 2 s ap~ ,gaf bill no 46 of 1985 the railways bill, 1988 - arrangement of clauses  clauses1 short title and commencement 2 definitions  chapter ii railway administration3 zonal railways 4 appointment of general manager  chapter m commissions of railway san:rr5 appointment of chief commissioner of railway safety add commissioners of railway safety 6 duties of commissioner 7 powers of commissioner 8 commissioner to be public servant 9 facilities to be afforded to commissioners  chapter iv construction and maintenance of works10 power of railway administrations to execute all necessary works 11 power to alter the position of pipe, electric supply line, drain or sewer, etc 12 protection for government property 13 temporary entry upon land to remove obstruction, to ~ or to prevent accident 14 payment of amount fo;r damage or loss 15 accommodation works 16 power of owner, occupier, state goveriunent or local authority to cause additional accommodation works· to be made 17 fences, gate~ and bars 18 overbridges and underbridges  chapter v,: { " ~ 01' railways  ~vbes19 sanction of ,the central government to tj1e opening of railway 20 formalities to be complied with before giving sanction to the /0 opening of a railway : 21 sections 19' and 20 to apply to the opening of certaln works 22 temporary suspension of traftic ?-1 power to close railway opened for the public carrjage of passengers 24 re-opening of closed railway 25 use of rolling stock 28 delegation of powers 27 power to make rules in respect of matters in this chapter  chapter vi fixation 01' rates28 power to fix rates 29 power to classify commodities or alter rates   30 power of railway administration to charge certain ratel  chapi'er vn railway rates 'l'ilnrunal31 constitution of the railway rates tribunal 32 staff of ~he tribunal 33 sittings of the tribunal 34 complaints against a railway administration ~ matters not within the jurisdiction of the tribunal 36 powers of the tribunal 37 reference to the tribunal 38 assistance by the central government  • burden of proof, etc 40 decision, etc, of the tribunal 41 bar of jurlldiction of courts 42 reuefs which the tribunal may grant 43 revision of decisions given by the tribunal 44 ex:ecution of decisions or orders of the tribunal 45 report to the central government 46 power of the tribunal to make regulations  c}tapter vm  carriage 01' passengers47 exhibition of certain' timings and tables of fares at station •• 4& supply of tickets on payment of fare  clausib49 provision for case in which ticket is h8ued for ~888 or tram not having accommodation for additional pll8eftpl'l, 50 cancellation of ticket and refund 5l prohibition against transfer of certain tickeils 52 exhibition and surrender of passes and tickets 53 prohibition against· travelling without pass or ticket 54 power to refuse to carry persons suffering from infectious contagious diseases 55 maximum number of passengers for each compartment 56 earmarking of compartment, etc'j for ladies 57 communications between passengers and rallway  t incharge of trains  58 power to make rules in respect of matters in this chapter  chapter ix carriage of goods59 ~tenance of rate-books, etc, for carriage of goods 60 conditions for receiving, etc, of goods- 61 provision of risk rates 62 forwarding note 63 railway receipt 64 power to require statement relating to the description of goods 65 carriage of dangerous or offensive goods 88 carriage of animals suffering from infectious or contagious diseases fyi deviation of route 68 prohibition of undue preference 69 power to give directions in regard to carriage of certain goods 70 maximum carrying capacity for wagons and trucks 71 punitive charge for overloading a wagon 72 passing of property in the goods covered by railway rece:pt 73 section 72 not to affect right of stoppage in transit or claima for freight 74 surrender of railway receipt 75 power of railway administration to deliver goods or sale proceeds thereof in certain cases ' , 76 power to measure, weigh, etc 77 weighment of consignment on the request of the consignee or endorsee 78 ijability of railway administration for wrong delivery 79 open delivery of consignments 80 partial delivery of consignments  cla'cses81 lien for freight or any other sum due 82 unclaimed consignment 83 disposal of perishable consignments in certain circumstances 84 sales under sections 81, 82 and 83 not to affect the right to suit 85 power to make rules in respect ot matters in this chapter  chapter x special provisions as to goods booked to no'tlfied stations86 definitions 87 power to declare notified stations 88 disposal of unremoved goods at notified stations 89 price to be paid to person entitled after deducting dues 90 power to make rules in respect of matters in this chapter  chapter xi responsmni:ties of railway admlnistltation as carriers91 general responsibility of a railway administration as carrier of goods 92 goods to be loaded or deliverpd at a siding not belonging to a railway administration 93 goods carried in open vehicles 94 delay or detention in transit 95 traffic ~ing over railways in india and railways in foreign countries 98 goods carried at owner's risk rate 9'1 goods in defective condition or defectively packed 18 responsibility of a railway administration after termination of trldllt 99 responsibility as carrier of luggage 100 responsibility as a carrier of animals 101 exoneration from liability in certain cases 102 extent of monetary liabiijty in respect of any consignent 103 right of railway administration to check contents of anv goods or luggage 104 notiee of claim for compensation and refund of over charge 105 suits for compensation' for loss, etc, of goods 106 person entitled to claim compensation 107 suits for compensation for personal injury, etc 108 burden of proof  109 extent of liability of railway administration in respect of accidents at sea 110 power to make rules in respect of matters in this, chapter  chapter xii aa:ml::nts clauses111 notice of railway accident 112 inquiry by commissioner 113 inquiry by railway administration 114 powers of commissioner in relation to inquiries 115 statement made before commissioner  116 procedure, etc 117 no inquiry, investigation, etc, to be made if the commiiiion of inquiry is appointed 118 inquiry into accident not covered by section 111 119 returns i 120 power to make rules in respect of matters in this chapter -   chapter xin liamlity or railway administration roa dmtk anj) injl7ii1' to passbngebs dull: to accjdii:r'l's121 definitions l22 extent of liability 123 claims commissioner 124 application for compensation 125 interim relief ,by railway administration 126 procedure and powers of claims commissioner 127 claims commissioner to decide the liability to pay compensation, etc 128 determination of compensation in respect of death 129 provision for medical examination of persons injured 130 determination of compensation in respect of any injury or loss of goods 131 payment of compensation i 132 appeals against the decision of a claims commissioner 133 saving as to certain rights 134 power to make rules in respect of matters in this chapter   chapter xiv rmula'l'10n of houbs of work and pbrlod or iidt135 definitions 136 chapter not to apply to certain railway servants 137 limitation of hours of work 138 grant of periodical rest 139 railway servant to remain on duty 140 supervisors of railway labour 141 power to make rules in respect of matters in this chapter  chapter xv penalties and 0fi'enc:rs claus1'8142 fraudulently travelling or attempting to travel without proper - pass or ticket  143 levy of excess charge and fare for trave1ltng without proper pass or ticket or beyond authorised distlace 144 power to remove persons 145 security for good behaviour in certain cases 14& needlessly interfering with means of communication in a tnin 147 penalty for transfer of tickets - 148 penalty for unauthorised carrying on of business of procur1dg and supplying of rail way tickets 149 prohibition on hawking, etc, and belling 150 drunkenness or nuisance 151 obstructing railway servant in his duties 152· trespass and refusal to desist from trespass 153 penalty for making a false statement in an application for compensation 154 making a false claim for compensation 155 maliciously wrecking or attempting of wreck a train 1~ damage to or destruction of certain railway propertle& 157 maliciously hurting or attempting to hurt per80ds ~ by' railway i 156 endangering safety or persons travelling by railway by wilful act or omission   159 endangering safety of persons ,travelling ,by railway by rash or negligent act or omission   160 entering into a compartment reserved or resisting entry into a compartment not reserved i'  161 entering carriage in motion or otherwise improperl1 travelling on a railway ~ 162 travelling on roof, step or engine of a train 163 altering or defacing pass or ticket 164 penalty for contravention of any of the provisions of chapter xlv 165 disobedience of or drivers or condu~s of vehicles to directions of railway servant, etc 166 opening or breaking a level crosaing gate 167 cattle trespass ' 168 negligently crossing unmanned level crolllling 169 entering carriage or other ~ reaerved for females 170 giving false account of goods 111 unlawfully bringing dangerous goods on a railwar 172 ·unlawfully bridging offensive goods on a railway  clauses173 deiaclngpublic notices 174 'smoking 175 travel on railway with-infectious or contagious dlleaae 176 provision with respect to commis'sion· of offence by the childred of acts ellciangering safety of pertoil travellingoll railway 177 levy of penalty on:non-govemment railway 178 recovery of penalty 179 section 177 or 178 not to preclude central government from taking any other action 180 penalty for drunkenness 181 abandoning train, etc, without authority 182 obstructing rwming of train, etc 183 endangering the safety of persons 184 obstructing level ,,"ossing 185 false returns 186 making a false report by a rtrllway servant 187 penalty for wilfully permitting a person suffering from any infectious or contagious disease to travel -188 omission to give notice of accident 189 arrest fqr offences under cenain sections 190 arrest of persons likely to abscond, etc 191 magistrate having jurisdiction upder the act 192 place of trial  i itf  - chapter xvi miscellaneous193 power to provide other transport services 194 taxation on railways by local authorities 195 taxation on railways for advertisement 196 bar of jurisdiction of civil courts 197 protection of action taken in good faith 198 restriction on execution aeainst railway property 199 railway servants to be public servants for the purj)oses of chapter ix and section 409 of the indian penal code 200 railway servants not to engage in trade 201 procedure for delivery to railway administration of property detained by a railway servant 202 proof of entries in records and documents 203 service of notice, etc, on :railway administration 204 service of notice, etc, ,by railway administration 205 presumption where notice is served by' post 206 representation of railway administration 207 power to exempt railway from act  clausib208 matters supplemental to the deftnitions of "railway" and "railway servant" 209 general power to make rules 21,0 rules to be laid before parliament 211 repeal and saving  the schedule a billto coftboudate and amend the law relating to r"ilw4111 be it enacted by parliament in the thirty-seventh 'year of-·tho republic of india as follows:- chapter i pal:liminaby5 1 (1) this act may be called the railways act, 1986 short title auf c:omen""" meilt (2) it shall come into force on such date as the central government may by notification ill: 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 co~eilcement 10 of' this act shall be construed as·a reference to the coming into foree of that provision 2 in this act, unless the context otherwise requires,-jlegaj lion •• (1) "authorised" means authorised by a railway administration; (2) "carriage" means the carriage of passengers or goods- by a 15 ' railway administration; ,(3) "classification" means the classification of commodities made under section 29· for the purpose of determining the rates, to be charged for carriage of such commodities; (4) "cl~ss rates" mean's the rate fixed fot' a class of commodity in 20 the classification;'  (5) "commissioner" means the chief commissioner of railway safety, or the commissioner of railway safety appointed under section 5; (6) "commodity" mean~ a, !ped6c item of goods; - ':,p - - (7) "codaignee" means the ~'t1lgft named as ~onsipee in a railway receipt; :'" \ i ' · (') "codaipunent" means goods ~ted to  a railway admidiltration for carriale; ~ \ ' i ' (9) "consignor" means the person, nam~ ill a rauway' r~t u cou1por, by whom or on whose behalf goods ~ji'ij'i'ied ,by the riilway receipt are entrusted to a railway administratiorr ,for carriage; (10) "demurr" means the charge levied for !the' ~etention of any rolling stock 11th the expiry ot free tim~ it ajiy~  allowed for 10 such detention; " ,~ (11) "endorsee" means the person in whose favour an l'u:doraement is matt_ and in the case of successive endorsements, the '8ftiqd in whose favour the last endorsement is made; ,,' \ (12) "endorsement" means the signing by the consignee or t1i~ '\ i endotsee· aftft' -adding q direction on a railway receipt to pais the property in the goods mentioned in' such receipt to a specified person; (13) "tare" mean! the charge l~vied for the carriage of passen- cera; ,  , (h) "ferry" includes a bridge of boats, pontoons or rafts, a swang, ~ pridget a fty-bridge- and a temporary bridge and' the approachea to, an~lancltng plaeesofj aferry j (15) "forwarding n:lte" means the document executed under section 62; (16) "freight" means the charg~ levied for the carriage of goods 25 including transht~ent charges; if 'any; (17) "general manager" means the general manager of a zeaal raijwa~' appointed under section 4; 4 (1') "l(jods" includes animals;  , (19) "goverament railway" mens a railway owned by thq30 central government; (20) "in transit" in relatibn to the carriage of goods by railway, means the period wtween the·,oommencement aud the termiaatlon of tranlit of such'~; and unless otherwise previously detennined-(ci) transit commences as soon as the railway receipt is ibaued 35 or the conalpment il loaded, whichever is earlier; ~ or; ' (b) transit termtdates on the 'expiry ot the tree time,aj,jowed for unloading ot consignment from  any' rolling  'stock and wjaere ~ unloading lu" been,'completed within·such free time, tradiit terminates on the expiry of the free time allowed, for the zoe- 40 i"" , ~v"  l of the goocisfr:om the railway premises; ~ "level cl"ossing" means an inter-ieetioj:l otaroad 1vith li=i 04 r~ at the sam~ lenel: ' (22) "luggage" melln9 tbe gqods of a pas~er either' carried by j:wn in his charge or entrusted to a railway admin1strati~ for carriage; (23) "lump sum ra,te" means the rate mutuau1y ~ upon between a railway a~stration and a co~~r for the" carriage of iqods and for any service in relation to such can1age; , "  -(24) "non:oovemment raitway" means a rafiway other than a government railway; (~) "notification" means a notification published in the official g~ette; 10 (2~) "parcel" means goods entrusted to a railway -admini!!ltration for carriage by a passenger or a parcel train; (27) "pass" means ;m rmthority given by the ceratl'al govemment or a railway administration to a perscm allowing him to tl'avei as 11 passenger, but does not include a ticket; (28) "passsenger" means a person travelling witb a valid pass or 20 ~cket; act: (29) "prescribed" means prescribed by rules made under thil'  (30) "railway" means a railway, or any portion of a railway, for the public carriage of passengers or goods, and includes-(a) all 'lams within· the fimces or ether'  bowlury mara indicatilig the limits of, the land 'appurtenant to a railway; (b) all lines of rails, sidings, or yards, or branches uied for the purposes of, or in connection with, a railway; (c) all rolling stock stations, offices, warehouses,wbarves, workshops, manufactories, fixed plant and machinery, roads and streets, running rooms, r~t ho~es, institutes, hospitals, water viorks and water sujply, mnations, staff dweuings and ady other works constructed for the purposes of, or in connection with, railway; and (d) all vehicles which ar~ used on any road for tbe purposes of traftlc of a railway and owned, hired' or worked by aiatlway; and 35  (e) all ferries, shipb, boats and rattswhu;h are· w;ed,0a, any canal, river, l~~or otherna~qle inlejjd,ten for die ",arposes of the' traftic of a rauway and owned; hired or wor"'ked by a railway administrction" but does not include-40 (i) a tramway wholly within a municipal area; and (ii) lines of raus buil~ in any exhibwon  grolldcl, fair, park, or ~\dy other place so~ely for the p1q'pose of ~cnatiod; (31) "railway administration", ir re:lition to-45 (a) a govenunent railway means the ·otmeral 'manafer' of_ zonal railway; and (b) a non-govern~t railway, means t,be pel"8on who i8 the owner or lessee of the railway or the person worldtlf the tan_ay 'wider an'agte~ment; (32) "railway receipt" means the receipt issued under ilaetion a; (83) "railway servant" means any person employed by the central government or by a railway administration in connection with the service of a railway; (84) "rate" includes any fare, freight or any other charge for the 'carriage of any passenger er goods; 5 (35) "regulations" means the regulations made by the railway rates tribunal under thi!:j act; "(36) "rolling stock" includes locomotives, tenders, carriages, wagons, rail-cars, containers, trucks, trolleys and vehicles of all kinds moving on rails; 10 (37) "station to station rate" means a special reduced rate applicable to a specific commodity booked between specified stations; (38) "ticket" includes a single ticket, a return ticket and a season ticket; (39) "traffic" includes rolling stock of every description, as well j 5 as passengers and goods; (40) "tribunal" means the railway rates tribunal constituted under section 31; (41) "wharfage" means the charge levied on goods for not removing them from the railway after the expiry of the tree time for 20 such removal; (42) "zonal railway" means a zonal 'railway constituted under section 3  chapter it ra:ilway administrations25 zcmal aahway, "cl, (1) the: central government may, for the purpdse of the efjlcient administration of the government railways, by notification, constitute such'ra,uways 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 go (2) the zonal railways 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 35 or prodution of rolling stock, its parts or other equipment used on a !ailw~, to be a zonal rallway (4) the central gove,rnment may, by notification, abolish any zonal rafl~1 or constitute any new zonal railway out of any existing zonal rallway or zonal railways, change the name or headquarters of any zonnl 40 aanway ,or determine the areas in respect of which a zonal railway shall carerciie jurisdiction j (1) the central government shall, by notification, appoint a pe1'iojl -to be the general manager of a zonal railway appoiat_ meat of gederal manager (2) th~ genet:a1 superintendence and control of a zonal railway shall vest in the general manager  ,  5 chapter iiicommissioners of railway 8apety appoint-s the central government may appoint a person to be the chief meat commissioner of railway safety and such other persons as it may comdder of chief commisnecessary to be the commissioners of railway safety sioner of raijway safety and colddlissionera of railway safety 10 6 the commissioner 'shall-(a) inspect any railway with a view to ~etermine whether it is duties of fit to be opened for the public carriage of passengers and report thereon commis" to the central government as required by or under this act; , ianel (b) make such periodical or other inspections of any j'ailway or of any roilijlg stock used thereon as the central government may direct; (c) make an inquiry under this act into the cause of any accident on a railway; and llo (d) discharge such other duties as are conferred on him by e)i' under this act 7 sublect to the control of the central government, the commissioner, powers of ~~ whenever it is necessary 'so to do tor any of the purpoles of this act, may-own  ~ (ii) enter upon and inspect any railway or any relling stock: ued ioner thereon; (b) by order in writing addressed to a rail way admidistratiod, require the attendance before him of any railway servant and to require answers or returns to such enquiries as he thinks fit to make from such railway servant or from the' railway administration; and so (c) require the production of any ~k, docwnent or material object belonging to or in the possession or control of any rauway admintsttation which appears to him to be necessary to in'spect 8 the c()mmissioner shall be deelneci to be a public servant within the meanmg of section 21 of the indian penal code 4s of 1860 {)muniitiodii' to bo' pablic 'servaat t a j'auway administration shall afford to the commissioner all facilfti "s5·:reuonable tcuities for the diseharge of the duties or for the exerciae of to bo ~ powersijdposed or conferred on him by or under this act atronled to eommill- chapter iv consiructlo~ and maintllnance of worespower of radway administrations to eucule all neces aary works 10 notwithstanding anything contained in any other law for the tiule being in force, but subject to the provision's of this act and the provlstoda of any law for the acquisition of land for a public parpose or for com-5 panies, and subject also, in the case of a non-govermnent railway, to the provisions of any contract between the non-government railway and the central government, a railway administration may, for the p~ of constructing or maintaining a railway-(a) make or construct in or upon, accross, under or over any 10 lands, or any streets, hills, valleys, roads, railway, tramways, or any rivers, canals, brooks streams or other waters, or any drains, waterpipes, gass-pipes, oil-pipes, sewers, electric supply lines, or telegraph lines, such temporary or pennanent inclined-planes, arches, tudnels, culverts, embankments, aquaducts, bridges, roads, lines of rails, ways, 15 passages, conduits, drains, pienlw cuttings and fences, in-take wells, tube wells, dams, river training and protection works as it thinks proper; ~ (b) alter the course of any rivers, brooks, streams or other water courses, for the purpose of construction and ~~ t~ls, 20 bridges, passages or other works over or under them' '8nd divert or alter either temporarily or pennanently, the course of any rivers, brooks, streams or other water courses or any roads, streets or ways, or raiweor sink the level thereof, in order to' carry them more cod-veniently over or under or by the side of the railway; 25 (c) make drains or conduits into, through or rlnder any lailds adjoining the railway for the p~rpose of conveying water from or to the railway; (el) erect and construct such houses, warehouses, omces and other buildings, and such yards, stations ~harves, en,eines, ,machi- qo nery apparatus and other works and conveniences as the railway" administration thinks proper; (e) alter, repair, or discontinue such buildings wor~ and, conveniences as aforesaid or any of them and substitute others in their stead· • , i ,<i;" , ~ ~~ (j) erect, operate maintain or repair any tel'~h and tele· phone lines in connection with the working of the' r8uway; and (g) do all other acts necessary for making, maintaining, altering or repairing and using the railway, 11 (1) a railway administration may, for the purpose of e~ 40 the powers conferred on it by this act, alter the position 'of any 'ptpe for the supply of gas, water oil or compressed air, or the position of lny electric supply line, dr~n or sewer: ~to  ,tiie  of ,  c:tric' ", ude drain or 8~, etc provided that before altering the position of any s-"lcb pipe, ;eleetric supplylifte, drain or sewer, the railway administration shlll·gte~ '45 indicating the time at which the work of sueb alteratlon'sid:_ mance, to the local authority or ot,per person having control oftr the pipe, e1eetric supply line, drain or sewer (2) the railway adminiatl'ation shall execute the work referred· to in sub-aeetiar (1) to the reasonalxe,satisfaction ef the 10aal authority or the pel'bon receiving the notice under the proviso to su~ (i) 12 nothing in sections 10 and 11 shall authorise-5 protectioil for ocmm-blollt'"'" perty (a) a railway adminjs~ation of the governmept railway to do anything on or to any work$, lands or buildings vested in, or jn the pouession of, a state government without the consent of that gov  ·erament; and 10 (b) a railway administration of a non-government railway to do anything on or to any works, lands or buildings vested in, or in the poaession of, the central government or a state government witbout the consent of the government concerned 13 (1) where in the opinion of a railway administration-15 temporary elltry upoll iluid to remove obit! uc:tioil, to repair" or to prevcilt accident, (4) there is imminent danger that any tree post or structure ~y fall on the railway so as to obstruct the movement of rolling stock; (b) any tree, post, structure or light oqstructs the view of any signal provided for movemert of rolling stock; or (c) any tree, post or structure obstructs any telephone or telegraph line maintained by it, 20 it may take such steps as may be necessary to avert such danger or ~ve such obstruction and s'lbmit a report thereof to the centre! government in such manner and within such time as may be prescribed (2) where in the opinion of a railway administration-25 (4) a slip or ~ccident 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 preventin~ &"lch slip or accicfent and subluit a report th~reot to the central government in 30 such manner' and ~thm such time as may be prescribed (3) the central government may, after consideril'lg the report under sub-section (1) orsub-eection (2), in the interest of public satety, by order, direct the railway administration that further action rmder sub-15 section (1) or sub-section (2) shall be stopped or the same shall be subject to such conditions as may be specifted in the order 14, (1) no suit shall lie against a railway administration to recover paydwlt of any am~unt for any damage or lou caused in the exercise of the powers iidouilt for conf~~q by, any of the foregoing provisions of ' this chapter damale or 1081 40 (2) a rauway administration shall payor, tender payment for any ,damag or laa, cause~ in the· exercise of the powers conferred by any of the foregoing provisions of this chapter, and in case' of a dlspute as to the s'aftlciency of any amount so paid or tendered or as to the persons entitled to receive the' amdullt, it shall immediately refer the dispute to -tc the decriaiod of the district judge of the district and his decision thereon \i &ball be idal ' , -'  ' " - • (8) the reference under sub-section (2) shall be treated as an appeal under lictlon 98 of the code of civil procedure, 1908 and shall be dfi 5 of 1908, posed of accorcungly (4) where any amount has been paid as reqtjind by sub-aection (2), the railway administration shall, notwithstanding anything in any other 5 law for the time being in force, be cuscharged from allliabiuty to any penon whatsoever in respect of any amount so paid accommodation works 15 (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:-10 (m) such crossings, bridges, arches, 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 pul'pose of making good any interruptions caused 1;>y the railway to the use 'c1f the lands through which the railway is made; and 15 (b) all necessary at'ches, tunnels, culverts drains, water sources or other passages, over, under or by the sides of the railway, of such dimeaslons as will, in the opinion of the state government be ijufftclent 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 20 railway or as nearly as possible  (2) s"lbject to the other provisions of this act, the works specified in clauses (a) and (b) of 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 25 as to cause as little damage or inconvenience as possible to persons interested in the lands or aff'ertp~ by the works: provided that-(a) a railway administration shall not be required to make any accommodation works in sl1ch a manner as would ~revent or obstrrjct 30 the workinr' or usin" of the railway or to make any accommodatinn works with respect to which the owners or occupiers of the lands have heen paid compensation in consideration of their not reauirin~ the raid works to be made: (b) '=::iv~· 8!' 