(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.
Simplified Explanation
Section 55 of the Railways Act, 1989, prohibits a person from entering or remaining in a train carriage without a valid pass or ticket. It ensures that only passengers who have paid for their travel or have obtained specific permission can travel on a railway carriage. This section is designed to prevent unauthorized travel and enforce the discipline of proper ticketing within the railway system.
Key Provisions:
- Prohibition of Travel Without a Pass or Ticket (Sub-section 1):
- This sub-section mandates that no person can enter or remain in any railway carriage for the purpose of traveling unless they possess a valid pass or ticket.
- A person who has not purchased a valid ticket or does not have a pass for travel is prohibited from boarding the train or continuing their journey.
- The requirement ensures that passengers must adhere to the established system of ticketing, reducing the likelihood of fare evasion and maintaining a fair system for all passengers.
- Obtaining Permission for Travel Without a Ticket (Sub-section 2):
- If a person does not have a ticket or pass but wishes to travel, they may obtain permission from an authorized railway servant (e.g., a conductor or station official) to travel.
- When permission is granted under this provision, the passenger must ordinarily receive a certificate from the railway servant. This certificate confirms that the passenger has been permitted to travel under the condition that they will pay the fare for the distance they intend to travel.
- This provision ensures that passengers without tickets can still board the train, but it holds them accountable for paying the required fare later. It prevents them from taking the journey without paying, ensuring that proper fare collection is maintained.
Application and Context:
- Preventing Unauthorized Travel: The primary purpose of this section is to prevent unauthorized or free travel on Indian Railways. It emphasizes that only those with a valid pass or ticket can board and remain in a carriage during the journey. This provision is crucial for maintaining order and ensuring that all passengers pay for their travel.
- Flexibility for Emergencies: While the law prohibits travel without a ticket or pass, the second sub-section provides a certain degree of flexibility. In cases where a passenger is unable to purchase a ticket due to unforeseen circumstances or other reasons, the railway servant can grant permission to board the train with a subsequent promise to pay the fare. This helps ensure that genuine passengers are not penalized for situations beyond their control.
- Accountability and Fare Collection: The requirement to obtain a certificate when permission is granted ensures that the railway authorities have a record of such permission and the commitment of the passenger to pay the fare. It also makes sure that fare evasion is minimized and the fare is collected, maintaining the financial integrity of the railways.
Practical Examples:
- Example 1: A person boards a train without a ticket, perhaps because they could not purchase one in time. The conductor allows them to board but gives them a certificate confirming that they can travel with the condition that they will pay for the journey later. The person must pay the fare to avoid being penalized.
- Example 2: A passenger without a valid ticket requests to board a train, explaining they missed the ticket window. The station master or conductor may grant permission but issue a certificate indicating the passenger must pay the appropriate fare for the distance traveled once on board.
- Example 3: A person tries to board a train without a ticket or pass, and the ticket inspector refuses permission to board since they do not meet the necessary requirements for travel.
Conclusion:
Section 55 of the Railways Act, 1989, effectively ensures that all passengers on Indian Railways are properly accounted for through valid passes or tickets. It prohibits travel without these documents and provides an option for passengers to seek permission to travel under certain conditions. This provision is key to preventing fare evasion, ensuring that all passengers pay for their travel, and maintaining the integrity and orderliness of the railway system.
