The Railways Act 1989, Section 130 to 136 Chapter XIV

Section 130 to 136 The Railways Act, 1989

130. Definitions.—In this Chapter, unless the context otherwise requires,—

(a) the employment of a railway servant is said to be “continuous” except when it is excluded or has been declared to be essentially intermittent or intensive;

(b) the employment of a railway servant is said to be “essentially intermittent” when it has been declared to be so by the prescribed authority on the ground that the daily hours of duty of the railway servant normally include periods of inaction aggregating to fifty percent. or more (including at least one such period of not less than one hour or two such periods of not less than half an hour each) in a tour of twelve hours duty (on the average over seventy-two consecutive hours), during which the railway servant may be on duty, but is not called upon to display either physical activity or sustained attention;

(c) the employment of a railway servant is said to be “excluded” if he belongs to any one of the following categories, namely:—

(i) railway servants employed in a managerial or confidential capacity;

(ii) armed guards or other personnel subject to discipline similar to that of any of the armed police forces;

(iii) staff of the railway schools imparting technical training or academic education;

(iv) such staff as may be specified as supervisory under the rules;

(v) such other categories of staff as may be prescribed;

(d) the employment of a railway servant is said to be “intensive” when it has been declared to be so by the prescribed authority on the ground that it is of a strenuous nature involving continued concentration or hard manual labour with little or no period of relaxation.

131. Chapter not to apply to certain railway servants. 

Nothing in this Chapter shall apply to any railway servant to whom the Factories Act, 1948 (63 of 1948) or the Mines Act, 1952 (35 of 1952) or the Railway Protection Force Act, 1957 (23 of 1957) or the Merchant Shipping Act, 1958 (44 of 1958), applies.

132. Limitation of hours of work. 

(1) A railway servant whose; employment is essentially intermittent shall not be employed for more than seventy-five hours in any week.

(2) A railway servant whose employment is continuous shall not be employed for more than fifty-four hours a week on an average in a two weekly period of fourteen days.

(3) A railway servant whose employment is intensive shall not be employed for more than forty-five hours a week on an average in a two weekly period of fourteen days.

(4) Subject to such rules as may be prescribed, temporary exemptions of railway servants from the provisions of sub-section (1) or sub-section (2) or sub-section (3), may made by the prescribed authority if it is of opinion that such temporary exemptions are necessary to avoid serious interference with the ordinary working of the railway or in cases of accident actual or threatened, or when argent work is required to be done to the railway or to rolling stock or in any emergency which could not have been foreseen or prevented. or in other cases of exceptional pressure of work:

Provided that where such exemption results in, the increase of hours of employment of a railway servant referred to in any of the sub-section, he shall be paid overtime at not less than two times his ordinary rate of pay for the excess hour of work. 

133. Grant of periodical rest. 

(1) Subject to the provisions of this section, a railway servant-

(a) whose employment is intensive or continuous shall, for every week commencing on a Sunday, be granted a rest of not less than thirty consecutive hours;

(b) whose employment is essentially intermittent shall for every week commencing on a Sunday, be granted a rest of not less than twenty-four consecutive hours including a full night.

(2) Notwithstanding anything contained in sub-section (1),-

(i) any locomotive or traffic running staff shall be granted, each month, a rest of at least four periods of not less than thirty consecutive hours each or at least five periods of not less than twenty-two consecutive hours each, including a full night;

(ii) the Central Government may, by rules, specify the railway servants to whom periods of rest on scales less than those laid down under sub-section (1) may be granted and the periods thereof.

(3) Subject to such rules as may be made in this behalf, if the prescribed authority is of the opinion that such circumstances as are referred to in sub-section (4) of section 132 are present it may exempt any railway servant from the provisions of sub-section (1) or clause (i) of sub-section (2):

Provided that a railway servant so exempted shall, in such circumstances as may be prescribed, be granted compensatory periods of rest for the periods he has foregone.

134. Railway servant to remain on duty. 

Nothing in this Chapter or the rules made thereunder shall, where due provision has been made for the relief of a railway servant, authorize him to leave his duty until he has been relieved.

135. Supervisors of railway labor. 

(1) Subject to such rules as may made in this behalf, the Central Government may appoint supervisors of railway labor.

(2) The duties of supervisors of railway labor shall be-

(i) to inspect railways in order to determine whether the provisions of this Chapter or of the rules made thereunder are duly observed; and

(ii) to perform such other functions as may be prescribed.

(3) A supervisor of railway labor shall be deemed to be a Commissioner for the purposes of sections 7 and 9.

136. Power to make rules in respect of matters in this Chapter.

(1) The Central Government may, by notification, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-

(a) the authorities who may declare the employment of any railway servant essentially intermittent or intensive ;

(b) the appeals against any such declaration and the manner in which, and the conditions subject to which any such appeal may be filed and heard ;

(c) the categories of staff that may be specified under sub-clauses (iv) and (v) of clause (c) of section 130 ;

(d) the authorities by whom exemptions under sub-section (4) of section 132 or sub-section (3) of section 133 may be made;

(e) the delegation of power by the authorities referred to in clause (d);

(f) the railway servants to whom clause (ii) of sub-section (2) of section 133 apply and the periods of rest to be granted to them;

(g) the appointment of supervisors of railway labor and their functions.