'here'i1'lafter in th", chnotp, t:l"i')~rled not til;1wav 35 fldministration shall he li"l)le to execute ~nv further or ~dditiotlal accommodation works for the use of the owners or occupiers of the inn~s after the e~iration ef ten yert's fr"m the drte on which the' rflfl''i'fly f)1ssing thro"lqh the lands wa'3 first onenett for public tt'ilftic: (c) where a railway administration has 'dro'rideri snitll'hle accorn- 40 modatton wnrk for the cm!'!"fn~ 6f a road or 1it"p'l'im nnd the l'nad or stream is afterwards diverted bv the net or neplpct nf f:hp 'derson having the control thereof, the railwlilv ""mfnf,,tratf'"tn ,hlll1 nnf: l'ie compelled to provide nnv other accommodation work fnr the c'rnq"ng of such road or stream  45 (3) the state govemment mav snecifv 8 drtp for the cr\l'l'lmpncement of any work to be executed under subseetion (nand if within three months next after that d~te, the railway flrjministration fails to commenc(" 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, iss·le such directions to the railway administration as it thinks fit 5· erpzanation-for the purposes· of this section, the expression "lands" shall include public roads 16 (1) if an owner or occupier of any land affected by a railwa'y con power of siders the works made 1plder section 15 to be insufficient for the· use of owjlor, the land, or if the state government or a local authority desires to con· :~:~~~v 10 struct a public road or other work· across, under or over a railway j such emment owner or ,occupier, or as the case may be the state government or the or local local authority, may, at any time, require the railway administration to authority make at the expense of the owner or occupier or of the state government to cause or the local authority, as the case may be, such further accommodation additional accommo· 15 works as are considered necessary and are agreed to by the railway dation administration ; works to be made (2) the accommodation works made under s"jb-section(1) shall be maintained at the cost of the occupier or owner of the land  the state government or the' local authority, at whose request the works were 20 made' " (3) in the case of any difference of opinion between the railway administration and the owner or occupier the state c;;overnment or t~e local authority, as the case may be, in relation to-(i) the necessity of such further accommodation works; or ~5 (ii) the expenses to be incurred on the construction of 'such further accommodation works; or (iii) the quantum of expen~es on the maintenance of such further accommodation works, it shall be referred to the central government whose decision thereon 10 shall be final 17 the central government may within such time as may be speci-fences, fled by it or within such further time, as it may, grant, req: lire thatgatel and barl, (a) boundary marks or fences be provided or renewed by a railway administration for a railway or any part thereot and tor roads constructed in connection therewith; 35 (b) suitable gates, chains bars, stiles, or hand-rails be erected or renewed by a railway administration ~t level crossing;  (c) persons be employed by a railway administration to open and shut gates, chains or bars lo 1~ (1) where a railway administration has constructed 11,:raes of rails across a public road at the same level the st,te goverttment or the local authority maintaining the road, may, at any· time, in the interest of p·jbllc 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 ~5 and descents and other convenient approaches, ihstead of crossing the road on the level, or to execute such qther works as may in the circumstances of the case, appear to the state government or local authority maintaining the road to be best adapted for removing or diininishing the danger arisil)g 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 exeo-lting any work under sub-section (1), to undertake to pay the whole of the 5 cost of the work and the expense of maintaining the work, to the rauway administration or such proportion of the cost and expenses as the railway admtnistratton thinks 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 10 may be, over any of the matten; mentioned in su~ections (1) and (2), it shall be referred to the central government whose decision thereon shall be final  chapter v opening of railways"andiod it no railway shall be opened for'the public carriage of passengers lj~~ t~o;:~ ,until the central government has by order, sanctioned the opening ment to thereof for that purpose: the opening of ·railway 20, (1) the central government shall, before givirlg its sanction to the opening of a railway under section 19, obtain a report fi'om the com- 20 missioner that-formalities to be complied with before living' sanction to 'the opening of a railway, (a) he has made a careful inspection of the railway and the rolling stock that may be used thereon; (b) the m,oving and fixed dimensions as laid down by the central government hove not been infrillgedj !l5 (c) the structure of lines of rails strength of bridges, general structural character of the works and the size of, and maximum gt'os's load upon, the ,axle9 of any rol1i~ stock, comply with the requirements laid down by the central goverdment; and (d) in his opinion the railway can be opened for the public 30 carriage of passengers without any danger to the public using it (2) if the commissioner is of tae &ion 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 req:jirements which, in his opinion, are, to be complied with before sanction is given by the central govern- 35 ment '  - - '---- (3) the central government: after considering the report of the com-missioner may sanction the opening ,ofa railway under section 19 as 88ch or subject to s1ich conditions a's may be considered necessary by it for the safety of the piilblic ' , /  '  4::> ~ the provisions oflections 19 and 20 shall apply to the opening of the following works if they form part -of, or are direetly connected with, apply to the openia of certain works a rauwa,y used far the public camaae of ~era add have , __ tructed &"jbsequent to the giving of a report by ~e commiuioder'1oiwi-section 20 namely:-j (ii) opening of additional lines of railway and deviation lines; (b) openidc of stations, judctioijs and level cl'oii8iup; 5 (c) re-modelling of yards and re-building of bridges; (ci) introduction of electric traction; and (e) ad1 alteration or reconstruction materially ~ the structural character of any work to wbichtbe proviaiods" of hctiodb 19 add 20 apply or are extended by tbis aecticm  10 22 when an accident has occurred on a railway resultidj in a tam-temporary porary s"lspension of traffic, and either the original lines of rails and suspension works have been ~stored t~ their original standard or a tempoary diverof traffic sion has been laid for the purpose of restoring communicati~ the origi-15 nal lines of rails and works so restored, or the temporary diveraion"  the c_ may be, may, wi~out prior inspection bytbe commiuioner, be opened for the public carriage of "medger, subject to the foljq:wina conditions, namely:-(a) the railway servant incharge of the works und~en by reason of the accident has certified in writing that the openidc of the restored lines of rails and works, or of the temporary· diversion will dot in hit opinion be attedded with danger ,to the public; add (b) a notice by telegraph of the opening of the lines of rails and works or the divel?ion shall be sen~, as soon as may be, to the commisbiode1' u where after the inspection of any railway opened and used power to for the pablic carriage of paasengers or any rolling stock used thereon, close railway the commissioner is of opinion that the llse of the railway or of any °thpenedbl~or he bli  't, th e pu ic rolling stock will be attended with danger to t pu c usldg 1  e curiaae of 30 commissioner shall send a report to the central government who may passe_gers thereupon direct that-(i) the railway be closed for the public carriage of passengers; or (ij) the use of the rolling stock be discontinued; or (i£ii) the railway or the rolling stock may be used for the public 35 carriage of passengers sabject to such conditions as it may comider necessary for the safety of the public  24 when the central government has, under section 23, directed the re-opening ~losure of a railway or the discontinuance of the use of any rolling stockof closed railway (a) 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 (b) the rolling stock shall not b~ used until it has been inspected by the commissioner and its re-ase is sanctioned in accordance with the provisions of ws chapter 45 21 'a railway administration may use such -rolling stock as it may consider necessary for the· construction, operation and working of a railway: u" of toluol stock provided that before using any rolling stock of a design or type difteren~ from 'that already running on any section of the railway the 5 previous sanction of the central government shall be obtained for such use  dole,a· lion of powcrs • the central government may, by notification, direct that any ~f its powers or functions 'under this chapter except section 27, or the r~es made thereunder shall, in relation to such matters and' subject to such 10 conditions, if any, as may be specified in the notification, be exercised or discharged also by a commissioner 27(1) the central gover-ament may, by notification, make rulus to carry out the purposes of this chapter power to mtlkc rulcs in respect of matters id this chapter (2) in particular, and without prejudice to the generality of the fore-" 5 going power, such rules may provide for all or 'any of the following matters, namely:-:-(a) the duties of a railway administration and the comnussioner in regard to the opening of a railway for the public carriage of passengersj 20 , (b) the arrw;agements to be made for and the formalities to be complied with before opening a railway for the public carriage of passengers; and (c) for l'egulating the mode in which, and the speed at which rolling stock used oh railways is to be moved or propelled; 25 (d) the' cases in which and the extent to which the procedure in this chapter may be di'spensed with  chapter vi fixation of rates~8 (l) the central o;overnment may, from time to time, by general 30 power to fix rates 01' special order fix, for the c~rriage of passengers and goods rate~ for the whole or any part of the railway and different ,rates may be fixed for different class of goods and specify in such order the cond,ition subject to which such rates shall apply (2) the central government may, by a like order, fix the rates of any 35 other charges incidental to or connected with ·such carriage including 'demurrage and whadage for the whole or any part of the railway and ',' _'pacify in the order the conditions subj,ect to which such rates shall " "ly , ,,"'" ,,' ~ the central government shall have' power to -40 power to ,  fy cimdiodit1eaoralterrateb (a) classify or reclassify any commodity for the purpose of de  minjng the ,rates to be charged for the carriage of such commodities; , or ', (b) increase or reduce the class rate and other charges go notwithstanding anything contained in this· chapter, a railway' power of administration may in respect of the carriage of any commodity and railway subject to such conditions as may be speci1ied,-adminis-(ei) quote a etation to station rate; or  tration to charge certain rates 5 t b) increase or reduce or cancel, after due notice in the manner detennined by tlje central government, a station to station rate, not being a station to station rate introduced in compliance with an  order made by the tribunal; or  (c) withdraw, after or amend the con,ditions attached to a 10 station to station rate other t~ conditions introduced in compliance with an order made by the tribunal; or (d) charge any lump sum rate  chapter vn railway rates tribunal15 ;31 (1) there shall be a tribunal, to be called the railway rates tribunal, for the purpose of discharging the function's specified in this chap~·  ''::onslitutionof tberall way rates tribunal (2) the tribunal shall consist of a chairman and two other members to be appoin~d by the central government ro (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 0, economic conditions of the country, and 25 the othel shall be a person, who, in the opinion of the central government, has special knowledge and experience of the commercial working of the railwayii  (4) the chairman and the other members of the tribunal shall hold olfice for such period, not exceeding five ye~rs, a'll! may be prescribed 30 (&) in case the chairman or any other member is, by infirmity or otherwise, reqdered incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, the ce!w'al government may appoint ano~er person to act in hi's place during his absence 35 (6) a persol'\ who holds office as the chairman or other member of the tribunal shall, on the expiration of the term of his office (not betni 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 4u and other members of the tribunal shall hold office on such terms and conditions as may be prescribed (8) no act or proceedings of the tribunal shall be invalidated merely by rea'son of-(a) any vnc:mcl' in, or any d('r~ct in the constitution of, thl"  tribunal; or 4:5 , (b) 8dy defect in the appointment of a person acting as a chairman er other member of the tribunal staff 3% (1) the tribunal may, with the previous approval of the central government, appoint such officers and employees as it consiqers neces-sbl'1 for the efficient discharge of, its functions under this chapter 5 (2~ the terms and coilditions of service of the oftlcets and employees of the tribunal shall ,be such as may be determined by regulations· 33 the tribunal may sit at such place or places as it may find convenient for the traniamon of its business sittinls of the tribunal 34 any complaint that a railway administration-10 (a) is contraveni,ng the provisions of section 88; (b) is charging for the carria,ge of any commodity between two stations a rate which is unreasonable; qr complaints , against a railway administration (c) is levying ally other charge which is unreasonable; may be made to ~he tribunal, and the tribunal shall hear and decide any 15 such complaint in accordance with the provisions of this chapter 35 nothing in this chapter shall confer jurisdiction on the tribunal in respect of:-(a) cla~sification or re-classification of any commodity; (b) fixation of wharfage and demurrage charges (including go conditions attached to such charles); matters not with· 'in the jurisdictionof the tribunal (c) fares levied for the carriage 'of passengers and freight levied for the carriage of luggage, parcels, railway material and military traffic; and (d) lump sum rates 5 of 1908 powers of the tribunal 2 of 1974 36 (1) 'rhc 'lribllnal :;h1l11 have the powers of a civil court under the code of civil procedure 1908 for the purposes of taking evidence on oath enforcing the attendance of witnesses, compelling the discovery,  production of doeuments and, illlumg commissions for the examination of witnesses and of review and shall be deemed to a civil court for all so the purposes of sectioni 195 and chapter xxxv of the' code of criminal procedure, 1973 and any reference in such section or chapter to the pre· siding officer of a court shall be deemed to include a reference to the cjwrman of the tribunal (2) the tribunal shall also have power to pass such interim and final 85  driers as the ckcumstances may req~ire, includiag orders for the pay-:mant of casts  reference of the tribunal 3'7 notwithstandin'g anything contained in section 35, the central ocmmiment may make ii referenee to the tribunal in re~pect of any of the matters specified in that section and where any such 'reference is made 40 jll rqpft'~ of any such matter, the tribunal shall make an inquiry into that matter llnd submit its report thereon to the central government asistanee by the ceat1'ii1 31 (1) the central government shall aive to the tribunal such· assistance u it may piiquire and un also pace at its chiposal  an)' iuormatton in the paasscm of the central governmeat which that go¥-ernment may think ~elevant to any matter before the trillunal gove~­ment 5 (2) any person duly authorised in this behalf by the central government shall be entitled to appear and be heard in ai\y' proceedings before the tribunal     39 in the ease of any complaint under clause (a) of sectiolll 3,-(a) whenever it is shown that a railway admiftistratkm; c!harges burden cst proof etc j 0 one trader or class of traders or the traders in any local area, lot or rates for the same or similar goods or lower charges for the same or similllr services than it charges to ~ther traders in any other local area, the burden of pt'oving that such lower rate or charge does not amount to an undue p1"eference, shall he ojl the railway adminis-'5 tration; (b) in deciding whether a lower me or charge does ·net amount to an undue preferenee, the tribunal may, in additiolt ta nyother considerations affecting the case, take iidto consideration whether such lower rate or charge is necessary in the interests of the publk  ' 20 ct the 'decision at' orders of the trtbunal shad be by • majol'tty at ·the members sitting and ,hall be fil'lal decofaion etc of the ·tribunal bar of 41 no suit shall be instituted or proceeding taken in respect of any matter which the tribuna' is empowered to deal with, or decide, under this chapter jurlldi'~­tion of courts 25 42 in the case of complaint under clause (b) or clause (c) itf seetlon 34, the tribunal ma),-  reliet which·the tribud&l maygret (i)  fix such rate or charge as it considers l'eaaonabie from any date as it may deem proper, not being a date earlier to 'the date-of the filing of the complaint; 3n (ii) direct a refund of amount, if any  as being the ex-oe&i of the rate or charge fixed by the tribunal under clause (i) revision of decisions 43 where b railway admlnistnltien considers that sinee 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 35 from such date, make an application to the tribunal and the tribunal may, after making such inquiry as it considers necessary, vary or rroke the decision 44 the tribunal may tranmnit any cieeiaion or moder made by it to -  civil court having local jurisdiction and such civil cdurt  hall ~te the 40 de-cision or order, if it were a decree made by that court exeauwtn ofdeci8-ions or orders of the 'l"ribudal g the triunal shall present annually a report to the central government of all its proceedings under _fa cbapter report of the central government 48 (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 power of tbe tribunal to make relula lions (2) in particular, and withoolt prejudice to the generality of the fore 5 going power, such regulations may provide for all or any of the following matters, namely:-(ci) the terms and conditions of service of the officers and em-ployees oj the tribunal; (b) the award of costs by the tribunal in any proceedings before 10 it; (c) the reference of any question to a member or to an officer of the triblmal 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 15 party shall be entitlea to be heard in person or by representative duly authorised il;1 writing, or by a legal practitioner; (e) the proposal by the tribunal of any proceedings ibefore it, notwithstanding that in the course thereof there has heena change  in the persons sitting as members of the tribunal; 20 (f) a scale of fees for and in connection with the proceedings' before the tribunal   chapter viii carriage of passengers4'1 (i) every railway administration shall cause to be pasted in a 25 conspicu9us and accessible place at every station in hindi and in english and also in the regional language commonly in use in the area where the station is situated,-exhibition of certain timinls and tables of fares at stations (i) a table of times' of arrival and departure of trains carry passengers and stops at that station, and which 30 which (ii) list of fares from such station to every place for "card-tickets are ordinarily issued to passengers at that station (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, • (i) any person desiroui of travelling on a tailway shall, upon 35 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:-supply of tickets on paymentof fare (i) the date of issue; (~) the class of carriage; (iii)the place flom and the place to wh~h it is issued; and (iv) the amount of the "fare (2) every railway administration shall display th~ hours during which booking windows -at a station shall be kept open for the issue of tickets to passengers (3) the particulars reqaired to be spedfled on a ticket under clauses (ii) and (iii) of sub-section (1) shall,-(a) if it is for the lowest cluii of carriage, be set forth in hindi, english and the regional language commonly in use at the place of 5 issue of the ticket; and (a) if it is for the lowest class of carriage, be set forth in hindi, and e,ngllsh: provided that where it is not feasible to specify such particulars in any such language due to mechanisation or any other reason, the cen-10 tral government may exempt such particulars being specified in that language 49 (l) 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 - 15 (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 at the difference betwef!n the fare paid by him and the fare payable for the class of carriage in which he travels provilica for ease in which ticket is illued for class or train dot bavinl k-commodation for additioaal puled-acn· 20 so if a ticket is returnad for cancellation, the railway administration shan cancel the same and refund such amount as may be prescribed caneen-tion of ticket and refund 51 a ticket issued in the name of a person shall be used only by that person: probibitiaa apiait trlullfer of eertain tickets !l5 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 1jehalf may permit ('hange of llame of a passenger having reserved a seat or a berth subject to such circumstances as may be prescribed 30 52 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 sutch ticket-&bibition and lumader of paiiidi aad tickets (a) at the end of the journey, or 35 (h) if such ticket is issued for a specified period, on the expiration of such period s3 (1) no person shall enter or remain in any carriage on a raliway' f9r t~ purpqse of travelling ther,ein 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 prohibitlot apiast travellial without pall or ticket (2) a perron obtaining permission under sub-section (1) shall ordinarily 5 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 iare payable for the distance to be travelled 54 (1) a person suffering from such infectious or contagious diseases, as may be prescribed, shall not enter or remain in any carriage un a 10 railway or travel in a train without the permission of a railway servant authorised in this behalf power to refuse to carry per-ions suffer_ ull from idfectious or c:ontali· qui eli· aeates (2) the railway s,ervant glvmg permission under sub-section (1" shall arrange (or tbe separation of the person suft'ering from such disease from other persons in the train and such pjerson shall be carried in the 15 train subject to such other conditions as may be prescribed masimum number at posed' &en for eacb ~m· parldical 55 subject to the approval of the central government, evf!lry railway administration shall fix the maximum number of passengers which may be carried in each compartment of every desctuption of carriage, and shall exhibit the number so fixed in a conspicuous manner inside or outside 20 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 56 every railway administrat:on shall, in every train carrying passe:j')' gers, earmark for the exclusive use of females, one compartment or such number of berths or seats, as the railway adminiaration may think 25 fit, at least of the lowest class earmar· killj of compart· ment, elc for lmcs 57 a railway administration shall provide aj'),d maintain in every train carrying passengers, such efficient means of communicawon between the passengers and the railway servants in charge of the train - may be approved by the central government: 30 commu cations betwccn paaeqm aacl rail· way icr· "biil in chllpof lralas 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 cir- 35 cumstances under ~ich a railway administration may be exempted from providing such means of communication in any train s8 (1) the central government may by notification, make rules to carry out the purposes of this chapter, power to make rules in reapect ofm  in litis c:bapter (2) in particular, and without prejudice to the generality of the fore- 40 icing power, such r!lles may provide for all or any of the following mattel'l, namely:-('4) the accommodation (including the reservation of seats en ~rtbs in tra~ns) to pjl~eniers; (b) the amount of refund for the can~ellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted (d) th& carriage of lugg'age and the cortdttions subject to which 5 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 infe~tious or contagious diseaselt and t~e manner in which carriages used by such passengers may be 10 disinfected; (g) generally, for regulating the travelling upon and the use, working and management of the railways (3) any rule made under this secti-on may provide that a contravention thereof shall be punishable with fine which shall not exceed one 15 hundred and fifty 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 all10 allow any person to inspect it tree of charge at all reasonabjehct1kra:·  chap't'erix carriage of goods110 maintenance of rate-boob etc, for carriaieof good •• 59 every railway administration shall maintain, at each statton and at such other places where goods are received for carriage, tile rate-books or other documents which shall contain the rates autboriiiec1 for the carriage of goods from one station to another and make them availbie 85 for the reference' of any person during all reasonable hours' without payment of any fee 80 (1) a ranway administration may' impose conditions, not inconsistent with this act or any rules made thereunder, with ~pect to the receiving, forwarding, carrying or' delivei'ing of any goods conditions for reccivlda etc, of aoods 30 (2) a railway administration shall maintain, at each station and at such atbet' places whe~ 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 provilioa of rille rates s5 '1 (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 raw 40 is opted, the goods shall be deemed to have been entrusted at owner's  ri-rate forwardina note 62 every person entrusting, any goods to a railway administration for carriage shall execute a forwarding note in such fonn 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 specified by the central government 5 83 (1) a railway administration shall-railway receipt (a) in a case where the goods are to be loaded by a person entrusting such goods, on the complet;on of such loading; and (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 10 central government:  (2) a railway administration shall not be responsible for the correctness of the weight, description or classification of goods or the number of packages mentioned dn the railway receipt unless a certificate to) that effect is recorded in the railway receipt by a railway servant authorised i fl in this behalf power to require statemcnt relatinb to thc delc:ription of joods m (1) the ()wner 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 autharised in this behalf, deliver to 'such railway ser- 20 vant 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 25 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 pavs for sucn carr;age the highest ratr for any class of goods 30 (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 containin!! the gopds, 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 higbest rate for any class of goods 35 (4) if the statement delivered under sub-section (1) is materially falae ~th re:;pect to the description of any goods to which it purports to relate, the !'