1890
(ACT IX OF 1890)
(CORRECTED UP TO DECEMBER 1996)
(Printed by the Ministry of Railways Government of
Pakistan)
1997
1890 : Act IX] Railways
The RAILWAY ACT. 1890
This act has been deemed in its application to the
Province of
E.P. by E.P. Act No. II of 1969.
Modified.
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CONTENTS
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CHAPTER I
SECTIONS PRELIMINARY
1. Title, extent and commencement.
2. [Repealed]
3. Definitions.
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CHAPTER II
INSPECTION OF RAILWAYS
4. Appointment and duties of Inspectors.
5. Power of Inspectors.
6. Facilities to be afforded to Inspectors.
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CHAPTER III
CONSTRUCTION AND MAINTENANCE OF WORKS
7. Authority of railway administrations to executes
all necessary works.
8. Alteration of pipes , wires and drains.
8 - A 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 or local authority to cause additional accommodations
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 a railway.
Railways [1890: Act IX
CHAPTER IV
SECTIONS OPENING OF RAILWAYS
16. Right to use Locomotives.
17. Notice of intended opening of a railway.
18. Sanction of the Central Government a condition precedent to the opening
of a railway.
19. Procedure in sanctioning the opening of a railway.
20. Application of the provisions of the three last foregoing sections to
material alterations of a 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.
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CHAPTER V
TRAFIC 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26 - 40 [Repealed.]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.
42 - A Prohibition of under preference.
42 - B Powers of the Provisional Government to fix maximum and minimum rates.
43. Under preferences in case of unequal treatment where ships or boats are
used which are not part of a railway.
44. Provision for facilities and equal treatment where ships or boats are
used which are not part of a railway.
45. Terminals.
46. Power of Provincial Government to fix terminals.
46 - A Decisions in accordance with this Chapter shall be binding.
46 - B [Omitted.]
1890 : Act IX] Railways
CHAPTER VI
WORKING OF RAILWAYS
SECTIONS General
47. General rules.
48. Disposal of differences between railways regarding conduct of joint traffic.
49. Agreements with any Provincial Government for construction of lease of
rolling stock.
50. Powers of railway companies to enter into working agreements.
51. Establishment of ferries and roadways for accommodation of traffic.
51. A Additional power to provide and maintain transport services.
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 a railway.
57. Power for 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 railway administrations for details of gross charges.
Carriage of Passengers
62. Communication between passengers and railway servants in charge of trains.
63. Maximum number of passengers for each compartment.
64. Reservation of compartments for females.
65. Exhibition of timetables and tables of fares at stations.
Railways [1890 : Act IX
SECTIONS
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 traveling without pass or ticket.
69. Exhibition and surrender of pass and tickets.
70. Return and season tickets.
71. Power to refuse to carry persons suffering from infectious or contagious
disorder.
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CHAPTER VI-A
LIMITATION OF EMPLOYMENT OF RAILWAY SERVANTS
71-A Definitions.
71-B Application of Chapter VI-A.
71-C Limitation of hours of work.
71-D Grant of periodical rest.
71-E Power to make rules.
71-F Railway servant to remain on duty.
71-G Supervisors of Railway Labour.
71-H Penalty.
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CHAPTER VII
RESPONSIBILITY OF RAILWAY ADMINISTRATIONS AS CARRIERS
72. Measure of the general responsibility of a railway
administration as a carrier of animals and goods.
73. Further provision with respect to the liability of a railway administration
as a carrier of animals.
74. Further provision with respect to the liability of a railway administration
as a carrier of luggage.
75. Further provision with respect to the liability of a 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.
1890 : Act IX] Railways
SECTIONS
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 railway administration in respect of accidents
at sea.
82 - A Liability of railway administration in respect of accidents to trains
carrying
passengers.
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CHAPTER VII
ACCIDENTS
87. Penalty for default in compliance with requisition under section 13.
88. Penalty for contravention of section 16,18,19,20,21 or 24.
89. Penalty for not having certain document kept or exhibited at stations
under section 54 or 65.
90. Penalty for not making rules as required by section 47.
91. Penalty for failure to comply with decision under section 48.
92. Penalty for delay in submitting returns under section 52 or 85.
93. Penalty for neglect of section 53 or 63 with respect to carrying capacity
of rolling-stock.
94. Penalty for failure to comply with requisition under section 62 for maintenance
of means of communication between passengers and railway servants.
95. Penalty for failure to reserve compartments for females under section
64.
96. Penalty for omitting to give the notices of accidents required by section
83 and under section 84.
97. Recovery of penalties.
98. Alternative or supplementary character of remedies afforded by the foregoing
provisions of this chapter.
Offered by 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.
Railways [1890 : Act IX
SECTIONS
107. Unlawfully bringing dangerous or offensive goods
upon a railway.
108. Needlessly interfering with means of communication in a train.
109. Entering compartment reserved or already full or resisting entry into
a compartment not full.
110. Smoking.
111. Defacing public notices.
112. Fraudulently traveling or attempting to travel without proper pass or
ticket.
113. Traveling without pass or ticket or with insufficient pass or ticket
or beyond authorized distance.
113-A Power to remove persons from 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 of contagious
disorder.
118. Entering carriage in motion, or otherwise improperly traveling on a railway.
119. Entering carriage or other place reserved for females.
120. Drunkenness or nuisance on a railway.
121. Obstructing railway servant in his duty.
122. Trespass and refusal to desist from trespass.
123. Disobedience of omnibus drivers to directions of railway servants.
124. Opening or not properly shutting gates.
125. Cattle-trespass.
126. Maliciously wreeking or attempting to wreek a train.
127. Maliciously hurting or attempting to hurt persons traveling by railway.
128. Endangering safety of persons traveling by railway by wilfull act or
omission.
129. Endangering safety of persons traveling by railway by rash or negligent
act or omission.
130. Special Provision with respect to the commission by children of acts
endangering safety of persons traveling by railway.
Procedure
130-A 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.
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| (c) for prescribing the duties of
railway servants, police officers, Inspectors and Magistrates on the occurrence
of an accident.
85. Every railway administration shall send to the 1[5 Federal Government] a return of accidents occurring upon its railway, whether attended with personal injury or not, in such form and manner and at such intervals of time as the 1[Federal Government] directs. 386. Whenever any person injured by an accident on a railway claims compensation on account of the injury, any Court or person having by law or consent of parties authority to determine the claim may order 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 may make such order with respect to the cost of the examination as it or he thinks fit. ------- PENALTIES AND OFFENCES. Forfeitures by Railway Companies. 87. If a railway company fails to comply with any requisition made under Section 13, it shall forfeit to the 1[5 Federal Government] the sun of two hundred rupees for the default and a further sum of fifty rupees for every day after the first during which the default continues. 88. If a railway company moves any rolling-stock
upon a railway by steam or other motive power in contravention of Section
16, sub-section (2), or opens or uses any railway or work in contravention
of Section 18, Section19, Section20 or Section21, or re-opens any railway
or uses any rolling-stock in contravention of Section24, it shall forfeit
to the 4[5 Federal Government] the sum of two hundred rupees for every
day during which the motive power, railway, work or rolling-stock is
used in contravention of any of those sections. |
Penalty for default in compliance with requisition under Section 13.
|
1.Subs by A.O., 1964,Art, 2 and Sch., for "Central
Government" as amended by A.O., 1937,and A.O., 1949.
2.For rules under ss.84 and 85 as to notices of accidents occurring in the
Course of working a railway, see Gen. R. & O.
3.Cf. the Regulation of Railways Act, 1868 (31 & 32 Vict.c.119), s.26.
