Railways Act, 1989 | |
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Parliament of India | |
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Enacted by | Parliament of India |
Enacted | 3 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.
Some of the definitions from the act are given below:
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]
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]
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-
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,-
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]
If any person, with intent to defraud a railway administration,-
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.
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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