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Section 61 . Maintenance of rate-books etc. for carriage of goods.

    Every railway administration shall maintain, at each station and at such other places where goods are received for carriage, the rate books or other documents which shall contain the rate authorised for the carriage of goods from one station to another and make them available for the reference of any person during all reasonable hours without payment of any fee.

Section 62 :Conditions for receiving, etc. of goods :

1)    A railway administration may impose conditions, not inconsistent with this Act or any rules made there under, with respect of receiving, forwarding, carrying or delivering of any goods.

 2)    A railway administration shall maintain, at each station and at such other places where goods are received for carriage, a copy of the conditions for the time being in force under sub sec.(1) and make them available for reference of any person during all reasonable hours without payment of any fee.

63. Provision of risk rate -

1) Where any goods are entrusted to a railway administration for carriage, such carriage shall except where owner's risk rate is applicable in respect of such goods, be at railway risk rate.

2) Any goods for which owner's risk rate and railway risk rate are in force, may be entrusted for carriage at either of the rates and if no rate is opted, the goods shall be deemed to have been entrusted at owner's risk rate.

64. Forwarding Note : 

1) Every person entrusting any goods to a railway administration for carriage shall execute a forwarding note in such form as may be specified by the Central Govt.

Provided that no forwarding note shall be executed in the case of such goods as may be prescribed.

2)    The consignor shall be responsible for the correctness of the particulars furnished by him in the forwarding note.

3)    The consignor shall indemnify the railway administration against any damage suffered by it by reason of the incorrectness or incompleteness of the particulars in the forwarding note.

65. Railway Receipt : 1) A railway administration shall -

a)    in a case where the goods are to be loaded by a person entrusting such goods, on the completion of such loading or 

b)    in any other case, on the acceptance of the goods by it

issue a railway receipt in such form as may be specified by central govt.

2)    A railway receipt shall be prima-facie evidence of the weight and the number of packages stated therein;

provided that in the case of a consignment in wagon load, train load and the weight or the number of packages is not checked by a railway servant authorised in this behalf and a statement to that effect is recorded in such railway receipt by him the burden of proving the weight or, as the case may be, the number of packages stated therein shall lie on the consignor, the consignee or the endorsee.

66.    Power to require statement relating to the description of goods

1) The owner or a person having charge of any goods which are brought upon a railway for the purpose of carriage by railway, and the consignee or the endorsee of any consignment shall, on the request of any railway servant authorised in this behalf, deliver to such railway servant a statement in writing signed by such owner or person or by such consignee or endorsee as the case may be, containing such description of the goods as would  enable the railway servant to determine the rate for such carriage.

2)    If such owner or person refuses or neglects to give the statement as required under sub-section (1) and refuses to open the package containing the goods, if so required by the railway servant, it shall be open to the railway administration to refuse to accept such goods for carriage unless such owner or person pays  for such carriage the highest rate for any class of goods.

3)    If the consignee or endorsee refuses or neglects to give the statement as required under sub sec.1 and refuses to open the package containing the goods, if so required by the railway servant, it shall be opened to the railway administration to charge in respect of the carriage of the goods the highest rate for any class of goods.  

4)    If the statement delivered under sub-section (1) is materially false with respect to the description of any goods to which it purports to relate, the railway administration may charge in respect of the carriage of such goods such rate, not exceeding double the highest rate for any class of goods as may be specified by the Central Government.

5) If any difference arises between  railway servant and such owner or person, the consignee or the endorsee, as the case my be, in respect of the description of the goods for which a statement has been delivered under sub-section (1), the railway servant may detain and examine the goods.

6) Where any goods have been detained under sub-section (5) for examination and upon such examination it is found that the description of the goods is different from that given in the statement delivered under sub-section (1), the cost of such detention and examination shall be borne by such owner or person, the consignee or the endorsee, as the case may be, and the railway administration shall not be liable for any loss, damage or deterioration which may be caused by such detention or examination.

67. Carriage of dangerous or offensive goods.- 1) No person shall take with him on a railway, or require a railway administration to carry such dangerous or offensive goods, as may be prescribed, except in accordance with the provisions of this section.

2) No person shall take with him on a railway the goods referred to in sub-section (1) unless  he gives a notice in writing of their dangerous or offensive nature to the  railway servant authorised in this behalf.

3) No person shall entrust the goods referred to in sub-section (1) to a railway servant authorised in this behalf for carriage unless he distinctly marks on the outside of the package containing such goods their dangerous or offensive nature and gives a notice in writing of their dangerous or offensive nature to such railway servant.

4) If any railway servant has reason to believe that goods contained in a package are dangerous or offensive and notice as required under sub-section (2) or sub-section (3), as the case may be, in respect of such goods is not given, he may cause such package to be opened for the purpose of ascertaining its contents.

5) Notwithstanding anything contained in the section, any railway servant may refuse to accept any dangerous or offensive goods for carriage or stop, in transit, such goods or cause the same to be removed, as the case may be, if he has reason to believe that the provisions of this section for such carriage `are not complied with.

6) Nothing in this section shall be construed to derogate from the provisions of the Indian Explosives Act, 1884 (4of 1884), or any rule or order made under that Act, and nothing in sub-sections (4) and (5) shall be construed to apply to any goods entrusted for carriage by order or on behalf of the Government or to any goods which a soldier, sailor, airman or any other officer of the armed forces of the Union or a police officer or a member of the territorial army or of the National Cadet Corps may take with him on a railway in the course of his employment or duty as such.

68. Carriage of animals suffering from infectious or contagious diseases - A railway administration shall not be bound to carry any animal suffering from such infectious or contagious disease as may be prescribed.