4.Sub by A.O., 1949, Sch.for "safety controlling authority" which
had been subs. By A.O., 1937, for "Govt".
5.Subs. by P.O., 4 of 1975,s.2 and Sch.
Railways [1890: Act IX]
(Chapter IX-Accidents)
Penalty for not having certain documents kept or exhibited at stations under Section 54 or 65. Penalty for not making rules as required by Section 47.
|
89. If a railway company fails to
comply with the provisions of 1* * *Section54, sub-section (2), or Section
65, with respect to the books or other documents to be kept open to inspection
or conspicuously posted at stations on its railway, it shall forfeit to
the 2[8 Federal Government] the sum of fifty rupees for every day during
which the default continues. 90. If the railway company fails to comply with the provision of Section 47 with respect to the making of general rules 3[Central Government] the sum of fifty rupees for every day during which the default continues; 5* * * * * * 691. If a railway company refuses or neglects to comply with any decision of the 2[8Federal Government] under Section 48, it shall forfeit to the 7[8Federal Government] the sum of two hundred rupees for every day during which the refusal or neglect continues. 92. If a railway company fails to comply with the provisions of Section 52 or Section 85 with respect to the submission of any return, it shall forfeit to the 7[8Federal Government] the sum of fifty rupees for every day during which the default continuous after the fourteenth day from the date prescribed for the submission of the return. 93. If a railway company contravenes the provisions
of Section 53 or Section 63, with respect to the maximum load to be
carried in any wagon or truck, or the maximum number of passengers to
be carried in any compartment, or the exhibition of such load on the
wagon or truck or of such number in or on the compartment, or knowingly
suffers any person owning a wagon or truck passing over its railway
to contravene the provisions of the former of those sections, it shall
forfeit to the |
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1.The words and figures" Section 47, sub-section (6) " rep. By A.O.,
1937.
2.Subs. by A.O., 1964,Art.2 and Sch., for "Central Government",
as amended by A.O., 1937 and A.O,,1949.
3.Ins. by A.O., 1937.
4.Subs by A.O, 1961,Art,2 and Sch(with effect from 23rd march,1956 )for "general
controlling authority"
5.Provsio, which was first inst. By A.O, 1937 and then amended by A.O, 1949
has been omitted by A.O., 1961,Art, 2 and Sch.(with effect from the 23rd march
1956.).
6.Cf. the Railway Regulation Act, 1842 (5 & 6 Vict.,c.55),s.11.
7.Subs. by A.O., 1964, Art, 2 and Sch. For "Central Government"
as amended by A.O., 1961 and A.O., 1937.
8.Subs. by P.O.4 of 1975,s.2 and Sch
1890: Act IX] Railways
(Chapter IX-Penalties and Offences.)
| 1[8Federal Government] the sum of twenty rupees for every
day during which either section is contravened.
2* * * * * * 394. If a railway company fails to comply with any requisition of the 1[8Federal Government] under Section 62, for the provision and maintenance in proper order, in any train worked by it, which carries passengers, of such efficient means of communication as the 4[8Federal Government] has approved, it shall forfeit to the 5[Federal Government] the sum of twenty rupees for each train run in disregard of the requisition. 995. If a railway company fails to comply with the requirements of Section 64 with respect to the reservation of compartments for females it shall forfeit to the 1[8Federal Government] the sum of twenty for every train in respect of which the default occurs. 96. If a railway company 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, it shall forfeit to the 4[8Federal Government] the sum of one hundred rupees for every day during which the omission continues. 97. (1) When a railway company has through any act or omission forfeited any sum 6* * * under the foregoing provisions of this Chapter, the sum shall be recoverable by suit in the District Court having jurisdiction in the place where the act or omission or any part thereof occurred. 7[(2) Nothing in this Chapter shall be constructed as requiring |
Penalty for failure to reserve compartments for females under Section 64. Penalty for omitting to give the notices of accidents required by Section 83 and under Section 84. Recovery of penalties. |
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1.Subs by A.O., 1964,Art, 2 and Sch., for "Central Government" as
amended by A.O., 1937, and A.O., 1961.
2.Second paragraph which was first inst. By A.O., 1937 and then amended by
A.O., 1949,has been omitted by A.O., 1961,Art, 2, and Sch, (with effect from
23rd march 1956).
3.Cf. the Regulation of Railway Act, 1868(31 & 32 Vict.,c.119),s.22.
4.Subs by A.O., 1964,Art, 2and Sch, for "Central Government" as
amended by A.O., 1937 and A.O., 1949,Sch.
5.Subs by A.O., 1964,Art.2 and Sch, for "Central Government" which
had been subs. By A.O., 1937, for "Govt".
6.The words "to the Govt." rep by A.O., 1937.
7.Subs. ibid, for the original sub-section (2) & (3).
8.Subs by P.O., 4 of 1975,s.2 and Sch.
9.Vide Railways (Amendment) Act, 1995.
Railways [1890: Act IX]
(Chapter IX-Penalties and Offences.)
Alternative or supplementary character of 8remedies afforded by the foregoing provisions of this Chapter.
|
Any authority to recover any penalty
in any case in which it thinks it proper to refrain from so doing.]
98. Nothing 1[in the foregoing provisions of this chapter] shall be construed to preclude the 2[5 Federal Government] from resorting to any other mode of processing instead of, or in addition to, such a suit as is mentioned un the last foregoing section, for the purpose of compelling a railway company to discharge any obligation impose upon it by this Act. 399. If a railway servant whose duty it is to comply with the provisions of Section 60 negligently or willfully omits to comply therewith, he shall be punished with fine, which may extend to twenty rupees. 6100. Drunkenness. -if a railway servant is in state of intoxication while on duty, he shall, without prejudice to any penalty to which he may be liable under any other law for the time being in force, be punished with fine which may extend to fifty rupees or, where the improper performance of the duty is likely to endanger the safety of any person traveling or being upon a railway, with imprisonment for a term which may extend to one year, or with fine, or with both. 4101. If a 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 this employment to obey, and of which he had notice, |
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1.Subs. by the repealing and Amending Act, 1939 (34 of 1939), s.2. and Sch,
I, for "in those provision".
2.Subs. by A.O., 1964,Art, 2 and Sch, for "Central Government",
as amended by A.O., 1937 and A.O., 1961.
3.Cf. the Railway Regulation Act, 1842 (5& 6 Vict.,c.55),s.17.
4.Cf. the Railway Regulation Act, 1840 (3 & 4 Vict.,. c.97),ss.13 and
14, and the Railways Regulation Act,1942 (5 & 6 Vict,c.55),s.17.
For rules made by the Govt. of Bengal under s.46 (2) of the police Act, 1861
(5 of 1861), for the guidance of Railway Police as to arrest and prosecution
for offences under this section see Calcutta Gazetta, 1904,Pt I p.884.
5.Subs by P.O.4 of 1975,s.2 and Sch.
6. (Vide Federal Laws (Regulations & Declarations) Ordinance 1981).
1890: Act IX] Railways
(Chapter IX-Penalties and Offences.)
| (c) by any rash or negligent act or
omission, or (d) by tampering with railway's equipment, machinery or installation or misuse or non-use thereof, he shall be punished with imprisonment for a term which may extend to five years imprisonment of either description or with fine which may extend to ten thousand rupees. 102. If a 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 rupees. 6103. If a station-master or a railway servant in charge of a section of a 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 five thousand rupees. 1104. If a railway servant unnecessarily- (a) allows any rolling-stock to stand across a place where the railway crosses a public road on the level, or 5(b )keeps a level-crossing closed against the public; he shall be punished with imprisonment for a term, which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 2105. 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 two thousand rupees; 7 Other Offences 3106.If a person requested under Section 58 to
given 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 five thousand rupees
and the fine shall be in addition to any rate or other charge to which
the goods may be liable.8 |
Omission to give notice of accident.
