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Start Free TrialRailways Act, 1989 Chapter 11
Title: Responsibilities of Railway Administrations as Carriers
State: Central
Year: 1989
.....after termination of transit (1) A railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872 (9 of 1872), for the loss, destruction, damage, deterioration or non-delivery of any consignment up to a period of seven days after the termination of transit: Provided that where the consignment is at owner's risk rate, the railway administration shall not be responsible as a bailee of such loss, destruction, damage, deterioration or non-delivery except on proof of negligence or misconduct on the part of the railway administration or of any of its servants. (2) The railway administration shall not be responsible in any case for the loss, destruction, damage, deterioration or non-delivery of any consignment arising after the expiry of a period of seven days after the termination of transit. (3) Notwithstanding anything contained in the foregoing provisions of this section, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of perishable goods, animals, explosives and such dangerous or other goods as may be prescribed, after the termination of transit......
View Complete Act List Judgments citing this sectionRailways Act, 1989 Chapter 13
Title: Liability of Railway Administration for Death and Injury to Passengers Due to Accidents
State: Central
Year: 1989
.....dependant on the deceased passenger. 1[(c) "untoward incident" means-- (1) (i) the commission of a terrorist act within the meaning of sub-section (1) of section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or (ii) the making of a violent attack or the commission of robbery or dacoity; or (iii) the indulging in rioting, shoot-out or arson, by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or (2) the accidental falling of any passenger from a train carrying passengers.] ___________________ 1. Inserted by Railways (Amdt.) Act (28 of 1994), section 2 (w.e.f. 1-8-1994). Section 124 - Extent of liability When in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle.....
View Complete Act List Judgments citing this sectionRailways Act, 1989 Section 94
Title: Goods to Be Loaded or Delivered at a Siding Not Belonging to a Railway Administration
State: Central
Year: 1989
(1) Where goods are required to be loaded at a siding not belonging to a railway administration for carriage by railway, the railway administration shall not be responsible for any loss, destruction, damage or deterioration of such goods from whatever cause arising, until the wagon containing the goods has been placed at the specified point of interchange of wagons between the siding and the railway administration and a railway servant authorised in this behalf has been informed in writing accordingly by the owner of the siding. (2) Where any consignment is required to be delivered by a railway administration at a siding not belonging to a railway administration, the railway administration shall not be responsible for any loss, destruction, damage or deterioration or non-delivery of such consignment from whatever cause arising after the wagon containing the consignment has been placed at the specified point of interchange of wagons between the railway and the siding and the owner of the siding has been informed in writing accordingly by a railway servant authorised in this behalf.
View Complete Act List Judgments citing this sectionRailways Act, 1989 Section 190
Title: Procedure for Delivery to Railway Administration of Property Detained by a Railway Servant
State: Central
Year: 1989
If a railway servant is discharged from service or is suspended, or dies or absconds or absents himself, and he or his wife or widow or any member of his family or his representative refuses or neglects, after notice in writing for that purpose, to deliver up to the railway administration or to a person appointed by the railway administration, in this behalf, any station, office or other building with its appurtenances, or any books, papers, keys, equipment or other matters, belonging to the railway administration and in the possession or custody of such railway servant at the occurrence of any such event as aforesaid, any Metropolitan Magistrate or Judicial Magistrate of the first class may, on application made by or on behalf of the railway administration, order any police officer, with proper assistance, to enter upon the station, office or other building and remove any person found therein and take possession thereof, or to take possession of the books, papers or other matters, and to deliver the same to the railway administration or to a person appointed by the railway administration in that behalf.
View Complete Act List Judgments citing this sectionMetro Railways (Construction of Works) Act, 1978 Section 18
Title: Functions of Metro Railway Administration
State: Central
Year: 1978
.....or under them and divert or alter as well temporarily as permanently, the course of any rivers, canals, brooks, streams, or water-courses or any drains water-pipes, gas-pipes, electric lines or telegraph lines or raise or sink level thereof in order the more conveniently to carry them over or under, as the metro railway administration thinks proper; (c) make drains or conduits into, through or under, any lands adjoining the metro railway for the purpose of conveying water from or to the metro railway; (d) erect or construct such houses, warehouses, offices and other buildings and such yards, stations, engines, machinery, apparatus and other works and conveniences, as the metro railway administration thinks proper; (e) alter, repair or discontinue such buildings, works and conveniences as aforesaid or nay of them, and substitute others in their stead; (f) draw, make or conduct such maps, plans surveys or tests, as the metro railway administration thinks proper; (g) do all other acts necessary for making, maintaining, altering or repairing and using the metro railway.
