THE RAILWAYS ACT, 1989 
____________ 

ARRANGEMENT OF SECTIONS 
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CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 

CHAPTER II 
RAILWAY ADMINISTRATIONS 

3.  Zonal Railways. 
4.  Appointment of General Manager. 

CHAPTER IIA 
RAIL LAND DEVELOPMENT AUTHORITY 

4A. Establishment of Railway Land Development Authority. 
4B. Composition of Authority. 
4C. Terms and conditions of appointment of Vice-Chairman and other Members. 
4D. Functions of Authority. 
4E. Powers of Authority to enter into agreements and execute contracts. 
4F. Procedure of transaction of business of Authority. 
4G. Appointment of officers and other employees of Authority. 
4H. Salaries, allowances, etc., to be defrayed out of Consolidated Fund of India. 
4-I. Power of Authority to make regulations. 

CHAPTER III 
COMMISSIONERS OF RAILWAY SAFETY 

5.  Appointment of Chief Commissioner of Railway Safety and Commissioners of Railway Safety. 
6.  Duties of Commissioner. 
7.  Powers of Commissioner. 
8.  Commissioner to be public servant. 
9.  Facilities to be afforded to Commissioners. 
10.  Annual report of Commissioners. 

CHAPTER IV 
CONSTRUCTION AND MAINTENANCE OF WORKS 

11.  Power of railway administrations to execute all necessary works. 
12.  Power to alter the position of pipe, electric supply line drain or sewer, etc. 
13.  Protection for Government property. 

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SECTIONS 

14.  Temporary entry upon land to remove obstruction, to repair or to prevent accident. 
15.  Payment of amount for damage or loss. 
16.  Accommodation works. 
17.  Power of owner, occupier, State Government or local authority to cause additional accommodation 

works to be made. 
18.  Fences, gates and bars. 
19.  Overbridges and underbridges. 
20.  Power of Central Government to give directions for safety. 

CHAPTER IVA 
LAND ACQUISITION FOR A SPECIAL RAILWAY PROJECT 

20A. Power to acquire land, etc. 
20B. Power to enter for survey, etc.  
20C. Evaluation of damages during survey, measurement, etc. 
20D. Hearing of objections, etc.  
20E. Declaration of acquisition.  
20F. Determination of amount payable as compensation. 
20G. Criterion for determination of market-value of land.  
20H. Deposit and payment of amount. 
20-I. Power to take possession. 
20J. Right to enter into land where land has vested in Central Government. 
20K. Competent authority to have certain powers of civil court. 
20L. Utilisation of land for the purpose it is acquired. 
20M. Sharing with landowners the difference in price of a land when transferred for a higher 

consideration. 

20N. Land Acquisition Act 1 of 1894 not to apply. 
20-O. Application of the National Rehabilitation and Resettlement Policy, 2007 to persons 
          affected due to land acquisition. 
20P. Power to make rules in respect of matters in this Chapter. 

CHAPTER V 
OPENING OF RAILWAYS 

21.  Sanction of the Central Government to the opening of railway. 
22.  Formalities to be complied with before giving sanction to the opening of a railway. 
23.  Sections 21 and 22 to apply to the opening of certain works. 
24.  Temporary suspension of traffic. 
25.  Power to close railway opened for the public carriage of passengers. 
26.  Re-opening of closed railway. 
27.  Use of rolling stock. 
28.  Delegation of powers. 
29.  Power to make rules in respect of matters in this Chapter. 

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CHAPTER VI 
FIXATION OF RATES 

SECTIONS 

30.  Power to fix rates. 
31.  Power to classify commodities or alter rates. 
32.  Power of railway administration to charge certain rates. 

CHAPTER VII 
TRIBUNAL 

33.  Tribunal. 
34.  [Omitted.]. 
35.  [Omitted.]. 
36.  Complaints against a railway administration. 
37.  Matters not within the jurisdiction of the Tribunal. 
38.  Powers of the Tribunal.  
39.  Reference to the Tribunal. 
40.  Assistance by the Central Government. 
41.  Burden of proof, etc. 
42.  Decision, etc., of the Tribunal. 
43.  Bar of jurisdiction of courts. 
44.  Reliefs which the Tribunal may grant. 
45.  Revision of decisions given by the Tribunal. 
46.  Execution of decisions or orders of the Tribunal. 
47.  Report to the Central Government. 
48.  Power of the Tribunal to make regulations. 

CHAPTER VIII 
CARRIAGE OF PASSENGERS 

49.  Exhibition of certain timings and tables of fares at stations. 
50.  Supply of tickets on payment of fare. 
51.  Provision for case in which ticket is issued for class or train not having accommodation for 

additional passengers. 

52.  Cancellation of ticket and refund. 
53.  Prohibition against transfer of certain tickets. 
54.  Exhibition and surrender of passes and tickets. 
55.  Prohibition against travelling without pass or ticket. 
56.  Power to refuse to carry persons suffering from infectious or contagious diseases. 
57.  Maximum number of passengers for each compartment. 
58.  Earmarking of compartment, etc., for ladies. 
59.  Communications between passengers and railway servant in charge of train. 
60.  Power to make rules in respect of matters in this Chapter. 

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CHAPTER IX 
CARRIAGE OF GOODS 

SECTIONS 

61.  Maintenance of rate-books, etc., for carriage of goods. 
62.  Conditions for receiving, etc., of goods. 
63.  Provisions of risk rates. 
64.  Forwarding note. 
65.  Railway receipt. 
66.  Power to require statement relating to the description of goods. 
67.  Carriage of dangerous or offensive goods. 
68.  Carriage of animals suffering from infectious or contagious diseases. 
69.  Deviation of route. 
70.  Prohibition of undue preference. 
71.  Power to give direction in regard to carriage of certain goods. 
72.  Maximum carrying capacity for wagons and trucks. 
73.  Punitive charge for overloading a wagon. 
74.  Passing of property in the goods covered by railway receipt. 
75.  Section 74 not to affect right of stoppage in transit or claims for freight. 
76.  Surrender of railway receipt. 
77.  Power of railway administration to deliver goods or sale proceeds thereof in certain cases. 
78.  Power to measure, weigh, etc. 
79.  Weighment of consignment on request of the consignee or endorsee. 
80.  Liability of railway administration for wrong delivery. 
81.  Open delivery of consigrments. 
82.  Partial delivery of consignments. 
83.  Lien for freight or any other sum due. 
84.  Unclaimed consignment. 
85.  Disposal of perishable consignments in certain circumstances. 
86.  Sales under sections 83 to 85 not to affect the right to suit. 
87.  Power to make rules in respect of matters in this Chapter. 

CHAPTER X 
SPECIAL PROVISIONS AS TO GOODS BOOKED TO NOTIFIED STATIONS 

88.  Definitions. 
89.  Power to declare notified stations. 
90.  Disposal of unremoved goods at notified stations. 
91.  Price to be paid to person entitled after deducting dues. 
92.  Power to make rules in respect of matters in this Chapter. 

CHAPTER XI 
RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS 

93.  General responsibility of a railway administration as carrier of goods. 
94.  Goods to be loaded or delivered at a siding not belonging to a railway administration. 

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SECTIONS 

95.  Delay or detention in transit. 
96.  Traffic passing over railways in India and railways in foreign countries. 
97.  Goods carried at owner’s risk rate. 
98.  Goods in defective condition or defectively packed. 
99.  Responsibility of a railway administration after termination of transit. 
100. Responsibility as carrier of luggage. 
101. Responsibility as a carrier of animals. 
102. Exoneration from liability in certain cases. 
103. Extent of monetary liability in respect of any consignment. 
104. Extent of liability in respect of goods carried in open wagon. 
105. Right of railway administration to check contents of certain consignment or luggage. 
106. Notice of claim for compensation and refund of overcharge. 
107. Applications for compensation for loss, etc., of goods. 
108. Person entitled to claim compensation. 
109. Railway administration against which application for compensation for personal injury is to        

be filed. 

110. Burden of proof. 
111. Extent of liability of railway administration in respect of accidents at sea. 
112. Power to make rules in respect of matters in this Chapter. 

CHAPTER XII 
ACCIDENTS 

113. Notice of railway accident. 
114. Inquiry by Commissioner. 
115. Inquiry by railway administration. 
116. Powers of Commissioner in relation to inquiries. 
117. Statement made before Commissioner. 
118. Procedure, etc. 
119. No inquiry, investigation, etc., to be made if the Commission of Inquiry is appointed. 
120. Inquiry into accident not covered by section 113. 
121. Returns. 
122. Power to make rules in respect of matters in this Chapter. 

CHAPTER XIII 
LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND  
INJURY TO PASSENGERS DUE TO ACCIDENTS 

123. Definitions. 
124. Extent of liability. 
124A. Compensation on account of untoward incidents. 
125. Application for compensation. 
126. Interim relief by railway administration. 
127. Determination of compensation in respect of any injury or loss of goods. 
128. Saving as to certain rights. 

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SECTIONS 

129. Power to make rules in respect of matters in this Chapter. 

CHAPTER XIV 
REGULATION OF HOURS OF WORK AND PERIOD OF REST 

130. Definitions. 
131. Chapter not to apply to certain railway servants. 
132. Limitation of hours of work. 
133. Grant of periodical rest. 
134. Railway servant to remain on duty. 
135. Supervisors of railway labour. 
136. Power to make rules in respect of matters in this Chapter. 

CHAPTER XV 
PENALTIES AND OFFENCES 

137. Fraudulently travelling or attempting to travel without proper pass or ticket. 
138. Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised 

distance. 

139. Power to remove persons. 
140. Security for good behaviour in certain cases. 
141. Needlessly interfering with means of communication in a train. 
142. Penalty for transfer of tickets. 
143. Penalty for unauthorised carrying on of business of procuring and supplying of railway tickets. 
144. Prohibition on hawking, etc., and begging. 
145. Drunkenness or nuisance. 
146. Obstructing railway servant in his duties. 
147. Trespass and refusal to desist from trespass. 
148. Penalty for making a false statement in an application for compensation. 
149. Making a false claim for compensation. 
150. Maliciously wrecking or attempting to wreck a train. 
151. Damage to or destruction of certain railway properties. 
152. Maliciously hurting or attempting to hurt persons travelling by railway. 
153. Endangering safety of persons travelling by railway by wilful act or omission. 
154. Endangering safety of persons travelling by railway by rash or negligent act or omission. 
155. Entering into a compartment reserved or resisting entry into a compartment not reserved. 
156. Travelling on roof, step or engine of a train. 
157. Altering or defacing pass or ticket. 
158. Penalty for contravention of any of the provisions of Chapter XIV. 
159. Disobedience of drivers or conductors of vehicles to directions of railway servant, etc. 
160. Opening or breaking a level crossing gate. 
161. Negligently crossing unmanned level crossing. 
162. Entering carriage or other place reserved for females. 
163. Giving false account of goods. 

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SECTIONS 

164. Unlawfully bringing dangerous goods on a railway. 
165. Unlawfully bringing offensive goods on a railway. 
166. Defacing public notices. 
167. Smoking. 
168. Provision with respect to commission of offence by the children of acts endangering safety of 

person travelling on railway. 

169. Levy of penalty on non-Government railway. 
170. Recovery of penalty. 
171. Section 169 or 170 not to preclude Central Government from taking any other action. 
172. Penalty for intoxication. 
173. Abandoning train, etc., without authority. 
174. Obstructing running of train, etc. 
175. Endangering the safety of persons. 
176. Obstructing level crossing. 
177. False returns. 
178. Making a false report by a railway servant. 
179. Arrest for offences under certain sections. 
180. Arrest of persons likely to abscond, etc. 
180A. Inquiry by officer authorised to ascertain commission of offence. 
180B. Powers of officer authorised to inquire. 
180C. Disposal of persons arrested. 
180D. Inquiry how to be made against arrested person. 
180E. Search, seizure and arrest how to be made. 
180F. Cognizance by Court on a complaint made by officer authorised. 
180G. Punishment for certain offences in relation to inquiry. 
181. Magistrate having jurisdiction under the Act. 
182. Place of trial. 

CHAPTER XVI 
MISCELLANEOUS 

183. Power to provide other transport services. 
184. Taxation on railways by local authorities. 
185. Taxation on railways for advertisement. 
186. Protection of action taken in good faith. 
187. Restriction on execution against railway property. 
188. Railway servants to be public servants for the purposes of Chapter IX and section 409 of the  

Indian Penal Code. 

189. Railway servants not to engage in trade. 
190. Procedure for delivery to railway administration of property detained by a railway servant. 
191. Proof of entries in records and documents. 
192. Service of notice, etc., on railway administration. 
193. Service of notice, etc., by railway administration. 
194. Presumption where notice is served by post. 
195. Representation of railway administration. 
196. Power to exempt railway from Act. 

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SECTIONS 

197. Matters supplemental to the definitions of “railway” and “railway servant”. 
198. General power to make rules. 
199. Rules to be laid before Parliament. 
200. Repeal and saving. 

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THE RAILWAYS ACT, 1989 

ACT NO. 24 OF 1989 

An Act to consolidate and amend the law relating to Railways. 

BE it enacted by Parliament in the Fortieth Year of the Republic of India as follows:— 

[3rd June, 1989.] 

CHAPTER I  

PRELIMINARY 

1. Short title and commencement.—(1) This Act may be called the Railways Act, 1989. 
(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint:  

Provided that different dates may be appointed for different provisions of this Act, and any reference 
in any such provision to the commencement of this Act shall be  construed as a reference to the coming 
into force of that provision. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(1) “authorised” means authorised by a railway administration; 
2[(1A) “Authority” means the Rail Land Development Authority constituted under section 4A;] 

(2) “carriage” means the carriage of passengers or goods by a railway administration; 

(3)  “Claims  Tribunal”  means  the  Railway  Claims  Tribunal  established  under  section  3  of  the 

Railway Claims Tribunal Act, 1987 (54 of 1987); 

(4)  “classification”  means  the  classification  of  commodities  made  under  section  31  for  the 

purpose of determining the rates to be charged for carriage of such commodities; 

(5) “class rates” means the rate fixed for a class of commodity in the classification; 

(6) “Commissioner” means the Chief Commissioner of Railway Safety or the Commissioner of 

Railway Safety appointed under section 5; 

(7) “commodity” means a specific item of goods; 
3[(7A)  “competent  authority”  means  any  person  authorised  by  the  Central  Government,  by 
notification, to perform the functions of the competent authority for such area as may be specified in 
the notification;] 

(8) “consignee” means the person named as consignee in a railway receipt; 

(9) “consignment” means goods entrusted to a railway administration for carriage; 

(10)  “consignor”  means  the  person,  named  in  a  railway  receipt  as  consignor,  by  whom  or  on 
whose  behalf  goods  covered  by  the  railway  receipt  are  entrusted  to  a  railway  administration  for 
carriage; 

(11) “demurrage” means the charge levied for the detention of any rolling stock after the expiry 

of free time, if any, allowed for such detention; 

(12) “endorsee” means the person in whose favour an endorsement is made, and in the case of 

successive endorsements, the person in whose favour the last endorsement is made; 

(13) “endorsement” means the signing by the consignee or the endorsee after adding a direction 
on a railway receipt to pass the property in the goods mentioned in such receipt to a specified person; 

1. 1st July, 1990, vide notification No. S.O. 475(E), dated 12th June, 1990, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 
2. Ins. by Act 47 of 2005, s. 2 (w.e.f. 30-8-2006). 
3. Ins. by Act 11 of 2008, s. 2 (w.e.f. 31-1-2008). 

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(14) “fare” means the charge levied for the carriage of passengers; 

(15)  “ferry”  includes  a  bridge  of  boats,  pontoons  or  rafts,  a  swing  bridge,  a  fly-bridge  and  a 

temporary bridge and the approaches to, and landing places of, a ferry; 

(16) “forwarding note” means the document executed under section 64; 

(17) “freight” means the charge levied for the carriage of goods including transhipment charges, 

if any; 

(18)  “General  Manager”  means  the  General  Manager  of  a  Zonal  Railway  appointed  under  

section 4; 

(19) “goods” includes— 

(i) containers, pallets or similar articles of transport used to consolidate goods; and 

(ii) animals; 

(20) “Government railway” means a railway owned by the Central Government; 

(21)  “in  transit”, in  relation  to  the  carriage  of  goods  by  railway,  means  the  period  between  the 
commencement  and  the  termination  of  transit  of  such  goods,  and  unless  otherwise  previously 
determined— 

(a) transit commences as soon as the railway receipt is issued or the consignment is loaded, 

whichever is earlier; 

(b)  transit  terminates  on  the  expiry  of  the  free  time  allowed  for  unloading  of  consignment 
from  any  rolling  stock  and  where  such  unloading  has  been  completed  within  such  free  time, 
transit terminates on the expiry of the free time allowed, for the removal of the goods from the 
railway premises; 

(22) “level crossing” means an inter-section of a road with lines of rails at the same level; 

(23) “luggage” means the goods of a passenger either carried by him in his charge or entrusted to 

a railway administration for carriage; 

(24) “lump sum rate” means the rate mutually agreed upon between a railway administration and 

a consignor for the carriage of goods and for any service in relation to such carriage; 

(25) “non-Government railway” means a railway other than a Government railway; 

(26) “notification” means a notification published in the Official Gazette; 
1[(26A)  “officer  authorised”  means  an  officer  authorised  by  the  Central  Government  under  

sub-section (2) of section 179;] 

(27) “parcel” means goods entrusted to a railway administration for carriage by a passenger or a 

parcel train; 

(28) “pass” means an authority given by the Central Government or a railway administration to a 

person allowing him to travel as a passenger, but does not include a ticket; 

(29) “passenger” means a person travelling with a valid pass or ticket; 
2[(29A) “ person interested” includes,— 

(i) all persons claiming an interest in compensation to be made on account of the acquisition 

of land under this Act; 

(ii) tribals and other traditional forest dwellers, who have lost any 

traditional  rights  recognised  under  the  Scheduled  Tribes  and  Other  Traditional  Forest  Dwellers 
(Recognition of Forest Rights) Act, 2006 (2 of 2007); 

1. Ins. by Act 51 of 2003, s. 2 (w.e.f. 1-7-2004). 
2. Ins. by Act 11 of 2008, s. 2 (w.e.f. 31-1-2008). 

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(iii) a person interested in an easement affecting the land; and 

(iv) persons having tenancy rights under the relevant State laws;] 

(30) “prescribed” means prescribed by rules made under this Act; 

(31) “railway” means a railway, or any portion of a railway, for the public carriage of passengers 

or goods, and includes— 

(a)  all  lands  within  the  fences  or  other  boundary  marks  indicating  the  limits  of  the  land 

appurtenant to a railway; 

(b) all lines of rails, sidings, or yards, or branches used for the purposes of, or in connection 

with, a railway; 

(c)  all  electric  traction  equipments,  power  supply  and  distribution  installations  used  for  the 

purposes of, or in connection with, a railway; 

(d) all rolling stock, stations, offices, warehouses, wharves, workshops, manufactories, fixed 
plant  and  machinery,  roads  and  streets,  running  rooms,  rest  houses,  institutes,  hospitals,  water 
works  and  water  supply  installations,  staff  dwellings  and  any  other  works  constructed  for  the 
purpose of, or in connection with, railway; 

(e) all vehicles which are used on any road for the purposes of traffic of a railway and owned, 

hired or worked by a railway; and 

(f) all ferries, ships, boats and rafts which are used on any canal, river, lake or other navigable 
inland waters for the purposes of the traffic of a railway and owned, hired or worked by a railway 
administration, 

but does not include— 

(i) a tramway wholly within a municipal area; and 

(ii) lines of rails built in any exhibition ground, fair, park, or any other place solely for the 

purpose of recreation; 

(32) “railway administration”, in relation to— 

(a) a Government railway, means the General Manager of a Zonal Railway; and 

(b) a non-Government railway, means the person who is the owner or lessee of the railway or 

the person working the railway under an agreement; 
1[(32A)  “railway  land”  means  any  land  in  which  a  Government  railway  has  any  right,  title  or 

interest;] 

(33) “railway receipt” means the receipt issued under section 65; 

(34) “railway servant” means any person employed by the Central Government or by a railway 
administration  in  connection  with  the  service  of  a  railway  2[including  member  of  the  Railway 
Protection Force appointed under clause (c) of sub-section (1) of section 2 of the Railway Protection 
Force Act, 1957 (23 of 1957)]; 

(35)  “rate”  includes  any  fare,  freight  or  any  other  charge  for  the  carriage  of  any  passenger  or 

goods; 

(36) “regulations” means the regulations made by the Railway Rates Tribunal under this Act; 

1. Ins. by Act 47 of 2005, s. 2 (w.e.f. 30-8-2006) 
2. Ins. by Act 51 of 2003, s. 2 (w.e.f. 1-7-2004). 

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(37) “rolling stock” includes locomotives, lenders, carriages, wagons, rail-cars, containers, trucks, 

trolleys and vehicles of all kinds moving on rails; 

1[(37A)  “special  railway  project”  means  a  project  notified  as  such  by  the  Central  Government 
from time to time, for providing national infrastructure for a public purpose in a specified time-frame, 
covering one or more States or the Union territories;] 

(38)  “station  to  station  rate”  means  a  special  reduced  rate  applicable  to  a  specific  commodity 

booked between specified stations; 

(39) “traffic” includes rolling stock of every description, as well as passengers and goods; 
 2[(40) “Tribunal” means the Tribunal referred to in section 33;] 

(41) “wharfage” means the charge levied on goods for not removing them from the railway after 

the expiry of the free time for such removal; 

(42) “Zonal Railway” means a Zonal Railway constituted under section 3. 

