THE RAILWAYS ACT, 1989

NO. 24 OF 1989

[3rd June, 1989.]

An Act to consolidate and amend the law relating to Railways.

BE it enacted by Parliament in the Fortieth Year of the Republic of India as follows:--

CHAP

PRELIMINARY

CHAPTER I

PRELIMINARY

1. Short title and commencement.

1. Short title and commencement. (1) This Act may be called the Railways Act, 1989.

(2) It shall come into force on such date1* as the Central Government may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

2. Definitions.

    1. Definitions.-In this Act, unless the context otherwise requires,--
      1. "authorised" means authorised by a railway administration;
      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;
    2. (7) "commodity" means a specific item of goods;
    1. 1-7-1990: Vide Notifin. No. S.O. 475 (E), dt 12-6-1990.
      1. "consignee" means the person named as consignee in a railway receipt;
      2. "consignment" means goods entrusted to a railway administration for carriage;
      3. "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;
      4. "demurrage" means the charge levied for the detention of any rolling stock after the expiry of free time, if any, allowed for such detention;
      5. "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;
      6. "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;
      7. "fare" means the charge levied for the carriage of passengers;
      8. "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;
      9. "forwarding note" means the document executed under section 64;
      10. "freight" means the charge levied for the carriage of goods including transhipment charges, if any;
        1. "General Manager" means the General Manager of a Zonal Railway appointed under section 4;
          1. "goods" includes--
          2. containers, pallets or similar articles of transport used to consolidate goods; and
        2. (ii) animals;
      11. "Government railway" means a railway owned by the Central Government;
      12. "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;
(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;
(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 pur-

poses 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;
(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;
(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;
(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;
(40)
"Tribunal" means the Railway Rates Tribunal constituted under 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.

CHAP RAILWAY ADMINISTRATIONS

CHAPTER II

RAILWAY ADMINISTRATIONS

3. Zonal Railways.

3. Zonal Railways.-(1) The Central Government may, for the purpose of the efficient administration of the Government railways, by notification constitute such railways into as many Zonal Railways as it may deem fit and specify in such notification the names and headquarters of such Zonal Railways and the areas in respect of which they shall exercise jurisdiction.

(2)
The Zonal Railway existing immediately before the commencement of this Act shall be deemed to be Zonal Railways constituted under sub-section (1).
(3)
The Central Government may, by notification, declare any unit of the railways engaged in research, development, designing, construction or production of rolling stock, its parts or other equipment used on a railway, to be a Zonal Railway.
(4)
The Central Government may, by notification, abolish any Zonal Railway or constitute any new Zonal Railway out of any existing Zonal Railway or Zonal Railways, change the name or headquarters of any Zonal Railway or determine the areas in respect of which a Zonal Railway shall exercise jurisdiction.

4. Appointment of General Manager.

4. Appointment of General Manager.-(1) The Central Government shall, by notification, appoint a person to be the General Manager of a Zonal Railway.

(2) The general superintendence and control of a Zonal Railway shall vest in the General Manager.

CHAP COMMISSIONERS OF RAILWAY SAFETY

CHAPTER III

COMMISSIONERS OF RAILWAY SAFETY

5. Appointment of Chief Commissioner of Railway Safety and Commissionersof Railway Safety.

  1. Appointment of Chief Commissioner of Railway Safety and Commissioners of Railway Safety. The Central Government may appoint a person to be the Chief Commissioner of Railway Safety and such other person as it may consider necessary to be the Commissioners of Railway Safety.
    1. Duties of Commissioner.
    2. 6. Duties of Commissioner. The Commissioner shall--
      1. inspect any railway with a view to determine whether it is fit to be opened for the public carriage of passengers and report thereon to the Central Government as required by or under this Act;
      2. make such periodical or other inspections of any railway or of any rolling stock used thereon as the Central Government may direct;
      3. make an inquiry under this Act into the cause of any accident on a railway; and
      4. discharge such other duties as are conferred on him by or under this Act.
  2. Powers of Commissioner.
    1. Powers of Commissioner.-Subject to the control of the Central Government, the Commissioner, whenever it is necessary so to do for any of the purposes of this Act, may--
      1. enter upon and inspect any railway or any rolling stock used thereon;
      2. by order in writing addressed to a railway administration, require the attendance before him of any railway servant and to require answers or returns to such inquiries as he thinks fit to make from such railway servant or from the railway administration; and
      3. require the production of any book, document or material object belonging to or in the possession or control of any railway administration which appears to him to be necessary to inspect.
  1. Commissioner to be public servant.
  1. Commissioner to be public servant.-The Commissioner shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
  2. Facilities to be afforded to Commissioners.
  1. Facilities to be afforded to Commissioners.-A railway administration shall afford to the Commissioner all reasonable facilities for the discharge of the duties or for the exercise of the powers imposed or conferred on him by or under this Act.
  2. Annual report of Commissioners.

10. Annual report of Commissioners.-The Chief Commissioner of Railway Safety shall prepare in each financial year an annual report giving a full account of the activities of the Commissioners during the financial year immediately preceding the financial year in which such report is prepared and forward, before such date as may be specified by the Central Government, copies thereof to the Central Government, and that Government shall cause that report to be laid, as soon as may be, after its receipt before each House of Parliament.

