Military Traffic PDF

Chapter 11: - MILITARY TRAFFIC Following military warrant, concession forms and certificates are issued to Military, Air force and Navy personnel’s. Warrants Concession forms Certificates IAFT 1707 IAFT 1709A IAFY 1953...

Chapter 11: - MILITARY TRAFFIC Following military warrant, concession forms and certificates are issued to Military, Air force and Navy personnel’s. Warrants Concession forms Certificates IAFT 1707 IAFT 1709A IAFY 1953 IAFT 1707A IAFT 1719 IAFY 1954 IAFT 1752 IAFT 1720/1720A INF 3 IAFT 1728 IN 461 IAFT 1732 IAFT 1736 Military Concession Orders IAFT 1709A – This concession form is issued to military personnel’s and for their family members travelling on leave at their own expense. It is also known as D form. Ticket is issued after collecting 60% fare in cash and rest 40% fare is debited to Defence ministry. Free allowance per passenger is 40 kg. Guard certificate is not issued. If passenger is detected travelling with unexchanged warrant, he will be charged as travelling without ticket. IAFT 1719 - This concession form is issued to cadets of the National Defence Academy / Air Force College / Naval Training Institute or ships. 50 % fare is collected in cash and remaining 50 % is debited to Defence Ministry. Free allowance per passenger is 40 kg. Guard certificate is not issued. If passenger is detected travelling with unexchanged warrant, he will be charged as travelling without ticket. IAFT 1720 / 1720 A - This concession form is issued to JCO / WO and other Officers and soldiers. 50% fare is collected in cash and remaining 50% is debited to Defence Ministry. Free allowance per passenger is 40 kg. Guard certificate is issued. If passenger is detected travelling with unexchanged warrant, he will be charged as travelling without ticket. IAFT 1728 - This concession form is issued to retired soldiers proceeding to attend Regimental re- unions. Return journey ticket is issued after collecting single journey fare. Free allowance will be granted as per class. Guard certificate is issued. If passenger is detected travelling with un-exchanged warrant, following action will be initiated - 1. If detected during outward journey – Full fare of single journey + Excess charge upto the point of detection. Free EFR will be issued for return journey. 191  2. If detected during return journey – Full fare of single journey + Equivalent Excess charge. IAFT 1732 - This concession form is issued to members of the military nursing services including matrons of military family hospitals. 50% fare is collected in cash and remaining 50% is debited to Defence Ministry. Free allowance per passenger is 40 kg. Guard certificate is issued. IAFT 1736 - This concession form is issued to soldiers participating in various sports events. 50% fare is collected in cash and remaining 50% is debited to Defence Ministry. Free allowance will be granted as per class. Guard certificate is issued. If passenger is detected travelling with un-exchanged warrant, 50% of fare for entire distance will be collected as excess fare and fare up to the point of detection will be collected as excess charge. Military certificate IAFY 1953 - It is issued to Territorial Army Personnel / Army Reservists when called up for duty. Ticket will be issued free of cost. Free allowance will be granted as per class. Guard certificate is issued. If passenger is detected travelling with un- exchanged warrant, he will be charged as travelling without ticket. IAFY 1954 - It is issued to Territorial Army Personnel on being called up for training. Ticket will be issued free of cost. Free allowance will be granted as per class. Guard certificate is issued. If passenger is detected travelling with un-exchanged warrant, he will be charged as travelling without ticket. INF 3 - It is issued to Fleet Reservists of Navy on being called up for duty. Ticket will be issued free of cost. Free allowance will be granted as per class. Guard certificate is issued. If passenger is detected travelling with un-exchanged warrant, he will be charged as travelling without ticket. IN 461 - It is issued to Fleet Reservists of Navy on being called up for training. Ticket will be issued free of cost. Free allowance will be granted as per class. Guard certificate is issued. If passenger is detected travelling with un-exchanged warrant, he will be charged as travelling without ticket. 192 Chapter-12: IMPORTANT SECTIONS OF RAILWAY ACT 1989 (w.ef.01.07.90) _______________________________________________________________________ In this act,there are 16 chapters and 200 sections, Section 49:Exhibition of time table and fare table at stations. Section 50: Issue of tickets on payment of fare. Section 51: Ticket shall be issued subject to condition of availability of accommodation in the train/class. If the passenger is compelled to travel in lower class due to non-availability of accommodation, refund of difference of fare between two classes will be granted. Section 52: If a ticket is presented for cancellation, Railway administration shall cancel the ticket and grant refund as per rules. Section 53: Transfer of tickets is not permitted. But authorised railway employee may permit change of name on reserved tickets as per rules. Section 54: Every passenger shall present / surrender his pass or ticket on demand by authorised railway servant for examination during journey or at the end of the journey. Section 55/1: No person shall enter in any carriage of a Railway without proper pass or ticket or permission from authorised railway servant. Section 55/2: If a passenger is unable to purchase a ticket, he may be issued a certificate to commence journey without ticket by authorised railway servant, which is known as guard certificate, on condition that he subsequently pays the fare when demanded. Section 56: A person suffering from infectious disease is not permitted to enter Railway premises or travel by Rail without permission of authorised railway servant. Section 