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Railways Act, 1890

Act· 1890· 43 pages
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Summary

The Railways Act, 1890 is the foundational law governing how railways are built, run, and regulated in Pakistan. Section 1 makes it apply across the whole country, and Section 3 defines key terms used throughout the Act.

Chapter III (Sections 7-15) gives railway administrations authority to carry out necessary construction and maintenance works, including altering pipes, wires and drains (Section 8) and temporarily entering land to make repairs or prevent accidents (Section 9); anyone whose land or property is damaged in the lawful exercise of these powers is entitled to compensation (Section 10). Landowners can also require "accommodation works" such as fences, gates, bridges, and level crossings where a railway cuts through their land (Sections 11-14).

Chapter VI covers the day-to-day working of railways. The "Carriage of Property" provisions (Sections 53-61) set maximum loads for wagons, give railway administrations a lien over goods for unpaid charges, and regulate the carriage of dangerous or offensive goods. The "Carriage of Passengers" provisions (Sections 62-71) require communication systems between passengers and staff, reserved compartments for females (Section 64), published timetables and fares (Section 65), and prohibit travelling without a valid pass or ticket (Section 68).

Chapter VII (Sections 72-82A) sets out the legal responsibility of railway licensees as carriers - their general liability for loss of animals and goods (Sections 72-73), liability for luggage (Section 74), and special rules for articles of particular value. The accompanying Schedule lists categories of especially valuable goods attracting special liability treatment, including jewellery, precious stones, gold, bank notes, and (via later amendments) modern items such as televisions, refrigerators, and computers.

Chapter VIII requires reporting of railway accidents (Section 83) and allows rules for accident inquiries. Chapter IX creates a wide range of offences and penalties, covering matters such as drunkenness on a train (Section 100), endangering passenger safety (Sections 101, 128-129), obstructing level crossings (Section 104), cattle trespass on the line (Section 125), and fraudulent or unauthorised travel (Sections 112-113); Sections 130A-134 set out arrest, summary trial, and jurisdiction procedures for these offences.

This is an 1890 Act that has been heavily amended over more than a century - many original sections have been omitted or repealed (for example the entire original Chapter IV on opening of railways, and Sections 26-40), and the footnotes reference multiple Adaptation Orders and a 1981 revision ordinance. Given its age, the precise current wording of any specific provision, especially penalty and procedural sections, should be checked against the latest official text.

Key topics

railway regulationpassenger and freight carriage rulesrailway offences and penaltiescarrier liabilityrailway accidents

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