2.3 PENALITIES OFFENCES UNDER THE RAILWAYS ACT,1989.pptx

railways act , 1989

1. DISCOVER . LEARN . EMPOWER INSTITUTE OF LEGAL STUDIES SUBJECT : LAW OF CARRIAGE COURSE COORDINATOR : SHWETA KATOCH 1

2. Course Name: LAW OF CARRIAGE ( UNIT 2.3 - THE RAILWAYS ACT,1989) F IG 1 2

3. The Railways Act is a cornerstone legislation within the broader domain of the law of carriage, which encompasses the legal principles governing the transportation of goods and passengers. This Act provides a comprehensive regulatory framework for the operation, management, and responsibilities of railway services. It establishes the duties of railway companies, the rights and obligations of passengers, and the legal parameters for the transportation of goods, thus ensuring an orderly and efficient railway system. Under the Railways Act, railway companies are mandated to maintain high standards of safety and service. This includes regular maintenance of infrastructure, adherence to safety protocols, and providing transparent information on schedules and fares. The Act ensures that passengers are treated fairly, safeguarded during their travel, and compensated in case of delays or accidents. For the carriage of goods, it specifies procedures for booking, handling, and delivery, and delineates the liability of railway companies for any loss, damage, or delay during transit. The Act also emphasizes the importance of regulatory oversight by establishing bodies responsible for monitoring compliance with safety and operational standards. It prescribes the legal obligations of railway operators to maintain infrastructure and provide reliable services. In terms of liability, the Act outlines the conditions under which railway companies are responsible for accidents, injuries, or damages, including provisions for compensation to affected parties. In essence, the Railways Act is integral to the law of carriage, setting out the legal framework for the safe and efficient transportation of passengers and goods by rail. It harmonizes the interests of railway operators, passengers, and consignors, ensuring that the rights of all parties are protected and that the railway system operates smoothly and safely. By defining clear responsibilities and liabilities, the Act fosters a reliable and accountable railway transportation system.

4. SECTIONS 2 (2) “carriage” means the carriage of passengers or goods by a railway administration; (3) “Claims Tribunal” means the Railway Claims Tribunal established under section 3 of the Railway Claims Tribunal Act, 1987 (54 of 1987); (6) “Commissioner” means the Chief Commissioner of Railway Safety or the Commissioner of Railway Safety appointed under section 5; (7) “commodity” means a specific item of goods; 3 [ (8) “consignee” means the person named as consignee in a railway receipt; (9) “consignment” means goods entrusted to a railway administration for carriage; (10) “consignor” means the person, named in a railway receipt as consignor, by whom or on whose behalf goods covered by the railway receipt are entrusted to a railway administration for carriage; (12) “endorsee” means the person in whose favour an endorsement is made, and in the case of successive endorsements, the person in whose favour the last endorsement is made; (13) “endorsement” means the signing by the consignee or the endorsee after adding a direction on a railway receipt to pass the property in the goods mentioned in such receipt to a specified person;

5. CONTD… (14) “fare” means the charge levied for the carriage of passengers; (15) “ferry” includes a bridge of boats, pontoons or rafts, a swing bridge, a fly-bridge and a temporary bridge and the approaches to, and landing places of, a ferry; (16) “forwarding note” means the document executed under section 64; (17) “freight” means the charge levied for the carriage of goods including transhipment charges, if any; (19) “goods” includes— ( i ) containers, pallets or similar articles of transport used to consolidate goods; and (ii) animals; (23) “luggage” means the goods of a passenger either carried by him in his charge (28) “pass” means an authority given by the Central Government or a railway administration to a person allowing him to travel as a passenger, but does not include a ticket; (29) “passenger” means a person travelling with a valid pass or ticket; 2 [(29A) “ person interested” includes,— ( i ) all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; (ii) tribals and other traditional forest dwellers, who have lost any or entrusted to a railway administration for carriage; (iii) a person interested in an easement affecting the land; and (iv) persons having tenancy rights under the relevant State laws;] (40) “Tribunal” means the Railway Rates Tribunal constituted under section 33; (41) “wharfage” means the charge levied on goods for not removing them from the railway after the expiry of the free time for such removal;