CHAPTER II 

RAILWAY ADMINISTRATIONS 

3.  Zonal  Railways.—(1)  The  Central  Government  may,  for  the  purpose  of  the  efficient 
administration of the Government railways, by notification constitute such railways into as many Zonal 
Railways as it may deem fit and specify in such notification the names and headquarters of such Zonal 
Railways and the areas in respect of which they shall exercise jurisdiction. 

(2) The Zonal Railway existing immediately before the commencement of this Act shall be deemed to 

be Zonal Railways constituted under sub-section (1). 

(3)  The  Central  Government  may,  by  notification,  declare  any  unit  of  the  railways  engaged  in 
research, development, designing, construction or production of rolling stock, its parts or other equipment 
used on a railway, to be a Zonal Railway. 

(4) The Central Government may, by notification, abolish any Zonal Railway or constitute any new 
Zonal Railway out of any existing Zonal Railway or Zonal Railways, change the name or headquarters of 
any Zonal Railway or determine the areas in respect of which a Zonal Railway shall exercise jurisdiction. 

4. Appointment of General Manager.—(1) The Central Government shall, by notification, appoint 

a person to be the General Manager of a Zonal Railway. 

(2) The general superintendence and control of a Zonal Railway shall vest in the General Manager. 
3[CHAPTER IIA 

RAIL LAND DEVELOPMENT AUTHORITY 

4A. Establishment of Railway Land Development Authority.—The Central Government may, by 
notification,  establish  an  authority  to  be  called  the  Rail  Land  Development  Authority  to  exercise  the 
powers and discharge the functions conferred on it by or under this Act. 

4B. Composition of Authority.—(1) The Authority shall consist of a Chairman, Vice-Chairman and 

not more than four other members. 

(2) The Member Engineering, Railway Board shall be the Chairman, ex officio, of the Authority. 

(3) The Vice-Chairman and three other members shall be appointed by the Central Government from 
amongst persons who are or have been working in the Civil Engineering, Finance and Traffic disciplines 
of  any  railway  administration  and  having  adequate  experience  in  the  relevant  discipline  as  the  Central 
Government may consider necessary. 

1. Ins. by Act 11 of 2008, s. 2 (w.e.f. 31-1-2008). 
2. Subs. by Act 7 of 2017, s. 163, for clause (40) (w.e.f. 26-5-2017). 
2. Ins. by Act 47 of 2005, s. 3 (w.e.f. 30-8-2006). 

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(4)  The  Central  Government  shall  also  appoint  a  member  who  shall  be  a  person  from  outside  the 

railway administration and having adequate experience in such field as it may consider necessary. 

4C.  Terms and  conditions  of  appointment  of  Vice-Chairman  and  other  Members.—The terms 
and conditions of appointment of the Vice-Chairman and the other Members of the Authority, other than 
the Chairman, and the manner of filling casual vacancies among them shall be such as may be prescribed. 

4D.  Functions  of  Authority.—(1)  The  Authority  shall  discharge  such  functions  and  exercise  such 
powers of the Central Government in relation to the development of railway land and as are specifically 
assigned to it by the Central Government. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  the  Central 

Government may assign to the Authority all or any of the following functions, namely:— 

(i) to prepare scheme or schemes for use of railway land in conformity with the provisions of this 

Act; 

(ii) to develop railway land for commercial use as may be entrusted by the Central Government 

for the purpose of generating revenue by non-tariff measures; 

(iii)  to  develop  and  provide  consultancy,  construction  or  management  services  and  undertake 

operation in India in relation to the development of land and property; 

(iv) to carry out any other work or function as may be entrusted to it by the Central Government, 

by order in writing.  

4E.  Powers  of  Authority  to  enter  into  agreements  and  execute  contracts.—Subject  to  such 
directions as may be given to it by the Central Government, the Authority shall be empowered to enter 
into agreements on behalf of the Central Government and execute contracts. 

4F.  Procedure  of  transaction  of  business  of  Authority.—The  Authority  shall  have  power  to 
regulate, by means of regulations made by it, its own procedure (including quorum at its meetings) and 
the conduct of all business to be transacted by it, the constitution of Committees and Sub-Committees of 
Members and the delegation to them any of the powers (excluding the power to make regulations under 
this Chapter) and to perform duties of the Authority. 

4G. Appointment of officers and other employees of Authority.—(1) For the purpose of enabling 
it efficiently to discharge its functions under this Act, the Central Government shall provide the Authority 
with such officers and other employees, and the Authority shall, subject to the rules as may be made by 
the  Central  Government  in  this  behalf,  appoint,  whether  on  deputation  or  otherwise,  such  number  of 
officers and other employees as it may deem necessary. 

(2)  The  salaries  and  allowances  payable  to,  and  the  other  terms  and  conditions  of  service  of,  the 
officers  and  other  employees  appointed  for  the  purpose  of  the  Authority,  shall  be  such  as  may  be 
prescribed.  

4H. Salaries, allowances, etc., to be defrayed out of Consolidated Fund of India.—The salaries 
and allowances payable to the Vice-Chairman and other Members of the Authority and the administrative 
expenses including the salaries, allowances and pensions payable to the officers and other employees of 
the Authority shall be defrayed out of the Consolidated Fund of India. 

4-I. Power of Authority to make regulations.—(1) The Authority may, with the previous approval 
of the Central Government, make regulations, consistent with this Act and the rules made thereunder, for 
carrying out the provisions of this Chapter. 

(2) Every regulation made by the Authority under this Chapter shall be laid, as soon as may be after it 
is made, before each House of Parliament, while it is in session for a total period of thirty days which may 
be comprised in one session or in two or more successive sessions, and if before the expiry of the session 
immediately following the session or the successive sessions aforesaid, both Houses agree in making any 
modification in the regulation or both Houses agree that the regulation should not be made, the regulation 
shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, 

13 

 
that any such modification or annulment shall be without prejudice to the validity of anything previously 
done under that regulation.] 

CHAPTER III 

COMMISSIONERS OF RAILWAY SAFETY 

5.  Appointment  of  Chief  Commissioner  of  Railway  Safety  and  Commissioners  of  Railway 
Safety.—The Central Government may appoint a person to be the Chief Commissioner of Railway Safety 
and such other person as it may consider necessary to be the Commissioners of Railway Safety. 

6. Duties of Commissioner.—The Commissioner shall— 

(a)  inspect  any  railway  with  a  view  to  determine  whether  it  is  fit  to  be  opened  for  the  public 
carriage of passengers and report thereon to the Central Government as required by or under this Act; 

(b) make such periodical or other inspections of any railway or of any rolling stock used thereon 

as the Central Government may direct; 

(c) make an inquiry under this Act into the cause of any accident on a railway; and 

(d) discharge such other duties as are conferred on him by or under this Act.  

7. Powers of Commissioner.—Subject to the control of the Central Government, the Commissioner, 

whenever it is necessary so to do for any of the purposes of this Act, may— 

(a) enter upon and inspect any railway or any rolling stock used thereon; 

(b) by order in writing addressed to a railway administration, 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; and 

(c)  require  the  production  of  any  book,  document  or  material  object  belonging  to  or  in  the 

possession or control of any railway administration which appears to him to be necessary to inspect. 

8. Commissioner to be public servant.—The Commissioner shall be deemed to be a public servant 

within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

9.  Facilities  to  be  afforded  to  Commissioners.—A  railway  administration  shall  afford  to  the 
Commissioner  all  reasonable  facilities  for  the  discharge  of  the  duties  or  for  the  exercise  of  the  powers 
imposed or conferred on him by or under this Act. 

10. Annual report of Commissioners.—The Chief Commissioner of Railway Safety shall prepare in 
each financial year an annual report giving a full account of the activities of the Commissioners during 
the financial year immediately preceding the financial year in which such report is prepared and forward, 
before  such  date  as  may  be  specified  by  the  Central  Government,  copies  thereof  to  the  Central 
Government, and that Government shall cause that report to be laid, as soon as may be, after its receipt 
before each House of Parliament. 

CHAPTER IV 

CONSTRUCTION AND MAINTENANCE OF WORKS 

11. Power of railway administrations to execute all necessary works.—Notwithstanding anything 
contained in any other law for the time being in force, but subject to the provisions of this Act and the 
provisions of any law for the acquisition of land for a public purpose or for companies, and subject also, 
in the case of a non-Government railway, to the provisions of any contract between the non-Government 
railway and the Central Government, a railway administration may, for the purposes of constructing or 
maintaining a railway— 

(a) 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, adequcts, bridges, roads, lines of 

14 

 
rail, ways, passages, conduits, drains, piers, cuttings and fences, in-take wells, tube wells, dams, river 
training and protection works as it thinks proper; 

(b)  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; 

(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; 

1[(da) developing any railway land for commercial use;] 

(e)  alter,  repair  or  discontinue  such  buildings,  works  and  conveniences  as  aforesaid  or  any  of 

them and substitute others in their stead; 

(f)  erect,  operate,  maintain  or  repair  any  telegraph  and  telephone  lines  in  connection  with  the 

working of the railway; 

(g)  erect,  operate,  maintain  or  repair  any  electric  traction  equipment,  power  supply  and 

distribution installation in connection with the working of the railway; and 

(h)  do  all  other  acts  necessary  for  making,  maintaining,  altering  or  repairing  and  using  the 

railway. 

12. Power to alter the position of pipe, electric supply line, drain  or sewer, etc.—(1) A railway 
administration may, for the purpose of exercising the powers conferred on it by this Act, alter the position 
of any pipe for the supply of gas, water, oil or compressed air, or the position of any electric supply line, 
drain or sewer: 

Provided  that before altering the position of any such pipe, electric supply line, drain or sewer, the 
railway administration shall give a notice indicating the time at which the work of such alteration shall 
commence, to the local authority or other person having control over the pipe, electric supply line, drain 
or sewer. 

(2) The railway administration shall execute the work referred to in sub-section (1) to the reasonable 

satisfaction of the local authority or the person receiving the notice under the proviso to sub- section (1). 

13. Protection for Government property.—Nothing in sections 11 and 12 shall authorise— 

(a) a railway administration of the Government railway to do anything on or to any works, lands 
or  buildings  vested  in,  or  in  the  possession  of,  a  State  Government  without  the  consent  of  that 
Government; and 

(b)  a  railway  administration  of  a  non-Government  railway  to  do  anything  on  or  to  any  works, 
lands or buildings vested in, or in the possession of, the Central Government or a State Government, 
without the consent of the Government concerned. 

14. Temporary entry, upon land to remove obstruction, to repair or to prevent accident.—(1) 

Where in the opinion of a railway administration— 

(a)  there  is  imminent  danger  that  any  tree,  post  or  structure  may  fall  on  the  railway  so  as  to 

obstruct the movement of rolling stock; or 

(b) any tree, post, structure or light obstructs the view of any signal provided for movement of 

rolling stock; or 

1. Ins. by Act 47 of 2005, s. 4 (w.e.f. 30-8-2006). 

15 

 
                                                           
(c) any tree, post or structure obstructs any telephone or telegraph line maintained by it,  

it may take such steps as may be necessary to avert such danger or remove such obstruction and submit a 
report thereof to the Central Government in such manner and within such time as may be prescribed. 

(2) Where in the opinion of a railway administration— 

(a) a slip or accident has occurred; or 

(b) there is apprehension of any slip or accident to any cutting, embankment or other work on a 

railway, 

it  may  enter  upon  any  lands  adjoining  the  railway  and  do  all  such  works  as  may  be  necessary  for  the 
purpose  of  repairing  or  preventing  such  slip  or  accident  and  submit  a  report  thereof  to  the  Central 
Government in such manner and within such time as may be prescribed. 

(3)  The  Central  Government  may,  after  considering  the  report  under  sub-section  (1)  or  
sub-section  (2),  in  the  interest  of  public  safety,  by  order,  direct  the  railway  administration  that  further 
action  under  sub-section  (1)  or  sub-section  (2)  shall  be  stopped  or  the  same  shall  be  subject  to  such 
conditions as may be specified in that order. 

15. Payment of amount for damage or loss.—(1) No suit shall lie against a railway administration 
to recover any amount for any damage or loss caused in the exercise of the powers conferred by any of 
the foregoing provisions of this Chapter. 

(2)  A  railway  administration  shall  pay  or  tender  payment  for  any  damage  or  loss  caused  in  the 
exercise  of  the  powers  conferred  by  any  of  the  foregoing  provisions  of  this  Chapter,  and  in  case  of  a 
dispute as to the sufficiency of any amount so paid or tendered or as to the persons entitled to receive the 
amount, it shall immediately refer the dispute for the decision of the District Judge of the district and his 
decision thereon shall be final: 

Provided that where the railway administration fails to make a reference within sixty days from the 
date  of  commencement  of  the  dispute,  the  District  Judge  may,  on  an  application  made  to  him  by  the 
person concerned, direct the railway administration to refer the dispute for his decision. 

(3) The reference under sub-section (2) shall be treated as an appeal under section 96 of the Code of 

Civil Procedure, 1908 (5 of 1908) and shall be disposed of accordingly. 

(4) Where any amount has been paid as required by sub-section (2), the railway administration shall, 
notwithstanding anything in any other law for the time being in force, be discharged from all liabilities to 
any person whatsoever in respect of any amount so paid. 

16.  Accommodation  works.—(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 crossings, bridges, culverts and passages over, under or by the sides of, or leading to or 
from,  the  railway  as  may,  in  the  opinion  of the  State  Government,  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 bridges, tunnels, culverts, drains, water sources or other passages, over, under or 
by the sides of the railway, of such dimensions as will, in the opinion of the State Government, be 
sufficient  at  all  times  to  convey  water  as  freely  from  or  to  the  lands  lying  near  or  affected  by  the 
railway as it was before the making of the railway or as nearly as possible. 

(2) Subject to the other provisions of this Act, the works specified in sub-section (1) shall be made at 
the  cost  of  the  railway  administration  during  or  immediately  after  the  laying  out  or  formation  of  the 
railway over the lands traversed and  in such a manner as to cause as little damage or inconvenience as 
possible to persons interested in the lands or affected by the works: 

Provided that— 

(a)  a  railway  administration  shall  not  be required  to make  any  administration  shall  be  liable  to 
execute any further or additional the working or using of the railway, or to make any accommodation 
works  with  respect  to  which  the  owners  or  occupiers  of  the  lands  have  been  paid  compensation  in 
consideration of their not requiring the said works to be made; 

16 

 
(b)  save  as  hereinafter,  in  this  Chapter,  provided,  no  railway  administration  shall  be  liable  to 
execute 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 work 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  railway  administration  shall  not  be  compelled  to  provide  any  other 
accommodation work for the crossing of such road or stream. 

(3)  The  State  Government  may  specify  a  date  for  the  commencement  of  any  work  to  be  executed 
under sub-section (1) and, if within three months next after that date, the railway administration fails to 
commence  the  work  or  having  commenced  it,  fails  to  proceed  diligently  to  execute  it,  the  Central 
Government  shall,  on  such  failure  being  brought  to  its  notice  by  the  State  Government,  issue  such 
directions to the railway administration as it thinks fit. 

Explanation.—For the purposes of this section, the expression “lands” shall include public roads.  

17.  Power  of  owner,  occupier,  State  Government  or  local  authority  to  cause  additional 
accommodation  works  to  be  made.—(1)  If  an  owner  or  occupier  of  any  land  affected  by  a  railway 
considers  the  works  made  under  section  16  to  be  insufficient  for  the  use  of  the  land,  or  if  the  State 
Government or a local authority desires to construct a public road or other work across, under or over a 
railway, such owner or occupier, or, as the case may be, the State Government or the local authority may, 
at any time, require the railway administration to make at the expense of the owner or occupier or of the 
State Government or the local authority, as the case may be, such further accommodation works as are 
considered necessary and are agreed to by the railway administration. 

(2)  The  accommodation  works  made  under  sub-section  (1)  shall  be  maintained  at  the  cost  of  the 
owner or occupier of the land, the State Government or the local authority, at whose request the works 
were made. 

(3)  In  the  case  of  any  difference  of  opinion  between  the  railway  administration  and  the  owner  or 

occupier, the State Government or the local authority, as the case may be, in relation to— 

(i) the necessity of such further accommodation works; or 

(ii) the expenses to be incurred on the construction of such further accommodation works; or 

(iii) the quantum of expenses on the maintenance of such further accommodation works,  

it shall be referred to the Central Government whose decision thereon shall be final. 

18. Fences, gates and bars.—The Central Government may, within such time as may be specified by 

it or within such further time, as it may grant, require that— 

(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)  suitable  gates,  chains,  bars,  stiles  or  hand-rails  be  erected  or  renewed  by  a  railway 

administration at level crossings; 

(c) persons be employed by a railway administration to open and shut gates, chains or bars. 

19.  Overbridges  and  underbridges.—(1)  Where  a  railway  administration  has  constructed  lines  of 
rails across a public road at the same level, the State Government or the local authority maintaining the 
road, may, at any time, in the interest of public safety, require the railway administration to take 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 
may, in the circumstances of the case, appear to the State Government or the local authority maintaining 
the road to be best adapted for removing or diminishing the danger arising from the level crossing. 

(2) The railway administration may require the State Government or the local authority, as the case 
may be, as a condition of executing any work under sub-section (1), to undertake to pay the whole of the 

17 

 
cost  of  the  work  and  the  expense  of  maintaining  the  work,  to  the  railway  administration  or  such 
proportion of the cost and expenses as the Central Government considers just and reasonable. 

(3)  In  the  case  of  any  difference  of  opinion  between  the  railway  administration  and  the  State 
Government  or  the  local  authority,  as  the  case  may  be,  over  any  of  the  matters  mentioned  in  
sub-section (1), it shall be referred to the Central Government, whose decision thereon shall be final. 

20.  Power  of  Central  Government  to  give  directions  for  safety.—Notwithstanding  anything 
contained in any other law, the Central Government may, if it is of the opinion that any work undertaken 
or may be undertaken, is likely to alter or impede the natural course of water flow or cause an increase in 
the  volume  of  such  flow  endangering  any  cutting,  embankment  or  other  work  on  a  railway,  issue 
directions  in  writing  to  any  person,  officer  or  authority  responsible  for  such  work  to  close,  regulate  or 
prohibit that work. 

1[CHAPTER IVA 

LAND ACQUISITION FOR A SPECIAL RAILWAY PROJECT 

20A. Power to acquire land, etc.—(1) Where the Central Government is satisfied that for a public 
purpose any land is required for execution of a special railway project, it may, by notification, declare its 
intention to acquire such land. 

(2)  Every  notification  under  sub-section  (1),  shall  give  a  brief  description  of  the  land  and  of  the 

special railway project for which the land is intended to be acquired. 

(3) The State Government or the Union territory, as the case may be, shall for the purposes of  this 

section, provide the details of the land records to the competent authority, whenever required. 

(4) The competent authority shall cause the substance of the notification to be published in two local 

newspapers, one of which shall be in a vernacular language. 

20B.  Power  to  enter  for  survey,  etc.—On  the  issue  of  a  notification  under  sub-section  (1)  of  

section 20A, it shall be lawful for any person, authorised by the competent authority in this behalf, to— 

(a) make any inspection, survey, measurement, valuation or enquiry; 

(b) take levels; 

(c) dig or bore into sub-soil; 

(d) set out boundaries and intended lines of work; 

(e) mark such levels, boundaries and lines placing marks and cutting trenches; or 

(f) do such other acts or things as may be considered necessary by the competent authority. 

20C.  Evaluation  of  damages  during  survey,  measurement,  etc.—The  damages  caused  while 
carrying  out  works  on  land  such  as  survey,  digging  or  boring  sub-soil,  marking  boundaries  or  cutting 
trenches or clearing away any standing crop, fence or forest or doing such other acts or things which may 
cause  damages  while  acting  under  section  20B  particularly  relating  to  land  which  is  excluded  from 
acquisition proceeding, shall be evaluated and compensation shall be paid to the persons having interest in 
that land, within six months from the completion of the said works.  

20D.  Hearing  of  objections,  etc.—(1)  Any  person  interested  in  the  land  may,  within  a  period  of 
thirty days from the date of publication of the notification under sub-section (1) of section 20A, object to 
the acquisition of land for the purpose mentioned in that sub-section. 

(2) Every objection under sub-section, (1), shall be made to the competent authority in writing, and 
shall  set  out  the  grounds  thereof  and  the  competent  authority  shall  give  the  objector  an  opportunity  of 
being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after 
making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or 
disallow the objections. 

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008). 

18 

 
                                                           
Explanation.—For the purposes of this sub-section, “legal practitioner” has the same meaning as in 

clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961(25 of 1961). 

(3) Any order made by the competent authority under sub-section (2) shall be final. 

20E. Declaration of acquisition.—(1) Where no objection under sub-section (1) of section 20D has 
been  made  to  the  competent  authority  within  the  period  specified  therein  or  where  the  competent 
authority  has  disallowed  the  objections  under  sub-section  (2)  of  that  section,  the  competent  authority 
shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such 
report,  the  Central  Government  shall  declare,  by  notification,  that  the  land  should  be  acquired  for  the 
purpose mentioned in sub-section (1) of section 20A. 

(2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the 

Central Government free from all encumbrances. 

(3)  Where  in  respect  of  any  land,  a  notification  has  been  published  under  sub-section  (1)  of  
section 20A for its acquisition, but no declaration under sub-section (1) of this section has been published 
within  a  period  of  one  year  from  the  date  of  publication  of  that  notification,  the  said  notification  shall 
cease to have any effect: 

Provided  that  in  computing  the  said  period  of  one  year,  the  period  during  which  any  action  or 
proceedings  to  be  taken  in  pursuance  of  the  notification  issued  under  sub-section  (1)  of  section  20A  is 
stayed by an order of a court shall be excluded. 

