 am no rr of 1"0 tim indian railways (amendment) bill, 1970 a billfurther to amend 'the indian railways act, 1890 be it enacted by parliament in the twenty-ftrst year of the republic of india 81 follows:-1 this act may be called the indian railway (amendment) act, short 1970 title | 'u8do                     | 5                ||-----------------------------|------------------|| z                          |                  || (j)                         |                  || in                          |                  || section                     |                  || 47                          |                  || of the indian railways act, |                  || 1890                        |                  || (hereinafter                |                  || ameud-                      |                  || referred to                 |                  || as                          |                  || the principal               | act),-           || ment of                     |                  || section                     |                  || (a)                         |                  || in                          | sub-section      || (1)                        |                  || after clause                |                  || (b)                        |                  || the                         | following clause || 41                         |                  || ihad                        |                  || be                          |                  || inserted,                   | namely:-         |"(bb) for the cancellation of tickets (whether with reserva-10 tion of accommodation or not), the circumstances under which, and the time-limit within which, such ca:nleellatton may be allowed and the charges payable therefor;"; (b) in sub-section (2), for the words "ftfty rupees", the wo'l'ds "one hundred and ftfty rupees" shall be substituted 15 (2) all charges levied and codected, or purported to have been levied and collected under the princlpal act for caocqllation of tickets (whether with reservation of accommodation or not) at any tijne before the commencement of this act, shall be deemed to have been validly levied and collected in 'accordance with law and accordingly no suit or other pro-30 eeeding &ban be main~ ~ nr ~\u't for the refund of any iu~ cbarcea· 3 in section 82c of the principal act,-(a) after sub-5ection (2), the following subsection shall be inserted, namely:-amendmental section 82c "(2a) if an applicant desires to be paid interim relief under section 82hh, he may send to the railway administration a copy s of the application made under sub-section (1) with a request for payment of such i~terim relief"; (b) in the explanation, after the words "in this section", the words, figures and letters "and section 82hh" shall be inserted 4: in section 82e of the principal act, in the proviso to sub-section 10 (1),-amendmentot section 821: (a) in clause (ii), the word "and" shall be omitted; (b) for clause (iii), the following clauses shall be substituted, namely:-"(iii) the payment by way of interim relief, if any, made to is the applicant by the railway administration under section 82hb is not aqequate; and (iv) the amount of compensation directed to be paid udder this setti01'l together with the payment by way of illterim relief, if any, made under section 82hh is not likely to exceed the 20 actual amount of compensation that may ultimately become payable" 5 after section 82h of the principal act, the following section $hall be inserted, namely:-insertion ot new section 82hh interim reliet11y railway adm\hbrtration "8zbb (1) where on receipt of an application under sub-secftod 2s (2a) of section 82c and after making such enquiry as it may deem fit, the railway qdmlnistration is satisfted that cil'eumstances e~t which require relief to be afforded to an appueantfor c'ompensatioll iwme4imety it may, penclibc determination of the actual amount of compensation payable under section 82a, pay to aay penon wjao has 30 sutained injury or suffered any loss, or where death has resulted &oat ttte 8'eclclent, to any dependant of the deceased, such flum as it cemdders reasonable for affording sudt relief, 'sit, ho\\'evel', that the slim pan l!iiball bot exceed the amount of compmsation payable at the rates prescribea antler the rules made tmder sedloa8zl 3s (2) 'l'he railway atbllinistratioo shau, as soon as milo' be, after making an or"nwwdbac pa,rldeltt of interim relief udder subsection (1), send a copy thereof to the claims commissioner (3) ally lum paid by the railway administration under subsedien (1) shall be taken into account by the claims commili&loher 40 while deteaninidgthe amount of compensation payable" t in section 821 of the pri1'1eipal act, for thefigurea and lettet "8ih" t the figures and letters "82hh" shall be substituted t la,  ~n 1~ qt tb9 prinaipal act, the fouowijlg l)i'ovijo shall be inserted at the end, na~ly:-amdelmentot aeetiod 108 "provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgmejlt of the court wbere 5 a passenger, without reasonable and sufficient cause, makes use ot the