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THE RAILWAYS ACT, 1890
CONTENTS
___________
CHAPTER I
PRELIMINARY
1. Title, extent and commencement
2. [Repealed]
3. Definitions
CHAPTER II
INSPECTION OF RAILWAYS
4. [Omitted]
5. [Omitted]
6. [Omitted]
CHAPTER III
CONSTRUCTION AND MAINTENANCE OF WORKS
7. Authority of Railway Administrations to execute all necessary works
8. Alteration of pipes, wires and drains
8A. Protection for Government property
9. Temporary entry upon land for repairing or preventing accident
10. Payment of compensation for damage caused by lawful exercise of powers under the
foregoing provisions of this Chapter
11. Accommodation works
12. Power for owner-occupier or local authority to cause additional accommodation works to be
made
Page 1 of 43
13. Fences, screens, gates and bars
14. Over and under bridges
14A. The term licensee
15. Removal of trees dangerous to or obstructing the working of a railway
CHAPTER IV
OPENING OF RAILWAYS
16. [Omitted]
17. [Omitted]
18. [Omitted]
19. [Omitted]
20. [Omitted]
21. [Omitted]
22. [Omitted]
23. [Omitted]
24. [Omitted]
25. [Omitted]
CHAPTER V
TRAFFIC FACILITIES
26-40. [Repealed]
41. Bar of jurisdiction of ordinary Courts in certain matters.
42. [Omitted]
42A [Omitted]
42B. [Omitted]
43. [Omitted]
44. [Omitted]
45. Terminals
46. Power of Authority to x terminals
46A. [Omitted]
Page 2 of 43
46B. [Omitted]
CHAPTER VI
WORKING OF RAILWAYS
General
47. [Omitted]
48. [Omitted]
49. [Omitted]
50. [Omitted]
51. [Omitted]
51A. [Omitted]
52. [Omitted]
Carriage of Property
53. Maximum load for wagons
54. Power for Railway Administrations to impose conditions for working traffic
55. Lien for rates, terminals and other charges
56. Disposal of unclaimed things on a railway
57. Power for Railway Administrations to require indemnity on delivery of goods in certain cases
58. Requisitions for written accounts of description of goods
59. Dangerous or offensive goods
60. Exhibition the public of authority for quoted rates
61. Requisitions on Railway Administrations for details of gross charges
Carriage of Passengers
62. Communication between passengers and railway employees in charge of trains
63. Maximum number of passengers for each compartment
64. Reservation compartments for females
65. Exhibition of time-tables and tables fares at stations
66. Supply of tickets on payment of fares
Page 3 of 43
67. Provision for case in which tickets have been issued for trains not having room available for
additional passengers
68. Prohibition against traveling without pass or ticket
69. Exhibition and surrender of passes and tickets
70. Prohibition against transfer of certain tickets
71. Power to refuse to carry persons suffering from infectious or contagious disorder.
CHAPTER VI-A
LIMITATION OF EMPLOYEMENT OF RAILWAY SERVANTS
71A-71H. [Omitted]
CHAPTER VII
RESPONSIBILITIES OF LICENSEES AS CARRIERS.
72. Measure of the general responsibility of a licensee as a carrier of animals and goods
73. Further provision with respect to the liability of a licensee as a carrier of animals
74. Further provision with respect to the liability of a licensee as a carrier of luggage
75. Further provision with respect to the liability of a licensee as a carrier of articles of special
value
76. Burden of proof in suits in respect of loss of animals or goods
77. Notification of claims of refunds of overcharges and to compensation for losses
78. Exoneration from responsibility in case of goods falsely described
79. Settlement of compensation for injuries to officers, soldiers, airmen and followers on duty
80. Suits for compensation for injury to through booked traffic
81. [Repealed]
82. [Omitted]
82A. Liability of licensee in respect of accidents to trains carrying passengers
CHAPTER VIII
ACCIDENTS
83. Report of the railway accidents
84. Power to make rules regarding notices of and inquiries into accidents
85. Submission of return of accidents
Page 4 of 43
86. Provision for compulsory medical examination of person injured in railway accident
CHAPTER IX
PENALTIES AND OFFENCES
Forfeitures by Railway Companies
87. Penalty for default in compliance with requisition under section 13
88. [Omitted]
89. Penalty for not having certain documents kept or exhibited at stations under section 54 or
65
90. [Omitted]
91. [Omitted]
92. Penalty for delay in submitting returns under * * * 85
93. Penalty for neglect of provisions of section 53 or 63 with respect to carrying capacity of
rolling-stock
94. Penalty for failure to comply with requisition under section 62 for maintenance of means of
communication between passengers and railway employees
95. Penalty for failure to reserve compartments for females under section 64
96. Penalty for omitting to give the notices of accidents required by section 83 and under
section 84
97. Recovery of penalties
98. Alternative or supplementary character of remedies afforded by the foregoing provisions of
this Chapter
Offences by Railway Servants
99. Breach of duty imposed by section 60.
100. Drunkenness
101. Endangering the safety of persons
102. Compelling passengers to enter carriages already full.
103. Omission to give notice of accident
104. Obstructing level-crossings
105. False returns
Page 5 of 43
Other Offences
106. Giving false account of goods
107. Unlawfully bringing dangerous or offensive goods upon a railway
108. Needlessly interfering with means of communication in a train
109. Entering compartment reserved or already full or resisting entry into a compartment not full
110. Smoking
111. Defacing public notices
112. Fraudulently traveling or attempting to travel without proper pass or ticket
113. Travelling without pass or ticket or with insufficient pass or ticket or beyond authorized
distance
113A. Power to remove persons from railway carriage
114. Penalty for transfer of tickets
115. Disposal of fines under the two last foregoing sections
116. Altering or defacing pass or ticket
117. Being or suffering person to travel on railway with infectious or contagious disorder
118. Entering carriage in motion, or otherwise improperly traveling on a railway
119. Entering carriage or other place reserved for females
120. Drunkenness or nuisance on a railway
121. Obstructing railway employee in his duty
122. Trespass and refusal to desist from trespass
123. Disobediences of omnibus drivers to directions of railway employee
124. Opening or not properly shutting gates
125. Cattle trespass
126. Maliciously wrecking or attempting to wrecktrain
127. Maliciously hurting or attempting to hurt persons travelling by railway or damaging
property belonging to railway
128. Endangering safety of persons travelling by railway by wilful act or omission
129. Endangering safety of persons travelling by railway by rash or negligent act or omission
130. Special provision with respect to the commission by children of acts endangering safety of
persons travelling by railway
Page 6 of 43
Procedure
130A. Power to detain and search in cases of suspected theft
131. Arrest for offences against certain sections
131A. Summary trial of certain offences
132. Arrest of persons likely to abscond or unknown
133. Magistrates having jurisdiction under Act
133A. Certain railway servants to have powers of Magistrate
134. Place of trial
CHAPTER X
SUPPLEMENTAL PROVISONS
135. Taxation of railways by local authorities
136. Restriction on execution against railway property
137. Railway servants to be public servants for the purposes of Chapter IX of the Pakistan Penal
Code
138. Procedure for summary delivery to licensee of property detained by railway employee
139. [Repealed]
140. Service of notices on Railway Administrations
141. Service of notices by Railway Administrations
142. Presumption where notice is served by post
143. Provisions with respect of rules
144. [Omitted]
145. Representation of Managers and Agents of Railways in Courts
146. Power to extend Act to certain tramways
147. Power to exempt railway from the operation of the provisions of the Act
148. Matters supplemental to the definitions of “railway” and “railway employee”
149. [Repealed]
150. [Repealed]
THE FIRST SCHEDULE.— [REPEALED]
THE SECOND SCHEDULE
Page 7 of 43
THE RAILWAYS ACT, 1890
1
Act NO.IX OF 1890
[21st March, 1890]
An Act to consolidate, amend and add to the law relating to Railways 2* *.
WHEREAS it is expedient to consolidate, amend and add to the law relating to railways 2* *; It
is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
1. Title, extent and commencement.—(1) This Act may be called the 3[*] Railways Act, 1890.
4
[(2) It extends to the whole of Pakistan and applies also to all citizens of Pakistan wherever
they may be.]
(3) It shall come into force on the first day of May, 1890.
2. [Repeal.] Rep. by the Repealing Act, 1938 (1 of 1938), s.2 and Schedule.
5
[3. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(a) “accident” means as defined in the Ordinance,
(b) “Authority” means as defined in the Ordinance,
(c) “Collector” means the chief officer in charge of the land-revenue administration
of a district, and includes any officer specially appointed by the Provincial
Government to discharge the functions of a Collector under this Act;
(d) “ferry” includes a bridge of boats, pontoons or rafts, a swing bridge, a flying
bridge and a temporary bridge, and the approaches to, and landing places of, a
ferry;
(e) “goods” means as defined in the Ordinance;
1
For Statement of Objects and Reasons, see Gazette of India, 1888, Pt.V, p.133; for Report of the Select Committee, see. ibid., 1890, Pt.V, p.23 and for
debates in Council, see ibid., 1888, Pt.VI, pp. 124 and 137, and ibid., 1890, Pt.VI, pp.15 and 48.
This Act has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950), and in the
Federated Areas of Baluchistan, see Gazette of India, 1937, Pt.I.p.1499.
Chapter VIA of this Act has been extended to–
(a) the Baluchistan States Union, see, G.G.O. 4 of 1953, as amended,
(b) the Khairpur State, see G.G.O. 5 of 1953, as amended by G.G.O. 24 of 1953, and
(c) the State of Bahawalpur, see G.G.O. 11 of 1953
The Railway Board Ordinance, 1959 (48 of 1959), shall be read with, and taken as part of this Act, and shall be construed accordingly, see
section 2 of the said Ordinance.
The Act has been and shall be deemed to has been brought into force in Gowadur with effect from the 8th September, 1958, by the Gwadur (Application
of Central Laws) Ordinance, 1960 (37 of 1960), s.2.
2
The words “in India” omitted by A.O., 1949, Sch.
3
The word “Indian” omitted by A.O., 1949, Sch.
4
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for the original
sub-section (2) as amended by the Burma Laws Act, 1898, (13 of 1898), s.18, A.O., 1949, Sch. And the Federal Laws (Revision and Declaration) Act,
1951 (26 of 1951), s. 8.
5
Subs. by ord. 92 of 02, s.44 and Sch. II.
Page 8 of 43
(f) “inland water” means any canal, river, lake or navigable water;
1
(g) [* * *];
(h) “licence” means as defined in the Ordinance;
(i) “licensee” means as defined in the Ordinance;
(j) “one kilogram” means a weight of one thousand grams, each gram being a weight
of one thousand milligrams;
(k) “Ordinance” means the Railway Regulatory Authority Ordinance, 2002 (XCII of
2002);
(l) “pass” means an authority given by a licensee, or by a person appointed by such
licensee in this behalf, and authorizing the person to whom it is given to travel
gratuitously on a train operated by that licensee;
(m) “railway” means a railway, or any portion of a railway, for the public carriage of
passengers, animals or goods, and includes—
(i) all land within the fences or other boundary-marks indicating the limits of
the land appurtenant to a railway;
(ii) all lines of rails, sidings, or branches worked over for the purposes of, or in
connection with, a railway;
(iii) all stations, offices, warehouses, wharves, workshops, manufactories, fixed
plant and machinery and other works constructed for the purposes of, or in
connection with, a railway;
(iv) all ferries, ships, boats and rafts which are used on inland waters for the
purposes of the traffic of a railway and belong to or are hired or worked by
the authority administering the railway; and
(v) railway infrastructure, as defined in the Ordinance;
(n) “railway administration” means as defined in the Ordinance;
1
(o) [* * *];
(p) “railway employee” means as defined in the Ordinance;
(q) “rate” includes any fare, charge or other payment for the carriage of any passenger,
animal or goods;
(r) “rolling-stock” means as defined in the Ordinance;
(s) “terminals” includes charges in respect of stations, wharves, depots,
warehouses, cranes and other similar matters and of any services rendered
thereat;
(t) “through traffic” means traffic which is carried over the railway of two or
more railway administrations;
(u) “ticket” includes a single ticket, a return ticket and a season ticket;
1
Omitted by ord. 92 of 02, s.44 and Sch. II.
Page 9 of 43
(v) “traffic” includes rolling-stock of every description, as well as passengers,
animals and goods; and
(w) “tramway” means a tramway constructed under the Tramways Act, 1886 (XI
of 1886), or any special Act relating to tramways.]
