The Railways Act, 1989, was enacted to consolidate and amend the laws related to railways in India. It provides a comprehensive framework for the management, operation, and regulation of the Indian Railways, covering various aspects such as administration, carriage of passengers and goods, accidents, and penalties.
Key Details
- Act ID: 198924
- Act Number: 24
- Enactment Date: June 3, 1989
- Year: 1989
- Ministry Responsible: Ministry of Railways
- Enforcement Date: July 1, 1990
PRELIMINARY
Section 1: Short title and commencement
Section 2: Definitions
RAILWAY ADMINISTRATIONS
Section 3: Zonal Railways
Section 4: Appointment of General Manager
RAIL LAND DEVELOPMENT AUTHORITY
Section 4A: Establishment of Railway Land Development Authority
Section 4B: Composition of Authority
Section 4C: Terms and conditions of appointment of Vice-Chairman and other Members
Section 4D: Functions of Authority
Section 4E: Powers of Authority to enter into agreements and execute contracts
Section 4F: Procedure of transaction of business of Authority
Section 4G: Appointment of officers and other employees of Authority
Section 4H: Salaries, allowances, etc., to be defrayed out of Consolidated Fund of India
Section 4-I: Power of Authority to make regulations
COMMISSIONERS OF RAILWAY SAFETY
Section 5: Appointment of Chief Commissioner of Railway Safety and Commissioners of Railway Safety
Section 6: Duties of Commissioner
Section 7: Powers of Commissioner
Section 8: Commissioner to be public servant
Section 9: Facilities to be afforded to Commissioners
Section 10: Annual report of Commissioners
CONSTRUCTION AND MAINTENANCE OF WORKS
Section 11: Power of railway administrations to execute all necessary works
Section 12: Power to alter the position of pipe, electric supply line, drain, or sewer, etc.
Section 13: Protection for Government property
Section 14: Temporary entry upon land to remove obstruction, to repair, or to prevent accident
Section 15: Payment of amount for damage or loss
Section 16: Accommodation works
Section 17: Power of owner, occupier, State Government, or local authority to cause additional accommodation works to be made
Section 18: Fences, gates, and bars
Section 19: Overbridges and underbridges
Section 20: Power of Central Government to give directions for safety
LAND ACQUISITION FOR A SPECIAL RAILWAY PROJECT
Section 20A: Power to acquire land, etc.
Section 20B: Power to enter for survey, etc.
Section 20C: Evaluation of damages during survey, measurement, etc.
Section 20D: Hearing of objections, etc.
Section 20E: Declaration of acquisition
Section 20F: Determination of amount payable as compensation
Section 20G: Criterion for determination of market-value of land
Section 20H: Deposit and payment of amount
Section 20-I: Power to take possession
Section 20J: Right to enter into land where land has vested in Central Government
Section 20K: Competent authority to have certain powers of civil court
Section 20L: Utilisation of land for the purpose it is acquired
Section 20M: Sharing with landowners the difference in price of a land when transferred for a higher consideration
Section 20N: Land Acquisition Act 1 of 1894 not to apply
Section 20O: Application of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition
Section 20P: Power to make rules in respect of matters in this Chapter
OPENING OF RAILWAYS
Section 21: Sanction of the Central Government to the opening of railway
Section 22: Formalities to be complied with before giving sanction to the opening of a railway
Section 23: Sections 21 and 22 to apply to the opening of certain works
Section 24: Temporary suspension of traffic
Section 25: Power to close railway opened for the public carriage of passengers
Section 26: Re-opening of closed railway
Section 27: Use of rolling stock
Section 28: Delegation of powers
Section 29: Power to make rules in respect of matters in this Chapter
FIXATION OF RATES
Section 30: Power to fix rates
Section 31: Power to classify commodities or alter rates
Section 32: Power of railway administration to charge certain rates
TRIBUNAL
Section 33: Tribunal
Section 34: [Omitted.]
Section 35: [Omitted.]
Section 36: Complaints against a railway administration
Section 37: Matters not within the jurisdiction of the Tribunal
Section 38: Powers of the Tribunal
Section 39: Reference to the Tribunal
Section 40: Assistance by the Central Government
Section 41: Burden of proof, etc.