6. The primary purpose of the Railways Act under the law of carriage is to ensure the safe and efficient transportation of passengers and goods by rail. This legislation establishes a comprehensive legal framework that promotes stringent safety standards and operational protocols. By doing so, the Act aims to minimize accidents and service disruptions, fostering a trustworthy and reliable railway system. This safety focus not only protects passengers and goods but also enhances public confidence in rail transport as a secure mode of travel and freight movement. Another key objective of the Railways Act is to clearly define the rights and responsibilities of all parties involved in railway operations. This includes railway companies, passengers, and consignors and consignees of goods. By delineating these roles and obligations, the Act helps prevent disputes and ensures that all stakeholders understand their duties and entitlements. This clarity leads to smoother operations, better service delivery, and fair treatment for all users of railway services. The Act also seeks to regulate the operations of railway services comprehensively. It provides detailed guidelines on various aspects of railway management, including scheduling, fare structures, and the quality of service. These regulations ensure that railway services are conducted in a consistent, fair, and transparent manner. Effective regulation under the Act promotes accountability among railway operators and enhances the overall efficiency and reliability of the railway network. Establishing clear liability and compensation mechanisms is another critical purpose of the Railways Act. It outlines the conditions under which railway companies are liable for losses, damages, and injuries, and specifies the procedures for compensating affected parties. This legal framework ensures accountability in the event of accidents or service failures and provides a structured process for redress. By protecting the interests of passengers and goods owners, the Act fosters a sense of security and trust in railway services. Finally, the Railways Act aims to promote the sustainable and equitable development of railway infrastructure and services. It encourages continuous improvement to meet the growing demands of commerce and public transportation. By supporting equitable access and development, the Act contributes to economic growth and social progress. This sustainability focus ensures that rail transport remains a viable and attractive option for a diverse range of users, from daily commuters to large-scale freight movers.

7. SCOPE & OBJECTIVE 1. Regulation and Administration of Railway Services -The Railways Act covers all aspects of railway operations, including the management of railway companies, infrastructure, and services. Objective: To provide a structured and efficient framework for the administration and regulation of railway services, ensuring they operate in a safe, reliable, and cost-effective manner. 2. Protection of Passenger Rights and Safety : The Act addresses the rights and responsibilities of passengers, including issues related to ticketing, safety, and compensation. Objective: To safeguard passengers by ensuring fair treatment, safety during travel, and compensation for delays, accidents, or service failures, thereby enhancing the overall passenger experience. 3. Regulation of Freight and Goods Transport -The Act encompasses the rules and procedures for the carriage of goods, including booking, handling, delivery, and liability for loss or damage. Objective: To facilitate the efficient and secure transport of goods by rail, ensuring that consignors and consignees are protected and that the railway's liability is clearly defined and limited. 4. Establishment of Liability and Compensation Framework : The Act outlines the conditions under which railway companies are liable for accidents, injuries, and damages, including compensation provisions. Objective: To establish a clear liability framework that holds railway companies accountable for incidents while providing a mechanism for compensation to affected parties, promoting fairness and responsibility. 5 . Promotion of Safety and Maintenance Standards : The Act mandates regular inspections, maintenance of infrastructure, and adherence to safety protocols across all railway operations. Objective: To ensure high safety standards are maintained, reducing the risk of accidents and enhancing the overall safety of both passengers and goods, thereby promoting public confidence in railway services.

8. Carriage of Passengers

9. CHAPTER VIII : CARRIAGE OF PASSENGERS SECTION 49: Exhibition of certain timings and tables of fares at stations.— Every railway administration shall cause to be pasted in a conspicuous and accessible place at every station in Hindi and English and also in the regional language commonly in use in the area where the station is situated,— ( i ) a table of times of arrival and departure of trains which carry passengers and stop at that station; and (ii) list of fares from such station to such other stations as it may consider necessary. At every station where tickets are issued to passengers, a copy of the time table in force shall be kept in the office of the station master. SECTION 50: Supply of tickets on payment of fare.— Any person desirous of travelling on a railway shall, upon payment of the fare, be supplied with a ticket by a railway servant or an agent authorised in this behalf and such ticket shall contain the following particulars, namely:— ( i ) the date of issue; (ii) the class of carriage; (iii) the place from and the place to which it is issued; and (iv) the amount of the fare. Every railway administration shall display the hours during which booking windows at a station shall be kept open for the issue of tickets to passengers .