False returns. Giving false account of goods.
|
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1.Cf. the Railway Clauses Act, 1863 (26 & 27 Vict.,c.92),s.5.
2.Cf. the Regulation of Railways Act, 1871(34 & 35 Vict., c.78),s.10.
3. Cf. the Railway Clauses Act, 1845 (8 & 9 Vict., c.20), ss.99 and 152,respectively.
4. Vide Railways (Amendment), Act, 1995.
5. Vide Railways (Amendment), Act, 1995.
6. Vide Railways (Amendment), Act, 1995.
7. Vide Railways (Amendment), Act, 1995.
8. Vide Railways (Amendment), Act, 1995.
Railways [1890: Act IX]
(Chapter IX-Penalties and Offences.)
| Dangerous or offensive
goods upon a railway.
Entering compartment reserved or already full or resisting entry into a compartment not full. Smoking.
|
Or delivers any such goods for carriage
upon a railway, he shall be punished with imprisonment for a term which
may extend to two years, or with fine which may extend to five thousand
rupees, or with both and shall also be responsible for any loss, injury
or damage which may be caused by reason o such goods having been so brought
upon the railway.3 1108. If a passenger, without reasonable and sufficient cause, makes use of or interferes with any means provided by a railway administration for communication between passengers and the railway servants in charge of a train, he shall be punished with fine which may extend to two thousand rupees.4 5109. (1) If a passenger, having entered a compartment which is reserved by a railway administration for the use of an other passenger, or which already contains the maximum number of passenger, 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 one thousand rupees. 6(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 contraining the maximum number of passengers exhibited therein or thereon under Section 63, he shall be punished with fine which may extend to one thousand rupees. 7 (3) In addition to the fine imposed on the passenger referred to in sub-section (1) and (2), he shall be removed from the compartment. 110. (1) If a person, without the consent of his fellow passengers, is any, in the same compartment, smokes in any compartment expect a compartment specially provided for the purpose, he shall be punished with fine which may extend to0 twenty rupees. (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 traveling. 2111. If a person, without authority in this behalf, pulls down or willfully injures any board or document set up or posted by order of a railway administration on a railway or any rolling-stock, or obliterates or alters any of the letters of figures upon any such board or document, he shall be punished with fine which may extend to one thousand rupees.8 |
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1.Cf. the Regulation of Railways Act, 1868 (31 & 32 Vict.,c.119),s.22.
2. Cf. the Companies Clauses Act, 1845 (8 & 9 Vict.,16),s.146
3. Vide Railways (Amendment), Act, 1995.
4. Vide Railways (Amendment), Act, 1995.
5. Vide Railways (Amendment), Act, 1995.
6. Vide Railways (Amendment), Act, 1995.
7. Vide Railways (Amendment), Act, 1995.
8. Vide Railways (Amendment), Act, 1995.
1890: Act IX] Railways
(Chapter IX-Penalties and Offences.)
|
XIV of 1860. |
1[112. (1) If a person, with intent
to defraud a railway administration: -
(a) enters 2[or remains in any carriage on a railway in contravention of Section 68], or (b) uses or attempts to use a single pass of single ticket which has already been used on a previous journey or, in the case of the return ticket, a half thereof which has already been so used. he shall be punished 3[with imprisonment for a term which may extend to six months or] with fine which may extend to two thousand rupees in addition to the amount of the single fare for any distance which he may have traveled, 4 [The burden of proof that there was no intention to defraud shall lie on the accused.8] 5[(2) Notwithstanding anything contained in Section 65 of the Pakistan 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.] 6113. (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
therefore 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 7[from the station from which the
train originally started.9 |
Fraudulently traveling
or attempting to travel without proper pass or ticket.
Traveling without pass or ticket or with insufficient
pass or ticket or beyond authorized distance. |
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1.S.112 re-numbered as 112 (1) by the Indian Railways (Amdt.) Act 1941 (6
of 1941), s.3.
2.Subs. by ibid, for "in contravention of Section 68 any carriage on
a railway".
3.Ins. ibid,
4.Added by the Indian Railways Act (Amdt.), Ordinance, 1948 (2 of 1948), s.2.
5.Inst. by Act 6 of 1941,s.3.
6.Cf. the French and German Railway Law.
7.Subs. by the Railway (Amdt), Act, 1957 (26 of 1957), s.4, for certain words.
8.Vide Railways (Amendment), Act, 1995.
9.Vide Railways (Amendment), Act, 1995.
Railways [1890: Act IX]
(Chapter IX-Penalties and Offences.)
(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 authorized 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[(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:
8 Provided that where the passenger has immediately after incurring the charge and before being detected by a 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 rupee:
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 therefore under one or other of those sub-sections, as the case may be, 4[ any railway servant appointed by the railway administration on this behalf may apply to 5[any 6* *7[or] Magistrate of the First or Second Class] for the recovery of the sum payable as if it were a fine, and the
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1.Subs. by the Indian Railways Act (Amdt) Ordinance, 1948 (2 of 1948), s.2,
for comma.
2.Certain words omitted, ibid.
3.Subs.by the Indian Railways (Amdt) Act, 1941 (6 of 1941), s.4, for the original
sub-section (3).
4.Subs. ibid., for "the sum payable by him shall, on application made
to any Magistrate by any railway servant appointed by the railway administration
in this behalf, be recovered by the Magistrate from the passenger as if it
were a fine imposed on the passenger by the Magistrate and shall, as it is
recovered, be paid to the railway administration".
5.Subs. by the Repealing and Amending Act, 1945 (6 of 1945), for "any
Magistrate of the First or Second Class".
6.The works "Presidency Magistrate" omitted by the Repealing and
Amending Ordinance, 1961 (1 if 1961), s, 3 and 2nd Sch.
7.Seems to be repundant.
8.Vide Railways (Amendment), Act, 1995.
1890: Act IX] Railways
(Chapter IX-Penalties and Offences.)
| Magistrate if satisfied that the sum
is payable shall order it to be 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].
1[113-A. Any person who, without having obtained the permission of a 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 authorized by his pass or ticket, or who being in a carriage fails or refuses to present for examination o9r to deliver up his pass or ticket immediately on requisition being, made therefore under Section 69, may be removed from the carriage by any railway servant authorized 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 expect 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.] 1[114. Penalty for transfer of tickets, - If a person, not being railway servant or an agent authorized by the railway administration in this behalf, - (a) Sells or attempts to sell any ticket or any half of a return ticket, or (b) Parts or attempts to part with the passengers of a ticket against which reservation of a seat or berth has been made, or any half of a return ticket or reason ticket, in order to enable to enable any other person
to travel therewith, he shall be punished with imprisonment for a term
which may extend to one year, or with fine which may extend to ten thousand
rupees, or with both.]2 |
|
Magistrate if satisfied that the sum is payable shall order it to be 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].
1[113-A. Any person who, without having obtained the permission of a 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 authorized by his pass or ticket, or who being in a carriage fails or refuses to present for examination o9r to deliver up his pass or ticket immediately on requisition being, made therefore under Section 69, may be removed from the carriage by any railway servant authorized 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 expect 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.]
1[114. Penalty for transfer of tickets, - If a person, not being railway servant or an agent authorized by the railway administration in this behalf, -
(a) Sells or attempts to sell any ticket or any half of a return ticket, or
(b) Parts or attempts to part with the passengers of a ticket against which reservation of a seat or berth has been made, or any half of a return ticket or reason ticket,
in order to enable to enable any other person to travel therewith, he shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.]2
Power to remove persons from railway carriage.