CHAPTER II
INSPECTION OF RAILWAYS
1
4. to 6. [Omitted]
CHAPTER III
CONSTRUCTION AND MAINTENANCE OF WORKS
2
7. Authority of railway administrations to execute all necessary works.—(1) Subject to
the provisions of this Act and, in the case of immoveable property not belonging to the 3[licensee], to
the provisions of any enactment for the time being in force for the acquisition of land for public
purposes and for companies, 3[and subject also, in the case of licensees, to the provisions of their
licence, a railway or the accommodation or other works connected therewith, and notwithstanding
anything in any other enactment for the time being in force],—
(a) make or construct in, upon, across, under or over any lands, or any streets, hills
valleys, roads, railways or tramways, or any rivers, canals, brooks, streams or
other waters, or any drains, water-pipes, gas-pipes or telegraph lines, such
temporary or permanent inclined planes, arches, tunnels, culverts, embankments,
aqueducts, bridges, roads, 4[lines of railway], ways, passages, conduits, drains,
piers, cuttings and fences as the 3[licensee] thinks proper;
(b) alter the course of any rivers, brooks, streams, or watercourses, for the purpose of
constructing and maintaining tunnels, bridges, passages or other works over or
under them, and divert or alter, as well temporarily as permanently, the course of
any rivers, brooks, streams or watercourses or any roads, streets or ways, or raise
or sink the level thereof, in order the more conveniently to carry them over or
under or by the side of the railway, as the 3[licensee] thinks proper;
(c) make drains or conduits into, through or under any lands adjoining the railway for
the purpose of conveying water from or to the railway;
(d) erect and construct such houses, warehouses, offices and other buildings, and such
yards, stations, wharves, engines, machinery, apparatus and other works and
conveniences as the 3[licensee] thinks proper;
1
section 4-6 omitted by ord. 92 of 02, s.44 and Sch. II.
2
Cf the Railways Clauses Act, 1845 (8 & 9 Vict., C. 20), s. 16.
3
Subs. by ord. 92 of 02, s.44 & Sch.II.
4
Ins by the Indian Railways Act (1890) Amendment Act, 1896 (9 of 1896), s.1
Page 10 of 43
(e) alter, repair or discontinue such buildings, works and conveniences as aforesaid
or any of them and substitute others in their stead; and
1
[(f) subject to the terms of a licence, do all other acts necessary for making maintaining,
altering or repairing and using the railway.]
1
[(2) The exercise of the powers conferred on a licensee by sub-section (1) shall be subject to
the control of the Federal Government or, the Authority, as the case may be.]
8. Alteration of pipes, wires and drains. A 1[licensee] may, for the purpose of exercising the
powers conferred upon it by this Act, alter the position of any pipe for the supply of gas, water or
compressed air or the position of any electric wire or of any drain not being a main drain:
Provided that—
(a) when the 1[licensee] desires to alter the position of any such pipe, wire or drain,
it shall give reasonable notice of its intention to do so, and of the time at which it
will begin to do so, to the 2local authority or company having control over the
pipe, wire or drain, or, when the pipe, wire or drain is not under the control of a
local authority or company, to the person under whose control the pipe, wire or
drain is;
(b) a local authority, company or person receiving notice under proviso (a) may send
a person to superintend the work, and the 1[licensee] shall execute the work to the
reasonable satisfaction of the person so sent and shall make arrangements for
continuing during the execution of the work the supply of gas, water, compressed
air or electricity or the maintenance of the drainage, as the case may be.
3
[8A. Protection for Government property. Nothing in the two last preceding sections shall
authorise the doing of anything on or to any works, lands, or buildings vested in, or in the possession
of, 4* * * the 5[Federal Government] without the consent of that Government, or the doing of anything
on or to any works, lands or buildings vested in, or in the possession of, 4* * * a Province without the
consent of the Provincial Government 6[or the doing of anything on or to any works, lands or buildings
vested in, or in the possession of, the Government of an Acceding State without the consent of that
Government].]
79. Temporary entry upon land for repairing or preventing accident. The 1[Authority] may
authorise any 1[licensee], in case of any slip or other accident happening or being apprehended to any
cutting, embankment or other work under the control of the 1[licensee], to enter upon any lands
adjoining its railway for the purpose of repairing or preventing the accident, and to do all such works
as may be necessary for the purpose.
1
Subs. by Ord. 92 of 02, s.44 & Sch.II.
2
For definition of “local authority”, see s. 3 (28) of the General Clauses Act, 1897 (10 of 1897).
3
Section 8A ins. by A.O., 1937.
4
The words “His Majesty for the purposes of” omitted by A.O.,1961, Art. 2 and Sch. (with effect from the 23rd March, 1956).
5
Subs. by F. A. O., 1975, Art. 2 and Table, for “Central Government”.
6
Added by A. O., 1949, Sch.
7
Cf. the Railway Regulation Act, 1842 (5 & 6 Viet., c. 55), s. 14.
Page 11 of 43
(2) In case of necessity the 1[licensee], may enter upon the lands and do the works aforesaid
without having obtained the previous sanction of the Federal Government 1[or the Authority, as the
case may be], but in such a case shall, within seventy-two hours after such entry, make a report to the
1
[Authority], specifying the nature of the accident or apprehended accident, and of the works necessary
to be done, and the power conferred on the 1[licensee] by this sub-section 1[or a licence] shall cease
and determine if the 1[Authority], after considering the report, considers that the exercise of the power
is not necessary for the public safety.
10. Payment of compensation for damage caused by lawful exercise of powers under the
foregoing provisions of this Chapter.—(1) A 1[licensee] shall do as little damage as possible in the
exercise of the powers conferred by any of 2[the foregoing provisions of this Chapter], and
compensation shall be paid for any damage caused by the exercise thereof.
(2) A suit shall not lie to recover such compensation, but in case of dispute the amount thereof
shall, on application to the Collector, be determined and paid in accordance, so far as may be, 3[with
the provisions of sections 11 to 15, both inclusive, sections 18 to 34, both inclusive, and sections 53
and 54 of the Land Acquisition Act, 1894, (I of 1894 )and the provisions of sections 51 and 52 of that
Act shall apply to the award of compensation].
4
11. Accommodation works.—(1) A 1[licensee] shall make and maintain the following works
for the accommodation of the owners and occupiers of lands adjoining the railway, namely:—
(a) such and so many convenient crossings, bridges, arches, culverts and passages
over, under or by the sides of, or leading to or from, the railway as may, in the
opinion of the 5[Provincial Government], be necessary for the purpose of
making good any interruptions caused by the railway to the use of the lands
through which the railway is made, and
(b) all necessary arches, tunnels, culverts, drains, water courses or other passages,
over or under or by the sides of the railway, of such dimensions as will, in the
opinion of the 5[Provincial Government], be sufficient at all times to convey
water as freely from or to the lands lying near or affected by the railway as
before the making of the railway, or as nearly so as may be.
(2) Subject to the other provisions of this Act, the work specified in clauses (a) and (b) of
sub-section (1) shall be made during or immediately after the laying out or formation of the railway
over the lands traversed thereby and in such manner as to cause as little damage or inconvenience as
possible to persons interested in the lands or affected by the works.
(3) The foregoing provisions of this section are subject to the following provisos,
namely:—
1
Subs. & Ins. by Ord. 92 of 02, s.44 & Sch.II.
2
Subs. by A.O., 1937, for “the three last foregoing sections”.
3
Subs. by the Indian Railways Act (1890) Amendment Act, 1896 (9 of 1896), s. 2, for “with the provisions of sections 11 to 15, both inclusive, and
sections 18 to 42, both inclusive, of the Land Acquisition Act, 1870, and the provisions of sections 57 and 58 of that Act shall apply to the award of
compensation”.
4
Cf the Railways Clauses Act, 1845 (8 & 9 Vict., c. 20), s. 68.
5
Subs. by A. O., 1937, for “G. G. in C.”.
Page 12 of 43
(a) a 1[licensee] shall not be required to make any accommodation works in such a
manner as would prevent or obstruct the working or using of the railway, or to
make any accommodation works with respect to which the owners and occupiers
of the lands have agreed to receive and have been paid compensation in
consideration of their not requiring the works to be made;
2
(b) save as hereinafter in this Chapter provided, a 1[licensee] shall not, except on the
requisition of the 3[Provincial Government], be compelled to defray the cost of
executing any further or additional accommodation works for the use of the
owners or occupiers of the lands after the expiration of ten years from the date on
which the railway passing through the lands was first opened for public traffic;
(c) where a 1[licensee] has provided suitable accommodation for the crossing of a
road or stream, and the road or stream is afterwards diverted by the act or neglect
of the person having the control thereof, the 1[licensee] shall not be compelled to
provide other accommodation for the crossing of the road or stream.
4
(4) The 3[Provincial Government] may appoint a time for the commencement of any work to
be executed under sub-section (1), and if for fourteen days next after that time the 1[licensee] fails to
commence the work or, having commenced it, fails to proceed diligently to execute it in a sufficient
manner, the 3[Provincial Government] may execute it and recover from the 1[licensee] the cost incurred
by 5[it] in the execution thereof.
612. Power for owner-occupier or local authority to cause additional accommodation
works to be made. If an owner or occupier of any land affected by a railway considers the works made
under the last foregoing section to be insufficient for the commodious use of the land, 7[or if the Federal
Government desires to construct a national highway or a strategic road], or if the 8[Provincial
Government] or a local authority desires to construct a public road or other work across, under or over
a railway, he or it, as the case may be, may at any time require the 1[licensee] to make at his or its
expense such further accommodation works as he or it thinks necessary and are agreed to by the
1
[licensee] or as, in case of difference of opinion, may be authorized by the 9[Federal Government].
10
13. Fences, screens, gates and bars. The 1[Authority] may require that, within a time to be
specified in the requisition, or within such further time as 11[it] may appoint in this behalf, —
1
Subs. by Ord. 92 of 02, s.44 & Sch.II.
2
Cf the Railways Clauses Act, 1845 (8 & 9 Vict., c. 20), s. 78.
3
Subs. by A. O., 1937, for “G. G. in C.”.
4
Cf the Railways Clauses Act, 1845 (8 & 9 Vict., c. 20), s. 70.
5
Subs. by A. O., 1937, for “him”.
6
Cf. the Railways Clauses Act, 1845 (8 & 9 Vict., c. 20), s. 71.
7
lns. by F. A. O., 1975, Art. 2 and Sch.
8
Subs. by A. O., 1937, for “L.G.”.
9
Subs. by F.A.O, 1975, Art.2 and Sch., for “Provisional Government” which was previously subs. by A.O., 1964, Art.2 and Sch., for “Central
Government” as amended by A.O., 1937 and A.O., 1961.
10
Cf the Railway Regulation Act, 1842 (5 & 6 Vict., c. 55), s. 10.
11
Subs. by A. O., 1937, for “he”.
Page 13 of 43
(a) boundary-marks or fences be provided or renewed by a 1[licensee]for a railway
or any part thereof and for roads constructed in connection there-with;
2
(b) any works in the nature of a screen near to or adjoining the side of any public road
constructed before the making of a railway be provided or renewed by a
1
[licensee] for the purpose of preventing danger to passengers on the road by
reason of horses or other animals being frightened by the sight or noise of the
rolling-stock moving on the railway;
3
(c) suitable gates, chains, bars, stiles or hand-rails be erected or renewed by a
1
[licensee] at places where a railway crosses a public road on the level;
4
(d) persons be employed by a 1[licensee] to open and shut such gates, chains or bars.
514. Over and under bridges.—(1) Where a 1[licensee] has constructed a railway across a
public road on the level, the 6[Federal Government] may at any time, if it appears to 7[it] necessary for
the public safety, require the 1[licensee], within such time as 8[it] thinks fit, to carry the road either
under or over the railway by means of a bridge or arch, with convenient ascents and descents and other
convenient approaches, instead of crossing the road on the level, or to execute such other works as, in
the circumstances of the case, may appear to the 6[Federal Government] to be best adapted for
removing or diminishing the danger arising from the level crossing.
9
(2) The 6[Federal Government] may require as a condition of making a requisition under sub-
section (1), that the local authority, if any, which maintains the road, shall undertake to pay the whole
of the cost to the 1[licensee] of complying with the requisition or such portion of the cost as the
6
[Federal Government] thinks just.
1
[14A. The term “licensee” as used in this Chapter means the 1[licensee] or such other licensee
who is the holder of an integrated licensee the terms of which shall make it the duty of such licensee
to carry out the functions set out in this Chapter.]
10
15. Removal of trees dangerous to or obstructing the working of a railway.—(1) In either
of the following cases, namely:—
(a) where there is danger that a tree standing near a railway may fall on the railway
so as to obstruct traffic,
1
Subs. and Ins. by Ord. 92 of 02, s.44 & Sch.II.
2
Cf the Railways Clauses Act, 1845 (8 & 9 Vict., c. 20), s. 63.
3
Cf the Railway Regulation Act, 1842 (5 &. 6 Vict., c. 55), s. 9.
4
Cf the Railways Clauses Act, 1845 (8 & 9 Vict., c. 20), s. 48.
5
Cf the Railways .Clauses Act, 1863 (26 & 27 Vict., c. 92), s. 7.
6
Subs. by F.A.O, 1975, Art.2 and Sch., for “Provisional Government” which had been amended by A.O., 1937, A.O., 1949 and A.O., 1964, Art.2 and
Sch. to read as above.
7
Subs. by A. O., 1937, for “him”.