View Complete Act List Judgments citing this sectionRailways Act, 1989 Section 99
Title: Responsibility of a Railway Administration After Termination of Transit
State: Central
Year: 1989
(1) A railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872 (9 of 1872), for the loss, destruction, damage, deterioration or non-delivery of any consignment up to a period of seven days after the termination of transit: Provided that where the consignment is at owner's risk rate, the railway administration shall not be responsible as a bailee of such loss, destruction, damage, deterioration or non-delivery except on proof of negligence or misconduct on the part of the railway administration or of any of its servants. (2) The railway administration shall not be responsible in any case for the loss, destruction, damage, deterioration or non-delivery of any consignment arising after the expiry of a period of seven days after the termination of transit. (3) Notwithstanding anything contained in the foregoing provisions of this section, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of perishable goods, animals, explosives and such dangerous or other goods as may be prescribed, after the termination of transit. (4) Nothing in the foregoing.....
View Complete Act List Judgments citing this sectionRailways Act, 1989 Section 111
Title: Extent of Liability of Railway Administration in Respect of Accidents at Sea
State: Central
Year: 1989
.....and accidents of the seas, rivers and navigation of whatever nature and kind shall, without being expressed, be deemed to be part of the contract, and, subject to that condition, the railway administration shall, irrespective of the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of life, personal injury or loss of or damage to goods which may happen during the carriage by sea, to the extent to which it would be responsible under the Merchant Shipping Act, 1958 (44 of 1958), if the ships were registered under that Act and the railway administration were owner of the ship and not to any greater extent. (2) The burden of proving that any such loss, injury or damage as is mentioned in sub-section (1) happened during the carriage by sea shall lie on the railway administration.
View Complete Act List Judgments citing this sectionRailways (Employment of Members of the Armed Forces) Act, 1965 Section 3
Title: Employment of Members of Armed Forces of the Union to Assist a Railway Administration in Connection with the Service of a Railway
State: Central
Year: 1965
.....service of a railway, then, whether such employment was before or is after the commencement of this Act,- (a) Any provision of the Indian Railways Act, 1890(9 of 1890), or of the rules made thereunder, which confers a power, status or immunity, or imposes a duty or liability, upon a railway servant, in connection with the working use, management and maintenance of railways, shall be construed as conferring the same power, status or immunity or imposing the same duty or liability, as the case may be, upon such member of the Armed Forces of the Union when so employed; (b) The employment of a member of the Armed Forces of the Union, in addition to or in the place of any railway servant, shall not affect any liability that would have attached to the railway administration had such member been a railway servant. (2) Nothing in sub-section (1) shall be construed as making applicable to the members of the Armed Forces of the Union employed to assist a railway administration the provisions of Chapter VIA of the Indian Railways Act, 1890(9 of 1890), or as derogating from any provision of a law regulating the governance, control and discipline of the members of the Armed Forces of.....
View Complete Act List Judgments citing this sectionRailways Act, 1989 Section 126
Title: Interim Relief by Railway Administration
State: Central
Year: 1989
.....as it may deem fit, the railway administration is satisfied that circumstances exist which require relief to be afforded to the applicant immediately, it may, pending determination by the Claims Tribunal of the actual amount of compensation payable under section 1241[or section 124A] pay to any person who has sustained the injury or suffered any loss, or where death has resulted from the accident, to any dependant of the deceased, such sum as it considers reasonable for affording such relief, so however, that the sum paid shall not exceed the amount of compensation payable at such rates as may be prescribed. (3) The railway administration shall, as soon as may be, after making an order regarding payment of interim relief under sub-section (2), send a copy thereof to the Claims Tribunal. (4) Any sum paid by the railway administration under sub-section (2) shall be taken into account by the Claims Tribunal while determining the amount of compensation payable. ______________________ 1. Inserted Railway (Amdt.) Act (28 of 1994), section 5 (w.e.f. 1-8-1994).
View Complete Act List Judgments citing this sectionCalcutta Metro Railway (Operation and Maintenance) Temporary Provisions Act, 1985 Chapter II
Title: The Calcutta Metro Railway Administration
State: Central
Year: 1985
.....railway shall be opened for the public carriage of passengers except with the previous sanction of the Central Government. (2) Before giving its sanction under sub-section (1), the Central Government shall, after considering the report given (whether before or after the commencement of this Act) by the commissioner under clause (a) of sub-section (2) of section 27 of the Construction Act and other relevant factors, satisfy itself that the metro railway can be opened without danger to the public using it. (3) A sanction given under this section may be either absolute or subject to such conditions as the Central Government thinks necessary for the safety of the public. (4) Where any sanction for the opening of the metro railway under this section is given subject to any conditions, such railway shall not be worked or used until such conditions are fulfilled to the satisfaction of the Central Government.
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