---------------------------------------------------------------------------------------------
1. Subs. By Act No.XXV of 1976, s.4.
2. Vide Railways (Amendment), Act, 1995.
Railways [1890: Act IX]
(Chapter IX-Penalties and Offences.)
| Disposal of fines under
the two last foregoing sections.
Being or suffering person to travel on railway with infectious or contagious disorder.
Entering carriage or other place reserved for
females. |
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.
1116. If a passenger willfully 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 imprisonment for a term, which may extend to two thousand rupees or with both. 2117. (1) If a person suffering from an infectious or contagious disorder enters or travels upon a 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 traveled thereon, shall be punished with fine which may extend to five hundred rupees, in additions 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. 3(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, willfully permits the person to travel upon a railway without arranging for his separation from other passengers, he shall be punished with fine which may extend to one thousand rupees. 4118. (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 five hundred rupees. 5(2) If a passenger, after being warned by a
railway servant to desist, persists in traveling 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 one thousand rupees and may be removed
from the railway by any railway servant. |
1890: Act IX] Railways
(Chapter IX-Penalties and Offences.)
| excuse, or, having entered it, remains
therein after having been desired by any railway servant to leave it,
he shall be punished with imprisonment for a term which may extend to
six months, or with fine which may extend to one thousand rupees or with
both in addition to the forfeiture of any fare which 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.3 4 120. If a person in any railway carriage or upon any part of a 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) willfully and without lawful excuse interferes with the comfort of any passenger or extinguishes any lamp, he shall without prejudice to any other penalty to which he may be liable under any other law for the time being in force, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both, 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. 1121. If a person willfully obstructs or impedes any railway servant in the discharge of his duty, he shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to two thousand rupees, or with both.5 1122. (1) If a person unlawfully enters upon a railway, be shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both.6 7 (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 imprisonment of either description for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both, and may be removed from the railway by such servant or other person. 8 (3) Whoever trespasses upon and makes or attempts to make or abets or helps or aids to make an unauthorized temporary or permanent construction over the railway or in its property or commits or attempts to commit any act which may be to the detriment or against the interest of the railway, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to twenty thousand rupees, or with both. 9123. If a driver or conductor of a tramear, omnibus, carriage or other vehicle while upon the premises of a railway disobeys the reasonable directions of any railway servant or police-officer, he shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 2124. 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 a 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. |
Drunkenness or nuisance on a railway.
Disobedience of omnibus drivers to directions of railway servants.
|
---------------------------------------------------------------------------------------------
1. Cf. the Railway Regulation Act, 1840 (3 & 4 Vict., c.97),s.16.
2. Cf. the Railway Clauses Act, 1845 (8 & 9 Vict., c.20), s.75.
3. Vide Railways (Amendment), Act, 1995.
4. Vide Railways (Amendment), Act, 1995.
5. Vide Railways (Amendment), Act, 1995.
6. Vide Railways (Amendment), Act, 1995.
7. Vide Railways (Amendment), Act, 1995.
8. Sub see added vide Railways (Amendment), Act, 1995.
9. Vide Railways (Amendment), Act, 1995.
Railways [1890: Act IX]
(Chapter IX-Penalties and Offences.)
|
Cattle trespass.
|
(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 imprisonment for a term which may be extend to six months, or with fine which may extend to five thousand rupees, or with both.2 3125. (1) The owner or person in charge of any cattle straying on a railway provided with fences suitable for the exclusion of cattle shall be punished with fine which may extend t fifty rupees 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. 4 (2) If any cattle are willfully 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 fifty rupees 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 Sections 11 and 26 of the cattle-trespass Act, 1871, shall be deemed to include a 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. 1126. If a person unlawfully- (a) puts or throws upon or across any railway
any wood, stone or other matter or thing, or |
I of I of
|
---------------------------------------------------------------------------------------------------------
1.Cf.the Malicious Damage Act, 1861 (24 & 25 Vict.,c.97),s.35,and the
Offences against the Person Act,1861 (24 & 25Vict.,c.100),s.32.
2.Vide Railways (Amendment, Act, 1995.
3. Vide Railways (Amendment, Act, 1995.
4. Vide Railways (Amendment, Act, 1995.
1890: Act IX] Railways
(Chapter IX-Penalties and Offences.)
| (d) makes or shows, or hides or removes, any signal
or light upon or near to any railway, or 8(e) does or attempts to do or causes to be done or abets or conspires the doing of an act with causes or is likely to cause, any explosion by an explosive substance or by any other means upon or near railway or any property belonging to railways. with intent, or with knowledge that he is likely, to endanger the safety of any person traveling or being upon the railway, or any property belonging to the railway or of such property, he shall, whether an injury to any person or property has actually been caused or not, be punished with death or imprisonment for life and shall also be liable to forefeiture of property and fine which may extend to twenty thousand rupees.3 4 Explanation. - In this section and Section 127, the expression explosive substance shall have the same meaning as in the explosive substances act, 1908 (VI if 1908). 1127. Maliciously hurting or attempting to hurt persons traveling by railway or damaging property belonging to railway. If a person unlawfully throws or causes to fall or strike at, against, into or upon any property belonging to any railway, including rolling-stock forming part of a train, any explosive substance, 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 property, he shall be punished with death or imprisonment for life, and shall also be liable to forefeiture of property and fine which may extend to twenty thousand rupees.5 2128. If a person, by any lawful act or by any willful omission or neglect, endangers or causes to be endangered the safety of any person traveling 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. 6129. 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 traveling or being upon a railway, he shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both. 7130.(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 Pakistan Penal Code, to have committed an offence, and the Court convicting him ------------------------------------------------------------------------------------------ 1.Cf.the offences against the Person Act, 1861 (24 & 25 Vict.,c.100),s.33. 2. Cf.the Offences against the Person Act, 1861 (24 & 25 Vict.,c.100),,s.34, and the Malicious Damage Act,1861 (24 & 25 Vict.,c.97),s.36. 3.Vide Railways (Amendment), Act, 1995. 4. Vide Railways (Amendment), Act, 1995. 5. Vide Railways (Amendment), Act, 1995. 6. Vide Railways (Amendment), Act, 1995. 7. Vide Railways (Amendment), Act, 1995. 8. Vide Railways (Amendment), Act, 1995. |
Maliciously hurting or attempting to hurt persons travailing by railway. Endangering safety of persons traveling by railway willful act or omission.
|
Railways [1890: Act IX]
(Chapter IX-Penalties and Offences.)
|
Arrest of persons likely to abscond or unknown. |
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 forefeited, shall be recoverable by the Court as if it were 1 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 rupees. Procedure 2[130-A. Notwithstanding anything contained in any law for the time being in force, any railway servant, not being below the rank of Head Watchman, and authorized 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 handing of any property entrusted or belonging to the railway administration, and is suspected of removing such property without authority , ] 3[131. (1) If a person commits any offence mentioned
in section 100,101,103,105,108,112,114,119,120,121,122,124,126,127,128
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. 5 131-A. Summary trail of certain offences. -
Notwithstanding any thing contained in the court of criminal procedure,
1898 (Act-V of 1898), offences under sections 121,123,124 and 125 may
be tried summarily. |
----------------------------------------------------------------------------------------------------
1.see s.386to 389 of the Code of Criminal Procedure, 1898 (5 of 1898).
2.Ins. by the Railways (Amdt) Act, 1957(26 of 1975),.s.5.
3.Cf. the Companies Clauses Act, 1845 (8 & 9 Vict.,.c.16),s.156.
