The Railways Act, 1989
Administered Ministry: Ministry of Railways
Section
Section 20J Right to enter into land where land has vested in Central Government.
1[20J. Right to enter into land where land has vested in Central Government.-- Where the land has vested in the Central Government under section 20E, it shall be lawful for any person authorised by the Central Government in this behalf, to enter and do other act necessary upon the land for carrying out the building, maintenance, management or operation of the special railway project or part thereof or any other work connected therewith.]
1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)
Section 20K Competent authority to have certain powers of civil court.
1[20K. Competent authority to have certain powers of civil court.-- The competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commission for examination of witnesses.]
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commission for examination of witnesses.]
1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)
Section 20L Utilisation of land for the purpose it is acquired.
1[20L. Utilisation of land for the purpose it is acquired. --(1) The land acquired under this Act shall not be transferred to any other purpose except for a public purpose, and after obtaining the prior approval of the Central Government.
(2) When any land or part thereof, acquired under this Act remains unutilised for a period of five years from the date of taking over the possession, the same shall return to the Central Government by reversion.]
(2) When any land or part thereof, acquired under this Act remains unutilised for a period of five years from the date of taking over the possession, the same shall return to the Central Government by reversion.]
1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)
Section 20M Sharing with landowners the difference in price of a land when transferred for a higher consideration.
1[20M. Sharing with landowners the difference in price of a land when transferred for a higher consideration. -- Whenever any land acquired under this Act is transferred to any person for a consideration, eighty per cent. of the difference in the acquisition cost and the consideration received, which in no case shall be less than the acquisition cost, shall be shared amongst the persons from whom the lands were acquired or their heirs, in proportion to the value at which the lands were acquired, and for the purpose, a separate fund may be maintained which shall be administered by the competent authority in such manner as may be prescribed by the Central Government.]
1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)
Section 20N Land Acquisition Act 1 of 1894 not to apply.
1[20N. Land Acquisition Act 1 of 1894 not to apply.-- Nothing in the Land Acquisition Act, 1894 shall apply to an acquisition under this Act.]
1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)
Section 20-O Application of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition.
1[20-O. Application of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition.-- The provisions of the National Rehabilitation and Resettlement Policy, 2007 for project affected families, notified by the Government of India in the Ministry of Rural Development vide number F. 26011/4/2007- LRD dated the 31st October, 2007, shall apply in respect of acquisition of land by the Central Government under this Act.]
1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)
Section 20P Power to make rules in respect of matters in this Chapter.
1[20P. 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 manner of appointment of arbitrator under sub-section (6) of section 20F;
(b) the manner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of section 20H;
(c) the manner of maintenance and administration of separate fund for the purposes of section 20M.]
(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 manner of appointment of arbitrator under sub-section (6) of section 20F;
(b) the manner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of section 20H;
(c) the manner of maintenance and administration of separate fund for the purposes of section 20M.]
1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)
Section 21 Sanction of the Central Government to the opening of railway.
No railway shall be opened for the public carriage of passengers until the Central Government has, by order, sanctioned the opening thereof for that purpose.
Section 22 Formalities to be complied with before giving sanction to the opening of a railway.
(1) The Central Government shall, before giving its sanction to the opening of a railway under section 21, obtain a report from the Commissioner that--
(a) he has made a careful inspection of the railway and the rolling stock that may be used thereon;
(b) the moving and fixed dimensions as laid down by the Central Government have not been infringed;
(c) the structure of lines of rails, strength of bridges, general structural character of the works and the size of, and maximum gross load upon, the axles of any rolling stock, comply with the requirements laid down by the Central Government; and
(d) in his opinion, the railway can be opened for the public carriage of passengers without any danger to the public using it.
(2) If the Commissioner is of the opinion that the railway cannot be opened without any danger to the public using it, he shall, in his report, state the grounds therefor, as also the requirements which, in his opinion, are to be complied with before sanction is given by the Central Government.
(3) The Central Government, after considering the report of the Commissioner, may sanction the opening of a railway under section 21 as such or subject to such conditions as may be considered necessary by it for the safety of the public.
