[21st March, 1890] An Act to
consolidate, amend and add to the law relating to Railways in India. WHEREAS it
is expedient to consolidate, amend and add to the law relating to railways in
India; It is hereby enacted as follows:-- (1)
This Act may
be called the Indian Railways Act, 1890. (2)
It extends
to the whole of British India, inclusive of Upper Burma and (in so far as it
has been or may be extended under the provisions of the Sindh-Pishin Railway
Act, 1887 (XI of 1887)) of British Baluchistan, and applies also to all
subjects of Her Majesty within the dominions of Princes and States in India in
alliance with Her Majesty, and to all Native subjects of Her Majesty without
and beyond British India and those dominions; and (3)
It shall
come into force on the first day of May, 1890. (1)
On and from
that day the enactments specified in the first schedule are repealed to the
extent mentioned in the third column thereof. (2)
But all
rules, declarations and appointments made, sanctions and directions given,
forms approved, powers conferred and notifications published under any of those
enactments, or under, any enactment repealed by any of them, shall, so far
as they are consistent with this Act, be deemed to have been respectively made,
given, approved, conferred and published under this Act. (3)
Any
enactment or document referring to any of those enactments or to any enactment
repealed by any of them, shall, so far as may be, be construed to refer to this
Act or to the corresponding portion thereof. In this Act,
unless there is something repugnant in the subject or context,-- (1)
"tramway"
means a tramway constructed under the Indian Tramways Act, 1886 (XI of 18), or
any special Act relating to tramways: (2)
"ferry"
includes a bridge of boats, pontoons or rafts, a swing-bridge, a flying bridge
and a temporary bridge, and the approaches to, and landing-places of, a ferry: (3)
"inland
water" means any canal, river, lake or navigable water in British India: (4)
"railway"
means a railway, or any portion of a railway, for the public carriage of
passengers, animals or goods, and includes-- (a)
all land
within the fences or other boundary-marks indicating the limits of the land
appurtenant to a railway; (b)
all lines of
rails, sidings or branches worked over for the purposes of, or in connection
with, a railway; (c)
all
stations, offices, warehouses, wharves, workshops, manufactories, fixed plant
and machinery and other works constructed for the purposes of, or in connection
with, a railway; and (d)
all ferries,
ships, boats and rafts which are used on inland waters for the purposes of the
traffic of a railway and belong to or are hired or worked by the authority
administering the railway: (5)
"railway
company" includes any persons, whether incorporated or not, who are owners
or lessees of a railway or parties to an agreement for working a railway: (6)
"railway
administration" or "administration", in the case of a railway
administered by the Government or a Native State, means the Manager of the
railway and includes the Government or the Native State, and, in the case of a
railway administered by a railway company, means the railway company: (7)
"railway
servant" means any person employed by a railway administration in
connection with the service of a railway: (8)
"Inspector"
means an Inspector of Railways appointed under this Act: (9)
"goods"
includes inanimate things of every kind: (10)
"rolling-stock"
includes locomotive engines, tenders, carriages, wagons, trucks and trollies of
all kinds: (11)
"traffic"
includes rolling-stock of every description as well as passengers, animals and
goods: (12)
"through
traffic" means traffic which is carried over the railways of two or more
railway administrations: (13)
"rate"
includes any fare, charge or other payment for the carriage of any passenger,
animal or goods: (14)
"terminals"
includes charges in respect of stations, sidings, wharves, depots, warehouses,
cranes and other similar matters, and of any services rendered thereat: (15)
"pass"
means an authority given by a railway administration, or by an officer
appointed by a railway administration in this behalf, and authorising the
person to whom it is given to travel as a passenger on a railway gratuitously: (16)
"ticket"
includes a single ticket, a return ticket and a season ticket: (17)
"maund"
means a weight of three thousand two hundred tolat, each total being a weight
of one hundred and eighty grains Troy: and (18)
"Collector"
means the chief officer in charge of the land-revenue administration of a
district, and includes any officer specially appointed by the Local Government
to discharge the functions of a Collector under this Act. (1)
The Governor
General in Council may appoint persons, by name or by virtue of their office,
to be Inspectors of Railways. (2)
The duties
of an Inspector of Railways shall be-- (a)
to inspect
railways with a view to determine whether they are fit to be opened for the
public carriage of passengers, and to report thereon to the Governor General in
Council as required by this Act; (b)
to make such
periodical or other inspections of any railway or of any rolling-stock used
thereon as the Governor General in Council may direct; (c)
to make
inquiry under this Act into the cause of any accident on a railway; (d)
to perform
such other duties as are imposed on him by this Act or any other enactment for
the time being in force relating to railways. An Inspector
shall, for the purpose of any of the duties which he is required or
authorised to perform under this Act, be deemed to be a public servant within
the meaning of the Indian Penal Code (XLV of 1860), and, subject to the control
of the Governor General in Council, shall for that purpose have the following
powers, namely:-- (a)
to enter
upon and inspect any railway or any rolling-stock used thereon; (b)
by an order
in writing under his hand addressed to the railway administration, to require
the attendance before him of any railway servant, and to require answers or
returns to such inquiries as he thinks fit to make from such railway servant or
from the railway administration; (c)
to require
the production of any book or document belonging to or in the possession or
control of any railway administration (except a communication between a railway
company and its legal advisers) which it appears to him to be necessary to
inspect. A railway
administration shall afford to the Inspector all reasonable facilities for
performing the duties and exercising the powers imposed and conferred upon him
by this Act. (1)
Subject to
the provisions of this Act and, in the case of immoveable property not
belonging to the railway administration, to the provisions of any enactment for
the time being in force for the acquisition of land for public purposes and for
companies, and, subject also, in the case of a railway company, to the provisions
of any contract between the company and the Government, a railway
administration may, for the purpose of constructing a railway or the
accommodation or other works connected therewith, and notwithstanding anything
in any other enactment for the time being in force,-- (a)
make or
construct in, upon, across, under or over any lands, or any streets, hills,
valleys, roads, railways or tramways, or any rivers, canals, brooks, streams or
other waters, or any drains, water-pipes, gas-pipes or telegraph lines, such temporary
or permanent inclined planes, arches, tunnels, culverts, embankments,
aqueducts, bridges, roads, ways, passages, conduits, drains, piers, cuttings
and fences as the railway administration thinks proper; (b)
alter the
course of any rivers, brooks, streams or watercourses, for the purpose of
constructing and maintaining tunnels, bridges, passages or other works over or
under them, and divert or alter, as well temporarily as permanently, the course
of any rivers, brooks, streams or watercourses or any roads, streets or ways,
or raise or sink the level thereof, in order the more conveniently to carry
them over or under or by the side of the railway, as the railway administration
thinks proper; (c)
make drains
or conduits into, through or under any lands adjoining the railway for the
purpose of conveying water from or to the railway; (d)
erect and
construct such houses, warehouses, offices and other buildings and such yards,
stations, wharves, engines, machinery, apparatus and other works and
conveniences as the railway administration thinks proper; (e)
alter,
repair or discontinue such buildings, works and conveniences as aforesaid or
any of them, and substitute others in their stead; and (f)
do all other
acts necessary for making, maintaining, altering or repairing and using the
railway. (2)
The exercise
of the powers conferred on a railway administration by sub-section (1) shall be
subject to the control of the Governor General in Council. A railway
administration may, for the purpose of exercising the powers conferred upon it
by this Act, alter the position of any pipe for the supply of gas, water or
compressed air or the position of any electric wire or of any drain not being a
main drain: Provided
that-- (a)
when the
railway administration desires to alter the position of any such pipe, wire or
drain it shall give reasonable notice of its intention to do so, and of the
time at which it will begin to do so, to the local authority or company having
control over the pipe, wire or drain, or, when the pipe, wire or drain is not
under the control of a local authority or company, to the person under whose
control the pipe, wire or drain is; (b)
a local
authority, company or person receiving notice under proviso (a) may send a
person to superintend the work, and the railway administration shall execute
the work to the reasonable satisfaction of the person so sent and shall make
arrangements for continuing during the execution of the work the supply of gas,
water, compressed air or electricity or the maintenance of the drainage, as the
case may be. (1)
The Governor
General in Council may authorise any railway administration, in case of any
slip or other accident happening or being apprehended to any cutting,
embankment or other work under the control of the railway administration, to
enter upon any lands adjoining its railway for the purpose of repairing or
preventing the accident, and to do all such works as may be necessary for the
purpose. (2)
In case of
necessity the railway administration may enter upon the lands and do the works
aforesaid without having obtained the previous sanction of the Governor General
in Council, but in such a case shall, within seventy-two hours after such
entry, make a report to the Governor General in Council, specifying the nature
of the accident or apprehended accident, and of the works necessary to be done,
and the power conferred on the railway administration by this sub-section shall
cease and determine if the Governor General in Council, after considering the
report, considers that the exercise of the power is not necessary for the
public safety. (1)
A railway
administration shall do as little damage as possible in the exercise of the
powers conferred by any of the three last foregoing sections, and compensation
shall be paid for any damage caused by the exercise thereof. (2)
A suit shall
not lie to recover such compensation, but in case of dispute the amount thereof
shall, on application to the Collector, be determined and paid in accordance,
so far as may be, with the provisions of sections 11 to 15, both inclusive, and
sections 18 to 42, both inclusive, of the Land-acquisition Act, 1870 (x of
1870), and the provisions of sections 57 and 58 of that Act shall apply to the
award of compensation. (1)
A railway
administration shall make and maintain the following works for the
accommodation of the owners and occupiers of lands adjoining the railway,
namely:-- (a)
such and so
many convenient crossings, bridges, arches, culverts and passages over, under
or by the sides of, or leading to or from, the railway as may, in the opinion
of the Governor General in Council, be necessary for the purpose of making good
any interruptions caused by the railway to the use of the lands through which
the railway is made, and (b)
all
necessary arches, tunnels, culverts, drains, watercourses or other passages,
over or under or by the sides of the railway, of such dimensions as will, in
the opinion of the Governor General in Council, be sufficient at all times to
convey water as freely from or to the lands lying near or affected by the
railway as before the making of the railway, or as nearly so as may be. (2)
Subject to
the other provisions of this Act, the works specified in clauses (a) and (b) of
sub-section (1) shall be made during or immediately after the laying out or
formation of the railway over the lands traversed thereby and in such manner as
to cause as little damage or inconvenience as possible to persons interested in
the lands or affected by the works. (3)
The
foregoing provisions of this section are subject to the following provisos, namely:-- (a)
a railway
administration shall not be required to make any accommodation works in such a
manner as would prevent or obstruct the working or using of the railway, or to
make any accommodation works with respect to which the owners and occupiers of
the lands have agreed to receive and have been paid compensation in
consideration of their not requiring the works to be made; (b)
save as
hereinafter in this Chapter provided, a railway administration shall not,
except on the requisition of the Governor General in Council, be compelled to
defray the cost of executing any further or additional accommodation works for
the use of the owners or occupiers of the lands after the expiration of ten
years from the date on which the railway passing through the lands was first
opened for public traffic; (c)
where a
railway administration has provided suitable accommodation for the crossing of
a road or stream, and the road or stream is afterwards diverted by the act or
neglect of the person having the control thereof, the administration shall not
be compelled to provide other accommodation for the crossing of the road or
stream. (4)
The Governor
General in Council may appoint a time for the commencement of any work to be
executed under sub-section (1), and if for fourteen days next after that time
the railway administration fails to commence the work or, having commenced it,
fails to proceed diligently to execute it in a sufficient manner, the Governor
General in Council may execute it and recover from the railway administration