CHAP CONSTRUCTION AND MAINTENANCE OF WORKS

CHAPTER IV

CONSTRUCTION AND MAINTENANCE OF WORKS

11. Power of railway administrations to execute all necessary works.

    1. Power of railway administrations to execute all necessary works.-Notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of this Act and the provisions of any law for the acquisition of land for a public purpose or for companies, and subject also, in the case of a non-Government railway, to the provisions of any contract between the non-Government railway and the Central Government, a railway administration may, for the purposes of constructing or maintaining a railway--
      1. make or construct in or upon, across, under or over any lands, or any streets, hills, valleys, roads, railway, tramways, or any rivers, canals, brooks, streams or other waters, or any drains, water-pipes, gas-pipes, oil-pipes, sewers, electric supply lines, or telegraph lines, such temporary or permanent inclined-planes, bridges, tunnels, culverts, embankments, adequcts, bridges, roads, lines of rail, ways, passages, conduits, drains, piers, cuttings and fences, in-take wells, tube wells, dams, river training and protection works as it thinks proper;
      2. alter the course of any rivers, brooks, streams or other water courses, for the purpose of constructing and maintaining tunnels, bridges, passages or other works over or under them and divert or alter either temporarily or permanently, the course of any rivers, brooks, streams or other water courses or any roads, streets or ways, or raise or sink the level thereof, in order to carry them more conveniently over or under or by the side of the railway;
      3. make drains or conduits into, through or under any lands adjoining the railway for the purpose of conveying water from or to the railway;
      4. erect and construct such houses, warehouses, offices and other buildings, and such yards, stations, wharves, engines, machinery apparatus and other works and conveniences as the railway administration thinks proper;
      5. alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them and substitute others in their stead;
      6. erect, operate, maintain or repair any telegraph and telephone lines in connection with the working of the railway;
      7. erect, operate, maintain or repair any electric traction equipment, power supply and distribution installation in connection with the working of the railway; and
      8. do all other acts necessary for making, maintaining, altering or repairing and using the railway.
  1. Power to alter the position of pipe, electric supply line, drain orsewer, etc.

12. Power to alter the position of pipe, electric supply line, drain or sewer, etc.-(1) A railway administration may, for the purpose of exercising the powers conferred on it by this Act, alter the position of any pipe for the supply of gas, water, oil or compressed air, or the position of any electric supply line, drain or sewer:

Provided that before altering the position of any such pipe, electric supply line, drain or sewer, the railway administration shall give a notice indicating the time at which the work of such alteration shall commence, to the local authority or other person having control over the pipe, electric supply line, drain or sewer.

(2) The railway administration shall execute the work referred to in sub-section (1) to the reasonable satisfaction of the local authority or the person receiving the notice under the proviso to sub- section (1).

13. Protection for Government property.

    1. Protection for Government property.-Nothing in sections 11 and 12 shall authorise--
      1. a railway administration of the Government railway to do anything on or to any works, lands or buildings vested in, or in the possession of, a State Government without the consent of that Government; and
      2. a railway administration of a non-Government railway to do anything on or to any works, lands or buildings vested in, or in the possession of, the Central Government or a State Government, without the consent of the Government concerned.
  1. Temporary entry, upon land to remove obstruction, to repair or toprevent accident.

14. Temporary entry, upon land to remove obstruction, to repair or to prevent accident.-(1) Where in the opinion of a railway administration--

(a)
there is imminent danger that any tree, post or structure may fall on the railway so as to obstruct the movement of rolling stock; or
(b)
any tree, post, structure or light obstructs the view of any signal provided for movement of rolling stock; or
(c)
any tree, post or structure obstructs any telephone or telegraph line maintained by it,

it may take such steps as may be necessary to avert such danger or remove such obstruction and submit a report thereof to the Central Government in such manner and within such time as may be prescribed.

(2)
Where in the opinion of a railway administration--
(a) a slip or accident has occurred; or
(b)
there is apprehension of any slip or accident to any cutting, embankment or other work on a railway,

it may enter upon any lands adjoining the railway and do all such works as may be necessary for the purpose of repairing or preventing such slip or accident and submit a report thereof to the Central Government in such manner and within such time as may be prescribed.

(3) The Central Government may, after considering the report under sub-section (1) or sub-section (2), in the interest of public safety, by order, direct the railway administration that further action under sub-section (1) or sub-section (2) shall be stopped or the same shall be subject to such conditions as may be specified in that order.

15. Payment of amount for damage or loss.

15. Payment of amount for damage or loss.-(1) No suit shall lie against a railway administration to recover any amount for any damage or loss caused in the exercise of the powers conferred by any of the foregoing provisions of this Chapter.

(2)
A railway administration shall pay or tender payment for any damage or loss caused in the exercise of the powers conferred by any of the foregoing provisions of this Chapter, and in case of a dispute as to the sufficiency of any amount so paid or tendered or as to the persons entitled to receive the amount, it shall immediately refer the dispute for the decision of the District Judge of the district and his decision thereon shall be final:
Provided that where the railway administration fails to make a reference within sixty days from the date of commencement of the dispute, the District Judge may, on an application made to him by the person concerned, direct the railway administration to refer the dispute for his decision.
(3)
The reference under sub-section (2) shall be treated as an appeal under section 96 of the Code of Civil Procedure, 1908 (5 of 1908) and shall be disposed of accordingly.
(4)
Where any amount has been paid as required by sub-section (2), the railway administration shall, notwithstanding anything in any other law for the time being in force, be discharged from all liabilities to any person whatsoever in respect of any amount so paid.

16. Accommodation works.

16. Accommodation works.-(1) A railway administration shall make

and maintain the following works for the accommodation of the owners and occupiers of lands adjoining the railway, namely:--

(a)
such crossings, bridges, culverts and passages over, under or by the sides of, or leading to or from, the railway as may, in the opinion of the State Government, be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway is made; and
(b)
all necessary bridges, tunnels, culverts, drains, water sources or other passages, over, under or by the sides of the railway, of such dimensions as will, in the opinion of the State Government, be sufficient at all times to convey water as freely from or to the lands lying near or affected by the railway as it was before the making of the railway or as nearly as possible.

(2) Subject to the other provisions of this Act, the works specified in sub-section (1) shall be made at the cost of the railway administration during or immediately after the laying out or formation of the railway over the lands traversed and in such a manner as to cause as little damage or inconvenience as possible to persons interested in the lands or affected by the works:

Provided that--

(a)
a railway administration shall not be required to make any administration shall be liable to execute any further or additional the working or using of the railway, or to make any accommodation works with respect to which the owners or occupiers of the lands have been paid compensation in consideration of their not requiring the said works to be made;
(b)
save as hereinafter, in this Chapter, provided, no railway administration shall be liable to execute any further or additional accommodation works for the use of the owners or occupiers of the lands after the expiration of ten years from the date on which the railway passing through the lands was first opened for public traffic;
(c)
where a railway administration has provided suitable accommodation work for the crossing of a road or stream and the road or stream is afterwards diverted by the act or neglect of the person having the control thereof, the railway administration shall not be compelled to provide any other accommodation work for the crossing of such road or stream.