8
Subs. by A. O., 1937, for “he”.
9
Cf the Railways Clauses Act, 1845 (8 & 9 Vict., c. 20), s. 46; and the Railway and Canal Traffic Act, 1888 (51 & 52 Vict., c. 25), s. 16.
10
Cf. the Regulation of Railways Act, 1868 (31 & 32 Vict., c. 119), s. 24.
Page 14 of 43
(b) when a tree obstructs the view of any fixed signal, the 1[licensee] may, with the
permission of any Magistrate, fell the tree or deal with it in such other manner as
will in the opinion of the 1[licensee] avert the danger or remove the obstruction,
as the case may be.
(2) In case of emergency the power mentioned in sub-section (1) may be exercised by a
1
[licensee] without the permission of a Magistrate.
(3) Where a tree felled or otherwise dealt with under sub-section (1) or sub-section (2) was in
existence before the railway was constructed or the signal was fixed, any magistrate may, upon the
application of the persons interested in the tree, award to those persons such compensation as he thinks
reasonable.
(4) Such an award, subject, where made 2* * * by any Magistrate other than the District
Magistrate, to revision by 3* * * the District Magistrate, 4* * *, shall be final.
(5) A Civil Court shall not entertain a suit to recover compensation for any tree felled or
otherwise dealt with under this section.
CHAPTER IV
OPENING OF RAILWAYS
16-25. 5[Omitted]
CHAPTER V
6
[TRAFFIC FACILITIES]
7
* * *
26 to 40. [Relating to Railway Commissions.] Rep. by A.O., 1937.
841. Bar of jurisdiction of ordinary Courts in certain matters. Except as provided in this
Act, no suit shall be instituted or proceeding taken for anything done or any omission made by a
railway administration in violation or contravention of any provision of this Chapter 9* * *
10
* * *
42-44. 11[Omitted]
1
Subs. by Ord. 92 of 02, s.44 & Sch.II.
2
The words “in a presidency town by any Magistrate other than the Chief Presidency Magistrate or where made elsewhere” omitted by A.O.,
1949, Sch.
3
The words “the Chief Presidency Magistrate, or” omitted, ibid.
4
The words “as the case may be” omitted, ibid.
5
Sections 16-25 Omitted by Ord. 92 of 02, s.44 & Sch.II.
6
Subs. by the Repealing and Amending Act, 1939 (34 of 1939), s. 2 and Sch. I, for “Railway Commissions and Traffic Facilities”.
7
The sub-heading “Railway Commissions” omitted, ibid.
8
Cf the Railway and Canal Traffic Act, 1854 (17 & 18 Vict., c. 31), s. 6.
9
The words “or of any order made thereunder by the Commissioners or by a High Court” rep. by A. O., 1937.
10
The sub-heading “Traffic Facilities” omitted by Act 34 of 1939, s. 2 and Sch. I.
11
Sections 42,42A,42B, 43,and 44 omitted by Ord. 92 of 02, s.44 & Sch.II.
Page 15 of 43
45. Terminals.—A 1[licensee] may charge reasonable terminals.
46. Power of 1[Authority] to x terminals.—2[(1) The 1[Authority] shall decided any question
or dispute which may arise with respect to the terminals charged by a 1[licensee]].
1
(2) [* * * * * * *]
146A. * * * * * * *
346B.
[Saving for functions of Railway Rates Committee and Railway Tribunal.] Omitted by
A. O., 1949, Schedule.
CHAPTER VI
WORKING OF RAILWAYS
General
47-52. 4[omitted]
Carriage of Property
553. Maximum load for wagons.— (1) Every 1[licensee] shall determine the maximum load
for every wagon or truck in its possession, and shall exhibit the words or figures representing the load
so determined in a conspicuous manner on the outside of every such wagon or truck.
(2) Every person owning a wagon or truck which passes over a railway shall similarly
determine and exhibit, the maximum load for the wagon or truck.
(3) The gross weight of any such wagon or truck bearing on the axles when the wagon or truck
is loaded to such maximum load shall not exceed such limit as may be fixed by the 1[Authority] for
the class of axle under the wagon or truck.
54. Power for railway administrations to impose conditions for working traffic.— (1)
Subject to the control of the 1[Authority], a 1[licensee] may impose conditions, not inconsistent with
1
[with its powers and functions] with respect to the receiving, forwarding or delivering of any animals
or goods.
(2) The 1[licensee] shall keep at each station on its railway a copy of the conditions for the time
being in force under sub-section (1) at the station, and shall allow any person to inspect it free of charge
at all reasonable times.
(3) A 1[licensee] shall not be bound to carry any animal suffering from any infectious or
contagious disorder.
1
Subs. and omitted by Ord. 92 of 02, s.44 & Sch.II.
2
Subs. by A. O., 1937, for the original sub-section (1).
3
S. 46B was ins. by A. O., 1937.
4
Sections 47,48,49,50,51,51A and 52 omitted by Ord. 92 of 02, s.44 & Sch.II.
5
Cf, the Railway Regulation Act, 1842 (5 & 6 Vict., c. 55), s. 16.
Page 16 of 43
155. Lien for rates, terminals and other charges.—(1) If a person fails to pay on demand
made by or on behalf of a 2[licensee] any rate, terminal or other charge due from him in respect of any
animals or goods, the 2[licensee] may detain the whole or any of the animals or goods or, if they have
been removed from the railway, any other animals or goods of such person then being in or thereafter
coming into its possession.
(2) When any animals or goods have been detained under sub-section (1), the 2[licensee] may
sell by public auction, in the case of perishable goods at once, and in the case of other goods or of
animals on the expiration of at least fifteen days’ notice of the intended auction, published in one or
more of the local newspapers, or where there are no such newspapers, in such manner as the
2
[Authority] may prescribe, sufficient of such animals or goods to produce a sum equal to the charge,
and all expenses of such detention, notice and sale, including, in the case of animals, the expenses of
the feeding, watering and t ending thereof.
(3) Out of the proceeds of the sale the 2[licensee] may retain a sum equal to the charge and the
expenses aforesaid, rendering the surplus, if any, of the proceeds, and such of the animals or goods (if
any) as remain unsold, to the person entitled thereto.
(4) If a person on whom a demand for any rate, terminal or other charge due from him has been
made fails to remove from the railway within a reasonable time any animals or goods which have been
detained under sub-section (1) or any animals or goods which have remained unsold after a sale under
sub-section (2), the 2[licensee] may sell the whole of them and dispose of the proceeds of the sale as
nearly as may be under the provisions of sub -section (3).
(5) Notwithstanding anything in the foregoing sub-sections, the 2[licensee] may recover by suit
any such rate, terminal or other charge as aforesaid or balance thereof.
56. Disposal of unclaimed things on a railway.—(1) When any animals or goods have come
into the possession of a 2[licensee] for carriage or otherwise and are not claimed by the owner or other
person appearing to the 2[licensee] to be entitled thereto, the 2[licensee] shall, if such owner or person
is known, cause a notice to be served upon him, requiring him to remove the animals or goods.
(2) If such owner or person is not known, or the notice cannot be served upon him, or he does
not comply with the requisition in the notice, the 2[licensee] may within a reasonable time, subject to
the provisions of any other enactment for the time being in force, sell the animals or goods as nearly
as may be under the provisions of the last foregoing section, rendering the surplus, if any, of the
proceeds of the sale to any person entitled thereto.
57. Power for railway administrations to require indemnity on delivery of goods in certain
cases. Where any animals, goods or sale-proceeds in the possession of a 2[licensee] are claimed by two
or, more persons, or the ticket or receipt given for the animals or goods is not forthcoming, the
2
[licensee] may withholds delivery of the animals , goods or sale-proceeds until the person entitled in
its opinion to receive them has given an indemnity, to the satisfaction of the 2[licensee] against the
claims of any other person with respect to the animals, goods or sale-proceeds.
1
Cf. the Railways Clauses Act, 1845 (8 & 9 Vict., c. 20), s. 97.
2
Subs. by Ord. 92 of 02, s.44 & Sch.II.
Page 17 of 43
58. Requisitions for written accounts of description of goods.—(1) The owner or person
having charge of any goods which are brought upon a railway for the purpose of being carried thereon,
and the consignee of any goods which have been carried on a railway, shall, on the request of any
1
[railway employee] appointed in this behalf by the 1[licensee] deliver to such servant an account in
writing signed by such owner or person, or by such consignee, as the case may be, and containing such
a description of the goods as may be sufficient to determine the rate which the 1[licensee] is entitled to
charge in respect thereof.
(2) If such owner, person or consignee refuses or neglects to give such an account, and refuses
to open the parcel or package containing the goods in order that their description may be ascertained,
the 1[licensee] may,
(a) in respect of goods which have been brought for the purpose of being carried on
the railway, refuse to carry the goods unless in respect thereof a rate is paid not
exceeding; the highest rate which may be in force at the time on the railway for
any class of goods or,
(b) in respect of goods which have been carried on the railway, charge a rate not
exceeding such highest rate.
(3) If an account delivered under sub-section (1) is materially false with respect to the
description of any goods to which it purports to relate, and which have been carried on the railway, the
1
[licensee] may charge in respect of the carriage of the goods a rate not exceeding double the highest
rate which may be in force at the time on the railway for any class of goods.
2
(4) If any difference arises between a 1[railway employee] and the owner or person having
charge, or the consignee, of any goods which have been brought to be carried or have been carried on
a railway, respecting the description of goods of which an account has been delivered under this
section, the 1[railway employee] may detain and examine the goods.
(5) If it appears from the examination that the description of the goods is different from that
stated in an account delivered under sub-section (1), the person who delivered the account, or, if that
person is not the owner of the goods, then that person and the owner jointly and severally, shall be
liable to pay to the 1[licensee] the cost of the detention and examination of the goods, and the
1
[licensee] shall be exonerated from all responsibility for any loss which may have been caused by the
detention or examination thereof.
(6) If it appears that the description of the goods is not different from that stated in an account
delivered under sub-section (1), the 1[licensee] shall pay the cost of the detention and examination, and
be responsible to the owner of the goods for any such loss as aforesaid.
59. Dangerous or offensive goods.—(1) No person shall be entitled to take with him, or to
require a 1[licensee] to carry, any dangerous or offensive goods upon a railway.
(2) No person shall take any such goods with him upon a railway without giving notice of
their nature to the stationmaster or other 1[railway employee] in charge of the place where he brings
the goods upon the railway, or shall tender or deliver any such goods for carriage upon a railway
1
Subs. by Ord. 92 of 02, s.44 & Sch.II.
2
Cf., the Railways Clauses Act, 1845 (8& 9 Vict., c. 20), s. 101.
Page 18 of 43
without distinctly marking their nature on the outside of the package containing them or otherwise
giving notice in writing of their nature to the 1[railway employee] to whom he tenders or delivers them.
(3) Any 1[railway employee] may refuse to receive such goods for carriage, and, when such
goods have been so received without such notice as is mentioned in 2[sub-section (2)] having to his
knowledge been given, may refuse to carry them or may stop their transit,
(4) If any 1[railway employee] has reason to believe any such goods to be contained in a
package with respect to the contents whereof such notice as is mentioned in sub-section (2) has not to
his knowledge been given, he may cause the package to be opened for the purpose of ascertaining its
contents,
(5) Nothing in this section shall be construed to derogate from the Explosives Act, 1884, (V of
1884) or any rule under that Act, and nothing in sub-sections (1), (3) and (4) shall be construed to
apply to any goods tendered or delivered for carriage by order or on behalf of the Government or to
any goods which an officer, soldier, sailor, 3[airman] or police-officer or 4[a member of the Pakistan
National Guard,] may take with him upon a railway in the course of his employment or duty as such.
560. Exhibition to the public of authority for quoted rates. At every station at which a
1
[licensee] quotes a rate to any other station for the carriage of traffic other than passengers and their
luggage, the 1[railway employee] a appointed by the 1[licensee] to quote the rate shall, at the request
of any person, show to him at all reasonable times, and without payment of any fee, the rate books or
other documents in which the rate is authorised by the 1[licensee] or administrations concerned.
6
61. Requisitions on railway administrations for details of gross charges.— (1) Where any
charge is made by and paid to a 1[licensee] in respect of the carriage of goods over its railway, the
1
[licensee] shall, on the application of the person by whom or on whose behalf the charge has been
paid, render to the applicant an account showing how much of the charge comes under each of the
following heads, namely:—
(a) the carriage of the goods on the railway:
(b) terminals;
(c) demurrage; and
7
(d) collection, delivery and other expenses;
but without particularizing the several items of which the charge under each head consists.
(2) The application under sub-section (1) must be in writing and be made to the 1[licensee]
within one month after the date of the payment of the charge by or on behalf of the applicant, and the
account must be rendered by the 1[licensee] within two months after the receipt of the application.
1
Subs. by Ord. 92 of 02, s.44 & Sch.II.
2
Subs. by the Indian Railways Act, (1890) Amendment Act, 1896 (9 of 1896), s. 3, for “sub-section (1)”.