~ilway administration :may charge in respect of the carriage at su~h goode; such rate, not exceeding double the highest rate for -any class of goods as may be specified by the central government 40 (5) if any difference arises between a railway servant and such owner or person, the c:onsignee or the endorsee, a:s the case may be in respect of the description of the goods for which a statement has been deltve~ under sub-eecf1on (1), the railway servant may d~tain and e"am~ne the goods (6) where any goods have been detained under sub-sectior (5) for examination, thp cost of such detention and examination shall be borne by such owner or person, the consignee or the endorsee, as the cam illay be, and the railway administration shall not be liable for any loss, damage 5 or deterioration which may be caused by such detention or examination 8& (1) no person shall take with him on a railway, or require 9 railway administration to ('arry such dangel';)us or offensive goods, as may be prescribed, except in accordance with the provisions of this section carriage 01 dangerousor offenslye goods (2) no person shall take w~th him on a railway the goods referl'ed to 10 in 8u·b-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 dis-tinctly marks 0'1 the outside of the package containing such good their 15 dangerous ot· 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 bre dangerous or offensive and notice as required under subsection (2) or sub-section (3), as the case may be, in respect of such goods 20 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 goads for rarriage or stop, in transit, such goods or cause the same to be removed, as 25 the case may be,· if he has reason to believe that the provisions this section fqr such carriage are not complied with  4 of 188f(6) nothing in this section shall be construed to derogate from the provisions of the indian explosives act, 1884, or any rule or order made under that act, and nothing in sub-sections (4) and (5) shall be construed so to apply to a ny ~ods entrusted for carriage by order or on behalf 01 the government or to any goods which a soldier, sailor, airman or any other officer of the armed forees of the union or a police oftlcer or ii member of the terl'litorial /trmy or of the national cadet corps may take with him on a railway in the coune of bis employment or duty as such 35 " a railway administrat;on shall not be bound to carry any animal suffering from such infectious or contagious disease as may be prescribed  carriaae of ilnimals sufferidi from infect;oul or conlalioul diseases i'l where due to any cause beyond the control of a railwayadminis-deviation at ttation or due to congestion in the yard or any other operational reasons, rout goods are carried over a route other than the route by which such goods fd are booked, the railway administration shall nqt be deemed to have committed a breach of the contract of carriage by r~asop only of th, devla· tioll of the route • a railway admiaistration shall not make or (§ive any' undue or udreisonable preference or advantage to, or in favour of, any ~~ person or any particular description of traffic iri the carriage of' soodt prohibi· tion of undue prefer ence  (1) the central government may, if it is of the opinion that it b deeeaary in the pubuc dnterest so to do, by general or special order, djr~ 5 any railway administration-power to to jive direction in regard to eerriage of certain goods (n) to give special facilities for, or preference to, the carriage of such goods or class of goods consigned by or to the central govern~ ment or the government of any statp or of such other goods or class of goods, as may be specified in the order; 10 (b) to carry any goods or class of goods by such route or routes and at such rates as may be specilled in the order: ( 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 ordtu' (2) any order made under sub-section (1) shall cease to have effect 15 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 suck' period not exceeding one year at a time as may ·be specifled in the order (i) notwithstanding anything contained in this act, every ratlwty administration shall be bound to comply with any order given ~r 10 sub-section (1) and any action taken by a railway administration in pursurance of any such order shall not be deemed to he a contravention of section 68 maximum cill'l'yiq 70 (1) the gross weight of every wagen or truck bearing on the axles when the wagon or truck is loaded to its maximum carrying capadty5 shall not exceed such limit as may be fixe'd by the central government for the class of axle under the wagon or truck capaci~ for wagon and trueb (z) subject to the limit fixed under sub-section (1), every railway administration !than determine the normal carrvinjz capacity for every wagon oj' truck in its possession and shall exhibit in words and figures 30 the nonnal carrying capacity so detennfned 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 detennine and exhibit the normal carrying capacity for the wagon or truek in the mamer speilrlfted in sub-section (2) 55 (4) notwithstanding anything contained in 'sub-sectton (2) or suf>, section (3) where a railway administration conside'rs it necessary or expedient so to do in respect of any wagon or truck can-ying any specifled class of goods or any class of wagons or trucks of any specified type it may vary the normal carrying ca'pbcity for such wal{on or truck or 40 such class of wagons or trucks and subject to such conditions as it may think fit to impose determine for the wagons or trucks or cla'ss of wbltons or trucks such car:rying capacity' as may·be specifted in the notiftcation and it shall not be necessary to exhibit the wo,' afte ft~res· representing the ·carrying capacity so determined on the' outstdeq· of such wa«on 01' truck or such class of wagons or truclts: provided that in no ease, the gross weight of such wagon or truck or such class of wagon's or trucks shan exceed the limit fixed under 8\1~ section (1) for the class of axle under "the wagon or truck punitive ch8l'le tor over~ad­idga w~on '1 wl)ere a person 10 goods in a wagon beyond its permissible carrying capacity as exhibited under &ub-section(2), or sub~section (3), or notified under sub-section (4), of section 70, a railway administration may, in addition to the freight and other charges, recover from the con-5 signor, the cons1'grlee or the encicirsee, as the case may be, charges by way of penalty at'sueh rates, as may be prescribed, before the delivery of the g~: provided that it shall be lawful for the railway administration to unload the goods loaded beyond the capacity of the wagon, if detected to at the forwarding station or at any place before the destination station and ·to hoover the cost of such unloading and any charge ror the detention of any wagon on this ac:ount 72 the property in the consignment covered by a railway receipt shall pa8j to ijle conawn~ or the endor, a8 the case may be, -on the delivery of 15 such railway receipt to him and he shall have all the rights and liabilities of the consignor pallsinjof property in the ,oocis covered by rall way receipt  73 nothing contained in section 72 shall prejudice or affect--3 of j930 (~) any right of the consignor for stoppage of goods in transit as an unpaid vendor (as defined under the sale of goods act, 1930) on his· written request to the railway administration; 20 (b) any right of the railway to claim freight f~m the consignor; or  section'12 not to atreet ri,htof lltoppap in tnneit orclaima for treiabt (c) any liability of the consignee or the endorsee, referred to in that section, by reason of his being such consignee or endorsee i5 74 the railway administration shall deliver the consignment under a railway receipt only on the surrender of the railway receipt: surrender of railway receipt provided that in case the railway receipt is not forthcoming, the consignment may be d~livered to the person, entitled in the opinion of the railway administration to receive the goods, in such manner as may 30 be prescribed 75 where no uulway receipt is forthcoming and any consignment or the sale procc£>ds of any consignment are claimed by two or more persons, the rahway administration may withhold delivery of such consignment or sale proceeds, as the case mby be, and shall deliver such consignment or 35 sale p:roeeeds to the person entitled in its opinion to receive the same in such manner as may be prescribed | power    | of    ||----------|-------|| railway  |       || admbus·  |       || tration  | to    || deliver  |       || ,oocisor |       || sale     | pro-  || ceeda    |       || thereof  |       || in       |       || certain  |       || ~        |       || power    |       || to       |       || measure, |       || weigh,   |       || etc     |       |78 notwithstanding anything contained ·in the railway receipt, the railway administration may, before the delivery of the consignment, have the right to-(i) re-measure, re-weigh or re-elassify any consignment; (it) re-calculate the treight -and other chargesr and (iii) correct any other error or collect any amount that may have been omitted t(l be charged  77 (1) a railway administration may, on a 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: 5 we1ah ment of consignment on the request of the consignee or endorsee provided that except in cases where a railway servant authorised in this behalf considers it necessary so to do, no such weighment shall be allowed in cases of goods booked at owner's l'il:ik rate or goods which are perishable and are likely to lose weight in transit: provided further that no request for weighment ot consignment in 10 wagon load shall be entertained under this sub-section, if, (a) weighment i's not feasible due to congestion in the yard or other operational reasons; or (b) in the opinion of a railway servant authorised in this behalf, circumstances exist which do not warrant such weighment 15 (2) where a request for weighment is allowed by the railway administration, the consignee or the endorsee shall pay such charges as may be prescribed and the demurrage charges, if any 78 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 20 or that the endorsement on the railway receipt is forged or otherwise defective liability of railwayadministra tion for wrong delivery 79 where the consignment arrives in a damaged condition or shows signs of having been tampered with and the consignee or the endorsee 2" demands open delivery, the railway administration shall give open j delivery in such manner as may be prescribed open delivery of consignments partial delivery of consignments 80 (1) the consignee or endorsee shall, as soon at 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 30 damaged (2) in the case of partial delivery under sub-section (1), the railway admini'stration 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- 35 section (1), the consignment or part thereof shall be subject to wharfage charges beyond the time allowed for removal llenfor freilht or any other lumdue 81 (1) if the consignor, the consignee or the endorsee fails to pay any freight or other charges due from him in respect of any consignment, the railway administration may detain such consignment or part thereof or, 4d if such consignment is delivere:d, it may detain any other consignment of such person which is in, or thereafter comes into, its possession consignment detained (2) the railway admini'stration may, if the under sub-section (1) is--(a) perishable in nature, sell at once; or (b) not perishable :n 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: prqvided that where a rauway administration, for reasons to be re corded in writing is of the opinion that it is not expedient to hold the auction, such coil8ii~t or part thereof maf be sold in such manner u inay be ·preacribed (3) the railway administration shall give a notice of not less than 5 seven da~ of the public auc~ion under clause (b) of sub-~ection (2) in one or more local newspapers or where there are no such newspapers in such manner as may be prescribed (4) the railway adminls~ration may, out of the sale pl'oceeds receiv-10 ed under 'sub-section (2), retain a um equal to the freight andotber charges including expenses for the sale due to it and the surplus of such proceeds and the part of the consipment, if any, shall be rendered to the person entitled thereto 82 (1) if any penon fails to take delivery ofu~ ed cod-~ignment, (u) ·the collsigllmcnt released from detention made under subdection (1) of section 8; or (c) a'ly remaining part of the consigrunent under sub-section (2) of section alj (a) any consignment, or   ao aach consignment shall bt: treated as unclaimed (2) the railway ac;imjdistl·ation may,-(a) in the caae ot an unclaimed consignment which is perishable in nature, sell such consignment in or the manner is providedin clau~e (a) of sub-sectior (2) of fiectioll 81; or (b) in tht: case of unclaimed consignment which is not perish  able in nature, cause a notice to be sel'ved 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 cannot qe 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 sab-section (2) of section 81 (3) the railway administration shall, out of the sale proceeds received under sub~section (2), retain it sum equal to the freight and other charges 35 including expenses for the sale due to it and the surp],ols if any, of such proceeds shall be rendered, to the person entitled thereto djspoaa1 otperishable consignmenta idc:ertain clrcum tancea 83 (1) where by reason of any flood, land-slip, breach of any lines of rails, collision between u'ains, derailment of, or other accident to a· train or any other cause, traffic on any route is interrupted and there is no 40 likelihood of early resumption of such traffic, nor is there any other reasonable route whereby tra1!lc of perishable consignment may be diverted to prevent loss or deterioration of, or damage to, such consignment, the railway administration may sell them in the manner provided in clause (a) of sub-section (2) of section 81 45 (2) the rauway administration shall, out of the sale proceeds received  under sub-section (1), retajn a sum equal to the freight and other charges including expenses for the sale due to it and the &atplus, if any, of such sale-proceeds, shall be rendered to the person entitled thereto it notwithstanding anything contained in this chapter, the right ol sale under sections 81 to sa shall be without prejudice to the right of the i'allway administration to recover by suit, any freight, charae, 8ii1oul1t or other oxpedse8 due to it   _  j conditiom iiibject to wbich -lea under sections 81,83 and 83 not to affect the rijb,tto suit 90wer toidake ruleain respect of matters in this chapter 86 (1) the central government may, by nowieatitm, make rules to 5 cury out the pl¥'poi8s of thisc8apter (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matten namely:-(a) d'mgerous and offensive goods for the purposes of section 10 65; (b) infectious or contagi'ous diseases for the purposes of section 68; (c) rates of penalty charges under section 71; (d) the manner in which the consignment may be delivered 15 without a railway receipt under section 74; (e) the manner of deli·very of conaignment or 'the sale proceeda to the person entitled thereto under section 75; <f) the conditions subject to which, and the charges payable for 20 weighment under section 77; (9) the manner of givmr: open delivery under section 79; - (h) the form of partial delivery certifioate under sub-eectiod (2) of section 80; <i) the manner of sale of consignment or part thereof rmder the sl5 proviso to sub-section (2) of section 81; (j) the manner in which a notice under sub-section (3) of sec· tion 81 may be given; (k) generally, for ngulating the carriage of goods by the rau ways so (3) any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to one hundred an? fifty rupees ! (4) every railway administration shall keep at each station a copy of the rules for the time being in force under this section, and shall 55 allow any pprron to refer to it free of chal'ge at all reasonable hours,  chapter x spelu provisiok8 as '1'0 goods bookbd m xo'l'd'ld· s'm'1'lons 81 in this chapter,' unless tilt! context otherwise requires,-de8n1-ticma (a) "essential coinmodity" means an essential commodity as 40 ~ed in clause (fj) of section 2 of the essential oommoditiea act, 1965 10 of 1955 (b) "notified station" mf\~ns a station declared to be a notified statlojludder section 8'1; 5 (c) "state (;overnment", in relation to a notited atation, means tile qgv8l'dideilt of the state in which such station fa sltuted, or wmre ·wcla station is sitaated in a union territory, the administrator of that union territory appointed under article 239 of the constitution r' (1) the central government may, if it is aatillled that jt fa deces-aary that goods entrusted for carriage by train intended solely for the carrlage of goods to any raflway station should be removed without delay power to dedare dotiflad statiodi 10 from such railway statmn declare, by notiftelttt(jd, such rahway station to be a notified station for such period as may be specifted in the notiftca~d:  provided that before declaring any rauway station to be a notified i statioa mtder this sub-sedlon, the central government shan have regard 5 to all or any of the following factors, namely: - (m) the volume of tj'aftlc and the swage space aun-ble at such rauway statton; (b) the nature and quantities of goods generally booked to stich railway station; (e) 'fhe scope for catl8lng scarctty ofluch ggods by not r-emoving ao tmm for long periods from such rauwav station and the hardship whteh such searctty may ea:-jae ·to the community; (d) the number of wagons likely to be held up at web raftway statton if goods are not removed therefrom quickly and the need 'for qaick movement and 'availability of such wagons; 115 (e) such other factors (befnfl' relevant fmm the point of view of the interest of the ~eneral public) as may he prescribed: provide" f,ilrther that the neriod snecifted in any notification issued under this mh-sectfon in respect 'of anvraflwav staticm shall ·!lot exceed six months in the first in!rtance, but such ~riod may, bv zrouftcattou, be 30 extended from time to time by a period iiot ekoeeding six mollths on each occas'nn (~) if im'vtje1'llod entrustlnt! anv p,oods to a raflwav administration to be carried to atmtfflm· !ltlttion ·makes an 8tu)ucation in such form and mam'lef as rna'v be l)teseribeci' a1ll'l spmiftesl therein the address of the 35 'pe1'!loft to whnm' i~tfmatio1j1 bv re  r-ed post of the arrival of tlte ~oods at the no~d btilrtton !c1t~n he mwlll add gays the dosultle charltes ra-~uired for ~i'rinl1 such in14matioft the 1'i!ilwav admini!;tration shall as sooil as mav bp after the arrival cf the eoods at the notified ~"tfon send !qrh intimatfon accordfn~y 40 m there &taa\1 be -rhtbltec:1 st a oonlilnictlous place at each notf~ed tfo'n " ",ilemfmt -ill the nresc~ihed ftlrm settlnl! out t  e descrfntfon r  'ftf 1:hf'! ~'" wlftcr·by l1ealor,o! tae lact that t'hev have not been l'f'!moved tj ~c')m thl! station within a nerlod nf seven dllvs from the tennin1'1tion tjf ttilnsit thp!'f'of are liab1e to hp ~m in a('''o''~''ncp wit'" the nl"ovilllto11" of 45 fi1!b-!iiectin11 (n of liiertf('ln 88 by nublic rllction an" the ·\fflfl  "whit'h tbf'!v wo1118 bpfio sold: prnvfded that difl'pl'ent ,::tatempnt:" mtrv be so exb1blted in r~spect qf  coma 1)1'oposec1 ·to he sold on dftl'erent date •• (4) if the goods specifted in any statement to be exhibited under sub-section (3) include essential commodities, the railway iel'v8dt preparing the statement shall, as soon as may be after the preparrtton of  such statement, forward a copy thereof to:-(a) the representative of the central government nominated hy 5 that government in this behalf; (b) the representative of the s~te government, nominated by that government in this behalf; and (e) the' district magistrate within the local limits of whose jurisdiction the railway station is situated 10 diapoeal of ud-removed ,oocu at notified stations • (1) if any goods entrusted for carriage to any noti1led station by a train intended solely for the carriage of goods are not removed from such station by a person entitled to do so within a period of seven day8 after the termination of transit thereof at such station, the railway administration may, subject to the provisions of sub-section (2), sell such 15 goods by pubjic auction and apart from exhibiting, in accordan<:e with the provisions of sub-section (3) of section 87, a statement containing a description of such goods, it shall not be necessary to give any notice of such public auction, but the date on which such auction may be held under this sub-section may be notified in one or more local newspapers, 20 or where there are no such newspapers, in !luch manner as may be pretlcrlbed: '1 r ~ ,-, ' ,'-" provided that if at any time before the sale of such goods under this subsection, the person entitled thereto pays the freight and other charges and the expenses due in respect thereof to the railway administration, 25 he shall be allowed to remove such goods (2) if any goods which may be sold by public auction under subsection (1) at a notified station, being essential commodities, are required by the central gcvernment or the state government for its own use or if the central govemment or such state government considers th~t 30 it is necessary for securing the availability of all or any such essential commodities at fair prices so to do, it may, by order in ~writing, :afrect the railway servant in-charge of such auction to transfer such goods to it or to such agency, co-operative society or other person (being an agency, co-operative soclety or other person subject to the control of 55 the government) engaged in the business of selling such essential com- modities as may be speclfted in the direction (3) every direction issued under sub-section (2) in respect of any - essential commodity shall be binding on the rafiway servant to whom itis issued and the railway administration and it shall be a sufbcteont 40 defence against any claim by the person entitled to the goods that such eaenttal commodities' have been transferred in comp1in~ with sucli direetfon: 1   ~ '\"-! prov:ided that-(a) such direction shall not be bindin/% on such railway servant ~ or the railway admtntlltration-(f) if it has not been received by the ra11way servant sumoiently in time to enable him to prevent tho sale of the essential commodities to which it relates; or 5 (ii) if before the time appointed for such sale, the person entitled to such goods pays the freight and other charges and the expenses due in respect thereof and claims that he be allowed to remove the goods; or 10 (iii) if the price payable for such goods (as estimated by the central government or, as the case may be, the state go,'-ernment) is not credited to the railway administration in the prescribed manner and the railway administration is not indemnified against any additional amount which it may become liable to pay towards the price by reason 'of the price not having been computed in accordance with the provisions of sub·section (4) ; (b) where directions are i!lsued in respect of the same go ()dli both by the central government and the state government, the directions received ealier· shall prevail (4) the price payable for any essential commodity transferred in 20 compliance with a direction issued under sub-section (2) shall be the price calculated in accordance with the provisions of sub-section (3) of '10 of 1155 section 3 of the essential commodities act, 1955: provided that-10 of 1955 (a) in the case of any essential commodity being a food-stuff in respect whereof a notification issued under sub-section (3a) of section 3 of the essential commodities act, 1955, is in force in the locality in which the notified station is situated, the price payable shall ·be calculated in accordance with the provisions of clauses (iii) and (iv) of that sub-section; (b) in the case of an essential c'ommodity being any grade or variety of foodgrains, edible ou seeds or edible ous in respect whel'f'-of no notification issued under sub-section (3a) of section s of the 10 of 1951 essential commodities act, 1955, is in force in the locality in which 35 the no~fied slation is situated, the price payable shall be calculate<! in accordance with the provisions of sub-section (3b) of that section; 10 of 1955 (c) in the case of an essential commodity being any kind of sugar in respe:ct whereof no· not11lcation issued under sub-section (3a) of section 3 of the essential commodities act, 1955, is in force in the locality in which the notifted station is situated, the price payable shall if such sugar has been'"booked by the producer to himself, ,be calculated in accordance with the provisions of subsection (3c) of that section 45 100f 1855 explamtioft-for the purposes of this clause, the expressions producer'; and "sugar" shall have the meanings assigned to these expressions in the expzatultion to sub-section (3c) of section 3, and clause (e) of ~ction 2 of the essential commodities act, 1955, respectively price to be paid to person entitled after deducting dues 'ie (1) out of the proceeds of any sale ofgoeds under sub-aection (1) of section 88 or the price payable therefor under 8ub-aection (4) of that section, the railway administration