71A. In this Chapter, unless there is anything repugnant in the subject or context,-

(a) the employment of the railway servant is said to be “essentially intermittent” when it has been declared to be so by the authority empowered in this behalf, on the ground that it involves long periods of inaction; during which the railway servant is on duty but is not called upon to display either physical activity or sustained attention; and

²⁸[* * *]

71B. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

71C. (1) The railway servant, other than the railway servant whose employment is essentially intermittent, shall not be employed for more than sixty hours a week on the average in any month.

(2) The railway servant whose employment is essentially intermittent shall not be employed for more than eighty-four hours in any week.

(3) Subject to rules made under section 71E, temporary exemptions of railway servants from the provisions of sub-section (1) and sub-section (2) may be made-

(a) when such temporary exemptions are necessary to avoid serious interference with the ordinary working of the railway, in cases of accident, actual or threatened, or when urgent work is required to be done to the railway or to rolling-stock or in any emergency which could not have been foreseen or prevented; and

(b) in cases of exceptional pressure of work not falling within the scope of clause (a):

Provided that the railway servant exempted under clauses (b) shall be paid for overtime at not less than one and a quarter times his ordinary rate of pay.

71D. (1) The railway servant shall be granted, each week commencing on Sunday, a rest of not less than twenty-four consecutive hours:

Provided that this sub-section shall not apply to the railway servant whose employment is essentially intermittent, or to the railway servant to whom sub-section (2) applies.

(2) The Government may, by rules made under section 71E, specify the railway servants or classes of the railway servants to whom periods of rest may be granted on a scale less than that laid down in sub-section (1), and may prescribe the periods of rest to be granted to such railway servants.

(3) Subject to rules made under section 71E, temporary exemptions form the grant of periods of rest may be made in the cases or circumstances specified in sub-section (3) of section 71C:

Provided that the railway servant shall, as far as may be possible, be granted compensatory periods of rest for the periods he has foregone.

71E. (1) The Government may make rules-

²⁹[* * *];

(b) prescribing the authorities who may declare that the employment of any railway servant or class or the railway servants is essentially intermittent;

(c) specifying the railway servants or classes of the railway servants to whom sub-section (2) of section 71D shall apply;

(d) prescribing the authorities by whom exemptions under sub-section (3) of section 71C or sub-section (3) of section 71D may be made;

(e) providing for the delegation of their powers by the authorities prescribed under clause (d); and

(f) providing for any other matter which is to be provided for by rules or which the Government may deem to be requisite for carrying out the purposes of this Chapter.

(2) Such rules shall be subject to the provisions of section 143.

71F. Nothing in this Chapter or the rules made thereunder shall authorise the railway servant to leave his duty where due provision has been made for his relief, until he has been relieved.

71F. Nothing in this Chapter or the rules made thereunder shall authorise the railway servant to leave his duty where due provision has been made for his relief, until he has been relieved.

71G. (1) The Government may appoint persons to be Supervisors of the Railway Labour.

(2) The duties of Supervisors of the Railway Labour shall be-

(a) to inspect the railway in order to determine if the provisions of this Chapter and of the rules made thereunder are duly observed, and

(b) such other duties as the Government may prescribe.

(3) A Supervisor of the Railway Labour shall be deemed to be an Inspector for the purposes of sections 5 and 6.

71H. Any person under whose authority any railway servant is employed in contravention of any of the provisions of this Chapter or of the rules made thereunder shall be punishable with fine which may extend to five hundred Taka.]

72. (1) The responsibility of the railway administration for the loss, destruction or deterioration of animals or goods delivered to the administration to be carried by the railway shall, subject to the other provisions of this Act, be that of a bailee under sections 151, 152 and 161 of the Contract Act, 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 person sending or delivering to the railway administration the animals or goods, and

(b) is otherwise in a form approved by the Government.

(3) Nothing ³⁰[* * *] 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 the railway administration.

73. (1) The responsibility of the railway administration under the last foregoing section for the loss, destruction or deterioration of animals delivered to the administration to be carried on the railway shall not, in any case, exceed-

(a) in the case of elephants, one thousand five hundred Taka per head,

(b) in the case of horses, seven hundred and fifty Taka per head,

(c) in the case of mules, camels or horned cattle, two hundred Taka per head, and

(d) in the case donkeys, sheep, goats, dogs or other animals, thirty Taka per head,

unless the person sending or delivering them to the administration caused them to be declared or declared them, at the time of their delivery for carriage by the railway, to be respectively of higher value than one thousand five hundred, seven hundred and fifty, two hundred or thirty Taka per head, as the case may be.