4.Vide Railways (Amendment), Act, 1995.
5.Inserted Vide Railways (Amendment), Act, 1995.
1890 : Act [X] Railways
SECTIONS
CHAPTER X
SUPPLEMENTAL PROVISSIONS
135. Taxation of railways by local authorities.
136. Reservation on execution against railway property.
137. Railway servants to be public servants for the purposes of Chapter IX
of the Pakistan Penal Code.
138. Procedure for summary delivery to railway administration of property
detained by railway servant.
139. [Repealed]
140. Service of notices by railway administration.
141. Service of notices by railway administration.
142. Presumption where notice is served by post.
143. Provision with respect to rules.
144. Interpretation as respects Acceding States.
145. Representation of Managers and Agents of Railways in Courts.
146. Power to extend Act to certain tramways.
147. Power to exempt railway from Act.
148. Matters supplemental to the definitions of "railway" and "railway
servant".
149. [Repealed].
150. [Repealed].
------------------
THE FIRST SCHEDULE ----[Repealed].
THE SECOND SCHEDULE.---ARTICLES TO BE DECLARED AND INSURED.
1 & 3 3 ACT No. IX of 1890
[21st March, 1890]
An Act to consolidate, amend and add to law relating to Railways
2* *.
---------------------------------------------------------------------------------------------------------
1. For statement of Objects and Reasons, see Gazette
of India, 1888, Pt.
V, p . 133, for Report of the select Committee, see ibid , 1890, Pt, V,p,
23; and for debates in Council, see ibid , 1888, Pt, VI, pp. 124 and 137,
and ibid., 1890, Pt, VI, pp. 15 and 48.
This Act has been extended to the Leased Areas of Baluchistan, see the Leased
Areas (Laws) Order, 1950 (G.G.O. 3 of 1950), and in the Federated Areas of
Baluchistan , see Gazette of India, 1937, Pt. I, p. 1499.
Chapter VI-A of this Act has been extended to-
a. The Baluchistan States Union, see G.G.O. 4 of 1953.
b. The Khairpur State, see G.G.O. 5 of 1953, as amended by G.G.O. 24 of 1953,
and
c. the State of Bahalpur, see G.G.O. 11 of 1953.
1890 : Act [X] Railways
The Railway Board Ordinance, 1959(48 of 1959), shall
be read with, and
taken as part of this Act, and shall be construed accordingly, see Section
2 of the said Ordinance.
The Act has been and shall be deemed to has been brought into force in Gwadur
with effect from 8th September, 1958, by the Gwadur (Application of Central
Laws) Ordinance, 1960 (37 of 1960), s.2.
2. The words "in India" omitted by A.O.,1940,sch.
3. This act has been amended in its application to the province of E.P. by
E.P. Act No. II of 1969.
(Chapter 1-Preliminary)
WHEREAS it is expendient to consolidates, amend and add to the law relating to railways I* *. It is hereby enacted as follows :-
CHAPTER 1
PRELIMINARY
|
XI of |
1. (1) This Act may be called the
2* Railways Act, 1890. 3[(2) It extends to the whole of Pakistan and applies also to all citizen of Pakistan, Wherever they may be.] (3) It shall come into force on the first day of May, 1890. 2. [Repeal] Rep. By the Repealing Act, 1938 (
1 of a938), 3. In this Act, unless there is something repugnant in the subject or context,- 1) "tramway" means a tramway constructed
under the Tramways Act, 1886, or any special Act relating to tramways
; 3) "includes water" means any canal,river,lake or navigable water 4* * *; 4) "railway" means a railway , or any portion of a railway, for the public carriage of passengers, animals or goods, and includes- a) all land within the fences or other boundary-marks
indicating the limits of the land appurtenant to a railway ; |
Title, extent and commencement
|
Railways [1890 : Act IX
---------------------------------------------------------------------------------------------------------------------
1. The words "In India" omitted by A.O. 1949,
Sch.
2. The word "Indian" omitted, ibib.
3. Subs.by the central Laws (statute Reform) Ordinance, 1960(21 of 1960).
S.3
And 2nd Sch. (with effect from the 14th October, 1955), for the original sub-
section (2) as amended by the Burma Laws Act, 1898 (13 of 1898), s. 18,
A.O,1949,Sch and the Federal Laws (Revision and Declaration) Act, 1951 (26
of
1951),s.8.
4. The words "in British India" omitted by A.O.,1949,Sch.
(Chapter 1.-Preliminary)
c) all stations, offices, wherehouses, wharves, workshops,
manufactories, fixed
plant and machinery and other works constructed for the purposes of, or in
Connection with, a railway ; and
d) all ferries, ships, boats and rafts which ate used on inland waters for
the prupose
of the traffic of a railway and belong to or are hired or worked by the authority
administering the railway.
5) "railway company" inclues any persons, whether incorporated or
not, who are owners or lessees of a railway or parties to an agreement for
working a railway ;
6) "railway administration" or "administration." In the
case of a railway administered by the Government 6 **, means the manager of
the railway and includes the Government, 7 **, and, in the case of a railway
administered by a railway company, means the railway company;
7) "railway servant" means any person employed by a railway administration
in connection with the service of a railway;
8) "Inspector" means an Inspector of Railway appointed under this
Act;
2(9) "goods" includes in animate things of every kind ;
3(10) "rolling-stock" includes locomotives, tenders, rail-cars,
diesel multiple units (dmus), track recording and inspection cars, carriages,
wagons, trucks and trollies:8
4(11)"traffic" includes rolling-stock of every description, as well
as passengers, animals and goods;
12) "through traffic" means traffic which is carried over the railways
of two or more railway administrations;
4(13)"rate" includes any five, charge or other payment for the carriage
of any passenger, animal or goods;
"terminals" includes charges in respect of stations, sidings, wharves,
depots, watehouse, cranes and other similar matters, and of any services rendered
thereat;
------------------------------------------------------------------------------------------------------------
1. C.f the Regulation of Railways Act, 1871 (34 and 35 Vict., 78), s.2.
2. C.f the Railways Clauses Act, 1845l (8 & 9 Vict., c.20),s.3.
3. C.f the Railway Rolling-stock Protection Act, 1872 (35 & 36 Vict.,
50).
4. C.f the Railway and Canal Traffic Act, 1854 (17 & 18 Vict., c.25),
s.1.
5. C.f the Railway and Canal Traffic Act, 1888 (51 & 52 Vict.,c.25),s.55.
6. The words "or a state" omitted vide (Fed, Laws Regulations &
Declarations)
7. The words "or the state" omitted ibid.
8. Amended vide Railways (Amend) Act 1995.
1890 : Act IX] Railways
(Chapter 1.-Preliminary. Chapter II-Inspection of Railways)
| (15) "pass" means an authority given
by a railway aministration, or by an officer appointed by a railway administration
in this behalf, and authorizing the person to whom it is given to travel
as a passenger on a railway gratuitously ; (16) "ticket" includes a single ticket, a return ticket and a season ticket ; (17) "one kilogram" means a weight of one thousand grams, and ".10 (18) "Collector" means the chief officer-in-charge of the land-revenue administration of a district, and includes any officer specially appointed by the 2[Provincial Government] to discharge the functions of a collector under this Act ; 3* * * * * 4* * * * * * * * * * 6* * * * * |
----------------
CHAPTER II
INSPECTION FO RAILWAYS
| 74. (1) The Federal Government may
appoint one or more suitable persons not below the rank of the General
Manager of Railway Administration, to be the Inspectors of Railways."