the cost incurred by him in the execution thereof. If an owner
or occupier of any land affected by a railway considers the works made under
the last foregoing section to be insufficient for the commodious use of the
land, or if the Local Government or a local authority desires to construct a
public road or other work across, under or over a railway, he or it, as the
case may be, may at any time require the railway administration to make at his
or its expense such further accommodation works as he or it thinks
necessary and are agreed to by the railway administration or as, in case of
difference of opinion, may be authorised by the Governor General in Council. The Governor
General in Council may require that, within a time to be specified in the
requisition or within such further time as he may appoint in this behalf,-- (a)
boundary-marks
or fences be provided or renewed by a railway administration for a railway or
any part thereof and for roads constructed in connection therewith; (b)
any works in
the nature of a screen near to or adjoining the side of any public road
constructed before the making of a railway be provided or renewed by a railway
administration for the purpose of preventing danger to passengers on the road
by reason of horses or other animals being frightened by the sight or noise of
the rolling-stock moving on the railway; (c)
suitable
gates, chains, bars, stiles or hand-rails be erected or renewed by a railway
administration at places where a railway crosses a public road on the level; (d)
persons be
employed by a railway administration to open and shut such gates, chains or
bars. (1)
Where a
railway administration has constructed a railway across a public road on the
level, the Governor General in Council may at any time, if it appears to him
necessary for the public safety, require the railway administration, within
such time as he thinks fit, to carry the road either under or over the railway
by means of a bridge or arch, with convenient ascents and descents and other
convenient approaches, instead of crossing the road on the level, or to
execute such other works as, in the circumstances of the case, may appear to
the Governor General in Council to be best adapted for removing or diminishing
the danger arising from the level-crossing. (2)
The Governor
General in Council may require, as a condition of making a requisition under
sub-section (1), that the local authority, if any, which maintains the road
shall undertake to pay the whole of the cost to the railway administration of
complying with the requisition or such portion of the cost as the Governor
General in Council thinks just. (1)
In either of
the following cases, namely:- (a)
where there
is danger that a tree standing near a railway may fall on the railway so as to
obstruct traffic, (b)
when a tree
obstructs the view of any fixed signal, the railway administration may, with
the permission of any Magistrate, fell the tree or deal with it in such other
manner as will in the opinion of the railway administration avert the danger or
remove the obstruction, as the case may be. (2)
In case of
emergency the power mentioned in sub-section (1) may be exercised by a railway
administration without the permission of a Magistrate. (3)
Where a tree
felled or otherwise dealt with under sub-section (1) or sub-section (2) was in
existence before the railway was constructed or the signal was fixed, any
Magistrate may, upon the application of the persons interested in the tree,
award to those persons such compensation as he thinks reasonable. (4)
Such an
award, subject, where made in a presidency-town by any Magistrate other than
the Chief Presidency Magistrate or where made elsewhere by any Magistrate other
than the District Magistrate, to revision by the Chief Presidency
Magistrate, or the District Magistrate, as the case may be, shall be final. (5)
A Civil
Court shall not entertain a suit to recover compensation for any tree felled or
otherwise dealt with under this section. (1)
A railway
administration may, with the previous sanction of the Governor General in
Council, use upon a railway locomotive engines or other motive power, and
rolling-stock to be drawn or propelled thereby. (2)
But
rolling-stock shall not be moved upon a railway by steam or other motive power
until such general rules for the railway as may be deemed to be necessary have
been made, sanctioned and published under this Act. (1)
Subject to
the provisions of sub-section (2), a railway administration shall, one month at
least before it intends to open any railway for the public carriage of
passengers, give to the Governor General in Council notice in writing of its
intention. (2)
The Governor
General in Council may in any case, if he thinks fit, reduce the period of, or
dispense with, the notice mentioned in sub-section (1). A railway
shall not be opened for the public carriage of passengers until the Governor
General in Council, or an Inspector empowered by the Governor General in
Council in this behalf, has by order sanctioned the opening thereof for that
purpose. (1)
The sanction
of the Governor General in Council under the last foregoing section shall not
be given until an Inspector has, after inspection of the railway, reported
in writing to the Governor General in Council-- (a)
that he has
made a careful inspection of the railway and rolling-stock; (b)
that the
moving and fixed dimensions prescribed by the Governor General in Council have
not been infringed; (c)
that the
weight of rails, strength of bridges, general structural character of the
works, and the size of and maximum gross load upon the axles of any
rolling-stock are such as have been prescribed by the Governor General in
Council; (d)
that the
railway is, sufficiently supplied with rolling-stock; (e)
that general
rules for the working of the railway when opened for the public carriage of
passengers have been made, sanctioned and published under this Act; and (f)
that, in his
opinion, the railway can be Opened for the public carriage of passengers
without danger to the public using it. (2)
If in the
opinion of the Inspector the railway cannot be so opened without danger to the
public using it, he shall state that opinion together with the grounds therefor
to the Governor General in Council, and the Governor General in Council may
thereupon order the railway administration to postpone the opening of the
railway. (3)
An order
under the last foregoing sub-section must set forth the requirements to be
complied with as a condition precedent to the opening of the railway being
sanctioned, and shall direct the postponement of the opening of the railway
until those requirements have been complied with or the Governor General in
Council is otherwise satisfied that the railway can be opened without danger to
the public using it. (4)
The sanction
given under this section may be either absolute or subject to such conditions
as the Governor General in Council thinks necessary for the safety of the
public. (5)
When
sanction for the opening of a railway is given subject to conditions and the
railway administration fails to fulfil those conditions, the sanction shall be
deemed to be void and the railway shall not be worked or used until the
conditions are fulfilled to the satisfaction of the Governor General in
Council. (1)
The
provisions of sections 17, 18 and 19 with respect to the opening of a railway
shall extend to the Opening of the works mentioned in sub-section (2) when
those works form part of, or are directly connected with, a railway used for
the public carriage of passengers and have been constructed after the
inspection which preceded the first opening of the railway. (2)
The works
referred to in sub-section (1) are additional lines of railway, deviation
lines, stations, junctions and crossings on the level, and any alteration or
re-construction materially affecting the structural character of any work to
which the provisions of sections 17, 18 and 19 apply or are extended by this
section. When an
accident has occurred resulting in a temporary suspension of traffic, and
either the original line and works have been rapidly restored to their original
standard, or a temporary diversion has been laid for the purpose of restoring
communication, the original line and works so restored, or the temporary
diversion, as the case may be, may, in the absence of the Inspector, be opened
for the public carriage of passengers, subject to the following conditions,
namely:-- (a)
that the
railway servant in charge of the works undertaken by reason of the accident has
certified in writing that the opening of the restored line and works, or
of the temporary diversion, will not in his opinion be attended with danger to
the public using the line and works or the diversion; and (b)
that notice
by telegraph of the opening of the line and works or the diversion shall be
sent, as soon as may be, to the Inspector appointed for the railway. The Governor
General in Council may make rules defining the cases in which, and in those
cases the extent to which, the procedure prescribed in sections 17 to 20 (both
inclusive) may be dispensed with. (1)
When, after
inspecting any open railway used for the public carriage of passengers, or any
rolling-stock used thereon, an Inspector is of opinion that the use of the
railway or of any specified rolling-stock will be attended with danger to the
public using it, he shall state that opinion, together with the grounds
therefor, to the Governor General in Council; and the Governor General in
Council may thereupon order that the railway be closed for the public carriage
of passengers, or that the use of the rolling-stock so specified be
discontinued, or that the railway or the rolling-stock so specified be used for
the public carriage of passengers on such conditions only as the Governor
General in Council may consider necessary for the safety of the public. (2)
An order
under sub-section (1) must set forth the grounds on which it is founded. (1)
When a
railway has been closed under the last foregoing section, it shall not be
re-opened for the public carriage of passengers until it has been inspected,
and its re-opening sanctioned, in accordance with the provisions of this Act. (2)
When the
Governor General in Council has ordered under the last foregoing section that
the use of any specified rolling-stock be discontinued, that rolling-stock
shall not be used until an Inspector has reported that it is fit for use and
the Governor General in Council has sanctioned its use. (3)
When the
Governor General in Council has imposed under the last foregoing section any
conditions with respect to the use of any railway or rolling-stock, those
conditions shall be observed until they are withdrawn by the Governor General
in Council. (1)
The Governor
General in Council may, by general or special order, authorise the discharge of
any of his functions under this Chapter by an Inspector, and may cancel any
sanction or order given by an Inspector discharging any such function or attach
thereto any condition which the Governor General in Council might have imposed
if the sanction or order had been given by himself. (2)
A condition
imposed under sub-section (1) shall for all the purposes of this Act have the
same effect as if it were attached to a sanction or order given by the Governor
General in Council. (1)
For the
purposes of this Chapter the Governor General in Council shall, as occasion may
in his opinion require, appoint a commission, styled a Railway Commission (in
this Act referred to as the Commissioners) and consisting of one Law
Commissioner and two Law Commissioners. (2)
The
Commissioners shall sit at such times and in such places as the Governor
General in Council appoints. (3)
The Law
Commissioner shall be such Judge of the High Court having jurisdiction in
reference to European British subjects under the Code of Criminal Procedure,
1882, in the place where the Commissioners are to sit as, in the case of a High
Court established under the Statute. 24 and 25 Victoria, chapter 104, the Chief
Justice or, in the case of the Chief Court of the Punjab, the Senior Judge or,
in the case of the Court of the Recorder of Rangoon, the Chief Commissioner of
Burma may, on the request of the Governor General in Council, assign by writing
under his hand. (4)
The Lay
Commissioners shall be appointed by the Governor General in Council, and one at
least of them shall be of experience in railway business. The
Commissioners shall take cognizance of such cases only as are referred to them
by the Governor General in Council. In any of
the following circumstances, namely:-- (a)
where
complaint is made to the Governor General in Council of anything done or any
omission made by a railway administration in violation or contravention of any
provision of this Chapter; (b)
where any
difference which is under the provisions of any agreement required or
authorised to be referred to arbitration arises between railway
administrations, and the railway administrations apply to the Governor General
in Council to have it referred to the Commissioners; (c)
where any
other difference, being a difference between railway administrations or one to
which a railway administration is a party, arises, and the parties thereto
apply to the Governor General in Council to have it referred to the
Commissioners; the Governor General in Council may, if he thinks fit, refer the ease to
the Commissioners for decision. The three
Commissioners shall attend at the Shearing of any case referred to them for
decision under this Chapter, and the Law Commissioner shall preside at the
hearing. (1)
In hearing
any such case the Commissioners shall have all the powers which may be
exercised in the hearing of an original civil suit by a High Court. (2)
The decision
shall, if the Commissioners differ in opinion, be in accordance with the
opinion of the majority, and the final order in the case shall be by way of
injunction and not otherwise. (3)
At the hearing
the Commissioners may permit any party to appear before them either by himself
or by any legal practitioner entitled to practise in any High Court. (1)
An appeal
shall not lie from any order of the Commissioners upon any question of fact on
which two of the Commissioners are agreed. (2)
Subject to
the provisions of sub-section (1), an appeal shall lie from an order of the
Commissioners-- (a)
where the
Law Commissioner was the Recorder or Additional Recorder of Rangoon, to the
High Court of Judicature at Fort William in Bengal, and (b)
in any other
case, to the High Court of which the Law Commissioner was a member. (3)
Such an