3
Ins. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch. I.
4
The original words and figures “a person enrolled as a volunteer under the Indian Volunteers Act, 1869,” were first subs. by the Repealing and
Amending Act, 1923 (11 of 1923). s.2 and Sch. I and then amended by A. O., 1949, Sch., to read as above.
5
Cf the Regulation of Railways Act, 1873 (36 & 37 Viet., c, 48), s. 14. and the Railway and Canal Traffic Act, 1888 (51 & 52 Viet., c. 25), s. 33.
6
Cf the Regulation of Railways Act, 1868 (31 & 32 Vict., c.119), s.17.
7
Cf the Regulation of Railways Act, 1873 (36 & 37 Vict., c. 48), s. 14.
Page 19 of 43
Carriage of Passengers
162. Communication between passengers and 2[railway employees] in charge of trains.
The [Authority] may require any 2[licensee] to provide and maintain in proper order, in any train
2
worked by it which carries passengers, such efficient means of communication between the passengers
and the 2[railway employees] in charge of th e train as the 2[Authority] has approved.
63. Maximum number of passengers for each compartment. Every 2[licensee] shall fix,
subject to the approval of the 2[Authority], the maximum number of passengers which may be carried
in each compartment of every description of carriage, and shall exhibit the number so fixed in a
conspicuous manner inside or outside each compartment, in English or in one or more of the vernacular
languages in common use in the territory traversed by the railway, or both in English and in one or
more of such vernacular languages as the 2[Authority], after consultation with the 2[licensee], may
determine.
64. Reservation compartments for females.—(1) On and after the first day of January, 1891,
2
every [licensee] shall, in every train carrying passengers, reserve for the exclusive use of females one
compartment at least of the lowest class of carriage forming part of the train.
3
[(2) * * * * * * *]
65. Exhibition of time-tables and tables fares at stations. Every 2[licensee] shall cause to be
posted in a conspicuous and accessible place at every station on its railway, in English and in a
vernacular language in common use in the territory where the station is situate, a copy of the time
tables for the time being in force on the railway, and lists of the fares chargeable for traveling from the
station where the lists are posted to every place for which card-tickets are ordinarily issued to
passengers at that station.
66. Supply of tickets on payment of fares.— (1) Every person desirous of traveling on a
railway shall, upon payment of his fare, be supplied, 4[by a 2[railway employee] or an agent authorized
by the 2[licensee] in this behalf] with a ticket, specifying the class of carriage for which, and the place
from and the place to which, the fare has been paid, and the amount of the fare.
(2) The matters required by sub-section (1) to be specified on a ticket shall be set forth __
(a) if the class of carriage to be specified thereon is the lowest class, then in a
vernacular language in common use in the territory traversed by the railway, and
(b) if the class of carriage to be so specified is any other than the lowest class, then in
English.
67. Provision for case in which tickets have been issued for trains not having room
available for additional passengers.— (1) Fares shall be deemed to be accepted, and tickets to be
issued, subject to the condition of there being room available in the train for which the tickets are
issued.
1
Cf the Regulation of Railways Act, 1868 (31 & 32 Viet., c. 119), s.22.
2
Subs. by Ord. 92 of 02, s.44 & Sch.II.
3
Omitted by Act No.IV of 1995, s.7.
4
Ins. by the Railway (Amdt.) Act, 1976 (25 of 1976), s. 2.
Page 20 of 43
(2) A person to whom a ticket has been issued and for whom there is not room available in the
train for which the ticket was issued shall on returning the ticket within three hours after the departure
of the train be entitled to have his fare at once refunded.
(3) A person for whom there is not room available in the class of carriage for which he has
purchased a ticket and who is obliged to travel in a carriage of a lower class shall be entitled on
delivering up his ticket to a refund of the difference between the fare paid by him and the fare payable
for the class of carriage in which he travelled.
1[68. (1)] Prohibition against traveling without pass or ticket.__ No person shall, without
the permission of a 2[railway employee], enter 3[or remain in] any carriage on a railway for the purpose
of traveling therein as a passenger unless he has with him a proper pass or ticket.
4
(2) A 2[railway employee] when granting the permission referred to in sub-section (1) shall
ordinarily, if empowered in this behalf by the 2[licensee], grant to the passenger a certificate that the
passenger has been permitted to travel in such carriage upon condition that he subsequently pays the
fare payable for the distance to be travelled.]
69. Exhibition and surrender of passes and tickets. Every passenger by railway shall, on the
requisition of any railway employee appointed by the 2[licensee] in this behalf, present his pass or
ticket to the 2[railway employee] for examination, and at or near the end of the journey for which the
pass or ticket was issued, or, in the case of a season pass or ticket, at the expiration of the period for
which it is current, deliver up the pass or ticket to the 2[railway employee].
5[70. Prohibition against transfer of certain tickets. A ticket against which reservation of a
seat or berth has been made, or a return ticket or season ticket, shall not be transferable and may be
used only by the person for whose journey to and from the places specified thereon it was issued:
Provided that nothing herein shall prevent mutual transfer of seats or berths reserved against a
proper ticket by passengers traveling by the same train.]
71. Power to refuse to carry persons suffering from infectious or contagious disorder. (1)
A 2[licensee] may refuse to carry, except in accordance with the conditions prescribed 2[by rules] a
person suffering from any infectious or contagious disorder.
(2) A person suffering from such a disorder shall not enter or travel upon a railway without the
special permission of the station-master or other 2[railway employee] in charge of the place where he
enters upon the railway.
(3) A 2[railway employee] giving such permission as is mentioned in sub-section (2) must
arrange for the separation of the person suffering from the disorder from other persons being or
traveling upon the railway.
1
S. 68 re-numbered as 68 (1) by the Indian Railways (Amdt.) Act, 1941 (6 of 1941), s. 2.
2
Subs. by Ord. 92 of 02, s.44 & Sch.II.
3
Ins. by the Indian Railways (Amdt.) Act, 1941 (6 of 1941), s. 2.
4
Sub-section (2) added, by the Indian Railways (Amdt.) Act, 1941 (6 of 1941), s, 2.
5
Subs. by the Railways (Amdt.) Act, 1976 (25 of 1976), s. 3, for the existing section.
Page 21 of 43
1
[CHAPTER VI-A
LIMITATION OF EMPLOYEMENT OF RAILWAY SERVANT]
2
71A -71H. [Omitted]
CHAPTER VII
3
[RESPONSIBILITY OF LICENSEES AS CARRIERS]
72. Measure of the general responsibility of a 3[licensee] as a carrier of animals and goods.—
(1) The responsibility of a 3[licensee] for the loss, destruction or deterioration of animals or goods delivered
to the 3[licensee] to be carried by railway shall, subject to the other provisions of this Act 3[and the
ordinance], be that of a bailee under sections 151,152 and 161 of the Contract Act, 1872 (IX of 1872).
(2) An agreement purporting to limit that responsibility shall, in so far as it purports to effect such
limitation, be void, unless it—
(a) is in writing signed by or on behalf of the persons sending or delivering to the
3
[licensee] the animals or goods, and
(b) is otherwise in a 4form approved by the 3[Aurhority].
(3) Nothing 5* * * in the Carriers Act, 1865 regarding the responsibility of common carriers with
respect to the carriage of animals or goods, shall affect the responsibility as in this section defined of a
railway administration.
6
73. Further provision with respect to the liability of a 3[licensee] as a carrier of animals.—
7
[(1) The responsibility of a 3[licensee] under the last foregoing section for the loss, destruction or
deterioration of animals delivered to the 3[licensee] to be carried on a railway shall not, in any case,
exceed—
(a) in the case of elephants 8[fifty thousand] rupees per head,
(b) in the case of horses 8[ten thousand] rupees per head,
(c) in the case of mules, camels or horned cattle, 8[fifteen thousand] rupees per head, and
per head,
1
Chapter VI-A was ins. By the Indian Railways (Amdt.) Act, 1930 (XIV of 1930) for statement of objects and reasons of which see, Gazette of India
1929, pt. v,p.147; and for report of the select committee see. ibid., 1930, pt., p.56.
This chapter to be deemed to have been inserted with effect on and from the twenty-sixth day of March, 1930, see the Railways (Amdt.) Act,
1950 (41 of 1950),s.2.
This Chapter has been extended to__
(1) the Baluchistan States Union by G.G.O. 4 of 1953, as amended and
(2) the States of Bahawalpur and Khairpur by G.G.O. 11 of 1953 and G.G.O.5 of 1953, respectively.
2
Sections 71A-71H omitted by Ord. 92 of 02, s.44 & Sch.II.
3
Subs. by Ord. 92 of 02, s.44 & Sch.II.
4
For risk-note forms prescribed under this clause, see Gen. R. & O.
5
Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch.
6
Cf the Railway and Canal Traffic Act, 1854 (17 and 18 Viet., C. 31), section 7.
7
Subs. by Railway (Amdt.) Act,1957 (26 of 1957),s.3. for the original sub-section (1), as amended by the Indian Railways Act, (1890) Amendment Act,
1896 (9 of 1896),s.4.
8
Subs. by Act IV of 1995, s.9.
Page 22 of 43
(d) in the case of donkeys, sheep, goats, dogs or other animals 1[one thousand]
rupees per head,
unless the person sending or delivering them to the 2[licensee]caused them to
be declared or declared them, at the time of their delivery for carriage by
railway, to be respectively of higher value than one thousand five hundred,
seven hundred and fifty, two hundred or thirty rupees per head, as the case may
be].
(2) Where such higher value has been declared, the 2[licensee] may charge, in respect of the
increased risk, a percentage upon the excess of the value so declared over the respective sums
aforesaid.
(3) In every proceeding against a 2[licensee] for the recovery of compensation for the loss,
destruction or deterioration of any animal, the burden of proving the value of the animal, and, where
the animal has been injured, the extent of the injury, shall lie upon the person claiming the
compensation.
74. Further provision with respect to the liability of a 2[licensee] as a carrier of luggage.
2
A [licensee] shall not be responsible for the loss, destruction or deterioration of any luggage belonging
to or in charge of a passenger unless a 2[railway employee] has booked and given a receipt therefor.
375.Further provision with respect to the liability of a 2[licensee] as a carrier of articles of
special value.—(1) When any articles mentioned in the second schedule are contained in any parcel
or package delivered to a 2[licensee] for carriage by railway, and the value of such articles in the parcel
or package exceeds 1[ten thousand rupees], the 2[licensee] shall not be responsible for the loss,
destruction or deterioration of the parcel or package unless the persons sending or delivering the parcel
or package to the 2[licensee] caused its value and contents to be declared or declared them at the time
of the delivery of the parcel or package for carriage by railway, and, if so required by the 2[licensee],
paid or engaged to pay a percentage on the value so declared by way of compensation for increased
risk.
(2) When any parcel or package of which the value has been declared under sub-section (1) has
been lost or destroyed or has deteriorated, the compensation recoverable in respect of such loss,
destruction or deterioration shall not exceed the value so declared, and the burden of proving the value
so declared to have been the true value shall, notwithstanding anything in the declaration, lie on the
person claiming the compensation.
(3) A 2[licensee] may make it a condition of carrying a parcel declared to contain any article
mentioned in the second schedule that a 2[railway employee] authorised in this behalf has been satisfied
by examination or otherwise that the parcel actually contains the article declared to be therein.
76. Burden of proof in suits in respect of loss of animals or goods. In any suit against a
2
[licensee] for compensation for loss, destruction or deterioration of animals or goods delivered to a
2
[licensee] for carriage by railway, it shall not be necessary for the plaintiff to prove how the loss,
destruction or deterioration was caused.
1
Subs. by Act IV of 1995, ss.9-10.
2
Subs. by Ord. 92 of 02, s.44 & Sch.II.
3
Cf the Carriers Act, 1830 (11 Geo. 4 & 1 Will, 4,c. 69),s.1.
Page 23 of 43
77. Notification of claims of refunds of overcharges and to compensation for losses. A
person shall not be entitled to a refund of an over charge in respect of animals or goods carried by
railway or to compensation for the loss, destruction or deterioration of animals or goods delivered to
be so carried, unless his claim to the refund or compensation has been preferred in writing by him or
on his behalf to the 1[licensee] within six months from the date of the delivery of the animals or goods
for carriage by railway.
78. Exoneration from responsibility in case of goods falsely described. Notwithstanding
anything in the foregoing provisions of this Chapter, a 1[licensee] shall not be responsible for the loss,
destruction or deterioration of any goods with respect to the description of which an account materially
false has been delivered under sub-section (1) of section 58 if the loss, destruction or deterioration is
in any way brought about by the false account, nor in any case for an amount exceeding the value of
the goods if such value were calculated in accordance with the description contained in the false
account.