(3) The State Government may specify a date for the commencement of any work to be executed under sub-section (1) and, if within three months next after that date, the railway administration fails to commence the work or having commenced it, fails to proceed diligently to execute it, the Central Government shall, on such failure being brought to its notice by the State Government, issue such directions to the railway administration as it thinks fit.

Explanation.--For the purposes of this section, the expression "lands" shall include public roads.

17.

Power of owner, occupier, State Government or local authority to causeadditional accommodation works to be made.

17. Power of owner, occupier, State Government or local authority to cause additional accommodation works to be made.-(1) If an owner or occupier of any land affected by a railway considers the works made under section 16 to be insufficient for the use of the land, or if the State Government or a local authority desires to construct a public road or other work across, under or over a railway, such owner or occupier, or, as the case may be, the State Government or the local authority may, at any time, require the railway administration to make at the expense of the owner or occupier or of the State Government or

the local authority, as the case may be, such further accommodation
works as are considered necessary and are agreed to by the railway
administration.
(2)
The accommodation works made under sub-section (1) shall be maintained at the cost of the owner or occupier of the land, the State Government or the local authority, at whose request the works were made.
(3)
In the case of any difference of opinion between the railway administration and the owner or occupier, the State Government or the local authority, as the case may be, in relation to--

(i) the necessity of such further accommodation works; or

(ii) the expenses to be incurred on the construction of such further accommodation works; or

(iii) the quantum of expenses on the maintenance of such further accommodation works, it shall be referred to the Central Government whose decision thereon shall be final.

18. Fences, gates and bars.

    1. Fences, gates and bars.-The Central Government may, within such time as may be specified by it or within such further time, as it may grant, require that--
      1. boundary marks or fences be provided or renewed by a railway administration for a railway or any part thereof and for roads constructed in connection therewith;
      2. suitable gates, chains, bars, stiles or hand-rails be erected or renewed by a railway administration at level crossings;
      3. persons be employed by a railway administration to open and shut gates, chains or bars.
  1. Over-bridges and under-bridges.

19. Over-bridges and under-bridges.-(1) Where a railway administration has constructed lines of rails across a public road at the same level, the State Government or the local authority maintaining the road, may, at any time, in the interest of public safety, require the railway administration to take the road either

under or over the railway by means of a bridge or arch with convenient ascents and descents and other convenient approaches, instead of crossing the road on the level, or to execute such other works as may, in the circumstances of the case, appear to the State Government or the local authority maintaining the road to be best adapted for removing or diminishing the danger arising from the level crossing.

(2)
The railway administration may require the State Government or the local authority, as the case may be, as a condition of executing any work under sub-section (1), to undertake to pay the whole of the
cost of the work and the expense of maintaining the work, to the railway administration or such proportion of the cost and expenses as the Central Government considers just and reasonable.
(3)
In the case of any difference of opinion between the railway administration and the State Government or the local authority, as the case may be, over any of the matters mentioned in sub-section (1), it shall be referred to the Central Government, whose decision thereon shall be final.

20. Power of Central Government to give directions for safety.

20. Power of Central Government to give directions for safety.- Notwithstanding anything contained in any other law, the Central Government may, if it is of the opinion that any work undertaken or may be undertaken, is likely to alter or impede the natural course of water flow or cause an increase in the volume of such flow endangering any cutting, embankment or other work on a railway, issue directions in writing to any person, officer or authority responsible for such work to close, regulate or prohibit that work.

CHAP OPENING OF RAILWAYS

CHAPTER V

OPENING OF RAILWAYS

21. Sanction of the Central Government to the opening of railway.

  1. Sanction of the Central Government to the opening of railway. No railway shall be opened for the public carriage of passengers until the Central Government has, by order, sanctioned the opening thereof for that purpose.
  2. Formalities to be complied with before giving sanction to the openingof a railway.

22. Formalities to be complied with before giving sanction to the opening of a railway.-(1) The Central Government shall, before giving its sanction to the opening of a railway under section 21, obtain a report from the Commissioner that--

(a)
he has made a careful inspection of the railway and the rolling stock that may be used thereon;
(b)
the moving and fixed dimensions as laid down by the Central Government have not been infringed;
(c)
the structure of lines of rails, strength of bridges, general structural character of the works and the size of, and maximum gross load upon, the axles of any rolling stock, comply with the requirements laid down by the Central Government; and
(d)
in his opinion, the railway can be opened for the public carriage of passengers without any danger to the public using it.
(2)
If the Commissioner is of the opinion that the railway cannot be opened without any danger to the public using it, he shall, in his report, state the grounds therefor, as also the requirements which, in his opinion, are to be complied with before sanction is given by the Central Government.
(3)
The Central Government, after considering the report of the Commissioner, may sanction the opening of a railway under section 21 as such or subject to such conditions as may be considered necessary by it for the safety of the public.

23. Sections 21 and 22 to apply to the opening of certain works.

23. Sections 21 and 22 to apply to the opening of certain works.- The provisions of sections 21 and 22 shall apply to the opening of the following works if they form part of, or are directly connected with, a railway used for the public carriage of passengers and have been constructed subsequent to the giving of a report by the Commissioner

under section 22, namely:--

(a)
opening of additional lines of railway and deviation lines;
(b)
opening of stations, junctions and level crossings;
(c)
re-modelling of yards and re-building of bridges;
(d)
introduction of electric traction; and
(e)
any alteration or reconstruction materially affecting the structural character of any work to which the provisions of sections 21 and 22 apply or are extended by this section.