appeal must be presented within six months from the date of the order appealed
from, and shall be heard by a bench of as many Judges, not being fewer
than three, as the High Court may by rule prescribe. (4)
In the
hearing of the appeal the High Court shall, subject to the other provisions of
this Chapter, have all the powers which it has as an Appellate Court under the
Code of Civil Procedure (XIV of (sic)), and may make any order which the
Commissioners could have made. Notwithstanding
any appeal to the High Court from an order of the Commissioners, the order
shall, unless the Commissioners or the majority of them see fit to suspend it,
continue in operation until it is reversed or varied by that Court. (1)
The
Commissioners, in the exercise of their jurisdiction under this Chapter, may,
from time to time, with the general or special sanction of the Governor General
in Council, call in one or more persons of engineering or other technical
knowledge to act as assessors. (2)
There shall
be paid to such persons such remuneration as the Governor General in Council
upon the recommendation of the Commissioners may direct. The Governor
General in Council may make rules regulating proceedings before the
Commissioners and enabling the Commissioners to carry into effect the
provisions of this Chapter, and prescribing fees to be taken in relation to
proceedings before the Commissioners. The costs of
and incidental to any proceedings before the Commissioners or the High Court
under this Chapter shall be in the discretion of the Commissioners or the High
Court, as the case may be, and the payment of costs awarded fey the
Commissioners may be enforced by the Court of which the Law Commissioner as a
Judge as if the payment had been ordered by a decree of a High Court. order of
Railway Commission and High Court. (1)
The Court of
which the Law Commissioner was a Judge may, if it appears on the
application of any person who was a party to the proceedings before the
Commissioners or on appeal before the High Court, or of the representative of
any such person, that an injunction made Under this Chapter by the
Commissioners or by a High Court has not been obeyed by the party enjoined,
order such party to pay a sum not exceeding one thousand rupees for every day
during which the injunction is disobeyed after the date of the order directing
such payment. (2)
The payment
of such sum may be enforced by the Court which made the order as if that Court
had given a decree for the same, and the Court may direct that the whole or any
part of the sum shall be paid to the person making the application under
sub-section (1) or to the Government. A document
purporting to be signed by the Commissioners, or any of them, shall be received
in evidence without proof of the signature, and shall, until the contrary is
proved, be deemed to have been so signed and to have been duly executed or
issued by the Commissioners. The
Commissioners shall, as soon as may be after the disposal of each case referred
to them, submit to the Governor General in Council a special report on the
case, and the Governor General in Council shall cause the report to be
published in such manner as he thinks fit for the information of persons interested
in the subject-matter thereof. Except for
the purpose of the last foregoing section, a Railway Commission shall be deemed
to be dissolved at the close of the last of the sittings of the Commissioners
for the decision of the cases referred to them: Provided
that, on the application of any person who was a party to the proceedings
before the Commissioners, or of the representative of any such person,
the Governor General in Council may, if he thinks fit, in any case in
which the order passed by the Commissioners is not open to appeal, re-appoint
the Commissioners for the purpose of hearing an application for a review of
their decision and of granting the same and re-hearing the case if they think
that the case should be re-heard. Subject to
the foregoing provisions of this Chapter and to any direction of Her Majesty in
Council, an order of the Commissioners shall be final and shall not be
questioned in or restrained by any Court. Except as
provided in this Act, no suit shall be instituted or proceeding taken for
anything done or any omission made by a railway administration in violation or
contravention of any provision of this Chapter or of any order made thereunder
by the Commissioners or by a High Court. Truffle
Facilities. (1)
Every
railway administration shall, according to its powers, afford all reasonable
facilities for the receiving, forwarding and delivering of traffic upon and
from the several railways belonging to or worked by it and for the return of
rolling-stock. (2)
A railway
administration shall not make or give any undue or unreasonable preference or
advantage to or in favour of any particular person or railway administration,
or any particular description of traffic, in any respect whatsoever, or subject
any particular person or railway administration or any particular description
of traffic to any undue or unreasonable prejudice or disadvantage in any
respect whatsoever. (3)
A railway
administration having or working railways which form part of a continuous line
of railway communication, or having its terminus or station within one
mile of the terminus or station of another railway administration, shall afford
all due and reasonable facilities for receiving and forwarding by one of such
railways all the traffic arriving by the other at such terminus or station,
without any unreasonable delay, and without any such preference or advantage or
prejudice or disadvantage as aforesaid, and so that no obstruction may be
offered to the public desirous of using such railways as a continuous line of
communication, and so that all reasonable accommodation may by means of such
railways be at all times afforded to the public in that behalf. (4)
The
facilities to be afforded under this section shall include the due and
reasonable receiving, forwarding and delivering by every railway
administration, at the request of any other railway administration, of through
traffic to and from the railway of any other railway administration at through
rates: Provided as
follows:-- (a)
the railway
administration requiring the traffic to be forwarded shall give written notice
of the proposed through rate to each forwarding railway administration, stating
both its amount and its apportionment and the route by which the traffic is
proposed to be forwarded. The proposed through rate for animals or goods may be
per truck or per maund; (b)
each
forwarding railway administration shall, within the prescribed period after the
receipt of such notice, by written notice inform the railway administration
requiring the traffic to be forwarded whether it agrees to the rate,
apportionment and route, and, if it has any objection, what the grounds of the
objection are; (c)
if at the
expiration of the prescribed period no such objection has been sent by
any forwarding railway administration, the rate shall come into operation
at the expiration of that period; (d)
if an
objection to the rate, apportionment or route has been sent within the
prescribed period, the Governor General in Council may, if he thinks fit, on
the request of any of the railway administrations, refer the case to the
Commissioners for their decision; (e)
if the
objection is to the granting of the rate or to the route, the Commissioners
shall consider whether the granting of the rate is a due and reasonable
facility in the interests of the public, and whether, regard being had to the
circumstances, the route proposed is a reasonable route, and shall allow or refuse
the rate accordingly or fix such other rate as may seem to the Commissioners to
be just and reasonable: (f)
if the
objection is only to the apportionment of the rate, and the case has been
referred to the Commissioners, the rate shall come into operation at the
expiration of the prescribed period, but the decision of the Commissioners as
to its apportionment shall be retrospective: in the case of any other objection
the operation of the rate shall be suspended until the Commissioners make their
order in the case; (g)
the
Commissioners in apportioning the through rate shall take into consideration
all the circumstances of the case, including any special expense incurred in
respect of the construction, maintenance or working of the route or any part of
the route, as well as any special charges which any railway administration is
entitled to make in respect thereof; (h)
the
Commissioners shall not in any case compel any railway administration to accept
lower mileage rates than the mileage rates which the administration may for the
time being legally be charging for like traffic carried by a like mode of
transit on any other line of communication between the same points, being the
points of departure and arrival of the through route; (i)
subject to
the foregoing provisions of this sub-section, the Commissioners shall have full
power to decide that any proposed through rate is due and reasonable,
notwithstanding that a less amount may be allotted to any forwarding railway
administration out of the through rate than the maximum rate which the railway
administration is entitled to charge, and to allow and apportion the through
rate accordingly; (j)
the
prescribed period mentioned in this sub-section shall be one month, or such
longer period as the Governor General in Council may by general or special
order prescribe. (1)
Whenever it
is shown that a railway administration charges one trader or class of traders
or the traders in any local area lower rates for the same or similar animals or
goods, or lower rates for the same or similar services, than it charges to
other traders or classes of traders, or to the traders in another local area,
the burden of proving that such lower charge does not amount to an undue
preference shall lie on the railway administration. (2)
In deciding
whether a lower charge does or does not amount to an undue preference, the
Commissioners may, so far as they think reasonable, in addition to any other
considerations affecting the case, take into consideration whether such lower
charge is necessary for the purpose of securing, in the interests of the
public, the traffic in respect of which it is made. Where a
railway administration is a party to an agreement for procuring the traffic of
the railway to be carried on any inland water by any ferry, ship, boat or raft
which does not belong to or is not hired or worked by the railway
administration, the provisions of the two last foregoing sections applicable to
a railway shall extend to the ferry, ship, boat or raft in so far as it is used
for the purposes of the traffic of the railway. A railway administration
may charge reasonable terminals. (1)
The Governor
General in Council may, if he thinks fit, refer to the Commissioners for
decision any question or dispute which may arise with respect to the terminals
charged by a railway administration, and the Commissioners may thereupon decide
what is a reasonable sum to be paid to the railway administration in respect of
terminals. (2)
In deciding
the question or dispute the Commissioners shall have regard only to the
expenditure reasonably necessary to provide the accommodation in respect of
which the terminals are charged, irrespective of the outlay which may have been
actually incurred by the railway administration in providing that
accommodation. (1)
Every
railway company and, in the case of a railway administered by the Government,
an officer to be appointed by the Governor General in Council in this
behalf, shall make general rules consistent with this Act for the following purposes,
namely:-- (a)
for
regulating the mode in which, and the speed at which, rolling-stock used on the
railway is to be moved or propelled; (b)
for
providing for the accommodation and convenience of passengers and regulating
the carriage of their luggage; (c)
for
declaring what shall be deemed to be, for the purposes of this Act, dangerous
or offensive goods, and for regulating the carriage of such goods; (d)
for
regulating the conditions on which the railway administration will carry
passengers suffering from infectious or contagious disorders, and providing for
the disinfection of carriages which have been used by such passengers; (e)
for
regulating the conduct of the railway servants; (f)
for
regulating the terms and conditions on which the railway administration will warehouse
or retain goods at any station on behalf of the consignee or owner; and, (g)
generally,
for regulating the travelling upon, and the use, working and management of, the
railway. (2)
The rules
may provide that any person committing a breach of any of them shall be
punished with fine which may extend to any sum not exceeding fifty rupees, and
that, in the case of a rule made under clause (e) of sub-section (1), the
railway servant shall forfeit a sum not exceeding one month's pay, which sum
may be deducted by the railway administration from his pay. (3)
A rule made
under this section shall not take effect until it has received the sanction of
the Governor General in Council and been published in the Gazette of
India: Provided
that, where the rule is in the terms of a rule which has already been published
at length in the Gazette of India, a notification in that Gazette referring to
the rule already published and announcing the adoption thereof shall be deemed
a publication of a rule in the Gazette of India within the meaning of this
sub-section. (4)
The Governor
General in Council may cancel any rule made under this section, and the
authority required by sub-section (1) to make rules thereunder may at any time,
with the previous sanction of the Governor General in Council, rescind or vary
any such rule. (5)
Every rule
purporting to have been made for any railway under section 8 of the Indian
Railway Act, 1879, and appearing from the Gazette of India to be intended to
apply to the railway at the commencement of this Act, shall, notwithstanding
any irregularity in the making or publication of the rule, be deemed to have
been made and to have taken effect under this section. (6)
Every
railway administration shall keep at each station on its railway a copy of the
general rules for the time being in force under this section on the railway,
and shall allow any person to inspect it free of charge at all reasonable
times. [STATE AMENDMENTS [Goa [1][In Section 47 (a)
in
sub-section (1), after clause (b), the following clause shall be inserted,
