Section 67: Carriage of dangerous or offensive goods

(1) No person shall take with him on a railway, or require a railway administration to carry such dangerous or offensive goods, as may be prescribed, except in accordance with the provisions of this section.

(2) No person shall take with him on a railway the goods referred to in sub-section (1) unless he gives a notice in writing of their dangerous or offensive nature to the railway servant authorised in this behalf.

(3) No person shall entrust the goods referred to in sub-section (1) to a railway servant authorised in this behalf for carriage unless he distinctly marks on the outside of the package containing such goods their dangerous or offensive nature and gives a notice in writing of their dangerous or offensive nature to such railway servant.

(4) If any railway servant has reason to believe that goods contained in a package are dangerous or offensive and notice as required under sub-section (2) or sub-section (3), as the case may be, in respect of such goods is not given, he may cause such package to be opened for the purpose of ascertaining its contents.

(5) Notwithstanding anything contained in this section, any railway servant may refuse to accept any dangerous or offensive goods for carriage or stop, in transit, such goods or cause the same to be removed, as the case may be, if he has reason to believe that the provisions of this section for such carriage are not complied with.

(6) Nothing in this section shall be construed to derogate from the provisions of the Indian Explosives Act, 1884 (4 of 1884), or any rule or order made under that Act, and nothing in sub-sections (4) and (5) shall be construed to apply to any goods entrusted for carriage by order or on behalf of the Government or to any goods which a soldier, sailor, airman or any other officer of the armed forces of the Union or a police officer or a member of the Territorial Army or of the National Cadet Corps may take with him on a railway in the course of his employment or duty as such.

Simplified Explanation

Section 67 of the Railways Act, 1989, regulates the carriage of dangerous or offensive goods by rail. It provides a framework to ensure that such goods are transported safely, with proper notification and precautions. The section establishes the responsibilities of individuals who wish to carry dangerous or offensive goods and outlines the powers of railway servants to manage such goods.

Key Provisions:

1. Prohibition and Notification (Sub-sections 1 and 2):
   • Prohibition (Sub-section 1): No person is allowed to carry dangerous or offensive goods on a railway, or require the railway administration to carry such goods, unless the provisions of this section are followed.
   • Notification (Sub-section 2): Before carrying dangerous or offensive goods, the person must provide written notice to the railway servant authorized in this regard, clearly identifying the dangerous or offensive nature of the goods.
2. Marking of Packages (Sub-sections 3):
   • A person entrusting dangerous or offensive goods to the railway for carriage must:
     • Mark the package containing such goods with a clear indication of their dangerous or offensive nature.
     • Provide written notice to the railway servant of the nature of the goods, ensuring that the authorities are aware of the potential risks associated with the cargo.
3. Inspection of Goods (Sub-section 4):
   • If a railway servant suspects that a package contains dangerous or offensive goods and has not been properly notified or marked, they have the authority to open the package to verify its contents.
   • This allows the railway authorities to take necessary actions to ensure safety and prevent the carriage of dangerous goods without appropriate precautions.
4. Refusal or Removal of Dangerous Goods (Sub-sections 5):
   • A railway servant has the authority to refuse the acceptance of dangerous or offensive goods for carriage if the required provisions (notice, marking, etc.) have not been met.
   • Additionally, if dangerous or offensive goods are found in transit, the railway servant may:
     • Stop the goods in transit, or
     • Remove the goods, if they are not being carried according to the law.
   • This ensures that the transportation of hazardous goods complies with safety regulations at every stage of the journey.
5. Exceptions (Sub-section 6):
   • Indian Explosives Act, 1884 (Sub-section 6): This section does not override the provisions of the Indian Explosives Act, 1884, or any related rules or orders made under that Act, ensuring that those regulations take precedence when it comes to the handling of explosives.
   • Exemption for Government and Armed Forces (Sub-section 6, Proviso): The provisions of this section do not apply to goods carried by or on behalf of the Government or to goods carried by:
     • Armed forces personnel (soldiers, sailors, airmen, etc.) while performing official duties, or
     • Police officers, members of the Territorial Army, or National Cadet Corps personnel carrying goods in the course of their duties.

Practical Implications:

• Safety of Transporting Dangerous Goods: This section ensures that hazardous or potentially offensive goods are identified early, and proper safety measures are taken. The requirement for both notification and marking of dangerous goods ensures that railway authorities are alerted to the presence of such items and can take the necessary precautions.
• Prevention of Risk: By giving railway servants the power to inspect suspicious packages and refuse or remove dangerous goods, this section minimizes the risk of accidents or harm caused by the transportation of hazardous materials. It also safeguards public safety by ensuring that goods are properly regulated and managed during transit.
• Government and Armed Forces Exemptions: The exemptions provided for government shipments and personnel in the armed forces ensure that operations critical to national defense or law enforcement are not unduly delayed or obstructed by these provisions. However, this still assumes that such goods are being carried in compliance with other safety regulations like the Indian Explosives Act, 1884.

Examples:

• Example 1: A person attempting to send a package containing chemicals that could be hazardous does not inform the railway authorities about the nature of the goods. If the railway servant discovers the chemicals and no prior notice was provided, the goods can be rejected or removed in transit, and the sender may face legal consequences for non-compliance.
• Example 2: A consignor wishing to transport explosives for a construction project must provide written notice and properly mark the packages as containing explosives. If the consignor fails to do so, the railway authorities may refuse to accept the goods, and the consignor could be penalized.
• Example 3: A soldier traveling with materials for an official military operation may carry dangerous goods (such as explosives) without following the specific provisions of Section 67. However, the soldier’s goods would still be subject to regulations under the Indian Explosives Act, 1884 for safety.

Conclusion:

Section 67 of the Railways Act, 1989, establishes clear rules for the safe and regulated transport of dangerous or offensive goods by rail. It ensures that such goods are properly declared, marked, and handled to minimize risk to passengers and the railway infrastructure. The section also balances public safety with operational flexibility, particularly in the case of government and defense-related goods.