11
(2) The duties of an Inspector of |
Appointment and duties
of Inspectors.
|
Railways [1890 : Act IX
------------------------------------------------------------------------------------------------------------
1. See also the definition in S.3 (10) of the General Clasuses Act, 1897.
2. Subs, by A. O., 1937, for "L. G."
3. Cl, (20) which was ins.by A,O., 1961,Art,
2 and Sch. (with effect from the 23rd March, 1956).
4. Cl. (20) which was ins. By A.O.1937 omitted by A.O.1961, Sch.
5. Cl. (21) which was ins. By A.O.1937 and subsequently subs, by
A.O.1949,Sch,has been omitted by A.O., 1964,Art.2 & Sch.
6. Cl. (22) which was ins.by A.O.1937 and subsequently subs. By
A.O.1949,Sch.,has been omitted by A.O., 1961., Art.2 and Sch. (with effect
from the 23rd March, 1956).
7. C.f.the Regulation of Railways Act, 1871 (34 &
35 Vict,.c.78),s.3.
8. Subs. By A.O., 1949, Sch., for "Safety controlling authority"
which
Had been subs. By A.O., 1937, for "G.G. in C".
9. Subs. By P.O.No.4 of 1975, Art,2 and Sch.
10. Vide Railways ( Amendment) Act, 1995.
11. Vide Railways (Amendment) Act, 1995.
(Chapter 11.-Inspection of Railways. Chapter 111.- Construction and Maintenance of Works.)
Government ] as required by this Act ;
(b) to make such periodical or other inspections of
any railway or of any rolling-stock used thereon as the 1[4 Federal Government]
may direct ;
(c) to make inquiry under this Act into the cause of any accident on a railway
;
(d) to perform such other duties as are imposed on him by this Act, or any
other enactment for the time being in force relating to railways.
| Powers of Inspectors.
Facilities to be afforded to inspectors. |
25. An Inspector shall for the purpose
of any of the duties which he is required or authorized to perform under
this Act, be Penal Code, and, Subject to the control of 1[4 Federal Government],
shall for that purpose have the following powers, namely :- (a) to enter upon and inspect any railway or any rolling-stock used thereon ; (b) by an order in writing under his hand addressed to the railway administration, to require the attendance before him of any railway servant, and to require answers or returns to such inquiries as he thinks fit to make from such railway servant or from the railway administration ; (c) to require the production of any book or document belonging to or in the possession or control of any railway administration (except a communication between a railway company and its legal advisors) which it appears to him be necessary to inspect. 6. A railway administration shall affored to
the Inspector all reasonable facilities for performing the duties and
exercising all reasonable facilities for performing the duties and exercising
the powers imposed and conferred upon him by this Act. |
|
-------------------
CHAPTER III
CONSTRUCTION AND MAINTENANCE OF WORKS.
| Authority of railway. | 37. (1) Subject to the provisions of this Act and in the case of immoveable property not belonging to the railway adminis- |
---------------------------------------------------------------------------------------------------
1. Subs. By A.O.1949,Sch., for "safety controlling
authority' which had been subs. By A.O.1937 fro "G.G. in C".
2. C.f the Regulation of Railways Act, 1871 (34 & 35 Vict,c.78), s.4.
3. C.f the Railways Clauses Act, 1845 (8 & 9 Vict, c. 20), s.16.
4. Subs, by P.O.No. 4 of 1975, Art, 2 and Sch.
(Chapter 111.-Construction and Maintenance of Works)
| tration , to the provisions of any enactment for the time being in force for the acquistion of land for public purposes and for companies, and suvject also, in the case of a railway company , to the provisions of any contract between the company and the Government, a railway or the accommodation or other works connected therewith , and notwithstanding anything in any other enactment for the time being in force,-- | Administrations to execute all necessary works. |
(a) make and construct in, upon, across, under or over
any lands, or any streets, hills, Valleys, roads, railways or tramways, or
any rivers, canals, brooks, streams or other waterd, or any drains, water-pipes,
gas-pipes or telegraph lines, such temporary or permanent inclined planes,
arches, tunnels, culverts, embankments, aqueducts, bridges, roads, 1[lines
of railways], ways, passages, conduits, drains, piersc, cuttings and fences
as the railway administration thinks proper ;
(b) alter the course of any rivers, brooks, stream, or water courses, for
the purpose of constructing and maintaining tunnels, bridges, passages or
other works over or under them, and divert or alter, as well temporarily permanently,
the course of any rivers, brooks, streams or watercourses or any roads, streets
or ways, or raise or sink the level thereof, in order the more conveniently
to carry them over or under or by the side of the railway, as the railway
administration thinks proper ;
(c) make drains or conduits or conduits into , through or under any lands
adjoining the railway for the purpose of conveying water from or to the railway
;
(d) erect and construct such houses, warehouses, offices and other buildings,
and such yards, stations, wharves, engines, machinery, apparatus and other
works and conveniences as the railway administration thinks proper ;
(e) alter, repair or discontinue such buildings, works and conveniences as
aforesaid or any of them and substitute others in their stead ; and
(f) do all other acts necessary for making, maintaining, altering or repairing
and using the railway.
1. Ins.by the Indian Railways Act (1890) Amendment Act, 1896 (9 of 1896),
s.1.
(Chapter lll.-Construction and Maintenance of works)
(2) The exercise of the powers conferred on a railway
administration by sub-section (1) shall be subject to the control of the 1[6
Federal Government].
| Alteration of pipes,
Wires and drains.
|
8. A railway administration may, for
the purpose of exercising the powers, conferred upon it by this act, alter
the position of any pipe for the supply of gas, water or compressed air
or the position of any electric wire or of any drain not being a main
drain : Provided that :- a. When the railway administration desires to
alter the position of any such pipe, wire or drain, it shall give reasonable
notice of its intention to do so, to the 2 local authority or company
having control over the pipe, wore or drain, or, when the pipe, wire
or drain is not under the control of a local authority or company, to
the person under whose control the pipe, wire or drain is ; |
Railways [1890 : Act IX
| province without the consent of the Provincial Government 5[ or the doing of |
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1. Subs. By A.O., 1964. Art, 2 and Sch., for " Central Government"
as amended by A.O. 1937 and A.O., 1961.
2. For definition of "local authority", see s. 3 (28) of the General
Clauses Act, 1897 (10 of 1897).
3. Section 8-A ins. By A.O. 1937.
4. The words "His Majesty for the purposes of " omitted by A.O.,
1961, Art. 2 and Sch. (with effect from the 23rd March, 1956).
5. Added by A.O., 1949, Sch.
6. Subs, by P.O., 4 of 1975, s.2 and Sch.
(Chapter lll.-Construction and Maintenance of works)
anything on or to any works, lands or buildings vested in, or in the possession of, the Government of an Acceding State without the consent of that Government].