alarm chain provided by a railway administration, he shall be punished-(a) in the cue of conviction for a fint ofted08, with ftne ",bulh !the!!: not be less than twenty-fiye rupees; end 10 (b) in the case of conviction for a second or subseq,uent offence, with imprisonment fer a term which shall not ~ less than one month" 8 in section 118 of the principal act,-amend mentol sec:tlon 118 «(i) in sub-section (1), for the words "with ftde walch may extend to twenty rupees", the words "with imp~ent for a term whiah may extend to one month, or with fine which may extend to fifty rupees, or with both" shall be substituted; (b) in sub-section (2), for the worda "with fine which mayextend to fifty rupees", the words "with unpri&olunent for a tej1n which 20 may extend to three months, or with fine which may extend to one hundred and fifty rupees, or with both" shall be 8ubstitu~ 9 in section 122 of the principal act,-amend mentol lection 122 (!i) in sub-section (1), for the words "with ftne which may extend to twenty rupees", the wollds "with i~risql1mel1t for term wbich may ~tend to one month or with fine which nut)' exwad to fifty rupeea, oj: with both" shall be substituted; (b) in sub-section (2), for the worda "with 1me wb1cb may extmd to fifty rupees", the warda "with unp~~t far a temi which may extend to three monthi of with tine which ix1q' e~teqcl, to one hundred and fifty rupees, or with both" shall be substituted 30 10 section 126 of the principal act shall be re-~umbered -s sub- ~ 35 section (1)· thereof, andm_at aecttoa (a) in sub-section (1) as so re-numbered, for the words uu a 128 person unlawfully-", the wards, brackets and figure "subject to the provisions of sub-section (2), if a person unlawfully-" shall be substituted; (b) after sub-section (1) as so re-numbered, the followlng subsection shall be inserted, namely:-"(2) if a person unlawfully does any act or thing referred to in clause (a) or clause (b) or clause (c) or clause (d) or clause (e) of sub-section (1),-(i) with intent to cause the death of any person and the doing of such act or thing causes the death of any person; or (ii) with knowledge that such act or thing is 80 imminently dangerous that it must in all probability cause the death of any perton or such bodily injury to ar1 panoa  is likely to cause the death of luch penon, he shall be punished with death" 11 after section 126 of the principal act, the followini section ahall be inserted, namely:-s lnsertion of new ection 126a damage to, or deauuction of certain railway propertiel "126a (1) whoever, with intent to cause or knowing that he is likely to cause damage or destruction to any of the properties of a railway referred to in sub-section (2) causes by fire, explosive substance or otherwise, damage to such property to the amount of one hundred rupees or upwards, or destruction of such property, shall 10 be punished with imprisonment for a term which may extend to ten years (2) the properties of a railway referred to in sub-section (1) are railway track, bridges, station buildings and installations, carriages or wagons, locomotives, signalling, telecommunication, electric is traction and block equipments and such other properties as the central government, being of opinion that damage thereto or destruction thereof is likely to endanger the operation of a railway, may, by notification in the official gazette, specify (3) every notification issued under sub-section (2) shall be 20 laid before each house of parliament immediately after it is made if it is in session  and on the first day of the commencement of the next session of the house if it is not in session, and shall cease to operate at the expiration of forty days from the date of its being so laid or from the re-assembly of parliament, as the case may be, unless 25 before the expiration of that period a resolution approving the issue at the notification is passed by both houses of parliament explanatian-where the houses of parliament are summoned to re-assemble on diflerent dates, the period of forty days shall be reckoned from the later of those dates" 30 12 in section 131 of the principal' act, in sub-section (1), after the figures "126,", the figures and letter "126a," shall be inserted amendmento! section 111 it has been found that the indian railways act has no provision au thorising recovery of cancellation charges when reservations made for rail journeys are cancelled or tickets are otherwise returned for cancellation without being used such a provision autho'rising recovery ot cancellation charges is essential particularly to curb speculative reservations which cauae inconvenience to the general public in fact, the recovery of such cancellation charges is already provided for in the rules tramed by the railways, but in the absence of an enabling provision in this behalf in the act, it is doubtful whether such rules could validly be made thia lacuna is proposed to be removed by a suitable amendment of section 47 of the act with a further provision for validating all past recoveriel of cancellation charges 2 it is also considered necessary to amend sections 82c, 82e, 82h and 