Railways Act, 1989

Act No. 24 of 1989

Contents
Sections	Particulars
Chapter I	Preliminary
1	Short title and commencement
2	Definitions
Chapter II	Railway Administrations
3	Zonal Railways
4	Appointment of General Manager
Chapter III	Commissioners of Railway Safety
5	Appointment of Chief Commissioner of Railway Safety and Commissioners of Railway Safety
6	Duties of Commissioner
7	Power of Commissioner
8	Commissioner to he public servant
9	Facilities to be afforded to Commissioners
10	Annual report of Commissioners
Chapter IV	Construction and Maintenance of Works
11	Power of railway administrations to execute all necessary works
12	Power to alter the position of pipe, electric supply fine, drain or sewer, etc.
13	Protection for Government property
14	Temporary entry upon land to remove obstruction, to repair or to prevent accident
15	Payment of amount for damage or loss
16	Accommodation works
17	Power of owner, occupier, State Government or local authority to cause additional accommodation works to be made
18	Fences, gates and bars
19	Over-bridges and under-bridges
20	Power of Central Government to give directions for safety
Chapter V	Opening of Railways
21	Sanction of the Central Government to the opening of railway
22	Formalities to be complied with before giving sanction to the opening of a railway
23	Sections 21 and 22 to apply to the opening of certain works
24	Temporary suspension of traffic
25	Power to close railway opened for the public carriage of passengers
26	Re-opening of closed railway
27	Use of rolling stock
28	Delegation of powers
29	Power to make rules in respect of matters in this Chapter
Chapter VI	Fixation of Rates
30	Power to fix rates
31	Power to classify commodities or alter rates
32	Power of railway administration to charge certain rates
Chapter VII	Railway Rates Tribunal
33	Constitution of the Railway Rates Tribunal
34	Staff of the Tribunal
35	Sittings of the Tribunal
36	Complaints against a railway administration
37	Matters not within the jurisdiction of the Tribunal
38	Powers of the Tribunal
39	Reference to the Tribunal
40	Assistance by the Central Government
41	Burden of proof, etc.
42	Decision, etc., of the Tribunal
43	Bar of jurisdiction of courts
44	Relief’s which the Tribunal may grant
45	Revision of decisions given by the Tribunal
46	Execution of decisions or orders of the Tribunal
47	Report of the Central Government
48	Power of the Tribunal to make regulations
Chapter VIII	Carriage of Passengers
49	Exhibition of certain timings and Tables of fires at stations
50	Supply of tickets on payment of fare
51	Provision for case in which ticket is issued for class or train not having accommodation for additional passengers
52	Cancellation of ticket and refund
53	Prohibition against transfer of certain tickets
54	Exhibition and surrender of passes and ticket
55	Prohibition against traveling without pass or ticket
56	Power to refuse to carry persons suffering from infections or contagious diseases
57	Maximum number of passengers for each compartment
58	Earmarking of compartment, etc., for ladies
59	Communication between passengers and railway servant in charge of train
60	Power to make rule in respect of matters in this Chapter
Chapter IX	Carriage of Good
61	Maintenance of rate-books, etc., for carriage of goods
62	Conditions for receiving, etc., of goods
63	Provision of risk rate
64	Forwarding note
65	Railway receipt
66	Power to require statement relating to the description of goods
67	Carriage of dangerous or offensive goods
68	Carriage of animals suffering from infectious or contagious diseases
69	Deviation of route
70	Prohibition of undue preference
71	Power to give direction in regard to carriage of certain goods
72	Maximum carrying capacity for wagons and trucks
73	Punitive charge for overloading a wagon
74	Passing of property in the goods covered by railway receipt
75	Section 74 not to affect right of stoppage in transit or claims for freight
76	Surrender of railway receipt
77	Power of railway administration to deliver goods or sale proceeds thereof in certain cues
78	Power to measure, weigh, etc.
79	Weighment of consignment on request of the consignee or endorsee
80	Liability of railway administration for wrong delivery
81	Open delivery of consignments
82	Partial delivery of consignments
83	Lien for freight or any other sum due
84	Unclaimed consignment
85	Disposal of perishable consignments in certain circumstances
86	Sales under sections 83 to 85 not to affect the right to suit
87	Power to make rules in respect of matters in this Chapter
Chapter X	Special Provisions as to Goods Booked to Notified Stations
88	Definitions
89	Power to declare notified stations
90	Disposal of unremoved goods at notified stations
91	Price to he paid to person entitled after deducting dues
92	Power to make rules in respect of matters in this Chapter
Chapter XI	Responsibilities tf Railway Administrations as Carriers
93	General responsibility of a railway administration as carrier of goods
94	Goods to be loaded or delivered at a siding not belonging to a railway administration
95	Delay or retention in transit
96	Traffic passing over railways in India and railways in foreign countries
97	Goods carried at owner's risk rate
98	Goods in defective condition or defectively packed
99	Responsibility of a railway administration after termination of transit
100	Responsibility as carrier of luggage