| 1 9. (1) The 2[5 Federal Government] may authorize any railway administration, in case of any slip or other accident happening or being apprehended to any cutting, embankment or other work under the control of the railway administration, to enter upon any lands adjoining its railway for the purpose of repairing or preventing the accident, and to do all such works as may be necessary for the purpose. | Temporary entry upon land for repairing or preventing accident | |
| (2) In case of necessity the railway administration may enter upon the lands and do the works aforesaid without having in such a case shall, within seventy-two hours after such entry, make a report to the 2[5 Federal Government], specifying the nature of the accident or apprehended accident, and of the railway administration by this sub-section shall cease and determine if the 2[5 Federal Government], after considering the report, considers that the exercise of the power is not necessary for the public safety. | ||
| 4. (1) A railway administration shall
do as little damage as possible in the exercise of the powers conferred
by any of 3[the foregoing provision of this Chapter], and compensation
shall be paid for any damage caused by the exercise thereof. (2) A suit shall not lie to recover such compensation, but in case of dispute the amount thereof shall, on application to the collector, be determined and paid in accordance, so for as may be, 4[with the provisions of Sections 11 to 15, both inclusive, Section 18 to 34 both inclusive, and Section 53 and 54 of the Land Acquisition Act, 1894, and the provisions of Section 51 and 52 of that Act shall apply to the award of compensation]. |
Payment of compensation for damage caused by lawful exercise of powers under the foregoing provisions of this Chapter. |
Railways [1890 : Act IX
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| 1. C.f. the Railway Regulation Act, 1842 (5 &
6 Vict., c.55) , s. 14.\ 2. Subs. By the A.O. 1964, Art, 2 and Sch., for "Central Government" as amended by A.O., 1937. and A.O., 1949. 3. Subs. By A.O.1937,"the three last foregoing section"s. 4. Subs, by the India Railways Act (1890) Amendment Act, 1896 (9 of 1896),s. 2, for "with the provisions of Sections 11 to 15, both inclusive , and Sections 18 to 42, both inclusive, of the Land Acquisition Act, 1870, and the provisions of Sections 57 and 58 of that Act shall apply to the award of compensation". 5. Subs. By P.O., r of 1975, s. 2 and Sch. |
(Chapter lll.- Construction and Maintenance of Works)
| Accommodation Works, | 1 11. -(1) A railway administration
shall make and maintain the following works for the accommodation of owners
and occupiers of lands adjoining the railway, namely :-
(a) Such and so many convenient crossings, bridges,
arches, culverts and passages over, under or by the sides of leading
to or from, the railway as may, in the opinion of the 2[Provinial Government],
be necessary for the purpose of making good any interruptions caused
by the railway is made, and (2) Subject to the provisions of this Act, the
work specified in clauses (a) and (b) of sub-section (1) shall be made
during or immediately after the laying out or formation of the railway
over the lands travels thereby and in such manner as to cause as little
damage or inconvenience as possible to persons interested in the lands
or affected by the works. a railway administraion shall not be required
to make any accommodation works in such a manner as would prevent or
obstruct the working of the railway, or to make any accommodation works
with respect to which the owners and |
Railways [1890 : Act IX
| (a) occupiers of the lands have agreed
to receive and have been paid compensation in consideration of their not
requiring the works to be made ; 3(b) save as hereinafter in this Chapter provided, a railway administration shall not except on the requisition of the 2[Provincial Government], be compelled to defray the cost of executing any further or additional accommodation works for the use of the owners or occupiers of the lands after the expiration of ten years |
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1. C.f the Railways Clause Act, 1845 ( 8 & 9 Vict, c.20), s. 68.
2. Subs, by A.O., 1937 for "G.G. in C.".
3. C.f the Railways Clauses Act, 1845(8 & 9 Vict, c.20),s.78.
(Chapter lll,--Construction and Maintenance of works)
from the date on which the railway passing through
the lands was first opened for
public traffic;
(c) where a railway administration has provided suitable
accommodation for the crossing of a road or stream, and the road or stream
is afterwards diverted by the act or neglect of the person having the control
thereof, the administration shall not be compelled to provide other accommodation
for the crossing of the road or stream.
1(4) The 2[Provincial Government] may appoint a time for the commencement
of any work to be executed under sub-section administration fails to commence
the work or, having commenced it, fails to proceed diligently to execute in
a sufficient manager, the 2[Provincial Government] may execute it and recover
from the railway administration the cost incurred by 3[it] in the execution
thereof.
| 412. If an owner or occupier of any land affected by a
railway considers the works made under the last foregoing section to be
insufficient for the commodious use of the land, 10[or if the Federal
Government desires to construct a national highway or strategic road or
if the 5[Provincial Government] or a local authority desired to construct
a public road or other work across, under or over a railway, he or it
, as the case may be, may at his or its expense such further accommodation
works as he or it thinks necessary and are agreed to by the railway administration
or as, in case of difference of opinion, may be authorized by the 6[10Federal
Government].
713. The 8[Federal Government] may require that, within a time to
be specified in the requisition, or within such further |
Powers for owner-occupier or local authority
to cause additional accommodational works to be made.
|
Railways [1890 : Act IX
| time as 9[it] may appoint in this behalf,-
|
1. C.f, the Railways Clauses Act, 1845 (8 & 9 Vict.,
c. 20), s.70
2. Subs, by A.O.,1937, for "G.G in C.
3. Subs, ibid, for" him".
4. C.f the Railways Clauses Act, 1845 (8 & 9 Vict.,c,20),s.71.
5. Subs, by A.O. 1937, "L,G"
6. Subs, by A.O 1964. Art, 2 and Sch., for "Central Government"
as amended by A.O., 1937 and A.O.,1961.
7. C.f the Railway Regulation Act, 1842 (5 & 6 Vict., c.55),s,10.
8. Subs by A.O., 1964, Art,2 and Sch., for Central Government as amended by
A.O., 1937, and A,O., 1949.
9. Subs by A.O., 1937, for "he".
10. Subs. By P.O., 4 of 1975,s.2 and Sch., and Ins.
(Chapter lll,-Construction and Maintenance of Works)
|
|
therewith : 1 (b) any works in the nature of a screen near to or adjoining the side of any public road constructed before the making of a railway be provided or renewed by a railway administration for the purpose of preventing danger to passengers on the road by reason of horses or other animals being frightened by the sight or noise of the rolling-stock moving on the railway ; 2 (c) suitable gates, chains, bars, stiles or hand-rails be erected or renewed by a railway administration at places where a railway crosses a public road on the level ; 3 (d) persons be employed by a railway administration to open and shut such gates, chains or bars. 414 (1) Where a railway administration has constructed
a railway across a public road on the level, the 5[9Federal Government]
may at any time, if it appears to 6[it] necessary for the public safety,
require the railway administration, within convenient ascents and |
Railways [1890 : Act IX
| descents and other convenient approaches,
instead of crossing the road on the level, or to execute such other works
as, in the circumstances of the case, may appear to the 5[9Federal Government
] to be best adapted for removing on diminishing the danger arising from
the level-crossing.
8 (2) The 9[Federal Government ] may require
as a condition of making a requisition under sub-section (1), that the
local authority, if any, which maintains the road, shall undertake to
pay the whole of the cost to the railway administration of complying
with the requisition or such portion of the cost as the 5[9 Federal
Government] think just. |
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1. C.f the Railway Clauses Act, 1845 (8 & 9 Vict,
c.20),s 63.
2. C.f the Railway Regulaltion Act, 1842 (5 & 6 Vict., c.55),s.9/
3. C.f the Railway Clause Act, 1845 (8 & 9 Vict., c,20),s,48.
4. C.f the Railway Clause Act, 1863 (26 & 27 Vict., c. 92),s.7.
5. Subs. By A.O., 1964, Art., 2 and Sch., for "Central Government"
as amended by A.O., 1937 and A.O., 1949.
6. Subs. By A.O., 1937, for "him".
7. Subs. Ibid, for "he".
8. C.f the Railways Clauses Act, 1845 (8 & 9 Vict, c.20), s.46 and the
Railway and Canal Traffic Act, 1888 (51 & 52 Vict., c, 25), s.16.
