REGISTERED NO. DL-33004/94 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 39J NEW DELHI, TUESDAY, APRIL 26, 1994/VAISAKHA 6,1916 Separate paging is given to this Part in order that it may be filed us a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 26th April, 1994/Vaisakha 6, 1916 (Saka) The following Act of Parliament received the assent of the President on the 26th April, 1994, and is hereby published for general information:— THE RAILWAYS (AMENDMENT) ACT, 1994 No. 28 OF 1994 [26th April, 1994.] An Act to amend the Railways Act, 1989 and the Railway Claims Tribunal Act, 1987. BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:—
CHAPTER I PRELIMINARY I. (1) This Act may be called the Railways (Amendment) Act 1994.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Short title and commencement.
CHAPTER II AMENDMENTS TO THE RAILWAYS ACT, 1989 24 of 1989, 2, In section 123 of the Railways Act, 1989 (hereafter in this Chapter referred to as the principal Act), after clause (b), the following clause shall be inserted, namely:— '(c) "untoward incident" means- Amend ment of section
123. 28 of 1987.
(1) (i) the commission of a terrorist act within the meaning of sub-section (1) of section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987; or 2 THE GAZETTE OF JNDIA EXTRAORDrNARY [pA^r II— (H) the making of a violent attack or the commission of robbery or dacoity; or (Hi) theindujgiflif in rioting, &ftoOt-out or arson, by any person in W On any train 'Carrying passengers, or in a waiting haUv.<^ak rbom or reservation at booking office or on any platform or 'In Shjf other plac$ "within the precincts of a railway station; or
(2) the accidental falling of any passenger from a train carrying passengers.'. Insertion of newsection
124A.
3. After section 124 of the principal Act the following section shall be inserted, namely:— Compensation on account of untoward incidents. '124A. When in the course of working a railway an untoward Incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such ate would entitle a passenger who has been injured or the dependant of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of, or injury to, a pa'ssenger as a result of such untoward incident:
Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to—
(a) suicide or attempted 'suicide by him;
(b) self-inflicted injury;
(c) his own criminal act;
(d) any act committed by him in a state of intoxication or insanity;
(e) any natural cause or diseabe or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward Incident.
Explanation.—For the purposes of this seatdon, "passenger" includes—
(i) a Tailway servant on duty; and (H) a person who has purchased a Valid ticket for travelling, by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident.'. S"C 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
4. In section 125 of the principal Act, in sub-section (1),—
(a) in the opening portion, after the word arid figures "section 124", the words, figures and letter "or section 124A" shall be inserted;
(b) in clause (d), after the word "accident", the words "or the untoward incident" shall be inserted. Amend, ment of section
125.
5. In section 126 of the principal Act, in sub-section (2), after the word and figures "section 124", the words, figures and letter "or section 124A" shall be inserted. Amendment of section
126.
6. In section 128 of the principal Act, in sub-section (1), after the word and figures "section 124", the words, figures and letter "or section 124A" shall be inserted. Amendment of section
12B.
CHAPTER III AMENDMENTS TO THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 54 of 1987. 7. In the long title to the Railway Claims Tribunal Act, 1987 (hereafter in this Chapter referred to as the principal Act), after the words "railway accidents", the words "or untoward incidents" shall be inserted. Amend1- ment of long title.
8. In section 2 of the principal Act, clause (n) shall be re-lettered as clause (o), and before clause (o) as so re-lettcred, the following clause shall be inserted, namely: — Amendment of section 2, 24 of 1989. ' (n) "untoward incident" shall have the meaning assigned to it in clause (c) of section 123 of the Railways Act, 1989;'.
9. In section 13 of the principal Act,—
(a) after sub-section (1), the following sub-section shall be inserted, namely: — Amendment of section
15. 24 of 1989. "(M) The Claims Tribunal shall also exercise, on and from the date of commencement of the provisions of section 124A of the Railways Act, 1989, all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court in respect of claims for compensation now payable by the railway administration under section 124A of the said Act or the rules made thereunder.";
(b) in sub-section (2), for the words "Railways Act", the words and figures "Railways Act, 1989" shall be substituted. 24 of 1989. 10. In section 15 of the principal Act, for the word, brackets and figure "sub-secrion (1)", the words, brackets, figures and letter "subsections (!) and (1 A)" shall be substituted. Amendment of section 15
11. In section 16 of the principal Act,—
(a) in sub-section (1), after the word, brackets and figure "subsection (1)", the words, brackets, figure and letter "or sub-section (1A)" shall be inserted;
(b) in sub-section (2), in the proviso, after the word, brackets and figure "sub-section (1)", the words, brackets, figure and letter "or, as the case may be, sub-section (1A)" shall be inserted. Amendment of section
10. 4 THE GAZETTE OF INDIA EXTRAORDINARY [PARI II—SEC. 1J Amendment of section
17.
12. In section 17 of the principal Act, in s-ub-section ( i ) , in clause (£>), after the word, brackets and figure "sub-section (1)", the words, brackets, figure and letter "or, as the case may be, sub-section (1A)" shall be inserted. Amendment of section 24.
13. In section 24 of the principal Act, in sub-section (2),—
(a) after the words "appointed day", at both the places where they occur, the words brackets, figures and letter "or, as the case may be, the date of commencement of the provisions of sub-section (1A) of section 13" shall be inserted;
(b) for the words "that day", the words "that day or, as the case may be, date" shall be substituted. K. L. MOHANPURIA, Secy, to the Govt, of India. PRINTED BY THE MANAGER, GOVERNMENT Of INDIA PRESS, MINTO ROAD, NLW DELHI AND 1'L'1): ISlIl'D BY THE CONTROL! ER OJ J'UBLK AT ,ONS, DELHI, 1994.