NOTIFIED STATIONS
Section88 - Definitions.—In this Chapter, unless the context otherwise requires,—
Section89 - Power to declare notified stations.—
Section90 - Disposal of unremoved goods at notified stations.—
Section91 - Price to be paid to person entitled after deducting dues.—
Section92 - Power to make rules in respect of matters in this Chapter.—
Section93 - General responsibility of a railway administration as carrier of goods.—Save as otherwise provided in this Act, a
Section94 - Goods to be loaded or delivered at a siding not belonging to a railway administration.—
Section95 - Delay or retention in transit.—A railway administration shall not be responsible for the loss, destruction, damage or
Section96 - Traffic passing over railways in India and railways in foreign countries.—Where in the course of carriage of any
Section97 - Goods carried at owner’s risk rate.—Notwithstanding anything contained in section 93, a railway administration shall
Section98 - Goods in defective condition or defectively packed.—
Section99 - Responsibility of a railway administration after termination of transit.—
Section100 - Responsibility as carrier of luggage.—A railway administration shall not be responsible for the loss, destruction,
Section101 - Responsibility as a carrier of animals.—A railway administration shall not be responsible for any loss or destruction
Section102 - Exoneration from liability in certain cases.—Notwithstanding anything contained in the foregoing provisions of this
Section103 - Extent of monetary liability in respect of any consignment.—
Section104 - Extent of liability in respect of goods carried in open wagon.—Where any goods, which, under ordinary circumstances,
Section105 - Right of railway administration to check contents of certain consignment or luggage.— Where the value has been declared
Section106 - Notice of claim for compensation and refund of overcharge.—
Section107 - Applications for compensation for loss, etc., of goods.—An application for compensation for loss, destruction, damage,
Section108 - Person entitled to claim compensation.—
Section109 - Railway administration against which application for compensation for personal injury is to be filed.—An application
Section110 - Burden of proof.—In an application before the Claims Tribunal for compensation for loss, destruction, damage,
Section111 - Extent of liability of railway administration in respect of accidents at sea.—
Section112 - Power to make rules in respect of matters in this Chapter.—
Section113 - Notice of railway accident.—
Section114 - Inquiry by Commissioner.—
Section115 - Inquiry by railway administration.—Where no inquiry is held by the Commissioner under sub-section
Section116 - Powers of Commissioner in relation to inquiries.—
Section117 - Statement made before Commissioner.—No statement made by a person in the course of giving evidence in an inquiry before
Section118 - Procedure, etc.—Any railway administration or the Commissioner conducting an inquiry under this Chapter may send notice
Section119 - No inquiry, investigation, etc., to be made if the Commission of Inquiry is appointed.— Notwithstanding anything
Section121 - Returns.—Every railway administration shall send to the Central Government, a return of accidents occurring on its
Section122 - Power to make rules in respect of matters in this Chapter.—
Section123 - Definitions.—In this Chapter, unless the context otherwise requires,—
Section124 - Extent of liability.—When in the course of working a railway, an accident occurs, being either a collision between
Section125 - Application for compensation.—
Section126 - Interim relief by railway administration.—
Section127 - Determination of compensation in respect of any injury or loss of goods.—
Section128 - Saving as to certain rights.—
Section129 - Power to make rules in respect of matters in this Chapter.—
Chapter14 - REGULATION OF HOURS OF WORK AND PERIOD OF REST
Section130 - Definitions.—In this Chapter, unless the context otherwise requires,—
Section131 - Chapter not to apply to certain railway servants.—Nothing in this Chapter shall apply to any railway servant to whom
Section132 - Limitation of hours of work.—
Section133 - Grant of periodical rest.—
Section134 - Railway servant to remain on duty.—Nothing in this Chapter or the rules made thereunder shall, where due provision has
Section135 - Supervisors of railway labour.—
Section136 - Power to make rules in respect of matters in this Chapter.—
Chapter15 - PENALTIES AND OFFENCES
Section137 - Fraudulently travelling or attempting to travel without proper pass or ticket.—
Section138 - Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance.—
Section139 - Power to remove persons.—Any person failing or refusing to pay the fare and the excess charge referred to in section
Section140 - Security for good behaviour in certain cases.—
Section141 - Needlessly interfering with means of communication in a train.—If any passenger or any other person, without reasonable
Section142 - Penalty for transfer of tickets.—
Section143 - Penalty for unauthorised carrying on of business of procuring and supplying of railway tickets.—
Section144 - Prohibition on hawking, etc., and begging.—
Section145 - Drunkenness or nuisance.—If any person in any railway carriage or upon any part of a railway—
Section146 - Obstructing railway servant in his duties.—If any person wilfully obstructs or prevents any railway servant in the
Section147 - Trespass and refusal to desist from trespass.—
Section148 - Penalty for making a false statement in an application for compensation.—If in any application for compensation under
Section149 - Making a false claim for compensation.—If any person requiring compensation from a railway administration for loss,
Section150 - Maliciously wrecking or attempting to wreck a train.—
