Railway Claims and Refunds
हिंदी वेबसाइट

Indian Railways

The Gazette of India

EXTRAORDINARY
PART-II- Section 3-Sub-Section(i)
PUBLISHED BY AUTHORITY

No. 381

New Delhi, Friday, August 8, 2003/ Sravana 17,1925

Government of India
Ministry of Railways

NOTIFICATION
 New Delhi, the 8th August, 2003


G.S.R. 646(E)- In exercise of the powers conferred by section 129 of the Railways Act, 1989(24 of 1989), read with section 22 of the General Clauses Act, 1897 (10 of 1897), the Central Government hereby makes the following rules, namely:-

1.

Short title and commencement. -  (1)     These rules may be called the Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003.

  (2)

They shall come into force on the date of their publication in the Official Gazette.

2.

Definitions. - (1) In these rules, unless the context otherwise requires, -  

    (a)

?Act? means the Railways Act, 1989 (24 of 1989); 

    (b)

'Claims Tribunal? means Tribunal constituted under the Railway Claims Tribunal Act, 1987;

    (c)

'diary? means the station diary being maintained by the Station Superintendent for recording daily events happened at the station;  

    (d)

?Divisional Office? means the divisional headquarter of the Zonal Railway;

    (e)

?Divisional Railway Manager? means the administrative in-charge of the divisional office;

    (f)

?Divisional Security Commissioner? means administrative in-charge of the force of Divisional Office; 

    (g)

?Force? means the Railway Protection Force;  

    (h)

?Form? means the Form appended to these rules;  

    (i)

?Inquest Report? means the report prepared by the police containing details of incident;  

    (j)

?Jama Talashi? means the report about the recovery of any belongings of the person affected by the      untoward incident;  

    (k)

?Police? means a State Police;  

    (l)

'Station Superintendent? includes Deputy Station Superintendent, Station Master and Assistant Station   Master or other officer being in-charge of the station;  

    (m)

?Supervisor? means official-in-charge of the guard or driver or Train Ticket Examiner booking office;

    (n)

?Technical Survey? means survey carried out by a team of railway officials nominated by the Station Superintendent or any other official being in charge of railway station;  

    (o)

?untoward incident? means an incident defined under clause (c) of section 123 of the Act; and

    (p)

?Zonal Railway? means a zonal railway constituted under section 3 of the Act.  

  (2)

The words and expressions used herein and not defined but defined in the Act shall have the meaning    respectively assigned to them in the Act.

3.

Report about untoward incident. -  Any railway servant, including guard and driver of the train, on coming to know of the occurrence of an untoward incident, shall report the incident immediately to the nearest Station Superintendent.

4.

Duties of guard,  driver  and  Train  Ticket Examiner. -  Any guard or driver or Train Ticket Examiner, who is on duty at the time of occurrence of untoward incident, shall,  

  (i)

immediately arrange for medical assistance to the injured passengers, and  

  (ii)

report the occurrence of such incident to the Supervisor in Form-I.

5.

Duties of Supervisor. -  On receipt of a report in Form-I, the Supervisor shall forward the same to the Divisional  Railway Manager.

6.

Duties of Station Superintendent.  -  The Station Superintendent, on receipt of an information about the occurrence of an untoward incident under rule 3, shall, -  

  (i)

make necessary entries to this effect  in the station diary; hcl

  (iii)

make out a brief report in respect of spot of the untoward incident and forward copies thereof to the Divisional Office, Zonal Railways, police and in-charge of the Force;

  (iv)

carry out technical survey of the untoward incident himself or through his representative; and

  (v)

depute his  representative to assist the force to complete the process of investigation.

7.

Conducting of investigation and submission of report by the Force. - (1)  On receipt of information under rule 6, an officer of the Force, not below the rank of Inspector shall carry out the investigation and shall, -  

    (i)

obtain copies of the inquest report, post mortem report and Jama Talashi report from the police investigating the incident;  

    (ii)

obtain copy of the technical survey carried out by the railway official nominated by the Station Superintendent;

    (iii)

obtain information about the untoward incident in Form -2;

    (iv)

record statement of additional witnesses, if so required;

    (v)

collect any other evidence required by the circumstances of the case.  

  (2)

The officer of the Force, on completion of the investigation, shall submit a report to the authorities specified under sub-rule(2) of rule 10.  

8.

Conducting of investigation and submission of report by the Police. - (1) The police on receipt of the report under clause (iii) of rule 6, shall immediately initiate investigation and prepare inquest report or Injury report in accordance with the procedure laid down in Criminal Procedure Code, 1973.  

  (2)

After preparation of report, as mentioned in sub-rule(1), the police shall immediately give clearance certificate for movement of  trains from the site of incident so that minimum delay is caused in restoration of train movement.  

9.

The injured and the next of kin of the deceased passenger may submit evidence and assist police and Force. - The injured and the next of kin of the deceased passengers may submit all the relevant evidence before the Police and assist the police and the Force to complete the investigation.  

10.

Forwarding of investigation report by the police and the Force. - (1) The police on completion of the investigation, shall forward the report thereof to the Magistrate, as required under the Criminal Procedure Code, 1973. 

  (2)

The officer of the Force shall forward the report prepared under sub-rule (2) of rule 7 to the Divisional Railway Manager and Divisional Security Commissioner of the Force.  

