87-98. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

99. If the railway servant whose duty it is to comply with the provisions of section 60 negligently or wilfully omits to comply therewith, he shall be punished with fine which may extend to twenty Taka.

100. If the railway servant is in a state of intoxication while on duty, he shall be punished with fine which may extend to fifty Taka, or, where the improper performance of the duty would be likely to endanger the safety of any person travelling or being upon the railway, with imprisonment for a term which may extend to one year, or with fine, or with both.

101. If the railway servant, when on duty, endangers the safety of any person- (a) by disobeying any general rule made, sanctioned, published and notified under this Act, or (b) by disobeying any rule or order which is not inconsistent with any such general rule, and which such servant was bound by the terms of his employment to obey, and of which he had notice, or (c) by any rash or negligent act or omission, he shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred Taka or with both.

102. If the railway servant compels or attempts to compel, or causes, any passenger to enter a compartment which already contains the maximum number of passengers exhibited therein or thereon under section 63, he shall be punished with fine which may extend to twenty Taka.

103. If a station -master or the railway servant in charge of a section of the railway omits to give such notice of an accident as is required by section 83 and the rules for the time being in force under section 84, he shall be punished with fine which may extend to fifty Taka.

104. If the railway servant unnecessarily- (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 public, he shall be punished with fine which may extend to twenty Taka.

105. If any return which is required by this Act is false in any particular to the knowledge of any person who signs it, that person shall be punished with fine which may extend to five hundred Taka, or with imprisonment which may extend to one year, or with both.

106. If a person requested under section 58 to give an account with respect to any goods gives an account which is materially false, he and, if he is not the owner of the goods, the owner also shall be punished with fine which may extend to ten Taka for every maund or part of a maund of the goods, and the fine shall be in addition to any rate or other charge to which the goods may be liable.

107. If in contravention of section 59 a person takes with him any dangerous or offensive goods upon the railway, or tenders or delivers any such goods for carriage upon the railway, he shall be punished with fine which may extend to five hundred Taka and shall also be responsible for any loss, injury or damage which may be caused by reason of such goods having been so brought upon the railway.

108. (1) If a passenger, without reasonable and sufficient cause, makes use of or interferes with any means provided by the railway administration for communication between passengers and the railway servants in-charge of a train, he shall be punished with a fine which shall not be less than one hundred Taka but not exceeding two hundred Taka or with imprisonment for a period of one month or with both.(2) If an adult passenger of a compartment in which an offence under sub-section (1) has been committed refuses, without reasonable and sufficient cause, to render any assistance, when such assistance is demanded of him, to the railway servant in identifying the passenger guilty of the offence, he shall be punished with fine which shall not be less than fifty Taka and which may extend to one hundred Taka.

¹[108A. If a passenger, having a proper pass or ticket with him or not, without reasonable and sufficient cause, alight from the train which has stopped at a place other than a station or a place appointed by the railway administration for passengers to leave the train and discontinues his journey, he shall be punished with fine which may extend to fifty Taka.]

109. (1) If a passenger, having entered a compartment which is reserved by the railway administration for the use of another passenger, or which already contains the maximum number of passengers exhibited therein or thereon under section 63, refuses to leave it when required to do so by any railway servant, he shall be punished with fine which may extend to twenty Taka.(2) If a passenger resists the lawful entry of another passenger into a compartment not reserved by the railway administration for the use of the passenger resisting or not already containing the maximum number of passengers exhibited therein or thereon under section 63, he shall be punished with fine which may extend to twenty Taka.

110. (1) If a person, without the consent of his fellow-passengers, if any, in the same compartment, smokes in any compartment except a compartment specially provided for the purpose, he shall be punished with fine which may extend to twenty Taka. (2) If any person persists in so smoking after being warned by any railway servant to desist, he may, in addition to incurring the liability mentioned in sub-section (1), be removed by any railway servant from the carriage in which he is travelling.

111. If a person, without authority in this behalf, pulls down or wilfully injures any board or document set up or posted by order of the railway administration on the railway or any rolling-stock, or obliterates or alters any of the letters or figures upon any such board or document, he shall be punished with fine which may extend to fifty Taka.

