Railways Act, 1989

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Railways Act, 1989
Emblem of India.svg
Parliament of India
  • An Act to consolidate and amend the law relating to Railways.
Enacted by Parliament of India
Enacted3 June 1989
Effective 1 July 1990
Repeals
The Indian Railways Act, 1890 (9 of 1890)
Status: In force

The Railways Act, 1989 is an Act of the Parliament of India which regulates all aspects of rail transport. The Act came into force in 1989, replacing the Railways Act of 1890. The Act provides in detail the legislative provisions regarding railway zones, construction and maintenance of works, passenger and employee services.

Contents

Definitions

Some of the definitions from the act are given below:

Powers

Executing necessary works

According to this act, a railway administration may make or construct in or upon, across, under, or over any lands, or any streets, hills, valleys, roads, railway, tramways, or any rivers, canals, brooks, streams, or other waters, or any drains, water-pipes, gas-pipes, oil-pipes, sewers. electric supply lines, or telegraph lines such, temporary or permanent inclined-planes, bridges, tunnels, culverts, embankments, aqueducts, roads, lines of rails, ways, passages, conduits, drains, piers, cuttings and fences, in-take wells, tube wells, dams, river training and protection works as it thinks proper; alter the course of any rivers, brooks, streams or other water courses, for the purpose of constructing and maintaining tunnels, bridges, passages or other works over or under them and divert or alter either temporarily or permanently, the course of any rivers, brooks, streams or other water courses or any roads, streets or ways, or raise or sink the level thereof, in order to carry them more conveniently over or under, or by the side of the railway, make drains or conduits into, through or under any lands adjoining the railway for the purpose of conveying water from or to the railway; 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, alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them and substitute others in their stead; erect operate, maintain or repair any telegraph and telephone lines in connection with the working of the railway, erect operate, maintain or repair any electric traction equipment, power supply and distribution installation in connection with the working of the railway; and do all other acts necessary for making, maintaining, altering or repairing and using the railway [1]

Scheduling

Pricing and rates

As per the act, the Central Government may, from time to time, by general or special order fix, for the carriage of passengers and goods, rates for the whole or any part of the railway and different rates may be fixed for different classes of goods and specify in such order the conditions subject to which such rates shall apply. the Central Government may also, by a like order, fix the rates of any other charges incidental to or connected with such carriage including demurrage and wharfage for the whole or any part of the railway and specify in the order the conditions subject to Which such rates shall apply. [3]

Offences

Smoking

Endangering safety

Any person committing an offence under this Act or any rule made thereunder shall be triable for such offence in any place in which he may be or which the State Government may notify in this behalf, as well as in any other place in which he is liable to be tried under any law for the time being in force. [5]

If any railway servant, when on duty, endangers the safety of any person-

Obstruction

If any railway servant (whether on duty or otherwise) or any other person obstructs or causes to be obstructed or attempts to obstruct any train or other rolling stock upon a railway,-

Travel offences

Traveling on roof, step or engine of a train

According to section 156 of this act, if any passenger or any other person, after being warned by a railway servant to desist, persists in traveling on the roof, step 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 punishable with imprisonment for a term which may extend to three months, or with fine which imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both and may be removed from the railway by any railway servant. [7]

Traveling without pass/ticket

If any person, with intent to defraud a railway administration,-

  • enters or remains in any carriage on a railway or travels in train in contravention of section 55, or
  • uses or attempts to use a single pass or a 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 be punishable with imprisonment for a term which may extend of six months, or with fine which may extend to one thousand rupees, or with both:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of five hundred rupees.

  • The person referred to in sub-section (1) shall also be liable to pay the excess charge mentioned in sub-section (3) in addition to the ordinary single fare for the distance which he has traveled, 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 traveling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were so examined or, in case of their having been examined more than once, were last examined.
  • The excess charge referred to in sub-section (2) shall be a sum equal to the ordinary single fare referred to in that sub-section or fifty rupees, whichever is more.
  • Notwithstanding anything contained in section 65 of the Indian Penal Code (45 of 1860), the court convicting an offender may direct that the person in default of payment of any fine inflicted by the court shall suffer imprisonment for a term which may extend to six months. [8]

Entering reserved compartments

  • If any passenger-
    • having entered a compartment wherein no berth or seat has been reserved by a railway administration for his use, or
    • having unauthorizedly occupied a berth or seat reserved by a railway administration for the use of another passenger, refuses to leave it when required to do so by any railway servant authorized in this behalf, such railway servant may remove him or cause him to be removed, with the aid of any other person, from the compartment, berth or seat, as the case may be, and he shall also be punishable with fine which may extend to five hundred rupees.
  • If any passenger resists the lawful entry of another passenger into a compartment not reserved for the use of the passenger resisting, he shall be punishable with fine which may extend to two hundred rupees. [9]

Altering tickets

  • If any passenger-
    • having entered a compartment wherein no berth or seat has been reserved by a railway administration for his use, or
    • having unauthorizedly occupied a berth or seat reserved by a railway administration for the use of another passenger, refuses to leave it when required to do so by any railway servant authorized in this behalf, such railway servant may remove him or cause him to be removed, with the aid of any other person, from the compartment, berth or seat, as the case may be, and he shall also be punishable with fine which may extend to five hundred rupees.
  • If any passenger resists the lawful entry of another passenger into a compartment not reserved for the use of the passenger resisting, he shall be punishable with fine which may extend to two hundred rupees. [10]

Provisions

Accident coverage

According to the act, any accident attended with loss of any human life, or with grievous hurt, as defined in the Indian Penal Code (45 of 1860), or with such serious injury to property as may be prescribed; or

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References

  1. "Railways Act, Power to execute necessary works" (PDF). indianrailways.gov.in. Retrieved 11 June 2019.
  2. "Railways Act, Power to exhibit fare and timing" (PDF). indianrailways.gov.in. Retrieved 11 June 2019.
  3. "Railways Act, Power to fix rates" (PDF). indianrailways.gov.in. Retrieved 11 June 2019.
  4. "Railways Act, Smoking" (PDF). indianrailways.gov.in. Retrieved 11 June 2019.
  5. "Railways Act, Endangering safety" (PDF). indianrailways.gov.in. Retrieved 11 June 2019.
  6. "Railways Act, Obstructing Services" (PDF). indianrailways.gov.in. Retrieved 11 June 2019.
  7. "Railways Act, Traveling on roof, steps or engine" (PDF). indianrailways.gov.in. Retrieved 11 June 2019.
  8. "Railways Act, Travel without pass/ticket" (PDF). indianrailways.gov.in. Retrieved 11 June 2019.
  9. "Railways Act, Entering reserved compartments without ticket" (PDF). indianrailways.gov.in. Retrieved 11 June 2019.
  10. "Railways Act, Altering tickets" (PDF). indianrailways.gov.in. Retrieved 11 June 2019.
  11. "Railways Act, Notice of accident" (PDF). indianrailways.gov.in. Retrieved 11 June 2019.