namely:- "(bb) for the cancellation of tickets (whether with reservation of
accommodation or not), the circumstances under which, and the time-limit within
which, such cancellation may be allowed and the charges payable
therefore"; (b)
in sub-section
(2), for the words "fifty rupees", the words "one hundred and
fifty rupees" shall be substituted.]]] Where two or
more railway administrations whose railways have a common terminus or a portion
of the same line of rails in common, or form separate portions of one continued
line of railway communication, are not able to agree upon arrangements for
conducting at such common terminus, or at the point of junction between them,
their joint traffic with safety to the public, the Governor General in Council,
upon the application of either or any of the administrations, may decide the
matters in dispute between them, so far as those matters relate to the safety
of the public, and may determine whether the whole or what proportion of
the expenses attending on such arrangements shall be borne by either or any of
the administrations respectively. Any railway
company, not being a company for which the Statute 42 and 43 Victoria, chapter
41, provides, may from time to time make and carry into effect agreements with
the Governor General in Council for the construction of rolling-stock, plant or
machinery used on, or in connection with, railways, or for leasing or taking on
lease any rolling-stock, plant, machinery or equipments required for use on a
railway, or for the maintenance of rolling-stock. Any railway
company, not being a company for which the Statute 42 and 43 Victoria, chapter
41, provides, may from time to time make with the Governor General in Council,
and carry into effect, or, with the sanction of the Governor General in
Council, make with any other railway administration, and carry into effect, any
agreement with respect to any of the following purposes, namely:-- (a)
the working,
use, management and maintenance of any railway; (b)
the supply
of rolling-stock and machinery necessary for any of the purposes mentioned in
clause (a) and of officers and servants for the conduct of the traffic of the
railway; (c)
the payments
to be made and the conditions to be performed with respect to such working,
use, management and maintenance; (d)
the
interchange, accommodation and conveyance of traffic being on, coming from or
intended for the respective railways of the contracting parties, and the
fixing, collecting, apportionment and appropriation of the revenues arising
from that traffic; (e)
generally,
the giving effect to any such pro-visions or stipulations with respect to any
of the purposes hereinbefore in this section mentioned as the contracting
parties may think fit and mutually agree on: Provided
that the agreement shall not affect any of the rates which the railway
administrations parties thereto are from time to time respectively authorised
to demand and receive from any person, and that every person shall,
notwithstanding the agreement, be entitled to the use and benefit of the railways
of any railway administrations, parties to the agreement, on the same terms and
conditions, and on payment of the same rates, as he would be if the agreement
had not been entered into. Any railway
company, not being a company for which the Statute 42 and 43 Victoria, chapter
41, provides, may from time to time exercise with the sanction of the Governor
General in Council all or any of the following powers, namely:-- (a)
it may establish,
for the accommodation of the traffic of its railway, any ferry equipped with
machinery and plant of good quality and adequate in quantity to work the ferry; (b)
it may work
for purposes other than the accommodation of the traffic of the railway any ferry
established by it under this section; (c)
it may
provide and maintain on any of its bridges roadways for foot-passengers,
cattle, carriages, carts or other traffic; (d)
it may
construct and maintain roads for the accommodation of traffic passing to or
from its railway; (e)
it may
provide and maintain any means of transport which may be required for the
reasonable convenience of passengers, animals or goods carried or to be carried
on its railway; (f)
it may
charge tolls on the traffic using such ferries, roadways, roads or means of
transport as it may provide under this section, according to tariffs to be
arranged from time to time with the sanction of the Governor General in
Council. Every
railway administration shall, in forms to be prescribed by the Governor General
in Council, prepare, half-yearly or at such intervals as the Governor General
in Council may prescribe, such returns of its capital and revenue transactions
and of its traffic as the Governor General in Council may require, and shall
forward a copy of such returns to the Governor General in Council at such times
as he may direct. Carnage of
Property. (1)
Every
railway administration shall determine the maximum load for every wagon or
truck in its possession, and shall exhibit the words or figures representing
the load so determined in a conspicuous manner on the outside of every such
wagon or truck. (2)
Every person
owning a wagon or truck which passes over a railway shall similarly determine and
exhibit the maximum load for the wagon or truck. (3)
The gross
weight of any such wagon or truck bearing on the axles when the wagon or truck
is loaded to such maximum load shall not exceed such limit as may be fixed by
the Governor General in Council for the class of axle under the wagon or truck. (1)
Subject to
the control of the Governor General in Council, a railway administration may
impose conditions, not inconsistent with this Act or with any general rule
thereunder, with respect to the receiving, forwarding or delivering of any
animals or goods. (2)
The railway
administration shall keep at each station on its railway a copy of the
conditions for the time being in force under sub-section (1) at the station,
and shall allow any person to inspect it free of charge at all reasonable
times. (3)
A railway
administration shall not be bound to carry any animal suffering from any
infectious or contagious disorder. (1)
If a person
fails to pay on demand made by or on behalf of a railway administration any
rate, terminal or other charge due from him in respect of any animals or goods,
the railway administration may detain the whole or any of the animals or goods,
or, if they have been removed from the railway, any other animals or goods of
such person then being in or thereafter coming into its possession. (2)
When any
animals or goods have been detained under sub-section (1), the railway
administration may sell by public auction, in the case of perishable goods at
once, and in the case of other goods or of animals on the expiration of at
least fifteen days' notice of the intended auction, published in one or more of
the local newspapers or, where there are no such newspapers, in such manner as
the Governor General in Council may prescribe, sufficient of such animals or
goods to produce a sum equal to the charge, and all expenses of such detention,
notice and sale, including, in the case of animals, the expenses of the
feeding, watering and tending thereof. (3)
Out of the
proceeds of the sale the railway administration may retain a sum equal to the
charge and the expenses aforesaid, rendering the surplus, if any, of the
proceeds, and such of the animals or goods (if any) as remain unsold, to the
person entitled thereto. (4)
If a person
on whom a demand for any rate, terminal or other charge due from him has been
made fails to remove from the railway within a reasonable time any animals
or goods which have been detained under sub-section (1), or any animals or
goods which have remained unsold after a sale under sub-section (2), the
railway administration may sell the whole of them and dispose of the proceeds
of the sale as nearly as may be under the provisions of sub-section (3). (5)
Notwithstanding
anything in the foregoing sub-sections, the railway administration may recover
by suit any such rate, terminal or other charge as aforesaid or balance
thereof. (1)
When any
animals or goods have come into the possession of a railway administration for
carriage or otherwise and are not claimed by the owner or other person
appearing to the railway administration to be entitled thereto, the railway administration
shall, if such owner or person is known, cause a notice to be served upon him,
requiring him to remove the animals or goods. (2)
If such
owner or person is not known, or the notice cannot be served upon him, or he
does not comply with the requisition in the notice, the railway administration
may within a reasonable time, subject to the provisions of any other enactment
for the time being in force, sell the animals or goods as nearly as may be
under the provisions of the last foregoing section, rendering the surplus, if
any, of the proceeds of the sale to any person entitled thereto. Where any
animals, goods or sale-proceeds in the possession of a railway administration
are claimed by two or more persons, or the ticket or receipt given for the
animals or goods is not forthcoming, the railway administration may withhold
delivery of the animals, goods or sale-proceeds until the person entitled in
its opinion to receive them has given an indemnity, to the satisfaction of the
railway administration, against the claims of any other person with respect to
the animals, goods or sale-proceeds. (1)
The owner or
person having charge of any goods which are brought upon a railway for the
purpose of being carried thereon, and the consignee of any goods which have
been carried on a railway, shall, on the request of any railway servant appointed
in this behalf by the railway administration, deliver to such servant an
account in writing signed by such owner or person, or by such consignee, as the
case may be, and containing such a description of the goods as may he
sufficient to determine the rate which the railway administration is entitled
to charge in respect thereof. (2)
If such
owner, person or consignee refuses or neglects to give such an account, and
refuses to open the parcel or package containing the goods in order that their
description may be ascertained, the railway administration may, (a) in respect
of goods which have been brought for the purpose of being carried on the
railway, refuse to carry the goods unless in respect thereof a rate is paid not
exceeding the highest rate which may be in force at the time on the railway for
any class of goods or, (b) in respect of goods which have been carried on the
railway, charge a rate not exceeding such highest rate. (3)
If an
account delivered under sub-section (1) is materially false with respect to the
description of any goods to which it purports to relate, and which have been
carried on the railway, the railway administration may charge in respect of the
carriage of the goods a rate not exceeding double the highest rate which may be
in force at the time on the railway for any class of goods. (4)
If any
difference arises between a railway servant and the owner or person having
charge, or the consignee, of any goods which have been brought to be carried or
have been carried on a railway, respecting the description of goods of which an
account has been delivered under this section, the railway servant may detain
and examine the goods. (5)
If it
appears from the examination that the description of the goods is
different from that stated in an account delivered under sub-section (1), the
person who delivered the account, or, if that person is not the owner of the
goods, then that person and the owner jointly and severally, shall be liable to
pay to the railway administration the cost of the detention and examination of
the goods, and the railway administration shall be exonerated from all
responsibility for any loss which may have been caused by the detention or
examination thereof. (6)
If it
appears that the description of the goods is not different from that stated in
an account delivered under sub-section (1), the railway administration shall
pay the cost of the detention and examination, and be responsible to the owner
of the goods for any such loss as aforesaid. (1)
No person
shall be entitled to take with him, or to require a railway administration to
carry, any dangerous or offensive goods upon a railway. (2)
No person
shall take any such goods with him upon a railway without giving notice of
their nature to the station-master or other railway servant in charge of the
place where he brings the goods upon the railway, or shall tender or deliver
any such goods for carriage upon a railway without distinctly marking their
nature on the outside of the package containing them or otherwise giving notice
in writing of their nature to the railway servant to whom he tenders or
delivers them. (3)
Any railway
servant may refuse to receive such goods for carriage and, when such goods have
been so received without such notice as is mentioned in sub-section (1) haying
to his knowledge been given, may refuse to carry them or may stop their
transit. (4)
If any
railway servant has reason to believe any such goods to be contained in a
package with respect to the contents whereof such notice as is mentioned in
sub-section (2) has not to his knowledge been given, he may cause the
package to be opened for the purpose of ascertaining its contents. (5)
Nothing in
this section shall be construed to derogate from the Indian Explosives Act,
1884 (IV of 1884), or any rule under that Act, and nothing in sub-sections (1),
(3) and (4) shall be construed to apply to any goods tendered or delivered for
carriage by order or on behalf of the Government or to any goods which an
officer, soldier, sailor or police-officer or a person enrolled as a volunteer
under the Indian Volunteers Act, 1869 (XX of 1869), may take with him upon a
railway in the course of his employment or duty as such. At every
station at which a railway administration quotes a rate to any other station
for the carriage of traffic other than passengers and their luggage, the
railway servant appointed by the administration to quote the rate shall, at the
request of any person, show to him at all reasonable times, and without payment
of any fee, the rate-books or other documents in which the rate is authorised
by the administration or administrations concerned. (1)
Where any
charge is made by and paid to a railway administration in respect of the
carriage of goods over its railway, the administration shall, on the
application of the person by whom or on whose behalf the charge has been paid,