10. CONTD… (3) The particulars required to be specified on a ticket under clauses (ii) and (iii) of sub-section (1) shall,— (a) if it is for the lowest class of carriage, be set forth in Hindi, English and the regional language commonly in use at the place of issue of the ticket; and (b) if it is for any other class of carriage, be set forth in Hindi and English: Provided that where it is not feasible to specify such particulars in any such language due to mechanisation or any other reason, the Central Government may exempt such particulars being specified in that language. SECTION 53: Prohibition against transfer of certain tickets .—A ticket issued in the name of a person shall be used only by that person: Provided that nothing contained in this section shall prevent mutual transfer of a seat or berth by passengers travelling by the same train: Provided further that a railway servant authorised in this behalf may permit change of name of a passenger having reserved a seat or berth subject to such circumstances as may be prescribed. SECTION 54: Exhibition and surrender of passes and tickets.— Every passenger shall, on demand by any railway servant authorised in this behalf, present his pass or ticket to such railway servant for examination during the journey or at the end of the journey and surrender such ticket— (a) at the end of the journey, or (b) if such ticket is issued for a specified period, on the expiration of such period. SECTION 55: Prohibition against travelling without pass or ticket .—(1) No person shall enter or remain in any carriage on a railway for the purpose of travelling therein as a passenger unless he has with him a proper pass or ticket or obtained permission of a railway servant authorised in this behalf for such travel. (2) A person obtaining permission under sub-section (1) shall ordinarily get a certificate from the railway servant referred to in that sub-section that he has been permitted to travel in such carriage on condition that he subsequently pays the fare payable for the distance to be travelled.

11. Carriage of Goods, Responsibilities of Railway Administrations as carriers

12. Carriage of Goods Under the Railways Act The Railways Act provides a structured legal framework for the carriage of goods, detailing the responsibilities and liabilities of railway administrations. The Act mandates that railway administrations offer fair and transparent procedures for the booking, handling, and transportation of goods. This includes clearly defined processes for consignors to book cargo, ensuring that all necessary documentation is provided and that goods are accurately described. The Act also outlines the obligations of railway administrations to handle goods with care, providing adequate facilities for loading, unloading, and secure storage during transit. In addition to handling and transport procedures, the Railways Act specifies the conditions under which goods are to be delivered to the consignee. It ensures that goods are delivered in a timely manner, adhering to the agreed schedules, and stipulates the steps to be taken in case of delays. The Act also sets out the circumstances under which the railway administration may refuse to carry certain goods, particularly if they are hazardous or improperly packed, thereby ensuring the safety of both railway operations and other consignments.

13. Responsibilities of Railway Administrations as Carriers The Railways Act imposes several key responsibilities on railway administrations in their role as carriers. First and foremost, railway administrations are responsible for ensuring the safety and security of both passengers and goods. This involves maintaining high standards of safety in all operations, from track maintenance to train operations, and ensuring that all safety regulations are rigorously followed. Railway administrations must conduct regular inspections and maintenance of infrastructure and rolling stock to prevent accidents and ensure reliable service. Furthermore, railway administrations are tasked with providing transparent and fair services. This includes publishing detailed schedules, fare structures, and conditions of carriage, and ensuring that these are accessible to all users. They must also offer a mechanism for handling complaints and disputes, providing passengers and consignors with avenues for redress in case of service failures or grievances. The Act also requires railway administrations to compensate for losses or damages that occur during transit, holding them liable under specified conditions to ensure accountability and fairness. Additionally, railway administrations have a duty to continuously improve their services to meet the evolving needs of their users. This involves upgrading infrastructure, adopting new technologies, and improving service efficiency and quality. By doing so, they not only enhance their service offerings but also contribute to the broader goal of sustainable and equitable development of the railway sector. This focus on continuous improvement ensures that railway services remain competitive and capable of supporting economic and social growth. In summary, under the Railways Act, the carriage of goods is meticulously regulated to ensure safety, reliability, and fairness. Railway administrations, as carriers, bear significant responsibilities to maintain these standards, ensuring that their operations are conducted in a manner that protects the interests of all stakeholders involved in railway transportation.

14. CHAPTER XIII LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERS DUE TO ACCIDENTS

15. SECTION 123 Definitions In this Chapter, unless the context otherwise requires,— (a) “accident” means an accident of the nature described in section 124; (b) “ dependant ” means any of the following relatives of a deceased passenger, namely:— ( i ) the wife, husband, son and daughter, and in case the deceased passenger is unmarried or is a minor, his parent; (ii) the parent, minor brother or unmarried sister, widowed sister, widowed daughter-in-law and a minor child of a pre-deceased son, if dependant wholly or partly on the deceased passenger; (iii) a minor child of a pre-deceased daughter, if wholly dependant on the deceased passenger; (iv) the paternal grand parent wholly dependant on the deceased passenger; (c) “untoward incident” means— (1) ( i ) the commission of a terrorist act within the meaning of sub-section (1) of section (3) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or (ii) the making of a violent attack or the commission of robbery or dacoity; or (iii) the indulging in rioting, shoot-out or arson, by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or (2) the accidental falling of any passenger from a train carrying passengers.]