69. Deviation of route - Where due to any cause beyond the control of a railway administration or due to congestion in the yard or any other operational reasons, goods are carried over a route other than the route by which such goods are booked, the railway administration shall not be deemed to have committed a breach of the contract of carriage by reason only of the deviation of the route.

70. Prohibition of undue preference - A railway administration shall not make or give any undue or unreasonable preference or advantage to, or in favour of, any particular person or any particular description of traffic in the carriage of goods.

71. Power to give direction in regard to carriage of certain goods - 1) The Central Government may, if it is of the opinion that it is necessary in the public interest so to do, by general or special order, direct any railway administration -

a) to give special facilities for, or preference to, the carriage of such goods or class of goods consigned by or to the Central Government or the Government of any State or of such other goods or class of goods;

b) to carry any goods or class of goods by such route or routes and at such rates;

c) to restrict or refuse acceptance of such goods or class of goods at or to such station for carriage,

as may be specified in the order.

2) Any order made under sub-section (1) shall cease to have effect after   the expiration of a period of one year from the date of such order, but may, by a like order be renewed from time to time for such period not exceeding one year at a time as may be specified in the order.

3) Notwithstanding anything contained in this Act, every railway administration shall be bound to comply with any order given under sub-section (1) and any action taken by a railway administration in pursuance of any such order shall not be deemed to be contravention of section 70.

72. Maximum carrying capacity for wagons and trucks- 1) The gross weight of every wagon or truck bearing on the axles when the wagon or truck is loaded to its maximum carrying capacity shall not exceed  such limit as may be fixed by the Central Government for the class of axle under the wagon or truck.

2) Subject to the limit fixed under sub sec. 1, every railway administration shall determine the normal carrying capacity for every wagon or truck in its possession and shall exhibit in words and figures the normal carrying capacity so determined in a conspicuous manner on the outside of every such wagon or truck.

3) Every person owning a wagon or truck which passes over a railway shall determine and exhibit the normal carrying capacity for the wagon or truck in the manner specified in sub sec. 2.

4) Notwithstanding anything contained in sub section 2 or sub sec.3, where a railway administration considers it necessary or expedient so to do in respect of any wagon or truck carrying any specified class or goods or any class of wagons or trucks of any specified type, it may  vary the normal carrying capacity for such wagon or truck or such class of wagons or trucks and subject to such conditions as it may think fit to impose, determine fir the wagon or truck or class of wagons or trucks such carrying capacity as may be specified in the notification and it shall not be necessary to exhibit the words and figures representing the carrying capacity so determined on the outside of such wagon or truck or such class of wagon or trucks.

73. Punitive charge for overloading a wagon : Where a person loads goods in a wagon beyond its permissible carrying capacity as exhibited under sub-section (2) or sub-section (3) or notified under sub-section (4), of section 72 a railway administration may in addition to the freight and other charges, recover  from the consignor, the consignee or the endorsee as the case may be charges by way of penalty at such rates as may be prescribed before the delivery of the goods.

Provided that it shall be lawful for the railway administration to unload the goods loaded beyond the capacity of the wagon if detected at the forwarding station or at any place before the destination station and to recover the cost of such unloading and any charge for the detention of any wagon on this account.

74. Passing of property in the goods covered by railway receipt - The property in the consignment covered by a railway receipt shall pass to the consignee or the endorsee, as the case may be on the delivery of such railway receipt to him and he shall have all the rights and liabilities of the consignor.

75. Section 74 not to affect right of stoppage in transit or claims for freight - Nothing contained in section 74 shall prejudice or affect -

a) Any right of the consignor for stoppage of goods in transit as an unpaid vendor (as defined under the sale of goods act, 1930 (3 of 1930) on his written request to the railway administration.

b) Any right of the railway to claim freight from the consignor or

c) any liability of the consignee or the endorsee, referred to in that section by reason of his being such consignee or endorsee.

76. Surrender of railway receipt -The railway administration shall deliver the consignment under  a railway receipt on the surrender of such railway receipt 

provided that in case the railway receipt is not forthcoming, the consignment may be delivery to the person entitled in the opinion of the railway administration to receive the goods in such manner as may be prescribed.

77. Power of railway administration to deliver goods or sale proceeds thereof in certain cases- Where no railway receipt is forthcoming and any consignment or the sale proceeds of any consignment are claimed by two or more persons a railway administration may withhold delivery of such consignment or sale proceeds as the case may be and shall deliver such consignment or sale proceeds in such manner as may be prescribed.

78. Power of measure, weigh etc.- Notwithstanding anything contained in the railway receipt the railway administration may, before the delivery of the consignment have the right to 

i) re-measure, re-weigh or re-classify any consignment

ii) re-calculate the freight and other charges; and

iii) correct any other error or collect any amount that may have been omitted to be charged

79. Weighment of consignment on request of the consignee or endorsee -  A railway administration may on the request made by consignee or endorsee allow weighment of the consignment subject to such conditions and on payment of such charges as may be prescribed and demurrage charges if any.

    Provided that except in cases where a  railway servant authorised in this behalf considers it necessary so to do no weighment shall be allowed of goods booked at owner's risk rate or goods which are perishable and are likely to loose weight in transit.

    Provided further that no request for weighment of consignment in wagon load or train load shall be allowed if the weighment is not feasible due to congestion in the yard or such other circumstances as may be prescribed. 

80.Liability of railway administration for wrong delivery :Where a railway administration delivers the consignment to a person to produce the railway receipt, it shall not be responsible for any wrong delivery on the ground that such person is not entitled there to or that the endorsement on the railway receipt is forged or otherwise defective.

81.Open delivery of consignments : Where the consignment arrives in a damaged condition or shows sign of having been tampered with and the consignee or the endorsee demands open delivery, the railway administration shall given open delivery in such manner as maybe prescribed.