may retain a sum equal to the freight and other charges due in respect of such goods and the eltpenses incurred in respect of the goods and the auction thereof and 5 render the surplus, if any, to the person entitled thereto (2) notwithstanding anything contained in sub-aection(1), the railway administration may recover by suit any such freight or charge or expenses referred to therein or balanee thereof (3) any goods sold under subaection (1) of section 88 or transferred 10 in compliance with the directions issued under sub-section (2) of th8jt secttrm shall vest in the buyer or the transferee free from all encumbrances but subject to a priority being given for the sum which may be retained by a railway administration under sub-section (1), the person in whose favour such encumbrance subsists may have a claim in respect of such 15 encumbrance against the surplus, if any, referred to in that sub-section to (1) the central government may, by notification, malte rules , to carry out the purposes of this chapter (2) in particular, and without prejudice to the generality of t\le foregoing power, such rules may provide for all or any of the fquowing 20 matters, namely:-power to make rules in respect of matters in this chapter (a) the factors to which the central government shall have regard under clause (e) of the first proviso to sub-section (1) of section 87; (b) the form and manner in which an application may be 25 made under sub-section (2) of section 87; (c) the form in which a statement is required to be exhibited under sub-section (3) of section 87; (d) the manner in which the dates of public auctions may be notified under sub-section (1) of section 88; 30 (e) the manner of crec:htin~to the railway administration the price of goois referred to in sub-clause (iii) of elause (a) of the proviso to sub-section (8) of section 88  chaprer xi rbsponsibilltii'6 of railway adminjb'nwl'ions as calum'jts 8591· save as otherwise pmvided in this aet, a railway admilits1lratjon shaube l'esponsible felf the less, destruction, damage, deterioration in tradsit, or non delivery of any ooilsigmnent, arising frgm any cause except the following, namely:-| ()       | aot    ||------------|--------|| of         |        || god;       | 40     || geileral   |        || ·roapodli- |        || bili't)r   |        || of         |        || a          | ni!way || adminis-   |        || trationas  |        || carrier    |        || of         |        || toock      |        || (b)        |        || aet        |        || of         |        || war;       |        || (c)        |        || act        |        || of         |        || public     |        || enemies;   |        |(d) arrest, restraint or seizure under legal procei8; (e) orders or restrictions imposed by the central goverriiilen\ or a state government or by an o1bcer or authority, subordidate to the central govenunent or a state government authorised by it in this behalf; 5 <i) act or omission or negligence of the consignor or the cod&ipee or endorsee or the agent or servant of the consignor or the co,mlgnee or the endorsee: (g) natural deterioration or wastage in bulk or weight due to inherent defeet, quality or vice of the goods; (h) latent d~ects; 10 (i) fire, explosion or any unforeseen risk: provided that even where such loss, destruction, damage, deterloraiion or non-delivery is proved to have arisen from anyone or more of the aforesaid· ·causes, the railway administration shall not be relieved j 5 of its responsibility for the loss, destruction, damage, deterioration· or non delivery unless the railway administration further proves that it has used reasonable foresight and care in the carriage of the goods goocla ~ be loaded ordellvered ata eddinlnot belongiq to arah-wayadministration 92 (1) where goods are required to be loaded at a siding not belongi", to a railway ·administaltion for carria" by railway, the railway 20 administratipn shall not be responsiblct for any loss, destruction, damage or deterioration of such goods from whatever cause arising, until the wagon containing the goods has been placed at the spec11ted point of imwdtange of wagorut between the sitting and the railway administration and a railway servant authorised in this behalf has been informed 25 in writing accordingly by the owner of the siding (2) where any consignment is required to be delivered by a railway administration at a siding not belonging to a rallway administration, the railway administration shan not be responsible for any loss, destruction" damage or deterioration or non-delivery of such consignment from 30 whatever cause arising after the wagon containing the codsigament has been placed ai the spet'ifled point 'of interchange of wagons between the railway and the siding and the owner of the siding has been informed in writing a~ordingly by a railway servant authorised in this behalf goods carried in open vehicles 93 when afiy goods which, under ordinary circumstances, would 35 be crrried in covered vehicles or vessels and would be liable to damage if carried otherwilte, are, at the request of the consignor recorded in the ft)rwarding note, entrusted for carriage by railway in open vehicles or vessels, or in vehicles or vessels which are defective or not fully covered, the railway administration shall not be responsible for any destruction, 40 deterioration or damage which may arise by reason of the goods being ao carried  delay or detention ill transit  84 a railway administration shall not be responsible for the loss, destruction, damage or deterioration of any consignment proved by the gwi18rtohave ·bettll caused by the delay or detention in their carriage if - 5 tmrallway administration proves that the delay or detention arose for reuoda beyond its control or without negugence or mibc<mduct on its part or on the part of any of its servantl pasailll over railways in india and raiiways in foreign countries 85 where in the course of carriage of any coiisignment from a pladt in india lo ij place outside india or from a place outside india to a place in india or from one place outside india to another place outside iddia or irom one place in lndia to another place in india over ~ territory: outside lnwa, it is carried over the railways of any railway admidistra-5 tion in india, the railway admidistration sball not be responsible udder ~ of the pr(ivibions of this chapter for the loss, destruction, damage or deterioration of the goods, from whatever cause arising, unless it is proved by the owner of the 100ds that such loss, destruction, damage or deterioration arose over the railway of the railway administration 10 goods carried at owner's risk rate 9ti l~otwithstanding anything contained in section 91, a railway administration shall not be responsible for any loss, destruetion, damap deterioralion or non-delivel·y in transit, of any consignment carried at owner'i risk rate, from whatever cause arising except upon proof that liiuch loss, destruction, damage, de~rioration or non-delivery was c:tue to 15 llegligcnce or misconduct on its part or on the part of all)' of its servants 97 (l) notwithstanding anything contained in the foresoidi previsions of this chapter, when any goods entrusted to a railway administration for carriage-20 goods in defective condition ordefectively packed (a) are in a defective condition as a consequence of which they are liable to damage, deterioration, leakage or wastage; or (b) are either defectively packed or not packed in such manner as may be prescribed and as a result of such defective or improper packing are liable to damage, deterioration, leakage or wastage, ~5 and the fact of such condition or defective or improper packing has been recorded by the consignor or his apnt in the forwarding note, the railway administration shall not be responsible for any damaae, deterioration, leakage or wasta&e or for u1e condition in which such goods are available for delivery at destination go (2) when any goods entrusted to a railway administration for carriage are found on arrival at the destination station to have been damaged or to have suffered deterioration, leakage or wastage, the railway administration shall not be responsible for the dama&e deterioration leakage or wastage of the goods on proof by railway administration, 35 (a) that the goods weret at the time of entrustment to the railway administration, in a defective condition, or were at that time either defectively packed or not packed in such manner  may be prescribed and as a l'esult of which were liable to damage, deterioration, leakage or wastage; and 40 (b) that such defective condition or defective or improper packing was not brought to the notice of the railway administration or any 01 its servants at the time of entrustment of the goods to the railway administration for carriage by railway: provid~ that the railway administration shall be respodlllble 4~ for any such damage, deterioration, leakage or wastap if dejlisence or miacondu('t on the part of the railway administration or of any of its servant's is proved · 9 of 1872 is· (1) a railway administration shall be res~ible as a bailee un~ _tions 151, 152 and 161 of the ,indian contract act, 1872, for the loss, destruction, damage, deterioration or non-delivery of any consignment up to a period of seven days after the termination of transit: responsibility ofa raflwayadministration after-termination oftronsit 5 provided that where the consignment is, at owner's risk rate, the railway administration shall not be responsible as a bailee for such loss, destruction, dmnage, deterioration or non-cielivery except on proof 01 negligence or misconduct on its part or on the part of any of its servants j n (2) the railway administration shall not be responsible in any case for the loss, destruction, damage, deterioration or non-delivery of any consignment arising after the expiry of a period of seven days after the termination of transit (3) notwithstanding anything contaijied in the foregoin, provisions j 5 of this section, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of perishable goods, animals, explosives and such dangerous or other goods as m~y be specified, after the termination of transit  (4) nothing in the foregoing provisions of this section shall aftect 2() of affect the liability of any to pay any demurrage or wharfage, as the case may be, for so long as the consignment is not unloaded from the railway wagons or removed from the railway premises respon~i­bility as carrierof luggage 99 a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-cielivery of any luggage 25 unless a railway servant has booked the luggage and given a receipt therefor and in the case of luggage which is carried by the passenger in his charge, unless it is also proved that the loss, destruction, damage or deterioration was due to the negligence or misconduct oil its part or on the part of any of its servants 30 100 a railway administration shall not be responsible for any loss, or destruction of, or injuries to any animal carried by railway arising from fright or restiveness of the animal or from overloading of wagons by the consignor 101 notwithstanding anything contained in the foregoing provisions 35 of this chapter, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of any consignment-responsibility as a carrier of animals exoneration from liability in certain cases (a) when such loss, destruction, damage, deterioration or nondelivery is due to the fact that a materially false description of the consignment is given in the statement delivered under subsection 0) of section 64; or (b) where a fraud has been practised by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee; 45 (c) where it is proved by the railway administration to have been caused by, or to have arisen from-(i) improper loading or unloading by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee; (ii) riot, civil commotion, strike, lock-out, stoppage or reatraint of labour from whatever cause arising whether partial or general, or (d) for any ind~rect or consequential loss or damage or for lois of particulu- market 5 | extent     | of    ||------------|-------|| monetary   |       || liability  |       || inre'spect |       || of         | any   || consign_   |       || ment      |       |102 (1) where any consignment is entrusted to a railway administration ior carriage by railway and the value of such consignment has not been declared as required under sub-section (2) by the consignor, the amount of liability of the railway administration for the 1088, de~ truction, damage, deterioration or non-delivery of the consignment shall 10 in no case exceed such amount calculated with reference to the weight of the consignment as may be prescribed, and where such consignment consists of an animal specified in column (1) of the schedule, the liability shall not exceed the amount as specified in the corresponding entry in column (2) of the schedule is (2) notwithstanding anything contained in sub-section (1), where the consignor declares the value of any consignment at the time of its entrustment to a railway administration for carriage by railway, and pays such percentage charge as may be prescribed on so much of the value of such consignmet as is in excess of the liability of the railway 20 administration as calculated or specified, as the case may be, under subsection· (1), the liability of the railway administration for the loss, destruction, damage, deterioration or non-delivery of such consignment shall not exceed the value so declared (3) the central government may, from time to time, by notification 25 direct that such goods as may be specified in the notification shall not be accepted for carriage by railway unless the value of such goods is declared and percentage charge is paid as required under sub-section (2) (3) notwithstanding anything in sub-section (12), such declaration 30 of value and payment of 8-applement any sum shall be mandatory in the case of such goods and luggage as may be specified by the central government 103 where the value has been declared under section 102 in respect of any consignment a railway administration may make it a condi- 35 tion of carrying such consignment that a railway servant authorised by it in this behalf has been satisfied by examination or otherwise that the consignment tendered for carriage contain the articles declared 1m (1) a person shall not be entitled to claim compensation against a railway administration for the loss, destruction, damage, deteriora- 40' tion or non-delivery of goods carried by railway, unless a notice thereof is served by him o~ on his behalf,-right of railway administratio'l tocbeck contents ofcerlain consignmentor iilgl!ac:e notic::: of claim for com pensation ad mudd of over eha1'ge (a) to therauway administration to which the goods are entrusted for carria«e; or (b) to the railway administration on whose railway the destt- 45-nation station lies, or the loss, destruction, damage or deterioration oc:cur- within a period of six months from the date of entrustment of the goods-(z) any information demanded or enquiry made in writing from, or any complaint made in writing to, any of the railway administrations mentioned in 8ub-aection (1) by or on behalf of the person within the said period of six months regarding the non-delivery or delayed delivery 5 of the goods with particulars sufficient to identify the goods shall, for the purpose of this section, be deemed to be a claim for compensation (3) person shan not be entitled to a refund of an overcharge in respect of goods carried by rail way unless a notice therefor has been served by him or on his behalf to the railway administration to which the over-swlslor compensation for loss, etc,  of goods· 10 charge has been paid within six months from the date of such payment or the date of delivery of such goods at the destination station, whichever is later - 105 (1) notwithstanding anything contained in any other law for the time being in force, a suit for compensation for loss, destruction, 15 damage, deterioration or non-delivery of goods may be instituted against the railway administration on whom a notice under section 104 has been served (2) a suit against the railway administration under sub-section (1) shall be instituted only in a court having jurisdiction over the place at 20 which the goods are entrusted for carriage or, as the case may be over the place in which destination station lies or the loss, destruction, damage, deterioration occurs person entitled to claim compensatiod  ; 106 (1) if a railway administration pays compensation for the loss destruction, damage, deterioration or non-delivery of goods entrusted to 25 it for carriage, to the consignee or the endorsee producing the railway receipt, the railway administration shall be deemed to have discharged its liability and no suit shall lie against the railway administration ad the ground that the consignee or the endorsee was not legally entitled to receive such compensation   30 (2) nothing in sub-section (1) shall affect the right of any person having any interest in the goods to enforce the same against the consignee or the endorsee receiving compensation under that sub-section 107 a suit for compensation for the loss of life or personal injury to a passenger, may be instituted against,-35 suits for compensation tor per!'oi'lal injury, etc ~ (a) the railway administnttion from which !he passenger obtained his pass or purchased his ticket, or (b) the railway administration on whose railway the destination station lies or the loss or injury occurs, in a court having jurisdiction over the place at which the passenger -40 obtained his pass or purchased his ticket or over the place in which thc destination station lies or the loss or personal injury occurs 108 in any suit against a railway administration for compensation burden for loss, destruction, damage deterioration or non-delivery of any goods, of proof the burden of proving,--45 (a) the monetary loss actually sustained; or (b) where the value has been declared under sub-section (2) of _tioh 102 til respect of any consignment that the value so declared is its true value, shall lie od the person claiming compensation, but subject to the other provisions contained in this act, it shall not be necessary for him to 5 prove how the loss, destruction, damage, deterioration or non-de1ivery was caused ilatedt of ljiabi-jivof rail", lidmin»-baticm in respect of accidents at , sea 1 •• (1) when a railway administration contracts to carry passengers or goods partly by railway and partly by sea, a condition exempting the railway administration from responsibility for any lois of life, personal 10 inju,ry or loss of or damage to goods which may happen during the carriage by sea from act of god, public enemies, fire, accidents from machinery, boilers and steam and all and every other dangers and acc1dents of the seas, rivers and navigation of whatever nature and kind shall without being expressed, be 15 deemed to be part of the contract, and, subject to that condition, the railway administration shall, irrespective of the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of ufe, personal injury or loss of or damage to pets which may happen during the carriage by sea, to the extent to which it would be reepon-20 sible under the merchant shipping act, 1958, if the ships were register-44 of 1958 ed under that act and the railway administration were owner of the ship and not to any greater extent (2) the burden of proving that any such loss, inj:jry or damage as is mentioned in sub-section (1) happened during the carriage by sea 25 shall lie on the railway administration power to make ruletin repectof matter in this chapter 110 (1) the central government may, by notification, make ,rules to carry out the purposes of this chapter; (z) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following 30 matters, namely:-(a) the manner of packing of goods entrusted to a railway administration; (b) the goods for the purposes of sub-section (3) of section 98; and;' ' i 35 (c) the' ml'lximum amount payable by the railway administration for the loss, destruction dnmage, deterioration or non-delivery of any consignment under sub-section (1) of section 102  chapi'er xn accidents111 (1) where, in the course of working a railway,-(a) any accident attended with loss of any human ufe, or with notice' of railway accident grievous hurt as defined in the 'indian penal code or with serious 45 of 1880 injury to property; or (b) any collision between trains of which one is a train c~ng 45 passengers; or (c) the derailment of any train carrying passengers, or of any part of such train; or (d) any accident of a description usually attended with loss of human life or with such griewus hurt as aforesaid or with serious 50 injury to property; or ('> any accident of ,my other description whicll the central government may notify in this behalf in the oftlcial gazette, occur~ the station master of the station nearest to the place at which the accident occurs or where there is no station master, the railway 5 servan"t in charge of the section of the railway on which the accident occurs, shall without unnecessary delay, give notice of the accident to the district magistrate and superintedent of police, within whose jurisc;fiction the accident occurs, the ofticer in charge of the police station within the local limits of which the accident occurs and to such other 10 magistrate or police officer as may be appointed in this behalf by the central government (2) the railway administration within whose jurisdiction the accident occurs, as also the railway aclministration to whom the train involved in the accident belongs, shall without unnecessary delay, give notice of 15 the accident to the state government and the commissioner having jurisdiction over the place of the accident llz (1) on the re~pt of a notice under section 111 of the occurrenc" inquiry of an accident to a train carrying paasengers resulting in loss of human by com life or grievous hurt causing total or partial disablement of pennanent mbsio-20 nature to a passenger or serious damage to railway property, tl\e comnero missioner shall as soon as may be notify the railway administration in whose jurisdiction the accident occurred of his intention to hold an in-5 of 1908 quiry into the causes that led to the accident and shall at the same time fix and communicate the date, time and place of inquiry: 25 provided that it shall be open to the commissioner to hold an inquiry into any other accident which, in his opinion, requires the holdfdg of such an inquiry (2) if for any reason, the commissioner is not able to hold an fdquir1 as soon as may be after the occurrence of the accident, he shall notify 30 the railway administration accordingly inquiry by railwayadministration 35 113 where no inquiry is held by the commissioner under sub-section (l) of section 112 or where the commissioner has informed the railway administration under sub-section (2) of that section that he is not able to hold an inquiry, the railway administration within whose jurisdiction the accident occurs, shall cause an inquiry to be made in accordance with the prescribed procedure ' 114 (1) for the purpose of conducting an inquiry under this chapter into the causes of any accident on a railway, the commissioner shall, in addition to the powers specified in section 7, have the powers as are 5 ot 1908 40 vested in a civil court while trying a suit under the code of civil procedure, 1908, in respect of the following matters, namely:-| powers                  | of    ||-------------------------|-------|| c                       |       || 0jjljilt-              |       || sioner                  |       || inrela-                 |       || lion                    | to    || inqui-                  |       || ries                   |       || (a)                     |       || summoning and enforcing | the   || mining them on oath;    |       |(6') requiring the discovery and production of documents; 45 (c) receiving evidence on aftidavitb; cd) requisitioning any pubuc record or copies thereof from any court or office; 2 of 1974 (e) any other matter which may be prescribed (2) the commissioner while conducting an" inquiry under this chap-50 ter shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure 1973 statement made betol'e commissioner 115 no statement made by a person in the course of giving evidence in an inquiry before the commiuioner shall subject him to, or be used against him in, any civil or criminal proceeding, except a prosecution for giving false evidence by such statement: provided that the statement is-5 (a) made in reply to a qaestion which is required by the commissioner to answer; or (b) relevant to the subject-matter of the inquiry procedure 116 any railway administration or the commissioner conducting an inquiry under this chapter may send notice of the inquiry to such 10 persons follow such procedure, and prepare the report in such manner as may be prescribed 117 notwithstanding anything contained in the foregoing provisions of this chapter, where a commission of inquiry is appointed under the commissions of inquiry act, 1952, to inquire into an accident, any i j loi 152 inquiry, investigation or other proceeding pending in relation to that accident shall not be proceeded with, and all records or other documents relating to such inqairy shall be forwarded to such authority as may be specified by the central government in this behalf 118 where any accidjmt of the nature not specified in section 111 20 occurs in the course of working a railway, the railway administration within whose jurisdiction the accident occurs, may cause such inquiry to be made into the causes of the accident, as may be prescribed by the central government no inquiry, investi-,ation e'tc to be made if the commission otinquiry is appointed inquiry into - accident not covered by section 111 returru utevery railway administration shall send to the central govem- 25 ment, a return of accidents occurring on its railway, whether attended with injury to any person or not in such form and manner and at such intervals as may be prescribed 130 (1) the central government may, by notification, make rules to carry out the purposes of this chapter go (2) in particular and witho~t prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-power to make rules ill respect of matters in this chapter (a) the injury to property which shall be considered serious under clause (a) of sub-section (1) of section 111; 35 (b) the forms of notice of accidents to be given under section 111 and the particulars of the accident such notices shall contain; (c) the manner of sending the notices of accidents, including the class of accidents to be sent by telegraph immediately after the accident; 40 (d) the duties of the commissioner, railway administration, railway servants, police officers and magistrates on the occarrence of an accident; (e) the persons to whom notices in respect of any inquiry under this chapter are to be sent, the procedure to be followed in such 45 inquiry and the manner in which a report of such inquiry shall be prepared; (i) the nature of inquiry to be made by a railway administration lnto the caus81 of an accident under section 118; (g) the form and manner of sending a return of accid~ts by a railway administration under section 119  chapl'er xiu