24. Temporary suspension of traffic.

    1. Temporary suspension of traffic.-When an accident has occurred on a railway resulting in a temporary suspension of traffic, and either the original lines of rails and works have been restored to their original standard or a temporary diversion has been laid for the purpose of restoring communication, the original lines of rails and works so restored, or the temporary diversion, as the case may be, may, without prior inspection by the Commissioner, be opened for the public carriage of passengers, subject to the following conditions, namely:--
      1. the railway servant incharge of the works undertaken by reason of the accident has certified in writing that the opening of the restored lines of rails and works, or of the temporary diversion will not in his opinion be attended with danger to the public; and
      2. a notice of the opening of the lines of rails and works or the diversion shall be sent immediately to the Commissioner.
  1. Power to close railway opened for the public carriage of passengers.
    1. Power to close railway opened for the public carriage of passengers.-Where, after the inspection of any railway opened and used for the public carriage of passengers or any rolling stock used thereon, the Commissioner is of the opinion that the use of the railway or of any rolling stock will be attended with danger to the public using it, the Commissioner shall send a report to the Central Government who may thereupon direct that--
    2. (i) the railway be closed for the public carriage of passengers; or
    3. (ii) the use of the rolling stock be discontinued; or
    4. (iii) the railway or the rolling stock may be used for the public carriage of passengers subject to such conditions as it may consider necessary for the safety of the public.
  1. Re-opening of closed railway.
    1. Re-opening of closed railway.-When the Central Government has, under section 25, directed the closure of a railway or the discontinuance of the use of any rolling stock--
      1. the railway shall not be re-opened for the public carriage of passengers until it has been inspected by the Commissioner and its re-opening is sanctioned in accordance with the provisions of this Chapter; and
      2. the rolling stock shall not be used until it has been inspected by the Commissioner and its re-use is sanctioned in accordance with the provisions of this Chapter.
  1. Use of rolling stock.

27. Use of rolling stock.-A railway administration may use such rolling stock as it may consider necessary for the construction, operation and working of a railway:

Provided that before using any rolling stock of a design or type different from that already running on any section of the railway, the previous sanction of the Central Government shall be obtained for such use:

Provided further that before giving any such sanction, the Central Government shall obtain a report from the Commissioner that he has made a careful inspection of the rolling stock and, in his opinion, such rolling stock can be used.

28. Delegation of powers.

  1. Delegation of powers.-The Central Government may, by notification, direct that any of its powers or functions under this Chapter, except section 29, or the rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercised or discharged also by a Commissioner.
  2. Power to make rules in respect of matters in this Chapter.

29. Power to make rules in respect of matters in this Chapter.

(1)
The Central Government may, by notification, make rules to carry out the purposes of this Chapter.
(2)
In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a)
the duties of a railway administration and the Commissioner in regard to the opening of a railway for the public carriage of passengers;
(b)
the arrangements to be made for and the formalities to be complied with before opening a railway for the public carriage of passengers;
(c)
for regulating the mode in which, and the speed at which rolling stock used on railways is to be moved or propelled; and
(d)
the cases in which and the extent to which the procedure provided in this Chapter may be dispensed with.

CHAP FIXATION OF RATES

CHAPTER VI

FIXATION OF RATES

30. Power to fix rates.

30. Power to fix rates.-(1) The Central Government may, from time to time, by general or special order fix, for the carriage of passengers and goods, rates for the whole or any part of the railway and different rates may be fixed for different classes of goods and specify in such order the conditions subject to which such rates shall apply.

(2) The Central Government may, by a like order, fix the rates of any other charges incidental to or connected with such carriage including demurrage and wharfage for the whole or any part of the railway and specify in the order the conditions subject to which such rates shall apply.

31. Power to classify commodities or alter rates.

    1. Power to classify commodities or alter rates.-The Central Government shall have power to--
    2. (a) classify or reclassify any commodity for the purpose of determining the rates to be charged for the carriage of such commodities; and
    3. (b) increase or reduce the class rates and other charges.
  1. Power of railway administration to charge certain rates.

32. Power of railway administration to charge certain rates.- Notwithstanding anything contained in this Chapter, a railway administration may, in respect of the carriage of any commodity and subject to such conditions as may be specified,--

(a) quote a station to station rate;

(b)
increase or reduce or cancel, after due notice in the manner determined by the Central Government, a station to station rate, not being a station to station rate introduced in compliance with an order made by the Tribunal;
(c)
withdraw, alter or amend the conditions attached to a station to station rate other than conditions introduced in compliance with an order made by the Tribunal; and

(d) charge any lump sum rate.

CHAP RAILWAY RATES TRIBUNAL

CHAPTER VII

RAILWAY RATES TRIBUNAL

33. Constitution of the Railway Rates Tribunal.

33. Constitution of the Railway Rates Tribunal.-(1) There shall be a Tribunal, to be called the Railway Rates Tribunal, for the purpose of discharging the functions specified in this Chapter.

(2)
The Tribunal shall consist of a Chairman and two other members to be appointed by the Central Government.
(3)
A person shall not be qualified for appointment as the Chairman of the Tribunal unless he is, or has been, a Judge of the Supreme Court or of a High Court and of the other two members, one shall be a person, who, in the opinion of the Central Government, has special knowledge of the commercial, industrial or economic conditions of the country, and the other shall be a person, who, in the opinion of the Central Government, has special knowledge and experience of the commercial working of the railways.
(4)
The Chairman and the other members of the Tribunal shall hold office for such period, not exceeding five years, as may be prescribed.
(5)
In case the Chairman or any other member is, by infirmity or otherwise, rendered incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, the Central Government may appoint another person to act in his place during his absence.
(6)
A person who holds office as the Chairman or other member of the Tribunal shall, on the expiration of the term of his office (not being an office to fill a casual vacancy), be ineligible for re- appointment to that office.
(7)
Subject to the provisions of sub-sections (5) and (6), the Chairman and other members of the Tribunal shall hold office on such terms and conditions as may be prescribed.
(8)
No act or proceeding of the Tribunal shall be invalidated merely by reason of--
(a)
any vacancy in, or any defect in the constitution of, the Tribunal; or
(b)
any defect in the appointment of a person acting as a Chairman or other member of the Tribunal.

34. Staff of the Tribunal.

34. Staff of the Tribunal.-(1) The Tribunal may, with the

previous approval of the Central Government, appoint such officers and employees as it considers necessary for the efficient discharge of its functions under this Chapter.

(2) The terms and conditions of service of the officers and employees of the Tribunal shall be such as may be determined by regulations.

