 the indian railways (amendment) bills 19s8 tile indian railways (amendment) bill, 1958 (to be introduced in lok sabha) a billfurther to amend the indian railways act, 1890 bz it enacted by parliament in the ninth year of the republic of india as follows:-1 this act may be called the indian railwaya (amendment) act, ~hort 1958    ,  '~' title s 2 in section  0 of the indian railways act, 1890 (hereinafter amendreferred to as the principal act), for the word ''president'', the word :~~~:f "chairman" shall be substituted 40 10 3 in section 68 of the principal act,-amendment of (a) in sub-section (i), after the words "railway servant", ~~~tion the words "empowered in this behalf by the railway administration" shall be inserted; (b) in sub-section (2), the words ", if empowered in this behalf by the railway administration," shall be omitted 4 in section 108 of the principal act, for the words "with fine amend-is which may extend to fifty rupees", the words "with imprisonment mell;t of for a term which may extend to three months, or with fine which ~o~~lon may extend to two hundred and fifty rupees, or with both" shall be substituted amendment of section 109 5 in sub-section (1) of section 109 of the principal act, for the words "refuses to leave it when required to do so by any railway servant, he shall be punished with fine which may extend to twenty rupees", the following words shall be substituted, namely:-"or having unauthorisedly occupied a berth or seat reserved 5 by a railway administration for the use of another passenger, refuses to leave it when required to do so by any railway servant, he may be removed from the compartment or the berth or seat, as the case may be, by any railway servant authorised by the i\:1ilway administration in this behalf or by any other person whom 10 such railway servant may call to his aid and he shall also be punishable with fine which may extend to twenty rupees"  6 in section 112 of the principal act,-amendment of section 112 (1) in sub-section (i), for the words "in addition to the amount of the single fare for any distance which he may have is travelled", the following words shall be substituted, namely:-"and shall also be liable to pay the excess charge hereinafter in this section mentioned in addition to the ordinary single fare for the distance which he has travelled, or where there is any doubt as to the station from which he started, the 20 0fdinary single fare from the station from which the train originally started, or if the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single crare from the place where the tickets were examined or, in case of their having been 25 examined more than once, were last examined"; (2) after sub-section (1), the following sub-section shall be inserted, namely:-"(la) the excess charge referred to in sub-section (1) shall be a sum equivalent to the ordinary single fare referred 30 to in that sub-section or fifty naye paise, whichever is greater" 7 after section 113a of the principal act, the following section shall be inserted, namely:-"113b (1) when a court convicting a person of an offence 35 under section 112 or section 113 finds that he has been habitually committing or attempting to commit that offence and the court is of opinion that it is necessary or desirable to require that insertion of new section 113b security for good behaviour in certain cases person to execute a bond for good behaviour, such court may at the time of passing the sentence on the person order him to execute a bond, with or without sureties, for such amount and for such period not exceeding three years as it thinks fit s (2) an order under this section may also be made by an appellate court or by the high court when exercising its powers of revision" 8 in section 114 of the principal act, for the words "with fine amerdi which may extend to two hundred rupees", the words "with impri-:~tiono 01 sonment for a term which may extend to three months, or with fine 114 which may extend to two hundred and fifty rupees, ,or with both" shall be substituted 9 in section 116 of the principal act, for the words "with fine amendwhich may extend to fifty rupees" , the words "with imprisonment ~~ri~~f is for a term which may extend to three months, or with fine which 116 may extend to two hundred and fifty rupees, or with both" shall be substituted 20 10 after section 120 of the principal act, the following section insertion h i  of new s al be inserted, namely: -section 120a "120a (1) if a person canvasses for any custom or hawks canvasor ~xposes for sale any article ~hatsoever, in any rai1w~y ~i~k~~g carriage or upon any part of a nu!way, except under and in on a railaccordance with the terms and conditions of a licence granted way by the railway administration in this behalf, he shall be punishable with fine which may extend to two hundred and fifty rupees 30 (2) any such person as is referred to in sub-section (1) may be removed from the carriage or part of the railway by any railway servant authorised by the railway administration in this behalf or by any other person whom such railway servant may call to his aid" 11 in section 121 of the principal act, for the words "with fine amendwhich may extend to one hundred rupees", the words "with impri- mel1:t of   s~hoo sonment for a term which may extend to six months, or with fine 121 which may extend to five hundred rupees, or with both" shall be 35 