(2) Where such higher value has been declared, the railway administration 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 the railway administration 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. The railway administration shall not be responsible for the loss, destruction or deterioration of any luggage belonging to or in charge of a passenger unless the railway servant has booked and given a receipt therefor.

75. (1) When any articles mentioned in the second schedule are contained in any parcel or package delivered to the railway administration for carriage by the railway, and the value of such articles in the parcel or package exceeds three hundred Taka, the railway administration shall not be responsible for the loss, destruction or deterioration of the parcel or package unless the person sending or delivering the parcel or package to the administration 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 the railway, and, if so required by the administration, 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) The railway administration may make it a condition of carrying a parcel declared to contain any article mentioned in the second schedule that the railway servant authorised in this behalf has been satisfied by examination or otherwise that the parcel actually contains the article declared to be therein.

76. In any suit against the railway administration for compensation for loss, destruction or deterioration of animals or goods delivered to the railway administration for carriage by the railway, it shall not be necessary for the plaintiff to prove how the loss, destruction or deterioration was caused.

77. A person shall not be entitled to a refund of an over charge in respect of animals or goods carried by the 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 railway administration within six months from the date of the delivery of the animals or goods for carriage by the railway.

78. Notwithstanding anything in the foregoing provisions of this Chapter, the railway administration 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. Where an officer, soldier, sailor, airman or follower, while being or travelling as such on duty upon the railway

³¹[* * *], loses his life or receives any personal injury in such circumstances that, if he were not an officer, soldier, sailor, airman or follower being or travelling as such on duty upon the railway, compensation would be payable under Act 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, naval or air-force regulations to which he was immediately before his death, or is, subject, be determined in accordance with those regulations, and not otherwise.

80. Notwithstanding anything in any agreement purporting to limit the liability of the railway administration with respect to traffic while on the railway of another administration, 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 railway administration 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 railway administration on whose railway the loss, injury, destruction or deterioration occurred.

81. [Repealed by section 5 of the Indian Railway Amendment Act, 1896 (Act No. IX of 1896).]

82. (1) When the railway administration contracts to carry passengers, animals or goods partly by the railway and partly by sea, a condition exempting the railway administration from responsibility for any loss of life, personal injury or loss of or damage to animals or goods which may happen during the carriage by sea from the act of God, the enemies of Bangladesh, fire, accidents from machinery, boilers and steam and all and every other dangers and accidents of the seas, rivers and navigation of whatever nature and kind soever shall, without being expressed, be deemed to be part of the contract, and, subject to that condition, the railway administration shall, irrespective of the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of life, personal injury or loss of or damage to animals or goods which may happen during the carriage by sea, to the extent to which it would be responsible under the ³²[Merchant Shipping Act, 1894], if the ship were registered under the former of those Acts and the railway administration were owner of the ship, and not to any greater extent.

(2) The burden of proving that any such loss, injury or damage as is mentioned in sub-section (1) happened during the carriage by sea shall lie on the railway administration.

³³[82A. (1) When in the course of working the 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 railway administration 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 railway administration shall, notwithstanding any other provision of law to the contrary, be liable to pay compensation to the extent set out in sub-section (2) and to that extent only 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.

(2) The liability of the railway administration under this section shall in no case exceed ten thousand Taka in respect of any one person.]

83. When any of the following accidents occur in the course of working the railway, namely:-

(a) any accident attended with loss of human life, or with grievous hurt as defined in the ³⁴[Penal Code], or with serious injury to property;

(b) any collision between trains of which one is a train carrying passengers;

(c) the derailment of any train carrying passengers or of any part of such a train;

(d) any accident of a description usually attended with loss of human life or with such grevious hurt as aforesaid or with serious injury to property;

(e) any accident of any other description which the Government may notify in this behalf in the official Gazette;

the railway administration working the railway and, if the accident happens to a train belonging to any other railway administration, the other railway administration also shall, without unnecessary delay, send notice of the accident to the Government and to the Inspector appointed for the railway; and the station master nearest to the place at which the accident occurred or, where there is no station-master, the railway servant in charge of the section of the railway on which the accident occurred shall, without unnecessary delay, give notice of the accident to the Magistrate of the district in which the accident occurred, and to the officer in charge of the police-station within the local limits of which it occurred, or to such other Magistrate and police-officer as the Government appoints in this behalf.