render to the applicant an account showing how much of the charge comes under
each of the following heads, namely:-- (a)
the carriage
of the goods on the railway; (b)
terminals; (c)
demurrage;
and (d)
collection,
delivery and other expenses; but without particularising the several items of
which the charge under each head consists. (2)
The
application under sub-section (1) must be in writing and be made to the railway
administration within one month after the date of the payment of the
charge by or on behalf of the applicant, and the account must be rendered by
the administration within two months after the receipt of the application. Carriage of Passengers. The Governor
General in Council may require any railway administration to provide and
maintain in proper order, in any train worked by it which carries passengers,
such efficient means of communication between the passengers and the railway
servants in charge of the train as the Governor General in Council has
approved. Every
railway administration shall fix, subject to the approval of the Governor
General in Council, the maximum number of passengers which may be carried in
each compartment of every description of carriage, and shall exhibit the number
so fixed in a conspicuous manner inside or outside each compartment, in English
or in one or more of the vernacular languages in common use in the territory
traversed by the railway, or both in English and in one or more of such
vernacular languages, as the Governor General in Council, after consultation
with the railway administration, may determine. (1)
On and after
the first day of January, 1891, every railway administration shall in every
train carrying passengers reserve for the exclusive use of females one
compartment at least of the lowest class of carriage forming part of the train. (2)
One such
compartment so reserved shall, if the train is to run for a distance exceeding
fifty miles, be provided with a closet. Every
railway administration shall cause to be posted in a conspicuous and accessible
place at every station on its railway, in English and in a vernacular Language
in common use in the territory where the station is situate, a copy of the
time-tables for the time being in force on the railway, and lists of the
fares chargeable for travelling from the station where the lists are posted to
every place for which card-tickets are ordinarily issued to passengers at that
station. (1)
Every person
desirous of travelling on a railway shall, upon payment of his fare, he
supplied with a ticket, specifying the class of carriage for which, and the
place from and the place to which, the fare has been paid, and the amount of
the fare. (2)
The matters
required by sub-section (1) to be specified on a ticket shall be set forth-- (a)
if the class
of carriage to be specified thereon is the lowest class, then in a vernacular
language in common use in the territory traversed by the railway, and (b)
if the class
of carriage to be so specified is any other than the lowest class, then in
English. (1)
Fares shall
be deemed to be accepted, and tickets to be issued, subject to the condition of
there being room available in the train for which the tickets are issued. (2)
A person to
whom a ticket has been issued and for whom there is not room available in the
train for which the ticket was issued shall on returning the ticket within
three hours after the departure of the train be entitled to have his fare at
once refunded. (3)
A person for
whom there is not room available in the class of carriage for which he has
purchased a ticket and who is obliged to travel in a carriage of a lower class
shall be entitled on delivering up his ticket to a refund of the difference
between the fare paid by him and the fare payable for the class of carriage in
which he travelled. No person
shall, without the permission of a railway servant, enter any carriage on a
railway for the purpose of travelling therein as a passenger unless he has
with him a proper pass or ticket. Every
passenger by railway shall, on the requisition of any railway servant appointed
by the railway administration in this behalf, present his pass or ticket to the
railway servant for examination, and at or near the end of the journey for
which the pass or ticket was issued, or, in the case of a season pass or ticket,
at the expiration of the period for which it is current, deliver up the pass or
ticket to the railway servant. A return
ticket or season ticket shall not he transferable and may be used only by the
person for whose journey to and from the places specified thereon it was
issued. (1)
A railway
administration may refuse to carry, except in accordance with the conditions prescribed
under section 47, sub-section (1), clause (d), a person suffering from any
infectious or contagious disorder. (2)
A person
suffering from such a disorder shall not enter or travel upon a railway without
the special permission of the station-master or other railway servant in charge
of the place where he enters upon the railway. (3)
A railway
servant giving such permission as is mentioned in sub-section (2) must arrange
for the separation of the person suffering from the disorder from other persons
being or travelling upon the railway. (1)
The
responsibility of a railway administration for the loss, destruction or
deterioration of animals or goods delivered to the administration to be
carried by railway shall, subject to the other provisions of this Act, be that
of a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872 (IX of 1872). (2)
An agreement
purporting to limit that responsibility shall, in so far as it purports to
effect such limitation, be void, unless it-- (a)
is in
writing signed by or on behalf of the person sending or delivering to the
railway administration the animals or goods, and (b)
is otherwise
in a form approved by the Governor General in Council. (3)
Nothing in
the common law of England or in the Carriers Act, 1865 (III of 1865), regarding
the responsibility of common carriers with respect to the carriage of animals
or goods, shall affect the responsibility as in this section defined of a
railway administration. (1)
The
responsibility of a railway administration under the last foregoing section for
the loss, destruction or deterioration of animals delivered to the
administration to be carried on a railway shall not in any case exceed, in the
case of elephants or horses, five hundred rupees a head or, in the case of
camels or horned cattle, fifty rupees a head or, in the case of sheep, goats,
dogs or other animals, ten rupees a head, unless the person sending or
delivering them to the administration caused them to be declared, or declared
them, at the time of their delivery for carriage by railway, to be respectively
of higher value than five hundred, fifty or ten rupees a head, as the ease may
be. (2)
Where such
higher value has been declared, the railway administration may charge, in
respect of the increased risk, a percentage upon the excess of the value so
declared over the respective sums aforesaid. (3)
In every
proceeding against a railway administration for the recovery of
compensation for the loss, destruction or deterioration of any animal the
burden of proving the value of the animal and, where the animal has been
injured, the extent of the injury shall lie upon the person claiming the compensation. A railway
administration shall not be responsible for the loss, destruction or
deterioration of any luggage belonging to or in charge of a passenger unless a
railway servant has booked and given a receipt therefor. (1)
When any
articles mentioned in the second schedule are contained in any parcel or
package delivered to a railway administration for carriage by railway, and the
value of such articles in the parcel or package exceeds one hundred rupees, the
railway administration shall not be responsible for the loss, destruction or
deterioration of the parcel or package unless the person sending or delivering
the parcel or package to the administration caused its value and contents to be
declared or declared them at the time of the delivery of the parcel or package
for carriage by railway, and, if so required by the administration, paid or
engaged to pay a percentage on the value so declared by way of compensation for
increased risk. (2)
When any
parcel or package of which the value has been declared under sub-section (1)
has been lost or destroyed or has deteriorated, the compensation recoverable in
respect of such loss, destruction or deterioration shall not exceed the value
so declared, and the burden of proving the value so declared to have been the
true value shall, notwithstanding anything in the declaration, lie on the
person claiming the compensation. (3)
A railway
administration may make it a condition of carrying a parcel declared to contain
any article mentioned in the second schedule that a railway servant authorised
in this behalf has been satisfied by examination or otherwise that the
parcel actually contains the article declared to be therein. In any suit
against a railway administration for compensation for loss, destruction or
deterioration of animals or goods delivered to a railway administration for
carriage by railway, it shall not be necessary for the plaintiff to prove how
the loss, destruction or deterioration was Caused. A person
shall not be entitled to a refund of an overcharge in respect of animals or
goods carried by railway or to compensation for the loss, destruction or
deterioration of animals or goods delivered to be so carried, unless his claim
to the refund or compensation has been preferred in writing by him or on his
behalf to the railway administration within six months from the date of the
delivery of the animals or goods for carriage by railway. Notwithstanding
anything in the foregoing provisions of this Chapter, a railway administration
shall not be responsible for the loss, destruction or deterioration of any
goods with respect to the description of which an account materially false has
been delivered under sub-section (1) of section 58 if the loss, destruction or
deterioration is in any way brought about by the false account, nor in any case
for an amount exceeding the value of the goods if such value were calculated in
accordance with the description contained in the false account. Where an
officer, soldier or follower, while being or travelling as such on duty upon a
railway belonging to, and worked by, the Government, loses his life or receives
any personal injury in such circumstances that if he were not an officer,
soldier or follower being or travelling as such on duty upon the railway
compensation would be payable under Act No. XIII of 1855 or to him, as the case
may be, the form and amount of the compensation to be made in respect of the
loss of his life or his injury shall, where there is any provision in this
behalf in the military regulations to which he was immediately before his
death, or is, subject, be determined in accordance with those regulations, and
not otherwise. Notwithstanding
anything in any agreement purporting to limit the liability of a railway
administration with respect to traffic while on the railway of another
administration, a suit for compensation for loss of the life of, or personal
injury to, a passenger, or for loss, destruction or deterioration of animals or
goods where the passenger was or the animals or goods were booked through over
the railways of two or more railway administrations, may be brought either
against the railway administration from which the passenger obtained his pass
or purchased his ticket, or to which the animals or goods were delivered by the
consignor thereof, as the case may be, or against the railway administration on
whose railway the loss, injury, destruction or deterioration occurred. Where a
railway administration under contract to carry animals or goods by any inland
water procures the same to be carried in a vessel which is not a railway as
defined in this Act, the responsibility of the railway administration for the
loss, destruction or deterioration of the animals or goods during their carriage
in the vessel shall be the same as if the vessel were such a railway. (1)
When a
railway administration contracts to carry passengers, animals or goods partly
by railway and partly by sea, a condition exempting the railway administration
from responsibility for any loss of life, personal injury or loss of or damage
to animals or goods which may happen during the carriage by sea from the act of
God, the King's enemies, fire, accidents from machinery, boilers and steam and
all and every other dangers and accidents of the seas, rivers and navigation of
whatever nature and kind so ever 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 animals or goods which may happen during the
carriage by sea, to the extent to which it would be responsible under the
Merchant Shipping Act, 1854, and the Merchant Shipping Act Amendment Act, 1862,
if the ship were registered under the former of those Acts 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. When any of
the following accidents occurs in the course of working a railway, namely:-- (a)
any accident
attended with loss of human life, or with grievous hurt as defined in the
Indian Penal Code (XLV of), or with serious injury to property; (b)
any collision
between trains of which one is a train carrying passengers; (c)
the
derailment of any train carrying passengers, or of any part of such a train; (d)
any accident
of a description usually attended with loss of human life or with such grievous
hurt as aforesaid or with serious injury to property; (e)
any accident
of any other description which the Governor General in Council may notify in
this behalf in the Gazette of India; (f)
the railway
administration working the railway and, if the accident happens to a train
belonging to any other railway administration, the other railway administration
also shall, without unnecessary delay, send notice of the accident to the Local
Government and to the Inspector appointed for the railway; and the
station-master nearest to the place at which the accident occurred or, where
there is no stationmaster, the railway servant in charge of the section of the
railway on which the accident occurred shall, without unnecessary delay, give
notice of the accident to the Magistrate of the district in which the accident
occurred, and to the officer in charge of the police-station within the local
limits of which it occurred, or to such other Magistrate and police-officer as