(4)  A  declaration  made  by  the  Central  Government  under  sub-section  (1)  shall  not  be  called  in 

question in any court or by any other authority.  

20F. Determination of amount payable as compensation.—(1) Where any land is acquired under 
this Act, there shall be paid an amount which shall be determined by an order of the competent authority. 

(2) The competent authority shall make an award under this section within a period of one year from 
the  date  of  the  publication  of  the  declaration  and  if  no  award  is  made  within  that  period,  the  entire 
proceedings for the acquisition of the land shall lapse: 

Provided  that  the  competent  authority  may,  after  the  expiry  of  the  period  of  limitation,  if  he  is 
satisfied  that  the  delay  has  been  caused  due  to  unavoidable  circumstances,  and  for  the  reasons  to  be 
recorded in writing, he may make the award within an extended period of six months: 

Provided further that where an award is made within the extended period, the entitled person shall, in 
the  interest  of  justice,  be  paid  an  additional  compensation  for  the  delay  in  making  of  the  award,  every 
month for the period so extended, at the rate of not less than five per cent. of the value of the award, for 
each month of such delay. 

(3) Where the right of user or any right in the nature of an easement on, any land is acquired under 
this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that 
land has been affected in any manner whatsoever by reason of such acquisition, an amount calculated at 
ten per cent. of the amount determined under sub-section (1), for that land. 

(4) Before proceeding to determine the amount under sub-section (1) or sub-section (3), as the case 
may  be,  the  competent  authority  shall  give  a  public  notice  published  in  two  local  newspapers,  one  of 
which  shall  be  in  a  vernacular  language  inviting  claims  from  all  persons  interested  in  the  land  to  be 
acquired. 

(5) Such notice shall state the particulars of the land and shall require all persons interested in such 
land  to  appear  in  person  or  by  an  agent  or  by  a  legal  practitioner  referred  to  in  sub-section  (2)  of  
section 20D, before the competent authority, at a time and place and to state the nature of their respective 
interest in such land. 

(6) If the amount determined by the competent authority under sub-section (1) or as the case may be, 
sub-section (3) is not acceptable to either of the parties, the amount shall, on an application by either of 
the parties, be determined by the arbitrator to be appointed by the Central Government in such manner as 
may be prescribed. 

19 

 
(7) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 

(26 of 1996) shall apply to every arbitration under this Act. 

(8) The competent authority  or  the  arbitrator  while  determining  the  amount  of compensation  under 

sub-section (1) or sub-section (6), as the case may be, shall take into consideration— 

(a) the market value of the land on the date of publication of the notification under section 20A; 

(b) the damage, if any sustained by the person interested at the time of taking possession of the 

land, by reason of the severing of such land from other land; 

(c) the damage, if any, sustained by the person interested at the time of taking possession of the 
land, by reason of the acquisition injuriously affecting his other immovable property  in any manner, 
or his earnings; 

(d) if, in consequences of the acquisition of the land, the person interested is compelled to change 

his residence or place of business, the reasonable expenses, if any, incidental to such change. 

(9)  In  addition  to  the  market-value  of  the  land  as  above  provided,  the  competent  authority  or  the 
arbitrator, as the case may be, shall in every case award a sum of sixty per centum on such market-value, 
in consideration of the compulsory nature of the acquisition. 

20G.  Criterion  for  determination  of  market-value  of  land.—(1)  The  competent  authority  shall 

adopt the following criteria in assessing and determining the market-value of the land,— 

(i) the minimum land value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899), for the 

registration of sale deeds in the area, where the land is situated; or 

(ii)  the  average  of  the  sale  price  for  similar  type  of  land  situated  in  the  village  or  vicinity, 
ascertained from not less than fifty per cent. of the sale deeds registered during the preceding three 
years, where higher price has been paid,  

whichever is higher. 

(2) Where the provisions of sub-section (1) are not applicable for the reason that:— 

(i) the land is situated in such area where the transactions in land are restricted by or under any 

other law for the time being in force in that area; or 

(ii) the registered sale deeds for similar land as mentioned in clause (i) of sub-section (1) are not 

available for the preceding three years; or 

(iii) the minimum land value has not been specified under the Indian Stamp Act, 1899 (2 of 1899) 

by the appropriate authority,  

the concerned State Government shall specify the floor price per unit area of the said land based on the 
average higher prices paid for similar type of land situated in the adjoining areas or vicinity, ascertained 
from  not  less  than  fifty  per  cent.  of  the  sale  deeds  registered  during  the  preceding  three  years  where 
higher price has been paid, and the competent authority may calculate the value of the land accordingly. 

(3)  The  competent  authority  shall,  before  assessing  and  determining  the  market-value  of  the  land 

being acquired under this Act— 

(a) ascertain the intended land use category of such land; and 

(b)  take  into  account  the  value  of  the  land  of  the  intended  category  in  the  adjoining  areas  or 

vicinity, 

for the purpose of determination of the market-value of the land being acquired. 

(4) In determining the market-value of the building and other immovable property or assets attached 
to  the  land  or  building  which  are  to  be  acquired,  the  competent  authority  may  use  the  services  of  a 
competent engineer or any other specialist in the relevant field, as may be considered necessary by the 
competent authority. 

20 

 
(5) The competent authority may, for the purpose of determining the value of trees and plants, use the 
services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other 
field, as may be considered necessary by him. 

(6) For the purpose of assessing the value of the standing crops damaged during the process of land 
acquisition  proceedings,  the  competent  authority  may  utilise  the  services  of  experienced  persons  in  the 
field of agriculture as he considers necessary. 

20H.  Deposit  and  payment  of  amount.—(1)  The  amount  determined  under  section  20F  shall  be 
deposited by the Central Government, in such manner as may be prescribed by that Government, with the 
competent authority before taking possession of the land. 

(2)  As  soon  as  may  be  after  the  amount  has  been  deposited  under  sub-section  (1),  the  competent 
authority  shall  on  behalf  of  the  Central  Government  pay  the  amount  to  the  person  or  persons  entitled 
thereto. 

(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the 
competent  authority  shall  determine  the  persons  who  in  its  opinion  are  entitled  to  receive  the  amount 
payable to each of them. 

(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to 
whom  the  same  or  any  part  thereof  is  payable,  the  competent  authority  shall  refer  the  dispute  to  the 
decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land 
is situated. 

(5)  Where  the  amount  determined  under  section  20F  by  the  arbitrator  is  in  excess  of  the  amount 
determined by the competent authority, the arbitrator may award interest at nine per cent. per annum on 
such excess amount from the date of taking possession under section 20-I till the date of actual deposit 
thereof. 

(6)  Where  the  amount  determined  by  the  arbitrator  is  in  excess  of  the  amount  determined  by  the 
competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall 
be deposited by the Central Government, in such manner as may be prescribed by that Government, with 
the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit. 

20-I Power  to  take  possession.—(1)  Where any  land  has  vested  in the  Central  Government  under 
sub-section (2) of section 20E, and the amount determined by the competent authority under section 20F 
with  respect  to  such  land  has  been  deposited  under  sub-section  (1)  of  section  20H  with  the  competent 
authority by the Central Government, the competent authority may, by notice in writing, direct the owner 
as  well  as  any  other  person  who  may  be  in  possession  of  such  land  to  surrender  or  deliver  possession 
thereof the competent authority or any person duly authorised by it in this behalf within a period of sixty 
days of the service of the notice. 

(2)  If  any  person  refuses  or  fails  to  comply  with  any  direction  made  under  sub-section  (1),  the 

competent authority shall apply— 

(a)  in  case  of  any  land  situated  in  any  area  falling  within  the  metropolitan  area,  to  the 

Commissioner of Police; 

(b)  in  case  of  any  land  situated  in  any  area  other  than  the  area  referred  to  in  clause  (a),  to  the 

Collector of a district, 

and such Commissioner or Collector, as the case may be, shall enforce the surrender of the land, to the 
competent authority or to the person duly authorised by it. 

20J. Right to enter into land where land has vested in Central Government.—Where the land has 
vested in the Central Government under section 20E, it shall be lawful for any person authorised by the 
Central Government in this behalf, to enter and do other act necessary upon the land for carrying out the 
building, maintenance, management or operation of the special railway project or part thereof or any other 
work connected therewith. 

21 

 
20K. Competent authority to have certain powers of civil court.—The competent authority shall 
have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of 
Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely: 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of any document; 

(c) reception of evidence on affidavits; 

(d) requisitioning any public record from any court or office; 

(e) issuing commission for examination of witnesses.  

20L. Utilisation of land for the purpose it is acquired.—(1) The land acquired under this Act shall 
not be transferred to any other purpose except for a public purpose, and after obtaining the prior approval 
of the Central Government. 

(2)  When  any  land  or  part  thereof,  acquired  under  this  Act  remains  unutilised  for  a  period  of  five 
years  from  the  date  of  taking  over  the  possession,  the  same  shall  return  to  the  Central  Government  by 
reversion. 

20M. Sharing with landowners the difference in price of a land when transferred for a higher 
consideration.—Whenever  any  land  acquired  under  this  Act  is  transferred  to  any  person  for  a 
consideration,  eighty  per  cent.  of  the  difference  in  the  acquisition  cost  and  the  consideration  received, 
which in no case shall be less than the acquisition cost, shall be shared amongst the persons from whom 
the lands were acquired or their heirs, in proportion to the value at which the lands were acquired, and for 
the purpose, a separate fund may be maintained which shall be administered by the competent authority in 
such manner as may be prescribed by the Central Government. 

20N.  Land  Acquisition  Act  1  of  1894  not to  apply.—Nothing  in  the  Land  Acquisition  Act,  1894 

shall apply to an acquisition under this Act. 

20-O.  Application  of  the  National  Rehabilitation  and  Resettlement  Policy,  2007  to  persons 
affected  due  to  land  acquisition.—The  provisions  of  the  National  Rehabilitation  and  Resettlement 
Policy, 2007 for project affected families, notified by the Government of India in the Ministry of Rural 
Development vide number F. 26011/4/2007- LRD dated the 31st October, 2007, shall apply in respect of 
acquisition of land by the Central Government under this Act. 

20P.  Power  to  make  rules  in  respect  of  matters  in  this  Chapter.—(1)  The  Central  Government 

may, by notification, make rules to carry out the purposes of this Chapter. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

 (a) the manner of appointment of arbitrator under sub-section (6) of section 20F; 

(b)  the  manner  in  which  the  amount  shall  be  deposited  with  the  competent  authority  under  

sub-sections (1) and (6) of section 20H; 

(c)  the  manner  of  maintenance  and  administration  of  separate  fund  for  the  purposes  of  

section 20M.] 

CHAPTER V 

OPENING OF RAILWAYS 

21. Sanction of the Central Government to the opening of railway.—No railway shall be opened 
for the public carriage of passengers until the Central Government has, by order, sanctioned the opening 
thereof for that purpose. 

22. Formalities to be complied with before giving sanction to the opening of a railway.—(1) The 
Central Government shall, before giving its sanction to the opening of a railway under section 21, obtain a 
report from the Commissioner that— 

(a) he has made a careful inspection of the railway and the rolling stock that may be used thereon; 

22 

 
(b)  the  moving  and  fixed  dimensions  as  laid  down  by  the  Central  Government  have  not  been 

infringed; 

(c) the structure of lines 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,  comply  with  the 
requirements laid down by the Central Government; and 

(d) in his opinion, the railway can be opened for the public carriage of passengers without any 

danger to the public using it. 

(2) If the Commissioner is of the opinion that the railway cannot be opened without any danger to the 
public using it, he shall, in his report, state the grounds therefor, as also the requirements which, in his 
opinion, are to be complied with before sanction is given by the Central Government. 

(3)  The  Central  Government,  after  considering  the  report  of  the  Commissioner,  may  sanction  the 
opening  of  a  railway  under  section  21  as  such  or  subject  to  such  conditions  as  may  be  considered 
necessary by it for the safety of the public.  

23. Sections 21 and 22 to apply to the opening of certain works.—The provisions of sections 21 
and 22 shall apply to the opening of the following works if they form part of, or are directly connected 
with, a  railway  used  for the  public  carriage  of  passengers  and  have  been constructed  subsequent  to  the 
giving of a report by the Commissioner under section 22, namely:— 

(a) opening of additional lines of railway and deviation lines; 

(b) opening of stations, junctions and level crossings; 

(c) re-modelling of yards and re-building of bridges; 

(d) introduction of electric traction; and 

(e)  any  alteration  or  reconstruction  materially  affecting  the  structural  character  of  any  work  to 

which the provisions of sections 21 and 22 apply or are extended by this section. 

24. Temporary suspension of traffic.—When an accident has occurred on a railway resulting in a 
temporary suspension of traffic, and either the original lines of rails and works have been restored to their 
original standard or a temporary diversion has been laid for the purpose of restoring communication, the 
original lines of rails and works so restored, or the temporary diversion, as the case may be, may, without 
prior  inspection  by  the  Commissioner,  be  opened  for  the  public  carriage  of  passengers,  subject  to  the 
following conditions, namely:— 

(a) the railway servant incharge of the works undertaken by reason of the accident has certified in 
writing that the opening of the restored lines of rails and works, or of the temporary diversion will not 
in his opinion be attended with danger to the public; and 

(b)  a  notice  of  the  opening  of  the  lines  of  rails  and  works  or  the  diversion  shall  be  sent 

immediately to the Commissioner. 

25.  Power  to  close  railway  opened  for  the  public  carriage  of  passengers.—Where,  after  the 
inspection of any railway opened and used for the public carriage of passengers or any rolling stock used 
thereon,  the  Commissioner  is  of  the  opinion  that  the  use  of  the  railway  or  of  any  rolling  stock  will  be 
attended  with  danger  to  the  public  using  it,  the  Commissioner  shall  send  a  report  to  the  Central 
Government who may thereupon direct that— 

(i) the railway be closed for the public carriage of passengers; or 

(ii) the use of the rolling stock be discontinued; or 

(iii) the railway or the rolling stock may be used for the public carriage of passengers subject to 

such conditions as it may consider necessary for the safety of the public.  

23 

 
 
 
26. Re-opening of closed railway.—When the Central Government has, under section 25, directed 

the closure of a railway or the discontinuance of the use of any rolling stock— 

(a)  the  railway  shall  not  be  re-opened  for  the  public  carriage  of  passengers  until  it  has  been 
inspected by the Commissioner and its re-opening is sanctioned in accordance with the provisions of 
this Chapter; and 

(b)  the  rolling  stock  shall  not  be  used  until  it  has  been  inspected  by  the  Commissioner  and  its  

re-use is sanctioned in accordance with the provisions of this Chapter.  

27. Use of rolling stock.—A railway administration  may use such rolling stock as it may consider 

necessary for the construction, operation and working of a railway: 

Provided that before using any rolling stock of a design or type different from that already running on 
any  section  of  the railway,  the  previous sanction  of the  Central  Government  shall  be  obtained for  such 
use: 

Provided further that before giving any such sanction, the Central Government shall obtain a report 
from the Commissioner that he has made a careful inspection of the rolling stock and, in his opinion, such 
rolling stock can be used.  

28.  Delegation  of  powers.—The  Central  Government  may,  by  notification,  direct  that  any  of  its 
powers or functions under this Chapter, except section 29, or the rules made thereunder shall, in relation 
to such matters and subject to such conditions, if any, as may be specified in the notification, be exercised 
or discharged also by a Commissioner. 

29. Power to make rules in respect of matters in this Chapter.—(1) The Central Government may, 

by notification, make rules to carry out the purposes of this Chapter. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  duties  of  a  railway  administration  and  the  Commissioner  in  regard  to  the  opening  of  a 

railway for the public carriage of passengers; 

(b)  the  arrangements  to  be  made  for  and  the  formalities  to  be  complied  with  before  opening  a 

railway for the public carriage of passengers; 

(c) for regulating the mode in which, and the speed at which rolling stock used on railways is to 

be moved or propelled; and 

(d)  the  cases  in  which  and  the  extent  to  which  the  procedure  provided  in  this  Chapter  may  be 

dispensed with.  

CHAPTER VI 

FIXATION OF RATES 

30. Power to fix rates.—(1) 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. 

(2) The Central Government may, 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.  

31. Power to classify commodities or alter rates.—The Central Government shall have power to—  

(a) classify or reclassify any commodity for the purpose of determining the rates to be charged for 

the carriage of such commodities; and 

(b) increase or reduce the class rates and other charges. 

24 

 
32.  Power  of  railway  administration  to  charge  certain  rates.—Notwithstanding  anything 
contained in this Chapter, a railway administration may, in respect of the carriage of any commodity and 
subject to such conditions as may be specified,— 

(a) quote a station to station rate; 

(b)  increase  or  reduce  or  cancel,  after  due  notice  in  the  manner  determined  by  the  Central 
Government, a station to station rate, not being a station to station rate introduced in compliance with 
an order made by the Tribunal; 

(c)  withdraw,  alter  or  amend  the  conditions  attached  to  a  station  to  station  rate  other  than 

conditions introduced in compliance with an order made by the Tribunal; and 

(d) charge any lump sum rate. 

CHAPTER VII 
1[TRIBUNAL] 

 2[33. Tribunal.—The Railway Claims Tribunal established under section 3 of the Railway Claims 
Tribunal Act, 1987 (54 of 1987) shall, on and from the commencement of Part XIV of Chapter VI of the 
Finance Act, 2017, be the Tribunal for the purposes of this Act and the said Tribunal shall exercise the 
jurisdiction, authority and powers conferred on it by or under this Act.] 

34. [Staff of the Tribunal.] Omitted by the Finance Act, 2017 (7 of 2017), s. 163 (w.e.f. 26-5-2017). 

35. [Sittings of the Tribunal.] Omitted by s. 163, ibid. (w.e.f. 26-5-2017). 

36. Complaints against a railway administration.—Any complaint that a railway administration— 

(a) is contravening the provisions of section 70; or 

(b)  is  charging  for  the  carriage  of  any  commodity  between  two  stations  a  rate  which  is 

unreasonable; or 

(c) is levying any other charge which is unreasonable,  

may be made to the Tribunal, and the Tribunal shall hear and decide any such complaint in accordance 
with the provisions of this Chapter. 

37.  Matters  not  within  the  jurisdiction  of  the  Tribunal.—Nothing  in  this  Chapter  shall  confer 

jurisdiction on the Tribunal in respect of— 

(a) classification or re-classification of any commodity; 

(b) fixation of wharfage and demurrage charges (including conditions attached to such charges); 

(c)  fixation  of  fares  levied  for  the  carriage  of  passengers  and  freight  levied  for  the  carriage  of 

luggage, parcels, railway material and military traffic; and 

(d) fixation of lump sum rates. 

38. Powers of the Tribunal.—(1) The Tribunal shall have the powers of a civil court under the Code 
of Civil Procedure, 1908 (5 of 1908) for the purposes of taking evidence on oath, enforcing the attendance 
of  witnesses,  compelling  the  discovery  and  production  of  documents,  issuing  commissions  for  the 
examination  of  witnesses  and  of  review and shall be deemed  to  be  a  civil  court  for  all the  purposes  of 
1973  
section 
(2 of 1974) and any reference in such section or chapter to the presiding officer of a court shall be deemed 
to include a reference to the Chairman of the Tribunal. 

and  Chapter  XXXV 

of  Criminal 

the  Code 

Procedure, 

195 

of 

(2) The Tribunal shall also have power to pass such interim and final orders as the circumstances may 

require, including orders for the payment of costs. 

39.  Reference  to  the  Tribunal.—Notwithstanding  anything  contained  in  section  37,  the  Central 
Government may make a reference to the Tribunal in respect of any of the matter specified in that section 

1. Subs. by Act 7 of 2017, s. 163, for the Heading (w.e.f. 26-5-2017). 
2. Subs. by s. 163, ibid., for section 33 (w.e.f. 26-5-2017). 

25 

 
                                                           
and where any such reference is made in respect of any such matter, the Tribunal shall make an inquiry 
into that matter and submit its report thereon to the Central Government. 

40.  Assistance  by  the  Central  Government.—(1)  The  Central  Government  shall  give  to  the 
Tribunal  such  assistance  as  it  may  require  and  shall  also  place  at  its  disposal  any  information  in  the 
possession of the Central Government which that Government may think relevant to any matter before the 
Tribunal. 

(2) Any person duly authorised in this behalf by the Central Government shall be entitled to appear 

and be heard in any proceedings before the Tribunal. 

41. Burden of proof, etc.—In the case of any complaint under clause (a) of section 36,— 

(a) 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 goods or lower charges for the same or 
similar services than it charges to other traders in any other local area, the burden of providing that 
such  lower  rate  or  charge  does  not  amount  to  an  undue  preference,  shall  lie  on  the  railway 
administration; 

(b)  in  deciding  whether  a  lower  rate  or  charge  does  not  amount  to  an  undue  preference,  the 
Tribunal  may,  in  addition  to  any  other  considerations  affecting  the  case,  take  into  consideration 
whether such lower rate or charge is necessary in the interests of the public. 

42. Decision, etc., of the Tribunal.—The decisions or orders of the Tribunal shall be by a majority 

of the members sitting and shall be final. 

43. Bar of jurisdiction of courts.—No suit shall be instituted or proceeding taken in respect of any 

matter which the Tribunal is empowered to deal with, or decide, under this Chapter. 