81. Partial delivery of the consignment :1.  The consignee or endorsee shall as soon as the consignment or part thereof is ready for delivery take delivery of such consignment or part thereof not withstanding that such consignment or part thereof is damaged  .

2. In the case of partial delivery under sub section (1) the railway administration shall furnish a partial delivery certificate in such form as may be prescribed.

3. If  the consignee or endorsee refuse to take delivery under sub section 1 the consignment or part thereof shall be subject to wharfage charges beyond the time allowed for removal.

83. Lien for freight or any other sum due :

1. If  the consignor, the consignee or the endorsee fails to take on demand any freight or any other charges due from him in respect of any consignment, the railway administration may detail such consignment or part thereof or if such consignment is delivered, it may detail any other consignment of such person which is in or thereafter comes into its possession. 

2. The railway administration may if the consignment detained under sub sec. 1 is-

a) perishable in nature, sell at once or;

b) not perishable in nature, sale by public auction

such consignment or part thereof as may be necessary to realise a sum equal to the freight or other charges 

provided that there a railway administration for reasons to be recorded in writing is of the opinion that it is not expedient to hold the auction, such consignment or part thereof may be sold in such manner as maybe prescribed. 

3. The railway administration shall give a notice of not less than seven days of the public auction under clause 'B' of sub-sec. 2 in one or more local newspaper or where there are no such newspaper in such manner, as may be prescribed.

4. The railway administration may, out of sale proceeds received under sub sec. 2 retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus of such proceeds and the part of the consignment, if any  shall be rendered to the person entitled thereto.

84. Unclaimed consignment - 1) If any person fails to take delivery of -

a) Any consignment or 

b) the consignment released from detention made under sub sec. 1 of section 83 or 

c) any remaining part of the consignment under sub sec. 2 of section 83 , such consignment shall be treated as unclaimed.

2) The railway administration may-

a) in the case of an unclaimed consignment which is perishable in nature sell such consignment in the manner provided in clause 'a' of sub section 2 of section 83 or 

b) in the case of an unclaimed consignment which is not perishable in nature cause a notice to be served upon the consignee if his name and address are known and upon the consignor if the name and address of the consignee are not known requiring him to remove the goods within a period of seven days from the receipt thereof and if such notice can not be served or there is a failure to comply with the requisition in the notice sell such consignment in the manner provided in clause 'b' or sub section 2 of section 83.

3) the railway administration shall out of the sale proceeds received under sub section 2 retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus if any of such sale proceeds shall be rendered to the person entitled thereto.

85. Disposal of perishable consignments in certain circumstances-

1. whereby reason of any flood, landslip, breach of any lines of rail, collision between trains, derailment of or other accident to a train or any other cause traffic or any route is interrupted and there is no likelihood of early resumption of such traffic nor is there any reasonable route whereby traffic of perishable consignment may be diverted to prevent, loss or deterioration of or damage to such consignment, the railway administration may sell them in the manner provided in clause 'a' of sub section 2 of section 83.

2.    The railway administration shall, out of the sale proceeds received under sub-sec. 1  retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus, if any of such sale proceeds shall be rendered to the person entitled thereto. 

86. Sales under sections 83 to 85 not to affect the right to sue - Notwithstanding anything contained in this chapter the right of sale under sections 83 to 85 shall be without prejudice to the right of the railway administration to recover by suit any freight charge amount or other expenses due to it

87. Power to make rules in respect of matters in this Chapter- 1) The Central Govt. may, by notification makes rules to carry out the purposes of this chapter. 

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

a) goods in respect of which no forwarding note shall be executed under proviso to sub-sec.1 of section 64.

b) dangerous and offensive goods for the purpose of sub-sec. 1 of section 67.

c) infectious or contagious diseases for the purpose of section 68.

d) rates of penalty charges under section 73

e) the manner in which the consignment maybe delivered without railway receipt under section 76.

f) the manner of delivery of consignment or the sale proceeds to the person entitled thereto under section 77.

g) the conditions subject to which and charges payable for allowing weighment and circumstances for not allowing weighment of  consignment in wagon load or train load under sec.79. 

h) the manner of giving open delivery under section 81

i) the form of partial delivery certificate under sub-sec. 2 of section 82.

j) the manner of sale of consignment or part thereof under the proviso to sub section 2 of sec.83 

k) the manner in which a notice under sub-sec.3 of sec.83 may be given

l) generally for regulating the carriage of goods by railways

3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to one hundred fifty rupees.

4) Every railway administration shall keep at each station a copy of the rules for the time being in force under this section and shall allow any person to refer to it free of charge.

 

RESPONSIBILITIES OF RAILWAY ADMINISTRATION AS CARRIERS

93. General responsibility of a railway administration as carrier of goods - Save as otherwise provided in this Act, a railway administration shall be responsible for the loss, destruction, damage or deterioration in transit or non-delivery of any consignment, arising from any cause-

a) act of God

b) act of war

c) act of public enemies 

d) arrest, restraint or seizure under legal process

e) orders or restrictions imposed by the Central Govt. or by an officer or authority subordinate to the Central Govt. or a State Govt. authorised by it in this behalf.

f) act or omission or negligence of the consignor or the consignee or the endorsee or the agent or servant of the consignor or the consignee or the endorsee  or the agent  or servant of the consignor or the consignee or the endorsee .

g) natural deterioration or wastage in bulk or weight due to inherent defects quality or vice of the goods.

h) latest defects

i) fire, explosion or any unforeseen risk

Provided that even where such loss, destruction, damage, deterioration or non-delivery  is proved to have arisen from any one or more of the aforesaid causes, the railway administration shall not be relieved of its responsibility for the loss, destruction, damage, deterioration or non-delivery unless the railway administration further proves that it has used reasonable foresight and care in the carriage of goods.