11.

Action on the report by the Divisional Railway Manager. -  (1) The Divisional Railway Manager, on receipt of the report, shall immediately examine the same.  

  (2)

When, on examination, Divisional Railway Manager is satisfied that the investigation is complete, he shall pass an order accepting the said report.

  (3)

If the Divisional Railway Manager has reason to believe that some more inquiry is required in the matter, it shall refer the same back for investigation to the  officer of the  Force along with his observations for further investigation.

  (4)

On receipt of a reference under sub-rule (3), the officer of the Force shall investigate the matter further and submit the report immediately to the Divisional Railway Manager.  

12.

Communication of order. -  Final orders passed on the report by the Divisional Railway Manager shall be communicated to the Station Superintendent who shall  maintain the records and make necessary entries in the Station Diary to this effect.  

13.

Investigation report to be placed before Divisional Railway Manager. - The investigation report along with comments of the Divisional Railway Manager thereon shall be placed before the Claims Tribunal by Railway Administration while filing written statement in the case in which compensation has been claimed on the basis of such untoward incident.

(Padmakshi Raheja)
Executive Director/Public Grievances
Ministry of Railways

Railway Board  
New Delhi

Form-I  
(See rule 4)
 
REPORT  OF UNTOWARD INCIDENT

1.      Kilometer at which untoward incident occurred :  
2.      Name of Driver of the train with Headquarter :  
3.      Name of Guard of the train with Headquarter :  
4.      Name of Train Ticket Examiner of train, if posted, with Headquarter :  
5.      Nature of the untoward incident  
(a)     accidental fall  
(b)     bomb blast  
(c)     rioting/shootout  
(d)     others  
6.      Time of occurrence :  
7.      Position of human body in relation to track :  
8.      Whether medical help was given to the injured :  
9.      Whether train stopped or not :  
10.     Condition of doors and occupation of coach :

  Signature
Name and designation

Date :

Form-2  
(See rule 7)  
BRIEF PARTICULARS OF UNTOWARD INCIDENT
 

1. In cases of death :  
  (a) time and place the body was detected:
  (b) position of the body in relation to the tracks:  
  (c) blood stains on ballast or engine, extent of the injuries and whether prima facie inflicted by a train or otherwise :
  (d) position of any clothing etc. found on or near the rails :  
  (e) Name of informant, his parentage and address :
   
2. In case of accidental falling or other untoward incidents :  
  (a) kilometerage at which the passenger fell or person was knocked down :  
  (b)

was the incident noticed by the Guard/Driver/TTE and the train stopped or was the alarm chain pulled to stop the train :  

  (c) was the train backed to the incident spot :
  (d) how the injured or dead person was dealt with :
     
3. In case the passenger falling out:  
  (a) name, age, sex and address of the passenger, with the particulars of ticket, if any, held :
  (b) if child, also give the name and address of the guardian at the time, and his relationship to the child :  
  (c) where was the person or child seated or standing at the time last seen by fellow passengers :
  (d)

owning railway, painted number, compartment number, type description and position of the carriage from the engine :

  (e) condition of doors :  
  (f) officer of the Force on train :  
  (g) brief statement of the injured person containing cause of accident :
  (h) name  and signature of the passenger in whose presence the statement is recorded :
  (i) in the case of a child, the name and signature of guardian :
  (j) statement of co-passengers :  
  (k)

type of injuries sustained by the injured i.e. temporary, permanent, partial or complete disablement :  

Signature
Name and designation

Date :  

       Reference note dated 20th May, 2003 of additional LC on pre-page.  

      The draft rules as modified by the Additional LC have been got re-typed as suggested in Para 3 of the said note of Additional LC. The particulars, which reports should contain, have been formulated in the form of Form-I and II appended to the rules.  The definition clause has also been re-considered and the terms which are not invariably used have been omitted from the draft rules.  The abbreviations have been expanded as per the suggestion of the ALC in Para 4 of the note under reference.  

      With regard to the observations made in Para 2 of the note under reference it is submitted that though there is no specific provision in the present railway Protection Force Act to empower the force for making investigations and in the recent amendments proposed to the Railway Protection Force and the Railways Act, the Force is being empowered to investigate certain offences as contained in the Railways Act.  Under the Draft Rules, the Force is like any other Railway servant, being asked to collect the evidence pertaining to the untoward incident so that the said evidence can be used at the time of defending/deciding the claim cases before the Railway Claims Tribunal.  Railway Protection Force under the existing provision, has certain duties to perform in case of Railway Accidents, Untoward Incidents are also like Railway Accidents accompanied by loss of life or injury to passengers.  Railway Protection Force under the Rules is to perform certain duties when an untoward incident takes place.  These have been spelt out in the proposed rules. Under these rules, Force is not being empowered to investigate any offence.  Therefore, there is no conflict between the provisions of the Railway Protection Force Act and the Railways Act and the recent amendments proposed to the said Acts so far as the Draft Rules are concerned.  

      In the circumstances, Additional Legislative Counsel is requested to vet the Draft Rules as modified by him and which have been got re-typed and placed at F/X.   
 

(Padmakshi Raheja)
EDPG
16.6.2003

Sh. S. R. Dhaleta  
Additional Legislative Counsel  
Ministry of Law and Justice
Shastri Bhavan


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