Text of Section 138:
- Passenger’s Liability for Excess Charge: 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 demand 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 travelled, or where there is any doubt about the station from which the journey began, the ordinary single fare from the station from which the train originally started, or if the tickets of passengers have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were last examined.
- Passenger Travelling in Higher Class or Beyond Authorized Place: 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 for the journey he has made, along with the excess charge referred to in sub-section (3).
- Amount of Excess Charge: The excess charge shall be a sum equal to the amount payable under sub-section (1) or (2), or two hundred and fifty rupees, whichever is more:
- Exemption: If the passenger possesses a certificate granted under sub-section (2) of Section 55, no excess charge shall be payable.
- Failure to Pay Excess Charge or Fare: If any passenger fails or refuses 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), the following steps will be taken:
- Any railway servant authorised by the railway administration may apply to a Metropolitan Magistrate or a Judicial Magistrate (of the first or second class) for the recovery of the sum payable as if it were a fine.
- If the Magistrate is satisfied that the sum is payable, he shall order it to be recovered and may also order that the person liable for 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.
- Payment to Railway Administration: Any sum recovered under sub-section (4) shall, as and when it is recovered, be paid to the railway administration.
Detailed Explanation:
Section 138 of the Railways Act, 1989 is designed to address the issue of passengers travelling without valid tickets or pass, or beyond the authorized distance. The section outlines the procedures for levying an excess charge and fare, and the penalties for non-compliance.
Sub-section 1: Passenger’s Liability for Excess Charges
- Failure to Present Ticket or Pass: If a passenger fails to present their pass or ticket when asked by an authorized railway servant, or if they travel in violation of the rules specified in Section 55, they must pay an excess charge in addition to the fare for the distance travelled. If the station of origin is unclear, the charge is calculated from the starting station of the train.
Sub-section 2: Travelling in Higher Class or Beyond Authorized Place
- Traveling in Higher Class: If a passenger is found travelling in a carriage or train of a higher class than the class for which their pass or ticket was issued, they will have to pay the fare difference along with the excess charge.
- Travelling Beyond Authorized Place: Similarly, if a passenger travels beyond the place authorized by their pass or ticket, they are liable to pay the difference in fare along with the excess charge.
Sub-section 3: Excess Charge Amount
- Excess Charge: The excess charge is either the amount due based on the fare calculation or two hundred and fifty rupees, whichever is greater.
- Exemption: If the passenger has a certificate under Section 55(2), they will not be required to pay the excess charge, which provides an exemption for certain circumstances.
Sub-section 4: Consequences for Non-payment
- Recovery through Magistrate: If the passenger fails to pay the excess charge or the additional fare, the railway servant can apply to a Magistrate for recovery of the amount, which will be treated as a fine.
- Imprisonment for Default: The Magistrate may order imprisonment for a term up to one month but not less than ten days if the passenger refuses to pay the sum.
Sub-section 5: Payment to Railway Administration
- Recovery and Payment: Any sum recovered from the passenger will be paid to the railway administration as per the court’s order.
Interpretation and Practical Impact:
- Deterrent to Fraudulent Travel: Section 138 serves as a deterrent to passengers who may consider travelling without valid tickets or beyond the authorized place or class. The financial penalty and the possibility of imprisonment for non-payment encourage passengers to follow the rules.
- Fairness and Transparency: The section ensures fairness by clearly defining the excess charges and the process for recovering fines. The amounts charged are clearly stipulated, which protects both the passengers and the railway administration from potential misuse.
Legal and Ethical Implications:
- Passenger Responsibility: The section reinforces the responsibility of passengers to travel with proper tickets and to adhere to the rules related to the type of carriage and journey class. It is designed to ensure fairness in the railway system and prevent fraud.
- Protection of Railway Revenues: The provisions ensure that the railway administration can recover costs from passengers who defraud the system, maintaining the financial stability and efficiency of the railway network.
Conclusion:
Section 138 of the Railways Act, 1989 outlines the penalties for passengers who attempt to travel without proper tickets or passes or travel beyond the authorized distance or class. By imposing excess charges and penalties, including the possibility of imprisonment, the section ensures compliance with railway rules and discourages fraudulent travel practices. Understanding these provisions is crucial for both passengers and railway authorities to maintain the integrity of the railway system.