101	Responsibility as a carrier of animals
102	Exoneration from liability in certain cases
103	Extent of monetary liability in respect of any consignment
104	Extent of liability in respect of goods carried in open wagon
105	Right, of railway administration to cheek contents of certain consignment or luggage
106	Notice of claim for compensation and refund of over charge
107	Applications for compensation for loss, etc., of goods
108	Person entitled to claim compensation
109	Railway administration against which application for the compensation for personal injury is to be filed
110	Burden of proof
111	Extent of liability of railway administration in respect of accidents at sea
112	Power to make rules in respect of matters in this Chapter
Chapter XII	Accident
113	Notice of railway accident
114	Inquiry by Commissioner
115	Inquiry by railway administration
116	Powers of Commissioner in relation to inquiry
117	Statement made before Commissioner
118	Procedure, etc.
119	No inquiry, investigation, etc., to he made if the Commission of inquiry is appointed
120	Inquiry into accident not covered by section 113
121	Returns
122	Power to make rules in respect of matters in this Chapter
Chapter XIII	Liability of Railway Administration for Death and Injury to Passengers Due to Accident
123	Definitions
124	Extent of liability
124A	Compensation on account of untoward incidents
125	Application for compensation
126	Interim relief by railway administration
127	Determination of compensation in respect of any injury or loss of goods
128	Saying as to certain rights
129	Power to make rules in respect of matters in this Chapter
Chapter XIV	Regulation of Hours of Work and Period of Rest
130	Definitions
131	Chapter not to apply to certain railway servants
132	Limitation of hours of work
133	Grant of periodical rest
134	Railway servant to remain on duty
135	Supervisors of railway labor
136	Power to make rules in respect of matters in this Chapter
Chapter XV	Penalties and Offences
137	Fraudulently traveling or attempting to travel without proper pass or ticket
138	Levy of excess charge and fare for traveling without proper pass or ticket or beyond authorized distance
139	Power to remove persons
140	Security for good behavior in certain cases
141	Needlessly interfering with means of communication in a train
142	Penalty for transfer of tickets
143	Penalty for unauthorized carrying on of business of procuring and supplying of railway tickets
144	Prohibition on hawking, etc., and begging
145	Drunkenness or nuisance
146	Obstructing railway servant in his duties
147	Trespass and refusal to desist from trespass
148	Penalty for making a false statement in an application for compensation
149	Making a false claim for compensation
150	Maliciously wrecking or attempting to wreck a train
151	Damage to or destruction of certain railway properties
152	Maliciously hurting or attempting to hurt persons traveling by railway
153	Endangering safety of persons traveling by railway by willful act or omission
154	Endangering safety of persons traveling by railway rash or negligent act or omission
155	Entering into compartment reserved or resisting entry into a compartment not reserved
156	Traveling on roof, step or engine of a train
157	Altering or defacing pass or ticket
158	Penalty for contravention of any of the provision of Chapter XIV
159	Disobedience of drivers or conductors of vehicles to directions of railway servant, etc.
160	Opening or breaking a level crossing gate
161	Negligently crossing unmanned level crossing
162	Entering carriage or other place reserved for females
163	Giving false account of goods
164	Unlawfully bringing dangerous goods on a railway
165	Unlawfully bringing offensive goods on a railway
166	Defacing public notices
167	Smoking
168	Provision with respect to commission of offence by the children of acts endangering safety of person traveling on railway
169	Levy of penalty on non-Government railway
170	Recovery of penalty
171	Section 169 or 170 not to preclude Central Government from taking any other action
172	Penalty for intoxication
173	Abandoning train, etc., without authority
174	Obstructing running of train, etc.
175	Endangering the safety of persons
176	Obstructing level crossing
177	False returns
178	Making a false report by a railway servant
179	Arrest for offences under certain sections
180	Arrest of persons likely to abscond, etc.
181	Magistrate having jurisdiction under the Act
182	Place of trial
Chapter XVI	Miscellaneous
183	Power to provide other transport services
184	Taxation on railways by local authorities
185	Taxation on railways for advertisement
186	Protection of action taken in good faith
187	Restriction on execution against railway property
188	Railway servants to be public servants for the purposes of Chapter IX and section 409 of the Indian Penal Code
189	Railway servants not to engage in trade
190	Procedure for delivery to railway administration of property detained by a railway servant
191	Proof of entries in records and documents
192	Service of notice, etc., on railway administration
193	Service of notice, etc., by railway administration
194	Presumption where notice is served by post
195	Representation of railway administration
196	Power to exempt railway from Act
197	Matters supplemental to the definitions of "railway" and "railway servant"
198	General power to make rules
199	Rules to be laid before Parliament
200	Repeal and saving