35. Sittings of the Tribunal.

  1. Sittings of the Tribunal.-The Tribunal may sit at such place or places as it may find convenient for the transaction of its business.
  2. Complaints against a railway administration.

36. Complaints against a railway administration.-Any complaint that a railway administration--

(a) is contravening the provisions of section 70; or

(b) is charging for the carriage of any commodity between two stations a rate which is unreasonable; or

(c) is levying any other charge which is unreasonable,

may be made to the Tribunal, and the Tribunal shall hear and decide any such complaint in accordance with the provisions of this Chapter.

37. Matters not within the jurisdiction of the Tribunal.

    1. Matters not within the jurisdiction of the Tribunal.-Nothing in this Chapter shall confer jurisdiction on the Tribunal in respect of--
    2. (a) classification or re-classification of any commodity;
      1. fixation of wharfage and demurrage charges (including conditions attached to such charges);
      2. fixation of fares levied for the carriage of passengers and freight levied for the carriage of luggage, parcels, railway material and military traffic; and
    3. (d) fixation of lump sum rates.
  1. Powers of the Tribunal.

38. Powers of the Tribunal.-(1) The Tribunal shall have the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for the purposes of taking evidence on oath, enforcing the attendance of witnesses, compelling the discovery and production of documents, issuing commissions for the examination of witnesses and of review and shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1973 (2 of 1974) and any reference in such section or chapter to the

presiding officer of a court shall be deemed to include a reference to the Chairman of the Tribunal.

(2) The Tribunal shall also have power to pass such interim and final orders as the circumstances may require, including orders for the payment of costs.

39. Reference to the Tribunal.

  1. Reference to the Tribunal.-Notwithstanding anything contained in section 37, the Central Government may make a reference to the Tribunal in respect of any of the matter specified in that section and where any such reference is made in respect of any such matter, the Tribunal shall make an inquiry into that matter and submit its report thereon to the Central Government.
  2. Assistance by the Central Government.

40. Assistance by the Central Government.-(1) The Central Government shall give to the Tribunal such assistance as it may require and shall also place at its disposal any information in the possession of the Central Government which that Government may think relevant to any matter before the Tribunal.

(2) Any person duly authorised in this behalf by the Central Government shall be entitled to appear and be heard in any proceedings before the Tribunal.

41. Burden of proof, etc.

    1. Burden of proof, etc.-In the case of any complaint under clause (a) of section 36,--
      1. whenever it is shown that a railway administration charges one trader or class of traders or the traders in any local area, lower rates for the same or similar goods or lower charges for the same or similar services than it charges to other traders in any other local area, the burden of providing that such lower rate or charge does not amount to an undue preference, shall lie on the railway administration;
      2. in deciding whether a lower rate or charge does not amount to an undue preference, the Tribunal may, in addition to any other considerations affecting the case, take into consideration whether such lower rate or charge is necessary in the interests of the public.
  1. Decision, etc., of the Tribunal.
  1. Decision, etc., of the Tribunal.-The decisions or orders of the Tribunal shall be by a majority of the members sitting and shall be final.

Bar of jurisdiction of courts.

  1. Bar of jurisdiction of courts.-No suit shall be instituted or proceeding taken in respect of any matter which the Tribunal is empowered to deal with, or decide, under this Chapter.
  2. Reliefs which the Tribunal may grant.
    1. Reliefs which the Tribunal may grant.-In the case of any complaint made under clause (b) or clause (c) of section 36, the Tribunal may--
      1. fix such rate or charge as it considers reasonable from any date as it may deem proper, not being a date earlier to the date of the filing of the complaint;
      2. direct a refund of amount, if any, as being the excess of the rate or charge fixed by the Tribunal under clause (i).
  1. Revision of decisions given by the Tribunal.
  1. Revision of decisions given by the Tribunal.-Where a railway administration considers that since the date of decision by the Tribunal, there has been a material change in the circumstances on which it was based, it may, after the expiry of one year from such date, make an application to the Tribunal and the Tribunal may, after making such inquiry as it considers necessary, vary or revoke the decision.
  2. Execution of decisions or orders of the Tribunal.
  1. Execution of decisions or orders of the Tribunal.-The Tribunal may transmit any decision or order made by it to a civil court having local jurisdiction and such civil court shall execute the decision or order as if it were a decree made by that court.
  2. Report to the Central Government.
  1. Report to the Central Government.-The Tribunal shall present annually a report to the Central Government of all its proceedings under this Chapter.
  2. Power of the Tribunal to make regulations.

48. Power of the Tribunal to make regulations.-(1) The Tribunal may, with the previous approval of the Central Government, make regulations consistent with this Act and rules generally to regulate its procedure for the effective discharge of its functions under this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--

(a)
the terms and conditions of service of the officers and employees of the Tribunal;
(b)
the award of costs by the Tribunal in any proceedings before it;
(c)
the reference of any question to a member or to an officer of the Tribunal or any other person appointed by the Tribunal, for report after holding a local inquiry;
(d)
the right of audience before the Tribunal, provided that any party shall be entitled to be heard in person, or by a representative duly authorised in writing, or by a legal practitioner;
(e)
the disposal by the Tribunal of any proceedings before it, notwithstanding that in the course thereof there has been a change in the persons sitting as members of the Tribunal;
(f)
a scale of fees for and in connection with the proceedings before the Tribunal.

CHAP CARRIAGE OF PASSENGERS

CHAPTER VIII

CARRIAGE OF PASSENGERS

49. Exhibition of certain timings and tables of fares at stations.

49. Exhibition of certain timings and tables of fares at stations.-(1) Every railway administration shall cause to be pasted in a conspicuous and accessible place at every station in Hindi and English and also in the regional language commonly in use in the area where the station is situated,--

(i)
a table of times of arrival and departure of trains which carry passengers and stop at that station, and
(ii)
list of fares from such station to such other stations as it may consider necessary.

(2) At every station where tickets are issued to passengers, a copy of the time table in force shall be kept in the office of the station master.