(a) he has made a careful inspection of the railway and the rolling stock that may be used thereon;
(b) the moving and fixed dimensions as laid down by the Central Government have not been infringed;
(c) the structure of lines of rails, strength of bridges, general structural character of the works and the size of, and maximum gross load upon, the axles of any rolling stock, comply with the requirements laid down by the Central Government; and
(d) in his opinion, the railway can be opened for the public carriage of passengers without any danger to the public using it.
(2) If the Commissioner is of the opinion that the railway cannot be opened without any danger to the public using it, he shall, in his report, state the grounds therefor, as also the requirements which, in his opinion, are to be complied with before sanction is given by the Central Government.
(3) The Central Government, after considering the report of the Commissioner, may sanction the opening of a railway under section 21 as such or subject to such conditions as may be considered necessary by it for the safety of the public.
Section 23 Sections 21 and 22 to apply to the opening of certain works.
The provisions of sections 21 and 22 shall apply to the opening of the following works if they form part of, or are directly connected with, a railway used for the public carriage of passengers and have been constructed subsequent to the giving of a report by the Commissioner under section 22, namely:--
(a) opening of additional lines of railway and deviation lines;
(b) opening of stations, junctions and level crossings;
(c) re-modelling of yards and re-building of bridges;
(d) introduction of electric traction; and
(e) any alteration or reconstruction materially affecting the structural character of any work to which the provisions of sections 21 and 22 apply or are extended by this section.
(a) opening of additional lines of railway and deviation lines;
(b) opening of stations, junctions and level crossings;
(c) re-modelling of yards and re-building of bridges;
(d) introduction of electric traction; and
(e) any alteration or reconstruction materially affecting the structural character of any work to which the provisions of sections 21 and 22 apply or are extended by this section.
Section 24 Temporary suspension of traffic.
When an accident has occurred on a railway resulting in a temporary suspension of traffic, and either the original lines of rails and works have been restored to their original standard or a temporary diversion has been laid for the purpose of restoring communication, the original lines of rails and works so restored, or the temporary diversion, as the case may be, may, without prior inspection by the Commissioner, be opened for the public carriage of passengers, subject to the following conditions, namely:--
(a) the railway servant incharge of the works undertaken by reason of the accident has certified in writing that the opening of the restored lines of rails and works, or of the temporary diversion will not in his opinion be attended with danger to the public; and
(b) a notice of the opening of the lines of rails and works or the diversion shall be sent immediately to the Commissioner.
(a) the railway servant incharge of the works undertaken by reason of the accident has certified in writing that the opening of the restored lines of rails and works, or of the temporary diversion will not in his opinion be attended with danger to the public; and
(b) a notice of the opening of the lines of rails and works or the diversion shall be sent immediately to the Commissioner.
Section 25 Power to close railway opened for the public carriage of passengers.
Where, after the inspection of any railway opened and used for the public carriage of passengers or any rolling stock used thereon, the Commissioner is of the opinion that the use of the railway or of any rolling stock will be attended with danger to the public using it, the Commissioner shall send a report to the Central Government who may thereupon direct that--
(i) the railway be closed for the public carriage of passengers; or
(ii) the use of the rolling stock be discontinued; or
(iii) the railway or the rolling stock may be used for the public carriage of passengers subject to such conditions as it may consider necessary for the safety of the public.
(i) the railway be closed for the public carriage of passengers; or
(ii) the use of the rolling stock be discontinued; or
(iii) the railway or the rolling stock may be used for the public carriage of passengers subject to such conditions as it may consider necessary for the safety of the public.
Section 26 Re-opening of closed railway.
When the Central Government has, under section 25, directed the closure of a railway or the discontinuance of the use of any rolling stock--
(a) the railway shall not be re-opened for the public carriage of passengers until it has been inspected by the Commissioner and its re-opening is sanctioned in accordance with the provisions of this Chapter; and
(b) the rolling stock shall not be used until it has been inspected by the Commissioner and its re-use is sanctioned in accordance with the provisions of this Chapter.
(a) the railway shall not be re-opened for the public carriage of passengers until it has been inspected by the Commissioner and its re-opening is sanctioned in accordance with the provisions of this Chapter; and
(b) the rolling stock shall not be used until it has been inspected by the Commissioner and its re-use is sanctioned in accordance with the provisions of this Chapter.