Section 42: Decision, etc., of the Tribunal
Section 43: Bar of jurisdiction of courts
Section 44: Reliefs which the Tribunal may grant
Section 45: Revision of decisions given by the Tribunal
Section 46: Execution of decisions or orders of the Tribunal
Section 47: Report to the Central Government
Section 48: Power of the Tribunal to make regulations
CARRIAGE OF PASSENGERS
Section 49: Exhibition of certain timings and tables of fares at stations
Section 50: Supply of tickets on payment of fare
Section 51: Provision for case in which ticket is issued for class or train not having accommodation for additional passengers
Section 52: Cancellation of ticket and refund
Section 53: Prohibition against transfer of certain tickets
Section 54: Exhibition and surrender of passes and tickets
Section 55: Prohibition against travelling without pass or ticket
Section 56: Power to refuse to carry persons suffering from infectious or contagious diseases
Section 57: Maximum number of passengers for each compartment
Section 58: Earmarking of compartment, etc., for ladies
Section 59: Communications between passengers and railway servant in charge of train
Section 60: Power to make rules in respect of matters in this Chapter
CARRIAGE OF GOODS
Section 61: Maintenance of rate-books, etc., for carriage of goods
Section 62: Conditions for receiving, etc., of goods
Section 63: Provisions of risk rates
Section 64: Forwarding note
Section 65: Railway receipt
Section 66: Power to require statement relating to the description of goods
Section 67: Carriage of dangerous or offensive goods
Section 68: Carriage of animals suffering from infectious or contagious diseases
Section 69: Deviation of route
Section 70: Prohibition of undue preference
Section 71: Power to give direction in regard to carriage of certain goods
Section 72: Maximum carrying capacity for wagons and trucks
Section 73: Punitive charge for overloading a wagon
Section 74: Passing of property in the goods covered by railway receipt
Section 75: Section 74 not to affect right of stoppage in transit or claims for freight
Section 76: Surrender of railway receipt
Section 77: Power of railway administration to deliver goods or sale proceeds thereof in certain cases
Section 78: Power to measure, weigh, etc.
Section 79: Weighment of consignment on request of the consignee or endorsee
Section 80: Liability of railway administration for wrong delivery
Section 81: Open delivery of consignments
Section 82: Partial delivery of consignments
Section 83: Lien for freight or any other sum due
Section 84: Unclaimed consignment
Section 85: Disposal of perishable consignments in certain circumstances
Section 86: Sales under sections 83 to 85 not to affect the right to suit
Section 87: Power to make rules in respect of matters in this Chapter
SPECIAL PROVISIONS AS TO GOODS BOOKED TO NOTIFIED STATIONS
Section 88: Definitions
Section 89: Power to declare notified stations
Section 90: Disposal of unremoved goods at notified stations
Section 91: Price to be paid to person entitled after deducting dues
Section 92: Power to make rules in respect of matters in this Chapter
RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS
Section 93: General responsibility of a railway administration as carrier of goods
Section 94: Goods to be loaded or delivered at a siding not belonging to a railway administration
Section 95: Delay or detention in transit
Section 96: Traffic passing over railways in India and railways in foreign countries
Section 97: Goods carried at owner’s risk rate
Section 98: Goods in defective condition or defectively packed
Section 99: Responsibility of a railway administration after termination of transit
Section 100: Responsibility as carrier of luggage
Section 101: Responsibility as a carrier of animals
Section 102: Exoneration from liability in certain cases
Section 103: Extent of monetary liability in respect of any consignment
Section 104: Extent of liability in respect of goods carried in open wagon
Section 105: Right of railway administration to check contents of certain consignment or luggage
Section 106: Notice of claim for compensation and refund of overcharge
Section 107: Applications for compensation for loss, etc., of goods
Section 108: Person entitled to claim compensation
Section 109: Railway administration against which application for compensation for personal injury is to be filed
Section 110: Burden of proof
Section 111: Extent of liability of railway administration in respect of accidents at sea
Section 112: Power to make rules in respect of matters in this Chapter
ACCIDENTS
Section 113: Notice of railway accident
Section 114: Report of railway accident
Section 115: Inquiry by Commissioner
Section 116: Powers of Commissioner in relation to inquiries
Section 117: Statement made before Commissioner
Section 118: Procedure for inquiry
Section 119: No inquiry, investigation, etc., to be made if the Commission of Inquiry is appointed
Section 120: Inquiry into accident not covered by section 113
Section 121: Returns
Section 122: Power to make rules in respect of matters in this Chapter
LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERS DUE TO ACCIDENTS
Section 123: Definitions
Section 124: Extent of liability
Section 124A: Compensation on account of untoward incidents
Section 125: Application for compensation
Section 126: Interim relief by railway administration
Section 127: Determination of compensation in respect of any injury or loss of goods
Section 128: Saving as to certain rights
Section 129: Power to make rules in respect of matters in this Chapter
REGULATION OF HOURS OF WORK AND PERIOD OF REST
Section 130: Definitions
Section 131: Chapter not to apply to certain railway servants
Section 132: Limitation of hours of work
Section 133: Grant of periodical rest
Section 134: Railway servant to remain on duty
Section 135: Supervisors of railway labour
Section 136: Power to make rules in respect of matters in this Chapter
PENALTIES AND OFFENCES
Section 137: Fraudulently travelling or attempting to travel without proper pass or ticket
Section 138: Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance
Section 139: Power to remove persons
Section 140: Security for good behaviour in certain cases
Section 141: Needlessly interfering with means of communication in a train
Section 142: Penalty for transfer of tickets
Section 143: Penalty for unauthorised carrying on of business of procuring and supplying railway tickets
Section 144: Prohibition on hawking, etc., and begging
Section 145: Drunkenness or nuisance
Section 146: Obstructing railway servant in his duties
Section 147: Trespass and refusal to desist from trespass
Section 148: Penalty for making a false statement in an application for compensation
Section 149: Making a false claim for compensation
Section 150: Maliciously wrecking or attempting to wreck a train
Section 151: Damage to or destruction of certain railway properties
Section 152: Maliciously hurting or attempting to hurt persons travelling by railway
Section 153: Endangering safety of persons travelling by railway by wilful act or omission
Section 154: Endangering safety of persons travelling by railway by rash or negligent act or omission
Section 155: Entering into a compartment reserved or resisting entry into a compartment not reserved
Section 156: Travelling on roof, step or engine of a train
Section 157: Altering or defacing pass or ticket
Section 158: Penalty for contravention of any of the provisions of Chapter XIV
Section 159: Disobedience of drivers or conductors of vehicles to directions of railway servant, etc.