821 of the act to secure prompt relief in the shape of interim payment of compensation in cases of accidents to trains carrying passeng!rs this interim payment will, of course, be taken into consideration by the claijdi commissioners in making the final setuement of compensation 3 it has further been noticed that the penal provisions for offences covered under sections 47, 108, 118, 122 and 126 relating to carrying inflammable articles in trains, unjustified pulling of alarm chain, for entraining or detraining in unauthorised places, for trespass and for tampering with railway track and wilful wrecking of trains, are not sufftciently deterrent these types of offences being quite heavy on the railwayi, the penal provisions are sought to be made more stringent by suitably amending those sections 4 lastly, it has been found that there is no provision in the act to cover cases of wanton destruction of railway property and installatiodl a new section 12m is, therefore, proposed to be inserted to cover iuch cues 5 the bill seeks to give eftect to the above objects niiw d&m:; g l nanda the lit march, lq~  president's recommendation under article 117 of thb constitution of india[copy of letter no 67-tgivii036120ipt, dated the 3rd march, lq70 from shri guizari la! nanda, minister of railways to the secretary, lok: sabha] the president having been informed ot the subject matter of the bill further to amend the indian railways act, 1890, recommends the introduction of the bill under article 117 (1) and its consideration under article 117 (3) of the constitution cjp,wlhl 5, qf tm 2ill ~ to msert a witw $ection a2hh ptqvidtng for ~~ of ~m fftlief 'qy the raijw~y admipiatra,tiol)lf to the cwm-' tr1: cqmplt~ijqn which would b,e ~n bltoe~iclel'lltion 'by the ~s,cq~omr4 in awarding the final cqjllp~on, the pfojiulon wijl ~t, tpar-efore, involve any additiojl81 expenditure to gqv:enuneat 'ph expenditure involved in'the payment at interim relief in a particular year· win depend upon the number of accidcmts· to train canwymg peaengers in that year and the l'lumber of passengers killed or 'thciee- sustaining'injuries 'fhe number of such' aeeidents 8fld ~e total amouj:lt of eompensatiol't pa1d on indian railways during the tbi'ee' years fro  1966-67 to lte8-89 was as under:---------- ,,----~~~-"'"'"?'--total no of aoci4enu total amount rs 1~-67 22,72,936 lil67-68 9m~~47 ul6869, a,s~~8 , ~'ai ~~, o,f ~ various w~ty me8i\u'es which are being adop~d by ~, ~'¥"', ~aver$geetu11lalexpenditure involved in pa~ent of'interim relief to passengers in a year may not e~ceed the average yearly eom,p9nsation paid by the claims commissioners during the last three years 'l;imi biu  ~ inv;olve any llon-~ioge'xpendtture clause 2 of the bill seeks toamendaection 47 of the indian rauwa)'l act 1890, inter aua for empowering the central government to make rules for the cancellation of tickets (whether with reservation of accommodation or not), the circwnstfmces under which and the time limit within which such cancellation may be allowed and the charges payable therefor in fact, the recovery of such cancellation charges is already provided for in the rules framed by the railways, but in the absence of enabling provision in that behalf in the act, it is doubtful whether such rules could validly be made the amendment proposed is intended to remove any doubt in that behalf mol'eover, the matters for which the central government is being empowered to make rules are matters of detail and the delegation of legislative power is of normal charat'ter 2 clause 11 of the bill seeks to insert a new section 1261\ 1ft the act for the purpose of punishing persons causing damage to or _~oil of certain railway properties the various' railway pl'o'pertielto w'hi~ the new section will apply are specified in sub-section (2) of the baid section 126a as it is not possible to enumerate all sttch propertift power has been taken by the central governmetrt to speclf1, by ngttfteahon in the official gazette, other railway properties the damage to whidlor dostruction whereof is, in the opinion of the central government, lijdely to -endanger the operation of railways prbvtatoft hn 'been made in sub-section (3) of the new section 126a for lay!ng before 'plt uametrt e\feil"yllloh "otitication iblued by the central government in the lame way as rules made under enactment are laid before paruament 3 under die 'cirewnftlac8l, 1be delojatian of lesialative power is of normal character  annexure extracts nom thb indian railways act, 1890- - -  (9 01' 1890) - • chapter vi working of railwaysgenetal 47 (1) - - - - - general rui  (2) the rules may provide that any person committing a breach of any of them shall be punished with fine which may extend to any sum not exceeding fifty rupees, and that, in the case of a rule made under clause (e) of sub-section (1), the railway servant shall forfeit a sum not exceeding one month's pay, which sum may be deducted by the railway ad· ministration from his pay  - - - - - 82c (1) an application for compensation under section 82a ariu out of any accident of the nature specified therein may be mad&-application