84. The Government may make rules consistent with this Act 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 the railway servants, police-officers, Inspectors and Magistrates on the occurrence of an accident.

85. The railway administration shall send to the Government 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 Government directs.

86. Whenever any person injured by an accident on the 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, and may make such order with respect to the cost of the examination as it or he thinks fit.

87-98. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

99. If the railway servant whose duty it is to comply with the provisions of section 60 negligently or wilfully omits to comply therewith, he shall be punished with fine which may extend to twenty Taka.

100. If the railway servant is in a state of intoxication while on duty, he shall be punished with fine which may extend to fifty Taka, or, where the improper performance of the duty would be likely to endanger the safety of any person travelling or being upon the railway, with imprisonment for a term which may extend to one year, or with fine, or with both.

101. If the railway servant, when on duty, endangers the safety of any person-

(a) by disobeying any general rule made, sanctioned, published and notified under this Act, 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,

he shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred Taka or with both.

102. If the railway servant 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 Taka.

103. If a station -master or the railway servant in charge of a section of the 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, he shall be punished with fine which may extend to fifty Taka.

104. If the railway servant 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 fine which may extend to twenty Taka.

105. If any return which is required by this Act 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 five hundred Taka, or with imprisonment which may extend to one year, or with both.

106. 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 fine which may extend to ten Taka for every maund or part of a maund of the goods, and the fine shall be in addition to any rate or other charge to which the goods may be liable.

107. If in contravention of section 59 a person takes with him any dangerous or offensive goods upon the railway, or tenders or delivers any such goods for carriage upon the railway, he shall be punished with fine which may extend to five hundred Taka 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.

108. (1) If a passenger, without reasonable and sufficient cause, makes use of or interferes with any means provided by the railway administration for communication between passengers and the railway servants in-charge of a train, he shall be punished with a fine which shall not be less than one hundred Taka but not exceeding two hundred Taka or with imprisonment for a period of one month or with both.

(2) If an adult passenger of a compartment in which an offence under sub-section (1) has been committed refuses, without reasonable and sufficient cause, to render any assistance, when such assistance is demanded of him, to the railway servant in identifying the passenger guilty of the offence, he shall be punished with fine which shall not be less than fifty Taka and which may extend to one hundred Taka.

³⁵[108A. If a passenger, having a proper pass or ticket with him or not, without reasonable and sufficient cause, alight from the train which has stopped at a place other than a station or a place appointed by the railway administration for passengers to leave the train and discontinues his journey, he shall be punished with fine which may extend to fifty Taka.]

109. (1) If a passenger, having entered a compartment which is reserved by the railway administration 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 servant, he shall be punished with fine which may extend to twenty Taka.

(2) If a passenger resists the lawful entry of another passenger into a compartment not reserved by the railway administration 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 twenty Taka.

110. (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 Taka.

(2) If any person persists in so smoking after being warned by any railway servant to desist, he may, in addition to incurring the liability mentioned in sub-section (1), be removed by any railway servant from the carriage in which he is travelling.

111. If a person, without authority in this behalf, pulls down or wilfully injures any board or document set up or posted by order of the railway administration on the 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 fifty Taka.

112. (1) If a person, with intent to defraud the railway administration,-

(a) enters or remains in any carriage on the 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 with imprisonment for a term which may extend to three months or with fine which may extend to one hundred Taka in addition to the amount of the single fare for any distance which he may have travelled. The burden of proof that there was no intention to defraud shall lie on the accused.

(2) Notwithstanding anything contained in section 65 of the ³⁶[Penal Code], the Court convicting an offender under this section may direct that the offender in default of payment of any fine inflicted by the Court, shall suffer imprisonment for a term which may extend to three months.

113. (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 his pass or ticket immediately on requisition being made therefor under section 69, he shall be liable to pay, on the demand of any railway servant appointed by the railway administration in this behalf, the excess charge hereinafter in this section mentioned, in addition to the ordinary single fare from the station from which the train originally started, or if the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were examined or, in the case of their having been examined more than once, from the place where the tickets were last examined.