44. Reliefs which the Tribunal may grant.—In the case of any complaint made under clause (b) or 

clause (c) of section 36, the Tribunal may— 

(i) fix  such  rate  or  charge as  it  considers reasonable from  any  date  as it  may  deem  proper,  not 

being a date earlier to the date of the filing of the complaint; 

(ii)  direct  a  refund  of  amount,  if  any,  as  being  the  excess  of  the  rate  or  charge  fixed  by  the 

Tribunal under clause (i). 

45.  Revision  of  decisions  given  by  the  Tribunal.—Where  a  railway  administration  considers  that 
since the date of decision by the Tribunal, there has been a material change in the circumstances on which 
it was based, it may, after the expiry of one year from such date, make an application to the Tribunal and 
the Tribunal may, after making such inquiry as it considers necessary, vary or revoke the decision. 

46. Execution of decisions or orders of the Tribunal.—The Tribunal may transmit any decision or 
order made by it to a civil court having local jurisdiction and such civil court shall execute the decision or 
order as if it were a decree made by that court. 

47. Report to the Central Government.—The Tribunal shall present annually a report to the Central 

Government of all its proceedings under this Chapter. 

48. Power of the Tribunal to make regulations.—(1) The Tribunal may, with the previous approval 
of the Central Government, make regulations consistent with this Act and rules generally to regulate its 
procedure for the effective discharge of its functions under this Chapter. 

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may 

provide for all or any of the following matters, namely:— 

1* 

* 

* 

* 

* 

(b) the award of costs by the Tribunal in any proceedings before it; 

1. Clause (a) omitted by Act 7 of 2017, s.163 (w.e.f. 26-5-2017). 

26 

 
 
 
 
 
 
 
 
                                                           
(c) the reference of any question to a member or to an officer of the Tribunal or any other person 

appointed by the Tribunal, for report after holding a local inquiry; 

(d) the right of audience before the Tribunal, provided that any party shall be entitled to be heard 

in person, or by a representative duly authorised in writing, or by a legal practitioner; 

(e) the disposal by the Tribunal of any proceedings before it, notwithstanding that in the course 

thereof there has been a change in the persons sitting as members of the Tribunal; 

(f) a scale of fees for and in connection with the proceedings before the Tribunal. 

CHAPTER VIII 

CARRIAGE OF PASSENGERS 

49. Exhibition of certain timings and tables of fares at stations.—(1) Every railway administration 
shall cause to be pasted in a conspicuous and accessible place at every station in Hindi and English and 
also in the regional language commonly in use in the area where the station is situated,— 

(i)  a  table  of  times  of  arrival  and  departure  of  trains  which  carry  passengers  and  stop  at  that 

station; and 

(ii) list of fares from such station to such other stations as it may consider necessary. 

(2) At every station where tickets are issued to passengers, a copy of the time table in force shall be 

kept in the office of the station master. 

50. Supply of tickets on payment of fare.—(1) Any person desirous of travelling on a railway shall, 
upon  payment  of the fare, be  supplied  with a  ticket  by  a  railway  servant or an agent  authorised  in  this 
behalf and such ticket shall contain the following particulars, namely:— 

(i) the date of issue; 

(ii) the class of carriage; 

(iii) the place from and the place to which it is issued; and 

(iv) the amount of the fare. 

(2) Every railway administration shall display the hours during which booking windows at a station 

shall be kept open for the issue of tickets to passengers. 

(3) The particulars required to be specified on a ticket under clauses (ii) and (iii) of sub-section (1) 

shall,— 

(a) if it is for the lowest class of carriage, be set forth in Hindi, English and the regional language 

commonly in use at the place of issue of the ticket; and 

(b) if it is for any other class of carriage, be set forth in Hindi and English: 

Provided  that  where  it  is  not  feasible  to  specify  such  particulars  in  any  such  language  due  to 
mechanisation or any other reason, the Central Government may exempt such particulars being specified 
in that language. 

51. Provision for case in which ticket is issued for class or train not having accommodation for 
additional  passengers.—(1)  A  ticket  shall  be  deemed  to  have  been  issued  subject  to  the  condition  of 
availability of accommodation in the class of carriage and the train for which the ticket is issued. 

(2)  If  no  accommodation  is  available  in  the  class  of  carriage  for  which  a  ticket  is  issued,  and  the 
holder  thereof  travels  in  a  carriage  of  a  lower  class,  he  shall,  on  returning  such  ticket,  be  entitled  to  a 
refund  of  the  difference  between  the  fare  paid  by  him  and  the  fare  payable  for  the  class  of  carriage  in 
which he travels. 

52.  Cancellation  of  ticket  and  refund.—If  a  ticket  is  returned  for  cancellation,  the  railway 

administration shall cancel the same and refund such amount as may be prescribed.  

27 

 
53. Prohibition against transfer of certain tickets.—A ticket issued in the name of a person shall be 

used only by that person: 

Provided  that  nothing  contained  in  this  section  shall  prevent  mutual  transfer  of  a  seat  or  berth  by 

passengers travelling by the same train:  

Provided  further  that  a  railway  servant  authorised  in  this  behalf  may  permit  change  of  name  of  a 

passenger having reserved a seat or berth subject to such circumstances as may be prescribed. 

54.  Exhibition  and  surrender  of  passes  and  tickets.—Every  passenger  shall,  on  demand  by  any 
railway servant authorised in this behalf, present his pass or ticket to such railway servant for examination 
during the journey or at the end of the journey and surrender such ticket— 

(a) at the end of the journey, or 

(b) if such ticket is issued for a specified period, on the expiration of such period. 

55. Prohibition against travelling without pass or ticket.—(1) No person shall enter or remain in 
any carriage on a railway for the purpose of travelling therein as a  passenger unless he has with him a 
proper pass or ticket or obtained permission of a railway servant authorised in this behalf for such travel. 

(2)  A  person  obtaining  permission  under  sub-section  (1)  shall  ordinarily  get  a  certificate  from  the 
railway  servant  referred  to  in  that  sub-section  that  he  has  been  permitted  to  travel  in  such  carriage  on 
condition that he subsequently pays the fare payable for the distance to be travelled. 

56.  Power  to  refuse  to  carry  persons  suffering  from  infectious  or  contagious  diseases.—(1)  A 
person  suffering  from  such  infectious  or  contagious  diseases,  as  may  be  prescribed,  shall  not  enter  or 
remain  in  any  carriage  on  a  railway  or  travel  in  a  train  without  the  permission  of  a  railway  servant 
authorised in this behalf. 

(2) The  railway servant giving permission under sub-section (1), shall arrange for the separation of 
the person suffering from such disease from other persons in the train and such person shall be carried in 
the train subject to such other conditions as may be prescribed. 

(3)  Any  person  who  enters  or  remains  in  any  carriage  or  travels  in  a  train  without  permission  as 
required under sub-section (1) or in contravention of any condition prescribed under sub-section (2), such 
person  and  a  person  accompanying  him  shall  be  liable  to  the  forfeiture  of  their  passes  or  tickets  and 
removal from railway by any railway servant. 

57.  Maximum  number  of  passengers  for  each  compartment.—Subject  to  the  approval  of  the 
Central  Government,  every  railway  administration  shall  fix  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 Hindi, English and also in one or 
more of the regional languages commonly in use in the areas served by the railway. 

58.  Earmarking  of  compartment,  etc.,  for  ladies.—Every  railway  administration  shall,  in  every 
train carrying passengers, earmark for the exclusive use of females, one compartment or such number of 
berths or seats, as the railway administration may think fit. 

59.  Communications  between  passengers  and  railway  servant  in  charge  of  train.—A  railway 
administration  shall  provide  and  maintain  in  every  train  carrying  passengers,  such  efficient  means  of 
communication between the passengers and the railway servant in charge of the train as may be approved 
by the Central Government: 

Provided that where the railway administration is satisfied that the means of communication provided 
in a train are being misused, it may cause such means to be disconnected in that train for such period as it 
thinks fit: 

Provided further that the Central Government may specify the circumstances under which a railway 

administration may be exempted from providing such means of communication in any train. 

60. Power to make rules in respect of matters in this Chapter.—(1) The Central Government may, 

by notification, make rules to carry out the purposes of this Chapter. 

28 

 
(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the convenience and accommodation (including the reservation of seats or berths in trains) to 

passengers; 

(b) the amount of refund for the cancellation of a ticket; 

(c)  the  circumstances  under  which  change  of  names  of  passengers,  having  reserved  seats  or 

berths, may be permitted; 

(d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak 

rooms at the stations; 

(e) diseases which are infectious or contagious; 

(f) the conditions subject to which a railway administration may carry passengers suffering from 
infectious or contagious diseases and the manner in which carriages used by such passengers may be 
disinfected; 

(g)  generally,  for  regulating  the  travelling  upon,  and  the  use,  working  and  management  of  the 

railways. 

(3)  Any  rule  made  under  this  section  may  provide  that  a  contravention  thereof  shall  be  punishable 

with fine which shall not exceed five hundred rupees. 

(4) Every railway administration shall keep at every station on its railway a copy of all the rules made 

under this section and shall also allow any person to inspect it free of charge. 

CHAPTER IX 

CARRIAGE OF GOODS 

61.  Maintenance  of  rate-books,  etc.,  for  carriage  of  goods.—Every  railway  administration  shall 
maintain, at each station and at such other places where goods are received for carriage, the rate-books or 
other  documents  which  shall  contain  the  rate  authorised  for  the  carriage  of  goods  from  one  station  to 
another  and  make  them  available  for  the  reference  of  any  person  during  all  reasonable  hours  without 
payment of any fee. 

62. Conditions for receiving, etc., of goods.—(1) A railway administration may impose conditions, 
not  inconsistent  with  this  Act  or  any  rules  made  thereunder,  with  respect  to  the  receiving,  forwarding, 
carrying or delivering of any goods. 

(2) A railway administration shall maintain, at each station and at such other places where goods are 
received for carriage, a copy of the conditions for the time being in force under sub-section (1) and make 
them available for the reference of any person during all reasonable hours without payment of any fee. 

63.  Provision  of  risk  rates.—(1)  Where  any  goods  are  entrusted  to  a  railway  administration  for 
carriage, such carriage shall, except where owner's risk rate is applicable in respect of such goods, be at 
railway risk rate. 

(2)  Any  goods,  for  which owner's  risk  rate  and  railway  risk  rate  are in  force, may  be  entrusted  for 
carriage at either of the rates and if no rate is opted, the goods shall be deemed to have been entrusted at 
owner's risk rate. 

64.  Forwarding  note.—(1)  Every  person  entrusting  any  goods  to  a  railway  administration  for 

carriage shall execute a forwarding note in such form as may be specified by the Central Government: 

Provided that no forwarding note shall be executed in the case of such goods as may be prescribed. 

(2) The consignor shall be responsible for the correctness of the particulars furnished by him in the 

forwarding note. 

(3) The  consignor shall indemnify  the  railway  administration  against  any  damage  suffered  by  it  by 

reason of the incorrectness or incompleteness of the particulars in the forwarding note. 

29 

 
65. Railway receipt.—(1) A railway administration shall,— 

(a)  in  a  case  where  the  goods  are  to  be  loaded  by  a  person  entrusting  such  goods,  on  the 

completion of such loading; or 

(b) in any other case, on the acceptance of the goods by it, issue a railway receipt in such form as 

may be specified by the Central Government. 

(2) A railway receipt shall be prima facie evidence of the weight and the number of packages stated 

therein: 

Provided that in the case of a consignment in wagon-load or train-load and the weight or the number 
of packages is not checked by a railway servant authorised in this behalf, and a statement to that effect is 
recorded  in  such  railway  receipt  by  him,  the  burden  of  proving  the  weight  or,  as  the  case  may  be,  the 
number of packages stated therein, shall lie on the consignor, the consignee or the endorsee. 

66. Power to require statement relating to the description of goods.—(1) The owner or a person 
having charge of any goods which are brought upon a railway for the purposes of carriage by railway, and 
the consignee or the endorsee of any consignment shall, on the request of any railway servant authorised 
in this behalf, deliver to such railway servant a statement in writing signed by such owner or person or by 
such consignee or endorsee, as the case may be, containing such description of the goods as would enable 
the railway servant to determine the rate for such carriage. 

(2) If such owner or person refuses or neglects to give the statement as required under sub-section (1) 
and refuses  to  open the  package  containing  the  goods,  if so required  by the  railway  servant,  it  shall be 
open to the railway administration to refuse to accept such goods for carriage unless such owner or person 
pays for such carriage the highest rate for any class of goods. 

(3)  If  the  consignee  or  endorsee  refuses  or  neglects  to  give  the  statement  as  required  under  
sub-section  (1)  and  refuses  to  open  the  package  containing  the  goods,  if  so  required  by  the  railway 
servant, it shall be open to the railway administration to charge in respect of the carriage of the goods the 
highest rate for any class of goods. 

(4) If the statement delivered under sub-section (1) is materially false with respect to the description 
of  any  goods  to  which  it  purports  to  relate,  the  railway  administration  may  charge  in  respect  of  the 
carriage of such goods such rate, not exceeding double the highest rate for any class of goods as may be 
specified by the Central Government. 

(5) If any difference arises between a railway servant and such owner or person, the consignee or the 
endorsee, as the case may be, in respect  of the description of the goods for which a statement has been 
delivered under sub-section (1), the railway servant may detain and examine the goods. 

(6)  Where  any  goods  have  been  detained  under  sub-section  (5)  for  examination  and  upon  such 
examination  it  is  found  that  the  description  of  the  goods  is  different  from  that  given  in  the  statement 
delivered under sub-section (1), the cost of such detention and examination shall be borne by such owner 
or person, the consignee or the endorsee, as the case may be, and the railway administration shall not be 
liable for any loss, damage or deterioration which may be caused by such detention or examination.  

67. Carriage of dangerous or offensive goods.—(1) No person shall take with him on a railway, or 
require a railway administration to carry such dangerous or offensive goods, as may be prescribed, except 
in accordance with the provisions of this section. 

(2) No person shall take with him on a railway the goods referred to in sub-section (1) unless he gives 

a notice in writing of their dangerous or offensive nature to the railway servant authorised in this behalf. 

(3) No person shall entrust the goods referred to in sub-section (1) to a railway servant authorised in 
this  behalf  for carriage  unless  he  distinctly  marks  on the  outside  of the  package  containing  such  goods 
their dangerous or offensive nature and gives a notice in writing of their dangerous or offensive nature to 
such railway servant. 

(4) If any railway servant has reason to believe that goods contained in a  package are dangerous or 
offensive and notice as required under sub-section (2) or sub-section (3), as the case may be, in respect of 

30 

 
such  goods  is  not  given,  he  may  cause  such  package  to  be  opened  for  the  purpose  of  ascertaining  its 
contents. 

(5) Notwithstanding anything contained in this section, any railway servant may refuse to accept any 
dangerous or offensive goods for carriage or stop, in transit, such goods or cause the same to be removed, 
as the case may be, if he has reason to believe that the provisions of this section for such carriage are not 
complied with. 

(6) Nothing in this section shall be construed to derogate from the provisions of the Indian Explosives 
Act, 1884 (4 of 1884), or any rule or order made under that Act, and nothing in sub-sections (4) and (5) 
shall be construed to apply to any goods entrusted for carriage by order or on behalf of the Government or 
to any goods which a soldier, sailor, airman or any other officer of the armed forces of the Union or a 
police officer or a member of the Territorial Army or of the National Cadet Corps may take with him on a 
railway in the course of his employment or duty as such. 

68.  Carriage  of  animals  suffering  from  infectious  or  contagious  diseases.—A  railway 
administration shall not be bound to carry any animal suffering from such infectious or contagious disease 
as may be prescribed. 

69. Deviation of route.—Where due to any cause beyond the control of a railway administration or 
due to congestion in the yard or any other operational reasons, goods are carried over a route other than 
the  route  by  which  such  goods  are  booked,  the  railway  administration  shall  not  be  deemed  to  have 
committed a breach of the contract of carriage by reason only of the deviation of the route. 

70. Prohibition of undue preference.—A railway administration shall not make or give any undue 
or  unreasonable  preference  or  advantage  to,  or  in  favour  of,  any  particular  person  or  any  particular 
description of traffic in the carriage of goods. 

71. Power to give direction in regard to carriage of certain goods.—(1) The Central Government 
may, if it is of the opinion that it is necessary in the public interest so to do, by general or special order, 
direct any railway administration— 

(a)  to  give  special  facilities  for,  or  preference  to,  the  carriage  of  such  goods  or  class  of  goods 
consigned by or to the Central Government or the Government of any State or of such other goods or 
class of goods; 

(b) to carry any goods or class of goods by such route or routes and at such rates; 

(c)  to  restrict  or  refuse  acceptance  of  such  goods  or  class  of  goods  at  or  to  such  station  for 

carriage,  

as may be specified in the order. 

(2) Any order made under sub-section (1) shall cease to have effect after the expiration of a period of 
one year from  the date of such order, but may, by a  like order, be renewed from time to time for such 
period not exceeding one year at a time as may be specified in the order. 

(3)  Notwithstanding  anything  contained in  this  Act, every  railway  administration  shall  be  bound  to 
comply with any order given under sub-section (1) and any action taken by a railway administration in 
pursuance of any such order shall not be deemed to be a contravention of section 70. 

72. Maximum carrying capacity for wagons and trucks.—(1) The gross weight of every wagon or 
truck bearing on the axles when the wagon or truck is loaded to its maximum carrying capacity shall not 
exceed such limit as may be fixed by the Central Government for the class of axle under the wagon or 
truck. 

(2) Subject to the limit fixed under sub-section (1), every railway administration shall determine the 
normal carrying capacity for every wagon or truck in its possession and shall exhibit in words and figures 
the normal carrying capacity so determined in a conspicuous manner on the outside of every such wagon 
or truck. 

(3) Every person owning a wagon or truck which passes over a railway shall determine and exhibit 

the normal carrying capacity for the wagon or truck in the manner specified in sub-section (2). 

31 

 
(4)  Notwithstanding  anything  contained  in  sub-section  (2)  or  sub-section  (3),  where  a  railway 
administration considers it necessary or expedient so to do in respect of any wagon or truck carrying any 
specified class of goods or any class of wagons or trucks of any specified type, it may vary the normal 
carrying capacity for such wagon or truck or such class of wagons or trucks and subject to such conditions 
as it may think fit to impose, determine for the wagon or truck or class of wagons or trucks such carrying 
capacity  as  may  be  specified  in  the  notification  and  it  shall  not  be  necessary  to  exhibit  the  words  and 
figures representing the carrying capacity so determined on the outside of such wagon or truck or  such 
class of wagons or trucks. 

73. Punitive charge for overloading a wagon.—Where a person loads goods in a wagon beyond its 
permissible  carrying  capacity  as  exhibited  under  sub-section  (2)  or  sub-section  (3),  or  notified  under  
sub-section (4), of section 72, a railway administration may, in addition to the freight and other charges, 
recover from the consignor, the consignee or the endorsee, as the case may be, charges by way of penalty 
at such rates, as may be prescribed, before the delivery of the goods: 

Provided that it shall be lawful for the railway administration to unload the goods loaded beyond the 
capacity of the wagon, if detected at the forwarding station or at any place before the destination station 
and to recover the cost of such unloading and any charge for the detention of any wagon on this account. 

74.  Passing  of  property  in  the  goods  covered  by  railway  receipt.—The  property  in  the 
consignment covered by a railway receipt shall pass to the consignee or the endorsee, as the case may be, 
on  the  delivery  of  such  railway  receipt  to  him  and  he  shall  have  all  the  rights  and  liabilities  of  the 
consignor. 

75. Section 74 not to affect right of stoppage in transit or claims for freight.—Nothing contained 

in section 74 shall prejudice or affect— 

(a)  any  right  of the consignor  for  stoppage  of  goods in  transit  as an  unpaid  vendor  (as  defined 

under the Sale of Goods Act, 1930 [3 of 1930] ) on his written request to the railway administration; 

(b) any right of the railway to claim freight from the consignor; or 

(c) any liability of the consignee or the endorsee, referred to in that section, by reason of his being 

such consignee or endorsee. 

76. Surrender of railway receipt.—The railway administration shall deliver the consignment under 

a railway receipt on the surrender of such railway receipt: 

Provided that in case the railway receipt is not forthcoming, the consignment may be delivered to the 
person, entitled in the opinion of the railway administration to receive the goods, in such manner as may 
be prescribed. 

77. Power of railway administration to deliver goods or sale proceeds thereof in certain cases.—
Where no railway receipt is forthcoming and any consignment or the sale proceeds of any consignment 
are  claimed  by  two  or  more  persons,  the  railway  administration  may  withhold  delivery  of  such 
consignment or sale proceeds, as the case may be, and shall deliver such consignment or sale proceeds in 
such manner as may be prescribed. 

78. Power to measure, weigh, etc.—Notwithstanding anything contained in the railway receipt, the 

railway administration may, before the delivery of the consignment, have the right to— 

(i) re-measure, re-weigh or re-classify any consignment; 

(ii) re-calculate the freight and other charges; and 

(iii) correct any other error or collect any amount that may have been omitted to be charged. 

79.  Weighment  of  consignment  on  request  of  the  consignee  or  endorsee.—A  railway 
administration  may,  on  the  request  made  by  the  consignee  or  endorsee,  allow  weighment  of  the 
consignment  subject  to  such  conditions  and  on  payment  of  such  charges  as  may  be  prescribed  and  the 
demurrage charges if any: 

32 

 
Provided that except in cases where a railway servant authorised in this behalf considers it necessary 
so  to  do,  no  weighment  shall  be  allowed  of  goods  booked  at  owner’s  risk  rate  or  goods  which  are 
perishable and are likely to lose weight in transit: 

Provided further that no request for weighment of consignment in wagon-load or train-load shall be 
allowed if the weighment is not feasible due to congestion in the yard or such other circumstances as may 
be prescribed. 

