The Railways Act, 1890

( ACT NO. IX Of 1890 )

1An Act to consolidate, amend and add to the law relating to the Railway.

 
WHEREAS it is expedient to consolidate, amend and add to the law relating to the railway; It is hereby enacted as follows:-
 
 
 

CONTENTS

SECTIONS

1. Title, extent and commencement

2. [Repealed]

3. Definitions

4. Appointment and duties of Inspectors

5. Powers of Inspectors

6. Facilities to be afforded to Inspectors

7. Authority of railway administrations to execute all necessary works

8. Alteration of pipes, wires and drains

8A. Protection for Government property

9. Temporary entry upon land for repairing or preventing accident

10. Payment of compensation for damage caused by lawful exercise of powers under the foregoing provisions of this Chapter

11. Accommodation works

12. Power for owner-occupier orlocal authority to cause additional accommodation works to be made

13. Fences, screens, gates and bars

14. Over and under bridges

15. Removal of trees dangerous to or obstructing the working of the railway

16. Right to use locomotives

17. Notice of intended opening of the railway

18. Sanction of the government a condition precedent to the opening of the railway

19. Procedure in sanctioning the opening of the railway

20. Application of the provisions of the three last foregoing sections to material alterations of the railway

21. Exceptional provision

22. Power to make rules with respect to the opening of railways

23. Power to close an opened railway

24. Re-opening of a closed railway

25. Delegation of powers under this Chapter to Inspectors

26- 40. [Repealed]

41. Bar of jurisdiction of ordinary Courts in certain matters

42. Duty of railway administrations to arrange for receiving and forwarding traffic without unreasonable delay and without partiality

42A. Prohibition of undue preference

42B. Powers of the Government to fix maximum and minimum rates

43. Undue preference in case of unequal rates for like traffic for services

44. Provision for facilities and equal treatment where ships or boats are used which are not parts of the railway

45. Terminals

46. Power of Government to fix terminals

46A. Decisions in accordance with this Chapter shall be binding

46B. [Omitted]

General

47. General rules

48.-51A. [Omitted]

52. Returns

Carriage of Property

53. Maximum load for wagons

54. Power for railway administrations to impose conditions for working traffic

55. Lien for rates, terminals and other charges

56. Disposal of unclaimed things on the railway

57. Power for the railway administrations to require indemnity on delivery of goods in certain cases

58. Requisitions for written accounts of description of goods

59. Dangerous or offensive goods

60. Exhibition to the public of authority for quoted rates

61. Requisitions on the railway administrations for details of gross charges

Carriage of Passengers

62. Communication between passengers and the railwayservants in charge of trains

63. Maximum number of passengers for each compartment

64. Reservation of Compartments for females

65. Exhibition of time-tables and tables of fares at stations

66. Supply of tickets on payment of fares

67. Provision for case in which tickets have been issued for trains not having room available for additional passengers

68. Prohibition against travelling without pass or ticket

69. Exhibition and surrender of passes and tickets

70. Return and season tickets

71. Power to refuse to carry persons suffering from infectious or contagious disorder

71A. Definitions

71B. [Omitted]

71C. Limitation of hours of work

71D. Grant of periodical rest

71E. Power to make rules

71F. Railway servant to remain on duty

71G. Supervisors of Railway Labour

71H. Penalty

72. Measure of the general responsibility of the railway administration as a carrier of animals and goods

73. Further provision with respect to the liability of the railway administration as a carrier of animals

74. Further provision with respect to the liability of the railway administration as a carrier of luggage

75. Further provision with respect to the liability of the railway administration as a carrier of articles of special value

76. Burden of proof in suits in respect of loss of animals or goods

77. Notification of claims to refunds of overcharges and to compensation for losses

78. Exoneration from responsibility in case of goods falsely described

79. Settlement of compensation for injuries to officers, soldiers, airmen and followers on duty

80. Suits for compensation for injury to through-booked traffic

81. [Repealed]

82. Limitation of liability of the railway administration in respect of accidents at sea

82A. Liability of the Railway Administration in respect of accidents to trains carrying passengers

83. Report of the railway accidents

84. Power to make rules regarding notices of and inquiries into accidents

85. Submission of return of accidents

86. Provision for compulsory medical examination of person injured in the railway accident

Forfeitures by the Railway Companies

87-98. [Omitted]

Offences by the Railway Servants

99. Breach of duty imposed by section 60

100. Drunkenness

101. Endangering the safety of persons

102. Compelling passengers to enter carriages already full

103. Omission to give notice of accident

104. Obstructing level-crossings

105. False returns

Other offences

106. Giving false account of goods

107. Unlawfully bringing dangerous or offensive goods upon the railway

108. Needlessly interfering with means of communication in a train

108A. Alighting from a train at a place not fixed for the purpose

109. Entering compartment reserved or already full or resisting entry into a compartment not full

110. Smoking

111. Defacing public notices

112. Fraudulently travelling or attempting to travel without proper pass or ticket

113. Travelling without pass or ticket or with insufficient pass or ticket of beyond authorised distance

113A. Power to remove persons from the railway carriage

114. Transferring any half of return ticket

115. Disposal of fines under the two last foregoing sections

116. Altering or defacing pass or ticket

117. Being or suffering person to travel on railway with infectious or contagious disorder

118. Entering carriage in motion, or otherwise improperly travelling on the railway

119. Entering carriage or other place reserved for females

120. Drunkenness or nuisance on the railway

121. Obstructing railway servant in his duty

122. Trespass and refusal to desist from trespass

123. Disobedience of omnibus drivers to directions of the railway servants

124. Opening or not properly shutting gates

125. Cattle-trespass

126. Maliciously wrecking or attempting to wreck a train

127. Maliciously hurting or attempting to hurt persons travelling by the railway

128. Endangering safety of persons travelling by the railway by wilful act or omission

129. Endangering safety or persons travelling by the railway by rash or negligent act or omission

130. Special provision with respect to the commission by children of acts endangering safety of persons travelling by the railway

Procedure

130A. Power to detain and search in cases of suspected theft

131. Arrest for offences against certain sections

132. Arrest of persons likely to abscond or unknown

133. Magistrates having jurisdiction under Act

134. Place of trial

135. Taxation of railways by local authorities

136. Restriction on execution against the railway property

137. The railway servants to be public servants for the purposes of Chapter IX of the Penal Code

138. Procedure for summary delivery to the railway administration of property detained by the railway servant

139. [Repealed]

140. Service of notices on the railway administrations

141. Service of notices by the railway administrations

142. Presumption where notice is served by post

143. Provisions with respect to rules

144. [Omitted]

145. Representation of Managers and Agents of the Railways in Courts

146. [Omitted]

147. Power to exempt the railway from the operation of the provisions of the Act

148. Matters supplemental to the definitions of “the railway” and “the railway servant”

149. [Repealed]

150. [Repealed]

Schedule

SCHEDULE