94. Goods to be loaded or delivered at a siding not belonging to a railway administration -

1) Where goods are required to be loaded at a siding not belonging to a railway administration for carriage  by railway, the railway administration shall not be responsible for any loss destruction, damage, deterioration of such goods from whatever cause arising until the wagon containing the goods has been placed at a specified point out inter-change of wagons between the siding and the railway administration and a railway servant in this behalf has been informed in writing accordingly by the owner of the siding.

2) Where any consignment is required to be delivered by a railway administration at a siding not belonging to a railway administration, the railway administration shall not be responsible for any loss, destruction, damage or deterioration or non-delivery of such consignment from whatever cause arising after the wagon containing the consignment has been placed at the specified point of inter-change of wagon between the railway and the siding and the owner of the siding has been informed in writing accordingly by a railway servant authorised in this behalf.

95. Delay for detention in transit - A railway administration shall not be responsible for the loss, destruction, damage or deterioration of any consignment proved by the owner to have been caused by the delay or detention in their carriage if the railway administration proves that the delay or detention arose for reasons beyond its control or without negligence or misconduct on its part or on the part of any of its servants.

96. Traffic passing over railways in India and railways in foreign countries - Where in the course of carriage of any consignment from a place in India to a place outside India or from a place outside India to a place in India or from one place outside India to another place outside India or from one place in India to another place in India over any territory outside India, it is carried over the railways of any railway administration in India, the railway administration shall not be responsible under any of the provisions of this Chapter for the loss, destruction, damage or deterioration of the goods, from whatever cause arising, unless it is proved by the owner of the goods that such loss, destruction, damage or deterioration arose over the railway of the railway administration.

97. Goods carried at owner's risk rate -Notwithstanding anything contained in section 93, a railway administration shall not be responsible for any loss, destruction, damage, deterioration, or . non-delivery in transit, of any consignment carried at owner's risk rate, from whatever cause arising. except upon proof, that such loss, destruction, damage, deterioration or non-delivery was due to negligence or misconduct on its part or on the part of any of its servants:

Provided that-

(a) Where the whole of such consignment or the whole of any package forming part of such consignment is not delivered to the consignee or the endorse and such non-delivery is not proved by the railway administration to have been due to fire or to any accident to the train; or

(b) Where in respect of any such consignment or of any package forming part of such consignment which had been so covered or protected that the covering or protection was not readily removable by hand, it is pointed out to the railway administration on or before delivery that any part of that consignment or package had been pilfered in transit,

the railway administration shall be bound to disclose to the consignor, the consignee or the endorsee how the consignment or the package was dealt with throughout the time it was in its possession or control, but if negligence or misconduct on the part of the railway administration or of any of its servants cannot be fairly inferred from such disclosure, the burden of proving such negligence or misconduct shall lie on the consignor, the consignee or the endorse.

98. Goods in defective condition or defectively packed-(1) Notwithstanding anything contained  in the foregoing provisions of this Chapter, when any goods entrusted to a railway administration for carriage-

    (a) are in a defective condition as a consequence of which they are liable to damage, deterioration, leakage or wastage; or

    (b) are either defectively packed or not packed in such manner as may be prescribed and as result of such defective or improper packing are liable to damage, deterioration, leakage or wastage,

and the fact of such condition or defective or improper packing has been recorded by the consignor or his agent in the forwarding note, the railway administration shall not able responsible for any damage, deterioration, leakage or wastage or for the condition in which such goods are available for delivery at destination.

    Provided that the railway administration shall be responsible for any such damage, deterioration, leakage or wastage or for the condition in which such goods are available for delivery at destination if negligence or misconduct on the part of the railway administration or of any of its servants is proved.

    (2) When any goods entrusted to a railway administration for carriage are found on arrival at the destination station to have been damaged or to have suffered deterioration, leakage, or wastage, the railway administration shall not be responsible for the damage, deterioration, leakage or wastage of the goods on proof by railway administration-

    (a) that the goods were, at the time of entrustment to the railway administration, in a defective condition, or were at the time either defectively packed or not packed in such manner as may be prescribed and as a result of which were liable to damage, deterioration, leakage or wastage; and

     (b) that such defective condition or defective or improper packing was not brought to the notice of the railway administration or any of its servants at the time of entrustment of the goods to the railway administration for carriage by railway:

    Provided that the railway administration shall be responsible for any such damage, deterioration, leakage or wastage if negligence or misconduct on the part of the railway administration or of any of its servants is proved.

99. Responsibility of a railway administration after termination of transit-(1) a railway administration shall be responsible as a bailee under 151, 152 and 161 of the Indian Contract Act, 1872(9 of 1872), for the loss, destruction, damage, deterioration or non-delivery of any consignment up to a period of seven days after the termination  of transit:

    Provided that where the consignment is at owner's risk rate, the railway administration shall not be responsible as a bailee of such loss, destruction, damage, deterioration or non-delivery except on proof of negligence or misconduct on the part of the railway administration or of any of its servants.

    (2) The railway administration shall not be responsible in any case for the loss destruction, damage, deterioration or non-delivery of any consignment arising after the expiry of a period of seven days after the termination of transit.

    (3) Notwithstanding anything contained in the foregoing provisions of this section, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of perishable goods, animals, explosive and such dangerous or other goods as may be prescribed, after the termination of transit. 

    (4) Nothing in the foregoing provisions of this section shall affect the liability of any person to pay any demurrage or wharfage, as the case may be, for so long as the consignment is not unloaded from the railway wagons or removed from the railway premises. 