80.  Liability  of  railway  administration  for  wrong  delivery.—Where  a  railway  administration 
delivers the consignment to the person who produces the railway receipt, it shall not be responsible for 
any wrong delivery on the ground that such person is not entitled thereto or that the endorsement on the 
railway receipt is forged or otherwise defective 

81.  Open  delivery  of  consignments.—Where  the  consignment  arrives  in  a  damaged  condition  or 
shows signs of having been tampered with and the consignee or the endorsee demands open delivery, the 
railway administration shall give open delivery in such manner as may be prescribed. 

82.  Partial  delivery  of  consignments.—(1)  The  consignee  or  endorsee  shall,  as  soon  as  the 
consignment  or  part  thereof  is  ready  for  delivery,  take  delivery  of  such  consignment  or  part  thereof 
notwithstanding that such consignment or part thereof is damaged 

 (2)  In  the  case  of  partial  delivery  under  sub-section  (1),  the  railway  administration  shall  furnish  a 

partial delivery certificate, in such form as may be prescribed. 

(3)  If  the  consignee  or  endorsee  refuses  to  take  delivery  under  sub-section  (1),  the  consignment  or 

part thereof shall be subject to wharfage charges beyond the time allowed for removal. 

83. Lien for freight or any other sum due.—(1) If the consignor, the consignee or the endorsee fails 
to pay on demand any freight or other charges due from him in respect of any consignment, the railway 
administration may detain such consignment or part thereof or, if such consignment is delivered, it may 
detain any other consignment of such person which is in, or thereafter comes into its possession. 

(2) The railway administration may, if the consignment detained under sub-section (1) is— 

(a) perishable in nature, sell at once; or 

(b) not perishable in nature, sell, by public auction, 

such  consignment  or  part  thereof,  as  may  be  necessary  to  realise  a  sum  equal  to  the  freight  or  other 
charges: 

Provided that where a railway administration for reasons to be recorded in writing is of the opinion 
that it is not expedient to hold the auction, such consignment or part thereof may be sold in such manner 
as may be prescribed. 

(3) The railway administration shall give a notice of not less than seven days of the public auction 
under  clause  (b)  of  sub-section  (2)  in  one  or  more  local  newspapers  or  where  there  are  no  such 
newspapers in such manner as may be prescribed. 

(4) The railway administration may, out of the sale proceeds received under sub-section (2), retain a 
sum equal to the freight and other charges including expenses for the sale due to it and the surplus of such 
proceeds and the part of the consignment, if any, shall be rendered to the person entitled thereto. 

84. Unclaimed consignment.—(1) If any person fails to take delivery of— 

(a) any consignment; or 

(b) the consignment released from detention made under sub-section (1) of section 83; or 

(c) any remaining part of the consignment under sub-section (2) of section 83, 

such consignment shall be treated as unclaimed. 

(2) The railway administration may,— 

33 

 
(a) in the case of an unclaimed consignment which is perishable in nature, sell such consignment 

in the manner provided in clause (a) of sub-section (2) of section 83; or 

(b) in the case of an unclaimed consignment which is not perishable in nature, cause a notice to 
be served upon the consignee if his name and address are known, and upon the consignor if the name 
and address of the consignee are not known, requiring him to remove the goods within a period of 
seven days from the receipt thereof and if such notice cannot be served or there is a failure to comply 
with  the  requisition  in  the  notice,  sell  such  consignment  in  the  manner  provided  in  clause  (b)  of  
sub-section (2) of section 83. 

(3) The railway administration shall, out of the sale proceeds received under sub-section (2), retain a 
sum equal to the freight and other charges including expenses for the sale due to it and the surplus, if any, 
of such sale proceeds shall be rendered to the person entitled thereto. 

85. Disposal of perishable consignments in certain circumstances.—(1) Where by reason of any 
flood, land-slip, breach of any lines of rails, collision between trains, derailment of, or other accident to a 
train or any other cause, traffic on any route is interrupted and there is no likelihood of early resumption 
of such traffic, nor is there any other reasonable route whereby traffic of perishable consignment may be 
diverted to prevent, loss or deterioration of, or damage to, such consignment, the railway administration 
may sell them in the manner provided in clause (a) of sub-section (2) of section 83. 

(2) The railway administration shall, out of the sale proceeds received under sub-section (1), retain a 
sum equal to the freight and other charges including expenses for the sale due to it and the surplus, if any, 
of such sale proceeds, shall be rendered to the person entitled thereto. 

86.  Sales  under  sections  83  to  85  not  to  affect  the  right  to  suit.—Notwithstanding  anything 
contained in this Chapter, the right of sale under sections 83 to 85 shall be without prejudice to the right 
of the railway administration to recover by suit, any freight, charge, amount or other expenses due to it. 

87. Power to make rules in respect of matters in this Chapter.—(1) The Central Government may, 

by notification, make rules to carry out the purposes of this Chapter. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  goods  in  respect  of  which  no  forwarding  note  shall  be  executed  under  proviso  to  

sub-section (1) of section 64; 

(b) dangerous and offensive goods for the purposes of sub- section (1) of section 67; 

(c) infectious or contagious diseases for the purposes of section 68; 

(d) rates of penalty charges under section 73; 

(e)  the  manner  in  which  the  consignment  may  be  delivered  without  a  railway  receipt  under 

section 76; 

(f) the manner of delivery of consignment or the sale proceeds to the person entitled thereto under 

section 77; 

(g)  the  conditions  subject  to  which  and  charges  payable  for  allowing  weighment  and 
circumstances  for  not  allowing  weighment  of  consignment  in  wagon-load  or  train-load  under  
section 79; 

(h) the manner of giving open delivery under section 81; 

(i) the form of partial delivery certificate under sub-section (2) of section 82; 

(j)  the  manner  of  sale  of  consignment  or  part  thereof  under  the  proviso  to  sub-section  (2)  of 

section 83; 

(k) the manner in which a notice under sub-section (3) of section 83 may be given; 

(l) generally, for regulating the carriage of goods by the railways. 

34 

 
(3)  Any  rule  made  under  this  section  may  provide  that  a  contravention  thereof  shall  be  punishable 

with fine which may extend to one hundred and fifty rupees. 

(4) Every railway administration shall keep at each station a copy of the rules for the time being in 

force under this section, and shall allow any person to refer to it free of charge. 

SPECIAL PROVISIONS AS TO GOODS BOOKED TO NOTIFIED STATIONS 

88. Definitions.—In this Chapter, unless the context otherwise requires,— 

CHAPTER X 

(a) “essential commodity” means an essential commodity as defined in clause (a) of section 2 of 

the Essential Commodities Act, 1955 (10 of 1955); 

(b) “notified station” means a station declared to be a notified station under section 89; 

(c)  “State  Government”,  in  relation  to  a notified  station,  means  the  Government  of the  State  in 
which such station is situated, or where such station is situated in a Union territory, the administrator 
of that Union territory appointed under article 239 of the Constitution. 

89. Power to declare notified stations.—(1) The Central Government may, if it is satisfied that it is 
necessary  that  goods  entrusted  for  carriage  by  train  intended  solely  for  the  carriage  of  goods  to  any 
railway station should be removed without delay from such railway station, declare, by notification, such 
railway station to be a notified station for such period as may be specified in the notification: 

Provided that before declaring any railway station to be a notified station under this sub-section, the 

Central Government shall have regard to all or any of the following factors, namely:— 

(a) the volume of traffic and the storage space available at such railway station; 

(b) the nature and quantities of goods generally booked to such railway station; 

(c) the scope for causing scarcity of such goods by not removing them for long periods from such 

railway station and the hardship which such scarcity may cause to the community; 

(d) the number of wagons likely to be held up at such railway station if goods are not removed 

therefrom quickly and the need for quick movement and availability of such wagons; 

(e) such other factors (being relevant from the point of view of the interest of the general public) 

as may be prescribed: 

Provided further that the period specified in any notification issued under this sub-section in respect 
of  any  railway  station  shall  not  exceed  six  months  in  the  first  instance,  but  such  period  may,  by 
notification, be extended from time to time by a period not exceeding six months on each occasion. 

(2) If any person entrusting any goods to a railway administration to be carried to a notified station 
makes an application in such form and manner as may be prescribed and specifies therein the address of 
the person to whom intimation by registered post of the arrival of the goods at the notified station shall be 
given and pays the postage charges required for giving such intimation, the railway administration shall, 
as soon as may be after the arrival of the goods at the notified station, send such intimation accordingly. 

(3)  There  shall  be  exhibited  at  a  conspicuous  place  at  each  notified  station  a  statement  in  the 
prescribed  form  setting  out  the  description  of the  goods  which by  reason of the fact that they  have  not 
been removed from the station within a period of seven days from the termination of transit thereof are 
liable to be sold, in accordance with the provision, of sub-section (1) of section 90 by public auction and 
the dates on which they would be so sold:  

Provided  that  different  statements  may  be  so  exhibited  in  respect  of  goods  proposed  to  be  sold  on 

different dates. 

(4)  If  the  goods  specified  in  any  statement  to  be  exhibited  under  sub-section  (3)  include  essential 
commodities, the railway servant preparing the statement shall, as soon as may be after the preparation of 
such statement, forward a copy thereof to— 

(a) the representative of the Central Government nominated by that Government in this behalf; 

35 

 
(b) the representative of the State Government nominated by that Government in this behalf; and 

(c)  the  District  Magistrate  within  the  local  limits  of  whose  jurisdiction  the  railway  station  is 

situated. 

90. Disposal of unremoved goods at notified stations.—(1) If any goods entrusted for carriage to 
any notified station by a train intended solely for the carriage of goods are not removed from such station 
by a person entitled to do so within a period of seven days after the termination of transit thereof at such 
station, the railway administration may, subject to the provisions of sub-section (2), sell  such goods by 
public auction and apart from exhibiting, in accordance with the provisions of sub-section (3) of section 
89, a statement containing a description of such goods, it shall not be necessary to give any notice of such 
public auction, but the date on which such auction may be held under this sub-section may be notified in 
one  or  more  local  newspapers,  or  where  there  are  no  such  newspapers,  in  such  manner  as  may  be 
prescribed: 

Provided that if at any time before the sale of such goods under this sub-section, the person entitled 
thereto  pays  the  freight  and  other  charges  and  the  expenses  due  in  respect  thereof  to  the  railway 
administration, he shall be allowed to remove such goods. 

(2) If any goods which may be sold by public auction under sub-section (1) at a notified station, being 
essential commodities, are required by the Central Government or the State Government for its own use 
or  if  the  Central  Government  or  such  State  Government  considers  that  it  is  necessary  for  securing  the 
availability of all or any such essential commodities at fair prices so to do, it may, by order in writing, 
direct  the  railway  servant  in-charge  of  such  auction  to  transfer  such  goods  to  it  or  to  such  agency,  
co-operative society or other person (being an agency, co-operative society or other person subject to the 
control  of  the  Government)  engaged  in  the  business  of  selling  such  essential  commodities  as  may  be 
specified in the direction. 

(3)  Every  direction  issued  under  sub-section  (2)  in  respect  of  any  essential  commodity  shall  be 
binding  on  the  railway  servant  to  whom  it  is  issued  and  the  railway  administration  and  it  shall  be  a 
sufficient defence against any claim by the person entitled to the goods that such essential commodities 
have been transferred in compliance with such direction: 

Provided that— 

(a) such direction shall not be binding on such railway servant or the railway administration— 

(i)  if  it  has  not  been  received  by  the  railway  servant  sufficiently  in  time  to  enable  him  to 

prevent the sale of the essential commodities to which it relates; or 

(ii)  if  before  the  time  appointed  for  such  sale,  the  person  entitled  to  such  goods  pays  the 
freight and other charges and the expenses due in respect thereof and claims that he be allowed to 
remove the goods; or 

(iii) if the price payable for such goods (as estimated by the Central Government or, as the 
case may be, the State Government) is not credited to the railway administration in the prescribed 
manner and the railway administration is not indemnified against any additional amount which it 
may become liable to pay towards the price by reason of the price not having been computed in 
accordance with the provisions of sub-section (4); 

(b) where directions are issued in respect of the same goods both by the Central Government and 

the State Government, the directions received earlier shall prevail. 

(4) The price payable for any essential commodity transferred in compliance with a direction issued 
under sub-section (2) shall be the price calculated in accordance with the provisions of sub-section (3) of 
section 3 of the Essential Commodities Act, 1955 (10 of 1955). 

Provided that— 

(a)  in  the  case  of  any  essential  commodity  being  a  food-stuff  in  respect  whereof  a  notification 
issued under sub-section (3A) of section 3 of the Essential Commodities Act, 1955 (10 of 1955) is in 
force in the locality in which the notified station is situated, the price payable shall be calculated in 
accordance with the provisions of clauses (iii) and (iv) of that sub-section; 

36 

 
(b)  in  the  case  of  an  essential  commodity  being  any  grade  or  variety  of  foodgrains,  edible  oil-
seeds or edible oils in respect were of no notification issued under sub-section (3A) of section 3 of the 
Essential Commodities Act, 1955 (10 of 1955), is in force in the locality in which the notified station 
is situated, the price payable shall be calculated in accordance with the provisions of sub-section (3B) 
of that section; 

(c)  in  the  case  of  an  essential  commodity  being  any  kind  of  sugar  in  respect  whereof  no 
notification  issued  under  sub-section  (3A)  of  section  3  of  the  Essential  Commodities  Act,  1955  
(10 of 1955), is in force in the locality in which the notified station is situated, the price payable shall, 
if  such  sugar  has  been  booked  by  them  producer  to  himself,  be  calculated  in  accordance  with  the 
provisions of sub-section (3C) of that section. 

Explanation.—For the purposes of this clause, the expressions “producer” and “sugar” shall have 
the meanings a signed to these expressions in the  Explanation to sub-section (3C) of section 3, and 
clause (e) of section 2 of the Essential Commodities Act, 1955 (10 of 1955), respectively. 

91. Price to be paid to person entitled after deducting dues.—(1) Out of the proceeds of any sale 
of goods under sub-section (1) of section 90 or the price payable therefor under sub-section (4) of that 
section, the railway administration may retain a sum equal to the freight and other charges due in respect 
of such goods and the expenses incurred in respect of the goods and the auction thereof and render the 
surplus, if any, to the person entitled thereto. 

(2) Notwithstanding anything contained in sub-section (1), the railway administration may recover by 

suit any such freight or charge or expenses referred to therein or balance thereof. 

(3)  Any  goods  sold  under  sub-section  (1)  of  section  90  or  transferred  in  compliance  with  the 
directions issued under sub-section (2) of that section shall vest in the buyer or the transferee free from all 
encumbrances  but  subject  to  a  priority  being  given  for  the  sum  which  may  be  retained  by  a  railway 
administration under sub-section (1), the person in whose favour such encumbrance subsits may have a 
claim in respect of such encumbrance against the surplus, if any, referred to in that sub-section. 

92. Power to make rules in respect of matters in this Chapter.—(1) The Central Government may, 

by notification, make rules to carry out the purposes of this Chapter. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  factors  to  which  the  Central  Government  shall  have  regard  under  clause  (e)  of  the  first 

proviso to sub-section (1) of section 89; 

(b)  the  form  and  manner  in  which  an  application  may  be  made  under  sub-section  (2)  of  

section 89; 

(c) the form in which a statement is required to be exhibited under sub-section (3) of section 89; 

(d)  the  manner  in  which  the  dates  of  public  auctions  may  be  notified  under  sub-section  (1)  of 

section 90; 

(e)  the  manner  of  crediting  to  the  railway  administration  the  price  of  goods  referred  to  in  

sub-clause (iii) of clause (a) of the proviso to sub-section (3) of section 90. 

CHAPTER XI 

RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS 

93.  General  responsibility  of  a  railway  administration  as  carrier  of  goods.—Save  as  otherwise 
provided  in  this  Act,  a  railway  administration  shall  be  responsible  for  the  loss,  destruction,  damage  or 
deterioration in transit, or non-delivery of any consignment, arising from any cause except the following, 
namely:— 

(a) act of God; 

(b) act of war; 

(c) act of public enemies; 

37 

 
(d) arrest, restraint or seizure under legal process; 

(e)  orders  or  restrictions  imposed  by  the  Central  Government  or  a  State  Government  or  by  an 
officer or authority subordinate to the Central Government or a State Government authorised by it in 
this behalf; 

(f) act or omission or negligence of the consignor or the consignee or the endorsee or the agent or 

servant of the consignor or the consignee or the endorsee; 

(g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the 

goods; 

(h) latent defects; 

(i) fire, explosion or any unforeseen risk: 

Provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to 
have arisen from any one or more of the aforesaid causes, the railway administration shall not be relieved 
of  its  responsibility  for  the  loss,  destruction,  damage,  deterioration  or  non-delivery  unless  the  railway 
administration further proves that it has used reasonable foresight and care in the carriage of the goods. 

94.  Goods  to  be  loaded  or  delivered  at  a  siding  not  belonging  to  a  railway  administration.— 
(1)  Where  goods  are  required  to  be  loaded  at  a  siding  not  belonging  to  a  railway  administration  for 
carriage by railway, the railway administration shall not be responsible for any loss, destruction, damage 
or  deterioration  of  such  goods  from  whatever  cause  arising,  until  the  wagon  containing  the  goods  has 
been  placed  at  the  specified  point  of  interchange  of  wagons  between  the  siding  and  the  railway 
administration and a railway servant authorised in this behalf has been informed in writing accordingly by 
the owner of the siding. 

(2)  Where  any  consignment  is  required  to  be  delivered  by  a  railway  administration  at  a  siding  not 
belonging  to  a  railway  administration,  the  railway  administration  shall  not  be  responsible  for  any  loss, 
destruction,  damage  or  deterioration  or  non-delivery  of  such  consignment  from  whatever  cause  arising 
after  the  wagon  containing  the  consignment  has  been  placed  at  the  specified  point  of  interchange  of 
wagons  between  the  railway  and  the  siding  and  the  owner  of  the  siding  has  been  informed  in  writing 
accordingly by a railway by a railway servant authorised in this behalf. 

95.  Delay  or  retention  in  transit.—A  railway  administration  shall  not  be  responsible  for  the  loss, 
destruction, damage or deterioration of any consignment proved by the owner to have been caused by the 
delay or detention in their carriage if the railway administration proves that the delay or  detention arose 
for reasons beyond its control or without negligence or misconduct on its part or on the part of any of its 
servants. 

96.  Traffic  passing  over  railways  in  India  and  railways  in  foreign  countries.—Where  in  the 
course  of  carriage  of  any  consignment  from  a  place  in  India  to  a  place  outside  India  or  from  a  place 
outside India to a place in India or from one place outside India to another place outside India or from one 
place in India to another place in India over any territory outside India, it is carried over the railways of 
any railway administration in India, the railway administration shall not be responsible under any of the 
provisions of this Chapter for the loss, destruction, damage or deterioration of the goods, from whatever 
cause  arising,  unless  it  is  proved  by  the  owner  of  the  goods  that  such  loss,  destruction,  damage  or 
deterioration arose over the railway of the railway administration. 

97.  Goods  carried  at  owner’s  risk  rate.—Notwithstanding  anything  contained  in  section  93,  a 
railway  administration  shall  not  be  responsible  for  any  loss,  destruction,  damage,  deterioration  or  non- 
delivery in transit, of any consignment carried at owner’s risk rate, from whatever cause arising, except 
upon proof, that such loss, destruction, damage, deterioration or non-delivery was due to negligence or 
misconduct on its part or on the part of any of its servants: 

Provided that,— 

(a)  where  the  whole  of  such  consignment  or  the  whole  of  any  package  forming  part  of  such 
consignment is not delivered to the consignee or the endorsee and such non-delivery is not proved by 
the railway administration to have been due to fire or to any accident to the train; or 

38 

 
(b)  where  in  respect  of  any  such  consignment  or  of  any  package  forming  part  of  such 
consignment which had been so covered or protected that the covering or protection was not readily 
removable by hand, it is pointed out to the railway administration on or before delivery that any part 
of that consignment or package had been pilfered in transit, 

the railway administration shall be bound to disclose to the consignor, the consignee or the endorsee how 
the consignment or the package was dealt with throughout the time it was in its possession or control, but 
if negligence or misconduct on the part of the railway administration or of any of its servants cannot be 
fairly inferred from such disclosure, the burden of proving such negligence or misconduct shall lie on the 
consignor, the consignee or the endorsee. 

98. Goods in defective condition or defectively packed.—(1) Notwithstanding anything contained 
in  the  foregoing  provisions  of  this  Chapter,  when  any  goods  entrusted  to  a  railway  administration  for 
carriage— 

(a)  are  in  a  defective  condition  as  a  consequence  of  which  they  are  liable  to  damage, 

deterioration, leakage or wastage; or 

(b)  are  either  defectively  packed  or  not  packed  in  such  manner  as  may  be  prescribed  and  as  a 

result of such defective or improper packing are liable to damage, deterioration, leakage or wastage, 

and the fact of such condition or defective or improper packing has been recorded by the consignor or his 
agent  in  the  forwarding  note,  the  railway  administration  shall  not  be  responsible  for  any  damage, 
deterioration, leakage or wastage or for the condition in which such goods are available for delivery at 
destination: 

Provided  that  the  railway  administration  shall  be  responsible  for  any  such  damage,  deterioration, 
leakage or wastage or for the condition in which such goods are available for delivery at destination if 
negligence or misconduct on the part of the railway administration or of any of its servants is proved. 