(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 railway servant appointed by the railway administration 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.

(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, or ³⁷[Taka five], whichever is greater:

Provided that where the passenger has immediately after incurring the charge and before being detected by the railway servant notified to the railway servant 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 ³⁸[multiple of ten poisha, or Taka one], whichever is greater:

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, any railway servant appointed by the railway administration in this behalf may apply to any 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 railway administration.

³⁹[113A. Any person who, without having obtained the permission of the Railway servant, travels or attempts to travel in a carriage without 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 railway servant authorised by the railway administration in this behalf or by any other person whom such railway servant 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 preclude 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 only between the hours of 6 a.m. and 6 p.m.]

114. If a person sells or attempts to sell, or parts or attempts to part with the possession of, any half of a return ticket in order to enable any other person to travel therewith, or purchase such half of a return ticket, he shall be punished with fine which may extend to fifty Taka, and, if the purchaser of such half of a return ticket travels or attempts to travel therewith, he shall be punished with an additional fine which may extend to the amount of the single fare for the journey authorised by the ticket.

115. 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 railway administration before any portion of the fine is credited to the Government.

116. If a passenger wilfully alters or defaces his pass or ticket so as to render the date, number or any material portion thereof illegible, he shall be punished with fine which may extend to fifty Taka.

117. (1) If a person suffering from an infectious or contagious disorder enters or travels upon the 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 travelled thereon, shall be punished with fine which may extend to twenty Taka, 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 railway servant.

(2) If any such railway servant as is referred to in section 71, sub-section (2), knowing that a person is suffering from any infectious or contagious disorder, wilfully permits the person to travel upon the railway without arranging for his separation from other passengers, he shall be punished with fine which may extend to one hundred Taka.

118. (1) If a passenger enters 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 railway administration 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 twenty Taka.

(2) If a passenger, after being warned by the railway servant to desist, persists in travelling 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 fifty Taka and may be removed from the railway by any railway servant.

119. If a male person, knowing a carriage, compartment, room or other place to be reserved by the railway administration for the exclusive use of females, enters the place without lawful excuse, or, having entered it, remains therein after having been desired by any railway servant to leave it, he shall be punished with fine which may extend to one hundred Taka, 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 railway servant.

120. If a person in any railway carriage or upon any part of the 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) wilfully and without lawful excuse interferes with the comfort of any passenger or extinguishes any lamp, he shall be punished with fine which may extend to fifty Taka 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 railway servant.

121. If a person wilfully obstructs or impedes any railway servant in the discharge of his duty, he shall be punished with fine which may extend to one hundred Taka.

122. (1) If a person unlawfully enters upon the railway, he shall be punished with fine which may extend to twenty Taka.

(2) If a person so entering refuses to leave the railway on being requested to do so by any railway servant, or by any other person on behalf of the railway administration, he shall be punished with fine which may extend to fifty Taka, and may be removed from the railway by such servant or other person.

123. If a driver or conductor of a tramcar, omnibus, carriage, or other vehicle while upon the premises of the railway disobeys the reasonable directions of any railway servant or police-officer, he shall be punished with fine which may extend to twenty Taka.

124. 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 the 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 with fine which may extend to fifty Taka.

125. (1) The owner or person in charge of any cattle straying on the railway provided with fences suitable for the exclusion of cattle shall be punished with fine which may extend to five Taka 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.

(2) If any cattle are wilfully 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 railway administration, the owner of the cattle shall be punished with fine which may extend to ten Taka 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.

(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.

(4) The expression “public road” in section 11 and 26 of the Cattle-trespass Act, 1871, shall be deemed to include the railway, and any railway servant may 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 Cattle-trespass Act, 1871.

126. 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

(e) does or causes to be done or attempts to do any other act or thing in relation to any railway,

with intent, or with knowledge that he is likely, to endanger the safety of any person travelling or being upon the railway, he shall be punished with transportation for life or with imprisonment for a term which may extend to ten years.

127. If a person unlawfully throws or causes to fall or strike at, against, into or upon any rolling-stock forming part of a train any 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 rolling-stock or in or upon any other rolling-stock forming part of the same train, he shall be punished with transportation for life or with imprisonment for a term which may extend to ten years.

