Laws Regarding Railway Safety:
The Matrix Below Shows all the Relevant Laws that covers Railway Safety Issues.
Year |
Name of Law |
Type of Law |
Provision (In Detail) |
Effective Date |
1957 |
THE RAILWAY PROTECTION FORCE ACT[1] |
Act |
This Act came into force to protect "Railway Property", "Passenger Area" and "Passengers" |
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A Force to be Constituted after this Act (Section – 3 & 4) |
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Duty, Responsibilities, Rules, Penalties and enforced acts |
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1987 |
THE RAILWAY CLAIMS TRIBUNAL ACT[2] |
Act |
The act is to establish a "Railway Claims Tribunal" to investigate and adjudicate claims against a railway administration for the loss, destruction, damage, or deterioration of goods or animals entrusted to it for railroad transportation, or for repayment of freight or fare, or for compensation for passenger deaths or injuries resulting from railway accidents. |
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1989 |
THE RAILWAYS ACT[3] |
Act |
The Act covers all of the regulations for railway zones, job, construction and maintenance, employment and passenger services. An Act allows to consolidate and amend the laws relating to Railways. |
1989-06-03 |
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The Railways (Amendment) Act, 1994[4] |
Amendment |
This can be called "Railway Accidents (Compensation) Amendments Rules, 1994 which includes subrules explaining "untoward incident" – Section 124A |
21st July, 1994 |
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The Railways (Amendment) Act, 2003[5] |
Amendment |
RAILWAY PROTECTION FORCE (Amendment) ACT new definitions of "passenger" and passenger area" have been included in section 2. Mandatory Duty under Section 11, Railway Property under Section 12, and the powers of the force has been mentioned. |
2003 |
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The Railways (Amendment) Act, 2005[6] |
Amendment |
new definitions of "Authority", "Railway Land". Inclusion of new CHAPTER IIA - "RAIL LAND DEVELOPMENT AUTHORITY" |
15th September, 2005 |
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The Railways (Amendment) Act, 2008[7] |
Amendment |
Insertion of new Chapter IVA (land acquisition) |
2008 |
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The Railways (Amendment) Act, 2012[8] |
Amendment |
Also named as Railway Property Amendment Act. |
5th day of August,2012 |
Incident Type |
Sections of THE RAILWAYS ACT, 1989 of INDIA[9] |
Provisions that cover it |
Liability |
Punishment |
Accident (overall) |
CHAPTER IV CONSTRUCTION AND MAINTENANCE OF WORKS Section: 14. Temporary changes of land to remove obstruction, repair or to prevent accident.
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CHAPTER XI RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS Section: 111. Extent of liability of railway administration in respect of accidents at sea.
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CHAPTER XII ACCIDENTS Notice of railway accident, inquiry, process, Investigations and procedure. Section: 113 to 122
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CHAPTER XIII LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERS DUE TO ACCIDENTS Compensations, Interim Relief. Section: 123 to 129
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DERAILMENT |
113,124 |
113 If the derailment of any passenger train occurs, then the station master/railway servant of the nearest station have to give notice to District Magistrate and Superintendent of Police without any delay.
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124 Railway administration shall be liable to pay compensation to death, personal injury of a passenger and loss, destruction, damage or deterioration of goods owned by the passenger which took place for railway accidents like "DERAILMENT".
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Railway |
Compensation |
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SIGNAL PROBLEM |
150(d), 151, 174 |
150(d) Malicious Act Done by anybody except railway servants intentionally to changes in any signal or light upon or near to any railway to distract the loco pilot, the person who have done this shall be punishable with lifetime imprisonment, or with rigorous imprisonment for a term which may extend to ten years. (Minimum seven years for this act)
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Anybody Except Railway Servant |
Minimum seven years of rigorous imprisonment for this act |
151 If any person intentionally acts or omit something to cause, likely to cause damage to railway property ("Signalling"), the person shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.
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Anybody Except Railway Servant |
imprisonment for a term which may extend to five years, or with fine, or with both |
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174 If a Railway Servant (on or off-duty) / Any person obstructs running of train by doing malicious acts including "tampering with signal gear" shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both
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Railway Servant or Anybody Except Railway Servant |
imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both |
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TRAIN-TO-TRAIN COLLISION |
113,124 |
113 If the Train-to-Train Collision of any passenger train occurs, then the station master/railway servant of the nearest station have to give notice to District Magistrate and Superintendent of Police without any delay.
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124 Railway administration shall be liable to pay compensation to death, personal injury of a passenger and loss, destruction, damage or deterioration of goods owned by the passenger which took place for railway accidents like "DERAILMENT".
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Railway |
Compensation |
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OVERCROWDING |
124A, 57 |
124A (Untoward Incident)[10]
For Untoward Incidents by Passengers, Railway is not liable to pay compensation for that. Those type of incidents are: -
(a) Self-Destruction or attempting to do so (b) self-inflicted injury (c) own criminal intensions or work (d) any act done or omitted to be done 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.