(2)  When  any  goods  entrusted  to  a  railway  administration  for  carriage  are  found  on  arrival  at  the 
destination  station  to  have  been  damaged  or  to  have  suffered  deterioration,  leakage  or  wastage,  the 
railway administration shall not be responsible for the damage, deterioration, leakage or wastage of the 
goods on proof by railway administration,— 

(a) that the goods were, at the time of entrustment to the railway administration, in a  defective 
condition,  or  were  at  that  time  either  defectively  packed  or  not  packed  in  such  manner  as  may  be 
prescribed and as a result of which were liable to damage, deterioration, leakage or wastage; and 

(b) that such defective condition or defective or improper packing was not brought to the notice 
of  the  railway  administration  or  any  of  its  servants  at  the  time  of  entrustment  of  the  goods  to  the 
railway administration for carriage by railway: 

Provided  that  the  railway  administration  shall  be  responsible  for  any  such  damage,  deterioration, 
leakage or wastage if negligence or misconduct on the part of the railway administration or of any of its 
servants is proved. 

99.  Responsibility  of  a  railway  administration  after  termination  of  transit.—(1)  A  railway 
administration shall be responsible as a bailee under sections 151, 152 and 161 of the Indian Contract Act, 
1872 (9 of 1872), for the loss, destruction, damage, deterioration or non-delivery of any consignment up 
to a period of seven days after the termination of transit: 

Provided that where the consignment is at owner’s risk rate, the railway administration shall not be 
responsible as a bailee for such loss, destruction, damage, deterioration or non-delivery except on proof of 
negligence or misconduct on the part of the railway administration or of any of its servants. 

(2) The railway administration shall not be responsible in any case for the loss, destruction, damage, 
deterioration or non-delivery of any consignment arising after the expiry of a period of seven days after 
the termination of transit. 

(3)  Notwithstanding  anything  contained  in  the  foregoing  provisions  of  this  section,  a  railway 
administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of 

39 

 
perishable goods, animals, explosives and such dangerous or other goods as may be prescribed, after the 
termination of transit. 

(4) Nothing in the foregoing provisions of this section shall affect the liability of any person to pay 
any demurrage or wharfage, as the case may be, for so long as the consignment is not unloaded from the 
railway wagons or removed from the railway premises. 

100. Responsibility as carrier of luggage.—A railway administration shall not be responsible for the 
loss,  destruction,  damage,  deterioration  or  non-delivery  of  any  luggage  unless  a  railway  servant  has 
booked  the  luggage  and  given  a  receipt  therefor  and  in  the  case  of  luggage  which  is  carried  by  the 
passenger in his charge, unless it is also proved that the loss, destruction, damage or deterioration was due 
to the negligence or misconduct on its part or on the part of any of its servants. 

101. Responsibility as a carrier of animals.—A railway administration shall not be responsible for 
any loss or destruction of, or injuries to, any animal carried by railway arising from freight or restiveness 
of the animal or from overloading of wagons by the consignor. 

102.  Exoneration  from  liability  in  certain  cases.—Notwithstanding  anything  contained  in  the 
foregoing  provisions  of  this  Chapter,  a  railway  administration  shall  not  be  responsible  for  the  loss, 
destruction, damage, deterioration or non-delivery of any consignment,— 

(a)  when  such  loss,  destruction,  damage,  deterioration  or  non-delivery  is  due  to  the  fact  that  a 
materially  false  description  of  the  consignment  is  given  in  the  statement  delivered  under  
sub-section (1) of section 66; or 

(b) where a fraud has been practised by the consignor or the consignee or the endorsee or by an 

agent of the consignor, consignee or the endorsee; or 

(c)  where  it  is  proved  by  the  railway  administration  to  have  been  caused  by,  or  to  have  arisen 

from— 

(i) improper loading or unloading by the consignor or the consignee or the endorsee or by an 

agent of the consignor, consignee or the endorsee; 

(ii)  riot,  civil  commotion,  strike,  lock-out,  stoppage  or  restraint  of    labour  from  whatever 

cause arising whether partial or general; or 

(d) for any indirect or consequential loss or damage or for loss of particular market. 

103. Extent of monetary liability in respect of any consignment.—(1) Where any consignment is 
entrusted to a railway administration for carriage by railway and the value of such  consignment has not 
been declared as required under sub-section (2) by the consignor, the amount of liability of the railway 
administration for the loss, destruction, damage, deterioration or non-delivery of the consignment shall in 
no  case  exceed  such  amount  calculated  with  reference  to  the  weight  of  the  consignment  as  may  be 
prescribed, and where such consignment consists of an animal, the liability shall not exceed such amount 
as may be prescribed. 

(2) Notwithstanding anything contained in sub-section (1), where the consignor declares the value of 
any  consignment  at the time  of  its  entrustment  to  a railway  administration for carriage  by  railway,  and 
pays such percentage charge as may be prescribed on so much of the value of such consignment as is in 
excess of the liability of the railway administration as calculated or specified, as the case may be, under 
sub-section (1), the liability of the railway administration for the loss, destruction, damage, deterioration 
or non-delivery of such consignment shall not exceed the value so declared. 

(3) The Central Government may, from time to time, by notification, direct that such goods as may be 
specified in the notification shall not be accepted for carriage by railway unless the value of such goods is 
declared and percentage charge is paid as required under sub-section (2). 

104.  Extent  of  liability  in  respect  of  goods  carried  in  open  wagon.—Where  any  goods,  which, 
under  ordinary  circumstances,  would  be  carried  in  covered  wagon  and  would  be  liable  to  damage,  if 
carried otherwise, are with the consent of the consignor, recorded in the forwarding note, carried in open 
wagon,  the responsibility  of  railway  administration  for  destruction,  damage  or  deterioration  which  may 

40 

 
arise only by reason of the goods being so carried, shall be one-half of the amount of liability for such 
destruction, damage or deterioration determined under this Chapter. 

105.  Right  of  railway  administration  to  check  contents  of  certain  consignment  or  luggage.—
Where  the  value  has  been  declared  under  section  103  in  respect  of  any  consignment  a  railway 
administration may make it a condition of carrying such consignment that a railway servant authorised by 
it in this behalf has been satisfied by examination or otherwise that the consignment tendered for carriage 
contain the articles declared. 

106.  Notice  of  claim  for  compensation  and  refund  of  overcharge.—(1)  A  person  shall  not  be 
entitled  to  claim  compensation  against  a  railway  administration  for  the  loss,  destruction,  damage, 
deterioration or non-delivery of goods carried by railway, unless a notice thereof is served by him or on 
his behalf,— 

(a) to the railway administration to which the goods are entrusted for carriage; or 

(b)  to  the  railway  administration  on  whose  railway  the  destination  station  lies,  or  the  loss, 

destruction, damage or deterioration occurs,  

within a period of six months from the date of entrustment of the goods. 

(2) Any information demanded or enquiry made in writing from, or any complaint made in writing to, 
any of the railway administrations mentioned in sub-section (1) by or on behalf of the person within the 
said  period  of  six  months  regarding  the  non-delivery  or  delayed  delivery  of  the  goods  with  particulars 
sufficient to identify the goods shall, for the purpose of this section, be deemed to be a notice of claim for 
compensation. 

(3) A person shall not be entitled to a refund of an overcharge in respect of goods carried by railway 
unless a notice therefor has been served by him or on his behalf to the railway administration to which the 
overcharge has been paid within six months from the date of such payment or the date of delivery of such 
goods at the destination station, whichever is later. 

107. Applications for compensation for loss, etc., of goods.—An application for compensation for 
loss,  destruction,  damage,  deterioration  or  non-delivery  of  goods  shall  be  filed  against  the  railway 
administration on whom a notice under section 106 has been served. 

108. Person entitled to claim compensation.—(1) If a railway administration pays compensation for 
the  loss,  destruction,  damage,  deterioration  or  non-delivery  of  goods  entrusted  to  it  for  carriage,  to  the 
consignee  or  the endorsee producing  the railway  receipt,  the railway  administration shall  be deemed  to 
have discharged its liability and no application before the Claims Tribunal or any other legal proceeding 
shall  lie  against  the  railway  administration  on  the  ground  that  the  consignee  or  the  endorsee  was  not 
legally entitled to receive such compensation. 

(2) Nothing in sub-section (1) shall affect the right of any person having any interest in the goods to 

enforce the same against the consignee or the endorsee receiving compensation under that sub-section. 

109. Railway administration against which application for compensation for personal injury is 
to be filed.—An application before the Claims Tribunal for compensation for the loss of life or personal 
injury to a passenger, may be instituted against,— 

(a) the railway administration from which the passenger obtained his pass or purchased his ticket, 

or 

(b) the railway administration on whose railway the destination station lies or the loss or personal 

injury occurred. 

110.  Burden  of  proof.—In  an  application  before  the  Claims  Tribunal  for  compensation  for  loss, 

destruction, damage, deterioration or non-delivery of any goods, the burden of proving— 

(a) the monetary loss actually sustained; or 

(b)  where  the  value  has  been  declared  under  sub-section  (2)  of  section  103  in  respect  of  any 

consignment that the value so declared is its true value, 

41 

 
shall lie on the person claiming compensation, but subject to the other provisions contained in this Act, it 
shall not be necessary for him to prove how the loss, destruction, damage, deterioration or non-delivery 
was caused. 

111.  Extent  of  liability  of  railway  administration  in  respect  of  accidents  at  sea.—(1)  When  a 
railway  administration  contracts  to  carry  passengers  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  goods  which  may  happen  during  the  carriage  by  sea  from  act  of  God,  public 
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 shall, without being expressed, be deemed 
to be part of the contract, and, subject to that condition, the railway administration shall, irrespective of 
the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of life, 
personal injury or loss of or damage to goods which may happen during the carriage by sea, to the extent 
to which it would be responsible under the Merchant Shipping Act, 1958 (44 of 1958), if the ships were 
registered  under  that  Act and  the  railway  administration  were  owner  of the ship  and  not to any  greater 
extent. 

(2)  The  burden  of  proving  that  any  such  loss,  injury  or  damage  as  is  mentioned  in  sub-section  (1) 

happened during the carriage by sea shall lie on the railway administration. 

112.  Power  to  make  rules  in  respect  of  matters  in  this  Chapter.—(1)  The  Central  Government 

may, by notification, make rules to carry out the purposes of this Chapter. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  manner  of  packing  of  goods  entrusted  to  a  railway  administration  under  clause  (b)  of  

sub-section (1) of section 98; 

(b) the goods for the purposes of sub-section (3) of section 99; and 

(c) the maximum amount payable by the railway administration for the loss, destruction, damage, 

deterioration or non-delivery of any consignment under sub-section (1) of section 103. 

CHAPTER XII 

ACCIDENTS 

113. Notice of railway accident.—(1) Where, in the course of working a railway,— 

(a)  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 

(b) any collision between trains of which one is a train carrying passengers; or 

(c) the derailment of any train carrying passengers, or of any part of such train; or 

(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; or 

(e) any accident of any other description which the Central Government may notify in this behalf 

in the Official Gazette,  

occurs, the station master of the station nearest to the place at which the accident occurs or where there is 
no station master, the railway servant in charge of the section of the railway on which the accident occurs, 
shall, without delay, give notice of the accident to the District Magistrate and Superintendent of Police, 
within whose jurisdiction the accident occurs, the officer in charge of the police station within the local 
limits of which the accident occurs and to such other Magistrate or police officer as may be appointed in 
this behalf by the Central Government. 

(2)  The  railway  administration  within  whose  jurisdiction  the  accident  occurs,  as  also  the  railway 
administration to whom the train involved in the accident belongs, shall without delay, give notice of the 
accident  to  the  State  Government  and  the  Commissioner  having  jurisdiction  over  the  place  of  the 
accident. 

42 

 
114. Inquiry by Commissioner.—(1) On the receipt of a notice under section 113 of the occurrence 
of an accident to a train carrying passengers resulting in loss of human life or grievous hurt causing total 
or  partial  disablement  of  permanent  nature  to  a  passenger  or  serious  damage  to  railway  property,  the 
Commissioner  shall,  as  soon  as  may  be,  notify  the  railway  administration  in  whose  jurisdiction  the 
accident occurred of his intention to hold an inquiry into the causes that led to the accident and shall at the 
same time fix and communicate the date, time and place of inquiry: 

Provided that it shall be open to the Commissioner to hold an inquiry into any other accident which, 

in his opinion, requires the holding of such an inquiry. 

(2)  If  for  any  reason,  the  Commissioner  is  not  able to  hold  an inquiry  as  soon  as  may  be  after  the 

occurrence of the accident, he shall notify the railway administration accordingly. 

115.  Inquiry  by  railway  administration.—Where  no  inquiry  is  held  by  the  Commissioner  under 
sub-section (1) of section 114 or where the Commissioner has informed the railway administration under 
sub-section  (2)  of  that  section  that  he  is  not  able  to  hold  an  inquiry,  the  railway  administration  within 
whose  jurisdiction  the  accident  occurs,  shall  cause  an  inquiry  to  be  made  in  accordance  with  the 
prescribed procedure. 

116.  Powers  of  Commissioner  in  relation  to  inquiries.—(1)  For  the  purpose  of  conducting  an 
inquiry  under  this  Chapter  into  the  causes  of  any  accident  on  a  railway,  the  Commissioner  shall,  in 
addition to the powers specified in section 7, have the powers as are vested in a civil court while trying a 
suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of persons and examining them on oath; 

(b) requiring the discovery and production of documents; 

(c) receiving evidence on affidavits; 

(d) requisitioning any public record or copies thereof from any court or office; 

(e) any other matter which may be prescribed. 

(2) The Commissioner while conducting an inquiry under this Chapter shall be deemed to be a Civil 
Court  for  the  purposes  of  section  195  and  Chapter  XXVI  of  the  Code  of  Criminal  Procedure,  1973  
(2 of 1974).  

117.  Statement  made  before  Commissioner.—No  statement  made  by  a  person  in  the  course  of 
giving evidence in an inquiry before the Commissioner shall subject him to, or be used against him in, 
any civil or criminal proceeding, except a prosecution for giving false evidence by such statement: 

Provided that the statement is— 

(a) made in reply to a question which is required by the Commissioner to answer; or 

(b) relevant to the subject-matter of the inquiry. 

118. Procedure, etc.—Any railway administration or the Commissioner conducting an inquiry under 
this Chapter may send notice of the inquiry to such persons, follow such procedure, and prepare the report 
in such manner as may be prescribed.  

119.  No  inquiry,  investigation,  etc.,  to  be  made  if  the  Commission  of  Inquiry  is  appointed.—
Notwithstanding anything contained in the foregoing provisions of this Chapter, where a Commission of 
Inquiry is appointed under the Commissions of Inquiry Act, 1952 (3 of 1952), to inquire into an accident, 
any inquiry, investigation or other proceeding pending in relation to that accident shall not be proceeded 
with, and all records or other documents relating to such inquiry shall be forwarded to such authority as 
may be specified by the Central Government in this behalf.  

120.  Inquiry  into  accident  not  covered  by  section  113.—Where  any  accident  of  the  nature  not 
specified  in  section  113  occurs  in  the  course  of  working  a  railway,  the  railway  administration  within 
whose jurisdiction the accident occurs, may cause such inquiry to be made into the causes of the accident, 
as may be prescribed. 

43 

 
121.  Returns.—Every  railway  administration  shall  send  to  the  Central  Government,  a  return  of 
accidents occurring on its railway, whether attended with injury to any person or not, in such form and 
manner and at such intervals as may be prescribed. 

122.  Power  to  make  rules  in  respect  of  matters  in  this  Chapter.—(1)  The  Central  Government 

may, by notification, make rules to carry out the purposes of this Chapter. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the injury to property which shall be considered serious under clause (a) of sub-section (1) of 

section 113; 

(b)  the  forms  of  notice  of  accidents  to  be  given  under  section  113  and  the  particulars  of  the 

accident such notices shall contain; 

(c)  the  manner  of  sending  the  notices  of  accidents,  including  the  class  of  accidents  to  be  sent 

immediately after the accident; 

(d) the duties of the Commissioner, railway administration, railway servants, police officers and 

Magistrates on the occurrence of an accident; 

(e) the persons to whom notices in respect of any inquiry under this Chapter are to be sent, the 
procedure to be followed in such inquiry and the manner in which a report of  such inquiry shall be 
prepared; 

(f)  the  nature  of  inquiry  to  be  made  by  a  railway  administration  into  the  causes  of  an  accident 

under section 120; 

(g)  the  form  and  manner  of  sending  a  return  of  accidents  by  a  railway  administration  under 

section 121. 

CHAPTER XIII 

LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERS DUE TO ACCIDENTS 

123. Definitions.—In this Chapter, unless the context otherwise requires,— 

(a) “accident” means an accident of the nature described in section 124; 

(b) “dependant” means any of the following relatives of a deceased passenger, namely:— 

(i) the wife, husband, son and daughter, and in case the deceased passenger is unmarried or is 

a minor, his parent; 

(ii) the parent, minor brother or unmarried sister, widowed sister, widowed daughter-in-law 
and a minor child of a pre-deceased son, if dependant wholly or partly on the deceased passenger; 

(iii) a minor child of a pre-deceased daughter, if wholly dependant on the deceased passenger; 

(iv) the paternal grand parent wholly dependant on the deceased passenger; 

1[(c) “untoward incident” means— 

(1) (i) the commission of a terrorist act within the meaning of sub-section (1) of section (3) of 

the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or 

(ii) the making of a violent attack or the commission of robbery or dacoity; or 

(iii) the indulging in rioting, shoot-out or arson, 

1. Ins. by Act 28 of 1994, s. 2 (w.e.f. 1-8-1994). 

44 

 
 
 
                                                           
by  any  person  in  or  on  any  train  carrying  passengers,  or  in  a  waiting  hall,  cloak  room  or 
reservation or booking office or on any platform or in any other place within the precincts of a 
railway station; or  

(2) the accidental falling of any passenger from a train carrying passengers.] 

124. Extent of liability.—When in the course of working a railway, an accident occurs, being either a 
collision between trains of which one is a train carrying passengers or the derailment of or other accident 
to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, 
neglect  or  default  on  the  part  of  the  railway  administration  such  as  would  entitle  a  passenger  who  has 
been  injured  or  has  suffered  a  loss  to  maintain  an  action  and  recover  damages  in  respect  thereof,  the 
railway  administration  shall,  notwithstanding  anything  contained  in  any  other  law,  be  liable  to  pay 
compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death 
of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or 
deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, 
sustained as a result of such accident. 

Explanation.—For the purposes of this section “passenger” includes a railway servant on duty. 
 1[124A.    Compensation  on  account  of  untoward  incidents.—When  in  the  course  of  working  a 
railway  an  untoward  incident  occurs,  then  whether  or  not  there  has  been  any  wrongful  act,  neglect  or 
default on the part of the railway administration such as would entitle a passenger who has been injured or 
the dependant of a passenger who has been killed to maintain an action and recover damages in respect 
thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to 
pay compensation to such extent as may be prescribed and to that extent only of loss occasioned by the 
death of, or injury to, a passenger as a result of such untoward incident: 

Provided that no compensation shall be payable under this section by the railway administration if the 

passenger dies or suffers injury due to— 

(a) suicide or attempted suicide by him; 

(b) self-inflicted injury; 

(c) his own criminal act; 

(d) any act committed by him in a state of intoxication or insanity; 

(e) any natural cause or disease or medical or surgical treatment unless such treatment becomes 

necessary due to injury caused by the said untoward incident. 

Explanation.—For the purpose of this section, “passenger” includes— 

(i) a railway servant on duty; and 

(ii) a person who has purchased a valid ticket for travelling, by a train carrying passengers, on any 

date or a valid platform ticket and becomes a victim of an untoward incident.]  
125.  Application  for  compensation.—(1)  An  application  for  compensation  under  section  124  2[or 

section 124A] may be made to the Claims Tribunal— 

(a) by the person who has sustained the injury or suffered any loss, or 

(b) by any agent duly authorised by such person in this behalf, or 

(c) where such person is a minor, by his guardian, or 
(d) where death has resulted from the accident  1[or the untoward incident], by any dependant of 

the deceased or where such a dependant is a minor, by his guardian. 

(2) Every application by a dependant for compensation under this section shall be for the benefit of 

every other dependant. 

1. Ins. by Act 28 of 1994, s. 3 (w.e.f. 1-8-1994). 
2. Ins. by s. 4, ibid.  (w.e.f. 1-8-1994). 

45 

 
                                                           
126. Interim relief by railway administration.—(1) Where a person who has made an application 
for  compensation  under  section  125  desires  to  be  paid  interim  relief,  he  may  apply  to  the  railway 
administration for payment of interim relief along with a copy of the application made under that section. 

(2) Where, on the receipt of an application made under sub-section (1) and after making such inquiry 
as it may deem fit, the railway administration is satisfied that circumstances exist which require relief to 
be  afforded  to  the  applicant  immediately,  it  may,  pending  determination  by  the  Claims  Tribunal  of the 
actual amount of compensation payable under section 124 1[or section 124A] pay to any person who has 
sustained the injury or suffered any loss, or where death has resulted from the accident, to any dependant 
of the deceased, such sum as it considers reasonable for affording such relief, so however, that the sum 
paid shall not exceed the amount of compensation payable at such rates as may be prescribed.  

(3) The railway administration shall, as soon as may be, after making an order regarding payment of 

interim relief under sub-section (2), send a copy thereof to the Claims Tribunal. 