79. Settlement of compensation for injuries to officers, soldiers, airmen and followers on
duty. Where an officer, soldier, 2[sailor], 3[airman] or follower, while being or traveling as such on
duty upon a railway belonging to, and worked by, the Government 4* * *, loses his life or receives any
personal injury in such circumstances that, if he were not an officer, soldier, 2[sailor], 3[airman] or
follower being or traveling as such on duty upon the railway, compensation would be payable under
Act5 No. XIII of 1855 or to him, as the case may be, the form and amount of the compensation to be
made in respect of the loss of his life or his injury shall, where there is any provision in this behalf in
the military, 2[naval] 3[or air-force] 6[law] to which he was immediately before his death, or is, subject,
be determined in accordance with 7[that] 6[law], and not otherwise.
80. Suits for compensation for injury to through booked traffic. Notwithstanding anything
in any agreement purporting to limit the liability of a 1[licensee] with respect to traffic while on the
railway of another 1[licensee], a suit for compensation for loss of the life of, or personal injury to, a
passenger, or for loss, destruction or deterioration of animals or goods where the passenger was or the
animals or goods were booked through over the railways of two or more railway administrations, may
be brought either against the 1[licensee] from which the passenger obtained his pass or purchased his
ticket, or to which the animals or goods were delivered by the consignor thereof, as the case may be,
or against the 1[licensee] on whose railway the loss, injury, destruction or deterioration occurred.
81. [Limitation of liability of railway administration in respect of traffic on inland waters by
vessel not being part of railway.] Rep. by the Indian Railways Act (1890) Amendment Act, 1896 (IX of
1896), s. 5.
882. [Limitation of liability of railway administration in respect of accidents at sea.] Omitted
by the Federal Laws (Revision and Declaration) Ordinance. 1981 (27 of 1981), s. 3 and Sch. II.
1
Subs. by Ord. 92 of 02, s.44 & Sch.II.
2
Ins. by the Amending Act, 1934 (35 of 1934), s. 2 and Sch.
3
Ins. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch. I.
4
The words “or an Acceding State” which was ins. by A. O., 1949, have been omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981
(27 of 1981), s. 3 and Sch. II.
5
The- Fatal Accidents Act, 1855.
6
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s.3 and 2nd Sch., for “regulations”.
7
Subs. by Act IV of 1995, s. 11.
8
Cf. the Regulation of Railways Act, 1868 (31 & 32 Vict., c. 119) ,s. 14. and the Regulation of Railways Act, 1871 (34 & 35 Vict, c. 78), s. 12.
Page 24 of 43
1[82A. Liability of 2[licensee] in respect of accidents to trains carrying passengers.— (1)
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 a 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 2[licensee] such as would entitle a person who has been injured or has suffered loss to
maintain an action and recover damages in respect thereof, the 2[licensee] shall, notwithstanding any
other provision of law to the contrary, be liable to pay compensation 3[as provided in sub-section (2)]
for loss occasioned by the death of a passenger dying as a result of such accident, and for personal
injury and loss, destruction or deterioration of animals or goods owned by the passenger and
accompanying the passenger in his compartment or on the train, sustained as a result of such
accident[:]3—
3
[Provided that where in such accident a person other than a passengers dies or is injured, the
2
[licensee] shall, after such inquiry as to the wrongful act, neglect or default of 2[licensee], pay
compensation to the heirs of deceased or, as the case may be to the injured to theextent as provided in
sub-section (2)].
3
[(2) The liability of 2[licensee] under this section shall be one hundred thousand rupees for a
passenger dying as a result of railway accident referred to in sub-section (1) and ten thousand rupees
for an injured passenger.]
CHAPTER VIII
ACCIDENTS
2[83. Report of the railway accidents. When any of the following accidents occur in the
course of working a railway, namely:—
(a) any accident attended with loss of human life, or with grievous hurt as defined
in the Pakistan Penal Code (Act XLV of 1860), or with serious injury to
property,
(b) any collision between trains of which one is a passenger train;
(c) the derailment of any train carrying passengers or of any part of such train;
(d) any accident of a description usually attended with loss of human life or with
such grievous hurt as aforesaid or with serious injury to property; and
(e) any other accident which the Federal Government on advice of the Authority
may notify in this behalf in the official Gazette;
the nearest Judicial Magistrate, in which the accident occurred; and the officer incharge of the police
station within the local the licensee working in the railway and, if such accident happens to a train
1
S.82A. ins. by the Indian Railways (Amdt.) Act, 1943 (3 of 1943), s.2.
2
Subs. by ord. 92 of 02, s. 44 & Sch. II.
3
Subs. added by Act IV of 1995, s. 12.
Page 25 of 43
belonging to any other licensee, the other license also shall, without unnecessary delay, send notice of
the accident to the Federal Government and the Authority and the station-master nearest to the place
at which the accident occurred or, where there is no station-master, the railway employee incharge of
that section of the railway on which the accident occurred shall, without unnecessary delay give notice
of the accident to limits of which it occurred, or to such other Magistrate and police officer the Federal
Government appoints in this behalf.]
84. Power to make rules regarding notices of and inquiries into accidents. The 1[Authority]
may make rules 2consistent with this Act 1[the ordinance] and any other enactment for the time being
in force for all or any of the following purposes, namely: —
(a) for prescribing the forms of the notices mentioned in the last foregoing section,
and the particulars of the accident which those notices are to contain;
(b) for prescribing the class of accidents of which notice is to be sent by telegraph
immediately after the accident has occurred ;
(c) for prescribing the duties of railway servants, police officers, 1[the Authority]
and Magistrates on the occurrence of an accident.
85. Submission of return of accidents. Every 1[licensee] shall send to the 1[Authority] a return
of accidents occurring upon its railway, whether attended with personal injury or not, in such form and
manner and at such intervals of time as the 1[Authority] directs2.
386. Provision for compulsory medical examination of person injured in railway accident.
Whenever any person injured by an accident on a railway claims compensation on account of the
injury, any Court or person having by law or consent of parties authority to determine the claim may
order that the person injured be examined by some duly qualified medical practitioner named in the
order and not being a witness on either side, a nd may make such order with respect to the cost of the
examination as it or he thinks fit.
CHAPTER IX
PENALTIES AND OFFENECS
Forfeitures by Railway Companies
87. Penalty for default in compliance with requisition under section 13. If 1[the railway
administration and a licensee who is the holder of an integrated license] fails to comply with any
requisition made under section 13, it shall forfeit to the 1[Authority] the sum of two hundred rupees
for the default and a further sum of fifty rupees for every day after the first during which the default
continues.
488. * * * * * * *
1
Subs. and Ins. by ord. 92 of 02, s. 44 & Sch. II.
2
For rules under ss.84 and 85 as to notices of accidents occuring in the course for working a railway, see Gen R. & O.
3
Cf the Regulation of Railways Act, 1868(31& 32 Vict., c. 119), s.26.
4
Section 88 omitted by ord. 92 of 02, s. 44 & Sch. II.
Page 26 of 43
89. Penalty for not having certain documents kept or exhibited at stations under section
54 or 65. If a 1[licensee] fails to comply with the provisions of 2* * *section 54, sub-section (2), or
section 65, with respect to the books or other documents to be kept open to inspection or conspicuously
posted at stations on its railway, it shall forfeit to the 1[Authority] the sum of fifty rupees for every day
during which the default continues.
1
90 & 91. [Omitted]
92. Penalty for delay in submitting returns under 1* * * 85. If a 1[licensee] fails to comply
with the provisions of 1* * * section 85 with respect to the submission of any return, it shall forfeit to
the 1[Authority] the sum of fifty rupees for every day during which the default continues after the
fourteenth day from the date prescribed for the submission of the return.
93. Penalty for neglect of provisions of section 53 or 63 with respect to carrying capacity
of rolling-stock. If a 1[licensee] contravenes the provisions of section 53 or section 63, with respect to
the maximum load to be carried in any 1[rolling stock] or the maximum number of passengers to be
carried in any compartment, or the exhibition of such load on the 1[rolling stock] or of such number in
or on the compartment, or knowingly suffers any person owning a 1[rolling stock] passing over its
railway to contravene the provisions of the former of those sections, it shall forfeit to the 1[Authority]
the sum of twenty rupees for every day during which either section is contravened.
4
* * * * * * *
594. Penalty for failure to comply with requisition under section 62 for maintenance of
means of communication between passengers and 1[railway employees]. If a 1[licensee] fails to
comply with any requisition of the 1[Authority] under section 62, for the provision and maintenance
in proper order, in any train worked by it, which carries passengers, of such efficient means of
communication as the 1[Authority] has approved, it shall forfeit to the 1[Authority] the sum of twenty
rupees for each train run in disregard of the requisition.
95. Penalty for failure to reserve compartments for females under section 64. If a
1
[licensee] fails to comply with the requirements of section 64 with respect to the reservation of
compartments for females 3[* * *], it shall forefeit to the 1[Authority] the sum of twenty rupees for
every train in respect of which the default occurs.
96. Penalty for omitting to give the notices of accidents required by section 83 and under
section 84. If a 1[licensee] omits to give such notice of an accident as is required by section 83 and the
rules for the time being in force under section 84, it shall forfeit to the 1[Authority] the sum of one
hundred rupees for every day during which the omission continues.
97. Recovery of penalties.— (1) When a 1[licensee] has through any act or omission forfeited
any sum 6* * * under the foregoing provisions of this Chapter, the sum shall be recoverable by suit in
the District Court having jurisdiction in the place where the act or omission or any part thereof
occurred.
1
Subs. and Omitted by ord. 92 of 02, s. 44 & Sch. II.
2
The words and figures “section 47, sub-section (6)” rep. by A. O. 1937.
3
Omitted by Act IV of 1995, s.14.
4
Second paragraph which was first ins. by A. O., 1937, and then amended by A. O., 1949, has been omitted by A. O., 1961, Art. 2 and Sch. (with effect
from the 23rd March, 1956).
5
Cf. the Regulation of Railways Act, 1868 (31 & 32 Vict., c. 119), s. 22.
6
The words “to the Govt.” rep. by A. O., 1937.
Page 27 of 43
1
[(2) Nothing in this Chapter shall be construed as requiring any authority to recover any
penalty in any case in which it thinks it proper to refrain from so doing.]
98. Alternative or supplementary character of remedies afforded by the foregoing
provisions of this Chapter. Nothing 2[in the foregoing provisions of this Chapter] shall be construed
to preclude the 3[Authority] from resorting to any other mode of proceeding instead of, or in addition
to, such a suit as is mentioned in the last foregoing section, for the purpose of compelling a 3[licensee]
to discharge any obligation imposed upon it by this Act.
Offences by Railway Servants
499. Breach of duty imposed by section 60. If a 3[railway employee] whose duty it is to
comply with the provisions of section 60 negligently or willfully omits to comply therewith, he shall
be punished with fine which may extend to twenty rupees.
5[100. Drunkenness. If a 3[railway employee] is in a state of intoxication while on duty he
shall, without prejudice to any penalty to which he may be liable under any other law for the time
being in force, be punished with fine which may extend to fifty rupees, or, where the improper
performance of the duty is likely to endanger the safety of any person traveling or being upon a railway,
with imprisonment for a term which may extend to one year, or with fine, or with both.]
6101. Endangering the safety of persons. If a 3[railway employee], when on duty, endangers
the safety of any person—
(a) by disobeying any general rule made, sanctioned, published and notified under
this Act, 3[or ordinance], or
(b) by disobeying any rule or order which is not inconsistent with any such general
rule, and which such servant was bound by the terms of his employment to obey,
and of which he had notice, or
(c) by any rash or negligent act or omission, 7[or]
7
[(d) by tampering with railway’s equipment, machinery or installation or misuse or
non-use thereof,]
3
[(e) by disobeying any provision of this Act or the Ordinance.]
he shall be punished with imprisonment for a term which may 7[five years imprisonment of
either description] extend to or with fine which may extend to 7[ten thousand] rupees, or with
both.
1
Subs. by A. O., 1937, for the original sub-sections (2) and (3).
2
Subs. by the Repealing and Amending Act, 1939 (34 of 1939), s. 2 and Sch. I, for “in those provisions”.
3
Subs. Ins. and added by ord. 92 of 02, s. 44 & sch. II.
4
Cf. the Railway Regulation Act, 1842 (5 & 6 Vict., c. 55), s. 17.
5
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., for the existing section.
6
Cf. the Railway Regulation Act, 1840 (3 & 4 Vict., e. 97) ss. 13 and 14, and the Railway Regulation Act, 1842 (5 & 6 Vict., c. 55) s. 17.
7
Added and subs. by Act IV of 1995, s.15.
Page 28 of 43
102. Compelling passengers to enter carriages already full. If a 1[railway employee]
compels or attempts to compel, or causes, any passenger to enter a compartment which already
contains the maximum number of passengers exhibited therein or thereon under section 63, he shall
be punished with fine which may extend to twenty rupees.
103. Omission to give notice of accident. If a station-master or a 1[railway employee] in
charge of a section of a railway omits to give such notice of an accident as is required by section 83
and the rules for the time being in force under section 84 1[or the ordinance] he shall be punished with
fine which may extend to 2[five thousand rupees].