And these incidents could be done by passengers which include a person with valid ticket and a railway servant too.
In this matter, boarding to overcrowding train is the passenger's own choice, the person is liable for his own fault.
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Ownself |
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57
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PASSENGER FAULT |
57, 59, 145, 146,156,164 |
57 If Central Govt. Approves, Railway administrations must display the maximum number of passengers allowed in each compartment in Hindi, English, and regional languages used in the area served, subject to Central Government approval. Passenger should not hang from the gates of compartments in the overcrowded train, if does, it's his own risk, and railway is not liable for that.
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59 If Central Govt. Approves, the means of passengers and railway servant communication provided in a train are being misuse, and that is why Rail cannot provide it properly, so it is totally passenger's fault.
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145
If a person does these nuisance: (a) intoxication (b) commits any nuisance, uses abusive or obscene language (c) wilfully interferes with railway amenity that affects the comfortable travel of any passenger
Will be punished by 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 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.
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Own self |
1)the forfeiture of his pass or ticket,
2)imprisonment which may extend to six months and with fine 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.
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146 If someone intentionally obstructs a railway employee/servant from performing their duties, they may face imprisonment for up to six months, a fine of up to a thousand rupees, or both.
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The person |
imprisonment for up to six months, a fine of up to a thousand rupees, or both. |
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156 If any passenger travels in the parts of a train which are not intended for the use of passengers like: the roof, step or footboard of any carriage, on an engine etc. 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
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164 If any person unlawfully carries dangerous goods on a railway which might cause severe accidents shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees or with both and shall also be liable for any loss, injury or damage if such incidents occurs.
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145,146, 159, 160, 161,167 |
145 If a person does these nuisance: (a) intoxication (b) commits any nuisance, uses abusive or obscene language (c) wilfully interferes with railway amenity that affects the comfortable travel of any passenger
Will be punished by 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 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.
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146 If someone intentionally obstructs a railway employee/servant from performing their duties, they may face imprisonment for up to six months, a fine of up to a thousand rupees, or both.
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Any person other than Railway Servant |
imprisonment for up to six months, a fine of up to a thousand rupees, or both |
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159 Misconduct and Disobedience of Drivers/Conductors of any other vehicles near railway premises to the railway rules/words of railway admin/servants, those persons shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
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Drivers/Conductors of any other vehicles near railway premises |
imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
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160 If any person, other than a railway servant intentionally opens any gate, chain or barrier set up on either side of a level crossing without permission from administration shall be punishable with imprisonment up to three years.
If any person tries to break those shall be punishable with imprisonment up to five years.
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Any person other than Railway Servant |
OPENS: imprisonment up to three years |
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BREAKS: imprisonment up to five years. |
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161 A person Negligently crossing unmanned level crossing shall be punishable with imprisonment up to one year.
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The person |
imprisonment up to one year |
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167 Smoking or Burning Such Things Nearby Railway Area might cause accident and the person will be fined with 100 rupees |
The person |
person will be fined with 100 rupees |
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NEGLIGENCE IN ENGINE, CHASIS, WHEEL, INTERLOCKING AND OTHER TECHNICAL FAULTS and ANY OTHER NON-TECHNICAL FAULTS BY RAILWAY SERVANT UNDER DUTY |
169, 172, 173, 175, 176 |
169: If a non-Government railway fails to comply with a Central Government's decision, or direction under this Act (The Railway Act, 1989), or violates any of its provisions, the Central Government may ask levy/penalty of up to two hundred and fifty rupees, plus a further penalty of up to one hundred and fifty rupees for each day of the violation.
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Non-Government Railway |
levy/penalty of up to two hundred and fifty rupees, plus a further penalty of up to one hundred and fifty rupees for each day of the violation.
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172 If the Railway Servant is intoxicated by their own choice and neglects his duty, and for which if any incident occurs, the servant would be liable for that and such railway servant shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
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Railway Servant |
imprisonment for a term which may extend to one year, or with fine, or with both.
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173 If an on-duty Railway Servant rejects to do his work like abandoning train or rejects to do any other responsibility without any authority shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both
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Railway Servant (ON-DUTY) |
imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both
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175 If an on-duty Railway Servant endangers the safety of other person by (a) disobeying any rule of this Act (b) disobeying any instruction, direction or order (c) any rash or negligent act or omission shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
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Railway Servant (ON-DUTY) |
imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
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176 If any railway servant unnecessarily obstructs level crossing with train that is against the public movement, the servant shall be punishable with fine which may extend to one hundred rupees. |
Railway Servant (ON-DUTY) |
shall be punishable with fine which may extend to 100 rupees. |
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