the Governor General in Council appoints in this behalf. The Governor
General in Council may make rules, consistent with this Act and any other
enactment for the time being in force, for all or any of the following
purposes, namely:-- (a)
for prescribing
the forms of the notices mentioned in the last foregoing section, and the
particulars of the accident which those notices are to contain; (b)
for
prescribing the class of accidents of which notice is to be sent by telegraph
immediately after the accident has occurred; (c)
for
prescribing the duties of railway servants, police-officers, Inspectors and
Magistrates on the occurrence of an accident. Every
railway administration shall send to the Governor General in Council a return
of accidents occurring upon its railway, whether attended with personal injury
or not, in such form and manner and at such intervals of time as the Governor
General in Council directs. Whenever any
person injured by an accident on a railway claims compensation on account of
the injury, any Court or person having by law or consent of parties
authority to determine the claim may order that the person injured be examined
by some duly qualified medical practitioner named in the order and not being a
witness on either side, and may make such order with respect to the costs of
the examination as it or he thinks fit. Chapter IX - PENALTIES AND OFFENCES Forfeitures
by Railway Companies. If a railway
company fails to comply with any requisition made under section 13, it shall
forfeit to the Government the sum of two hundred rupees for the default and a
further sum of fifty rupees for every day after the first during which the
default continues. If a railway
company moves any rolling-stock upon a railway by steam or other motive power
in contravention of section 16, sub-section (2), or opens or uses any railway
or work in contravention of section 18, section 19, section 20 or section 21,
or reopens any railway or uses any rolling-stock in contravention of section
24, it shall forfeit to the Government the sum of two hundred rupees for every
day during which the motive power, railway, work or rolling-stock is used in
contravention of any of those sections. If a railway
company fails to comply with the provisions of section 47, sub-section (6),
section 54, sub-section (2), or section 65, with respect to the books or other
documents to be kept open to inspection or conspicuously posted at stations on
its railway, it shall forfeit to the Government the sum of fifty rupees for
every day during which the default continues. If a railway
company fails to comply with the provisions of section 47 with respect to the
making of general rules, it shall forfeit to the Government the sum of fifty
rupees for every day during which the default continues. If a railway
company refuses or neglects to comply with any decision of the Governor General
in Council under section 48, it shall forfeit to the Government the sum of two
hundred rupees for every day during which the refusal or neglect continues. If a railway
company fails to comply with the provisions of section 52 or section 85 with
respect to the submission of any return, it shall forfeit to the Government the
sum of fifty rupees for every day during which the default continues after the
fourteenth day from the date prescribed for the submission of the return. If a railway
company contravenes the provisions of section 53 or section 63 with respect to
the maximum load to be carried in any wagon or truck, or the maximum number of
passengers to be carried in any compartment, or the exhibition of such load on
the wagon or truck or of such number in or on the compartment, or knowingly
suffers any person owning a wagon or truck passing over its railway to
contravene the provisions of the former of those sections, it shall forfeit to the
Government the sum of twenty rupees for every day during which either section
is contravened. If a railway
company fails to comply with any requisition of the Governor General in Council
under section 62 for the provision and maintenance in proper order, in any
train worked by it, which carries passengers, of such efficient means of
communication as the Governor General in Council has approved, it shall forfeit
to the Government the sum of twenty rupees for each train run in disregard of
the requisition. If a railway
company fails to comply with the requirements of 1 section 64 with respect to
the reservation of compartments for females or the provision of closets
therein, it shall forfeit to the Government the sum of twenty rupees for every
train in respect of which the default occurs. If a railway
company omits to give such notice of an accident as is required by section 83
and the rules for the time being in force under section 84, it shall forfeit to
the Government the sum of one hundred rupees for every day during which the
omission continues. (1)
When a
railway company has through any act or omission forfeited any sum to the
Government under the foregoing provisions of this Chapter, the sum shall be
recoverable by suit in the District Court having jurisdiction in the' place
where the act or omission or any part thereof occurred. (2)
The suit
must be instituted with the previous sanction of the Governor General in
Council, and the plaintiff therein shall be the Secretary of State for India in
Council. (3)
The Governor
General in Council may remit the whole or any part of any sum forfeited by a
railway company to the Government under the foregoing provisions of this
Chapter. Nothing in
those provisions shall be construed to preclude the Government from resorting
to any other mode of proceeding instead of, or in addition to, such a suit as
is mentioned in the last foregoing section, for the purpose of compelling a
railway company to discharge any obligation imposed upon it by this Act. Offences by
Railway Servants. If a railway
servant whose duty it is to comply with the provisions of section 60
negligently or wilfully omits to comply therewith, he shall be punished
with fine which may extend to twenty rupees. If a railway
servant is in a state of intoxication while on duty, he shall be punished with
fine which may extend to fifty rupees, or, where the improper performance of
the duty would be likely to endanger the safety of any person travelling or
being upon a railway, with imprisonment for a term which may extend to one
year, or with fine, or with both. If a railway
servant, when on duty, endangers the safety of any person-- (a)
by
disobeying any general rule made, sanctioned, published and notified under this
Act, or (b)
by
disobeying any rule or order which is not inconsistent with any such general
rule, and which such servant was bound by the terms of his employment to obey,
and of which he had notice, or (c)
by any rash
or negligent act or omission, he shall be punished with imprisonment for a term
which may extend to two years, or with fine which may extend to five hundred
rupees, or with both. If a railway
servant compels or attempts to compel, or causes, any passenger to enter a
compartment which already contains the maximum number of passengers exhibited
therein or thereon under section 63, he shall be punished with fine which may
extend to twenty rupees. If a
station-master or a railway servant in charge of a section of a railway omits
to give such notice of an accident as is required by section 83 and the rules
for the time being in force under section 84, he shall be punished with fine
which may extend to fifty rupees. If a railway
servant unnecessarily-- (a)
allows any
rolling-stock to stand across a place where the railway crosses a public road
on the level, or (b)
keeps a
level-crossing closed against the public, he shall be punished with fine which
may extend to twenty rupees. If any
return which is required by this Act is false in any particular to the
knowledge of any person who signs it, that person shall be punished with fine
which may extend to five hundred rupees, or with imprisonment which may extend
to one year, or with both. Other
Offences. If a person
requested under section 58 to give an account with respect to any goods gives
an account which is materially false, he and, if he is not the owner of the
goods, the owner also shall be punished with fine which may extend to ten
rupees for every maund or part of a maund of the goods, and the fine shall be
in addition to any rate or other charge to which the goods may be liable. If in
contravention of section 59 a person takes with him any dangerous or offensive
goods upon a railway, or tenders or delivers any such goods for carriage upon a
railway, he shall be punished with fine which may extend to five hundred
rupees, and shall also be responsible for any loss, injury or damage which may
be caused by reason of such goods having been so brought upon the railway. If a
passenger, without reasonable and sufficient cause, makes use of or interferes
with any means provided by a railway administration for communication between
passengers and the railway servants in charge of a train, he shall be punished
with fine which may extend to fifty rupees. [STATE AMENDMENTS [Goa [2][In Section 108 The following proviso shall be inserted at the end, namely:- "Provided that in the absence of special and adequate reasons to
the contrary to be mentioned in the judgment of the court, where a passenger, without
reasonable and sufficient cause, makes use of the alarm chain provided by a
railway administration, he shall be punished- (a)
in the case
of conviction for the first offence, with fine which shall not be less than
twenty-five rupees; and (b)
in the case of
conviction for the second or subsequent offence, with imprisonment for a term
which shall not be less than one month.".]]] (1)
If a
passenger, haying entered a compartment which is reserved by a railway
administration for the use of another passenger, or which already contains the
maximum number of passengers exhibited therein or thereon under section 63,
refuses to leave it when required to do so by any railway servant, he shall be
punished with fine which may extend to twenty rupees. (2)
If a
passenger resists the lawful entry of another passenger into a compartment not
reserved by the railway administration for the use of the passenger resisting
or not already containing the maximum number of passengers exhibited therein or
thereon under section 63, he shall be punished with fine which may extend to
twenty rupees. (1)
If a person,
without the consent of his fellow-passengers, if any, in the same compartment,
smokes in any compartment except a compartment specially provided for the
purpose, he shall be punished with fine which may extend to twenty rupees. (2)
If any
person persists in so smoking after being warned by any railway servant to desist,
he may, in addition to incurring the liability mentioned in subsection (1), be
removed by any railway servant from the carriage in which he is travelling. If a person,
without authority in this behalf, pulls down or wilfully injures any board or
document set up or posted by order of a railway administration on a railway or
any rolling-stock, or obliterates or alters any of the letters or figures upon
any such board or document, he shall be punished with fine which may extend to
fifty rupees. If a person,
with intent to defraud a railway administration,-- (a)
enters in
contravention of section 68 any carriage on a railway, or (b)
uses or
attempts to use a single pass or single ticket which has already been used on a
previous journey or, in the case of a return ticket, a half thereof which has
already been so used, he shall he punished with fine which may extend to one
hundred rupees in addition to the amount of the single fare for any distance
which he may have travelled. (1)
If a
passenger travels in a train without having a proper pass or a proper ticket
with him, or, being in or having alighted from a train, fails or refuses to
present for examination or to deliver up his pass or ticket immediately on
requisition being made therefor under section 69, he shall be liable to pay, on
the demand of any railway servant appointed by the railway administration in
this behalf, the excess charge hereinafter in this section mentioned, in
addition to the ordinary single fare for the distance which he has travelled
or, where there is any doubt as to the station from which he started, the
ordinary single fare from the station from which the train originally started,
or, if the tickets of passengers travelling in the train have been examined
since the original starting of the train, the ordinary single fare from the
place where the tickets were examined or, in case of their having been examined
more than once, were last examined. (2)
If a
passenger travels or attempts to travel in or on a carriage, or by a train, of
a higher class than that for which he has obtained a pass or purchased a
ticket, or travels in or on a carriage beyond the place authorised by his pass
or ticket, he shall be liable to pay, on the demand of any railway servant
appointed by the railway administration in this behalf, the excess charge
hereinafter in this section mentioned, in addition to any difference between
any fare paid by him and the fare payable in respect of such journey as he has
made. (3)
The excess
charge referred to in sub-section (1) and sub-section (2) shall,-- (a)
where the
passenger has immediately after incurring the charge and before being detected
by a railway servant notified to the railway servant on duty with the train the
fact of the charge having been incurred, be one rupee, two annas or eight
annas, and (b)
in any other
case, be six rupees, one rupee or three rupees,according as the passenger is
travelling or has travelled or has attempted to travel in a carriage of the
highest class or in a carriage of the lowest class or in a carriage of any
other class or kind: Provided
that such excess charge shall in no case exceed,-- (a)
where the
liability to pay it arises under sub-section (1), the amount of the ordinary
single fare which the passenger incurring the charge is liable to pay under
that sub-section, or (b)
where such
liability arises under sub-section (2), the amount of the difference between
the fare paid by the passenger incurring the charge and the fare payable in
respect of such journey as he has made. (4)
If a
passenger liable to pay the excess charge and fare mentioned in sub-section
(1), or the excess charge and any difference of fare mentioned in sub-section
(2), fails or refuses to pay the same on demand being made therefor under one
or other of those sub-sections, as the case may be, the sum payable by him