3104. Obstructing level-crossings. If a 1[railway employee] unnecessarily—
(a) allows any rolling-stock to stand across a place where the railway crosses a
public road on the level, or
(b) keeps a level-crossing closed against the public,
he shall be punished with 2[imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both].
4
105. False returns. If any return which is required by this Act 1[or the ordinance] is false in
any particular to the knowledge of any person who signs it, that person shall be punished with fine
which may extend to 2[two thousand rupees], or with imprisonment which may extend to one year, or
with both.
Other Offences
5
106. Giving false account of goods. If a person requested under section 58 to give an account
with respect to any goods gives an account which is materially false, he and, if he is not the owner of
the goods, the owner also shall be punished with 2[or with fine which may extend to five thousand
rupees] and the fine shall be in addition to any rate or other charge to which the goods may be liable.
5
107. Unlawfully bringing dangerous or offensive goods upon a railway. If in contravention
of section 59 a person takes with him any dangerous or offensive goods upon a railway, or tenders or
delivers any such goods for carriage upon a railway, he shall be punished with 2[imprisonment for a
term which may extend to two years, or with fine which may extend to five thousand rupees, or with
both] and shall also be responsible for any loss, injury or damage which may be caused by reason of
such goods having been so brought upon the railway.
6
108. Needlessly interfering with means of communication in a train. If a passenger,
without reasonable and sufficient cause, makes use of or interferes with any means provided by a
1
[licensee] for communication between passengers and the [railway servants in charge of a train, he
shall be punished with fine which may extend to 2[two thousand rupees].
1
Subs. and Ins. by ord. 92 of 02, s. 44 & sch. II.
2
Subs. by Act IV of 1995, ss. 16-21.
3
Cf. the Railway Clauses Act, 1863 (26 & 27 Vict., c. 92), s. 5.
4
Cf. the Regulation of Railways Act, 1871 (34 & 35 Vict., c. 7 8), s. 10.
5
Cf. the Railway Clauses Act, 1845 (2 & 9 Vict., c. 20), ss., 99 and 152, respectively.
6
Cf the Regulation of Railways Act, 1868 (31 & 32 Vict., c. 119), s. 22.
Page 29 of 43
109. Entering compartment reserved or already full or resisting entry into a compartment
not full.—(1) If a passenger, having entered a compartment which is reserved by a 1[licensee] for the
use of another passenger, or which already contains the maximum number of passengers exhibited
therein or thereon under section 63, refuses to leave it when required to do so by any railway employee,
he shall be punished with fine which may extend to 2[one thousand rupees].
(2) If a passenger resists the lawful entry of another passenger into a compartment not reserved
by the 1[licensee] for the use of the passenger resisting or not already containing the maximum number
of passengers exhibited therein or thereon under section 63, he shall be punished with fine which may
extend to 2[one thousand rupees].
2
[(3) In addition to the fine imposed on the passenger referred to in sub-sections (1) and (2), he
shall be removed from the compartment.]
110. Smoking.— (1) If a person, without the consent of his fellow passengers, if any, in the
same compartment, smokes in any compartment except a compartment specially provided for the
purpose, he shall be punished with fine which may extend to twenty rupees.
(2) If any person persists in so smoking after being warned by any 1[railway employee] to
desist, he may, in addition to incurring the liability mentioned in sub-section (1), be removed by any
1
[railway employee] from the carriage in which he is traveling.
3
111. Defacing public notices. If a person, without authority in this behalf, pulls down or
willfully injures any board or document set up or posted by order of a 1[licensee] on a railway or any
rolling-stock, or obliterates or alters any of the letters or figures upon any such board or document, he
shall be punished with fine which may extend to 2[one thousand] rupees.
4[112.—(1)] Fraudulently traveling or attempting to travel without proper pass or ticket.
If a person, with intent to defraud a 1[licensee],—
(a) enters 5[or remains in any carriage on a railway in contravention of section 68],
or
(b) uses or attempts to use a single pass or 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 punished 6[with imprisonment for a term which may extend to 2[six months] or]
with fine which may extend to 2[two thousand rupees] in addition to the amount of the single
fare for any distance which he may have traveled. 7[The burden of proof that there was no
intention to defraud shall lie on the accused.]
6
[(2) Notwithstanding anything contained in section 65 of the Pakistan Penal Code (XLV of
1860), the Court convicting an offender under this section may direct that the offender in default of
1
Subs. by ord. 92 of 02, s. 44 & sch. II.
2
Subs. and added by Act IV of 1995, ss. 22-24.
3
Cf the Companies Clauses Act, 1845 (8 & 9 Vict., c. 16), s. 146.
4
S. 112 re-numbered as 112 (1) by the Indian Railways (Amdt.) Act, 1941 (6 of 1941), s.3.
5
Subs. ibid., for “in contravention of section 68 any carriage on a railway”.
6
Ins. by the Indian Railways (Amdt.) Act, 1941 (6 of 1941), s. 3.
7
Added by the Indian Railways Act (Amdt.) Ordinance, 1948 (2 of 1941), s.2.
Page 30 of 43
payment of any fine inflicted by the Court, shall suffer imprisonment for a term which may extend
to three months.]
1
113.Travelling without pass or ticket or with insufficient pass or ticket or beyond authorized
distance.—(1) If a passenger travels in a train without having a proper pass or a proper ticket with him, or,
being in or having alighted from a train, fails or refuses to present for examination or to deliver up pass or
ticket immediately on requisition being made therefor under section 69, he shall be liable to pay, on the
demand of any 2[railway employee] appointed by the 2[licensee] in this behalf, the excess charge hereinafter
in this section mentioned, in addition to the ordinary single fare 3[from the station from which the train
originally started 4* * * 12[.] 5* * *.
(2) If a passenger 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 ticket, or 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 2[railway employee]
appointed by the 2[licensee] in this behalf, the excess charge hereinafter in this section mentioned, in
addition to any difference between any fare paid by him and the fare payable in respect of such journey as
he has made.
6
[(3) The excess charge referred to in sub-section (1) and sub-section (2) shall be a sum equivalent
to the amount otherwise payable under those sub-sections. 4* * *
Provided that where the passenger has immediately after incurring the charge and before being
detected by a 2[railway employee] notified to the 2[railway employee] on duty with the train the fact of the
charge having been incurred, the excess charge shall be one-sixth of the excess charge otherwise payable
calculated to the nearest 4[rupee].
Provided further that if the passenger has with him a certificate granted under sub- section (2) of
section 68, no excess charge shall be payable.]
(4) If a passenger liable to pay the excess charge and 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 therefor under one or other of those sub-sections, as the case may be, 7[any 2[railway
employee] appointed by the 2[licensee] in this behalf may apply to 8[any 9* * 10[or] Magistrate of the first
or second class] 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 term which may extend to one
month. Any sum recovered under this sub-section shall, as it is recovered, be paid to the 2[licensee]].
11
[113A. Power to remove persons from railway carriage. Any person who, without having
obtained the permission of a 2[railway employee], travels or attempts to travel in a carriage without
1
Cf. the French and German Railway Law.
2
Subs. by ord. 92 of 02, s. 44 & sch. II.
3
Subs. by the Railways (Amdt.) Act, 1957 (26 of 1957), s. 4, for certain words.
4
Omitted and Subs. by Act. IV of 1995, s.25.
5
Certain words omitted, by Ord. 2 of 1948,s.2.
6
Subs. by Act 6 of 1941, s. 4, for the original sub-section (3).
7
Subs. by the Indian Railways (Amdt.) Act, 1941 (6 of 1941), s. 4, for “the sum payable by him shall, on application made to any Magistrate by any
railway employee appointed by the railway administration in this behalf, be recovered by the Magistrate from the passenger as if it were a fine imposed
on the passenger by the Magistrate and shall, as it is recovered, be paid to the railway administration”.
8
Subs. by the Repealing and Amending Act, 1945 (6 of 1945), for “any Magistrate of the first or second class”.
9
The words “Presidency Magistrate” omitted by the Repealing and Amending Ordinance, 1961 (1 of 1961), s. 3 and 2nd Sch.
10
Seems to be redundant.
11
S.113A added by Act, 6 of 1941, s. 5.
12
Subs. by Ord. 2 of 1948,s.2,for Comma.
Page 31 of 43
having a proper pass or ticket with him, or in a carriage of a higher class than that for which he has
obtained a pass or purchased a ticket, or in a carriage beyond the place authorised by his pass or ticket,
or who being in a carriage fails or refuses to present for examination or to deliver up his pass or ticket
immediately on requisition being made therefor under section 69, may be removed from the carriage
by any 1[railway employee] authorised by the 1[licensee] in this behalf or by any other person whom
such 1[railway employee] may call to his aid, unless he then and there pays the fare and the excess
charge which he is liable to pay under section 113 :
Provided that nothing in this section shall be deemed to pre clude 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 ticket:
Provided further that women and children, if unaccompanied by male passengers, shall not be
so removed except either at the station at which they first enter the train or at a junction or terminal
station or station at the headquarters of a civil district and o nly between the hours of 6 a.m. and 6 p.m.]
2[114. Penalty for transfer of tickets. If a person, not being a 1[railway employee] or an a gent
authorised by the 1[licensee] 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 season ticket,
in order to enable any other person to travel therewith, he shall be punished with
imprisonment for a term which may extend to 3[one year, or with fine which may extend
to ten thousand rupees, or with both]].
115. Disposal of fines under the two last foregoing sections. That portion of any fine imposed
under section 112 or the last foregoing section which represents the single fare therein mentioned shall
as the fine is recovered, be paid to the 1[licensee] before any portion of the fine is credited to the
Government.
116. Altering or defacing pass or ticket. If a passenger willfully alters or defaces his pass or
ticket so as to render the date, number or material portion thereof illegible, he shall be punished with
3
[imprisonment for a term which may extend to six months, or with fine which may extend to two
thousand rupees, or with both].
117. Being or suffering person to travel on railway with infectious or contagious
disorder.— (1) If a person suffering from an infectious or contagious disorder enters or travels upon
a railway in contravention of section 71, sub-section (2), he, and any person having charge of him upon
the railway when he so entered or traveled thereon, shall be punished with fine which may extend to
3
[five hundred rupees], in addition to the forfeiture of any fare which either of them may have paid,
and of any pass or ticket which either of them may have obtained or purchased, and may be removed
from the railway by any 1[railway employee].
1
Subs. by ord. 92 of 02, s. 44 & sch. II.
2
Subs. by the Railways (Amdt.) Act, 1976 (25 or 1976). s. 4, for the existing section.
3
Subs. by Act IV of 1995, ss. 26-28.
Page 32 of 43
(2) If any such 1[railway employee] as is referred to in section 71, sub-section (2), knowing
that a person is suffering from any infectious or contagious disorder, willfully permits the person to
travel upon a railway without arranging for his separation from other passengers, he shall be punished
with fine which may extend to 2[one thousand rupees].
118. Entering carriage in motion, or otherwise improperly traveling on a railway. — (1)
If a passenger enter or leaves or attempts to enter or leave, any carriage while the train is in motion, or
elsewhere than at the side of the carriage adjoining the platform or other place appointed by the
1
[licensee] for passengers to enter or leave the carriage, or opens the side-door of any carriage while
the train is in motion, he shall be punished with fine which may extend to 2[five hundred rupees].
(2) If a passenger, after being warned by a 1[railway employee] to desist, persists in traveling
on the roof, steps or footboard of any carriage or on an engine, or in any other part of a train not
intended for the use of passengers, he shall be punished with fine which may extend to 2[one thousand
rupees] and may be removed from the railway by any 1[railway employee].
119. Entering carriage or other place reserved for females. If a male person, knowing a
carriage, compartment, room or other place to be reserved by a 1[licensee] for the exclusive use of
females, enters the place without lawful excuse, or, having entered it, remains therein after having been
desired by any 1[railway employee] to leave it, he shall be punished with 2[imprisonment for a term
which may extend to six months, or with fine which may extend to one thousand rupees, or with both]
in addition to the forfeiture of any fare which he may have paid and of any pass or ticket which he may
have obtained or purchased, and may be removed from the railway by any 1[railway employee].
120. Drunkenness or nuisance on a railway. If a person in 1[rolling stock] 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 obscene or abusive language,
or
(c) willfully and without lawful excuse interferes with the comfort of any passenger
or extinguishes any lamp,
he shall 3[without prejudice to any other penalty to which he may be liable under any
other law for the time being in force,] be punished with 2[imprisonment for a term which
may extend to six months, or with fine which may extend to two thousand rupees, or
with both] in addition to the forfeiture of any fare which he may have paid and of any
pass or ticket which he may have obtained or purchased, and may be removed from the
railway by any 1[railway employee].
4
121. Obstructing 1[railway employee] in his duty. If a person willfully obstructs or impedes
any [railway employee] in the discharge of his duty, he shall be punished with 2[imprisonment for a
1
term which may extend to three months, or with fine which may extend to two thousand rupees, or
with both].
1
Subs. by ord. 92 of 02, s. 44 & Sch. II.