50. Supply of tickets on payment of fare.

50. Supply of tickets on payment of fare.-(1) Any person desirous of travelling on a railway shall, upon payment of the fare, be supplied with a ticket by a railway servant or an agent authorised in this behalf and such ticket shall contain the following particulars, namely:--

(i)
the date of issue;
(ii)
the class of carriage;

(iii) the place from and the place to which it is issued; and

(iv) the amount of the fare.

(2)
Every railway administration shall display the hours during which booking windows at a station shall be kept open for the issue of tickets to passengers.
(3)
The particulars required to be specified on a ticket under clauses (ii) and (iii) of sub-section (1) shall,--
(a)
if it is for the lowest class of carriage, be set forth in Hindi, English and the regional language commonly in use at the place of issue of the ticket; and
(b)
if it is for any other class of carriage, be set forth in Hindi and English:

Provided that where it is not feasible to specify such particulars in any such language due to mechanisation or any other reason, the Central Government may exempt such particulars being specified in that language.

51. Provision for case in which ticket is issued for class or train nothaving accommodation for additional passengers.

51. Provision for case in which ticket is issued for class or train not having accommodation for additional passengers.-(1) A ticket shall be deemed to have been issued subject to the condition of availability of accommodation in the class of carriage and the train for which the ticket is issued.

(2) If no accommodation is available in the class of carriage for which a ticket is issued, and the holder thereof travels in a carriage of a lower class, he shall, on returning such ticket, be entitled to a refund of the difference between the fare paid by him and the fare payable for the class of carriage in which he travels.

52. Cancellation of ticket and refund.

  1. Cancellation of ticket and refund.-If a ticket is returned for cancellation, the railway administration shall cancel the same and refund such amount as may be prescribed.
  2. Prohibition against transfer of certain tickets.

53. Prohibition against transfer of certain tickets.-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.

54. Exhibition and surrender of passes and tickets.

    1. Exhibition and surrender of passes and tickets.-Every passenger shall, on demand by any railway servant authorised in this behalf, present his pass or ticket to such railway servant for examination during the journey or at the end of the journey and surrender such ticket--
    2. (a) at the end of the journey, or
    3. (b) if such ticket is issued for a specified period, on the expiration of such period.
  1. Prohibition against travelling without pass or ticket.

55. Prohibition against travelling without pass or ticket.-(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.

56. Power to refuse to carry persons suffering from infectious orcontagious diseases.

56. Power to refuse to carry persons suffering from infectious or contagious diseases.-(1) A person suffering from such infectious or contagious diseases, as may be prescribed, shall not enter or remain in any carriage on a railway or travel in a train without the permission of a railway servant authorised in this behalf.

(2)
The railway servant giving permission under sub-section (1), shall arrange for the separation of the person suffering from such disease from other persons in the train and such person shall be carried in the train subject to such other conditions as may be prescribed.
(3)
Any person who enters or remains in any carriage or travels in a train without permission as required under sub-section (1) or in contravention of any condition prescribed under sub-section (2), such person and a person accompanying him shall be liable to the forfeiture of their passes or tickets and removal from railway by any railway servant.

57. Maximum number of passengers for each compartment.

  1. Maximum number of passengers for each compartment.-Subject to the approval of the Central Government, every railway administration shall fix the maximum number of passengers which may be carried in each compartment of every description of carriage, and shall exhibit the number so fixed in a conspicuous manner inside or outside each compartment in Hindi, English and also in one or more of the regional languages commonly in use in the areas served by the railway.
  2. Earmarking of compartment, etc., for ladies.
  1. Earmarking of compartment, etc., for ladies.-Every railway administration shall, in every train carrying passengers, earmark for the exclusive use of females, one compartment or such number of berths or seats, as the railway administration may think fit.
  2. Communications between passengers and railway servant in charge oftrain.

59. Communications between passengers and railway servant in charge of train.-A railway administration shall provide and maintain

in every train carrying passengers, such efficient means of communication between the passengers and the railway servant in charge of the train as may be approved by the Central Government:

Provided that where the railway administration is satisfied that the means of communication provided in a train are being misused, it may cause such means to be disconnected in that train for such period as it thinks fit:

Provided further that the Central Government may specify the circumstances under which a railway administration may be exempted from providing such means of communication in any train.

60. Power to make rules in respect of matters in this Chapter.

60. Power to make rules in respect of matters in this Chapter.-

(1)
The Central Government may, by notification, make rules to carry out the purposes of this Chapter.
(2)
In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a)
the convenience and accommodation (including the reservation of seats or berths in trains) to passengers;
(b) the amount of refund for the cancellation of a ticket;
(c)
the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted;
(d)
the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations;
(e) diseases which are infectious or contagious;
(f)
the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected;
(g)
generally, for regulating the travelling upon, and the use, working and management of the railways.
(3)
Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees.
(4)
Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge.

CHAP CARRIAGE OF GOODS

CHAPTER IX

CARRIAGE OF GOODS

61. Maintenance of rate-books, etc., for carriage of goods.

  1. Maintenance of rate-books, etc., for carriage of goods.-Every railway administration shall maintain, at each station and at such other places where goods are received for carriage, the rate-books or other documents which shall contain the rate authorised for the carriage of goods from one station to another and make them available for the reference of any person during all reasonable hours without payment of any fee.
  2. Conditions for receiving, etc., of goods.

62. Conditions for receiving, etc., of goods.-(1) A railway administration may impose conditions, not inconsistent with this Act or any rules made thereunder, with respect to the receiving, forwarding, carrying or delivering of any goods.

(2) A railway administration shall maintain, at each station and at such other places where goods are received for carriage, a copy of the conditions for the time being in force under sub-section (1) and make them available for the reference of any person during all reasonable hours without payment of any fee.

63. Provision of risk rates.

63. Provision of risk rates.-(1) Where any goods are entrusted to a railway administration for carriage, such carriage shall, except where owner's risk rate is applicable in respect of such goods, be at railway risk rate.

(2) Any goods, for which owner's risk rate and railway risk rate are in force, may be entrusted for carriage at either of the rates and if no rate is opted, the goods shall be deemed to have been entrusted at owner's risk rate.