112. (1) If a person, with intent to defraud the railway administration,- (a) enters or remains in any carriage on the railway in contravention of section 68, or (b) uses or attempts to use a single pass or single ticket which has already been used on a previous journey or, in the case of a return ticket, a half thereof which has already been so used, he shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one hundred Taka in addition to the amount of the single fare for any distance which he may have travelled. The burden of proof that there was no intention to defraud shall lie on the accused. (2) Notwithstanding anything contained in section 65 of the ²[Penal Code], the Court convicting an offender under this section may direct that the offender in default of payment of any fine inflicted by the Court, shall suffer imprisonment for a term which may extend to three months.

113. (1) If a passenger travels in a train without having a proper pass or a proper ticket with him, or, 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 requisition being made therefor under section 69, he shall be liable to pay, on the demand of any railway servant appointed by the railway administration in this behalf, the excess charge hereinafter in this section mentioned, in addition to 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 examined since the original starting of the train, the ordinary single fare from the place where the tickets were examined or, in the case of their having been examined more than once, from the place where the tickets were last examined.(2) If a passenger travels or attempts to travel in or on a carriage, or by a train, of a higher class than that for which he has obtained a pass or purchased a ticket, or travels in or on a carriage beyond the place authorised by his pass or ticket, he shall be liable to pay, on the demand of any railway servant appointed by the railway administration in this behalf, the excess charge hereinafter in this section mentioned, in addition to any difference between any fare paid by him and the fare payable in respect of such journey as he has made.(3) The excess charge referred to in sub-section (1) and sub-section (2) shall be a sum equivalent, to the amount otherwise payable under those sub-sections, or ³[Taka five], whichever is greater:Provided that where the passenger has immediately after incurring the charge and before being detected by the railway servant notified to the railway servant on duty with the train the fact of the charge having been incurred, the excess charge shall be one-sixth of the excess charge otherwise payable calculated to the nearest ⁴[multiple of ten poisha, or Taka one], whichever is greater:Provided further that if the passenger has with him a certificate granted under sub-section (2) of section 68, no excess charge shall be payable.(4) If a passenger liable to pay the excess charge and 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 demand being made therefor under one or other of those sub-sections, as the case may be, any railway servant appointed by the railway administration in this behalf may apply to any or Magistrate of the first or second class for the recovery of the sum payable as if it were a fine, and the Magistrate if satisfied that the sum is payable shall order it to be so recovered, and may order that the person liable for the payment shall in default of payment suffer imprisonment of either description for a term which may extend to one month. Any sum recovered under this sub-section shall, as it is recovered, be paid to the railway administration.

⁵[113A. Any person who, without having obtained the permission of the Railway servant, travels or attempts to travel in a carriage without having a proper pass or ticket with him, or in a carriage of a higher class than that for which he has obtained a pass or purchased a ticket, or in a carriage beyond the place authorised by his pass or ticket, or who being in a carriage fails or refuses to present for examination or to deliver up his pass or ticket immediately on requisition being made therefor under section 69, may be removed from the carriage by any railway servant authorised by the railway administration in this behalf or by any other person whom such railway servant may call to his aid, unless he then and there pays the fare and the excess charge which he is liable to pay under section 113:Provided that nothing in this section shall be deemed to preclude a person removed from a carriage of a higher class from continuing his journey in a carriage of a class for which he holds a pass or ticket:Provided further that women and children, if unaccompanied by male passengers, shall not be so removed except either at the station at which they first enter the train or at a junction or terminal station or station at the headquarters of a civil district and only between the hours of 6 a.m. and 6 p.m.]

114. If a person sells or attempts to sell, or parts or attempts to part with the possession of, any half of a return ticket in order to enable any other person to travel therewith, or purchase such half of a return ticket, he shall be punished with fine which may extend to fifty Taka, and, if the purchaser of such half of a return ticket travels or attempts to travel therewith, he shall be punished with an additional fine which may extend to the amount of the single fare for the journey authorised by the ticket.

115. That portion of any fine imposed under section 112 or the last foregoing section which represents the single fare therein mentioned shall, as the fine is recovered, be paid to the railway administration before any portion of the fine is credited to the Government.