100. Responsibility as carrier of luggage- A railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of any luggage unless a railway servant has booked the luggage and given a receipt therefore and in the case of luggage which is carried by the passenger in his charge, unless it is proved that the loss, destruction, damage or deterioration was due to the negligence or misconduct on its part or on the part of any of its servants.

101. Responsibility as carrier of animals- A railway administration shall not be responsible for any loss or destruction of, or injuries to, any animal carried by railway arising from fright or restiveness if the animal or from overloading of wagons by the consignor.

102. Exoneration from liability in certain cases- Notwithstanding anything contained in the foregoing provisions of this Chapter, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non delivery of any consignment,-

    (a)    when such loss, destruction, damage, deterioration  or non-delivery is due to the fact that a materially false description of the consignment is given in the statement delivered under sub-sec. 1 of sec.66 or

b)    where a fraud has been practiced by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee or

c)    where it is proved by the railway administration to have been caused by or  to have arisen from

i)    improper loading or unloading by the consignor  or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee

ii)    riot, civil commotion, strike, lock out, stoppage or restraint of labour from whatever cause arising whether partial or general : or

d)    for any indirect or consequential loss or damage or for loss of particular market.

103.    Extent of monetary liability in respect of any consignment

1)    Where any consignment is entrusted to a railway administration for carriage by railway and the value of such consignment has not been declared as required under sub sec.2 by the consignor, the amount of liability of the railway administration for the loss, destruction, damage, deterioration or non delivery of the consignment shall in no case exceed such amount calculate with reference to the weight of the consignment as may be prescribed and where such consignment consists of an animal, the liability shall not  exceed  such amount as may be prescribed.

2)    Notwithstanding anything contained in sub sec. 1 where the consignor declares the value of any consignment at the time of its entrustment to a railway administration for carriage by railway and pays such percentage charges as may be prescribed on so much of the value of such consignment as is in excess of the liability of the railway administration as calculated or specified, as the case may be under sub sec. 1 the liability of the railway administration for the loss, destruction, damage, deterioration or non delivery of such consignment shall not exceed the value so declared.

3)    The Central Govt. may from time to time by notification direct that such goods as may be specified in the notification shall not be accepted for carriage by railway unless the value of such goods is declared and percentage charges is paid as required under sub. sec. 2.

104.    Extent of liability in respect of goods carried in open wagon - Where any goods which under ordinary circumstances would be carried in covered wagon and would be liable to damage if carried otherwise are with the consent of the consignor recorded in the forwarding note carried in open wagon the responsibility of railway administration for destruction, loss, damage, deterioration which may arise only by reason of the goods being so carried shall be one half of the amount of liability for such destruction, damage or deterioration determined under this chapter.

105.    Right of railway administration to check contents of certain consignment or luggage         

Where the value has been declared under Sec.103 in respect of any consignment a railway administration may make it a condition of carrying such consignment that a railway servant authorised by it in this behalf has been satisfied by examination or otherwise that the consignment tendered for carriage contain the articles declared.

106.    Notice of claim for compensation and refund of overcharge.- A person shall not be entitled to claim compensation against a railway administration for the loss, destruction, damage, deterioration or non-delivery of goods carried by railway, unless  notice thereof is served by him or on his behalf-

a)    to a railway administration to which the goods are entrusted for carriage; or

b)    to the railway administration on whose railway the destination station lies, or the loss, destruction, damage or deterioration occurs, within a period of six months from the date of entrustment of the goods.

2.    Any information demanded or enquiry made in writing from, or any complaint made in writing to, any of the railway administration mentioned in sub-sec. 1 by or on behalf of the persons within the said period six months regarding the non-delivery or delayed delivery of the goods with particulars sufficient to identify the goods shall, for the purpose of this section, be deemed to be a notice of claim for compensation.

3)    A person shall not be entitled to a refund of an overcharge in respect of goods carried by railway unless a notice therefor has been served by him or on his behalf to the railway administration to which the overcharge has been paid within six months from the date of such payment or the date of delivery of such goods at the destination station which is later.

107.    Application for compensation for loss etc. of goods - An application for compensation for loss, destruction, damage, deterioration or non delivery of goods shall be filed against the railway administration on whom a notice under sec.106 has already been served.

108.    Person entitled to claim compensation :

1)If the railway administration pays compensation for the loss, destruction, damage, deterioration, non delivery of goods entrusted to it for carriage to the consignee or the endorsee producing the railway receipt, the railway administration shall be deemed to have discharged its liability and no application before the claims Tribunal or any other legal proceedings shall lie against the railway administration on the ground that the consignee or the endorsee was not legally entitled to receive such compensation.

2)    Nothing in sub sec. 1 shall affect the right of any person having any interest in the goods to enforce the same against the consignee or the endorsee receiving compensation under that sub section.

109.    Railway administration against which application for compensation for personal injury is to be filed -

An application before the Claims Tribunal for the loss of life, personal injury to the passenger may

be instituted against-

a)    the railway administration from which the passenger obtained his pass or purchased his ticket or

b)    the railway administration on whose railway the destination station lies or the loss or personal injury occurred.

110.    Burden of proof - In an application before the Claims Tribunal for compensation for loss, destruction, damage, deterioration or non delivery of goods, the burden of proving -

a) the monetary loss actually  sustained or

b) where the value has been declared under sub sec.2 of sec.103 in respect of any consignment that the value so declared is its true value.

in respect of any consignment that the value so declared is its true value shall lie on the person claiming compensation but subject to the provisions contained in this Act, it shall not be necessary for him to prove how the loss, destruction, damage, deterioration or non-delivery was caused.