Section151 - Damage to or destruction of certain railway properties.—
Section152 - Maliciously hurting or attempting to hurt persons travelling by railway.—If any person unlawfully throws or causes to
Section153 - Endangering safety of persons travelling by railway by wilful act or omission.—If any person by any unlawful act or by
Section154 - Endangering safety of persons travelling by railway by rash or negligent act or omission.— If any person in a rash and
Section155 - Entering into a compartment reserved or resisting entry into a compartment not reserved.—
Section156 - Travelling on roof, step or engine of a train.—If any passenger or any other person, after being warned by a railway
Section157 - Altering or defacing pass or ticket.—If any passenger wilfully alters or defaces his pass or ticket so as to render the
Section158 - Penalty for contravention of any of the provisions of Chapter XIV.—Any person under whose authority any railway servant
Section159 - Disobedience of drivers or conductors of vehicles to directions of railway servant, etc.—If any driver or conductor of
Section160 - Opening or breaking a level crossing gate.—
Section161 - Negligently crossing unmanned level crossing.—If any person driving or leading a vehicle is negligent in crossing an
Section162 - Entering carriage or other place reserved for females.—If a male person knowing or having reason to believe that a
Section163 - Giving false account of goods.—If any person required to furnish an account of goods under section 66, gives an account
Section164 - Unlawfully bringing dangerous goods on a railway.—If any person, in contravention of section 67, takes with him any
Section165 - Unlawfully bringing offensive goods on a railway.—If any person, in contravention of section 67, takes with him any
Section166 - Defacing public notices.—If any person without lawful authority—
Section167 - Smoking.—
Section168 - Provision with respect to commission of offence by the children of acts endangering safety of person travelling on
Section169 - Levy of penalty on non-Government railway.—If a non-Government railway fails to comply with, any requisition made,
Section170 - Recovery of penalty.—Any penalty imposed by the Central Government under section 169, shall be recoverable by a suit in
Section171 - Section 169 or 170 not to preclude Central Government from taking any other action.— Nothing in section 169 or 170
Section172 - Penalty for intoxication.—If any railway servant is in a state of intoxication while on duty, he shall be punishable
Section173 - Abandoning train, etc., without authority.—If any railway servant, when on duty, is entrusted with any responsibility
Section174 - Obstructing running of train, etc.—If any railway servant
Section175 - Endangering the safety of persons.—If any railway servant, when on duty, endangers the safety of any person—
Section176 - Obstructing level crossing.—If any railway servant unnecessarily—
Section177 - False returns.—If any railway servant required to furnish a return by or under this Act, signs and furnishes a return
Section178 - Making a false report by a railway servant.—If any railway servant who is required by a railway administration to
Section180 - Arrest of persons likely to abscond, etc.—
Section180B - Powers of officer authorised to inquire.—While making an inquiry, the officer authorised shall have power to,—
Section180C - Disposal of persons arrested.—Every person arrested for an offence punishable under sub-section
Section180D - Inquiry how to be made against arrested person.—
Section180E - Search, seizure and arrest how to be made.—All searches, seizures and arrests made under this Act shall be carried out
Section180F - Cognizance by Court on a complaint made by officer authorised.—No court shall take cognizance of an offence mentioned
Section180G - Punishment for certain offences in relation to inquiry.—Whoever intentionally insults or causes any interruption in the
Section181 - Magistrate having jurisdiction under the Act.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973
Section182 - Place of trial.—
Section183 - Power to provide other transport services.—
Section184 - Taxation on railways by local authorities.—
Section185 - Taxation on railways for advertisement.—
Section186 - Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the Central
Section187 - Restriction on exceution against railway property.—
Section188 - Railway servants to be public servants for the purposes of Chapter IX and section 409 of the Indian Penal Code
Section189 - Railway servants not to engage in trade.—A railway servant shall not—
Section190 - Procedure for delivery to railway administration of property detained by a railway servant.—If a railway servant is
Section191 - Proof of entries in records and documents.—Entries made in the records or other documents of a railway administration
Section192 - Service of notice, etc., on railway administration.—Any notice or other document required or authorised by this Act to
Section193 - Service of notice, etc., by railway administration.—Unless otherwise provided in this Act or the rules framed
Section194 - Presumption where notice is served by post.—Where a notice or other document is served by post, it shall be deemed to
Section195 - Representation of railway administration.—
Section196 - Power to exempt railway from Act.—
Section197 - Matters supplemental to the definitions of “railway” and “railway servant”.—
Section198 - General power to make rules.—Without prejudice to any power to make rules contained elsewhere in this Act, the Central
Section199 - Rules to be laid before Parliament.—Every rule made under this Act shall be laid, as soon as may be after it is made,
Section200 - Repeal and saving.—

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