64. Forwarding note.

64. Forwarding note.-(1) Every person entrusting any goods to a railway administration for carriage shall execute a forwarding note in such form as may be specified by the Central Government:

Provided that no forwarding note shall be executed in the case of such goods as may be prescribed.

(2)
The consignor shall be responsible for the correctness of the particulars furnished by him in the forwarding note.
(3)
The consignor shall indemnify the railway administration against any damage suffered by it by reason of the incorrectness or incompleteness of the particulars in the forwarding note.

65. Railway receipt.

65. Railway receipt.-(1) A railway administration shall,--

(a)
in a case where the goods are to be loaded by a person entrusting such goods, on the completion of such loading; or
(b)
in any other case, on the acceptance of the goods by it, issue a railway receipt in such form as may be specified by the Central Government.

(2) A railway receipt shall be prima facie evidence of the weight and the number of packages stated therein:

Provided that in the case of a consignment in wagon-load or train-load and the weight or the number of packages is not checked by a railway servant authorised in this behalf, and a statement to that effect is recorded in such railway receipt by him, the burden of

proving the weight or, as the case may be, the number of packages
stated therein, shall lie on the consig nor, the consignee or the
endorsee.

66. Power to require statement relating to the description of goods.

66. Power to require statement relating to the description of goods.-(1) The owner or a person having charge of any goods which are brought upon a railway for the purposes of carriage by railway, and the consignee or the endorsee of any consignment shall, on the request of any railway servant authorised in this behalf, deliver to such railway servant a statement in writing signed by such owner or person or by such consignee or endorsee, as the case may be, containing such description of the goods as would enable the railway servant to determine the rate for such carriage.

(2)
If such owner or person refuses or neglects to give the statement as required under sub-section (1) and refuses to open the package containing the goods, if so required by the railway servant, it shall be open to the railway administration to refuse to accept such goods for carriage unless such owner or person pays for such carriage the highest rate for any class of goods.
(3)
If the consignee or endorsee refuses or neglects to give the statement as required under sub-section (1) and refuses to open the package containing the goods, if so required by the railway servant, it shall be
open to the railway administration to charge in respect of the carriage of the goods the highest rate for any class of goods.
(4)
If the statement delivered under sub-section (1) is materially false with respect to the description of any goods to which it purports to relate, the railway administration may charge in
respect of the carriage of such goods such rate, not exceeding double the highest rate for any class of goods as may be specified by the Central Government.
(5)
If any difference arises between a railway servant and such owner or person, the consignee or the endorsee, as the case may be, in respect of the description of the goods for which a statement has been delivered under sub-section (1), the railway servant may detain and examine the goods.
(6)
Where any goods have been detained under sub-section (5) for examination and upon such examination it is found that the description of the goods is different from that given in the statement delivered under sub-section (1), the cost of such detention and examination shall be borne by such owner or person, the consignee or the endorsee, as the case may be, and the railway administration shall not be liable for any loss, damage or deterioration which may be caused by such detention or examination.

67. Carriage of dangerous or offensive goods.

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 1984), 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.

68. Carriage of animals suffering from infectious or contagious diseases.

  1. Carriage of animals suffering from infectious or contagious diseases.-A railway administration shall not be bound to carry any animal suffering from such infectious or contagious disease as may be prescribed.
  2. Deviation of route.
  1. Deviation of route.-Where due to any cause beyond the control of a railway administration or due to congestion in the yard or any other operational reasons, goods are carried over a route other than the route by which such goods are booked, the railway administration shall not be deemed to have committed a breach of the contract of carriage by reason only of the deviation of the route.
  2. Prohibition of undue preference.
  1. Prohibition of undue preference.-A railway administration shall not make or give any undue or unreasonable preference or advantage to, or in favour of, any particular person or any particular description of traffic in the carriage of goods.
  2. Power to give direction in regard to carriage of certain goods.

71. Power to give direction in regard to carriage of certain goods.-(1) The Central Government may, if it is of the opinion that it is necessary in the public interest so to do, by general or special order, direct any railway administration--

(a)
to give special facilities for, or preference to, the carriage of such goods or class of goods consigned by or to the Central Government or the Government of any State or of such other goods or class of goods;
(b)
to carry any goods or class of goods by such route or routes and at such rates;
(c)
to restrict or refuse acceptance of such goods or class of goods at or to such station for carriage,

as may be specified in the order.

(2)
Any order made under sub-section (1) shall cease to have effect after the expiration of a period of one year from the date of such order, but may, by a like order, be renewed from time to time for such period not exceeding one year at a time as may be specified in the order.
(3)
Notwithstanding anything contained in this Act, every railway administration shall be bound to comply with any order given under sub-section (1) and any action taken by a railway administration in

pursuance of any such order shall not be deemed to be a contravention of section 70.

72. Maximum carrying capacity for wagons and trucks.

72. Maximum carrying capacity for wagons and trucks.-(1) The gross weight of every wagon or truck bearing on the axles when the wagon or truck is loaded to its maximum carrying capacity shall not exceed such limit as may be fixed by the Central Government for the class of axle under the wagon or truck.

(2)
Subject to the limit fixed under sub-section (1), every railway administration shall determine the normal carrying capacity for every wagon or truck in its possession and shall exhibit in words and figures the normal carrying capacity so determined in a conspicuous manner on the outside of every such wagon or truck.
(3)
Every person owning a wagon or truck which passes over a railway shall determine and exhibit the normal carrying capacity for the wagon or truck in the manner specified in sub-section (2).
(4)
Notwithstanding anything contained in sub-section (2) or sub- section (3), where a railway administration considers it necessary or expedient so to do in respect of any wagon or truck carrying any specified class of goods or any class of wagons or trucks of any specified type, it may vary the normal carrying capacity for such wagon or truck or such class of wagons or trucks and subject to such conditions as it may think fit to impose, determine for the wagon or truck or class of wagons or trucks such carrying capacity as may be specified in the notification and it shall not be necessary to exhibit the words and figures representing the carrying capacity so determined on the outside of such wagon or truck or such class of wagons or trucks.