liability of railway administration for death and injury '1'0 5 passengers due to ,accidtnts121 in this chapter, unless the context otherwise requires,-defini_ tions (a) "accident" means an accident of the nature described in section 122; (b) "claims commissioner" means a claims commissiouer appointed under section 123; 10 (c) "dependant" means any of the following relatives of a deceased passenger, namely:-(i) the wife, husband, son and daughter, and in case the deceased passenger is unmarried or is a minor, his parent; 15 (ii) the parent, minor brother or unmarried sister, widowed sister, widowed daughter-in-law and a minor child of a predeceased son, if dependant wholly or partly on the deceased passenger; (iii) a minor child of a pre-deceased daughter, if wholly 25 dependant on the deceased ,passenger; (iv) the paternal grand parent wholly dependant on the deceased passenger extent of liability 122 (1) when in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying go passengers or the derailment of or other accident to a train or any pert of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or haa suftered a lobs to maintain an action and recover damages in respect 35 thereof, the railway administration shall, notwithstanding anything contained in any other law to the contrary, be liable to pay compensation to the extent set out in sub-section (2) and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or 40 deterioration of goods owned by the passenger and· accompanying him 1n his compartment or on the train, sustained as a result of such accldent (2) the liability of a railway administration under this section shall in no case exceed one lakh rupees in respect of anyone person (3) the provisions contained in sub-section (1) shall also apply to a 45 railway servant on duty on the train claims commissioner 123 (1) the central government may, by notification, appoint any person to be a claims corrunissioner for such local area or for such accident or accidents as may be specified in the notification (2) the qualifications and conditions of service of a claims commis-50 sioner shall be such as may be prescribed ljii (1) an application for compensation under section 122 may be made to the claims commissioner-app!ication for compensation (a) by the person who bas sustained the injury or suftered ady lolls, or (b) by any agent duly authorised by such person in un behalf, or (c) where such person is a minor, by his guardian, or (d) where death has resulted from the accident, by any dependant of the deceased or wh~e such a dependant is a minor, by 5 his guardian (2) no application for compensation under this section shall be entertained unless it is made within three months of the occurrence of the accident but the claims commissioner may, on good cause shown, allow any application to be made at any time within one year of such j () occurrence erpzanation-where a claims commissioner is appointed under section 123 with respect to any particular accident or accidents, the refwences in this sub-aection to the occurrence of the accident shall be construed as references to the date on which the claims commissioner i" 80 appointed assumes charge of his office :j (3) every application by a dependant for compensation under this section shall be for the benefit of every other dependant 125 (1) where a person who has made an application for compensati~ under section 124 desires to be paid interim relief, he may apply 20 to the railway administration for payment of interim relief along with a copy of the application made under that section administration (2) where, on the receipt of an application made under sub-tsection (1) and after making such inquiry as it may deem fit, the railway administration is satisfied that circumstances exist which require relief 25 to be aftorded to the applicant immediately, it may, pending determinatton by the claims commissioner of the actual amount of compensation payable under section 122, pay to any person who has sustained the injury or suffered any loss, ·or where death has resulted from the accident, to any dependant of the deceased, such sum as it considers 3(1 reasonable for affording such relief, so however, that the sum paid shall not exceed the amount of compensation payable at such rates as may be prescribed (3) the railway administration shall, as soon as may be, after making an order regarding payment of jnterim relief under sub~ection 35 (2) send a copy thereof to the claims commissioner (4) any sum paid by the railway administration under sub-aection (2) shall be taken into account by the claims commissioner while determining the amount of compensation payable 118 (1) in inquiring into and determisisg any claim for copen- 40 sation payable under section 122, the claims cnmmissiooer may, subject to any rules that may be made iil this behalf, follow such summary procedure as he thinks ftt p1'oci6iure aad powers ofchims commis-iiloner 5 of 1908 (2) the claims commissioner shall have the same powers as ar6 vested in a civil court while trying a suit udder the code of civil procedure, 1908, in respect of the following matters, namely:-(a) urnmoning and enforcing the attendance of any person ai)d examining him on oath; 5  (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits (3) the claims commissioner shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of crimi-2 of 1974 10 nal procedure, 1973 (4) 'subject to any rules that may be made in this behalf, the claims commissioner may, for the purpose of determining any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the enquiry to assist him in holding the enquiry 15 127 any question as to the liability of a railway administration to pay compensation under section 122, or as to the amount thereof, or as to the ·pei'son to whom such compensation is payable, shall be decided hy claims commissioner "~'  ' claims commi5-sioner to decide tbe liability to pay compensa· tion, etc 128 (1) the claims commissioner shall, in every case where death detcrmina 20 has resulted from any accident, cause notice of the application for com· tion of pensation to be published or served on every dependant who has made compensa· tion in the application in such manner as he deems fit calling upon such derespect of pendant to appear before him on such date as he may fix for determining death the compensation payable to each of the dependants 25 (2) the compensation payable for death shall, after giving credit to any amount paid by way of interim relief under section 125, be appor· tioned among the dependants of the deceased passenger in such propor· tionsas the claims commissioner thinks fit, or may be allowed to any one dependant who, in the opinion of the claims commilaioner is best 90 entitled provlalcut for mdl cai examjdr~ tion of pertoris injured 129 whenever any person is injured as a result 01 an accident under section 122, the claims commissioner mq, if he considers it necessary, dir@et that the person injured be examined by some duty qualified medical practitioner named in the order and not being a witness on either side and ma, make such order with respec:!t to th adita of the g5 examination as he thinks fit  t30 (1) subject td such rules as may be made, the rates of comb,ternu" liensation payable in respect of any injury shall be determined by the dation of claims comliiimoner ~:l1ltipedsa' , (2) the compensation payable in respect of any loss of godds shall be such as· the claims commissiodqr may_ having regard to the circum· 40 stances of the case, determine to be reasonable l'on in res;· }teet of any injury or losr of 1l00d •• 'aysaent of cold-pouatioa is! (1) a railway administration shall comply with an order for eompensation forthwith by depositing the amount of the compensation with the claims commissioner, (2) where any compensation has been deposited as required by lub-eection (l), the railway administration ihall, notwithstanding any 5 thing in any other law for the time being in fol"ce, be discharged from all liability to any person whatsoever in respect of any compensation so deposited" (3) any compensation deposited with  the claims commi8lioner under this section shall, with the least possible delay, be paid to the to applicant for compensation to whom it is payable 132 (l) any person aggrieved by an order of the claims commissioner refusing to grant compensation, or as to the amount of compensation granted to him, may prefer an appeal to the high court having jurisdiction in the place where the accident occurred: '5 appeals against the deci~ion of a claims commissioner provided that nothing in this sub-section shall be deemed to authorise the high court to grant compensation in excess of the limit specified in section 122 (2) the period of limitation for an appeal under this section shall be ninety days 20 (3) the provisions of section 5 of the limitation act" 1963, shall be :: of 1963 applicable to appeals under this section (4) subject to the decision of the high court in cases in which an appeal is preferred under sub-section (1), the order of the claims commissioner on any question shall be final and shall not be called in ques- 25 tion in any court savilll  to oertaid ripts 133 (1) the right of any person to claim compensation under section 122 shall not afteot the right of any such person to recover compensation payable under the workmen's compensation act, 1923, or any 8 of 1913, other law for the time being in force; but no person shall be entitled to 30 claim compensation more than once in respect of the same accident (2) nothing in sub-section (1) shall affect the right of any person to claim compensation payable under any contract or scheme providing for payment of compensation for death or personal injury or for damage to property or any sum payable under any policy of insurance 35 134 (1) the central government may, by notiftcation" make rules to carry out the purposes of this chapter, (2) in particular, add without prejudice to the generality of the foregoing power, such rules ,may provide for all or any of the following matters, namely:-40 power to make rulea in respec:t of matters in thij aapter (4) the qualifications and conditions of service of the claims commissioner; (b) the compensation payable for death; (c) the nature of the injuris for which compenaattod ihau  45 paid and the amount of such compelllation; (d) the manner in which clailnl for compensation may be inquired into and determined by the claims commissioner; (e) the matters in respect of which persons may be chosen to assist the clailnl commissioner under sub-section (4) of section 126 5 and the functio'lls exercisable by such person; <f) generally for the effective exercise of any powers conferred on the claims commissioner by this chapter  chapter xiv regulation of hours of work and period of best10 135 in this chapter, unless the context otherwise requires,-(a) the employment of a railway servant is said to be "continu-definitioal ous" except when it is excluded or has been declared to be essentially intermittent or intensive; (b) the employment of a railway servant is said to be "essen-'5 tially intermittent" when it has been declared to be so by the prescribed authority on the ground that the daily hours of duty of the railway servant normally include periods of inaction aggregating to six hours or more (including at least one such period of not less than one hour or two such periods of not less than half an hour 20 each), during which the railway servant may be on duty, but ia not called upon to display either physical activity or sustained attention; (e) the employment of a railway servant is said to be "excluded", if he belongs to anyone of the following categories, namely:-(i) railway servants employed in a confidential capacity; :25 (ii) armed guards or other personnel t1l~ject to discipline similar to that of any of the armed police forces: (iii) staff of the railway schools imparting technical training or academic educa~on; (iv) such categories of grade d staff as may be prescribed; 3'j (v) such staff as may be specified as supervisory under the rules: (vi,) such categories of staff of the health and medical department as may be prescribed; ~5 (d) the employment of a railway servant is said to be ilfnten_ sive" when it has been declared to be so by the prescribed authority on the ground that it is of a strenuo~ nature involving continued eoacentration or hard manual labour with little gr no period of relaxation - 63 of 1941 fo 1 nothi~&, in this chapter shad apply to any railway aery-ant to 35 of 1"2 whom the factories act, 1948 or the mines act 1952 or the merchant 44 of 1'51 shipping a,ct, 1958 applies chapter aotto apply to certain railway servanw limitation 137 (1) a railway servant whose employment is essentially interof hours mfttent shall not be employed for more than seventy-five hours in any of wort week (2) a railway servant whose employment, is continuous shall not be, employed for more than ftfty-four hours a week on an average in any 5 month (3) a railway servant whose employment is intensive shall not be employed for more than forty-five hours a week on an average in any month (4) subject to such rules as may be prescribed, temporary exemptions 10 of railway servants from the provisions of sub-eeetion (1) or 8ub-6ection (2) or sub-section (3) may be made by the prescribed authority if it is of opinion that such temporary exemptions are necessary to avoid serious interference with the orqinary working of the railway or in cases of accident, actual or threatened, or when urgent work is required 15 to be done to the railway or to rolling stock or in any emergency which could not have been foreseen or prevented, or in other cases of exceptional pressure of work: provided· that where such exemption results in the increase of hours of employment of a railway servant referred to in any of the sub-aections, 21) he shall be paid overtime at not less than one and a half times his ordi-dary rate 'of pay for the excess hours of work 138 (1) subject to the provisions of this section, a railway servant-grant of periodical rest (a) whose employment is intensive or continuous shall, for every week commencing on a sunday, be granted a rest of not less 25 than twenty-four consecutive hours; (b) whose employment is essentiauy intermittent shall, for every week commencing on a sunday, be granted a rest of not less than twenty-four consecutive hours including a full night; (e) whose employm~nt is excluded under sub-clause (iv) of 30 clause (a) of section 135 shall be granted a rest of not less than fortyeight consecutive hours each month, or a rest of not less than twentyfour consecutive hours each fortnight including a full night (2) notwithstanding anything contained in sub-section (1) ,-(i) any locomotive or traffic running staff shan be granted each month, a rest of at least four periods of not less than thirty conse- 35 cutive hours each or at least five periods of not less than twentytwo consecutive boul's each, including, a full night;  (ii) 'the central government may, by rutes, specify the rauway servants to whom periods of rest on scales tess than those laid down 40 under sub-section (1) may be granted and the periods th~; (3) ,subject to such rules as '~y be m~ in, thjs behalf, if -,the prescribed authority is of the opinion that such '~rc\lmstancesa,~ referred to in sub-section (4) of section 137 are present,· it may exempt 81'ly railway servant from the provisions of i$u~ection'(n or claui8 45 (i) of ~b-section ·(z>; 0 provided that a railway servant so exempted shall, in such circumstances as may be prescribed, be granted compensatoryperlods of rest for the periods he has foregone 139 nothing in this chapter or the rules made thereunder shall, where 5 due provision has been made for the °relief of a railway servant,8uthorise him to leave his duty until he ha's been relieved railway servant to remain on duty 140 (1) subject to such rules as 0 may be made in this behalf, the central government may appoint supervisors of railway labour (2) the duties of supervisors of railway labour shall be-supervisors of railway labou'r 10 6) to inspect railways in order to determine whether the provisions of this chapter or of the rules made thereujlder are duly observed; and (ii) to perform such other functions as may be prescribed (3) a supervisor of railway labour shall be deemed to be a com-15 missioner for the purposes of sections 7 and 9 power te make i'ules ill respect of matters in this chapter, 141 (1) the central government may, by notification, make r\lles to carry out the purposes of this chapter - (2) in particular, and without prejudice to the generality of the foregoing opower, ~uch rules may provi"e for all or any of the follow-20 ing matters, namely:-(a) the authorities who may decjare the employment of any railway servant essentially intermittent or intensive; (b) the appeal against any such declaration and the manner in which and the conditions subject to which any' such appeal 25 may be filed and heard: (c) the categories of staff that may be specified under subclauses (iv) , (t) and (vi) of clause (e) of 'section 135; (d) the authorities by whom exemptions under sub-section (4) of section 137 or sub-section (3) of section 138 may be made; (e) the delegation of power by the authorities oreferred to in clause (d); (i) the railway servants to whom clause (ii) of sub-section (2) of section 138 apply and the periods of rest to be granted to them; (g) the appointment of supervisors of railway iabour and their functions 0  chap'i'er xv penalties and o!'fsncesit2 (1) if any person, with intent to defraud a railway adminiltration-fo (a) enters or remalms in any carrig~ on a railway or travels in a train in ~ontraventjon of section 53, or fraudulently travelling or at tempting to travel without proper pus or tick4, (b) uses or attempts to use a single ·pass or a lingle 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 punishable with imprisonment for a term which may extend to six months and to fine which may extend to one thousand rupees: 5 provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of one month and a fine of two hundred and fifty rupees (2) the person referred to in sub-section (1) shall also be liable j 0 to pay the 'excess charge mentioned in sub-section (3) 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 ordinary single fare from the station from which the train originally started, or if the tickets of passengers travelling in the train have been j 5 examined since the original starting of the train the ordinary single fare from the place where the tickets were so examined or, in case of their having been examined more than once, were last examined - (3) the excess charge refelted to in sub-section (2) shall be a suill equivalent to the ordinary single fare referred to in that sub-section or 20 twenty rupees, whichever is more (4) notwithstanding anything contained in section 65 of the indian penal code the court convicting an offender may di~t that the person 45 of 1880 in default of payment of any fine inflicted by the court shall suffer imprisonment for a term which may extend to six months 25  143 (1) if any passenger,-(4) being in or having alighted from a train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on a demand being made therefor under section 52, or (b) travels in a train in contravention of the provisions of 3u section 53, levy of excess charge and fare for travelling without propei' pass or ticket of' beyond authorised distance he shall be liable to !lay, on the demand of my rail way servant authorised in this behalf, the excess charge mentioned in sub-section (3) in addition to the ordinary single fare for the distance which he has travelled or, where there is any doubt as to the station trom which he started, the ordinary 35 single fare from the 'station from whicl1 the train originally started, or it the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the ticket were so examined or· in the case of their havin, been examined more than once, were last examined fo (2) if any passenger,-(0) travels or attempts to travel in or on a carriage, or by a train, of a higher class the that for which he has obtained a pass or purchased a ticket; or ~, 'j  - (b) travels in or on a carriage beyond the place authorised by his pa,ss or ticket, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, any difference between the f-re paid by him and the 5 tare payable in respect of the j,ourney he has made and the excebi charee referred to in sub-section (3)  (3) the excess charge shall be a sum equal to the amount payable under sub-section (1) or sub-section (2), as the case may be or twenty rupees, whichever is more: 10 provided that if the passenger has with him a certificate granted under sub-section (2) of section 53, no excess charge shall be payable (4) if any passenger liable to pay the excess charge and the fare mentioned in 'sub-section (1), or the excess charge and any difference of fare mentioned in sub-section (2), fails or refuses to pay the same on a j 5 demand being made therefor under one or other of these sub-sections as the case may be, any railway servant authorised in this behalf may apply to any metropolitan magistrate or a judicial magistrate of the first or second class, as the 'case may be, for the recovery of the sum payable as if it were a fine, and the magistrate if satisfied 20 that the sum is pale shall ord~ it to be so recovered, and may order that the person liab~e for the payment shall in default of payment suffer imprisonment of either description for a tenn which may extend to one month but not less than ten days (5) any sum recovered u~er sub-section (4) shall, as and when 25 it is recovered, be paid to the railway administration 144 any person failing or refusing to pay the fare and the excels charge referred to in section 143 may be removed by any railway power  remove ,modi ~ervant authorised in this behalf who may call to his aid any other person to effect such removal: 30 provided that nothing in this section shall be deemed to preclude a person removed from a carriage of a higher class from continumg his journey in a carriage of a class for which he holds a pass or ticket:  i' ~ t l- provided further that a woman or a child if unaccompanied by a mal passenger, shall not be so removed except either at the station from where the or he commences her or his journey or at a junction or 35 terminal station or station at the headquarters of a civil district and such removal shall be made only during the day security fo!' aood behaviour ill certaia cases - 14& (1) when a court convioting a person of an offence under section 142 or section 143 finds that he has been habitually committlug 40 or attempting to commit that offence and the ~urt "is of the opinion that it is' necessary or desirable to require that person to execute a bond for good behaviour, such court may at the time of passing the sentence on· the persoh, order him to execute a bond with or without lureti~ for such amount and for such period not exceeding three years as it 45 deems fit (2) an order under sub-section (1) may alga be made by an appellate court or by the kith court when exercising its powers of revision needlessh interfering with meads otcommu-ication in a train ,1m j1 any passenger or any other person, without reasonable and sufficient cause, makes use of, or interferes with, any means provided by a railway administration in a train for communication between passengers and the railway servant in-charge of the train, he shall be punishable with imprisonment tor a term which may extend to one year, 5 or with 'fine which may extend to one thousand rupees, or with both: provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, where a passenaer, without reasonable and sufficient cause, makes use of the alarm chain provided by a railway administration, such punishment shall not 10 be less than-(a) a fine of five hundred rupees, in the case of conviction for the first offence; and (b) imprisonment for three months, in case of conviction for the second or subsequent offence 14:7 (1) if ~y person not being a railway servant or an agent authorised in this behalf- lty for b'adsfer al tickets (a) sells or attempts to sell any ticket or any half of a return ticket; or i - (b) parts or attempts to part with the po_sion of a ticket 20 against which reservation of a seat or berth has been made or any half of a return ticket or a season ticket, in order to enable any other person to travel therewith, he shall 'be punishable with imprisonment for a term which may extend to three months and with fine which may extend to five hundred rupees and shall 25 also forfeit the ticket which· he sells or attempts to sell or parts or attempts to part (2) if any person purchases any ticket referred to in clause (a) of sub-sectio~ (l) or obtains the possession of any ticket referred to in clause (b) of that sub-section from any person other than a railway ser- 30 vant or an agent authotised in this behalf, he shall be punishable with imprisonment for a tenn which may extend to three months and with fine whu:h may extend to five hundred rupees and if the' purchaser or holder of any ticket aforesaid travels or attempts to travel therewith, he shall forfeit the ticket which he bo purchased or obtained and shall be 35 deemed to be travelling without a proper ticket and shall be liable to be dealt with under section 143: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, the punishment under sub-section (1) or sub-section (2) shall not be less than imprison- 40 ment for a term of one month and a fine of two hundred and fifty rupees la (1) if any person, not being a runway servant or an agent authorised in this behalf,-(a) carriei'oji· the business of procuring and supplyina tickets for travel on a railway or for reserved accommodation for jo~y 45 in a train; or , (b) purchases or sells or attempts to p"n:hase or sell tickets with a view to carrying on any such business either by himself or bl any other person, ,', i'etlatty for unauthorised catfying od of businels of proeurin and sup-plyinl ot i'iillway ticketl he shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to one thousand rupees adc1 shall also forfeit the tickets which he 80 procures, supplies, purchases, sells or attempts to purchase or sell: 5 provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a tann of one year and a fine of five hundred rupees  (2) whoever abets any offence punishable under this section shall, 10 whether or not such offence is committed, be punishable with the same punishment as is provided for the offence prohibition on hawking etc, and begging 149 (1) if any person canvasses for any custom or hawks or exposes for sale any article whatsoever in any rail way carriage or upon any part of a railway, except under and in accordance with the terms and ccmdt-15 tlons of a licence granted by the railway administration in this behalf, he shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to two thousand rupees: provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment 20 shall not be less than imprisonment for a term of six months and a fine of five hundred rupees (2) if any person begs in any railway carriage or upon a railway station, he shall be liable for punishment as provided under subsection (1)  25 (3) any person referred to in sub-seetien (1) or sub-seetion (2) may be removed from