Section 2: Definitions

In this Act, unless the context otherwise requires,–

(1) “authorised” means authorised by a railway administration;

1[(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;

2[(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;

(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;

3[(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;

4[(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);

(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;

5[(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 6[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;

(37) “rolling stock” includes locomotives, lenders, carriages, wagons, rail-cars, containers, trucks, trolleys and vehicles of all kinds moving on rails;

7[(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;

8[(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.

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

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

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

4. Ins. by Act 11 of 2008, s. 2 (w.e.f. 31-1-2008).

5. Ins. by Act 47 of 2005, s. 2 (w.e.f. 30-8-2006).

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

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

8. Subs. by Act 7 of 2017, s. 163, for clause (40) (w.e.f. 26-5-2017).

Simplified Explanation

Section 2 of the Railways Act, 1989 provides definitions of various terms used throughout the Act. These definitions help clarify the meaning of specific terms, which are important for understanding the legal provisions and their application. Below is a detailed explanation of the key definitions:

1. “authorised”: Refers to someone who is given official permission by a railway administration to do something related to railway operations.
2. “Authority”: Refers to the Rail Land Development Authority, which is constituted under Section 4A to manage railway land for development purposes.
3. “carriage”: Means the transport of passengers or goods by a railway administration, as part of the railway services.
4. “Claims Tribunal”: Refers to the Railway Claims Tribunal, which is a judicial body established under the Railway Claims Tribunal Act, 1987. It handles claims related to passenger and goods transport by rail.
5. “classification”: Refers to the categorization of different types of commodities under Section 31 for determining the rates to be charged for their transportation by rail.
6. “class rates”: The rates set for a class of commodity within the classification.
7. “Commissioner”: Refers to the Chief Commissioner of Railway Safety or the Commissioner of Railway Safety appointed under Section 5, responsible for overseeing safety regulations and inspections.
8. “commodity”: Refers to a specific type of goods being transported, such as materials or products, and can also include animals.
9. “competent authority”: A person authorized by the Central Government to carry out the functions of the competent authority in a specific area, as notified by the government.
10. “consignee”: The person named in the railway receipt as the recipient of the goods being transported.
11. “consignment”: Refers to the goods entrusted to a railway administration for transportation.
12. “consignor”: The person who entrusts goods to the railway for transportation, as named in the railway receipt.
13. “demurrage”: Refers to the charge levied when rolling stock (e.g., trains, wagons) is detained beyond the free time allowed for unloading or other purposes.
14. “endorsee”: A person in whose favor an endorsement is made, typically transferring ownership of goods. Successive endorsements are considered until the final endorsement is made.
15. “endorsement”: The process of transferring the ownership of goods in transit by signing and adding a direction on the railway receipt.
16. “fare”: The charge levied for carrying passengers by rail.
17. “ferry”: Includes various types of ferries such as boats, pontoons, or temporary bridges used for railway traffic over water bodies.
18. “forwarding note”: A document executed under Section 64 that contains details of goods being transported.
19. “freight”: The charge levied for the transportation of goods by rail, including additional charges like transshipment costs.
20. “General Manager”: Refers to the General Manager of a Zonal Railway, who is responsible for managing the operations of a zonal railway under Section 4.
21. “goods”: Includes items like containers, pallets, or animals, and refers to anything being transported by rail.
22. “Government railway”: Refers to railways owned and operated by the Central Government.
23. “in transit”: Refers to the period during which goods are being transported by railway, starting from the issuance of the railway receipt or the loading of goods until the goods are unloaded and removed from the railway premises.
24. “level crossing”: An intersection where a road and railway track cross at the same level, posing potential safety concerns.
25. “luggage”: Refers to personal goods carried by a passenger, either personally or entrusted to the railway for transportation.
26. “lump sum rate”: The fixed rate mutually agreed upon between a railway administration and consignor for transporting goods or providing related services.
27. “non-Government railway”: Refers to railways that are not owned by the Central Government, including private or leased railways.
28. “notification”: Refers to official notifications published in the Official Gazette by the Central Government to announce specific regulations, rules, or notifications under the Act.
29. “officer authorised”: Refers to an officer appointed by the Central Government under Section 179 to perform specified duties.
30. “parcel”: Refers to goods entrusted to a railway administration for carriage by a passenger or a specialized parcel train.
31. “pass”: A document issued by the Central Government or railway administration giving a person permission to travel by train, without being issued a regular ticket.
32. “passenger”: A person who holds a valid pass or ticket and is traveling on a train.
33. “person interested”: Includes people claiming compensation for land acquired for the railway, tribal people, people with traditional forest rights, and those with tenancy rights.
34. “prescribed”: Refers to rules and regulations that are set by the government under the Act.
35. “railway”: Refers to the railway system in general, including tracks, stations, lands, and all infrastructure used for public transport of passengers and goods.
36. “railway administration”: Refers to the authority responsible for managing the operations of a railway. For Government railways, it is the General Manager; for non-Government railways, it refers to the owner or lessee.
37. “railway land”: Refers to land that is owned by a Government railway, including land where the government has rights, title, or interest.
38. “railway receipt”: The receipt issued by the railway administration to acknowledge the receipt of goods for transportation, as detailed in Section 65.
39. “railway servant”: Refers to any person employed by the Central Government or a railway administration, including members of the Railway Protection Force.
40. “rate”: Includes any fare, freight, or other charges levied for the carriage of passengers or goods.
41. “regulations”: Refers to the rules made by the Railway Rates Tribunal under the provisions of the Act.
42. “rolling stock”: Refers to all types of vehicles used on rails for transportation, including locomotives, carriages, wagons, and other railway equipment.
43. “special railway project”: Refers to significant infrastructure projects, notified by the Central Government, aimed at providing national infrastructure within a specified timeframe for public purposes.
44. “station to station rate”: A special reduced rate applied to a specific commodity being transported between specified railway stations.
45. “traffic”: Refers to all types of rolling stock, passengers, and goods that are part of railway operations.
46. “Tribunal”: Refers to the judicial body established under Section 33, which resolves disputes related to railway claims.
47. “wharfage”: Refers to the charge levied for not removing goods from a railway station within the allowed free time.
48. “Zonal Railway”: Refers to a railway zone established under Section 3, for the administrative and operational management of a specific geographical region.

Conclusion:

The definitions provided in Section 2 of the Railways Act, 1989, are essential for the legal framework surrounding rail transportation in India. Each term has specific legal implications, and understanding these definitions is crucial for interpreting the provisions of the Act effectively. These definitions ensure clarity in the administration, operation, and regulation of railway systems, which is vital for both public safety and efficient transport services.