116. If a passenger wilfully alters or defaces his pass or ticket so as to render the date, number or any material portion thereof illegible, he shall be punished with fine which may extend to fifty Taka.

117. (1) If a person suffering from an infectious or contagious disorder enters or travels upon the railway in contravention of section 71, sub-section (2), he, and any person having charge of him upon the railway when he so entered or travelled thereon, shall be punished with fine which may extend to twenty Taka, in addition to the forfeiture of any fare which either of them may have paid, and of any pass or ticket which either of them may have obtained or purchased, and may be removed from the railway by any railway servant.(2) If any such railway servant as is referred to in section 71, sub-section (2), knowing that a person is suffering from any infectious or contagious disorder, wilfully permits the person to travel upon the railway without arranging for his separation from other passengers, he shall be punished with fine which may extend to one hundred Taka.

118. (1) If a passenger enters or leaves, or attempts to enter or leave, any carriage while the train is in motion, or 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 opens the side-door of any carriage while the train is in motion, he shall be punished with fine which may extend to twenty Taka.(2) If a passenger, after being warned by the railway servant to desist, persists in travelling on the roof, steps or footboard 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 fifty Taka and may be removed from the railway by any railway servant.

119. If a male person, knowing a carriage, compartment, room or other place to be reserved by the railway administration for the exclusive use of females, enters the place without lawful excuse, or, having entered it, remains therein after having been desired by any railway servant to leave it, he shall be punished with fine which may extend to one hundred Taka, in addition to the forfeiture of any fare which he may have paid and of any pass or ticket which he may have obtained or purchased, and may be removed from the railway by any railway servant.

120. If a person in any railway carriage or upon any part of the railway- (a) is in a state of intoxication, or (b) commits any nuisance or act of indecency, or uses obscene or abusive language, or (c) wilfully and without lawful excuse interferes with the comfort of any passenger or extinguishes any lamp, he shall be punished with fine which may extend to fifty Taka in addition to the forfeiture of any fare which he may have paid and of any pass or ticket which he may have obtained or purchased, and may be removed from the railway by any railway servant.

121. If a person wilfully obstructs or impedes any railway servant in the discharge of his duty, he shall be punished with fine which may extend to one hundred Taka.

122. (1) If a person unlawfully enters upon the railway, he shall be punished with fine which may extend to twenty Taka. (2) If a person so entering refuses to leave the railway on being requested to do so by any railway servant, or by any other person on behalf of the railway administration, he shall be punished with fine which may extend to fifty Taka, and may be removed from the railway by such servant or other person.

123. If a driver or conductor of a tramcar, omnibus, carriage, or other vehicle while upon the premises of the railway disobeys the reasonable directions of any railway servant or police-officer, he shall be punished with fine which may extend to twenty Taka.

124. In either of the following cases, namely:- (a) if a person knowing or having reason to believe that an engine or train is approaching along the railway, opens any gate set up on either side of the railway across a road, or passes or attempts to pass, or drives or takes, or attempts to drive or take, any animal, vehicle or other thing across the railway, (b) if, in the absence of a gate-keeper, a person omits to shut and fasten such a gate as aforesaid as soon as he and any animal, vehicle or other thing under his charge have passed through the gate, the person shall be punished with fine which may extend to fifty Taka.

125. (1) The owner or person in charge of any cattle straying on the railway provided with fences suitable for the exclusion of cattle shall be punished with fine which may extend to five Taka for each head of cattle, in addition to any amount which may have been recovered or may be recoverable under the Cattle-trespass Act, 1871.(2) If any cattle are wilfully driven, or knowingly permitted to be, on any railway otherwise than for the purpose of lawfully crossing the 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 the cattle shall be punished with fine which may extend to ten Taka for each head of cattle, in addition to any amount which may have been recovered or may be recoverable under the Cattle-trespass Act, 1871.(3) Any fine imposed under this section may, if the Court so directs, be recovered in manner provided by section 25 of the Cattle-trespass Act, 1871.(4) The expression “public road” in section 11 and 26 of the Cattle-trespass Act, 1871, shall be deemed to include the railway, and any railway servant may exercise the powers conferred on officers of police by the former of those sections.(5) The word “cattle” has the same meaning in this section as in the Cattle-trespass Act, 1871.