128. If a person, by any unlawful act or by any wilful 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. 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 the railway, he shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

130.(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 ⁴⁰[Penal Code], to have committed an offence, and the Court convicting him may, if it thinks fit, direct that the minor, if a male, shall be punished with whipping, or may 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 fine 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 Taka.

⁴¹[130A. Notwithstanding anything contained in any law for the time being in force, any railway servant, not being below the rank of Head Watchman, and authorised in this behalf by the railway administration, 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 railway administration, and is suspected of removing such property without authority.]

131. (1) If a person commits any offence mentioned in section 100,101,119,120,121,126,127,128 or 129 or in section 130, sub-section (1), he may be arrested without warrant or other written authority by any railway servant 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 commit him for trial.

132. (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 railway servant or police-officer, or any other person whom such railway servant 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 ⁴²[Code of Criminal Procedure, 1898,] shall, so far as may be, apply to bail given and bonds executed under this section.

133. No Magistrate other than a Magistrate whose powers are not less than those of a Magistrate of the second class shall try any offence under this Act.

134. (1) Any person committing any offence against this Act or any rule thereunder shall be triable for such offence in any place in which he may be or which the Government may notify 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 official Gazette, and copy thereof shall be exhibited for the information of the public in some conspicuous place at each of such railway stations as the Government may direct.

135. 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 the railway and from the railway administrations in aid of the funds of local authorities, namely:-

(1) The railway administration shall not be liable to pay any tax in aid of the funds of any local authority unless the Government has, by notification in the official Gazette, declared the railway administration to be liable to pay the tax.

(2) While a notification of the 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 Government may, having regard to all the circumstances of the case, from time to time determine to be fair and reasonable.

(3) The 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 the 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 ⁴³[General Clauses Act, 1897], and includes any authority legally entitled to or entrusted with the control or management of any fund for the maintenance of watchmen or for the conservancy of a river.

136. (1) None of the rolling-stock, machinery, plant, tools, fittings, materials or effects used or provided by the railway administration 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 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 Government.

(2) Nothing in sub-section (1) is to be construed as affecting the authority of any Court to attach the earnings of the railway in execution of a decree or order.

137. Sub-sections (1) and (2) [Omitted by section 2 of the Railway (Amendment) Act, 1956, (Act No. XXIII of 1956).]

(3) The railway servant 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 railway administration in this behalf, engage in trade.

138. If the railway servant 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 railway administration, or to a person appointed by the railway administration in this behalf, any station, dwelling-house, office or other building with its appurtenances, or any books, papers or other matters, belonging to the railway administration and in the possession or custody of such railway servant at the occurrence of any such event as aforesaid, any Magistrate of the first class may, on application made by or on behalf of the railway administration, 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 railway a person appointed by the railway administration in that behalf.

139. [Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.]

140. Any notice or other document required or authorised by this Act to be served on the railway administration may be served, on the Manager-

(a) by delivering the notice or other document to the Manager; or

(b) by leaving it at his office; or

(c) by forwarding it by post in a prepaid letter addressed to the Manager at his office and registered under Part III of the ⁴⁴[Post Office Act, 1898].

141. Any notice or other document required or authorised by this Act to be served on any person by the railway administration 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 Part III of the ⁴⁵[Post Office Act, 1898].

142. 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. (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 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 official Gazette, it shall, besides being so published, be further notified to persons affected thereby in such manner as the authority making, cancelling, rescinding or varying the rule, by general or special order, directs.

144. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

145. (1) The Manager of the railway administration,

may, by instrument in writing, authorise any railway servant 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 to conduct prosecutions on behalf of the railway administration shall, notwithstanding anything in section 495 of the ⁴⁶[Code of Criminal Procedure, 1898,] be entitled to conduct such prosecutions without the permission of the Magistrate.

146. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

⁴⁷[147. The Government may, by notification in the official Gazette, exempt the railway from the operation of any of the provisions of the Act.]

148. (1) For the purposes of section 3, clauses (5), (6) and (7), and sections 4 to 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, 144, 145, and 147, the word the railway, whether it occurs alone or as a prefix to another word, has reference to the railway or portion of the railway under construction and to the railway or portion of the railway not used for the public carriage of passengers, animals or goods as well as to the 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 138, the expression “the railway servant” includes a person employed upon the railway in connection with the service thereof by a person fulfilling a contract with the railway administration.

149. [Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).]

150. [Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).]