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In forceACT NO. IX OF 1890 · 21st March, 1890

The Railways Act, 1890

১. রেলওয়ে আইন, ১৮৯০

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

Contents

  1. PreamblePreamble

Chapter I PRELIMINARY

  1. Section 1Title, extent and commencement
  2. Section 2[Repealed]Repealed
  3. Section 3Definitions

Chapter II INSPECTION OF RAILWAY

  1. Section 4Appointment and duties of Inspectors
  2. Section 5Powers of Inspectors
  3. Section 6Facilities to be afforded to Inspectors

Chapter III CONSTRUCTION AND MAINTENANCE OF WORKS

  1. Section 7Authority of railway administrations to execute all necessary works
  2. Section 8AProtection for Government property
  3. Section 8Alteration of pipes, wires and drains
  4. Section 9Temporary entry upon land for repairing or preventing accident
  5. Section 10Payment of compensation for damage caused by lawful exercise of powers under the foregoing provisions of this Chapter
  6. Section 11Accommodation works
  7. Section 12Power for owner-occupier orlocal authority to cause additional accommodation works to be made
  8. Section 13Fences, screens, gates and bars
  9. Section 14Over and under bridges
  10. Section 15Removal of trees dangerous to or obstructing the working of the railway

Chapter IV OPENING OF THE RAILWAY

  1. Section 16Right to use locomotives
  2. Section 17Notice of intended opening of the railway
  3. Section 18Sanction of the government a condition precedent to the opening of the railway
  4. Section 19Procedure in sanctioning the opening of the railway
  5. Section 20Application of the provisions of the three last foregoing sections to material alterations of the railway
  6. Section 21Exceptional provision
  7. Section 22Power to make rules with respect to the opening of railways
  8. Section 23Power to close an opened railway
  9. Section 24Re-opening of a closed railway
  10. Section 25Delegation of powers under this Chapter to Inspectors

Chapter V TRAFFIC FACILITIES

  1. Section x27[Repealed]Repealed
  2. Section 41Bar of jurisdiction of ordinary Courts in certain matters
  3. Section 42Duty of railway administrations to arrange for receiving and forwarding traffic without unreasonable delay and without partiality
  4. Section 42AProhibition of undue preference
  5. Section 42BPowers of the Government to fix maximum and minimum rates
  6. Section 43Undue preference in case of unequal rates for like traffic for services
  7. Section 44Provision for facilities and equal treatment where ships or boats are used which are not parts of the railway
  8. Section 45Terminals
  9. Section 46Power of Government to fix terminals
  10. Section 46ADecisions in accordance with this Chapter shall be binding
  11. Section 46B[Omitted]Repealed

Chapter VI WORKING OF RAILWAYS

  1. Section 47General rules
  2. Section 52Returns
  3. Section 53Maximum load for wagons
  4. Section 54Power for railway administrations to impose conditions for working traffic
  5. Section 55Lien for rates, terminals and other charges
  6. Section 56Disposal of unclaimed things on the railway
  7. Section 57Power for the railway administrations to require indemnity on delivery of goods in certain cases
  8. Section 58Requisitions for written accounts of description of goods
  9. Section 59Dangerous or offensive goods
  10. Section 60Exhibition to the public of authority for quoted rates
  11. Section 61Requisitions on the railway administrations for details of gross charges
  12. Section 62Communication between passengers and the railwayservants in charge of trains
  13. Section 63Maximum number of passengers for each compartment
  14. Section 64Reservation of Compartments for females
  15. Section 65Exhibition of time-tables and tables of fares at stations
  16. Section 66Supply of tickets on payment of fares
  17. Section 67Provision for case in which tickets have been issued for trains not having room available for additional passengers
  18. Section 68Prohibition against travelling without pass or ticket
  19. Section 69Exhibition and surrender of passes and tickets
  20. Section 70Return and season tickets
  21. Section 71Power to refuse to carry persons suffering from infectious or contagious disorder

Chapter VIA LIMITATION OF EMPLOYMENT OF THE RAILWAY SERVANTS

  1. Section 71ADefinitions
  2. Section 71B[Omitted]Repealed
  3. Section 71CLimitation of hours of work
  4. Section 71DGrant of periodical rest
  5. Section 71EPower to make rules
  6. Section 71FRailway servant to remain on duty
  7. Section 71GSupervisors of Railway Labour
  8. Section 71HPenalty