2
Subs. by Act IV of 1995. ss. 28-32.
3
Ins. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and 2nd Sch.
4
Cf. the Railway Regulation Act, 1840 (3 & 4 Vict., c. 97), s. 16.
Page 33 of 43
1
122.Trespass and refusal to desist from trespass.— (1) If a person unlawfully enters upon
a railway, he shall be punished with 2[imprisonment for a term which may extend to six months, or
with fine which may extend to two thousand rupees, or with both].
(2) If a person so entering refuses to leave the railway on being requested to do so by any
3
[railway employee], or by any other person on behalf of the 3[licensee], he shall be punished with
2
[imprisonment of either description for a term which may extend to six months, or with fine which
may extend to two thousand rupees, or with both], and may be removed from the railway by such
servant or other person.
2
[(3) Whoever trespasses upon and makes or attempts to make or abets or helps or aids to make
an unauthorized temporary or permanent construction over the railway or on its property or commits
or attempts to commit any act which may be to the detriment or against the interest of the railway,
shall be punished with imprisonment of either description for a term which may extend to three years,
or with fine which may extend to twenty thousand rupees, or with both].
123. Disobediences of omnibus drivers to directions of 3[railway employee]. If a driver or
conductor of a tramcar, omnibus, carriage or other vehicle while upon the premises of a railway
disobeys the reasonable directions of any 3[railway employee] or police-officer, he shall be punished
with 2[imprisonment for a term which may extend to three months, or with fine which may extend to
one thousand rupees, or with both].
4
124. Opening or not properly shutting gates. In either of the following cases, namely:—
(a) if a person knowing or having reason to believe that an engine or train is
approaching along a railway, opens any gate set up on either side of the railway
across a road, or passes or attempts to pass, or drives or takes, or attempts to
drive or take, any animal, vehicle or other thing across the railway,
(b) if, in the absence of a gate-keeper, a person omits to shut and fasten such a gate
as aforesaid as soon as he and any animal, vehicle or other thing under his charge
have passed through the gate,
the person shall be punished 2[imprisonment for a term which may extend to six months,
or with fine which may extend to five thousand rupees, or with both].
125. Cattle trespass.—(1) The owner or person in charge of any cattle straying on a railway
provided with fences suitable for the exclusion of cattle shall be punished with fine which may extend
to 2[fifty rupees] for each head of cattle, in addition to any amount which may have been recovered or
may be recoverable under the Cattle-trespass Act, 1871 (I of 1871).
(2) If any cattle are willfully driven, or knowingly permitted to be, on any railway otherwise
than for the purpose of lawfully crossing the railway or for any other lawful purpose, the person in
charge of the cattle or, at the option of the 3[licensee], the owner of the cattle shall be punished with
fine which may extend to 2[fifty rupees] for each head of cattle, in addition to any amount which may
have been recovered or may be recoverable under the Cattle - trespass Act, 1871 (I of 1871).
1
Cf. the Railway Regulation Act, 1840 (3 & 4 Vict., c. 97), s. 16.
2
Subs. and added by Act IV of 1995, ss. 33-36.
3
Subs. by ord. 92 of 02, s. 44 & Sch. II.
4
Cf. the Railways Clauses Act, 1845 (8 &,9 Vict., c. 20), s. 75.
Page 34 of 43
(3) Any fine imposed under this section may, if the Court so directs, be recovered in manner
provided by section 25 of the Cattle-trespass Act, 1871( I of 1871).
(4) The expression “public road” in sections 11 and 26 of the Cattle-trespass Act, 1871 (I of
1871), shall be deemed to include a railway, and any 1[railway employee] any exercise the powers
conferred on officers of police by the former of those sections.
(5) The word “cattle” has the same meaning in this section as in the Catt1e-trespass Act, 1871
(I of 1871).
2
126. Maliciously wrecking or attempting to wrecktrain. If a person unlawfully—
(a) puts or throws upon or across any railway any wood, stone or other matter or
thing, or
(b) takes up, removes, loosens or displaces any rail, sleeper or other matter or thing
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 signal or light upon or near to any
railway, or
3
[(e) does or attempts to do or causes to be done or abets or conspires the doing of an
act which causes or is likely to cause, any explosion by an explosive substance
or by any other means upon or near railway or any property belonging to
railways,];
with intent, or with knowledge that he is likely, to endanger the safety to any person travelling or being
upon the railway 3[or any property belonging to the railway or of such property, he shall, whether and
injury to any person or property has actually been caused or not, be punished with 4[* *] imprisonment
for life and shall also be liable to forfeiture of property and fine which may extend to 4[one million
rupees, keeping in view the facts of the case]].
3
[Explanation.— “explosive substance” shall have the same meaning as in the Explosive
Substance Act, 1908 (VI of 1908).]
3
[127. Maliciously hurting or attempting to hurt persons travelling by railway or
damaging property belonging to railway.—If a person unlawfully throws or causes to fall or strike
at, against, into or upon any property belonging to any railway, including rolling-stock forming part
or a train, any explosive substance, wood; stone or other matter or thing with intent, or with knowledge
that he is likely, to endanger the safety of any person being in or upon such property, he shall be
punished with 4[* *] imprisonment for life, and shall also be liable to forfeiture of property and fine
which may extend to 4[one million rupees, keeping in view the facts of the case]].
1
Subs. by ord. 92 of 02, s. 44 & Sch. II.
2
Cf. the Malicious Damage Act, 1861 (24 & 25 Vict., c. 97), s. 35, and the Offences against the Person Act, 1861 (24 & 25 Vict., c. 100) s. 32.
3
Subs. & added by Act IV of 1995, ss. 37-38.
4
Omitted and subs. by the Act of the Railways (Amdt) Act , 2022(Act No. XXVI of 2022), ss.2 &3.
Page 35 of 43
1
128. Endangering safety of persons travelling by railway by wilful act or omission. If a
person, by any unlawful act or by any willful omission or neglect, endangers or causes to be
endangered the safety of any person travelling or being upon any railway, or obstructs or causes to be
obstructed or attempts to obstruct any rolling stock upon any railway, he shall be punished with
imprisonment for a term which may extend to two years.
129. Endangering safety of persons travelling by railway by rash or negligent act or
omission. If a person rashly or negligently 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 a railway,
he shall be punished with imprisonment for a term which may extend to 2[two years,] or with fine, or
with both.
130. Special provision with respect to the commission by children of acts endangering
safety of persons travelling by railway.(1) If a minor under the age of twelve years is with respect
to any railway guilty of any of the acts or omissions mentioned or referred to in any of the four last
foregoing sections, he shall be deemed, notwithstanding anything in section 82 or section 83 of the
Pakistan Penal Code, (XLV of 1860) to have committed an offence, and the Court convicting him may
2
* * * require the father or guardian of the minor to execute, within such time as the Court may fix, a
bond binding himself, in such penalty as the Court directs, to prevent the minor from being again guilty
of any of those acts or omissions.
(2) The amount of the bond, if forfeited, shall be recoverable by the Court as if it were a 3fine
imposed by itself.
(3) If a father or guardian fails to execute a bond under sub-section (1) within the time fixed
by the Court, he shall be punished with fine which may extend to fifty rupees.
Procedure
4
[130A. Power to detain and search in cases of suspected theft. Notwithstanding anything
contained in any law for the time being in force, any 5[railway employee], not being below the rank of
Head Watchman, and authorized in this behalf by the 5[licensee], may detain and search any person
who is employed in, or is found in or in the vicinity of any railway workshops, store, depot or other
place for the deposit or handling of any property entrusted or belonging to the 5[licensee], and is
suspected of removing such property without authority.]
131.Arrest for offences against certain sections.—(1) If a person commits any offence
mentioned in section 100, 101, 2[103, 105, 108, 112, 114,] 119, 120, 121, 2[122,124,] 126, 127, 128 or
129 or in section 130, sub-section (1), he may be arrested without warrant or other written authority
by any 5[railway employee] or police-officer, or by any other person whom such servant or officer may
call to his aid.
(2) A person so arrested shall, with the least possible delay, be taken before a Magistrate having
authority to try him or 2[send] him for trial.
1
Cf. the offences against the Person Act, 1861 (24 & 25 Vict., c. 100), s.33-34, and the Malicious Damage Act, 1861 (24 & 25 Vict., c. 97). s. 36.
2
Subs. omitted & Ins. by Act IV of 1995, ss. 39-41.
3
See s. 386 to 389 of the Code of Criminal Procedure, 1898 (5 of 1898).
4
Ins. by the Railways (Amdt.) Act,1957, s. 5.
5
Subs. by ord. 92 of 02, s. 44 & Sch. II.
Page 36 of 43
1
[131A. Summary trial of certain offences.—Notwithstanding anything contained in the
Code of Criminal Procedure, 1898 (Act V of 1898), offences under sections 121, 123, 124 and 125
may be tried summarily.]
2
132. Arrest of persons likely to abscond or unknown.— (1) If a person commits any offence
under this Act other than an offence mentioned in the last foregoing section, or fails or refuses to pay
any excess charge or other sum demanded under section 113, and there is reason to believe that he will
abscond or his name and address are unknown, and he refuses on demand to give his name and address,
or there is reason to believe that the name or address given by him is incorrect, any 3[railway employee]
or police-officer, or any other person whom such 3[railway employee] or police-officer may call to his
aid, may, without warrant or other written authority, arrest him.
(2) The person arrested shall be released on his giving bail or, if his true name and address are
ascertained, on his executing a bond without sureties for his appearance before a Magistrate when
required.
(3) If the person cannot give bail and his true name and address are not ascertained, he shall
with the least possible delay be taken before the nearest Magistrate having jurisdiction.
(4) The provisions of Chapters XXXIX and XLII of the 4[Code of Criminal Procedure, 1898,]
(Act V of 1898) shall, so far as may be, apply to bail given and bonds executed under this section.
133. Magistrates having jurisdiction under Act. No Magistrate other 5* * * than a Magistrate
6
[of the first class] shall try any offence under this Act.
6
[133A. Certain 3[railway employee] to have powers of Magistrate. Notwithstanding
anything contained in the Code of Criminal Procedure, 1898 or in section 133, any 3[railway
employee], not inferior in rank to a 3[railway employee] in 1[Basic pay scale 17], who is authorised by
the Federal Government in this behalf may exercise the powers of a Magistrate of the first class under
the said Code, in respect of offences punishable under section 112, section 114, or section 116:
Provided that such 3[railway employee] shall have authority to award a sentence of fine only.]
134. Place of trial.— (1) Any person committing any offence against this Act 3[or the
Ordinance] or any rule thereunder shall be triable for such offence in any place in which he may be or
which the 3[Authority] may 7notify in this behalf, as well as in any other place in which he might be
tried under any law for the time being in force.
(2) Every notification under sub-section (1) shall be published in the 8[official Gazette], and a
copy thereof shall be exhibited for the information of the public in some conspicuous place at each of
such railway stations as the 3[Authority] may direct.
1
Ins. & subs. by Act IV of 1995, ss. 42-43.
2
Cf. the Companies Clauses Act, 1845 (8 & 9 Vict., c. 16) s. 156.
3
Subs. and Ins. by ord. 92 of 02, s. 44 & Sch. II.
4
Subs. by the Federal Laws (Revision and Declaration), Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., for “Code of Criminal Procedure,
1882”.
5
The words “than a Presidency Magistrate or” omitted by A. O., 1949, Sch.
6
Subs. and Ins. by the Railways (Amdt.) Act, 1976 (25 of 1976), s. 5 &6, for certain words and section 133A.
7
For instances of notifications issued under this power, see different local R. and O.
8
Subs. by A. O., 1937, for “local official Gazette”,
Page 37 of 43
CHAPTER X
SUPPLEMENTAL PROVISIONS
1135. Taxation of railways by local authorities. Notwithstanding anything to the contrary in
any enactment or in any agreement or award based on any enactment, the following rules shall regulate
the levy of taxes in respect of railways and from railway administrations in aid of the funds of local
authorities, namely: —
(1) A railway administration shall not be liable to pay any tax in aid of the funds of any 2local
authority unless the 3[Federal Government] has, by notification in the official Gazette, declared the
railway administration to be liable to pay the tax4.
(2) While a notification of the 3[Federal Government] under clause (1) of this section is in
force, the railway administration shall be liable to pay to the local authority either the tax mentioned
in the notification or, in lieu thereof, such sum, if any, as an officer appointed in this behalf by the
3
[Federal Government] may, having regard to all the circumstances of the case, from time to time
determine to be fair and reasonable.
(3) The 3[Federal Government] may at any time revoke or vary a notification under clause (1)
of this section
(4) Nothing in this section is to be construed as debarring any railway administration from
entering into a contract with any local authority for the supply of water or light, or for the scavenging
of railway premises, or for any other service which the local authority may be rendering or be prepared
to render within any part of the local area under its control.
(5) “Local authority” in this section means a local authority as defined in the 5[General Clauses
Act, 1897] (X of 1897) and includes any authority legally entitled to or entrusted with the control or
management of any fund for the maintenance of 6[Chowkidar or Baildar] or for the conservancy of a
river.