126. If a person unlawfully- (a) puts or throws upon or across any railway any wood, stone or other matter or thing, or (b) takes up, removes, loosens or displaces any rail, sleeper or other matter or thing belonging to any railway, or (c) turns, moves, unlocks or diverts any points or other machinery belonging to any railway, or (d) makes or shows, or hides, or removes, any signal or light upon or near to any railway, or (e) does or causes to be done or attempts to do any other act or thing in relation to any railway, with intent, or with knowledge that he is likely, to endanger the safety of any person travelling or being upon the railway, he shall be punished with transportation for life or with imprisonment for a term which may extend to ten years.

127. If a person unlawfully throws or causes to fall or strike at, against, into or upon any rolling-stock forming 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-stock or in or upon any other rolling-stock forming part of the same train, he shall be punished with transportation for life or with imprisonment for a term which may extend to ten years.

128. If a person, by any unlawful act or by any wilful omission or neglect, endangers or causes to be endangered the safety of any person travelling 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 punished with imprisonment for a term which may extend to two years.

129. If a person rashly or negligently does any act, or omits to do what he is legally bound to do, and the act or omission is likely to endanger the safety of any person travelling or being upon the railway, he shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

⁶[130A. Notwithstanding anything contained in any law for the time being in force, any railway servant, not being below the rank of Head Watchman, and authorised in this behalf by the railway administration, may detain and search any person who is employed in, or is found in or in the vicinity of any railway workshops, store, depot or other place for the deposit or handling of any property entrusted or belonging to the railway administration, and is suspected of removing such property without authority.]

130.(1) If a minor under the age of twelve years is with respect to any railway guilty of any of the acts or omissions mentioned or referred to in any of the four last foregoing sections, he shall be deemed, notwithstanding anything in section 82 or section 83 of the ⁷[Penal Code], to have committed an offence, and the Court convicting him may, if it thinks fit, direct that the minor, if a male, shall be punished with whipping, or may require the father or guardian of the minor to execute, within such time as the Court may fix, a bond binding himself, in such penalty as the Court directs, to prevent the minor from being again guilty of any of those acts or omissions. (2) The amount of the bond, if forfeited, shall be recoverable by the Court as if it were a fine imposed by itself. (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 punished with fine which may extend to fifty Taka.

131. (1) If a person commits any offence mentioned in section 100,101,119,120,121,126,127,128 or 129 or in section 130, sub-section (1), he may be arrested without warrant or other written authority by any railway servant or police-officer, or by any other person whom such servant or officer may call to his aid.(2) A person so arrested shall, with the least possible delay, be taken before a Magistrate having authority to try him or commit him for trial.

132. (1) If a person commits any offence under this Act, other than an offence mentioned in the last foregoing section, or fails or refuses to pay any excess charge or other sum demanded under section 113, and there is reason to believe that he will abscond or his name and address are unknown, and he refuses on demand to give his name and address, or there is reason to believe that the name or address given by him is incorrect, any railway servant or police-officer, or any other person whom such railway servant or police-officer may call to his aid, may, without warrant or other written authority, arrest him.(2) The person arrested shall be released on his giving bail or, if his true name and address are ascertained, on his executing a bond without sureties for his appearance before a Magistrate when required.(3) If the person cannot give bail and his true name and address are not ascertained, he shall with the least possible delay be taken before the nearest Magistrate having jurisdiction.(4) The provisions of Chapters XXXIX and XLII of the ⁸[Code of Criminal Procedure, 1898,] shall, so far as may be, apply to bail given and bonds executed under this section.

133. No Magistrate other than a Magistrate whose powers are not less than those of a Magistrate of the second class shall try any offence under this Act.

134. (1) Any person committing any offence against this Act or any rule thereunder shall be triable for such offence in any place in which he may be or which the Government may notify in this behalf, as well as in any other place in which he might be tried under any law for the time being in force.(2) Every notification under sub-section (1) shall be published in the official Gazette, and copy thereof shall be exhibited for the information of the public in some conspicuous place at each of such railway stations as the Government may direct.