9. Subs. By P.O. 4 of 1975, s.2 and Sch.
(Chapter lll.-Construction and Maintenance of Works)
(Chapter IV.- opening of Railways)
115 (1) In either of the following cases, namely :-
| (a) Where there is danger that a tree standing
near a railway may fall on the railway so as to obstruct traffic. 9(b) When a tree obstructs the view of any fixed signal, the railway administration may, with the permission of any Executive Magistrate, fell the tree or deal with in it such other manner as will in the opinion of the railway administration avert the danger or remove the obstruction, as the case may be. 10(2) In case of emergency the power mentioned in sub-section (1) may be exercised by a railway administration with-out the permission of an Executive Magistrate. 11(3) Where a tree felled or otherwise dealt with under sub-section (1) or sub-section (2) was in existence before the railway was constructed or the signal was fixed, any Executive Magistrate may, upon the application of the persons interested in the tree, award to those persons such compensation as he thinks reasonable. (4) Such an award subject, where made 2* * * by any Executive Magistrate other than the District Magistrate, to revision by 3* * * the District Magistrate, 4* * *,shall be final. (5) A Civil Court shall not entertain a suit to recover compensation for any tree felled or otherwise dealt with under this section. CHAPTER IV (2) But rolling-stock shall not be moved upon
a railway by steam or other motive power until such general rules for
the |
Removal of trees dangerous to or obstructing the
working of a railway.
Right to use locomotive. |
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1. C.f the Regulation of Railways Act., 1868 (31 & 32 Vict., c. 24.
2. The words "in a presidency-town by any Magistrate other than the Chief
Presidency Magistrate or where made elsewhere" omitted by A.O., 1949,Sch.
3. The word "the Chief Presidency Magistrate, or" omitted, ibid.
4. The word" as the case may be "omitted, ibid.
5. C.f. the Railways Clauses Act, 1845 (8 & 9 Vict.,c.20).,s.86.
6. Subs. By A.O., 1964,Sch., for: safety controlling authority" which
had been subs. By A.O. 1937, for "G.G. in C".
7. For notifications sanctioning the use of motive power and rolling stock
on railway, sec. Different lacal R & O.
8. Subs. By P.O.No. 4 of 1975 art 2 and ibid.
9. Vide Federal Laws (Regulations & Declarations) Ordinance 1981.
10. Vide Federal Laws (Regulations & Declarations) Ordinance 1981.
11. Vide Federal Laws (Regulations & Declarations) Ordinance 1981.
12. Vide Railways (Amendment) Act, 1995.
Railways [1890 : Act IX
(Chapter IV.- Opening of Railways)
railway as may be deemed to be necessary have been
made, sanctioned and published under this Act.
| Notice of intended opening of a railway.
Sanction of the Central Government a condition precedent to the opening of a railway. Procedure in sanctioning the opening of a railway. |
17. (1) Subject to the provisions of sub-section
(2), a railway administration shall, one month at least before it intends
to open any railway for the public carriage of passengers, give to the
1[Central Government] notice in writing of its intention.
(2) The 1[4 Federal Government ] may, in any case, if 2[it] thinks, fit, reduce the period of , or dispense with the notice mentioned in sub-section (1). 18. A railway shall not be opened for the public
carriage of passengers until the 1[4 Federal Government] in this behalf,
has by order sanctioned the opening thereof for that purpose. (a) that he has made a careful inspection of
the railway and rolling-stock ; |
1. Subs. By A.O. 1949,Sch., for "Safety controlling
authority" which had been subs. By A.O.1937, for "G.G in C".
2. Subs. By A.O. 1937, for " G.G. in C".
3. C.f the Railway Regulation Act, 1842 (5 & 6 Vict.,c.55),S.16.
4. Subs. By P.O. No 4 of 1975 art. 2 and Sch.
1890: Act IX] Railways
(Chapter IV ;-Opening of Railways)
|
XI of 1886. |
1(2) if in the opinion of the Inspector
the railway cannot be so opened without danger to the shall that opinion,
together with the grounds therefore, to the 2[4 Federal Government] may
thereupon order the railway administration to postpone the opening of
the railway.
(3) An order under the last foregoing sub-section must set forth the requirements to be complied with as a condition precedent to the opening of the railway being sanctioned and shall direct the postponement of the opening of the railway until those requirements have been complied with or the 2[4Federal Government] thinks danger to the public using it. (4) The sanction given under this section may be either absolute or subject to such conditions as the 2[4Federal Government] thinks necessary for the safety of the public. (5) When sanction for the opening of a railway is given subject to conditions, and the railway administration fails to fulfill those conditions, the sanction shall be deemed to be void and the railway shall not be worked or used until the conditions are fulfilled to the satisfaction of the 2[4Federal Government]. 320. (1) The provisions of Sections 17,18 and 19 with respect to the opening of a railway shall extend to the opening of the works mentioned in sub-sections (2) when those works from part of, or are directly connected with, a railway used for the public carriage of passengers and have been constructed after the inspection which preceded the first opening of the railway. (2) The works referred to in Sub-section (1)
are additional lines of railway, deviation lines, stations, junctions
and crossings on the level, and any alteration or re-construction materially
affecting the structural character of any work to which the provisions
of sections 17,18 and 19 apply or are extended by this section. |
Applications of the provisions of the three last forgoing sections to material alterations of a railway.
|
Railways 1890: Act IX]
1. Cf. the Railway Regulation Act, 1842 (5 & 6 Vict.c. 55), s. 16.
2. Subs by A.O. 1949 Sch. For "safety controlling authority" which
had been subs. By A.O., 1937, for "G.G. in C".
3. Cf. the Regulation of Railway Act., 1871 (34 & 35 Vict., c.78) , s.5.
4. Subs by P.O. No. 4 of 1975,Art, 2 and Sch.
(Chapter IV ;-Opening of Railways)
|
Power to make rules with respect to the opening of railways. Power to close an opened railway.
|
have been rapidly stored to their original standard,
or a temporary diversion has been laid for the purpose of restoring communication
,the original line and works so restored, or the temporary diversion as
the case may be, may in the absence of the Inspector, be opened for the
public carriage of passengers, subject to the following conditions ,namely: a) that the railway servant in charge of the works under-taken by reason of the accident has certified in writing that the opening of the restored line and works, or of the temporary diversion, will not in this opinion be attended with danger to the public using the line and works or the diversion ; and b) that notice by telegraph of the opening of the line and works or the diversion shall be sent, as soon as may be, to the Inspector as appointed for the railway. 22. The 1[4Federal Government] may make rule defining the cases in which, and in those cases the extent to which, the procedure prescribed in Sections 17 to 20 (both inclusive) may be dispensed with. 23. (1) When, after inspecting any upon railway
used for the public carriage of passenger, or any rolling-stock used
thereon, an Inspector is of opinion that the use of the railway or of
any specified rolling-stock will be attended with danger to the public
using it, he shall state that opinion, together with the grounds therefore,
to the 1[4Federal Government] ; and the 1[4Federal Government] may thereupon
order that the railway be closed for the public carriage of passengers,
or that the use of the rolling-stock so specified be discontinued, or
that the railway or the rolling-stock so specified be used for the public
carriage of passengers on such conditions only as the 1[Central Government]
may consider necessary for the safety of the public. |
1890: Act IX] Railways
------------------------------------------------------------------------------------------------------------
1.Subs by A.O. 1949,Sch, for "safety controlling authority" which
had been subs. By A.O. 1937, for "G.G. in C".
2.For rules see Gen. R & O.
3.Cf. the railway Regulation Act, 1842 (5 & 6 Vict., c.55), S.16.
4.Subs. by P.O.No.4 of 1975 art 2 and Sch.
(Chapter IV ;-Opening of Railways Chapter V. Traffic
Facilities)
| (2) When the 1[8Federal Government] has ordered under the last foregoing section that the use of any specified rolling-stock be discontinued, that rolling-stock shall not be used until an Inspector has reported that it is fit for use and the 1[4Federa |