the railway carriage or any part of the railway or railway station, as the case may be, by any railway servant authorised in this behalf or by any other person whom such railway servant may call to his aid 30 150 if any person in any railway carriage or upon any part of a l'ailway-drunken ness or nuisance (a) is in a state of intoxication; or (b) commits any nuisance or act of indecency or uses abuive or obscene language; or 35 (c) wilfully or without excuse interferes with any amenity provided by the railway administration so as to affeet the confonable travel of any passenger, he may be removed from the railway by any rauqy servant and abau, in addition to the forfeiture of his pass or ticket, be punishable with tm-40 prisonment which may extend to six months and with fide which may extend to five hundred rupees: provided that in the absence of special and adequate r~ to tile codtrary to be mentioned in the judgment of the court, such pum 1d8i1t shall not be ibm ttian-(a) a fine of one hundred rupees in the case of conviction for the first offence; and (b) nnprisonment of one month and a fine of two hundred and fifty rupees, in the case of conviction for second or subsequent offence 151 if any person wufully obstructs or preven~ any railway ~ant 5 in the ~charge of his duties, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both , obs~ tin, railway servant ia his duti •• 152 (1) if any person enters upon or into any part of a railway without lawful authority, or havi~ lawtuily entered upon or into such 10 part misuses such property or refuses to leave, he shall be punishable with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees: tresp8ii and refu-bal to desist from trespull provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment 15 shall not be less than imprisonment for a term of one month and a fine of two hundred and fifty rupees (2) any person referred to in sub-section (1) may be removed from the railway by any railway servant or by any other person whom such railway servant may call to his aid 20 153 ii in any application for compensation under section 124, any person makes a statement which is false or which he mows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both 25 penalty for making a false statement in an application for compensation makin, a false claim for compensation 1m if any person requiting compensation from a railway administration for loss, destruction, damage, deterioration or non-delivery of any consignment makes a claim which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which lylay extend to three years, or with fine, or 30 with both maliciously wreckine orattempting to wreck a train 155 (1) subject to the provisions of sub-section (2), if any person unlawfully,- (a) puts or throws upon or across any railway, any wood, stone or other matter or thing; or 35 (b) takes up, removes, loosens or displaces any rail, sleeper or other matter or things belonging to any railway; or (e) 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 40 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 mowledge tbat he is likely to endanger the safety of any person travelling on or being upon the railway, he shall be punishable 4s with· imprisonment for life, or with regorou's imprisonment fw a term which may extend to ten years: provided that in the absence of special and adequate reuods to the contrary to be mentioned in the judgment of the court, where a period is punishable with rigorous imprisonment such imprisonment shall not be less than-5 (4) three years in the case of a conviction for the first ofrence; and (b) seven years, in the case of conviction for the second or subsequent offence (z) if any person unlawfully does any act or thing referred to in any 10 of the clauses of sub-section (1)-(a) with intent to cause the death of any person and the doing of such act or thing causes the death of any person; or (b) with knowledge that such act or thing is so imminently dangerous that it must in all probability ceuse the death of any 15 person or such bodily injury to any person as is likely to cause the death of such person, he shall be punishable with death or imprisonment for life 156 (1) if any person, with intent to cause, or knowing that he is likely to cause damage or destruction to any property of a railway reter-damqe to or destruction of certain railway properties 20 red to in sub~tion (z), causes by fire, explosive substance or otherwise, damage to such property to the extent of one hundred rupees or upwards, or destruction of such property, he shall be punishable with imprisonment for a term which may extend to ten years (z) the properties of a railway referred to in sub-section (1) are 25 railway track, bridges, station buildings and installations, carriages or wagons, locomotives, signalling, telecommunications, electric traction and block equipments and such other properties as the central government being of the opinion that damage thereto or destruction thereof is likely to endanger the operation of a railway, may, by notigo fication, specify malimoual)o hurting or attemptin, to hurt persons travelling by railway 157 if any person unlawfully throws or causes to fall or strike at, against, into or upon any rolling stock farming part of a train, any wood, stone or other matter or thing with intent, or with knowledge that he is likely to endanger the safety of any person being in or upon such rolling 35 stock or in or upon any other rolling stock forming part of the same train, he shall be punishable with imprisonment for life, or with imprisonment for a term which may extend to ten years 158 if any petbon by any unlawful act or by any wilful omission or neglect, endangers or causes to be endangered the safety of any person 40 travelling on or being upon any railway, or obstructs or causes to be obstructed or attempts to obstruct any rolling stock upon any railway, he, shall be punishable with imprisonment for a term which may extend to five yeara:  enclanpr-in, safety of persom tntvelllng by rauway by wi1fuj act; or omission provided that in the absence of special and adequate reasons to the  , contrary to be mentioned in the judgment of the court, such impriionment shall not be less than-(a) six months in the case of conviction for the ftrst offence; and (b) two years in the case of a conviction for the second or subo 0 ,sequent offence 158 if any person in a rash and negligent manner does any act, 01' omits to do what he is legally bound to do, and the act or omi'ssiod is likely to endanger the safety or any persqn travelling or being upon any 3 railway, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both endadjering safety of person travellln, by railway by ruh or negliaent act or omlmlon 110 (l) if any pell8jlger-edtering into (4) having entered a compartment wherein no berth or seat has been reserved by a railway administration for his use, or 10 (b) having unauthorisedly occupied a berth or seat reserved· by a railway administration for the use of another passenger, '8 compartment relerved or relistinc entry inte acompartment notreserved refuses to leave it when required to do so by any railway servant authorised in this behalf, such railway servant may remove him or callie him to be remeved, with the aid of any other person, from the 15 compartment, berth or seat, as the case may be, and he shall also be punishable with fine which may extend to two hundred rupees - (2) if any passenger resists the lawful entry of another passenger into a compartment not reserved for the use of the passenger resisting, he shall be punishable with fine which may extend to two hundred rupees 20 1&1 if any passenger enters or leaves, or attempts to enter or leave,-(4) any carriage while the train is in motion; or (b) elsewhere than at the side of the carriage adjoining the platform or other place appointed by the railway administration for passengers to enter or leave the carriage; or 25 enterinl carriage in motion or otherwise improperly travellin, ona railwq (c) opens the door of any carriage while the train is in motion, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both travelllnj on root, step or ~of a ireln 162 if any pa$en~r or 8i1y other person, after being warned by a railway servant to 4esist, persists in travelling on the roof, step or foot- 30 board of any carnage or on an engine, 0 or ip any other part of a train dot int@ded for the use of passengers, he shall be punishable with lmprisod-ment for a term which may extend to three months and with fui'6 which may extend to five hundred rupees and may be removed from the railway by any railway servant: 3~ provided that in the absence of special and adequ~ reason to the contrary to be mentioned in the judgment of the court, such punishment iball not be less than imprisonment for a term of ten days and a ftne of oftll hundred npeel alterin, or <ferae  ing pus or ticket 113 if any passenger wilfully alters or defaces his pus or ticket so u to render the date, number or any material portion thereof illegible, he shall be punishable with imprisonment for a term which may extend to three month;l, or with fine which may extend to two hundred and fifty 5 rupees, or with both 164 any person under whose authority any railway servant is employed in contravention of any of the provisions of ghapter xiv or of the rules made thereunder, he shall be punishable wltli fine which may extend to five hundred rupees penalty for contravention of any of the provisiona 011 chapter xiv 10 185 if any driver or conductor of any vehicle while upon the premises of a railway ttisobeys the reasonable directions of any railway servant or police ofticer, he shall be punishable with imprisonment for a tenn which may extend to one month, or with fine which may extend to one hundred rupees, or with both dieobedience of drivers or conduc tors of vehicle, to directions of railwsy servant etc openinc or breakiilg a level, crossinl icntic 15 1416 (l) if any person" other than a railway servant or a person authorised in this behalf, opens any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may extend to three years 20 (2) if any person breaks any gate or chain or barrier set up on either side of a level crossing which is closed to road tra1bc, he shail be punishable with imprisonment for a term which may extend to five years 167 (1) if any cattle are wilfully driven, or knowingly permitted to cattle 25 be, on any railway otherwise than for the purpose of lawfully crossing the trespass railway or for any other lawful purpose, the person in charge of the cattle or, at the option of the railway administration, the owner of t~e cattle: shall, in addition to any amount which may have been recovered i of 11'1 \ or may be recoverable under the cattle-trespass act, ip71 be punishable 30 with fine which may extend 1;0 thirty rupees for each head of cattle 1 of 18'11 (2) any fine imposed under sub-secijon (1) may, if the court so directs, be recovered in the manner provided by section 25 of the cattletrespass act, 1871 (3) the expression "public road" in sections 11 and 2e of the cattle-5s trespass act, 1871, shall be deemed to include a railway, and any railway senr~i may exercise the powets conferred on officers of police by section 11 of that act 1 of 1871 (4) in this section,' "cattle" has the same meaning as in the cattletrespass aet 1871 j of 11'11 168 if any person driving or leading a vehicle is negligent in cl'oi8ida an unmanned level crossing, he shall be punishable with imprisonment which may extend to one year neali-&edtly crossing unmanned level crossidl· e~la1&4tion-for the purposes of this section, "negligence" in relation to any person driving or leading a vehicle in crobbing an unmanned 5 level crossing means the crossing of such level crossing by such person-(a) without stopping or caring to stop the vehicle near such level crossing to observe whether any approaching rolling stock is in sight, « (b) even while an approaching rolling stock is in sight 10 169 if a male person knowing or having reason to believe that a carriage, compartment, berth or seat in a train or room or other place is reserved by a railway administration for the exclusive use of females, without lawful excuse,-entering carriaae or other place reserved for femala (a) enters such carriage, compartment, room or other place, or 15 having entered such carriage, compartment, room or place, remains therein; or (b) occupies any such berth or seat having been required by any railway servant to vacate it, h~ shall, in addition to being liable to forfeiture of his pass or ticket, be 20 punishable with fine which may extend to two hundred rupees and may also be removed by any railway servant giving false account of goods 170 if any person required to furnish an account of goods under section 64, gives an account which is materially false, he and, if he is not the owner of the goods, the owner also shall, without prej,udice to his 25 liability to pay any freight or other chafge unde:r any provision of this act, be punishable with fine which may extend to five hundred rupees for every quintal or part thereof of such goods unlawfuu7 bringing dangerous goods on a railway 171 if any person in contravention of section 65, takes with him any dangerous goods or en4'usts such goods for carriage to the" rauway go administration, he shall be pwiishable with imprisonment for a term which may extend to three years and shall also be liable for any loss, injury or damage which may be caused by reason of bringing such goods on the railway: provided that in the absence of special and adequate ,i'easons to the 35 contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of one month unlawfull, bringing oi'lenalve good on a railway 172 if any petaon, in contravention of section 65, takes with him any offensive goods or entrusts such goods for carriage to the railway administration, he shall be punishable with fine which may extend to 40 ftve hundred rupees and shall also  be liable for any loss, inj,ury or' damage which may be caused by reason of bringing such goods on the rauway  173 if any penon without lawful authority-defacing pubuo notices (a) pulls down or wilfully damages any board or document set 4s up or pasted by the ord~ of a railway administration on a railway or any rolling stock; or (b) obuterates or alters  any letters or figures upon any such board or document or upon any rolling stock, he shall be punishable with imprisonment for a term which may extend to one month and with fine which may extend to two hundred and fifty rupees  17' (1) no passenger in any compartment of a train shall, if objected smoking 5 to by any other passen·ger in that compartment, smoke therein (2) notwithstanding anything contained in sub-section (1), a railway administration may prohibit smoking in any, train or part of a train (3) whosoever contravenes the provisions of s~b-section (1) or subsection (2) shall be pwlishable with fine which may extend to one 10 hundred rupees travel on railway with infeetious or contagious disease 175 if any person suffering from any infectious or contagious d1seaae enters or remains in any carriage or travels on raihvay in contravention of the provisions of 8ub-section (1) of section 54 he, and any person accompanying him on the railway shall, in addition to their being liable 15 to the forfeiture of their passes or tickets and removal from the railway by any servant, be punishable with fine which may extend to one hundred rupees 176 (1) if a person under the age of twelve years is guilty of any of the offences under sections 155, 156, 157, 158 and 159, the court convicting 20 him may require the father or guardian of such person to execute, within such time as the court may fix, a bond for such amount and for such period as the court may direct for the ,rood conduct of such person (2) the amount of the bond, if forfeited, shall be recoverable by the court as if it were a fine imposed by itself 25 (3) if a father or guardian fails to execute a bond under sub-section (1) within the time fixed by the court, he shall be punishable with ftne which may extend to fifty rupees provision with respect to commission of offence by the children of acts endangering safety of person travellin, on railway levy of penalty on non-government railway 177 if a non-government railway fails to comply with, any requisition made, decision or direction given, by the central government, under any 30 of the provisions of this act, or otherwise contravenes any of the provisions of this act, it shall be open to the central government, by order, to levy a penalty not exceeding two hundred and fifty rupees and a further penalty not exceeding one hundred rupees for every day during which the contravention continues: 35 provided that no such penalty shall be levied except after giving a reasonable opportunity to the non-government railway to make such representation as it deems fit recove17 of penalty 178 any penalty imposed by the central government under section 177, shall be recoverable by a suit in the district court having jurisdiction 40 in the place where the head office of the non-govemment railway is situated  119 nothing in section 177 or 178 shall preclude the central government from resorting to any other action' to compel a non-government railway to discharge any obligation imposed upon it by or under this 45 act section 177 of 178 not to preclude central governmentfrom taking an, other action penalty f~ drunkenneue 110 u any raflway servant is in a state of intoxication while on dutj he shall be punishable with fine which may extend to fifty rupees and w,hen the performance of any duty in such state is likely to endanger the safety of any person travelling on or being upon a railway, such railway servant shall be punishable with imprisonment for a term which may extend to one year, or with fine or with both-5 abandoaina train, etc, without authority 181 if any railw~ servant, when on duty, is entrusted with any responsibilfty connected with the running of a train, or of any other rolling stock from one station or place to another station or place, and he abandons his duty b~fore reaching such station or place without autharlq or 10 without properly handing over such train or rolling stock to another authorised railway 'servant, he shall be punishable with imprisonment for a term which may extend to t~ years and with fine which may extend to five hundred rupees: provided that in the absem:e of special and adequate reasons to the 15 contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of six months and with a fine of two hundred and fifty rupees 182 if any railway sel'vant (whether on duty or otherwise) or any other person obstructs or causes to be obstructed or attempts to obstruct 20 any train or other rolling stock upon a railway,-obstructin, runnin! af train, etc, (4) by squatting or picketing or during any rail toka agitation or b4ndh; or (b) by keeping railway; or without authority any rolling stock on the 25 (c) by tampering with, disconnecting or interfering in any other manner with its hose pipe or tampering with signal gear or otherwise; he shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees: provided that in the absence of special and adequate reasons to the 30 contrary to be mentioned in the judgment of the court, such punishment shall not,-(i) if it relates to the offences specified in clauses «(i) and (b), be less than imprisonment for a term of three months and a fine of five hundred rupees; 35 (n) if it relates to the offences specified in clause (c), be leas than imprisonment for a term of six months and a fine of one thousand rupees  183 if an,y railwa~ servant, when on duty, endangers the safety of any 40 person-endauprtn,the lbfety of penoaa (g) by disobe~ng any rule made under this act: or (b) by disobeying any instruction, direction or order under this act or the rules made thereunder, or i (c) by any rash or negligent a'ct or omission, he shall be punishable with impp,sonment for a term which may e~tend 45 to two years and with ftne which may extend to one thousand rupees: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of six months and a fine of five hundred rupees 5 184 1£ any railway servant unnecessarily,-obstruct_ ina level croulng (a) allows any rolling stock to stand across a place where the railway crosses a public road on the level; or (b) keeps a level crossing closed against the p,ublic, he shall be punishable with ftne which may· extend to one hundred rupees false returns io 185 if any railway servant required to furnish a return by or under this act, signs and furnishes a return which is false in any material particular or whi'ch he knows or believes· to be false, ot does not believe to be true, he shall be punishable with imprisonment which may extend to one year, or with fine which may extend to five hundred rupees, or witll 15 both making a false report by a railway servant 186 if any railway servant who is required by a railway adminislra~ tion to inquire into a claim for loss, destruction, damage, deterioration or non-delivery of any consignment makes a report which is false or which he mows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to two 20 years, or with fine which may extend to one thousand rupees, or with both 187 if any railway servant referred to in sub-section (2) of section 54 penalty knowing or having reason to believe that a person is suffering from any for w nnlo•l1-infectious or contagious disease, wilfully permits the person to travel on  , 25 a railway without malt::ng arrangements for his separation from other paspermitting a person sengers, he shall be punishable with fine which may extend to one sutrerln, hundnd rupees } tram any infectious or conta-11ou diieiie to travel omilbion to jive notice of accident 188 if any railway servant omits to give such notice of an accident as is required by section 111 or in the form and manner prescribed under 30 section 120, he shall be punishable with fine which may extend to fifty rupees arrest for offences under certain sections 189 (1) if a person commits any offence mentioned in sections 142, 146, 147, 148, 149, 150, 151, 152,156, 156, 157, 158, 159, 160, 161, 162, 163, 166, 168, 169, 171, 173, 176, 180, 181, 182 and 183, he may be 35 arrested without warrant od other written authority by any rauway se,rvant or police officer not below the rank of a head' constable (2) the railway servant or the police officer may call to his aid any other person to effect the arrest under sub-section (1) (3) any person so arrested under this section shall be produced 40 before the nearest magistrate within a period of twenty-four hours of such arrest exduding the time necessary for the  journey from' the place of arrest to the court of the magistrate  arrest ot p  ~to ablconl, etc111 (1) if any person who commits any ojience under this act, outer tha:n an offence meiltionect in seetion 189, -or js -~ to pay any excess chqe or other sum demanded under section 143, falls or ~ togive his name and address or there is reason to believe that the name and address given by him are fictitious or that he will abscond, any railway 5 servant authorised in this behalf or any police oftlcernot ·be1owtllerank of a bead constable may arrest him without warrant or written authority (2) the railway servant or the police officer may call to his aid any other person to effect the ar1'est under sub-section (1) (3) any person· arrested under this section shall be produced before 10 the> nearest magistrate within a perioo of twenty-four hours of such arrest aeluaing itbe' time necessary for 'the joumey from the· place of arrest to -1he court of the~glstnte unless he i'8 released earlier on 1iyid,·ballor if 'his true ·name and ack:jnss are aacertain8d on executing a jbciild without ~'i1u'eties for his appearldce ·before the· magistrate having jurtlldmtion to try him for the·offence 15 2 of tnt (4) the provisions of chapter xxiii of the code of criminal prooeclun!, 1t73, -shall, 110 far b's may be, appll: to the giving of bat i and the exeeution of bonds 'under ,this ·seetfon ulnotwtthstanding anyt~g contained in the code oj criminal 20{ 1974 proceclure,'19'13, 'ilo court inferior to that of a metropolitan magistrate or ~o a l-udiefal macfstrate of the first class shall try an offence under this act  mqlatrate lanidi juride ticm  the actplace of trial liz (1) any person committiqean ,oaence udder this act or any rule made tlberem:tder 1iaa1l be  viable -for, luc:h offealce in eny place in which he may be or which the state government may nouty in tbi8 be- 25 half, as well as in any other place in which he is liable to be tried udder any law for the time being in forc:e (2) every notification under sub-section (1) shall be publilhed in the <>mcla1 gazette, and a copy thereof shall be edibtted for qae iqiormatlon of:the pubuc in some ~cuou8 place at such railwa1 tlodi 30 as the state government may c1ireet i' i l _ chapter xvi 193 (1) a railw,q ac1ministration may, for the pudpose of facluting the carrl of puienl81's or goods or to provide integrated service for 35 suh carriage, provide any otker mode ·of transport (2) jiotwithstapdinl-~ coataioed in • y other law for ,~·time ",!ia~feree, the~rof ,thia ~ &ballapply to~the oarrtace of ,-e!wif' or ,gema hy tho mede of trad8port refeqed· ·totn sbolectlon ul ~ l,nj (1} nowritutanding anjtbial to, the,con - , cojitaided' in any other, law a~railwa, administ&'&ticn\,1liib d  fbe,ltall18!to:pay:;  in aid of~tae:tuddi·,of my loeal amboru,t:ud1eiil tbe~calltntcaownueat, by notification, declares the railway administration to be liable·to pay the 5 tax specifted in such notification tamlon' on na wa,, ,by ~  authoritle$ • (2) while a not1fieation of the·ceatral aovr-n,\ijldeao sub 1iouoft· (1) is in follce, the, rauwa, admiai  tleatbabcbe·1i8b1e,to ~, thelocal authority either the tax specified in the notification or, in ueu'tm!wof, such sum, if any, as an oftlcer appointed in this behalf by the central 10 government may, having regard to all the clreumitances of the cue, from time to time, detennine to be fair and nuonable (3) the central government may at any time revoke or vary a doti· fication issued under sub-section (1) (4) nothing in this section shau be conatniedto preuedt any railway j 5 administration from enterin, into a colltl:lct with ,8d,local - ,  tor the supply of water or u,ht, or for the sc:avedllul of rauwilf: pniiiiiei, or for any other service which the local authority· ill be,",  or be prepared to render to the railway administration its (1) notwithstandin, anytmaa to tt contluy colltalned in any taatloa oil rail·  toi'-ad, ••• jdeidi 20 other law, a railway administration shall not be llable to pay any tax to any local autbority: in respeet', of· anr advjertiaanmt· maci&-'oil 8d1 part of the railway unlea the cedtral; govemment, bj· notiflatlea; declans the railway adminiatration to be jiawe to pay' the tax specifted in sugh notification  2 5 (2) the centra} government may at any time, revoke or vary a notification issued under, sub-sectlon (1) barot jurildtctlon of civil courta 1m save as otherwise expressly provided in this act no civil coiil't shall have jurisdiction to entertain any suit or proceedidcfor anywq done or action taken or any omission made by the ceatral gonnudent or by a railway administration in violation or contravention, of adj' pro-30 vision of this act  197 no suit, prosecution