substituted 12 in section 131 of the principal act, ~fter the figures "101,", the amendfigures "108, 112," shall be inserted mel1:t of lection 111  statement of objects and reasonsthe problems of ticketless travel, misuse of the alarm chain apparatus and nuisance on account of unauthorised hawking have been receiving constant attention of the railways and in spite of their sustained efforts, the evils are continuing without any substantial abatement there has also been, of late, in certain areas, a number of cases of -intimidation of railway servants and interference with their duties on the slightest pretext railway servants have even been man-handled while discharging their nonnal duties 2 it has been increasingly felt, in these circumstances, that in order to deal with these problems effectively, the penal provisiolll for these offences should be made more severe 3 the present bill seeks to achieve this object new delhi; jagjivan ram 7'he 29th november, 1958  chapter vtraffic facilities - - - - - railway rates tribunal - - - - - 48 the tribunal shall have the powers of a civil court under ~ow? of the code of civil proc:edure, 1008, for the purposes of taking evid- bu~aln­ence on oath, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses and shall be deemed to be iq civil court for all tae purpotes of seetion 195 and chapter xxxv of the code of criminal procedure, 1898, and any reference to the presiding officer of a court shall be deemed to include a reference to the president of the tribunal  - - - - - - chapter vi  working 01" railways •- - -  - - catf"iape of passengerb - - - 88 (1) no person shl811, withou~ the pel1jlission of a railway prohibiservant, enter or remain in any carriage on a railway for the purpose tiol~ of travelling therein as a passenger unless he has with him a proper ~f:~~:: pass or ticket li~g without pass or (2) a railway servmt when granting the permission referred to ticket in sub-section (1) shall ordinarily, if empowered in this behalf by the railway adminishmtion, grant to the paasenger a certificate that the passenger has beed permitted to travel in such oarriage upon condition that he aubsequenuy pays the fare payable for the distance to h travelled - - - - -  chapter ix penalties and offences other offences 108 if a passenger, without reasonable and sufficient cause, makes use of or interferes with any means provided by a railway administration for communication between passengers and the railway servants in charge of a train, he shall be punished with fine which may extend to fifty rupees needlessly interfering with means of communication in a train 109 (1) if a passenger, having entered a compal'ltment which is reserved by a railway administration for the use of another passenger, or which already contains the maximum number of passengers exhibited therein or thereon under section 63, refuses to leave it when required to do so by any railway servant, he shall be punished with fine which may extend to twenty rupees   - - - - entering compartment reserved or already full or resisting entry into a compartment not full 112 (1) if a person, with intent to defraud a railway adminiatration,-, (a) enters or remains in any carriage on a railway in contravention of section 68, or fraudulently travelling or attempting to travel without proper pass or ticket (b) uses or attempts to use a single pass or single ticket which has already been used on a previous journey or, in the case of a return ticket, a half thereof which has already been so used, he shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees in addition to the amount of the single fare for any distance which he may have travelled  penalty for transferring season ticket or any half of a return ticket   - - - - 114 if a person sells or attempts to sell, or parts or attempts to part with the possession of, any season ticket or any half of a return ticket, in order to enable any other person to travel therewith, or purchases such season ticket or half of a return ticket, he shall be punishable with fine which may extend to two hundred rupees, and if the purchaser of such season ticket or half of a return ticket, travels or attempts to travel therewith, he shall be punishable with an additional fine which may extend to the amount of the single fare for the journey authorised by the ticket 116 if a passenger wilfully alters or defaces his pass or ticket so altering b  1  1 f '11 or defacas to render the date, num er or any materia portion • uereo 1 e- ing pass gible, he shall be punished with fine which may extend to fifty or ticket rupees - -  - - 121 if a person wilfully obstructs or impedes any railway servant obstructin the discharge of his duty, he shall be punished with fine which ing railway sermay extend to one hundred rupees vant in - - - - - his duty   procedure131 (1) if a person commits wly offence mentioned in section arrest 100, 101, 119, 120, 121, 126, 127, 128 or 129 or in section 130, sub-section for (1), he may be arrested without warrant or other written authority ~~:i:tcs~s by any railway servant or police-officer, or by any other person certain whom such servant or officer may call to his aid sections (2) a person so arrested shall, with the 1€'3st possible delay, be taken before a magistrate having authority to try him or commit him for trial - - - - - - a bill further to amend the indian railways act, 1890 minister of railways) 