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THE RAILWAYS ACT, 1890

(ACT NO. IX OF 1890).
  Part No : Chapter No : Section No: [ 21st March, 1890  
  
     1 An 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
 
CHAPTER I
PRELIMINARY
1. Title, extent and commencement
2. [Repealed]
3. Definitions
CHAPTER II
INSPECTION OF RAILWAY
4. Appointment and duties of Inspectors
5. Powers of Inspectors
6. Facilities to be afforded to Inspectors
CHAPTER III
CONSTRUCTION AND MAINTENANCE OF WORKS
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
CHAPTER IV
OPENING 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
CHAPTER V
TRAFFIC FACILITIES
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 [Repealed]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]
CHAPTER VI
WORKING OF RAILWAYS
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
2CHAPTER VIA
LIMITATION OF EMPLOYMENT OF THE RAILWAY SERVANTS
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
CHAPTER VII
RESPONSIBILITY OF THE RAILWAY ADMINISTRATIONS AS CARRIERS
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
CHAPTER VIII
ACCIDENTS
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
CHAPTER IX
PENALTIES AND OFFENCES
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
CHAPTER X
SUPPLEMENTAL PROVISIONS
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
 
 

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