or other proceeding shall lie aplnst the central government, any railway admtnistratt~ a rallway &el'vju'1t or ad1 other person for anything which is in good faith done or intended to be done in pursuance of this act or any rules or orders made thereunder protection of action tak_ in igod fiwl 35 restrietioa, encu_ aput rellwa;v ptoperty 118 (1) no rolung stock, machinery, plant, tools, fittings, materials or effects used or provided by a railway adm1nfstrattod for the purpoi8 of traftle on its railway, or of its stations or workshops, ehau be llah1e to be taken in execution of any deereeor order of any court or of ~ local 40 authority or person having hy law the power to attach or, dlitnin ~ perty or otherwise to cause property to be taken in executiod, ww1cnt the previous sanction of the central govemment (2) nothing insub-secuon (1) shall be coastnled to  the authority-of any court to attach the eaminp of a railway in executlojl of 45 a decree or order 189  (1) any rauway servant, who is not a public servant within the 45 of lts6 meaning of·· section 21 of the indian penal code, shall be deemed to bea public· servant for the purposes of chapter ix and secus" of that code ' (2) in the definition of ''legal remuneration" in section 161 of the indian penal code, the word ''govel-nment'' shan, for the purposes of 5 iiuh sectiod (1), be deemed to include any employer of a railway servant 45 of 1'86 u~  bailwa)" 8ii1'98nts to be public servfmts tor the plu"poieij of chap_ ter ix au4 section 409 of the iadliiil penal code 200 a railway servant shall not-10 railway -rvant not to edg&fe in trade (a) purchase or bid for, either in perlon or by an agent, in his o'wn·name'or in that of another, or lomtly or in shares with others, any property put to auction under section 81 or 'section 82 or section 83 or seetion 88; or  15 pjoew4i_ fgl"- ftlt tid railwa)" administration of prgpej:ty -wiled by railway iel"vailt (b) in contravention of any direction of the railway administration in this behalf, engage in trade 1 if a railway servant is d1scharged from service or is suspended, or  dies or abseonds or absents himself, and he or his wife or widow or any member of ·his family or his representative, refuses or neglects, after notice in writing for that purpose, to deliver up to the railway aciminis- 110 tration or to a person appointed by the railway administration, in this behalf, any station, dwelling-house, oftlce or othtu' building with its appurtenances, or any books, papers, keys, equipment or other matters, belonging to the railway administration and in the possession or custody of such railway servant at the occurrence of any such event as aforeaald, any m~tropoutan magistrate or judicial magistrate of the first class may, on application rnadeby or on behalf of the railway administration, order any police ofticer, with proper assistance, to enter upon the station, dwelling-house or other building and remove any per~on found therein and take possession thereof, or to take possession of the books, papers or other 15 matters, and to deliver the same to the railway administration or to a person appointed by the railway administration in that behalf 202 entries made in the records or other documents of a railway administration shall be admitted in evidence in all proceedings by or against the railway administration, and all such entries may be proved 30 either by the production of the records or other documents of the railway administration containing such entries or by the production of a copy of the entries certifled bf' the oftleer having custody of the records or other doewnents under h1's signature and stating that it is a true copy of the original entries and that such orlglnal entries are contained in the records or other documents of the railway administration in his possession 35 203 aily notice or other document required or authorised by this act tobe served on a rauway administration may be served, in the case of a zonal" railway on the general manager or any of the railway servant authorilled by the general manager, and in the case of any other railway, servlee of dotfce, on ra!1way acjmfnt tt'audft on the owner or:leuee of the railway or the pe1'lol1,w'orkidi the railway under an ,agreement-; (a) by'delivering it to him; or (b) by leaving it a~ his ofbce; or 5 (c) by registered post to his oftlce addre •• 204 unless otherwise provided 'in this 'act or the rules framed tberes8mce under, any notice or other document required or "authorised by this aet of doticee to be served on 'any person by a railway adminh1tration may be servedetc" (4) by delivering it to the penon; or by railway aciminj-tration 10 (b) by leaving it at the usual or last known place of abode of the person; or " (c) by registered post addressed to the person at his usual or last known place of abode ' p~ tion where notice is serveci by poet 205 where a notice ol' other document is served by post, it sliau be 15 deemed to have been served at the time when the letter contatntn, it would be delivered in the ordinary course of post, and in proving such service, it shall be suftlcient to prove that the letter contafnidg the dotfce or other document was properly addressed and registered 206~ (1) a railway administration may, by order in writing, autborim 20 any railway servant or other person to act for, or represent it, as the case may be, in any proceeding before any clvil, criminal or other courts rapremntatiod of ra1:1wa, acimjju-tratlod lot 1974 (2) a person authorised by a railway administration to conduct prosecutions on its behalf shall, notwithstanding anything in section 302 of the code of criminal procedure, 1973,be entitled to conduct such prose-25 cutions without the permission of the magistrate 207 the central govetnment may, by notification, exempt any railway from all or any of the provisions of this act power to exaapt railwey froas act mattws supplematal to the deftditioll8 ot "rau-way" and "railway senrant" , z08~ (1) for the purposes of sections 65" 111, 119, 121, 129, 152, 158 to 159, 166, 171, 173, 176, 178, 179, 181 to 184, 188, 189, 190,192, 191,195, 198 30 to 201, 203, 204, 206 and 208, the word "railway" whether it 0cc'lu'ji alcme or as a, pl'efix to another word, has refwence to a railway or portion of a rlluway under construction ill}d to a railway or portion of a railway not used for the public carriage of passengers, animals or goods as wen as to a rauway falling within the deftnitic!d of that word in clause (30) of 40 section 2 (i)' nt ~: puipclm' of mfettdlw '1, 22, ul, 1m; 1" 180 to 1m; 1m 199, 200 and 201, the expression "railway ~i' ~ a perifib employed under a railway in connection with the service thereof by a penon fulfllung a contract with the railway' admmtlltntim •• wlthout prejudice to an,-}lo¥te' to; jd8kei nteoataidedl elsewba'e 5 in this act, the central government may make rul aeurauy to earry out the purpoles of thl act ! rulee to be • ~ parlta mfnt zig every rule made under this act sba11 be laid, u soon as may be after it is idlclllti beme each houiie -of ~ whij4t'it is in liiilon, fot' a total p8l'iod·of thtttt'da,  htdrmay be ecal,laid'ib ode __ 10 or in two or m4lt'e'l1ieeeadye ~aad ~if, befere' th~< dittay of the session immediately following the session or the successive  ions ~ said, both houses agree in maldnc· ,any madtioat1oa in the rule or both houses agree' that the rule should not be made, the rule shall thereaftel" have eifect only in such mod1fled form or be of no etreet, as the cue 15 may be; so, liowever, that any such mocwleatlon or annulment shall be without prejudice to the validity of anything previously done under that rule 211 (1) the lndian railways act, 1890 is hereby repealed eof 1190 (2) notwithstanding the repeal of the indian railways act 1890 20 (hf!ll'eindter referred to as the repealed aet)-(ii) anytbidg done or any action taken or purported to have beea dade· or' tajren· (including «by rule, dotiftcetion, id8pection, order or notiee m- or issued, or any appointmer1t or declaratlclft made or any ucence, permission, authqrisation or exemption granted or any 25 document or instrument exec~ted or any direet10n given or any proceedings taken or any penalty or fine imposed) undv the repealed act shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have' been done or taken under the corresponding provisions of this act; : 30 (b) any complaint made to the railway rates tribunal under subsection (1) of section 41 of the repealed act but not disposed of before the commence'ment of this act and any complaint that may be made to the said tribunal against any act or omission of a railway administration under the repealed act shall be heard and decided by the,_ tribunal constituted under this act in accordance with the provisions 3::1 of chapter vii of this ad; (c) any applieation made to any claims coljlll1issioner under sub-section (1) of section 82c of the repealed act but not disposed of before the commencement of this act and any application that may be 40 made to any claims commissf,ener in relation to arty accident oceurred before:sucl1 commencement i~ be dtsposed of by my claima commissilmer' appdtnted luldet this act in aeord8me with the ~ of this aet; and  , (d) every appeal from any llecbjion of the claims coduirlasioller under sub-section (2) of section 821i" of the re~alea act shall, if not 45 preferred before the commencement of the act, be prefetred befme the high court within a period of ninety days from sucb co'll1l!iertc!l!-ment: provided that the high coul't may entertain s~ appeal after the expiry of the said period ot ninety days it it is satiafled that the appellant wu ,pj2vented by 1"&!ient ·ebuiie from ftung the appeal within the 'said period   (3) the mention of particular ~t~ in sub-section (2)shall  dot be held to prejudice or dect the ~  8ppucation 4f ·section 6 of the liot 117 general clauses act, 1897, with regard to ·the effect ot repeal  the schel>ule[see section l02(j)]  extent of monetary liabillty of utlway aumims'l'ration for loss, dlsiroction, 1l'l'c •• of animals in casils w1mai valtjzhas no'i'an dbcladd at '1'hb time of entr~ ----__------ description of animals(1) _t ofubiuty of rai1w:~y ~dmidistrat1on rs 3,000 per head bs l~:per ljaad rs ~  per heed -------------------elephants ·honies ;)lu1es, homed cattle or camels ri 80 per head dogs, donkeys, goats, pigs, sheep or other animals not mentioned above birds rs 30 perhead ----'---" ----the indian railways act, 1890 was enacted at a time when the railways in india were mostly managed by private companies the government of idclia primarily played the role of a coordinating and regulating authority in various matters, such as, inter-railway movement of traffic, fixation of rates, sharing of revenue earnings of through traffic, apportionment of claims liability amongst the rauways, providing reasonable facilities to passenger and ioods traftlc, etc this role was accordingly reflected in the act but now, except for a very small portior of the railways, the entire railway ~jstem has become part of th~ government of india to give effect to the changes in the railway system from time to time, the act had also undergone changes a number of times since ibl enactment in 1890 in addition, as some of the original provisions enacted in 1890 had continued w~thout any change, a need for ,their replacement by new provisions more responsive to the needs of the present day was felt and some other provisions have become redundant there lias also been a demand, both within and outside parliament, for the re-enactment of the act so as to reflect the large number of changes that have occurred in the railways it has, therefore, become necessary to consolidate and amend the law relating to railways by a new railway act 2 the bill, while giving effect to the changes that are necessary due to the change of circumstances, provides, among other things, for the following matters, namely:-(i) the railways are being administered by zonal railways this position had not been given effect to in the act the bill provides for the constitution of railway zones, abolition of existijig zones and appointment of general managers as heads of these railway administrations (ii) power has been given to the central government to fix the rates tor the carriage of passengers and goods over the railways instead of the existing provisions to fix only the maximum and mbwnum rates for such carriage and leaving the fixation of specific rates to the railway administrations in addition, the railway qdministrations are also being authorised to specify lump sum ntes for the carriage of goods (iii) in accordance with certain j,udicial pronouncements, the bill provides for statutory recognition of the railway receipt as a negotiable bmtrument (iv) the bill specifically provides for limiting the monetary liability of railway administrations in ,respect ot payment ot compensation for loss, damage, etc, of goods provision has however, been made for 'full liability subjectto the condition that the consignor while entrusting the goods to a railway administration for carriage, should declare the value of the goods and pay a percentage charge on such value (v) the oftences included in the act have been rationalised and a few new offence have also been included in the bill punishments for some of the offences had dot been changed since the enactment of the act penalties provided for the' offences under the act have been made more stringent which would include, among other things, a minimum punishment for many of the offences  3 the bill seeks to achieve the afomsaid objects 4 the notes on clauses explain in detail the provisions included - the bill nzw dllhi; the 2nd april, 1986 madhavrao scindia clau8e 2 seeks to deftne certain words and expressions used in the bill  clause 3--su})'clause (1) provides for constitution of government railways into zonal railway • sub-clause (2) provides that zonal railways existing immediately before the commencement of this act shall be deemed to be zonal railways under sub-clause (1) sub-clause (3) provides that any unit of railways engaged in research, development, designing, construction or production of rolling stock, etc, may be declared as a zonal rallway sub-clause (4) empowers the central government to abolish any zonal railway, or constitute any new zonal railway or change the name or headquarters of any zonal railway and determine the area of their jurisdiction clause 4 provides for appointment of general manager of a zonal railway in whom the superintendence and control of railway shall vest clauses 5, 6 and 7 provide for appointment of chief commissioner of railway safety and commissioners of railway safety, and their duties and powers clause 8 lays down that the commissioner shall be deemed to be a public servant clause 9 lays down· that railway administration shall afford all reasonable facilities to the commissioner in the discharge of his duties and exercise of powers clause 10 provides for the powers of railway administration to execute all necessary works in relation to construction and maintenance of railways oawe 11 confers on railway administration the power to alter the position of pipes, electric supply lines, drains or sewers etc for the purposes of exercising the powers under this ac~ c1cwe 12-sub-clause <a) provides that railway administration of the government rauway shall not 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 sub-clause (b) provides that a railway administration of a non-govemment railway shall not 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 cz4ube 13-sub-clause (1) lays down that a railway admtnfstrattoa may take such steps as it may consider necessary to avert danpr to the l1'lf)vement of rolling stock or remove the obstruction caused by fad fif any tree, post or structure, etc • _ ,  -•• _  _'j~ _-' i~ • :· w'o  __ •• _  "  sub-clause (2) empowers a railway administration to enter upon an, lands adjoining the railway and to do all works necessary for the·purpoie of repairing or preventing a slip or accident sub-clause (3) lays down that the central government on receipt of report under sub-clause (1) or (2) may direct that the work be stopped or be carried out on such conditions as may be specified by the ontral government clause 14-sub-cla~se (1) provides that no suit shall lie agail11lt the railway administration to recover any amount for any damage or loll caused in exercise of the powers conferred by clauses 10 to-sub-clause (2) provides that the amount of damage or loss shall be paid or tendered to the persons and if any dispute arises as to tile sullciency of the amount or as to the persons entitled to receive such amount, the same shall be referred to the district judge who shall decide it as an appeal under section 96 of the code of civil procedure, 1908 clause 15 provides for the nature of accommodation works and the circumstances in which such accommodation works may be carried out by a railway administration,  clause 16-sub-clause (1) provides that an owner or occupier of any land or the state government or a local authority desiring any additional accommodation work may require the r"ilway administration to carry out such work at the cost of such owner, occupier, the state government or the local authority, sub-clause (2) provides that the works carried on under sub-section (1) shall be maintained at the cost of the owner, occupier, the state government or the local authority at whose request the works were done -  sub-clause (3) lays down that in case of any difference between tlje railway administration and the owner, occupier or the state government or the local authority, in relation to the necessity of or expenses incurred on the construction of accommodation works, the same shall be referred to the central government whose decision thereon shall be final clause 17 provides that the central government may require boun  dary marks or fences to be provided by a railway administration and, further provides that suitable gates, chains, bars, etc, may be erected and renewed at level crossing or that person be employed by a railwayadministration to open and close such gates, chains or bars etc clause 18 provides for construction of over close bricl~ and underbridges at a level crolsing at the instance of the state government or the local authority in the interest of public safety cz4tfbe 19 lays down that no railway shall be opened lor the public carriage' ·of passengers until the central government has sanctioned the opening thereof clause 20 lays down the formalities to be comp1i~with before tanction to the opening of a railway is -given by the central government clause 21 lays down that the provisions of clauses 19 and 20 shall !lpply to the opening of: additibnal lines of railway de~~tion lines o~ni~g o~ , stations, junctions, level crossings, introduction of electric ·traction, etc clauae 22 provides that where an accident has occurred on a railway r~sultinl ina temporary suspension of traffic such railway may be opened for the public carriage of passengers without prior inspection by the commissioner if the railway servant in charge of the works undertaken by reason of the accident certifies that opening of the lines of rails, works and temporary· diversion wlll not be attended with danger to the public and notice of the opening of such ifnes of rails, works or other diversion is sent by telegraph to the commissioner clause 23 empowers the central government to close railway opened for the public carriage of passengers on receipt of the opinion of the commissioner cl4uae 2 lays down the conditions for re-opening of closed railway clcua8 25 enjoins on a railway administration a duty to obtain the previous sanction of the central government before using any rolling stock of a design or type different from that already running on any section of the railway clause 26 provides that the powers of the central government relating to opening of railways may be delegated to the commissioner subject to such conditions as may be specified clause 27 provides inter alila that the central government, before openillg a railway for the public carriage of passengers may make rules in respect of the duties of railway administration and the commissioner, the arrangements to be made and the formalities to be observed before such opening of railway clause 28-sub-clause (1) empowers the central government to fix rates for the carriage of passengers and goods and specify the conditions subject to which such rates shall apply sub-clause (2) empowers the central go~nt to fix rates or other charges including demurrage and wharfage and the conditions subject to which such rates or charges shall apply cluuse 29 empowers the central government to classify commoditiel and alter rates therefor   cl4ure 30 empowers a railway administration to charge station to ltation rate, idcreue, reduce od caru;el such rates and withdraw, alter or amend the conditions attached to such rate and to charge any ium~ sum rate cla1ioie 31 provides for establishment of a railway rates tribunal !\nd quauftcations of persons who may be chairman and members of such tribunal, etc clause 32 provides that the tribunal may, with the previous approval of the central government, appoint ofbcers and employees for th etbcient discharge of its functions under chapter vue claue 33 lays down that the tribunal may stt at such places i\s it mayftnd convenient clause 34 provides for the nature of campiaf'ftts against a rauwa,v administration which may be made to the trlbudal tlause 35 lays down the bar on the jurisdiction of tribunal in certain matters such as cl8lsiftcation or re-classification of a commodity, fixation of wharfage and demurrage charges, fares levied for the carriage of passengers and freight levied for the carriage of luggage, parcels, etc clause 36 provides that the tribunal shall be a civil court under the code of civil procedure 1908 for the purpose of taking evidence on oath, etc, and shall also be deemed to be a civil court for all the purposes of ection 195 and chajj!ter xxxv of the code of criminal procedure, 1973 clause 37 lays down that the central government may make a referej)ce to the tribunal in respect of ml\tters specified in section 35 clll'use 38 enjoins on the central government a duty to give assi's-tance to the tribunal clause 39-(a) provides that where lower rates are charged, the burden of proving that such lower rate does not amount to undue preference shall lie on the railway administration (b) provides that while considering the qu~tion of undue preference the tribunal may take into consideration whether such lower rate charge is necessary in the interest of public clause 40 provides for the finality of the decision of the tribunal clause 41 bars the jurisdiction of courts in respect of matters which the tribunal is empowered to deal with or decide c1,ause 42 enunciates the reliefs the tribunal may grant clause 43 confers on the tribunal power of revision in certain circumstances clause 44 provides that the order of the tribunal shall be a decree ot the civil court and shall be executed accordingly clause 45 provides that the tribunal shall make an annual report to the central government of its proceedings clause 46 empowers the tribunal to make regulations with the previous approval of the central government such regulations may inter aua be made in regard to' the award of costs referen~ of any question to a member or oftlcer of the tribunal for report the right of audience, the scale of fees, etc:  ' c14use 47 provides for exhibition of timings of trains and table of tares at every station clau'te 48 provides for issue of tickets, the particulars to be given on each ticket and also provides for display of hours at station during which tickets may be i  uecl claube ~ lays down that the ticket lhall be deemed to have beea iasued subject to t~ availability of aacommodatlcm in the claii and for the train for which it is issued and provides for refund of difference of fare if the journey is performed in lower cl8sl clauae 50 provides for cancellation of ticket and refund therefor clgue 51 prohibitls the trazaater of tickets iasued in the name of a persojl clause 52 provide lot' exhibition of pui and ticket durin, the joul'ne1 or at the end of joumey and i\u'rendtr thereof    cl4use 53 prohibits the entry and travelling in any carriage without proper pass or ticket cuiuse 54 provides for the manner in which the person su1fering from infectious or contagiou's disease may enter or travel in a carriage clause 55 empowers a railway administration to fix the ilulximum number of passengers which may be carried in each compartment clause 56 empowers a railway administration to earmark com part: ments berths or seats in every train for exclusive use of females clause m enjoins on a railway administration a duty to provide and maintain efficient means of communication between passengers and the railway servants in charge of the train , clause 58-sub-clause (1) and (2) empower the central government to make rules regarding carriage of passengers and their luggage under chapter viii the matters in respect of which rules may be made are enumerat,ed in sub-clause (2) sub-clauses (3) and (4) empower the central government to provide for punishment for contravention of rules made under this clause and impose an obligation on railway administration to allow the inspection of such rules free of charge clause 59 imposes an obligation on every railway administration to maintain the rate-books or other documents relating to rates and make them available for reference to any person without paym,ent of any fee clause 60 empowers railway administration to impose conditions with respect to receiving, forwarding, carrying or delivering of goods and maintenance of a copy thereof at each station where goods are received for carriage and make it available for reference of a,ny person without payment of any fee clcwae 61 provides for risk rates at which goods 'may be entrusted to railway for carriage " - clause 62 provides for execution of a forwarding note by a person entrusting goods for carriage by railway cz4'ui1e 88-sub~ause (1) imposes an obligation on railway administratioll to issue railway receip~ for the goods entrusted to it sub-clause (2) lays down the circumstance under which the railway administration ,shall not be responsible for correctness of weight description or classification or number of packages mentioned in railway receipt clause 64-sub-clause (1) provides for delivery of a statement of description of goods by owner, consignee or endorsee to a railway l1el'vant slab-cl~use (2) empowenthe railway administration to refuse to accept the goods in the circumstances mentioned therein sub-clause (3) empowen the railway administration to charge the highest rate for any class of goods in cases mentioned therein sub-clauses (4)" (5) and (s) empower the rauway administration to charge 1he rate not exceeding dou~le the highutrate for- any clus of i~ in case the statement delivered under sub-clauae (1) is materially false and examination of geoid' at' 'the cost of the owner, etc ctoue 85 lays down the manner of carriage of dangerous or oftedllft 100ds by railway clause 66 provides that the railway shall not carry any animal lufferi~g from infectious or contagious diaease clause 67 empowers the railway administration to carry goods or t devrate the route under