for compen-•• tlon (4) by the person who has sustained the injury or suftered any loss, or ' (b) by any agent duly authorised by such penon in this behalf, or (c) where such person is a minor, by his guardian, and (d) where death has resulted from the accident, by any depen dant of the deceased (2) no application for compensation under this section shall be enter· tained 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 occurrence (3) if in an application for compensation under this section, any person makes a statement which is false and 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 may extend to three years, or with fine, or with both explamtion-in this section, the woro "dependant" has the meaning q~signed to it in clause (d) of section 2 of the workmen's compensauon act, 1923 -  - - - - or rta! 8ze (1) where, in the opinion of the claims conunisatoner drqwipst - ancea exist which require relief to be afforded to an appllcant for com -  t1ca _mec;liately, 118 jaily  dina ~j_ of tile actual amount of compensation payable, direct the "away di  un to deposit with him forthwith such sum as he considers reasonable for a1fordng faeh relief: provided that the claims commiaioner is satisfied, that-(i) no grounds exist far 4ioubuoc the col'c'eocaela of tat facta stated by the applicant; (ii> on the facts 10 stated, if pi'eyed, the whclet wouw be entitled to compensation; and (ui) the amount of compea  dinew to be pllid ~ thj8 lection is not likely to exceed the actual amount of compenation u aq ultimately lmcaat paywe  - - - - bar 01 certain le,al proceed· inp  8zi no suit, prosecution or other legal proceeding shall lie 19aftult -aay  riga for aaytaina in ,004 wthdoae or tntlde41 to be  in -punuadqe of eeti0di 8ia to 82h idelwive or of ~ nue made ·adir :hcugn w - needlessly interfer· i~with meanlof communi - cation in 8 train 108 if a passenger, without reasonable and sufj1cient cause, makes ·use of or interferes with any means provided by a railway administration for gbmmunicatioll betweeb pasbeiillm'i and the railway l8t'vm\ta in charge -of a train, he shall be punished with imprisonment for a teml which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both - - - - - lis (1) if a pasenger enters or leaves, or attempts to enter or lewe, an, cart:lage wme the train 1& in motion, or elsewhere than at the idtte ·of the ea1'i1agt! adjoining the platform or otherplaee appoiltted by tilt· railway admiaistratibft for passen~rs to ehter or leave the carriage, m -opens the side-door of any carriage while the tram is in mottol'l, he ttlftih be punished with tine which may extend to twenty rupees enteru, card  in mckion or ot1mrwile improper ly travel· union a railway (2) if a passenger, after being warned by a railway servant to desist, persists in travelling on the roof, steps or foot-board of any carriage or on an engine, or in any other part of a train not intended for the use of passengers, he shall be punished with fine which may extend to tifty rupees and may be removed from the railway by any railway servant - - - - - uz (1) if a person unlawfully enters upon a railway, he shall be punished with tine which may extend to twenty rupees (2) if a person 80 entering refuses to leave the railway on bein, requested to do 10 by any railway servant, or by any other penon on behalf of the railway admtntatration, he iha11 be punt&hed with ide which may extedd to ftfty rupei8, and may be removed from the nuway by -ch anmt 01' otber penal - - i - - - 'ii  ':ti '  ue if a person unlawfully-(a) puts or throws upon or aeross any railway any wood, stab  or other matter or thing, or malic,k)1,1alywreok inlor attempt inlto wreck train (b) takes up, removes, loosens or displaces any rail, sleeper ~­other matter or thing belonging to any railway, or (c) turns, moves, unlocks or diverts any poidts or other machinery belonging to any railway, or (d) makes or shows, or hides or removes, any signal or ught upon or near to any railway, or (e) does or ca~ to be done or attempts to do any other act orthing in relation to any railway,  with intent, or with knowledge that he is likely, to endanger the safety of any person travelling or being upon the railway, he shall be punished with imprisonment for life or with rigorous imprisonment for a termwhich may extend to ten years: provided that in the absence of special and adequate reasodl to thecontrary to be mentioned in the judgment of the court, where a period'-is punished with rigorous imprisonment, such rigorous imprisonment shall,-(a) in the case of a first conviction, be not less than three years, or (b) in the case of a subsequent conviction, be not less thm seven years  - - - - -  procedurearreatfor oftencel apjnlt certain sectloftl 131 (1) if a person commits any offence mentioned in section 100, 100a, 100b, 101, 108, 112, 119, 120, 121, 126, 127, 128 or 129 of in aection 130, sub-section (1), he may be arrested without warrant or other written authority by any railway servant or police-omcer, or by any other person whom such servant or ofticer may call to his aid - - - - "\" - a bill funher to amend the indian railways act, 1890 