73. Punitive charge for overloading a wagon.

    1. Punitive charge for overloading a wagon. Where a person loads goods in a wagon beyond its permissible carrying capacity as exhibited under sub-section (2) or sub-section (3), or notified under sub- section (4), of section 72, a railway administration may, in addition to the freight and other charges, recover from the consignor, the consignee or the endorsee, as the case may be, charges by way of penalty at such rates, as may be prescribed, before the delivery of the goods:
    2. Provided that it shall be lawful for the railway administration to unload the goods loaded beyond the capacity of the wagon, if detected at the forwarding station or at any place before the destination station and to recover the cost of such unloading and any charge for the detention of any wagon on this account.
  1. Passing of property in the goods covered by railway receipt.

74. Passing of property in the goods covered by railway receipt.

The property in the consignment covered by a railway receipt shall pass to the consignee or the endorsee, as the case may be, on the delivery of such railway receipt to him and he shall have all the rights and liabilities of the consignor.

75. Section 74 not to affect right of stoppage in transit or claims forfreight.

    1. Section 74 not to affect right of stoppage in transit or claims for freight. Nothing contained in section 74 shall prejudice or affect--
      1. any right of the consignor for stoppage of goods in transit as an unpaid vendor (as defined under the Sale of Goods Act, 1930) (3 of 1930.) on his written request to the railway administration;
      2. any right of the railway to claim freight from the consignor; or
      3. any liability of the consignee or the endorsee, referred to in that section, by reason of his being such consignee or endorsee.
  1. Surrender of railway receipt.
    1. Surrender of railway receipt. The railway administration shall deliver the consignment under a railway receipt on the surrender of such railway receipt:
    2. Provided that in case the railway receipt is not forthcoming, the consignment may be delivered to the person, entitled in the opinion of the railway administration to receive the goods, in such manner as may be prescribed.
  1. Power of railway administration to deliver goods or sale proceedsthereof in certain cases.
  1. Power of railway administration to deliver goods or sale proceeds thereof in certain cases. Where no railway receipt is forthcoming and any consignment or the sale proceeds of any consignment are claimed by two or more persons, the railway administration may withhold delivery of such consignment or sale proceeds, as the case may be, and shall deliver such consignment or sale proceeds in such manner as may be prescribed.
  2. Power to measure, weigh, etc.
    1. Power to measure, weigh, etc. Notwithstanding anything contained in the railway receipt, the railway administration may, before the delivery of the consignment, have the right to--
      1. re-measure, re-weigh or re-classify any consignment,
      2. re-calculate the freight and other charges; and
    2. (iii) correct any other error or collect any amount that may have been omitted to be charged.
  1. Weighment of consignment on request of the consignee or endorsee.

79. Weighment of consignment on request of the consignee or endorsee.-A railway administration may, on the request made by the consignee or endorsee, allow weighment of the consignment subject to such conditions and on payment of such charges as may be prescribed and the demurrage charges if any:

Provided that except in cases where a railway servant authorised in this behalf considers it necessary so to do, no weighment shall be allowed of goods booked at owner's risk rate or goods which are perishable and are likely to lose weight in transit:

Provided further that no request for weighment of consignment in wagon-load or train-load shall be allowed if the weighment is not feasible due to congestion in the yard or such other circumstances as may be prescribed.

80. Liability of railway administration for wrong delivery.

  1. Liability of railway administration for wrong delivery.-Where a railway administration delivers the consignment to the person who produces the railway receipt, it shall not be responsible for any wrong delivery on the ground that such person is not entitled thereto or that the endorsement on the railway receipt is forged or otherwise defective.
  2. Open delivery of consigrments.
  1. Open delivery of consigrments. Where the consignment arrives in a damaged condition or shows signs of having been tampered with and the consignee or the endorsee demands open delivery, the railway administration shall give open delivery in such manner as may be prescribed.
  2. Partial delivery of consignments.

82. Partial delivery of consignments. -(1) The consignee or endorsee shall, as soon as the consignment or part thereof is ready for delivery, take delivery of such consignment or part thereof notwithstanding that such consignment or part thereof is damaged.

(2)
In the case of partial delivery under sub-section (1), the railway administration shall furnish a partial delivery certificate, in such form as may be prescribed.
(3)
If the consignee or endorsee refuses to take delivery under sub-section (1), the consignment or part thereof shall be subject to wharfage charges beyond the time allowed for removal.

83. Lien for freight or any other sum due.

83. Lien for freight or any other sum due.-(1) If the consignor, the consignee or the endorsee fails to pay on demand any freight or other charges due from him in respect of any consignment, the railway administration may detain such consignment or part thereof or, if such consignment is delivered, it may detain any other consignment of such person which is in, or thereafter comes into, its possession.

(2) The railway administration may, if the consignment detained under sub-section (1) is--

(a) perishable in nature, sell at once; or

(b) not perishable in nature, sell, by public auction, such consignment or part thereof, as may be necessary to realise a sum equal to the freight or other charges:

Provided that where a railway administration for reasons to be recorded in writing is of the opinion that it is not expedient to hold the auction, such consignment or part thereof may be sold in such manner as may be prescribed.

(3)
The railway administration shall give a notice of not less than seven days of the public auction under clause (b) of sub-section
(2)
in one or more local newspapers or where there are no such newspapers in such manner as may be prescribed.
(4)
The railway administration may, out of the sale proceeds received under sub-section (2), retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus of such proceeds and the part of the consignment, if any, shall be rendered to the person entitled thereto.

84. Unclaimed consignment.

84. Unclaimed consignment.-(1) If any person fails to take delivery of--

(a) any consignment; or

(b)
the consignment released from detention made under sub- section (1) of section 83; or
(c) any remaining part of the consignment under sub-section
(2)
of section 83; such consignment shall be treated as unclaimed.
(2)
The railway administration may,--
(a)
in the case of an unclaimed consignment which is perishable in nature,
(b)
in the case of an unclaimed consignment which is not perishable in nature, cause a notice to be served upon the consignee if his name and address are known, and upon the consignor if the name and address of the consignee are not known, requiring him to remove the goods within a period of seven days from the receipt thereof and if such notice connot be served or there is a failure to comply with the requisition in the notice, sell such consignment in the manner provided in clause (b) of sub-section (2) o