shall, on application made to any Magistrate by any railway servant appointed
by the railway administration in this behalf, be recovered by the Magistrate
from the passenger as if it were a fine imposed on the passenger by the
Magistrate and shall, as it is recovered, be paid to the railway
administration. If a person
sells or attempts to sell, or parts or attempts to part with the possession of,
the return half of a return ticket in order to enable any other person to
travel therewith, or purchases such half of a return ticket, he shall be
punished with fine which may extend to fifty rupees, and, if the purchaser of
such half of a return ticket travels or attempts to travel therewith, he shall
be punished with an additional fine which may extend to the amount of the
single fare for the return journey authorised by the ticket. That portion
of any fine imposed under section 112 or the last foregoing section which
represents the single fare therein mentioned shall, as the fine is recovered,
be paid to the railway administration before any portion of the fine is
credited to the Government. If a
passenger wilfully alters or defaces his pass or ticket so as to render the
date, number or any material portion thereof illegible, he shall be punished
with fine which may extend to fifty rupees. (1)
If a person
suffering from an infectious or contagious disorder enters or travels upon a
railway in contravention of section 71, sub-section (2), he, and any person
having charge of him upon the railway when he so entered or travelled thereon,
shall be punished with fine which may extend to twenty rupees, in addition to
the forfeiture of any fare which either of them may have paid, and of any pass
or ticket which either of them may have obtained or purchased, and may be
removed from the railway by any railway servant. (2)
If any such
railway servant as is referred to in section 71, sub-section (2), knowing that
a person is suffering from any infectious or contagious disorder, wilfully
permits the person to travel upon a railway without arranging for his
separation from other passengers, he shall be punished with fine which may
extend to one hundred rupees. (1)
If, a
passenger enters or leaves, or attempts to enter or leave, any carriage while
the train is in motion, or elsewhere than at the side of the carriage adjoining
the platform or other place appointed by the railway administration for
passengers to enter or leave the carriage, or opens the side-door of any
carriage while the train is in motion, he shall be punished with fine which may
extend to twenty rupees. (2)
If a
passenger, after being warned by a railway servant to desist, persists in
travelling on the roof, steps or footboard of any carriage or on an engine, or
in any other part of a train not intended for the use of passengers, he shall
be punished with fine which may extend to fifty rupees and may be removed from
the railway by any railway servant. [STATE AMENDMENTS [Goa [3][In Section 118 (a)
in
sub-section (1), for the words "with fine which may extend to twenty
rupees", the words "with imprisonment for a term which may extend to
one month, or with fine which may extend to fifty rupees, or with both"
shall be substituted; (b)
in
sub-section (2), for the words "with fine which may extend to fifty
rupees", the words "with imprisonment for a term which may extend to
three months, or with fine which may extend to one hundred and fifty rupees, or
with both" shall be substituted.]]] If a male
person, knowing a carriage, compartment, room or other place to be reserved by
a railway administration for the exclusive use of females, enters the place
without lawful excuse, or, having entered it, remains therein after having been
desired by any railway servant to leave it, he shall be punished with fine
which may extend to one hundred rupees, in addition to the forfeiture of any
fare which he may have paid and of any pass or ticket which he may have
obtained or purchased, and may be removed from the railway by any railway
servant. If a person
in any railway carriage or upon any part of a railway-- (a)
is in a
state of intoxication, or (b)
commits any
nuisance or act of indecency, or uses obscene or abusive language, or (c)
wilfully and
without lawful excuse interferes with the comfort of any passenger or
extinguishes any lamp, he shall be punished with fine which may extend to fifty
rupees, in addition to the forfeiture of any fare which he may have paid and of
any pass or ticket which he may have obtained or purchased, and may be removed
from the railway by any railway servant. [STATE AMENDMENTS [Goa [4][After Section 120 (a)
in sub-section
(1), the following proviso shall be inserted at the end, namely:- "Provided that in the absence of special and adequate reasons to
the contrary to be mentioned in the judgment of the court, such fine shall be
not less than fifty rupees."; (b)
after
sub-section (1), the following sub-section shall be inserted, namely:- "(1A) If any person convicted of an offence under sub-section (1)
commits a like offence afterwards, he shall be punished with imprisonment for a
term which may extend to six months, or with fine which may extend to two
hundred and fifty rupees, or with both."; (c)
in
sub-section (2), after the word, brackets and figure "sub-section
(I)", the words, brackets, figure and letter "or sub-section
(1A)" shall be inserted.]]] If a person
wilfully obstructs or impedes any railway servant in the discharge of his duty,
he shall be punished with fine which may extend to one hundred rupees. (1)
If a person
unlawfully enters upon a railway, he shall be punished with fine which may
extend to twenty rupees. (2)
If a person
so entering refuses to leave the railway on being requested to do so by any
railway servant, or by any other person on behalf of the railway
administration, he shall be punished with fine which may extend to fifty
rupees, and may be removed from the railway by such servant or other person. [STATE AMENDMENTS [Goa [5][In Section 122 (a)
in
sub-section (1), for the words "with fine which may extend to twenty
rupees", the words "with imprisonment for a term which may extend to
one month, or with fine which may extend to fifty rupees, or with both"
shall be substituted; (b)
in
sub-section (2), for the words "with fine which may extend to fifty
rupees", the words "with imprisonment for a term which may extend to
three months, or with fine which may extend to one hundred and fifty rupees, or
with both" shall be substituted.]]] If a driver
or conductor of a tramcar, omnibus, carriage or other vehicle while upon the
premises of a railway disobeys the reasonable directions of any railway servant
or police-officer, he shall be punished with fine which may extend to twenty
rupees. In either of
the following cases, namely:-- (a)
if a person
knowing or having reason to believe that an engine or train is approaching
along a railway, opens any gate set up on either side of the railway across a
road, or passes or attempts to pass, or drives or takes, or attempts to drive
or take, any animal, vehicle or other thing across the railway, (b)
if, in the
absence of a gatekeeper, a person omits to shut and fasten such a gate as
aforesaid as soon as he and any animal, vehicle or other thing under his charge
have passed through the gate, the person shall be punished with fine which may
extend to fifty rupees. (1)
The owner or
person in charge of any cattle straying on a railway provided with fences
Suitable for the exclusion of cattle shall be punished with fine which may
extend to five rupees for each head of cattle, in addition to any amount which
may have been recovered or may be recoverable under the Cattle-trespass Act,
1871 (I of 1871). (2)
If any
cattle are wilfully driven, or knowingly permitted to be, on any railway
otherwise than for the purpose of lawfully crossing the railway or for any
other lawful purpose, the person in charge of the cattle or, at the option of
the railway administration, the owner of the cattle shall be punished with fine
which may extend to ten rupees for each head of cattle, in addition to any
amount which may have been recovered or may be recoverable under the
Cattle-trespass Act, 1871. (3)
Any fine
imposed under this section may, if the Court so directs, be recovered in manner
provided by section 25 of the Cattle-trespass Act, 1871. (4)
The
expression "public road" in sections 11 and 26 of the Cattle-trespass Act, 1871, shall be deemed to include a
railway, and any railway servant may exercise the powers conferred on officers
of police by the former of those sections. (5)
The word
"cattle" has the same meaning in this section as in the
Cattle-trespass Act, 1871. If a person
unlawfully-- (a)
puts or throws
upon or across any railway any wood, stone or other matter or thing, or (b)
takes up,
removes, loosens or displaces any rail, sleeper or other matter or thing
belonging to any railway, or (c)
turns,
moves, unlocks or diverts any points or other machinery belonging to any
railway, or (d)
makes or
shows, or hides or removes, any signal or light upon or near to any railway, or (e)
does or
causes to be done or attempts to do any other act or thing in relation to any
railway, with intent, or with knowledge that he is likely, to endanger the
safety of any person travelling or being upon the railway, he shall be punished
with transportation for life or with imprisonment for a term which may extend
to ten years. [STATE AMENDMENTS [Goa [6][In Section 126 (a)
in
sub-section (1) as so re-numbered, for the words "If a person
unlawfully-", the words, brackets and figure "Subject to the
provisions of sub-section (2), if a person unlawfully-" shall be
substituted; (b)
after
sub-section (2) as so renumbered, the following sub-section shall be inserted,
namely:- "(2) If a person unlawfully does any act or thing referred to in
clause (a) or clause (b) or clause (c) or clause (d) or clause (e) of
sub-section (1),- (i)
with intent
to cause the death of any person and the doing of such act or thing causes the
death of any person; or (ii)
with
knowledge that such act or thing is so imminently dangerous that it must in all
probability cause the death of any person or such bodily injury to any person
as is likely to cause the death of such person, he shall be punished with death
or imprisonment for life.".] [STATE AMENDMENTS [Goa [7][After Section 126 The following section hall be inserted, namely:- "126A. Damage to, or destruction of, certain railway properties.- (1)
Whoever,
with intent to cause or knowing that he is likely to cause damage or
destruction to any of the properties of a railway referred to in sub-section
(2) causes by fire, explosive substance or otherwise, damage to such property
to the amount of one hundred rupees or upwards, or destruction of such
property, shall be punished with imprisonment for a term which may extend to
ten years. (2)
The
properties of a railway referred to in sub-section (1) are railway track,
bridges, station buildings and installations, carriages or wagons, locomotives,
signaling, telecommunication, electric traction and block equipments and such
other properties as the Central Government, being of opinion that damage
thereto or destruction thereof is likely to endanger the operation of a
railway, may, by notification in the Official Gazette, specify. (3)
Every
notification issued under sub-section (2) shall be laid before each House of
Parliament immediately after it is made if it is in session and on the first
day of the commencement of the next session of the House if it is not in
session, and shall cease to operate at the expiration of forty days from the
date of its being so laid or from the reassembly of Parliament, as the case may
be, unless before the expiration of that period a resolution approving the
issue of the notification is passed by both Houses of Parliament. Explanation.-Where the Houses of Parliament are summoned to re-assemble
on different dates, the period of forty days shall be reckoned from the later
of those dates.".]]] If a person
unlawfully throws or causes to fall or strike at, against, into or upon any
rolling-stock forming part of a train any wood, stone or other matter or thing
with intent, or with knowledge that he is likely, to endanger the safety of any
person being in or upon such rolling-stock or in or upon any other
rolling-stock forming part of the same train, he shall be punished with
transportation for life or with imprisonment for a term which may extend to ten
years. If a person,
by any unlawful act or by any wilful omission or neglect, endangers or causes
to be endangered the safety of any person travelling or being upon any railway,
or obstructs or causes to be obstructed or attempts to obstruct any
rolling-stock upon any railway, he shall be punished with imprisonment for a
term which may extend to two years. If a person
rashly or negligently does any act, or omits to do what he is legally bound to
do, and the act or omission is likely to endanger the safety of any person
travelling or being upon a railway, he shall be punished with imprisonment for
a term which may extend to one year, or with fine, or with both. (1)
If a minor
under the age of twelve years is with respect to any railway guilty of any of
the acts or omissions mentioned or referred to in any of the four last
foregoing sections, he shall be deemed, notwithstanding anything in section 82 or section 83 of the Indian Penal Code (XLV of 1860), to have committed an
offence, and the Court convicting him may, if it thinks fit, direct that
the minor, if a male, shall be punished with whipping, or may require the
father or guardian of the minor to execute, within such time as the Court may
fix, a bond binding himself, in such penalty as the Court directs, to prevent
the minor from being again guilty of any of those acts or omissions. (2)
The amount
of the bond, if forfeited, shall be recoverable by the Court as if it were a
fine imposed by itself. (3)
If a father
or guardian fails to execute a bond under sub-section (1) within the time fixed
by the Court, he shall be punished with fine which may extend to fifty rupees. Procedure. (1)
If a person
commits any offence mentioned in section 100, 101, 119, 120, 121, 128, 127, 128
or 129 or in section 130, sub-section (1), he may be arrested without warrant
or other written authority by any railway servant or police-officer, or by any
other person whom such servant or officer may call to his aid. (2)
A person so
arrested shall, with the least possible delay, be taken before a Magistrate