111. Extent of liability of railway administration in respect of accidents at sea - 

1) When a railway administration contacts to carry passengers or goods partially by railway and partially by sea, the condition exempting the railway administration from responsibility for any loss of life, personal injury or loss of or damage to goods which may happen during the carriage by sea from act of God, public enemies, fire accidents from machinery, boilers and steam and all and every other dangers and accidents of the seas, rivers and navigation of whatever nature and kind shall without being expressed  be deemed to be part of the contract and subject to that condition, railway administration shall irrespective of the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of life  personal injury or loss of or damage to goods which may happen during the carriage by sea to the extent to which it would be responsible under the Merchant Shipping Act 1958 (44 of 1958 ) If the ships were registered under that Act and the railway administration were owner of the ship and not to any greater extent.

2)    The burden of proving that any such loss, injury as is mentioned in sub sec.1 happened during the carriage by sea shall lie on the railway administration.

112.    Power to make rules in respect of matters in the 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 packing of goods entrusted to a railway administration under Cl.(b) to sub sec.1 of Sec.98.

b) the goods  for the purposes of sub-section 3 of sec.99 and

c)    the maximum amount payable by the railway administration for the loss, destruction, damage, deterioration or non-delivery of any consignment under sub-section 1 of sec. 103. 

 

Liability of Railway Administration for Death and injury to Passengers due to Accidents.

123. Definitions- In this Chapter, unless the context otherwise requires-

    (a) "accident" means and accident of the nature described in Sec. 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 predeceased son, if dependent wholly or partly on the deceased passengers; 

    (iii) a minor child of a pre-deceased daughter, if wholly dependent on the deceased passenger;

    (iv) the paternal grand parent wholly dependent on the deceased passenger;

    (c) "untoward incident means"-

    (1) (i) the commission of a terrorist act within the meaning of sub-section (1) of Sec.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 passengers from a train carrying passengers.

    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 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.

    124-A 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 dependent 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 for 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.

Explanation-For the purposes of this section "passenger" includes-

    (i) a railway servant on duty; and

    (ii) a person who has purchased a valid ticket for travelling, by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident.

125. Application for compensation- (1) An application for compensation under Sec.124[or Sec. 124-A] may be made to the Claims Tribunal-

    (a) by the person who has sustained the injury or suffered any loss, or

    (b) by any agent duly authorised by such person in this behalf, or

    (c) where such person is minor, by his guardian, or

    (d) where death has resulted from the accident [or the untoward incident] by any dependent of the deceased or where such a dependent is a minor, by his guardian.

(2) every application by a dependent for compensation under this section shall be for the benefit of every other dependent.

126. Interim relief by railway administration- (1) Where a person who has made an application for compensation under Sec. 125 desires to be paid interim relief, he may apply to the railway administration for payment of interim relief along with a copy of the application made under that section.

(2) Where, on the receipt of an application made under sub-section (1) and after making such inquiry as it may deem fit, the railway administration is satisfied that circumstances exist which require relief to be afforded to the  applicant immediately, it may, pending determination by the Claims Tribunal of the actual amount of compensation payable under Sec.124 [or sec.124-A] pay to any person who has sustained the injury or suffered any loss, or where death has resulted from the accident , to any dependent of the deceased, such sum as it considers reasonable for affording such relief, so however, that the sum paid shall not exceed the amount of compensation payable at such rates as may  be prescribed.

(3) The railway administration shall, as soon, as may be, after making an order regarding payment of interim relief under sub-section (2), send a copy thereof to the Claims Tribunal.

 (4) Any sum paid by the railway administration under sub-section (2) shall be taken into account by the Claims Tribunal while determining the amount of compensation payable.

127. Determination of compensation in respect of any injury or loss of goods-(1) Subject to such rules as may be made, the rates of compensation payable in respect of any injury shall be determined by the Claims Tribunal.

(2) The compensation payable in respect of any loss of goods shall be such as the Claims Tribunal may, having regard to the circumstances of the case determine to be reasonable.

128. Saving as to certain rights-(1) The right of any person to claim compensation under Sec. 124 [or Sec.124-A] shall not affect the right of any such person to recover compensation payable under the Workmen's Compensation Act, 1923 (8 of 1923), or any other law for the time being in force; but no person shall be entitled to claim compensation more than once in respect of the same accident.

(2) Nothing in sub-section (1) shall affect the right of any person to claim compensation payable under any contract or scheme providing for payment of compensation for death or personal injury or for damage to property or any sum payable under any policy of insurance.

129. 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 compensation payable for death;

    (b) the nature of the injuries for which compensation shall be paid and the mount of such compensation.

 

Penalties and Offences

137. Fraudulently travelling or attempting to travel without proper pass or ticket-

(1) 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 Sec.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.

    (2) 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.

(3) the excess charge referred to in sub-section (2) shall be a sum equal to the ordinary single fare referred to in sub-section or fifty rupees, which ever is more.

(4) Notwithstanding anything contained inSec.65 of the Indian Penal Code, (45 of 1860) 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.

138. Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance.- (1) If any passenger-(a) being in or having alighted from a train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on a demand being made therefore under Sec.54, or

    (b) travels in a train in contravention of the provisions of Sec. 55, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, 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 the case of their having been examined more than once, were last examined.

(2) If any passengers-

    (a) travels or attempts to travel in or on a carriage, or by a train, of a higher class than that for which he has obtained a pass or purchased a tickets; or 

    (b) travels in or on a carriage beyond the place authorised by his pass or ticket,

he shall be liable to pay, on the demand of any railway servant authorised in this behalf, any difference between the fare paid by him and the fare payable in respect of the journey he has made and the excess charge referred to in sub-section (3)

(3) The excess charge shall be a sum equal to the amount payable under sub-section (1) or sub-section (2), as the case maybe, or fifty rupees, whichever is more:

    Provided that if the passenger has with him a certificate granted under sub-section (2) of Sec.55, no excess charge shall be payable.