16. SECTION 124 Extent of liability When in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or has suffered a loss to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, sustained as a result of such accident.

17. SECTION 124A Compensation on account of untoward incidents When in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependant of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only of loss occasioned by the death of, or injury to, a passenger as a result of such untoward incident: Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to— (a) suicide or attempted suicide by him; (b) self-inflicted injury; (c) his own criminal act; (d) any act committed by him in a state of intoxication or insanity; (e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident.

18. CHAPTER XV PENALTIES AND OFFENCES

19. SECTION 137 Fraudulently travelling or attempting to travel without proper pass or ticket. If any person, with intent to defraud a railway administration,— (a) enters or remains in any carriage on a railway or travels in a train in contravention of section 55, or (b) uses or attempts to use a single pass or a 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 punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of five hundred rupees. The person referred to in sub-section (1) shall also be liable to pay the excess charge mentioned in sub-section (3) in addition to the ordinary single fare for the distance which he has travelled, or where there is any doubt as to the station from which he started, 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 so examined or, in case of their having been examined more than once, were last examined. The excess charge referred to in sub-section (2) shall be a sum equal to the ordinary single fare referred to in that sub-section or 1 [two hundred and fifty rupees], whichever is more. (4) Notwithstanding anything contained in section 65 of the Indian Penal Code (45 of 1960), the court convicting an offender may direct that the person in default of payment of any fine inflicted by the court shall suffer imprisonment for a term which may extend to six months.

20. CONTD… Section 138 - Levy of Excess Charge and Fare for Travelling without Proper Pass or Ticket or Beyond Authorized Distance: Offence: Travelling without a valid ticket, or beyond the distance for which a ticket is held, or in a higher class than for which a ticket is held. Penalty: Payment of the excess charge and fare for the distance traveled, and additional penalty as prescribed. Section 141 - Needlessly Interfering with Means of Communication in a Train: Offence: Interfering with the means of communication provided in a train without reasonable and sufficient cause. Penalty: A fine which may extend to the prescribed amount or imprisonment for a term which may extend to one year, or both. Section 142 - Penalty for Transfer of Tickets: Offence: Transferring or reselling any railway ticket with the intention of enabling another person to travel. Penalty: A fine which may extend to the prescribed amount or imprisonment for a term which may extend to three months, or both. Section 145 - Drunkenness or Nuisance on a Railway: Offence: Being in a state of intoxication, committing any nuisance or act of indecency, or using abusive or obscene language on a railway. Penalty: A fine which may extend to the prescribed amount or imprisonment for a term which may extend to six months, or both. Section 156 - Traveling on Roof, Step, or Engine of a Train: Offence: Traveling or attempting to travel on the roof, step, or engine of any train. Penalty: A fine which may extend to the prescribed amount or imprisonment for a term which may extend to three months, or both.

21. DISCUSSION POINTS Liability provisions outlined in the Railways Act for accidents resulting in injury or death, and discussing their adequacy in providing compensation to affected parties. Challenges in implementing liability and compensation frameworks, such as determining fault in accidents and ensuring timely and fair compensation to victims. Strategies to promote environmental sustainability in railway operations, such as transitioning to cleaner energy sources, reducing waste generation, and mitigating environmental risks. Role of technology and digitalization in transforming railway operations and services, including areas like automation, data analytics, and smart infrastructure. Challenges and opportunities in adopting new technologies, such as cybersecurity risks, workforce training, and regulatory compliance.

22. CONCLUSION The Railways Act,1989 provides a structured framework for the regulation and classification of carriers in the transportation industry. The Act distinguishes between common carriers and other types of carriers, ensuring that each category adheres to specific legal requirements and responsibilities. Common carriers, in particular, are obligated to serve the public without discrimination and must follow stringent regulations to ensure the safe and efficient transport of goods. This classification is vital for maintaining a standardized approach to road transport, ensuring accountability, and protecting the interests of both carriers and consignees. 22

23. Textbook & links Law of Carriage by Road" by Avtar Singh The Carriage by Road Act, 2007: Commentary on the Act with Rules by Surya Prakash Misra The Law of Carriage of Goods by Road and Multimodal Transport" by Baris Soyer and Andrew Tettenborn https://youtu.be/OLVJ28lf0tM?feature=shared https://youtu.be/IByvnxHjloA?feature=shared https://youtu.be/OLVJ28lf0tM?feature=shared 23

24. THANK YOU 24