Section 27 Use of rolling stock.
A railway administration may use such rolling stock as it may consider necessary for the construction, operation and working of a railway:
Provided that before using any rolling stock of a design or type different from that already running on any section of the railway, the previous sanction of the Central Government shall be obtained for such use:
Provided further that before giving any such sanction, the Central Government shall obtain a report from the Commissioner that he has made a careful inspection of the rolling stock and, in his opinion, such rolling stock can be used.
Provided that before using any rolling stock of a design or type different from that already running on any section of the railway, the previous sanction of the Central Government shall be obtained for such use:
Provided further that before giving any such sanction, the Central Government shall obtain a report from the Commissioner that he has made a careful inspection of the rolling stock and, in his opinion, such rolling stock can be used.
Section 28 Delegation of powers. 5 docs
The Central Government may, by notification, direct that any of its powers or functions under this Chapter, except section 29, or the rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercised or discharged also by a Commissioner.
Section 29 Power to make rules in respect of matters in this Chapter. 5 docs
(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 duties of a railway administration and the Commissioner in regard to the opening of a railway for the public carriage of passengers;
(b) the arrangements to be made for and the formalities to be complied with before opening a railway for the public carriage of passengers;
(c) for regulating the mode in which, and the speed at which rolling stock used on railways is to be moved or propelled; and
(d) the cases in which and the extent to which the procedure provided in this Chapter may be dispensed with.
(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 duties of a railway administration and the Commissioner in regard to the opening of a railway for the public carriage of passengers;
(b) the arrangements to be made for and the formalities to be complied with before opening a railway for the public carriage of passengers;
(c) for regulating the mode in which, and the speed at which rolling stock used on railways is to be moved or propelled; and
(d) the cases in which and the extent to which the procedure provided in this Chapter may be dispensed with.
Section 30 Power to fix rates.
(1) The Central Government may, from time to time, by general or special order fix, for the carriage of passengers and goods, rates for the whole or any part of the railway and different rates may be fixed for different classes of goods and specify in such order the conditions subject to which such rates shall apply.
(2) The Central Government may, by a like order, fix the rates of any other charges incidental to or connected with such carriage including demurrage and wharfage for the whole or any part of the railway and specify in the order the conditions subject to which such rates shall apply.
(2) The Central Government may, by a like order, fix the rates of any other charges incidental to or connected with such carriage including demurrage and wharfage for the whole or any part of the railway and specify in the order the conditions subject to which such rates shall apply.
Section 31 Power to classify commodities or alter rates.
The Central Government shall have power to--
(a) classify or reclassify any commodity for the purpose of determining the rates to be charged for the carriage of such commodities; and
(b) increase or reduce the class rates and other charges.
(a) classify or reclassify any commodity for the purpose of determining the rates to be charged for the carriage of such commodities; and
(b) increase or reduce the class rates and other charges.
Section 32 Power of railway administration to charge certain rates.
Notwithstanding anything contained in this Chapter, a railway administration may, in respect of the carriage of any commodity and subject to such conditions as may be specified,--
(a) quote a station to station rate;
(b) increase or reduce or cancel, after due notice in the manner determined by the Central Government, a station to station rate, not being a station to station rate introduced in compliance with an order made by the Tribunal;
(c) withdraw, alter or amend the conditions attached to a station to station rate other than conditions introduced in compliance with an order made by the Tribunal; and
(d) charge any lump sum rate.
(a) quote a station to station rate;
(b) increase or reduce or cancel, after due notice in the manner determined by the Central Government, a station to station rate, not being a station to station rate introduced in compliance with an order made by the Tribunal;
(c) withdraw, alter or amend the conditions attached to a station to station rate other than conditions introduced in compliance with an order made by the Tribunal; and
(d) charge any lump sum rate.
Section 33 Tribunal.
1[33. Tribunal.-- The Railway Claims Tribunal established under section 3 of the Railway Claims Tribunal Act, 1987 (54 of 1987) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Tribunal for the purposes of this Act and the said Tribunal shall exercise the jurisdiction, authority and powers conferred on it by or under this Act.]
1 Subs. by s. 163, ibid., for section 33 (w.e.f. 26-5-2017).