The Railways Act, 1989
Administered Ministry: Ministry of Railways
Section
Section 34 [Omitted.].
34. [Staff of the Tribunal.] Omitted by the Finance Act, 2017 (7 of 2017), s. 163 (w.e.f. 26-5-2017).
Section 35 [Omitted.].
35. [Sittings of the Tribunal.] Omitted by s. 163, ibid. (w.e.f. 26-5-2017).
Section 36 Complaints against a railway administration
Any complaint that a railway administration--
(a) is contravening the provisions of section 70; or
(b) is charging for the carriage of any commodity between two stations a rate which is unreasonable; or
(c) is levying any other charge which is unreasonable,
may be made to the Tribunal, and the Tribunal shall hear and decide any such complaint in accordance with the provisions of this Chapter.
(a) is contravening the provisions of section 70; or
(b) is charging for the carriage of any commodity between two stations a rate which is unreasonable; or
(c) is levying any other charge which is unreasonable,
may be made to the Tribunal, and the Tribunal shall hear and decide any such complaint in accordance with the provisions of this Chapter.
Section 37 Matters not within the jurisdiction of the Tribunal.
Nothing in this Chapter shall confer jurisdiction on the Tribunal in respect of--
(a) classification or re-classification of any commodity;
(b) fixation of wharfage and demurrage charges (including conditions attached to such charges);
(c) fixation of fares levied for the carriage of passengers and freight levied for the carriage of luggage, parcels, railway material and military traffic; and
(d) fixation of lump sum rates.
(a) classification or re-classification of any commodity;
(b) fixation of wharfage and demurrage charges (including conditions attached to such charges);
(c) fixation of fares levied for the carriage of passengers and freight levied for the carriage of luggage, parcels, railway material and military traffic; and
(d) fixation of lump sum rates.
Section 38 Powers of the Tribunal.
(1) The Tribunal shall have the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for the purposes of taking evidence on oath, enforcing the attendance of witnesses, compelling the discovery and production of documents, issuing commissions for the examination of witnesses and of review and shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1973 (2 of 1974) and any reference in such section or chapter to the presiding officer of a court shall be deemed to include a reference to the Chairman of the Tribunal.
(2) The Tribunal shall also have power to pass such interim and final orders as the circumstances may require, including orders for the payment of costs.
(2) The Tribunal shall also have power to pass such interim and final orders as the circumstances may require, including orders for the payment of costs.
Section 39 Reference to the Tribunal.
Notwithstanding anything contained in section 37, the Central Government may make a reference to the Tribunal in respect of any of the matter specified in that section and where any such reference is made in respect of any such matter, the Tribunal shall make an inquiry into that matter and submit its report thereon to the Central Government.
Section 40 Assistance by the Central Government.
(1) The Central Government shall give to the Tribunal such assistance as it may require and shall also place at its disposal any information in the possession of the Central Government which that Government may think relevant to any matter before the Tribunal.
(2) Any person duly authorised in this behalf by the Central Government shall be entitled to appear and be heard in any proceedings before the Tribunal.
(2) Any person duly authorised in this behalf by the Central Government shall be entitled to appear and be heard in any proceedings before the Tribunal.
Section 41 Burden of proof, etc.
In the case of any complaint under clause (a) of section 36,--
(a) whenever it is shown that a railway administration charges one trader or class of traders or the traders in any local area, lower rates for the same or similar goods or lower charges for the same or similar services than it charges to other traders in any other local area, the burden of providing that such lower rate or charge does not amount to an undue preference, shall lie on the railway administration;
(b) in deciding whether a lower rate or charge does not amount to an undue preference, the Tribunal may, in addition to any other considerations affecting the case, take into consideration whether such lower rate or charge is necessary in the interests of the public.
(a) whenever it is shown that a railway administration charges one trader or class of traders or the traders in any local area, lower rates for the same or similar goods or lower charges for the same or similar services than it charges to other traders in any other local area, the burden of providing that such lower rate or charge does not amount to an undue preference, shall lie on the railway administration;
(b) in deciding whether a lower rate or charge does not amount to an undue preference, the Tribunal may, in addition to any other considerations affecting the case, take into consideration whether such lower rate or charge is necessary in the interests of the public.