(4) Any sum paid by the railway administration under sub-section (2) shall be taken into account by 

the Claims Tribunal while determining the amount of compensation payable. 

127.  Determination  of  compensation  in  respect  of  any  injury  or  loss  of  goods.—(1)  Subject  to 
such rules as may be made, the rates of compensation payable in respect of any injury shall be determined 
by the Claims Tribunal. 

(2) The compensation payable in respect of any loss of goods  shall be such as the Claims Tribunal 

may, having regard to the circumstances of the case, determine to be reasonable. 

128.  Saving  as  to  certain  rights.—(1)  The  right  of  any  person  to  claim  compensation  under  
section  124  2[or  section  124A]  shall  not  affect  the  right  of  any  such  person  to  recover  compensation 
payable under the Workmen’s Compensation Act, 1923 (8 of 1923), or any other law for the time being in 
force;  but  no  person  shall  be  entitled  to  claim  compensation  more  than  once  in  respect  of  the  same 
accident. 

(2)  Nothing  in  sub-section  (1)  shall  affect  the  right  of  any  person  to  claim  compensation  payable 
under any contract or scheme providing for payment of compensation for death or personal injury or for 
damage to property or any sum payable under any policy of insurance. 

129.  Power  to  make  rules  in  respect  of  matters  in  this  Chapter.—(1)  The  Central  Government 

may, by notification, make rules to carry out the purposes of this Chapter. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the compensation payable for death; 

(b)  the  nature  of  the  injuries  for  which  compensation  shall  be  paid  and  the  amount  of  such 

compensation. 

REGULATION OF HOURS OF WORK AND PERIOD OF REST 

130. Definitions.—In this Chapter, unless the context otherwise requires,— 

CHAPTER XIV 

(a) the employment of a railway servant is said to be “continuous” except when it is excluded or 

has been declared to be essentially intermittent or intensive; 

(b) the employment of a railway servant is said to be “essentially intermittent” when it has been 
declared to be so by the prescribed authority on the ground that the daily hours of duty of the railway 
servant normally include periods of inaction aggregating to fifty per cent. or more (including at least 
one such period of not less than one hour or two such periods of not less than half an hour each) in a 
tour  of  twelve  hours  duty  (on  the  average  over  seventy-two  consecutive  hours),  during  which  the 

1. Ins. by Act 28 of 1994, s. 5 (w.e.f. 1-8-1994). 
2. Ins. by s. 6, ibid. (w.e.f. 1-8-1994). 

46 

 
                                                           
railway servant may be on duty, but is not called upon to display either physical activity or sustained 
attention; 

(c) the employment of a railway servant is said to be “excluded”, if he belongs to any one of the 

following categories, namely:— 

(i) railway servants employed in a managerial or confidential capacity; 

(ii) armed guards or other personnel subject to discipline similar to that of  any of the armed 

police forces; 

(iii) staff of the railway schools imparting technical training or academic education; 

(iv) such staff as may be specified as supervisory under the rules; 

(v) such other categories of staff as may be prescribed; 

(d) the employment of a railway servant is said to be “intensive” when it has been declared to be 
so  by  the  prescribed  authority  on  the  ground  that  it  is  of  a  strenuous  nature  involving  continued 
concentration or hard manual labour with little or no period of relaxation. 

131. Chapter not to apply to certain railway servants.—Nothing in this Chapter shall apply to any 
railway servant to whom the Factories Act, 1948 (63 of 1948) or the Mines Act 1952 (35 of 1952) or the 
Railway  Protection  Force  Act,  1957  (23  of  1957)  or  the  Merchant  Shipping  Act,  1958  (44  of  1958), 
applies. 

132.  Limitation  of  hours  of  work.—(1)  A  railway  servant  whose  employment  is  essentially 

intermittent shall not be employed for more than seventy-five hours in any week. 

(2) A railway servant whose employment is continuous shall not be employed for more than fifty-four 

hours a week on an average in a two-weekly period of fourteen days. 

(3) A railway servant whose employment is intensive shall not be employed for more than forty-five 

hours a week on an average in a two-weekly period of fourteen days. 

(4) Subject  to such rules as may be prescribed, temporary exemptions of railway servants from the 
provisions  of  sub-section  (1)  or  sub-section  (2)  or  sub-section  (3)  may  be  made  by  the  prescribed 
authority  if  it  is  of  opinion  that  such  temporary  exemptions  are  necessary  to  avoid  serious  interference 
with  the  ordinary  working  of  the  railway  or  in  cases  of  accident,  actual  or  threatened,  or  when  urgent 
work is required to be done to the railway or to rolling stock or in any emergency which could not have 
been foreseen or prevented, or in other cases of exceptional pressure of work: 

Provided  that  where  such  exemption  results  in  the  increase  of  hours  of  employment  of  a  railway 
servant  referred  to  in  any  of  the  sub-sections,  he  shall  be  paid  overtime  at  not  less  than  two  times  his 
ordinary rate of pay for the excess hours of work. 

133. Grant of periodical rest.—(1) Subject to the provisions of this section, a railway servant— 

(a) whose employment is intensive or continuous shall, for every week commencing on a Sunday, 

be granted a rest of not less than thirty consecutive hours; 

(b) whose employment is essentially intermittent shall, for every week commencing on a Sunday, 

be granted a rest of not less than twenty-four consecutive hours including a full night. 

(2) Notwithstanding anything contained in sub-section (1),— 

(i)  any  locomotive  or  traffic  running  staff  shall  be  granted,  each  month,  a  rest  of  at  least  four 
periods  of  not  less  than  thirty  consecutive  hours  each  or  at  least  five  periods  of  not  less  than  
twenty-two consecutive hours each, including a full night; 

(ii) the Central Government may, by rules, specify the railway servants to whom periods of rest 

on scales less than those laid down under sub-section (1) may be granted and the periods thereof. 

47 

 
(3) Subject to such rules as may be made in this behalf, if the prescribed authority is of the opinion 
that such circumstances as are referred to in sub-section (4) of section 132 are present, it may exempt any 
railway servant from the provisions of sub-section (1) or clause (i) of sub-section (2): 

Provided  that a  railway  servant  so  exempted  shall, in  such  circumstances  as  may  be  prescribed,  be 

granted compensatory periods of rest for the periods he has foregone. 

134.  Railway  servant  to  remain  on  duty.—Nothing  in  this  Chapter  or  the  rules  made  thereunder 
shall, where due provision has been made for the relief of a railway servant, authorise him to leave his 
duty until he has been relieved. 

135. Supervisors of railway labour.—(1) Subject to such rules as may be made in this behalf, the 

Central Government may appoint supervisors of railway labour. 

(2) The duties of supervisors of railways labour shall be— 

(i) to inspect railways in order to determine whether the provisions of this Chapter or of the rules 

made thereunder are duly observed; and 

(ii) to perform such other functions as may be prescribed. 

(3) A supervisor of railway labour shall be deemed to be a Commissioner for the purposes of sections 

7 and 9. 

136.  Power  to  make  rules  in  respect  of  matters  in  this  Chapter.—(1)  The  Central  Government 

may, by notification, make rules to carry out the purposes of this Chapter. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  authorities  who  may  declare  the  employment  of  any  railway  servant  essentially 

intermittent or intensive; 

(b) the appeals against any such declaration and the manner in which, and the conditions subject 

to which any such appeal may be filed and heard; 

(c)  the  categories  of  staff  that  may  be  specified  under  sub-clauses  (iv)  and  (v)  of  clause  (c)  of 

section 130; 

(d) the authorities by whom exemptions under sub-section (4) of section 132 or sub-section (3) of 

section 133 may be made; 

(e) the delegation of power by the authorities referred to in clause (d); 

(f) the railway servant to whom clause (ii) of sub-section (2) of section 133 apply and the periods 

of rest to be granted to them; 

(g) the appointment of supervisors of railway labour and their functions.  

CHAPTER XV 

PENALTIES AND OFFENCES 

137. Fraudulently travelling or attempting to travel  without proper pass or ticket.—(1) If any 

person, with intent to defraud a railway administration,— 

(a) enters or remains in any carriage on a railway or travels in a train in contravention of section 

55, or 

(b)  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 to 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. 

48 

 
(2) 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  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 so 
examined or, in case of their having been examined more than once, were last examined. 

(3) 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 1[two hundred and fifty rupees], whichever is more. 

(4) Notwithstanding anything contained in section 65 of the Indian Penal Code (45 of 1960), 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. 

138.  Levy  of  excess  charge  and  fare  for  travelling  without  proper  pass  or  ticket  or  beyond 

authorised distance.—(1) If any passenger,— 

(a)  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 a demand being made therefor under section 54, or 

(b) travels in a train in contravention of the provisions of section 55,  

he shall be liable to pay, on the demand of any railway servant authorised in this behalf, the excess charge 
mentioned in sub-section (3) 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  so  examined  or  in  the  case  of  their  having  been  examined  more  than  once,  were  last 
examined. 

(2) If any passenger,— 

(a) 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  

(b) 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 authorised in this behalf, any difference 
between the fare paid by him and the fare payable in respect of the journey he has made and the excess 
charge referred to in sub-section (3). 

(3)  The  excess  charge  shall  be  a  sum  equal  to  the  amount  payable  under  sub-section  (1)  or  

sub-section (2), as the case may be, or 1[two hundred and fifty rupees], whichever is more: 

Provided that if the passenger has with him a certificate granted under sub-section (2) of section 55, 

no excess charge shall be payable. 

(4) If any passenger liable to pay the excess charge and the 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 
a demand being made therefor under one or other of these sub-sections, as the case may be, any railway 
servant authorised by the railway administration in this behalf may apply to any Metropolitan Magistrate 
or  a  Judicial  Magistrate  of  the  first  or  second  class,  as  the  case  may  be,  for  the  recovery  of  the  sum 
payable as if it were a fine, and the Magistrate if satisfied that the sum is payable shall order it to be so 
recovered,  and  may  order  that  the  person  liable  for  the  payment  shall  in  default  of  payment  suffer 
imprisonment of either description for a term which may extend to one month but not less than ten days. 

 (5) Any sum recovered under sub-section (4) shall, as and when it is recovered, be paid to the railway 

administration. 

1. Subs. by Act 56 of 2003, s. 2, for “fifty rupees” (w.e.f. 1-7-2004). 

49 

 
                                                           
139.  Power  to  remove  persons.—Any  person  failing  or  refusing  to  pay  the  fare  and  the  excess 
charge referred to in section 138 may be removed by any railway servant authorised in this behalf who 
may call to his aid any other person to effect such removal: 

Provided that nothing in this section shall be deemed to preclude a person removed from a carriage of 

a higher class from continuing his journey in a carriage of a class for which he holds a pass or ticket: 

Provided  further  that  a  woman  or  a  child  if  unaccompanied  by  a  male  passenger,  shall  not  be  so 
removed except either at the station from where she or he commences her or his journey or at a junction 
or terminal station or station at the headquarters of a civil district and such removal shall be made only 
during the day. 

140.  Security  for  good  behaviour  in  certain  cases.—(1)  When  a  court  convicting  a  person  of  an 
offence under section 137 or section 138 finds that he has been habitually committing or attempting to 
commit that offence and the court is of the opinion that it is necessary or desirable to require that person 
to execute a bond for good behaviour, such court may, at the time of passing the sentence on the person, 
order him to execute a bond with or without sureties, for such amount and for such period not exceeding 
three years as it deems fit. 

(2) An order under sub-section (1) may also be made by an appellate court or by the High Court when 

exercising its powers of revision. 

141.  Needlessly  interfering  with  means  of  communication  in  a  train.—If  any  passenger  or  any 
other  person,  without  reasonable  and  sufficient  cause,  makes  use  of,  or  interferes  with,  any  means 
provided by  a  railway  administration in a train for  communication between  passengers  and  the railway 
servant in charge of the train, he shall be punishable with imprisonment for a term which may extend to 
one year, 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, where a passenger, without reasonable and sufficient cause, makes use of the alarm 
chain provided by a railway administration, such punishment shall not be less than— 

(a) a fine of five hundred rupees, in the case of conviction for the first offence; and  

(b) imprisonment for three months in case of conviction for the second or subsequent offence. 

142.  Penalty  for  transfer  of  tickets.—(1)  If  any  person  not  being  a  railway  servant  or  an  agent 

authorised in this behalf— 

(a) sells or attempts to sell any ticket or any half of a return ticket; or  

(b) parts or attempts to part with the possession of a ticket against which reservation of a seat or 

berth has been made or any half of a return ticket or a season ticket,  

in order to enable any other person to travel therewith, he shall be punishable with imprisonment for a 
term which may extend to three months, or with fine which may extend to five hundred rupees, or with 
both, and shall also forfeit the ticket which he sells or attempts to sell or parts or attempts to part.  

(2)  If  any  person  purchases  any  ticket  referred  to  in  clause  (a)  of  sub-section  (1)  or  obtains  the 
possession of any ticket referred to in clause (b) of that sub-section from any person other than a railway 
servant or an agent authorised in this behalf, he shall be punishable with imprisonment for a term which 
may extend to three months and with fine which may extend to five hundred rupees and if the purchaser 
or holder of any ticket aforesaid travels or attempts to travel therewith, he shall forfeit the ticket which he 
so purchased or obtained and shall be deemed to be travelling without a proper ticket and shall be liable to 
be dealt with under section 138: 

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the 
judgment of the court, the punishment under sub-section (1) or sub-section (2) shall not be less than a fine 
of two hundred and fifty rupees. 

143.  Penalty  for  unauthorised  carrying  on  of  business  of  procuring  and  supplying  of  railway 

tickets.—(1) If any person, not being a railway servant or an agent authorised in this behalf,— 

50 

 
(a)  carries  on  the  business  of  procuring  and  supplying  tickets  for  travel  on  a  railway  or  for 

reserved accommodation for journey in a train; or 

(b) purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such 

business either by himself or by any other person, 

he shall be punishable with imprisonment for a term which may extend to three years or with fine which 
may extend to ten thousand rupees, or with both, and shall also forfeit the tickets which he so procures, 
supplies, purchases, sells or attempts to purchase or sell: 

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 imprisonment for a term of one month or a 
fine of five thousand rupees. 

(2)  Whoever  abets  any  offence  punishable  under  this  section  shall,  whether  or  not  such  offence  is 

committed, be punishable with the same punishment as is provided for the offence. 

144.  Prohibition  on  hawking,  etc.,  and  begging.—(1)  If  any  person  canvasses  for  any  custom  or 
hawks or exposes for sale any article whatsoever in any railway carriage or upon any part of a railway, 
except  under  and  in  accordance  with  the  terms  and  conditions  of  a  licence  granted  by  the  railway 
administration in this behalf, he shall be punishable with imprisonment for a term which may extend to 
one year, or with fine which may extend to two 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 one thousand rupees. 

(2)  If  any  person  begs  in  any  railway  carriage  or  upon  a  railway  station,  he  shall  be  liable  for 

punishment as provided under sub-section (1). 

(3)  Any  person  referred  to  in  sub-section  (1)  or  sub-section  (2)  may  be  removed  from  the  railway 
carriage  or  any  part  of  the  railway  or  railway  station,  as  the  case  may  be,  by  any  railway  servant 
authorised in this behalf or by any other person whom such railway servant may call to his aid.  

145.  Drunkenness  or  nuisance.—If  any  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 abusive or obscene language; or 

(c) wilfully or without excuse interferes with any amenity provided by the railway administration 

so as to affect the comfortable travel of any passenger,  

he may be removed from the railway by any railway servant and shall, in addition to the forfeiture of his 
pass  or  ticket,  be  punishable  with  imprisonment  which  may  extend  to  six  months  and  with  fine  which 
may extend to five hundred rupees: 

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) a fine of one hundred rupees in the case of conviction for the first offence; and  

(b)  imprisonment  of  one  month  and  a  fine  of  two  hundred  and  fifty  rupees,  in  the  case  of 

conviction for second or subsequent offence. 

146. Obstructing railway servant in his duties.—If any person wilfully obstructs or prevents any 
railway servant in the discharge of his duties, he shall be punishable with imprisonment for a term which 
may extend to six months, or with fine which may extend to one thousand rupees, or with both. 

147. Trespass and refusal to desist from trespass.—(1) If any person enters upon or into any part 
of  a  railway  without  lawful  authority,  or  having  lawfully  entered  upon  or  into  such  part  misuses  such 
property or refuses to leave, he shall be punishable with imprisonment for a term which may extend to six 
months, or with fine which may extend to one thousand rupees, or with both: 

51 

 
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. 

(2) Any person referred to in sub-section (1) may be removed from the railway by any railway servant 

or by any other person whom such railway servant may call to his aid. 

148.  Penalty  for  making  a  false  statement  in  an  application  for  compensation.—If  in  any 
application for compensation under section 125, any person makes a statement which is false or which he 
knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for 
a term which may extend to three years, or with fine, or with both. 

149. Making a false claim for compensation.—If any person requiring compensation from a railway 
administration  for  loss,  destruction,  damage,  deterioration or  non-delivery  of  any  consignment  makes  a 
claim which is false or which he knows or believes to be false or does not believe to be true, he shall be 
punishable with imprisonment for a term which may extend to three years, or with fine, or with both. 

150.  Maliciously  wrecking  or  attempting  to  wreck  a  train.—(1)  Subject  to  the  provisions  of  

sub-section (2), if any 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 things 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 on or being 
upon the railway, he shall be punishable with imprisonment for life, or with rigorous imprisonment for a 
term which may extend to ten years: 

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the 
judgment of the court, where a person is punishable with rigorous imprisonment, such imprisonment shall 
not be less than— 

(a) three years, in the case of a conviction for the first offence; and 

(b) seven years, in the case of conviction for the second or subsequent offence. 

(2)  If  any  person  unlawfully  does  any  act  or  thing  referred  to  in  any  of  the  clauses  of  

sub-section (1)— 

(a) with intent to cause the death of any person and the doing of such act or thing causes the death 

of any person; or 

(b)  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 punishable with death or imprisonment for life. 

151.  Damage  to  or  destruction  of  certain  railway  properties.—(1)  If  any  person,  with  intent  to 
cause, or knowing that he is likely to cause damage or destruction to any property of a railway referred to 
in  sub-section  (2),  causes  by  fire,  explosive  substance  or  otherwise,  damage  to  such  property  or 
destruction of such property, he shall be punishable with imprisonment for a term which may extend to 
five years, or with fine, or with both. 

(2)  The  properties  of  a  railway  referred  to  in  sub-section  (1)  are  railway  track,  bridges,  station 
buildings  and  installations,  carriages  or  wagons,  locomotives,  signalling,  telecommunications,  electric 
traction and block equipments and such other properties as the Central Government being of the opinion 
that  damage  thereto  or  destruction  thereof  is  likely  to  endanger  the  operation  of  a  railway,  may,  by 
notification, specify. 

52 

 
152.  Maliciously  hurting  or  attempting  to  hurt  persons  travelling  by  railway.—If  any  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 punishable with imprisonment for life, or with imprisonment for a term 
which may extend to ten years. 

153.  Endangering  safety  of  persons  travelling  by  railway  by  wilful  act  or  omission.—If  any 
person by any unlawful act or by any wilful omission or neglect, endangers or causes to be endangered 
the safety of any person travelling on 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 punishable with imprisonment for a 
term which may extend to five years. 

154. Endangering safety of persons travelling by railway by rash or negligent act or omission.—
If any person in a rash and negligent manner 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 any railway, 
he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with 
both. 

155.  Entering  into  a  compartment  reserved  or  resisting  entry  into  a  compartment not 

reserved.— (1) If any passenger.— 

(a)  having  entered  a  compartment  wherein  no  berth  or  seat  has  been  reserved  by  a  railway 

administration for his use, or 

(b) having unauthorisedly  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 authorised 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. 

(2) 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. 

156.  Travelling  on  roof,  step  or  engine  of  a  train.—If  any  passenger  or  any  other  person,  after 
being  warned by  a  railway  servant to desist,  persists in travelling  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  may 
extend to five hundred rupees, or with both and may be removed from the railway by any railway servant. 

157.  Altering  or  defacing  pass  or  ticket.—If  any  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  punishable 
with imprisonment for a term which may extend to three months, or with fine which may extend to five 
hundred rupees, or with both. 

158.  Penalty  for  contravention  of  any  of  the  provisions  of  Chapter  XIV.—Any  person  under 
whose  authority  any  railway  servant  is  employed  in  contravention  of  any  of  the  provisions  of  Chapter 
XIV  or  of  the  rules  made  thereunder,  shall  be  punishable  with  fine  which  may  extend  to  five  hundred 
rupees. 

159. Disobedience of drivers or conductors of vehicles to directions of railway servant, etc.—If 
any  driver  or  conductor  of  any  vehicle  while  upon  the  premises  of  a  railway  disobeys  the  reasonable 
directions of any railway servant or police officer, he shall be punishable  with imprisonment for a term 
which may extend to one month, or with fine which may extend to five hundred rupees, or with both. 

160. Opening or breaking a level crossing gate.—(1) If any person, other than a railway servant or 
a  person  authorised  in  this  behalf,  opens  any  gate  or  chain  or  barrier  set  up  on  either  side  of  a  level 
crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may 
extend to three years. 

53 

 
(2) If any person breaks any gate or chain or barrier set up on either side of a level crossing which is 
closed  to  road  traffic,  he  shall  be  punishable  with  imprisonment  for  a  term  which  may  extend  to  five 
years. 

161. Negligently crossing unmanned level crossing.—If any person driving or leading a vehicle is 
negligent in crossing an unmanned level crossing, he shall be punishable with imprisonment which may 
extend to one year. 