(4) If any passenger liable to pay the excess charge and the fare mentioned in sub-section (1), or the excess charge and any difference of fare mentioned in sub-section (2), fails or refuses to pay the same on  demand being made therefore under one or other of these sub-section, as the case may be, any railway servant authorised by the railway administration in this behalf may apply to any Metropolitan Magistrate or a Judicial Magistrate of the first or second class, as the case may be, for the recovery of the sum payable as if it were a fine, and the Magistrate if satisfied  that the sum is payable shall order it to be so recovered, and may order that the person liable for the payment shall in default of payment suffer imprisonment of either description for a team which may extend to one month but not less than ten days.

(5) Any sum recovered under sub-section (4) shall, as and when it is recovered, be paid to the railway administration.

 139. Power to remove persons- Any person failing or refusing to pay the fare and the excess charge referred to inSec.138 may be removed by any railway servant authorised in this behalf who may call to his aid any other person to effect such removal:

    Provided that nothing in this section shall be deemed to prcelude a person removed from a carriage of a higher class from continuing his journey in a carriage of a class for which he holds a pass or tickets.

    Provided further that a woman or a child if unaccompanied by a male passenger, shall not be so removed except either at the station from where she or he commences her or his journey or at a junction or terminal station or station at the headquarters of a civil district and such removal shall be made only during the day.

140. Security for good behaviour in certain cases-(1) When a court convicting a person  of an offence under Sec.137 or Sec.138 finds that he has been habitually committing or attempting to commit that offence and the Court is of the opinion that it is necessary or desirable to require that person to execute a bond for good behaviour such court may at the time of passing the sentence on the person order him to execute a bond with or without sureties for such amount and for such period not exceeding three years as it deems fit.

2)    An order under sub-section 1 may also be made by an Apellate  Court or by the High Court when exercising its powers of revision.

141. Needlessly interfering with means of communication in a train - If any passenger or any other person, without reasonable and sufficient cause, makes use of, or interferes with, any means provided by a railway administration in a train for communication between passenger and the railway  servant in charge of the train he shall be punishable with imprisonment for a term which may extend to one year, 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, where a passenger without reasonable and sufficient cause, makes use of the alarm chain provided by a railway administration, such punishment shall not be less than -

a) a fine of five hundred rupees, in the case of conviction for the first offence; and

b) imprisonment for three months in case of conviction for the second or subsequent offence. 

142.    Penalty for transfer of ticket - 1) If any person not being a railway servant or an agent authorised in this behalf -

a)    sells or attempts to sell any ticket or any half of a return ticket ; or

b)    parts or attempts to part with the possession of a ticket against which reservation of a seat or berth has been made or any half of a return ticket or a season ticket,

in order to enable any other person to travel therewith, he shall be punishable with imprisonment for  a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both and shall also forfeit the ticket which he sells or attempts to sell or parts or attempts to part.

2) If any person purchases any ticket referred to in Cl. (a) of sub-section (1) or obtains the possession of any ticket referred to in Cl. (b) of that sub-sec. from any person other than a railway servant or an agent authorised in  this behalf, he shall be punishable imprisonment for a term which may extend to three months and with fine which may extend to five hundred rupees and if the purchaser or holder of any ticket aforesaid travels or attempts to travel therewith he shall forfeit the ticket which he so purchased or obtained and shall be deemed to be travelling without  a proper ticket and shall be  liable to be dealt with under sec. 138.

    Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court, the punishment  under sub sec. 1 or sub sec. 2 shall not be less than a fine of two hundred and fifty rupees.

143.    Penalty for unauthorised carrying on of business of procuring and supplying of  railway tickets-

1)    if any person not being a railway servant or an agent authorised in this behalf ,-

a) carries on the business of procuring and supplying tickets for travel on a railway or for reserved accommodation journey in a train; or

b)    purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person 

he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees or with both and shall also forfeit the tickets which he so procures, supplies, purchases, sells or attempts to purchase or sell :

    provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court, such punishment shall not be less than for  a term of one month or a fine of five thousand rupees.

2)    Whoever abets any offence punishable under this section shall, whether or not such offence is committed, be punishable with the same punishment as is provided for the offence.

144.    Prohibition on hawking etc. and begging -

1) if any person canvasses for any custom or hawks or exposes for sale any article what so ever in any railway carriage or upon any part of a railway except under and in accordance with the terms and conditions of a licence granted by the railway administration in this behalf, he shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court. Such punishment shall not be less than a fine of one thousand rupees.

2)    if any person begs in any railway carriage or upon a railway station, he shall be liable for punishment as provided under sub sec.1.

3)    any person referred to in sub sec. 1 or sub sec.2 may be removed from the railway carriage or any part of the railway or railway station as the case may be by any railway servant authorised in this behalf or by any other person whom such railway servant may call to his aid.

145. Drunkenness or nuisance - if any person in any railway carriage or upon any part of a railway -

a)    is in a state of intoxication ; or

b)    commits any nuisance or act of indecency or uses abusive or obscene language or

c)    wilfully or without excuse interferes with any amenity provided by a railway administration so as to affect the comfortable travel of any passenger, he may be removed from the railway by  any railway servant and shall in addition to the forfeiture of his pass or ticket be punishable with imprisonment which may extend to six months and with fine which may extend to five hundred rupees. 