Section 42 Decision, etc., of the Tribunal.
The decisions or orders of the Tribunal shall be by a majority of the members sitting and shall be final.
Section 43 Bar of jurisdiction of courts.
No suit shall be instituted or proceeding taken in respect of any matter which the Tribunal is empowered to deal with, or decide, under this Chapter.
Section 44 Reliefs which the Tribunal may grant.
In the case of any complaint made under clause (b) or clause (c) of section 36, the Tribunal may--
(i) fix such rate or charge as it considers reasonable from any date as it may deem proper, not being a date earlier to the date of the filing of the complaint;
(ii) direct a refund of amount, if any, as being the excess of the rate or charge fixed by the Tribunal under clause (i).
(i) fix such rate or charge as it considers reasonable from any date as it may deem proper, not being a date earlier to the date of the filing of the complaint;
(ii) direct a refund of amount, if any, as being the excess of the rate or charge fixed by the Tribunal under clause (i).
Section 45 Revision of decisions given by the Tribunal.
Where a railway administration considers that since the date of decision by the Tribunal, there has been a material change in the circumstances on which it was based, it may, after the expiry of one year from such date, make an application to the Tribunal and the Tribunal may, after making such inquiry as it considers necessary, vary or revoke the decision.
Section 46 Execution of decisions or orders of the Tribunal.
The Tribunal may transmit any decision or order made by it to a civil court having local jurisdiction and such civil court shall execute the decision or order as if it were a decree made by that court.
Section 47 Report to the Central Government. 4 docs
The Tribunal shall present annually a report to the Central Government of all its proceedings under this Chapter.
Section 48 Power of the Tribunal to make regulations.
(1) The Tribunal may, with the previous approval of the Central Government, make regulations consistent with this Act and rules generally to regulate its procedure for the effective discharge of its functions under this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
1* * * * *
(b) the award of costs by the Tribunal in any proceedings before it;
(c) the reference of any question to a member or to an officer of the Tribunal or any other person appointed by the Tribunal, for report after holding a local inquiry;
(d) the right of audience before the Tribunal, provided that any party shall be entitled to be heard in person, or by a representative duly authorised in writing, or by a legal practitioner;
(e) the disposal by the Tribunal of any proceedings before it, notwithstanding that in the course thereof there has been a change in the persons sitting as members of the Tribunal;
(f) a scale of fees for and in connection with the proceedings before the Tribunal.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
1* * * * *
(b) the award of costs by the Tribunal in any proceedings before it;
(c) the reference of any question to a member or to an officer of the Tribunal or any other person appointed by the Tribunal, for report after holding a local inquiry;
(d) the right of audience before the Tribunal, provided that any party shall be entitled to be heard in person, or by a representative duly authorised in writing, or by a legal practitioner;
(e) the disposal by the Tribunal of any proceedings before it, notwithstanding that in the course thereof there has been a change in the persons sitting as members of the Tribunal;
(f) a scale of fees for and in connection with the proceedings before the Tribunal.
1. Clause (a) omitted by Act 7 of 2017, s.163 (w.e.f. 26-5-2017).
Section 49 Exhibition of certain timings and tables of fares at stations.
(1) 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.
(2) 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.
(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.
(2) 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.
(1) 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.
(2) 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.
(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.
(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.
(2) 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.
(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 51 Provision for case in which ticket is issued for class or train not having accommodation for additional passengers.
(1) A ticket shall be deemed to have been issued subject to the condition of availability of accommodation in the class of carriage and the train for which the ticket is issued.
(2) If no accommodation is available in the class of carriage for which a ticket is issued, and the holder thereof travels in a carriage of a lower class, he shall, on returning such ticket, be entitled to a refund of the difference between the fare paid by him and the fare payable for the class of carriage in which he travels.
(2) If no accommodation is available in the class of carriage for which a ticket is issued, and the holder thereof travels in a carriage of a lower class, he shall, on returning such ticket, be entitled to a refund of the difference between the fare paid by him and the fare payable for the class of carriage in which he travels.
Section 52 Cancellation of ticket and refund.
If a ticket is returned for cancellation, the railway administration shall cancel the same and refund such amount as may be prescribed.
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.
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.