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.
Simplified Explanation
Section 53 of the Railways Act, 1989, addresses the regulation of railway tickets, specifically prohibiting the transfer of certain tickets issued in the name of a person to someone else. This section aims to ensure proper use and management of reserved seats and berths in trains and prevent misuse of tickets.
Key Provisions:
- Ticket Issued in the Name of a Person:
- This provision mandates that a railway ticket issued to an individual can only be used by that person. The primary objective is to ensure that the reserved accommodation (like a seat or berth) is available to the intended passenger who booked it.
- This ensures accountability and reduces instances where tickets are sold or given away to others without proper authorization.
- Transfer of Seat or Berth Between Passengers Traveling by the Same Train:
- The first proviso to this section allows for flexibility by permitting mutual transfers of a seat or berth between passengers traveling in the same train.
- For example, if two passengers who have reserved seats or berths in the same coach wish to exchange them, they may do so, as long as they are on the same train. This helps accommodate passengers with preferences, such as wanting to sit together or moving to a more convenient seat.
- Permission for Change of Name:
- The second proviso allows a railway servant (such as a station officer or authorized railway employee) to permit a change of name on a reserved ticket.
- However, this is subject to specific conditions or circumstances, which are determined by the rules or regulations set forth by the railway authorities.
- This could be applicable in cases where the original passenger cannot travel and needs to transfer the reservation to someone else due to an emergency or unavoidable situation.
Application and Context:
- Passenger Rights and Obligations: The primary intent behind Section 53 is to regulate the use of reserved tickets and prevent unauthorized usage or ticket scalping. It is designed to ensure that only the person whose name appears on the ticket occupies the reserved seat or berth.
- Flexibility with Conditions: While the law restricts the transfer of tickets, it provides a practical solution by allowing mutual transfer of seats among passengers on the same train. This facilitates a smoother experience for travelers, allowing them to adjust their seating arrangements, provided the train has available space and no other restrictions apply.
- Authorized Change of Name: The provision allowing a change of name by a railway servant is important in cases where a passenger cannot travel and wishes to transfer their ticket to another person. The authorization for this change ensures that there is proper control and regulation of who uses the ticket, preventing unauthorized individuals from boarding a train with a reserved seat or berth.
Practical Examples:
- Example 1: A passenger has booked a ticket under their name but finds that they are unable to travel. They cannot transfer the ticket to someone else directly. However, they can approach the railway authorities, and if the circumstances justify it, the name change can be approved by an authorized railway servant, allowing the new person to use the ticket.
- Example 2: Two passengers traveling in the same train wish to swap their seats due to personal preferences (e.g., one wants a window seat, and the other wants an aisle seat). As long as they are traveling on the same train and the change does not violate any other rules, they are allowed to exchange their seats without any legal implications.
Conclusion:
Section 53 of the Railways Act, 1989, strikes a balance between strict regulation and flexibility. It prevents the misuse of tickets while allowing passengers to manage their travel needs by permitting mutual transfers and changes in certain circumstances, subject to authorization. This helps in ensuring a fair, transparent, and efficient system for ticket management and travel accommodations on Indian Railways.
