 the indian railways (second amendment) bill, 1961(as introduced in lok sa8ha on 28th november, 1961)  the indian railways (secojs]) amendment) bill, i¢>i (as introduced in lok sabra) a billfurther to amend the indian railway act, 1890 be it enacted by parliament in the twelfth year of the republic of india as follows:~ i 1 this act may be called the indian railways (second amend- short tide ment) act, 1961 9 of 1890 5 2 in section 82a of the indian railways act, 1890 (hereinafter amendment referred to as the principal act), in sub-section (2), for the words ohection "ten thousand rupees", the words "twenty thousand rupees" shall 82\ be substituted 8 ot 1923 3 for section 82h of the principal act, the following section shall substitution 10 be substituted, namely:"""; '1' ofn~w section for     tcction 82h "82h (1) the right of any person to claim compensation saving alto under section 82a shall not affect the right of any such person to ~rtain recover compensation payable under the workmen's compensa- rights tion act, 1923 or any other law for the time being in force; but is no person shall be entitled to claim compensation more than once in respect of the same accident 20 (2) nothing in sub-eection (1) shall affect the right of any person to claim compensation payable under any contract or scheme providing for payment of compenaation for death or personal injury or f()r damage to property or any um payable under any policy of insurance": ! amendment ot"section 126 4 in section 126 of the principal act, for the words "with transportation for life or with imprisonment for a term which may extend to ten years", the following shall be substituted, namely:-"with imprisonment for life or with rigorous inlprisonment for a term which may extend to ten years: 5 provided that in the absence of special and adequate reasons 1;0 the contrary to be mentioned in the judgment of the court, where a person is prescribed with rigorous imprisonment, such rigorous imprisonment shall-(a) in the case of a first conviction, be not less than 10 three years, or ('b) in the case of a subsequent conviction, be not less than seven years" 5 in section 127 of the principal act, for the words "transportation for life", the words "imprisonment for life" shall be substituted is amendment oflection 127· amendment ofaection 128 6 in section 128 of the principal act, for the words "with 1mprisonment for a term which may extend to two years", the following shall be substituted, namely:-"with imprisonment for a term which may ext~nd to five years: 20 provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall-(a) in the case of a first conviction, be not less than six months, or (b) in the case of a subsequent conviction, be not less than two years"  statement of objects and reasonsunder section 82a of the indian railways act, 1890, the maximum liability of the railway administration for loss occasione« by the death of a passenger dying as a result of a railway accident aad for personal injury and loss of property is limited to rs 10,000 in respect of anyone person in view of the present increased colt of living and the per capita income, it is proposed to raise thij limit to rs 20,000 section 82h of the act provides that the right to claim compensation under section 82a does not affect the right to claim compensation under the workmen's compensation act or any other law for the time being in force this has been interpreted to mean that, ia respect of the same accident, claims may be made' for compensatior under the railways act as well as under the workmen's compensation act or any other law prima facie, there seems to be no reason why compensation should be paid under more than one law especially when the railway has assumed liability whether there is negligence on the part of the railway or not and also when the maximum limit of liability is to be increased to rs 20,000 it is accordingly proposed to restrict the right to claim compensation under anyone of the laws referred to above this does not, however, affect the right to claim compensation under any contract or scheme or policy of insurance section 126 of the act provides a penalty of imprisonment which may extend to 10 years in practice, however, the courts haye usually let off the criminals with lighter punishments which have not proved to be sufficiently deterrent it is, therefore, proposed to amend the section so as to provide for a minimum punishment unle there are special and adequate reasons for not awarding the minimum sentence it is also proposed to amend section 128 (which deals with a cognate offence) on similar lines the bill is intended to give effect to the above proposals opportunity has also been taken to make certain other amendment of - formal nature new delhi; jagjivan ram the 21st november, 1961  financial memorandumunder section 82a (2) of the indian railways act, the maximum limit of liability of the railway administration in respect of anyone person is rs 10,000 clause 2 of the bill seeks to increase this maximum limit to rs 20,000 in view of the increase in the maximum limit of compensation, it will be necessary to revise the rates at which compensation is payable this involves additional expenditure from the consolidated fund of india it is estimated that the additional expenditure on this account will approximately be rs 8 lakhs per annum; in other words, the total expenditure is likely to be rs 135 lakhs as against rs 5·5 lakhs at present :\~ '  annexure extracts from the indian rail~ays act, 1890(9 of 1890)      82a,      liability of railway administration (2) th i ' b'l't f 'i d' 't t' d thi ,in respect or e la 11 y 0 a ral way a mmls ra ion un er s section lccidcnts'to shall in no case exceed ten thousand rupees in respect of any one ~rain8 can'j'" inl gers  as ed-person  - - - - 82h nothing contained in the foregoing sections relating to the sa\'l~1 al to right of any person to claim compensation under section 82a shall ~:~~ affect the right of any such person to recover any compensation pay-~ of 1923, able under the workmen's compensation act, 1923, or any ather law for the time being in force or under any contract or scheme providing for payment of compensatio:1 for death or personal injury or for damage to property or any sur! payable under any policy of insurance,      126, if a person unlawfully-maliciously wrcckin, or any wood attemptiol , to wreck a train (a) puts or throws upon or across any railway stone or other matter or thing, or (b) takes up, removes, loosens or displaces any rail, sleeper or other matter or thing belonging to any railway, or (c) turns, moves, unlocks or diverts any points or other machinery belonging to any railway, or (d) makes or shows, or hides or removes, any signal or light upon or near to any railway, or (e) does or causes to be done or attempts to do any other act or thing in relation to any railway, with intent, or with knowledge that he is likely, to endanger the safety of any person travelling or being upon the railway, he shall be punished with transportation for life or with imprisonment for a term which may extend to ten years, maliciously 127 if a person unlawfully throws or causes to fall or strike at, hurting or against, into or upon any rolling-stock forming part of a train any ~~~~pt~'n~ wood, stone or other matter or thing with intent, or with knowledge tr~"efling by that he is likely, to endanger the safety of any person being in or railway upon such rolling-stock or in or upon any other rolling-stock forming part of the same train, he shall be punished with transportation fc'r life or with imprisonment for a term which may extend to ten years endangering 128 if a person, by any unlawful1lct or by any wilful omission or =-;'~na ;:_ neglect, endangers or causes to be endangered the safety of any ve,liina br person travelling or being upon any railway, or obstructs or causes =ilfui~ tz to be obstructed or attempts to obstruct any rolling-stock upon any omit,iod railway, he shall be punished with imprisonment for a term whic1 may extend to two years - - - - -  a bill further to amend the indian railways act, 1890the president has, in pursuance of clauses (i) and (3) cf article 117 of the constitution of india, recommendt:d to lok sabha the introduction and cl'nsideration of the bill m n kaul, secretary (shrijagjiwan ram, mimster of railways) 