Chapter VII RESPONSIBILITY OF THE RAILWAY ADMINISTRATIONS AS CARRIERS

  1. Section 72Measure of the general responsibility of the railway administration as a carrier of animals and goods
  2. Section 73Further provision with respect to the liability of the railway administration as a carrier of animals
  3. Section 74Further provision with respect to the liability of the railway administration as a carrier of luggage
  4. Section 75Further provision with respect to the liability of the railway administration as a carrier of articles of special value
  5. Section 76Burden of proof in suits in respect of loss of animals or goods
  6. Section 77Notification of claims to refunds of overcharges and to compensation for losses
  7. Section 78Exoneration from responsibility in case of goods falsely described
  8. Section 79Settlement of compensation for injuries to officers, soldiers, airmen and followers on duty
  9. Section 80Suits for compensation for injury to through-booked traffic
  10. Section 81[Repealed]Repealed
  11. Section 82Limitation of liability of the railway administration in respect of accidents at sea
  12. Section 82ALiability of the Railway Administration in respect of accidents to trains carrying passengers

Chapter VIII ACCIDENTS

  1. Section 83Report of the railway accidents
  2. Section 84Power to make rules regarding notices of and inquiries into accidents
  3. Section 85Submission of return of accidents
  4. Section 86Provision for compulsory medical examination of person injured in the railway accident

Chapter IX PENALTIES AND OFFENCES

  1. Section x83[Omitted]Repealed
  2. Section 99Breach of duty imposed by section 60
  3. Section 100Drunkenness
  4. Section 101Endangering the safety of persons
  5. Section 102Compelling passengers to enter carriages already full
  6. Section 103Omission to give notice of accident
  7. Section 104Obstructing level-crossings
  8. Section 105False returns
  9. Section 106Giving false account of goods
  10. Section 107Unlawfully bringing dangerous or offensive goods upon the railway
  11. Section 108AAlighting from a train at a place not fixed for the purpose
  12. Section 108Needlessly interfering with means of communication in a train
  13. Section 109Entering compartment reserved or already full or resisting entry into a compartment not full
  14. Section 110Smoking
  15. Section 111Defacing public notices
  16. Section 112Fraudulently travelling or attempting to travel without proper pass or ticket
  17. Section 113APower to remove persons from the railway carriage
  18. Section 113Travelling without pass or ticket or with insufficient pass or ticket of beyond authorised distance
  19. Section 114Transferring any half of return ticket
  20. Section 115Disposal of fines under the two last foregoing sections
  21. Section 116Altering or defacing pass or ticket
  22. Section 117Being or suffering person to travel on railway with infectious or contagious disorder
  23. Section 118Entering carriage in motion, or otherwise improperly travelling on the railway
  24. Section 119Entering carriage or other place reserved for females
  25. Section 120Drunkenness or nuisance on the railway
  26. Section 121Obstructing railway servant in his duty
  27. Section 122Trespass and refusal to desist from trespass
  28. Section 123Disobedience of omnibus drivers to directions of the railway servants
  29. Section 124Opening or not properly shutting gates
  30. Section 125Cattle-trespass
  31. Section 126Maliciously wrecking or attempting to wreck a train
  32. Section 127Maliciously hurting or attempting to hurt persons travelling by the railway
  33. Section 128Endangering safety of persons travelling by the railway by wilful act or omission
  34. Section 129Endangering safety or persons travelling by the railway by rash or negligent act or omission
  35. Section 130APower to detain and search in cases of suspected theft
  36. Section 130Special provision with respect to the commission by children of acts endangering safety of persons travelling by the railway
  37. Section 131Arrest for offences against certain sections
  38. Section 132Arrest of persons likely to abscond or unknown
  39. Section 133Magistrates having jurisdiction under Act
  40. Section 134Place of trial

Chapter X SUPPLEMENTAL PROVISIONS

  1. Section 135Taxation of railways by local authorities
  2. Section 136Restriction on execution against the railway property
  3. Section 137The railway servants to be public servants for the purposes of Chapter IX of the Penal Code
  4. Section 138Procedure for summary delivery to the railway administration of property detained by the railway servant
  5. Section 139[Repealed]Repealed
  6. Section 140Service of notices on the railway administrations
  7. Section 141Service of notices by the railway administrations
  8. Section 142Presumption where notice is served by post
  9. Section 143Provisions with respect to rules
  10. Section 144[Omitted]Repealed
  11. Section 145Representation of Managers and Agents of the Railways in Courts
  12. Section 146[Omitted]Repealed
  13. Section 147Power to exempt the railway from the operation of the provisions of the Act
  14. Section 148Matters supplemental to the definitions of “the railway” and “the railway servant”
  15. Section 149[Repealed]Repealed
  16. Section 150[Repealed]Repealed

Schedules

  1. First ScheduleFirst Schedule
  2. Second ScheduleARTICLES TO BE DECLARED AND INSURED