Explanation.—For  the  purposes  of  this  section,  “negligence”  in  relation  to  any  person  driving  or 
leading  a  vehicle in crossing  an  unmanned  level  crossing  means  the  crossing  of  such  level crossing  by 
such person— 

(a) without stopping or caring to stop the vehicle near such level crossing to observe whether any 

approaching rolling stock is in sight, or 

(b) even while an approaching rolling stock is in sight. 

162. Entering carriage or other place reserved for females.—If a male person knowing or having 
reason to believe that a carriage, compartment, berth or seat in a train or room or other place is reserved 
by a railway administration for the exclusive use of females, without lawful excuse,— 

(a)  enters  such  carriage,  compartment,  room  or  other  place,  or  having  entered  such  carriage, 

compartment, room or place, remains therein; or 

(b) occupies any such berth or seat having been required by any railway servant to vacate it, 

he shall, in addition to being liable to forfeiture of his pass or ticket, be punishable with fine which may 
extend to five hundred rupees and may also be removed by any railway servant. 

163. Giving false account of goods.—If any person required to furnish an account of goods under 
section  66,  gives  an  account  which  is  materially  false,  he  and, if  he  is  not the owner  of the  goods, the 
owner also shall, without prejudice to his liability to pay any freight or other charge under any provision 
of this Act, be punishable with fine which may extend to five hundred rupees for every quintal or part 
thereof of such goods. 

164.  Unlawfully  bringing  dangerous  goods  on  a  railway.—If  any  person,  in  contravention  of 
section  67,  takes  with  him  any  dangerous  goods  or  entrusts  such  goods  for  carriage  to  the  railway 
administration, he shall be punishable with imprisonment for a term which may extend to three years, or 
with  fine  which  may  extend  to  one  thousand  rupees  or  with  both  and  shall  also  be  liable  for  any  loss, 
injury or damage which may be caused by reason of bringing such goods on the railway. 

165. Unlawfully bringing offensive goods on a railway.—If any person, in contravention of section 
67, takes with him any offensive goods or entrusts such goods for carriage to the railway administration, 
he shall be punishable with fine which may extend to five hundred rupees and shall also be liable for any 
loss, injury or damage which may be caused by reason of bringing such goods on the railway. 

166. Defacing public notices.—If any person without lawful authority— 

(a)  pulls  down  or  wilfully  damages  any  board  or  document  set  up  or  posted  by  the  order  of  a 

railway administration on a railway or any rolling stock; or 

(b)  obliterates  or  alters  any  letters  or  figures  upon  any  such  board  or  document  or  upon  any 

rolling stock, 

he shall be punishable with imprisonment for a term which may extend to one month, or with fine which 
may extend to five hundred rupees, or with both. 

167.  Smoking.—(1)  No  person  in  any  compartment  of  a  train  shall,  if  objected  to  by  any  other 

passenger in that compartment, smoke therein. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  a  railway  administration  may  prohibit 

smoking in any train or part of a train. 

54 

 
(3)  Whosoever  contravenes  the  provisions  of  sub-section  (1)  or  sub-section  (2)  shall  be  punishable 

with fine which may extend to one hundred rupees. 

168. Provision with respect to commission of offence by the children of acts endangering safety 
of person travelling on railway.—(1) If a person under the age of twelve years is guilty of any of the 
offences under sections 150 to 154, the court convicting him may require the father or guardian of such 
person to execute, within such time as the court may fix, a bond for such amount and for such period as 
the court may direct for the good conduct of such person. 

(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 punishable with fine which may extend to fifty rupees. 

169. Levy of penalty on non-Government railway.—If a non-Government railway fails to comply 
with,  any  requisition  made,  decision  or  direction  given,  by  the  Central  Government,  under  any  of  the 
provisions of this Act, or otherwise contravenes any of the provisions of this Act, it shall be open to the 
Central Government, by order, to levy a penalty not exceeding two hundred and fifty rupees and a further 
penalty  not  exceeding  one  hundred  and  fifty  rupees  for  every  day  during  which  the  contravention 
continues: 

Provided  that  no  such  penalty  shall  be  levied  except  after  giving  a  reasonable  opportunity  to  the  

non-Government railway to make such representation as it deems fit. 

170.  Recovery  of  penalty.—Any  penalty  imposed  by  the  Central  Government  under  section  169, 
shall be recoverable by a suit in the District Court having jurisdiction in the place where the head office of 
the non-Government railway is situated. 

171.  Section  169  or  170  not to  preclude  Central  Government from  taking  any  other action.—
Nothing in section 169 or 170 shall preclude the Central Government from resorting to any other action to 
compel a non-Government railway to discharge any obligation imposed upon it by or under this Act. 

172. Penalty for intoxication.—If any railway servant is in a state of intoxication while on duty, he 
shall be punishable with fine which may extend to five hundred rupees and when the performance of any 
duty  in  such  state is likely  to  endanger the safety  of any  person  travelling  on  or  being  upon  a railway, 
such railway servant shall be punishable with imprisonment for a term which may extend to one year, or 
with fine, or with both. 

173. Abandoning train, etc., without authority.—If any railway servant, when on duty, is entrusted 
with  any  responsibility  connected  with  the  running  of  a  train,  or  of  any  other  rolling  stock  from  one 
station or place to another station or place, and he abandons his duty before reaching such station or place 
without  authority  or  without  properly  handing  over  such  train  or  rolling  stock  to  another  authorised 
railway servant, he shall be punishable with imprisonment for a term which may extend to two years, or 
with fine which may extend to one thousand rupees, or with both. 

174. Obstructing running of train, etc.—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,— 

(a) by squatting or picketing or during any rail roko agitation or bandh; or 

(b) by keeping without authority any rolling stock on the railway; or 

(c)  by  tampering  with,  disconnecting  or  interfering  in  any  other  manner  with  its  hose  pipe  or 

tampering with signal gear or otherwise, 

he shall be punishable with imprisonment for a term which may extend to two years, or with fine which 
may extend to two thousand rupees, or with both. 

175.  Endangering  the  safety  of  persons.—If  any  railway  servant,  when  on  duty,  endangers  the 

safety of any person— 

(a) by disobeying any rule made under this Act; or 

55 

 
(b) by disobeying any instruction, direction or order under this Act or the rules made thereunder; 

or 

(c) by any rash or negligent act or omission,  

he shall be punishable with imprisonment for a term which may extend to two years, or with fine which 
may extend to one thousand rupees, or with both. 

176. Obstructing level crossing.—If any 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 punishable with fine which may extend to one hundred rupees. 

177. False returns.—If any railway servant required to furnish a return by or under this Act, signs 
and furnishes a return which is false in any material particular or which he knows or believes to be false, 
or does not believe to be true, he shall be punishable with imprisonment which may extend to one year, or 
with fine which may extend to five hundred rupees, or with both. 

178.  Making  a  false  report  by  a  railway  servant.—If  any  railway  servant  who  is  required  by  a 
railway administration to inquire into a claim for loss, destruction, damage, deterioration or non-delivery 
of any consignment makes a report which is false or which he knows or believes to be false or does not 
believe to be true, he shall be punishable with imprisonment for a term which may extend to two years, or 
with fine which may extend to one thousand rupees, or with both. 

1[179.  Arrest  for  offences  under  certain  sections.—(1)  If  any  person  commits  any  offence 
mentioned in sections 150 to 152, he may be arrested without warrant or other written  authority by any 
railway servant or police officer not below the rank of a head constable. 

(2) If any person commits any offence mentioned in sections 137 to 139, 141 to 147, 153 to 157, 159 
to  167  and  172  to  176,  he  may  be  arrested,  without  warrant  or  other  written  authority,  by  the  officer 
authorised by a notified order of the Central Government. 

(3) The railway servant or the police officer or the officer authorised, as the case may be, may call to 

his aid any other person to effect the arrest under sub-section (1) or sub-section (2), as the case may be. 

(4) Any person so arrested under this section shall be produced before the nearest Magistrate within a 
period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of 
arrest to the court of the Magistrate.] 

180. Arrest of persons likely to abscond, etc.—(1) If any person who commits any offence under 
this  Act,  other  than  an  offence  mentioned  in  2[sub-section  (2)  of  section  179],  or  is  liable  to  pay  any 
excess charge or other sum demanded under section 138, fails or refuses to give his name and address or 
there is reason to believe that the name and address given by him are fictitious or that he will abscond, 
3[the officer authorised] may arrest him without warrant or written authority. 

(2)  4[The  officer  authorised]  may  call  to  his  aid  any  other  person  to  effect  the  arrest  under  

sub-section (1). 

(3) Any person arrested under this section shall be produced before the nearest Magistrate within a 
period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of 
arrest  to the  court  of the Magistrate  unless  he  is  released  earlier  on  giving  bail  or if  his  true name  and 
address  are  ascertained  on  executing  a  bond  without  sureties  for  his  appearance  before  the  Magistrate 
having jurisdiction to try him for the offence. 

(4) The provisions of Chapter XXIII of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so 

far as may be, apply to the giving of bail and the execution of bonds under this section. 

1. Subs. by Act 51 of 2003, s. 3, for section 179 (w.e.f. 1-7-2004). 
2. Subs. by s. 4, ibid., for “section 179” (w.e.f. 1-7-2004). 
3. Subs. by s. 4, ibid., for certain words (we.f. 1-7-2004). 
4. Subs. by s. 4, ibid., for “The railway servant or the police officer” (w.e.f. 1-7-2004). 

56 

 
                                                           
1[180A. Inquiry by officer authorised to ascertain commission of offence.—For ascertaining facts 
and  circumstances  of  a  case,  the  officer  authorised  may  make  an  inquiry  into  the  commission  of  an 
offence mentioned in sub-section (2) of section 179 and may file a complaint in the competent court if the 
offence is found to have been committed. 

180B. Powers  of  officer  authorised  to  inquire.—While  making  an  inquiry,  the  officer  authorised 

shall have power to,— 

(i) summon and enforce the attendance of any person and record his statement; 

(ii) require the discovery and production of any document; 

(iii) requisition any public record or copy thereof from any office, authority or person; 

(iv) enter and search any premises or person and seize any property or document which  may be 

relevant to the subject-matter of the inquiry.  

180C. Disposal  of  persons  arrested.—Every  person  arrested  for  an  offence  punishable  under  
sub-section (2) of section 179 shall, if the arrest was made by a person other than the officer authorised, 
be forwarded, without delay, to such officer. 

180D. Inquiry how to be made against arrested person.—(1) When any person is arrested by the 
officer authorised for an offence punishable under this Act, such officer shall proceed to inquire into the 
charge against such person. 

(2) For this purpose, the officer authorised may exercise the same powers and shall be subject to the 
same provisions as the officer in charge of a police station may exercise and is subject to the provisions of 
the Code of Criminal Procedure, 1973 (2 of 1974 ), when investigating a cognizable case:  

Provided that— 

(a) if the officer authorised is of the opinion that there is sufficient evidence or reasonable ground 
of  suspicion  against  the  accused  person,  he  shall  either  admit  him  to  bail  to  appear  before  a 
Magistrate having jurisdiction in the case, or forward him in custody to such Magistrate; 

(b) if it appears to the officer authorised that there is not sufficient evidence or reasonable ground 
of suspicion against the accused person, he shall release the accused person on his executing a bond, 
with  or  without  sureties  as  the  officer  authorised  may  direct,  to  appear,  if  and  when  so  required, 
before the Magistrate having jurisdiction. 

180E. Search, seizure and arrest how to be made.—All searches, seizures and arrests made under 
this Act shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973  
(2 of 1974 ), relating respectively to searches and arrests made under that Code.  

180F. Cognizance  by  Court  on  a  complaint  made  by  officer  authorised.—No  court  shall  take 
cognizance of an offence mentioned in sub-section (2) of section 179 except on a complaint made by the 
officer authorised. 

180G. Punishment  for  certain  offences  in  relation  to  inquiry.—Whoever  intentionally  insults  or 
causes  any  interruption  in  the  inquiry  proceedings  or  deliberately  makes  a  false  statement  before  the 
inquiring officer shall be punished with simple imprisonment for a term which may extend to six months, 
or with fine which may extend to one thousand rupees, or with both.] 

181.  Magistrate  having  jurisdiction  under  the  Act.—Notwithstanding  anything  contained  in  the 
Code of Criminal Procedure, 1973 (2 of 1974), no court inferior to that of a Metropolitan Magistrate or a 
Judicial Magistrate of the first class shall try an offence under this Act. 

182.  Place  of  trial.—(1)  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. 

1. Ins. by Act 51 of 2003, s. 5 (w.e.f. 1-7-2004). 

57 

 
                                                           
(2)  Every  notification  under  sub-section  (1)  shall  be  published  in  the  Official  Gazette,  and  a  copy 
thereof  shall  be  exhibited  for  the  information  of  the  public  in  some  conspicuous  place  at  such  railway 
stations as the State Government may direct. 

CHAPTER XVI 

MISCELLANEOUS 

183.  Power  to  provide  other  transport  services.—(1)  A  railway  administration  may,  for  the 
purpose  of  facilitating  the  carriage  of  passengers  or  goods  or  to  provide  integrated  service  for  such 
carriage, provide any other mode of transport. 

(2) Notwithstanding anything contained in any other law for the time being in force, the provisions of 
this  Act  shall  apply  to  the  carriage  of  passengers  or  goods  by  the  mode  of  transport  referred  to  in  
sub-section (1). 

184.  Taxation  on  railways  by  local  authorities.—(1)  Notwithstanding  anything  to  the  contrary 
contained in any other law, a railway administration shall not be liable to pay any tax in aid of the funds 
of any local authority unless the Central Government, by notification, declares the railway administration 
to be liable to pay the tax specified in such notification. 

(2)  While  a  notification  of  the  Central  Government  under  sub-section  (1)  is  in  force,  the  railway 
administration shall be liable to pay to the local authority either the tax specified in the notification or, in 
lieu  thereof,  such  sum,  if  any,  as  an  officer  appointed  in  this  behalf  by  the  Central  Government  may, 
having regard to all the circumstances of the case, from time to time, determine to be fair and reasonable. 

(3)  The  Central  Government  may  at  any  time  revoke  or  vary  a  notification  issued  under  

sub-section (1). 

(4) Nothing in this section shall be construed to prevent 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 to 
the railway administration. 

185.  Taxation  on  railways  for  advertisement.—(1)  Notwithstanding  anything  to  the  contrary 
contained  in  any  other  law,  a  railway  administration  shall  not  be  liable  to  pay  any  tax  to  any  local 
authority in respect of any advertisement made on any part of the railway unless the Central Government, 
by  notification,  declares  the  railway  administration  to  be  liable  to  pay  the  tax  specified  in  such 
notification. 

(2)  The  Central  Government  may  at  any  time  revoke  or  vary  a  notification  issued  under  

sub-section (1). 

186. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against the Central Government, any railway administration, a railway servant or any other person for 
anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders 
made thereunder. 

187. Restriction on exceution against railway property.—(1) No rolling stock,  machinery, plant, 
tools, fittings, materials or effects used or provided by a railway administration for the purpose of 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  or  of  any  local  authority  or  person  having  by  law  the  power  to  attach  or  distrain 
property  or  otherwise  to  cause  property  to  be  taken  in  execution,  without  the  previous  sanction  of  the 
Central Government. 

(2)  Nothing  in  sub-section  (1)  shall  be  construed  to  affect  the  authority  of  any  court  to  attach  the 

earnings of a railway in execution of a decree or order. 

188. Railway servants to be public servants for the purposes of Chapter IX and section 409 of 
the Indian Penal Code (45 of 1860).—(1) Any railway servant, who is  not a public servant within the 
meaning of section 21 of the Indian Penal Code (45 of 1860), shall be deemed to be a public servant for 
the purposes of Chapter IX and section 409 of that Code. 

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(2) In the definition of “legal remuneration” in section 161 of the Indian Penal Code (45 of 1860), the 
word “Government” shall, for the purposes of sub-section (1), be deemed to include any employer of a 
railway servant as such. 

189. Railway servants not to engage in trade.—A railway servant shall not— 

(a) purchase or bid for, either in person or by an agent, in his own name or in that of another, or 
jointly or in shares with others, any property put to auction under section 83 or section 84 or section 
85 or section 90; or 

(b) in contravention of any direction of the railway administration in this behalf, engage in trade. 

190.  Procedure  for  delivery  to  railway  administration  of  property  detained  by  a  railway 
servant.—If a railway servant is discharged from service or is suspended, or dies or absconds or absents 
himself,  and  he  or  his  wife  or  widow  or  any  member  of  his  family  or  his  representative,  refuses  or 
neglects, after notice in writing for that purpose, to deliver up to the railway administration or to a person 
appointed  by  the  railway  administration,  in  this  behalf,  any  station,  office  or  other  building  with  its 
appurtenances,  or  any  books,  papers,  keys,  equipment  or  other  matters,  belonging  to  the  railway 
administration  and  in  the  possession  or  custody  of  such  railway  servant  at  the  occurrence  of  any  such 
event  as  aforesaid,  any  Metropolitan  Magistrate  or  Judicial  Magistrate  of  the  first  class  may,  on 
application  made  by  or  on  behalf  of  the  railway  administration,  order  any  police  officer,  with  proper 
assistance,  to  enter  upon the  station,  office  or  other building  and remove  any  person  found  therein  and 
take  possession  thereof,  or  to  take  possession  of  the  books,  papers  or  other  matters,  and  to  deliver  the 
same to the railway administration or to a person appointed by the railway administration in that behalf. 

191. Proof of entries in records and documents.—Entries made in the records or other documents 
of  a  railway  administration  shall  be  admitted  in  evidence  in  all  proceedings  by  or  against  the  railway 
administration,  and  all  such  entries  may  be  proved  either  by  the  production  of  the  records  or  other 
documents  of  the  railway  administration  containing  such  entries  or  by  the  production  of  a  copy  of  the 
entries certified by the officer having custody of the records or other documents under his signature and 
stating  that  it  is  a  true  copy  of  the  original  entries  and  that  such  original  entries  are  contained  in  the 
records or other documents of the railway administration in his possession. 

192. Service of notice, etc., on railway administration.—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  Zonal 
Railway, on the General Manager or any of the railway servant authorised by the General Manager, and 
in the case of any other railway, on the owner or lessee of the railway or the person working the railway 
under an agreement— 

(a) by delivering it to him; or 

(b) by leaving it at his office; or 

(c) by registered post to his office address. 

193. Service of notice, etc., by railway administration.—Unless otherwise provided in this Act or 
the rules framed thereunder, 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 registered post addressed to the person at his usual or last known place of abode. 

194. Presumption where notice is served by post.—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 property addressed and registered. 

195.  Representation  of  railway  administration.—(1)  A  railway  administration  may,  by  order  in 
writing, authorise any railway servant or other person to act for, or represent it, as the case may be, in any 
proceeding before any civil, criminal or other court. 

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(2)  A  person  authorised  by  a  railway  administration  to  conduct  prosecutions  on  its  behalf  shall, 
notwithstanding anything in section 302 of the Code of Criminal Procedure, 1973 (2 of 1974), be entitled 
to conduct such prosecutions without the permission of the Magistrate. 

196.  Power  to  exempt  railway  from  Act.—(1)  The  Central  Government  may,  by  notification, 

exempt any railway from all or any of the provisions of this Act. 

(2) Every notification issued under sub-section (1) shall be laid as soon as may be after it is issued 

before each House of Parliament. 

197.  Matters supplemental  to  the  definitions  of  “railway”  and  “railway  servant”.—(1)  For the 
purposes of sections 67, 113, 121, 123, 147, 151 to 154, 160, 164, 166, 168, 170, 171, 173 to 176, 179, 
180, 182, 184, 185, 187 to 190, 192, 193, 195 and of this section, 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 clause (31) of section 2. 

(2) For the purposes of sections 7, 24, 113, 146, 172 to 176 and 188 to 190, the expression “railway 
servant” includes a person employed under a railway in connection with the service thereof by a person 
fulfilling a contract with the railway administration. 

198.  General  power  to  make  rules.—Without  prejudice  to  any  power  to  make  rules  contained 
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this 
Act. 

199. Rules to be laid before Parliament.—Every rule made under this Act shall be laid, as soon as 
may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty 
days  which  may  be  comprised in  one session or  in  two  or  more  successive  sessions,  and if,  before  the 
expiry of the session immediately following the session or the successive sessions aforesaid, both Houses 
agree in making any modification in the rule or both Houses agree that the rule should not be made, the 
rule  shall  thereafter  have  effect  only  in  such  modified  form  or  be  of  no  effect, as  the  case  may  be;  so, 
however, that any such modification or annulment shall be without prejudice to the validity of anything 
previously done under that rule. 

200. Repeal and saving.—(1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed. 

(2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred to 

as the repealed Act)— 

(a)  anything  done  or  any  action  taken  or  purported  to  have  been  done  or  taken  (including  any 
rule, notification, inspection, order or notice made or issued, or any appointment or declaration made 
or  any  licence,  permission,  authorisation  or  exemption  granted  or  any  document  or  instrument 
executed or any direction given or any proceedings taken or any penalty or fine imposed) under the 
repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have 
been done or taken under the corresponding provisions of this Act; 

(b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of the 
repealed Act but not disposed of  before the commencement of this Act and any complaint that may 
be  made  to  the  said  Tribunal  against  any  act  or  omission  of  a  railway  administration  under  the 
repealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with 
the provisions of Chapter VII of this Act. 

(3) The  mention  of  particular  matters in  sub-section (2)  shall  not  be  held to  prejudice  or  affect  the 
general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of 
repeal. 

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