Section 160: Opening or breaking a level crossing gate
Section 161: Negligently crossing unmanned level crossing
Section 162: Entering carriage or other place reserved for females
Section 163: Giving false account of goods
Section 164: Unlawfully bringing dangerous goods on a railway
Section 165: Unlawfully bringing offensive goods on a railway
Section 166: Defacing public notices
Section 167: Smoking
Section 168: Provision with respect to commission of offence by the children of acts endangering safety of persons travelling on railway
Section 169: Levy of penalty on non-Government railway
Section 170: Recovery of penalty
Section 171: Section 169 or 170 not to preclude Central Government from taking any other action
Section 172: Penalty for intoxication
Section 173: Abandoning train, etc., without authority
Section 174: Obstructing running of train, etc.
Section 175: Endangering the safety of persons
Section 176: Obstructing level crossing
Section 177: False returns
Section 178: Making a false report by a railway servant
Section 179: Arrest for offences under certain sections
Section 180: Arrest of persons likely to abscond, etc.
Section 180A: Inquiry by officer authorised to ascertain commission of offence
Section 180B: Powers of officer authorised to inquire
Section 180C: Disposal of persons arrested
Section 180D: Inquiry how to be made against arrested person
Section 180E: Search, seizure and arrest how to be made
Section 180F: Cognizance by Court on a complaint made by officer authorised
Section 180G: Punishment for certain offences in relation to inquiry
MISCELLANEOUS
Section 181: Magistrate having jurisdiction under the Act
Section 182: Place of trial
Section 183: Power to provide other transport services
Section 184: Taxation on railways by local authorities
Section 185: Taxation on railways for advertisement
Section 186: Protection of action taken in good faith
Section 187: Restriction on execution against railway property
Section 188: Railway servants to be public servants for the purposes of Chapter IX and section 409 of the Indian Penal Code
Section 189: Railway servants not to engage in trade
Section 190: Procedure for delivery to railway administration of property detained by a railway servant
Section 191: Proof of entries in records and documents
Section 192: Service of notice, etc., on railway administration
Section 193: Service of notice, etc., by railway administration
Section 194: Presumption where notice is served by post
Section 195: Representation of railway administration
Section 196: Power to exempt railway from Act
Section 197: Matters supplemental to the definitions of “railway” and “railway servant”
Section 198: General power to make rules
Section 199: Rules to be laid before Parliament
Section 200: Repeal and saving
Objectives
The primary objectives of the Act are:
- Consolidation of Railway Laws: To bring all legal provisions related to railways under a single statute for consistency.
- Safe Operations: To ensure the safety of passengers and goods transported through the railways.
- Fair Practices: To provide a framework for equitable treatment of passengers and consignees.
- Regulation of Services: To regulate the functions and responsibilities of the railway administration.
- Efficient Functioning: To promote efficiency in railway operations and administration.
Structure of the Act
The Act is divided into several chapters, covering the following areas:
- Preliminary: Contains definitions and applicability of the Act.
- Railway Administration: Details the duties and responsibilities of the railway administration.
- Construction and Maintenance of Works: Provisions for building and maintaining railway infrastructure.
- Carriage of Passengers and Goods: Covers rules for the transport of passengers and goods, along with related liabilities.
- Opening of Railways: Procedures and safety requirements for commissioning new railway lines.
- Accidents: Obligations of the railway administration in cases of accidents and liabilities for injuries or death.
- Penalties and Offences: Specifies penalties for various offences such as trespassing, causing damage, or endangering safety.
- Miscellaneous: Includes provisions like taxation, exemptions, and rule-making powers.
Salient Features
- Passenger Rights: Provisions for safe and comfortable travel, including compensation in case of untoward incidents.
- Goods Carriage: Detailed procedures for handling and transporting goods, including liability for loss or damage.
- Accident Compensation: Compensation framework for victims of railway accidents and untoward incidents.
- Penalties for Violations: Stringent penalties for offences like ticketless travel, vandalism, and safety violations.
- Jurisdiction and Legal Proceedings: Guidelines for handling legal disputes involving railways.
- Taxation: Provisions for the taxation of railways by local authorities.
Significance
The Railways Act, 1989, modernized railway laws in India, replacing outdated provisions and aligning with contemporary requirements. It facilitates the smooth functioning of the Indian Railways, which is critical to the country’s economy and transportation network.