7
136. Restriction on execution against railway property.—(1) None of the rolling- stock,
machinery, plant, tools fittings, materials or effects used or provided by a 8[licensee] for the purpose
of the traffic on its railway, or of its stations or workshops, shall be liable to be taken in execution of
any decree or order of any Court 9[or of any local authority or person having by law power to attach
or distrain property or otherwise to cause property to be taken in execution] without the previous
sanction of the 8[Authority].
1
See also the Railways (Local Authorities' Taxation) Act, 1941 (25 of 1941).
2
For definition of “local authority”, see sub-section (5), infra, and the General Clauses Act, 1897 (10 of 1897), s. 3 (28).
3
Subs. by F.A.O, 1975, Art.2 and Sch., for “Provisional Government” which had been amended by A.O., 1937, A.O., 1949 and A.O., 1964, Art.2 and
Sch. For “Central Government” as amended by A.O., 1937, and A.O., 1961.
4
(1) For notification under this section declaring every railway administration to be liable to pay every tax which it is lawfully required to pay by or on
behalf of any local authority in aid of the funds of such authority, see Gazette of India, 1907, Pt. I,p.l075.
(2) For notification imposing water-rates on the East Indian Railway in respect of certain Municipalities, see Gazette of India, 1893 and 1894, Pt.
I, pp. 358 and 438, respectively.
5
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s. 3 and 2nd Sch., for “General Clauses Act, 1887”.
6
Subs. by Act IV of 1995, s.44.
7
Cf. the Railway Companies Act, 1867 (30 and 31 Vict., c. 127), s. 4.
8
Subs. by ord. 92 of 02, s. 44 & Sch. II.
9
Ins. by Indian Railways Act (1890) Amdt. Act, 1896 (9 of1896),s. 7.
Page 38 of 43
(2) Nothing in sub-section (1) is to be construed as affecting the authority of any Court to attach
the earnings of a railway in execution of a decree or order.
137. 1[Railway employees] to be public servants for the purposes of Chapter IX of the
Pakistan Penal Code.—
2
* * * * * * *
(3) A 1[railway employee] shall not—
(a) purchase or bid for, either in person or by agent, in his own name or in that of
another, or jointly or in shares with others, any property put up to auction under
section 55 or section 56, or,
(b) in contravention of any direction of the 1[licensee] in this behalf, engage in trade.
2
* * * * * * *
3
138. Procedure for summary delivery to 1[licensee] of property detained by 1[railway
employee].–If a 1[railway employee] is discharged or suspended from his office, or dies, absconds or
absents himself, and he or his wife or widow, or any of his family or representatives, refuses or neglects,
after notice in writing for that purpose, to deliver up to the 1[licensee], or to a person appointed by the
1
[licensee] in this behalf, any station, dwelling-house, office or other building with its appurtenances, or
any books, papers or other matters, belonging to the 1[licensee] and in the possession or custody of such
1
[railway employee] at the occurrence of any such event as aforesaid, 4[any 5* * * Magistrate of the first
class] may, on application made by or on behalf of the 1[licensee], order any police-officer, with proper
assistance, to enter upon the building and remove any person found therein and take possession thereof, or
to take possession of the books, papers or other matters, and to deliver the same to the 1[licensee] or a
person appointed by the 1[licensee] in that behalf.
139. [Mode of signifying communications from the Governor General in Council.] Rep. by A.O.,
1937.
140. Service of notices on railway administrations.–Any notice or other document required or
authorised by this Act to be served on a 1[licensee] may be served, 6* * * on the Manager 7* * * —
(a) by delivering the notice or other document to the Manger 8* *; or
(b) by leaving it at his office; or
(c) by forwarding it by post in a prepaid letter addressed to the Manager 8* * at his
office and registered under 9[the post office Act, 1898.] (VI of 1898).
1
Subs. by ord. 92 of 02, s. 44 & Sch. II.
2
Sub-sections (1), (2) and (4) omitted by the Railways (Amdt.) Act, 1956 (23 of 1956), s. 2.
3
Cf. the Railways Clauses Act, 1845 (8 and 9 Vict, c. 20), s.106.
4
Subs. by the Repealing and Amending Act, 1945 (6 of 1945), s. 3 and Sch. II, for “any Magistrate of the first class”.
5
The words “Presidency Magistrate or” omitted by A. O., 1949.
6
The words “in the case of a railway administered by the Government or a Native State” rep. by the Federal Laws (Revision and Declaration) Act, 1951
(26 of 1951), s. 3 and 2nd Sch.
7
The words and commas “and, in the case of a railway administered by a railway company, on the Agent in India of the railway company” rep. ibid.
8
The words “or Agent” rep., ibid.
9
Subs. by the Federal Laws (Revision and Declaration) Ordinance 1981 (27 of 1981), s. 3 and 2nd Sch. for “Part-III of the Indian Post Office Act, 1866”.
Page 39 of 43
1
141. Service of notices by railway administrations.–Any notice or other document required
or authorised by this Act to be served on any Person by a 2[licensee] may be served—
(a) by delivering it to the person; or
(b) by leaving it at the usual or last known place of abode of the person; or
(c) by forwarding it by post in a prepaid letter addressed to the person at his usual
or last known place of abode and registered under 3[the Post Office Act, 1898
(VI of 1898).]
142. Presumption where notice is served by post. Where a notice or other document is served
by post, it shall be deemed to have been served at the time when the letter containing it would be
delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that
the letter containing the notice or other document was properly addressed and registered.
143. Provisions with respect of rules.— (1) A rule under section 22, section 34 or section 84,
or the cancellation, rescission or variation of a rule under any of those sections or under section 47,
sub-section (4), shall not take effect until it has been published in the 4[official Gazette].
(2) Where any rule made under this Act, or the cancellation rescission or variation of any such
rule, is required by this Act to be published in the 4[official Gazette], it shall, besides being so
published, be further notified to persons affected thereby in such manner as the 5[authority making,
cancelling, rescinding or varying the rule], by general or special order, directs.
6
* * * * * * *
7
144. [Interpretation as respects Acceding States.] Omitted by the Federal Laws (Revision and
Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II.
145. Representation of Managers and Agents of Railways in Courts.—(1) The Manager of
a railway 8* * * may, by instrument in writing, authorise any 2[railway employee] or other person to
act for or represent him in any proceeding before any Civil, Criminal or other Court.
(2) A person authorised by a Manager 9* * to conduct prosecutions on behalf of a railway
administration shall, notwithstanding anything in section 495 of the 10[Code of Criminal Procedure,
1898 (Act V of 1898)] be entitled to conduct such prosecutions without the permission of the
Magistrate.
1
Cf. the Companies Clauses Act, 1845 (8 and 9 Viet., c.16), s.136, and the Railways Clauses Act, 1845 (8 and 9 Vict., c. 20), s. 34.
2
Subs. by ord. 92 of 02, s. 44 & Sch. II.
3
Subs. by the Federal Laws (Revision and Declaration) Ordinance 1981 (27 of 1981), s. 3 and 2nd Sch. for “Part-III of the Indian Post Office Act, 1866”.
4
Subs. by A. O.1937. for “Gazette of India”.
5
Subs. by A. O., 1937, for “G.G. in C.”.
6
Sub-section (3) which read “The G. G. in C. may cancel or vary any rule made by him under this Act,” was rep., ibid.
7
Section 144 ins. by A. O., 1949, Sch. The original section 144 reg: Delegation of Powers of Governor-General in Council was repealed by A. O., 1937.
8
The words and commas “administered by the Government or a Native State and the Agent in India of a railway administered by a railway company,”
rep. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 3 and 2nd Sch.
9
The words “or Agent” rep., ibid.
10
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., for “Code of Criminal Procedure, 1882”.
Page 40 of 43
1
[146. Power to extend Act to certain tramways.—2[(1) This Act or any portion thereof may,
by notification in the official Gazette, be extended to any tramway by the Provincial Government.]
(2) This section does not apply to any tramway not worked by steam or other mechanical
power.]
3
[147. Power to exempt railway from the operation of the provisions of the Act.— The
Provincial Government, in relation to sections 8A and 11, and the Federal Government or the
Authority, as the case may be, in relation to the remaining provisions of the Act, may, by notification
in the official Gazette, exempt any railway from the operation thereof.]
148. Matters supplemental to the definitions of “railway” and “ 3[railway employee]”. —
(1) For the purposes of section 3, clauses (5), (6) and (7), and sections 4 of 19 (both inclusive), 47 to
52 (both inclusive), 59, 79, 83 to 92 (both inclusive), 96, 97, 98, 100, 101, 103, 104, 107, 111, 122,
124 to 132 (both inclusive), 134 to 138 (both inclusive), 140, 141 4* 145, and 147 the word “railway”,
whether it occurs alone or as a prefix to another word, has reference to a railway or portion of a railway
under construction and to a railway or portion of a railway not used for the public carriage of
passengers, animals or goods as welt as to a railway falling within the definition of that word in section
3, clause (4).
(2) For the purposes of sections 5, 21, 83, 100, 101, 103, 104, 121, 122, 125 and 5* * * 138,
the expression “3[railway employee]” includes a person employed upon a railway in connection with
the service thereof by a person fulfilling a contract with the 3[licensee].
149. [Amendment of the Indian Penal Code.] Rep. by the Repealing Act, 1938 (1 of 1938), s.
2 and Schedule.
150. [Amendment of the Sindh-Pishin Railway Act, 1887.] Rep. by the Repealing Act, 1938 (1
of 1938), s. 2 and Schedule.
THE FIRST SCHEDULE.—[ENACTMENTS REPEALED.]
Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule.
_______
THE SECOND SCHEDULE
ARTICLES TO BE DECLARED AND INSURED
(See section 75)
(a) gold and silver, coined or uncoined, manufactured or unmanufactured;
(b) plated articles;
1
Subs. by A. O., 1937, for the original section.
2
Sub-section (1) as amended by A. O., 1949, and A. O., 1961, has been subs. by A. O., 1964, Art. 2 and Sch.
3
Subs. by Ord. 92 of 02, s.44 & Sch.II.
4
Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981). s.3 and 2nd Sch.
5
Certain words & figures omitted by the Railway (Amdt.) Act, 1956 (23 of 1956),s.3.
Page 41 of 43
(c) cloths and tissue and lace of which gold or silver forms part, not being the uniform or
part of the uniform of an officer, soldier, sailor, police-officer 1* * * or of any public
officer, 2[Pakistan] or foreign, entitled to wear uniform;
(d) pearls, precious stones, jewellery and trinkets;
(e) watches, clocks and timepieces of any description;
(f) Government securities;
(g) Government stamps;
(h) bills of exchange, hundis, promissory-notes, bank-notes, and orders or other securities
for payment of money;
(i) maps, writings and title-deeds;
(j) paintings, engravings, lithographs, photographs, carvings, sculpture and other works of
art ;
3
[(jj) Pens and pencils (imported );]
(k) art pottery and all articles made of glass, china or marble;
(l) silks in a manufactured or unmanufactured state, and whether wrought up or not
wrought up with other materials;
(m) shawls 3[“and woollen Carpets”] ;
(n) lace and furs;
(o) opium;
(p) ivory, ebony, coral and sandalwood;
(q) musk, sandalwood-oil and other essential oils used in the preparation of itr or other
perfume;
(r) musical and scientific instruments; 4[Mercury (Quick Silver)] ;
3
[(rr) television sets, tape recorders, washing machines, refrigerators, air-conditioners,
electric shavers, knitting machines, X-ray machines, E.C.G. machines, telephone-
apparatus, calculators and computers;
1
Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch.
2
Subs. by A. O., 1961, Art. 2 and Sch., for “British” (with effect from the 23rd March, 1956).
3
Ins. by S.R.O. 743(1)/77 dt. the 8th August, 1977, see Gaz., of Pak., 1977 (lbd.) Ext., Pt. II, p. 1417.
4
Added by Notification No. 2928 T.C., dated the 2nd August, 1944.
Page 42 of 43
(rrr) motor vehicles and motor tractors exceeding rupees ten thousand in value;]
1
[(rrrr) electric cooking range, electric microwave oven, electric geaser, video cassette
recorder, video cassette player, deep freezer, personal computer, amplifier, camera,
movie camera, computer disk.]
(s) any article of special value which the 2[Federal Government] may, by notification in
the 3[official Gazette] add to this schedule4.
.
1
Ins.by Act. IV of 1995, s.45
2
Subs. by F..A.O., 1975., Art. 2 and Sch., for “Provincial Government” which was previously subs. by A.O., 1964, Art. 2 and Sch., for “Central
Government” which had been subs. by A.O., 1949, Sch., for “Federal Railway Authority”.
3
Subs. by A. O., 1937, for “Gazette of the India”.
4
For Arts. added to this Schedule by Notification, see Gen. R. and O. and for such an instance, see Gaz. of P., Pt. I, dated the 7th September,
1951. p. 512.
Page 43 of 43
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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