    Provided that in the absence of special  and adequate reasons to the reasons to be mentioned in the judgement of the court, such punishment shall not be less than 

a)    a fine of one hundred rupees in the case of conviction for the first offence and

b)    imprisonment of one month and a fine of two hundred and fifty rupees in the case of conviction for second or subsequent offence.

146.    Obstructing railway servant in his duties - If any person wilfully obstructs or prevents any railway servant in the discharge of his duties, 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.

147.    Trespass and refusal to desist from trespass - If any person enters upon or into any part of a railway without lawful authority or having lawfully entered upon or into such part misuses such property or refuses to leave, 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 judgement of the court, such punishment shall not be less than a fine of rupees five hundred .

2)    Any person referred to in sub sec. 1 may be removed from the railway by any railway servant or by any other person whom such railway servant may call to his aid.

148.    Penalty for making a false statement in an application for compensation - If in any application for compensation under section 125 any person makes a statement which is false or which he knows or believes to be falls or does not believed to be true, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

149.    Making a false claim for compensation -

        If any person requiring compensation from a railway administration for loss destruction damage, deterioration or non delivery or any consignment makes a claim which is false or which he knows or believes to be false or does not believes to be true, he shall be punishable with imprisonment for  term which may extend to three years or with fine or both.  

150.    Maliciously wrecking or attempting to wreck a train -

1) Subject to the provisions under sub sec. 2 if any person unlawfully -

a)    puts or throws upon or across any railways, any wood, stone or other matter or thing or

b)    takes up, removes, loosens or displaces any rail, sleeper or other matter or things belonging to any railway or

c)    turns, moves, unlocks or diverts any points or other machinery belonging to any railway or

d)    makes or shows or hides or removes any single or light upon near to any railway or

e)    does or causes to be done or attempts to do any other act or thing  in relation to any railway with intent or with knowledge that he is likely to endanger the safety or any person travelling or being upon the railway, he shall be punishable with imprisonment for life or with rigorous imprisonment for a term which may extend to ten years.

    Provided that in the absence of special or adequate reasons to the contrary  to be mentioned in the judgement of a court where a person is punishable with rigorous imprisonment, such imprisonment shall not be less than-

a) three years, in the case of a conviction for the first offence and

b) seven years in the case of conviction for the second  or subsequent offence

2.    if any person unlawfully does any act or thing referred to in any of the clauses of sub-section 1-

a_    with intent to cause the death of any person and the doing of such act or thing causes the death of any person ; or

b)    with knowledge that such act or thing is so imminently dangerous that it must in all probability cause the death of any person or such bodily injury to any person as is likely to cause the death of such person shall be punishable with death or imprisonment for life.

151.    Damage to or destruction of certain railway properties -

1)    if any person with intent to cause or knowing that he is likely to cause damage or destruction to any property of a railway referred to in sub section 2 caused by fire, explosive substance or otherwise, damage to such property or destruction to such property, he shall be punishable with imprisonment for a term which may extend to five years or with fine or with both.   

2)    the properties of a railway referred to in sub section 1 a railway track bridges, station, buildings and installations, carriages or wagons locomotives, signalling, telecommunications, electric traction and block equipments and such other properties as the Central Govt. being of the opinion that damage thereto or destruction thereof is likely to endanger the operation of  railway may, by notification, specify.

152.    Maliciously hurting or attempting to hurt persons travelling by railway - if any person unlawfully throws or causes to fall or strike at against, into or upon any rolling stock forming part of a train, any wood stone or other matter or thing with intend or with knowledge that he is likely to en danger the safety of any person being in or upon such rolling stock or in or upon any other rolling stock forming part of the same train, he shall be punishable with imprisonment for life or with imprisonment for a term which may extent to ten years.

153.    Endangering safety of persons travelling by railway by wilful act and omission- if any person by any unlawful act or by any wilfully omission or neglect endangers or causes to be endangered the safety of any person travelling on or being upon any railway, or obstruct or causes to be obstructed or attempts to obstruct any rolling stock upon any railway, he shall be punishable with imprisonment for a term which may extent to five years.

154.    Endangering safety of persons travelling by railway by rash or negligent act or omission - if any person in a rash and negligent manner does any act or omits to do what he is legally bound to do and the act or omission is likely to endanger the safety of any person travelling or being upon any railway, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.

155.    Endangering into a compartment reserved or resisting entry into a compartment not reserved - 1) If any passenger

a)     having entered a compartment wherein no berth or seat has been reserved by a railway administration for his use or

b)    having un authorizedly occupied a berth or seat reserved by railway administration for the use of another passenger refuses to leave it when required it to do so by any railway servant authorised in this behalf, such railway servant may remove him or cause him to be removed with the aid of any other person from the compartment, berth or seat as the case may be, and he shall also be punishable with fine which may extend to five hundred rupees

2)    If any passenger resists the lawful entry of another passenger into a compartment not reserved for the use of the passenger resisting, he shall be punishable with fine, which may extend to two hundred rupees.

156.    Travelling on roof, step or engine of a train -

    If any passenger or any other person after being warned by a railway servant to desist, persists in travelling on thereof, step or footboard of any carriage or on an engine, or in any part of a train, not intended for the use of passengers, he shall be punishable with imprisonment for a term which may extent to three months, or with fine which may extend to five hundred rupees or with both or may be removed from the railway by railway servant.

157.    Altering or defacing pass or ticket - If any passenger wilfully alters or defaces his pass or ticket so as to render the date number or any material portion thereof illegible, he shall be punishable with imprisonment for a term which may extend to three months or with fine which may extent to five hundred rupees or with both.

158    Penalty for contravention of any of the provision of Chapter XIV 

Any person under whose authority any railway servant is employed in contravention of any of the provisions of chapter XIV or of the rules made there under shall be punishable with fine which may extend to five hundred rupees. .