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Start Free TrialRailways Act, 1989 Section 124A
Title: Compensation on Account of Untoward Incident
State: Central
Year: 1989
.....only for loss occasioned by the death of, or injury to, a passenger as a result of such untoward incident: Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to-- (a) suicide or attempted suicide by him; (b) self-inflicted injury; (c) his own criminal act; (d) any act committed by him in a state of intoxication or insanity; (e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident. Explanation. --For the purposes of this section, "passenger" includes-- (i) a railway servant on duty; and (ii) a person who has purchased a valid ticket for travelling by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident.] ______________________ 1. Inserted by Railway (Amdt.) Act (28 of 1994), section 3 (w.e.f. 1-8-1994).
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 sectionRailway Claims Tribunal Act, 1987 Complete Act
State: Central
Year: 1987
.....Vice-Chairman, (h) "notification" means a notification published in the Official Gazette; (i) "prescribed" means prescribed by rules; (j) "Railways Act" means the Indian Railways Act, 1890 -; (k) "rules" means rules made under this Act; (l) "Technical Member" means a Member of the Claims Tribunal who is not a Judicial Member, and includes the Chairman or a Vice-Chairman who possesses any of the qualifications specified in sub-section (4) of section 5-; (m) "Vice-Chairman" means a Vice-Chairman of the Claims Tribunal. Explanation.- References to the Vice-Chairman in this Act shall be construed as references to each of the Vice-Chairman; 3[(n) "untoward incident" shall have the meaning assigned to it in clause (c) of section 123 of the Railways Act, 1989-;] 3[(o)] words and expressions used and not defined in this Act but defined in the Railways Act or the rules made thereunder shall have the meanings respectively assigned to them in that Act or the said rules. SECTION 03: ESTABLISHMENT OF RAILWAY CLAIMS TRIBUNAL The Central Government shall, by notification, establish a Claims Tribunal, to be known as the Railway Claims Tribunal, to exercise the jurisdiction, powers and authority.....
List Judgments citing this sectionRailways Act, 1989 Section 123
Title: Definitions
State: Central
Year: 1989
.....son, if dependant wholly or partly on the deceased passenger; (iii) a minor child of a pre-deceased daughter, if wholly dependant on the deceased passenger; (iv) the paternal grandparent wholly 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).
View Complete Act List Judgments citing this sectionRailways Act, 1989 Section 125
Title: Application for Compensation
State: Central
Year: 1989
(1) An application for compensation under section 1241[or section 124A] may be made to the Claims Tribunal-- (a) by the person who has sustained the injury or suffered any loss, or (b) by any agent duly authorised by such person in this behalf, or (c) where such person is a minor, by his guardian, or (d) where death has resulted from the accident,1[or the untoward incident] by any dependant of the deceased or where such a dependant is a minor, by his guardian. (2) Every application by a dependant for compensation under this section shall be for the benefit of every other dependant. ______________________ 1. Inserted by Railway (Amdt.) Act (28 of 1994), section 4 (w.e.f. 1-8-1994).
View Complete Act List Judgments citing this sectionRailway Claims Tribunal Act, 1987 Preamble 1
Title: Railway Claims Tribunal Act, 1987
State: Central
Year: 1987
THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 [Act, No. 54 of 1987] [23rd December, 1987] PREAMBLE An Act to provide for establishment of a Railway Claims Tribunal for inquiring into and determining claims against a railway administration for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to it to be carried by railway or for the refund of fares or freight or for compensation for death or injury to passengers occurring as a result of railway accidents1[or untoward incidents] and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:-- ______________________ 1. Inserted by Act 28 of 1994, section 7 (w.e.f. 1-8-1994).
View Complete Act List Judgments citing this sectionRailway Claims Tribunal Act, 1987 Chapter 1
Title: Preliminary
State: Central
Year: 1987
.....who possesses any of the qualifications specified in subsection (4) of section 5; (m) "Vice-Chairman" means a Vice-Chairman of the Claims Tribunal. Explanation. --References to the Vice-Chairman in this Act shall be construed as references to each of the Vice-Chairman; 2[(n) "untoward incident" shall have the meaning assigned to it in clause (c) of section 123 of the Railways Act, 1989 (24 of 1989); 2[(o) words and expressions used and not defined in this Act but defined in the Railways Act or the rules made thereunder shall have the meanings respectively assigned to them in that Act or the said rules.] ______________________ 1. 8-11-1989 2. Clause. (n) re-lettered as Clause. (o) and inserted before Clause. (o) as so re-lettered by Railways (Amdt) Act ( 28 of 1994), Section.8.
View Complete Act List Judgments citing this sectionRailway Claims Tribunal Act, 1987 Section 2
Title: Definitions
State: Central
Year: 1987
.....Vice-Chairman who possesses any of the qualifications specified in subsection (4) of section 5; (m) "Vice-Chairman" means a Vice-Chairman of the Claims Tribunal. Explanation. --References to the Vice-Chairman in this Act shall be construed as references to each of the Vice-Chairman; 2[(n) "untoward incident" shall have the meaning assigned to it in clause (c) of section 123 of the Railways Act, 1989 (24 of 1989); 2[(o) words and expressions used and not defined in this Act but defined in the Railways Act or the rules made thereunder shall have the meanings respectively assigned to them in that Act or the said rules.] ______________________ 1. 8-11-1989 2. Clause. (n) re-lettered as Clause. (o) and inserted before Clause. (o) as so re-lettered by Railways (Amdt) Act ( 28 of 1994), Section.8.
View Complete Act List Judgments citing this sectionRailways Act, 1989 Complete Act
Title: Railways Act, 1989
State: Central
Year: 1989
.....of Vice-Chairman and other Members Section4D - Functions of Authority Section4E - Powers of Authority to enter into agreements and execute contracts Section4F - Procedure of transaction of business of Authority Section4G - Appointment of officers and other employees of Authority Section4H - Salaries, allowances, etc., to be defrayed out of Consolidated Fund of India Section4I - Power of Authority to make regulations Chapter 3 Section5 - Appointment of Chief Commissioner of Railway Safety and Commissioners of Railway Safety Section6 - Duties of Commissioner Section7 - Powers of Commissioner Section8 - Commissioner to be public servant Section9 - Facilities to be afforded to Commissioners Section10 - Annual report of Commissioners Chapter 4 Section11 - Power of railway administrations to execute all necessary works Section12 - Power to alter the position of pipe, electric supply line, drain or sewer, etc. Section13 - Protection for Government Property 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,.....
List Judgments citing this sectionInformation Technology Act, 2000 Section 70B
Title: Indian Computer Emergency Response Team to Serve as National Agency for Incident Response
State: Central
Year: 2000
.....incidents; (f) such other functions relating to cyber security as may be prescribed. (5) The manner of performing functions and duties of the agency referred to in sub-section (1) shall be such as may be prescribed. (6) For carrying out the provisions of sub-section (4), the agency referred to in sub-section (1) may call for information and give direction to the service providers, intermediaries, data centres, body corporate and any other person. (7) Any service provider, intermediaries, data centres, body corporate or person who fails to provide the information called for or comply with the direction under subsection (6), shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both. (8) No court shall take cognizance of any offence under this section, except on a complaint made by an officer authorised in this behalf by the agency referred to in sub-section (1).] ____________________ 1. Inserted vide Information Technology (Amendment) Act, 2008.
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