the circumstances mentioned therein clause 68 prohibits a railway administration from giving undue or unreasonable preference in favow' of any particular person or traftlc clause 69-sulb-clause (1) empowers the central government to give directions to the railway administration with regard to- (a) special facilities for the carriage of goods consigned by or to the central govemment or the state government or any other joodt; (b) the route or the rate at which any goods may be carried; and (e) to restrict or refuse acceptance of any goods at or to any tatlan sub-c1au'8e (2) provides that an order under sub-clause (1) shan be in force for one year and may be renewed for a period not exceedin one year at a time clause 70 empowers the central government to fix the maximum carrying capacity of a wagon or truck clause 71 provides for jevy of punitive charges' for overloading a wagon cbause 72 provides for passing of property in the consignment covered by a rail way receipt clause 7a lays down the right of stoppage in transit by consignor as an unpaid vendor and right of railway administration for unpaid freight clause 74 provides for delivery of the consignment on surrender of railway receipt clause 75 provides for the manner in which delivery of consignment or sale proceeds may be made where two or more persons claim the same clause 76 gives right to railway administration to re-measure re-weigh or re-classify any consignment and re-calculate the freight and other chargeo; and to collect any amount that has been omitted clause 77 provides for weighment of consignment at the request of the consignee or the endorsee and the circumstances under which suell weighment may not be permitted clause 78 absolves the railway administration from liabilities for delivery of consignment on production of railway receipt c'z4tise 79 provides for' open delivery of consignment if received in damaged condition clause 80 lays down that the consignee or the endorsee shall take delivery of the consignment or part thereof and in case of failure to take delivery wharfage charges may be levied  cztlue 81provldes for detention of consignment, part thereot er any other consignment of - penon from whom any charges are recoverable by a railway administration and the manner of diapoaal of such consignment and rendering the surplus of sale proceeds to the person' entitled thereto _ clauae 82 provides for treating certain consignments as unclaimed and the manner of disposal of such consignments and rendering the lurp!us of sale proceeds to the person entitled thereto clause 83 provides for disposal of perishable consignment in the circumstances mentioned therein clause 84 lays down that right of sale under clauses 81, 82 and &3 shall not be a bar to the recovery of freight or other charges, etc by railway administration by suit czause 85-sub-clauses (1) (2) empower the central government to make rules for carrying out the purposes of ohapter ix the matters in respect of which rules may be made by the central government are enumerated in detail in sub-clause (2) sub-clauses (3) and (4) empower the central government to provide for punishment for contravention of rules made under this clause and impose an obligation on railway administration to allow the inspection of such rules tree of lberle  clause 86 defines certain words and expressions used in chapter xclause 87-sub-clause (1) empowers the' central government to declare a station to be a notified station for the purposes of removing consignment without delay under the circumstances specified therein sub-clause (2) lays down the manner of giving notice of gooqs carried to a notified station sub-clause (3) provides that goods not removed from a notified station within seven days from the termination of transit may be sold unde:r sub-clause (1) of clause 88 by public a~ction sub-clause (4) provides that if the goods to be sold include essential commodities, the copy of statement may be sent to the repre-sentative of the central government, the state govemment and the district magistrate within whose local limits such notified station is situated clause 88 provides for the manner of disposal of goods not removed from notified 'stations czause 89-sub-~lawie (1) lays down that railway administration may retain the freight and other charges and render the surplus to the per-ion entitled thereto sub-clause (2) provides that realisation of freight and other charps by public auction of the goods shall not bar recovery by suit of freight iijld other charges by railway administration su1>clause (3) provides that any goods sold under sub-clause (1) shad vest in the buyer or the transferee free from all encumbrances clause 90 empowers the central government to make rules for tm purposes of chapter x the matters in respect of, which such rl,iles may ~ made are enumerat,d in s\lb-elause (2)', ~i'" ' cuwse 91 'provi4es that a railway administration shall be responsible far -the 1os8~ destruction, damage, etc, "f--any consigr,:a:ment arijing from any cause except the causes mentioned therein clause 92 lay's' down, the' responsibility of the railway administration in case the goods are loaded or delivered at a siding not belonging to a railway administration clause 93', lays down that a railway administration shall not be' responaible for aoy destruction, deterioration or damage of goods carried in open or defective vehicles at the request of the consignor clause 94-lay8 down that a railway administration shall not be liable for any 108'8, destruction, etc, for delay or detention in transit for the reuons beyond the control if railway administration or without negligence on its part cl4ve 95 lays down that in case of traffic passing over railways in india and railways in foreign country the railway administration shall not be liable for any loss, destruction, etc, unless such loss has taken place over the railways of the railway administration clause 96 absolves a railway administration from responsibility in the absence of negligence or misconduct on its part for any loss, destruction, etc, of the consignment carried at owner's risk rate clguse !y1 provides for the responsibility of railways in c8'ses of consignments which are in defective condition or are defectively packed clau8e 98 lays down the nature of responsibility of railway administration after termination of transit clause 99 deals with the responsibility of the railway admini$tl'atlon for any loss, destruction, etc, of luggage clau8e 100 absolves the railway administration of its responsibility fur any loss, destruction or injury to aj;limal arising from freight or restiveness of the animal or from overloading of wagon by the consignor clause 101 provides for exoneration from liability of railway administration in cases specified therein clause 102 lays down the extent of monetary liability of the railways in respect of loss, destruction, damage, etc, of a con$ignment clause 103 provides for examination by railway administration of "oods of which value has been declared clause 104 provides the railway administration to which and the period within which the notice of claim for compensation or refund of overcharge _ shau be given for lobs' destruction, etc, of the goods carriecs by railway or for overcharges cia,," 105 lays down the railway administration against whom and the court where suit for damages, etc of goods may be filed ezaue 106 absolves the railway adiwnistration of its relponsibilities and bar suit against it in cases the claim has been paid to a person on production of railway receipt clause 107 lays down the railway administration against whioh and the court where the' suit for loss of life or persona] injury of a ih'ssenger may be filed clause 108 provides that burden of proof regarding monetary losi in suits for compensation ,for any loss, destruction, etc, lies on the person claiming compensation clause 109 deals with the liability of a railway administration in respect of accidents at sea clause 110 empowers the central government to make rules to carry out the parposes of chapter xi the matters in respect of which the rules shall be made by the central government are enumerated in subclause (2) ctausc 111-sub-clause (1) imposes an obligation on the station master or the railway $erv~mt in charge of the section where any railway accident takes place to give n notice of such accident to the district magistrate, superintendent of police, etc sub-clause (2) imposes all obligation on the railway administration to give a notice of such accident to the state government and the commissioner clause 112 empowers the commissioner to hold inquiry into any railway accident resulting in the loss of human life or grievous hurt to a passenger or serious damage to railway property clause 113 provides that in cases where the commissioner does not hold an inquiry under clause 112 the same may be held by the railway administration cl'ause 114 empowen; the commissioner with the powers of the civil court under the code of civil procedure, 1908 in respect of the matters enumerated therein clause 115 protects the person against civil or criminal -proceedings in respect of any evidence given by him in an inquiry before the commissioner clause 116 deals with the notice of the inquiry the procedure to be followed and the preparation of the report clause 117 provides that no inquiry or investigation to be made if the commissioner of inquiry is appointed under the commission of inquiry act, 1952 to inquire into any accident, etc clause 118 provides for an inquiry by the railway administration in ar:cidents other than those mentioned in clause 111 clause 119 imposes an obligation on the railway administration to send a return of accidents to the central government clause 120 empowers the central government to make rules to carry out the purposes of chapter xii the matters in respect of which rules shall be made by the central government are enumerated in detail in ~b-clause (2) of this clause clause 121 deals with the various words and expressichls used in chapter xiii clause 122 provides for the extent of liability of the r8ilway adminis tration in case of death or injury to a passenger or damage to his good in an accidedt 'j ~  (:'atl,~e 123 provides for the appointment of claims commissioners clause 124 lays down the persons who can make an application for :ompcnsation under clause 122 and the time limit within which such applic,ltion may be made clause 125 provides for giving interim relief by railway administration in case of accidents, clause 126 provides for the procedure to be fo~lowed and powers to be exercised by the claims commissioner clause 127 empowers the claims commissioner to decide the question as to the liability of the railway administration to pay compensation a'!1d the amount thereof and the person entitled to receive the same clause 128 lays down the procedure to be followed and compensation to be paid by the claims commissioner in case of death of a passenger bi an accident clause 129 provides for direction by the claims commissioner for medical examination of persons injured in an accident clause 130 provides for the manner in which the rates of compensation payable in respect of injury, compensation for any loss of goods shall be determined by the claims commissioner cla~ 131 imposes an obligation on rahway administration to deposit the amount of compensation with the claims commissioner and payment thereof by the claims commissioner to the claimants clause 132 provides for an appeal to the high court against the order of the claims commissioner and the limitation therefor and the finality of the order of the claims commissioner clause 133 saves the right of a person to claim compensation recoverable under any other law clause 134 empowers the central government to make rules for carrying out the purposes of chapter xiii the matters in respect of which rules shall be made by the central government are enumerated in detail in sub-clause (2) of this clause clause 135 deals with the deftnition of certain expressions used in chapter xiv • , "" '1~~ clause 136 provides that this chapter shall not apply to a railway servant to whom the factories act, 1948 or the mines act, 1952 or the merchant shipping act 1958 applies clauses 137 and 138 provide for limitation of hours of work and periodical rest for various categories of railway servants t1ause 139 lays down that a railway servant shall remain on duty  until he is rel\eved  0 ', '~~  ·1  ~"r~'vlltll»"" ",pi"   clouse 140 deals with the appointment of the stp, " ' ' " labour and their duties clause 141 empowers the central government to make rules for carrying out the purposes of chapter xiv the matters in respect of which rules are to be made by the central government are' en\1merqt~'d in st~b-~l~usc (2) clause 142 provides for punishment for travelling or attempting to travel fraudulently without a pass or ticket clause 143 provides for levy of excess charge and fare for travelling proper pass or ticket or beyond authorised distances and for punishment in case of refusal qr failure to pay fare and excess charge clause 144 empowers the railway servant to remove persons from railway on failure or refusal to pay fare and excess charge {,1ause 145 provides for execution of bond for good behaviour in cases mentioned therein clause 146 provides for punishment for interfering with means of communication in a train , clause 147 provides for penalty for unauthorised sale or transfer of ticket clause 148 provides for penalty for unauthorised carrying on of bustne" of procuring and supply of railway tickets clause 149 prohibits unauthorised hawking and begging on railway an,d puuishment ·therefor clause 150 provides for punishment for drunke1ness or nuisance on :1 railway ' clause 151 provides for punishment for obstruction of railway servant whue -on duty clause 152 provides for punishment for trespass upon a railway ,clcwaeb 153 and 154 respectively provide for punishment for making false claijxi in case of injury or death of passenger or loss, damage, etc, of goods ,clii-uses 155 and 156 respectively provide for punishment for maliciously wrecking or attempting to wreck a train or for causing any damage or destruction of railway property clause 157 provides for punishment for maliciously hurting or attempting to hurt persons travelling by railway clauses 158 and 159 resp~ctive~y provide for punishment for endangering safety of persons travelling by railway by wilful act or omission or negligent act or omission clause 160 provides for punishment cl,lf a person for refusing to leave a reserved compartment in which no berth or seat is reserved for him or for resisting lawful entry into a reserved compartment clauses 161 and 162 respectively provide for punishment for entering a carriage in motion and trqvelling on roof, steps or engine of a train clause 163 provide~ for punishment for altering or defacing a pass or ticket ,  {'14use 164 provides for punishment for contravention, of any provision of chapter xlv or rules made thereunder clause 165 provides for punishment for driver or conductor of any vehicle on the premises of n railway for disobeying directions given by the railway servant clause 166 provides for punirhment for a person opening or brf'aklng , lovel crossing gate clause 167 lays down the punishment for eattle·trespass clause 168 lays dnwn the punishment "for any person negligently driving or leading a vehicle cleross an unmanned level crossing clause 169 provides for punishment for entering a carriage or other place reserved for females clause 170 lays down punishment for any pel'!llon furnishing' 'fm account of goods on requisition by railway servant clauses 171 and 172 respectively provide for punishme'ntfor unlarwfully bringing da'n,gerous and offe·nsive goods on a railway clause 173 provides for punishment for defacing public notices on raflway clause 174 prohibits smoking in a train when obje'cied to by a~ passenger and provides punishment therefor clau'8e 175 provides for ,pu,nishmentfor travelling on a railway' by person suffering from infectious or contagious disease in conlraventioll of the provisions of this bill clauosle 176 provides execution of bong for good conduct by the guardian of a persen under the age of twelve years in cases 'of offenees mentioned therein clauses 177, 178 and 179 provide for levy of penalty on lltltl-gowrnment railways, mode of recovery at the penalty and that l~ ol·~ shall not preclude the central government from '~so'l'ting to any 6th@' action against such railway" clause 180 provides for pllnishment for a railway servant for dtwlk~  ness on duty clause 181 provides for punishment for a railway servant on duty' for ahandoriing train without authority clause 182 provides for punishment for a'llypeiwn includtng a rail· way servant for causing obstruction to tl'ains clause 183 provides for punishment for railway servants on duty for endangering the safety of any person travelling on a railway craue 184 lays down the punishment for a railway servant unneee  sarily obstructing level crossing ctawe 185 provides for plinishment for a railway servant fumisblllg false returns clause 186 provides for punishment for a railway servant for maldng a false report in claims enquiry clause 187 provides for punishment for' a railway servant allowing persons suffering from infectious or contagious disease to travel without making arrangements culuse 188 provides for punirhment for a railway servant omitting to give notice of accident ' clouse 189 provides for :\l'rest of a person without warrant fof the offences mentioned therein clgube 190 provides for ppwer of arrest of person likely to abscond or not givipg correct name or address clauses 191 and 192 respectively provide for the court for trying the offences and the place of trial clause 193 empowers the railway administration to provide or maintain any mode of transport for the purposes mentioned therein clause 194 provi~ for an exemption to the railway administration from the payment of tax to any local authority unless directed by the central government ('lause 195 provides for exemption to the railway administration from the payment of tax to any local authority in respect of advertisement made on any p~rt of the railway unless directed by the central government clause 196 provides that no civil court shall entertain any suit on proceeding for anything done or action taken or omission made by the central government or by the railway administration clause 197 provides that no suit, prosecution or other legal proceedings shall lie against the central government, railway administration, railway servant or any other person for anything done in good faith or intended to be done in pursuance of this bill clause 198 provides for restril!ttion on attachment of rolling stock, machinery, plant, tools, etc, for the purposes of traffic on a railway in execution of any decree clause 199 lays down that the railway servants shall be deemed to be public servants for the purposes of chapter ix and section 409 of the indian penal code, 1860 clause 200 provides that no railway servant can purchase or bid for any property put to auction by the railway or engage in any trade clause 201 provides for the procedure to be followed by a railway servant for delivery of property detained by him to railway administration clause 202 provides that entries in the records or other documents of the railway administration shall be admitted in evidence and the method of their proof clauses 203 and 204 provide for the manner of service of notice on the railway administration and by the railway administration respectively clause 205 provides that where a notice, etc, is served by post it shall be deemed to have been served if it was properly addressed and registered clause 206 provides for representation of railway administration in proceedings before civil, criminal and other courts clause 207 empowers the central government to exempt any railway' from all or any provisions of this· bill clause 208 provides for the matters supplemental to the definition of railway and· railway servant clause 209 empowers the central government to make rules generally to carry out the purposes of this bill clause 210 provides that any rule and regulation made under this bill shall be laid before both houses of parliament clause 211 seeks to repeal the indian railways act, 1890 and saves any action taken under the repealed act the bill seeks to repeal and re-enact the indian railways act, 1890 tm; ~iij q~" n()t provide for the constitutioq of any new authority nor does it include any new provisions whi~h would involve additional expenditure from the consolidated fund of india the expenses on the administration of the government railways are separately voted by parliament and not by virtue of the provisions of the railways act the provisions of the bill, if enacted and· brought into operation, would not, therefore, involve any expenditure from the consolidated fund of india cla!lse 27 of the bill empowers the central government to make :r~e6 to carry out the purpq~~s, of cl\"t~i ~ ~~~ ,o~ning of rajlways, the rules to be made, inlter alia, reblte to the duties of rau-way administration and the commissioner in regard to the opening of a railwa f for the public carriab'e of passengers, arrangements to be made and the formalities to be complied with before opening a railway for the public c'lrriage of passengers, the cases in which and the extent to which the procedures prescribed in this chapter may be dispensed with clalose 46 of the bill confers powers on the railway rates tribunal to make, with the previous approval of the central government, regulations consistent with the bill and the rules generally the tribunal under tl-is clause may make regulations relating to the procedure for the effective discharge of its {ullctions, the award of costs, the reference of any question to a member or an officer of the tribunal or any other person tor rfport after holding a local inquiry, the right of audience before the tribunal, the disposal of any proceedings before it and the scale of fees for and in connection with the proceedings before +h", tribunal clause 58 of the bill empowers the central government to make rule~ to carry out the purposes of chapter viii the matters in respect of which such rules may be made, inter alia, include reservation of seats or berths in trains, the amount of refund for cancellation of a ticket, the circumstances under which change of names of passengers having reserved seats or berths may be permitted, the carriage of luggage and the conditions for keeping luggage in the cloak rooms, the diseases which are infectious or contagious, conditions subject to which p8ssedgers suffering from infectious or contagious diseases rlay be carried in any train clause 85 of tbe bill confers powers on the central government to make rules for carrying out the purposes of chapter ix relating to carriage of gf)ods the matters in respect of which rules may be made, inter aua, relate to, the infectious or contagious diseases, the dangerous or often~,ive goods, rates of penalty charges for overloadin'g, the charges paya,?le for weighment, the manner of delivering a consignment without railway receipt, the rnannet of delivery of consignment or its sale proceeris to the person entitled thereto, the giving of open delivery and partial delivery certificate and the manner of sale of cons~gnment or part thereof, cis use ~o empowers the central government to make rules for the purposes of chapter x relating to goods booked to notified stations the matters in respect of which rules may be made relate to the factors to which the central government shall have regard under clause (e) of the  first proviso of aub-section (1) of section 87, the fonn and the mann~ in which an application be made under sub-section (2) of section 87, the form in which the statement is required to be exhibited under subsection (3) of section 87, the manner in which the days of public auction may be notified and the manner of crediting to the railway administration the price of goods referred to in sub-clause (iii) of clause (a) of the proviso to sub-trectlon (3) of section 88 clause 110 empowers the central government to make rules fof carrying out the purposes of chapter xi relating to the responsibility of the rail way administration as carriers the matters in respect of which rules may be made relate to the manner of packing of goods entrusted to railway administration, the goods for the purpose of sub~use (3) of section 98 and the amount on the gross weight of the consignment payable by the railway administration for the loss, destruction, etc, of any consignment clause 120 of the bill confers powers on the central government to make rules to carry out the purposes of chapter xii relating to accidents the matters in respect of which rules may be made, inter czlia, relate to the injury to property which may be considered serious, the forms of notice and the particulars of the accident, the manner of signing the notices, the duties of the commissioner of railway safety, railway administration, railway servant, police officer and magistrate on the occurrence of an accident, the nature of inquiry to be made into the causes of accident, etc clause 134 of the bill confers powers on the central government to make rules to ('arry out the purposes of chapter xiii relating to liability of railway administration for death and injury to passenger due to accident the matters in respect of which such rules may be made relate to remuneration and allowances to be paid to the claims commissioner, compensation payable for death, the nature of injuries for which compensation may be paid and the amount of such compensation, the manner in which claims for compensation may be inquired into and determined by the claims commissioner, the matters in respect of which persons may be chosen to assist the claims commissioner under subsection (4) of section 126 and the functions of such persons clause 141 of the bill confers powers on the central government to make rules for the purpose of chapter xiv relating to regulation of hours of work and periods of rest the matters in respect of which the rules may be made in this chapter relate, inter alia, to the authorities who may deelsre the employment of any railway servant as essentially intermittent or intensive, the appeals against such declaration, the category of staff that may be specified under sub-clauses (iv) , (v) and (vi) o! clause (c) of section 135 the authorities by whom exemptions under sub-section (3) of section 138 may be made, the railway servants or classes of railway servants to whom clause (ii) of sub-section (2) of section 133 apply and the periods of rest to be granted to them and the payment of sup~rvisors of railway labour and their functions clause 210 of the bill confers powers on the central government to make -rules generally to carty out the purposes of the bill as the matters in respect of which rules ~nd regulations under the aforesaid provisions are sought to be made are matters of procedure ,ar detail or matters in respect of which it is not practicable to make express provision in the legislation itself the delegation of legislative power 19 of a norm!!l character  a billto consolidate and amend the law relating to railways (shri madhawcw sindia, miister of state in tbe department of rail1dgt/8) 