having authority to try him or commit him for trial. [STATE AMENDMENTS [Goa [8][In Section 131 In sub-section (1), after the figures "126,", the figures and
letter "126A," shall be inserted. (1)
If a person
commits any offence under this Act other than an offence mentioned in the last
foregoing section, or fails or refuses to pay any excess charge or other sum
demanded under section 113, and there is reason to believe that he will
abscond, or his name and address are unknown, and he refuses on demand to give
his name and address, or there is reason to believe that the name or address
given by him is incorrect, any railway servant or police-officer, or any other
person whom such railway servant or police-officer may call to his aid, may,
without warrant or other written authority, arrest him. (2)
The person
arrested shall be released on his giving bail, or, if his true name and
address are ascertained, on his executing a bond without sureties, for his appearance
before a Magistrate when required. (3)
If the
person cannot give bail and his true name and address are not ascertained, he
shall with the least possible delay be taken before the nearest Magistrate
having jurisdiction. (4)
The
provisions of Chapters XXXIX and XLII of the Code of Criminal Procedure, 1882
(X of 188), shall, so far as may be, apply to bail given and bonds executed
under this section. No
Magistrate other than a Presidency Magistrate or than a Magistrate whose powers
are not less than those of a Magistrate of the second class shall try any
offence under this Act. (1)
Any person
committing any offence against this Act or any rule thereunder shall be triable
for such offence in any place in which he may be or which the Local Government
may notify in this behalf, as well as in any other place in which he might be
tried under any law for the time being in force. (2)
Every
notification under sub-section (1) shall be published in the local official
Gazette, and a copy thereof shall be exhibited for the information of the
public in some conspicuous place at each of such railway stations as the Local
Government may direct. Notwithstanding
anything to the contrary in any enactment, or in any agreement or award based
on any enactment, the following rules shall regulate the levy of taxes in
respect of railways and from railway administrations in aid of the funds
of local authorities, namely:-- (1)
A railway
administration shall not be liable to pay any tax in aid of the funds of any
local authority unless the Governor General in Council has, by notification in
the official Gazette, declared the railway administration to be liable to pay
the tax. (2)
While a
notification of the Governor General in Council under clause (1) of this
section is in force, the railway administration shall be liable to pay to the
local authority either the tax mentioned in the notification or, in lieu thereof,
such sum, if any, as an officer appointed in this behalf by the Governor
General in Council may, having regard to all the circumstances of the case,
from time to time determine to be fair and reasonable. (3)
The Governor
General in Council may at any time revoke or vary a notification under clause
(1) of this section. (4)
Nothing in
this section is to be construed as debarring any railway administration from
entering into a contract with any local authority for the supply of water or
light, or for the scavenging of railway premises, or for any other service
which the local authority may be rendering or be prepared to render within any
part of the local area under its control. (5)
"Local
authority" in this section means a local authority as defined in the
General Clauses Act, 1887, and includes any authority legally entitled to or
entrusted with the control or management of any fund for the maintenance of
watchmen or for the conservancy of a river. (1)
None of the
rolling-stock, machinery, plant, tools, fittings, materials or effects used or
provided by a railway administration for the purpose of the traffic on its
railway, or of its stations or workshops, shall be liable to be taken in
execution of any decree or order of any Court without the previous
sanction of the Governor General in Council. (2)
Nothing in
sub-section (1) is to be construed as affecting the authority of any Court to
attach the earnings of a railway in execution of a decree or order. (1)
Every
railway servant shall be deemed to be a public servant for the purposes of
Chapter IX of the Indian Penal Code (XLV of 1960). (2)
In the
definition of "legal remuneration" in section 161 of that Code the word "Government" shall, for the
purposes of sub-section (1), be deemed to include any employer of a railway
servant as such. (3)
A railway
servant shall not-- (a)
purchase or
bid for, either in person or by agent, in his own name or in that of another,
or jointly or in shares with others, any property put up to auction under
section 55 or section 56, or, (b)
in
contravention of any direction of the railway administration in this behalf,
engage in trade. (4)
Notwithstanding
anything in section 21 of the Indian Penal Code, a railway servant shall not be deemed to
be a public servant for any of the purposes of that Code except those mentioned
in sub-section (1). If a railway
servant is discharged or suspended from his office, or dies, absconds or
absents himself, and he or his wife or widow, or any of his family or
representatives, 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, dwelling-house, office or
other building with its appurtenances, or any books, papers 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 a foresaid,
any 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 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 a person
appointed by the railway administration in that behalf. Any notice,
determination, direction, requisition, appointment, expression of opinion,
approval or sanction to be given or signified on the part of the Governor
General in Council, for any of the purposes of, or in relation to, this Act, or
any of the powers or provisions therein contained, shall be sufficient and
binding if in writing signed by a Secretary, Deputy Secretary, Under-Secretary
or Assistant Secretary to the Government of India, or by any other officer or
servant authorised to act on behalf of the Governor General in Council in
respect of the matters to which the same may relate, and the Governor General
in Council shall not in any case be bound in respect of any of the matters
aforesaid unless by some writing signed in manner aforesaid. Any notice
or other document required or authorised by this Act to be served on a railway
administration may be served, in the case of a railway administered by the
Government or a Native State, on the Manager and, in the case of a railway
administered by a railway company, on the Agent in India of the railway
company-- (a)
by
delivering the notice or other document to the Manager or Agent, or (b)
by leaving
it at his office, or (c)
by
forwarding it by post in a prepaid letter addressed to the Manager or Agent at
his office and registered under Fart III of the Indian Post Office Act, 1866
(XIV of 1866). Any notice
or other document required or authorised by this Act to be served on any person
by a railway administration may be served-- (a)
by
delivering it to the person, or (b)
by leaving
it at the usual or last known place of abode of the person, or (c)
by forwarding
it by post in a prepaid letter addressed to the person at his usual or last
known place of abode and registered under Part III of the Indian Post Office
Act, 1866. Where a
notice or other document is served by post, it shall be deemed to have been
served at the time when the letter containing it would be delivered in the
ordinary course of post, and in proving such service it shall be sufficient to
prove that the letter containing the notice or other document was properly
addressed and registered. (1)
A rule under
section 22, section 34 or section 84, or the cancellation, rescission or
variation of a rule under any of those sections or under section 47,
sub-section (4), shall not take effect until it has been published in the
Gazette of India. (2)
Where any
rule made under this Act, or the cancellation, rescission or variation of any
such rule, is required by this Act to be published in the Gazette of India, it
shall, besides being so published, be further notified to persons affected
thereby in such manner as the Governor General in Council, by general or
special order, directs. (3)
The Governor
General in Council may cancel or vary any rule made by him under this Act. (1)
The Governor
General in Council may, by notification in the Gazette of India, invest,
absolutely or subject to conditions, any Local Government with any of the
powers or functions of the Governor General in Council under this Act with
respect to any railway, and may, by that or a like notification, declare
what Local Government shall, for the purposes of the exercise of powers or
functions so conferred, be deemed to be the Local Government in respect of the
railway. (2)
The
provisions of section 139 with respect to proceedings of the Governor General
in Council shall, so far as they can be made applicable, apply to proceedings
of a Local Government exercising the powers or discharging the functions of the
Governor General in Council in pursuance of a notification under sub-section
(1). (1)
The Manager
of a railway administered by the Government or a Native State, and the Agent in
India of a railway administered by a railway company, may, by instrument in
writing, authorise any railway servant or other person to act for or represent
him in any proceeding before any Civil, Criminal or other Court. (2)
A person
authorised by a Manager or Agent to conduct prosecutions on behalf of a railway
administration shall, notwithstanding anything in section 495 of the Code of
Criminal Procedure, 1882 (X of 1882), be entitled to conduct such prosecutions
without the permission of the Magistrate. The Governor
General in Council may, by notification in the Gazette of India, extend this
Act or any portion thereof to any tramway worked by steam or other mechanical
power. The Governor
General in Council may, by a like notification, exempt any railway from any of
the provisions of this Act. (1)
For the purposes
of section 3, clauses (5), (6) and (7), and sections 4 to 19 (both inclusive),
47 to 52 (both inclusive), 59, 79, 83 to 92 (both inclusive), 96, 97, 98, 100,
101, 103, 104, 107, 111, 122, 124 to 132 (both inclusive), 134 to 138
(both inclusive), 140, 141, 144, 145 and 147, the word
"railway", whether it occurs alone or as a prefix to another word,
has reference to a railway or portion of a railway under construction and to a
railway or portion of a railway not used for the public carriage of passengers,
animals or goods as well as to a railway falling within the definition of that
word in section 3, clause (4). (2)
For the
purposes of sections 5, 21, 83, 100, 101, 103, 104, 121, 122, 125 and 137,
sub-sections (1), (2) and (4), and section 138, the expression "railway
servant" includes a person employed upon a railway in connection with the
service thereof by a person fulfilling a contract with the railway
administration. In sections
194 and 195 of the Indian Penal Code (XLV of 1860), for the words "by
this Code or the law of England" the words "by the law of British
India or England" shall be substituted. For that
portion of the preamble to the Sindh-Pishin Railway Act, 1887 (XI of 1887),
which begins with the words "so far as it applies" and ends with the
words "in its entirety", the words "should apply in its entirety
to that part of the Sindh-Pishin section of the North-Western Railway which
lies beyond the Province of Sindh" shall be substituted. THE FIRST SCHEDULE. ENACTMENTS REPEALED (See section 2.) Number and
year. Title. Extent of
repeal. Acts of
the Governor General in Council. III of
1865 Carriers
Act, 1865 Section 7 (so far as it relates to railways)
and section 10. IV of 1879 Indian
Railway Act, 1879 The whole. IV of 1883 Indian
Railway Act, 1883 The whole. XI of 1886 Indian
Tramways Act, 1886 XX of 1886 Upper
Burma Laws Act, 1886 So much as
relates to Acts IV of 1879 and IV of 1883. Act of the
Lieutenant-Governor of Bengal in Council. II of 1882 Bengal
Embankment Act, 1882 Section
16, and in section 17 the proviso to the first paragraph of that section, the
words "or under the section last preceding" and the words "or
railroad" wherever they occur. THE SECOND SCHEDULE. ARTICLES TO BE DECLARED AND INSURED (See section 75.) (a)
gold and
silver, coined or uncoined, manufactured or unmanufactured; (b)
plated
articles; (c)
cloths and
tissue and lace of which gold or silver forms part, not being the uniform or
part of the uniform of an officer, soldier, sailor, police-officer or person
enrolled as a volunteer under the Indian Volunteers Act, 1869 (XX of 18), or of
any public officer, British or foreign, entitled to wear uniform; (d)
pearls,
precious stones, jewellery and trinkets; (e)
watches,
clocks and timepieces of any description; (f)
Government
securities; (g)
Government
stamps; (h)
bills of
exchange, hundis, promissory-notes, bank-notes, and orders or other securities
for payment of money; (i)
maps,
writings and title-deeds; (j)
paintings,
engravings, lithographs, photographs, carvings, sculpture and other works of
art; (k)
art pottery
and all articles made of glass, china or marble; (l)
silks in a
manufactured or unmanufactured state, and whether Wrought up or not wrought up
with other materials; (m)
shawls; (n)
lace and
furs; (o)
opium; (p)
ivory,
ebony, coral and sandalwood; (q)
musk,
sandalwood-oil and other essential oils used in the preparation of it or other
perfume; (r)
musical and
scientific instruments; (s) any article of special value which the Governor General in Council may,
by notification in the Gazette of India, add to this schedule. [1] Clause
(bb) of Sub-section (1) shall be Inserted and sub-section (2) shall be
Substituted by Indian Railways (Amendment) Act, 1973(Goa). [2] Inserted
by Indian Railways (Amendment) Act, 1973(Goa). [3] Substituted
by Indian Railways (Amendment) Act, 1973(Goa). [4] Inserted
by Indian Railways (Amendment) Act, 1973(Goa). [5] Substituted
by Indian Railways (Amendment) Act, 1973(Goa). [6] Sub-section
( 1) shall be Substituted and Sub-section (2) shall be Inserted by Indian
Railways (Amendment) Act, 1973(Goa). [7] Inserted
by Indian Railways (Amendment) Act, 1973(Goa). [8] Inserted
by Indian Railways (Amendment) Act, 1973(Goa).INDIAN RAILWAYS
ACT, 1890 [REPEALED]
[Act No. 0 9 of 1890]PREAMBLE