57: Railway administration shall fix the maximum number of passengers to be carried in each coach and exhibit the same inside or outside the coach in Hindi, English, and regional languages. Section 58: Railway administration shall earmark one compartment or adequate no of berths in every train for exclusive use of females. Apart from this one unreserved 193 coach is also earmarked for ladies in passenger trains, in which only lady passengers and children aged less than 12 years can travel with them. Section 59: In every passenger train Railway Administration shall provide means of communication between Railway employees and passengers – Alarm Chain. If these means are being misused they may be disconnected by Railway Administration. Section 60: Railway Administration has been empowered by Central Government to frame rules on various issues, - refund of fare on cancellation of tickets. Section 67: No person can bring dangerous or offensive goods to railway premises without permission. Advance intimation should be given to station manager for booking of dangerous or offensive goods. Section 137: Fraudulently travelling or attempting to travel without proper pass or ticket – penalty up to Rs.1000/- or imprisonment up to 6 months or both, minimum penalty shall be Rs. 500/-. Section 138: If a passenger is detected travelling without ticket, then excess fare along with excess charge will be collected up to the point of detection. If detected travelling in higher class on a lower class ticket or detected travelling beyond authorised distance, difference between payable and paid fare along with excess charges will be collected up to the point of detention. In case of non-payment - imprisonment up to one month (minimum 10 days). Section 139: Any person failing or refusing to pay the fare and excess charge referred to in section 138, may be removed at any station by any authorised railway servant. However a woman or child if unaccompanied by a male passenger shall not be so removed except either at the station, from where he/she commences his/her journey or at a junction or a terminal station or at the headquarters of a civil district and such removed shall be made only during the day. Section 141: Misuse of Alarm Chain - punishable with imprisonment up to one year, or with fine up to Rs.1000/-. Punishment shall not be less than fine of Rs.500 /- in 194 case of conviction for first offence, and imprisonment for three months in case of conviction for second and subsequent offence. Section 142/1- If any person sells or attempts to sell any reserved ticket or season ticket to any other passenger, he shall be punishable with imprisonment up to 3 months or with fine up to to Rs. 500/- or both, and forfeiture of the ticket. Section 142/2- If any person is found purchasing any ticket in the above manner, he shall be punishable with imprisonment up to 3 months or fine up to Rs. 500/- or both. The ticket shall be forfeited and he shall be deemed to be travelling without ticket. Section 143 - If any person carries on the business of procuring and supplying ticket, he shall be punishable with imprisonment up to 3 years or with fine up to Rs.10,000/- or both and tickets will be forfeited. Section 144 – If any unauthorised person is found hawking or any person is found begging, he shall be punishable with imprisonment up to 1 year or with fine up to Rs.2000/- or both. Section 145 - If any person is found in railway premises in a state of intoxication, or commits any act of indecency (nuisance), or uses abusive language, or interferes with any amenity provided by railway, he shall be punishable with imprisonment upto 6 months or fine up to Rs.500 /- or both. Section 145B: If a person is found littering in railway premises, he may be penalized with an amount not exceeding Rs.500/-. Section 146 – If any person obstructs any railway servant in the discharge of his duties, he shall be punishable with imprisonment up to 6 months or fine up to Rs.1000 /- or both. Section 147 - If any person enters railway premises without lawful authority, he shall be punishable with imprisonment up to 6 months or fine up to Rs.1000 /- or both. 195 Section 155 (1) – If any unreserved ticket holder passenger enters a reserved compartment or unauthorised occupies berth of any other passenger, he shall be punishable with fine up to Rs.500 /- and he will be removed from there. Section 155 (2): If any passenger resists the lawful entry of other passengers into an unreserved compartment, he shall be punishable with fine up to Rs.200. Section 156 : If any passengers / person is found travelling on roof, steps or on an engine even after being warned by a Railway servant, he shall be punishable with imprisonment up to 3 months or fine up to Rs.500 /- or both Section 157: If any passenger wilfully alters or defaces his pass or ticket, he shall be punishable with imprisonment up to 3 months or fine up to Rs. 500 /- or both. Section 162:If any male passenger is detected travelling in coaches reserved exclusively for ladies, he shall be punishable with fine up to Rs. 500 /-, forfeiture of ticket and will be removed from there. Section 164:If any person takes with him dangerous or explosive goods into rail premises without prior permission, he shall be punishable with imprisonment up to 3 years or fine up to Rs.1000/- or both. Section 166 : If any person damages or tears boards, posters or documents affixed on stations / rolling stock or obliterates any letters or figures written on them, he shall be punishable with imprisonment up to 01 month or fine up to Rs. 500 /- or both. Section 167:Smoking is prohibited in Railway premises / Railway coaches, if any person is found smoking, he shall bepunishable with fine up to Rs.200/-. Section 172- :If any Railway servant is found in a state of intoxication while on duty,he shall bepunishable with fine upto Rs.500/-, if such state of intoxication of employee is likely to endanger safety of passengers, then he shall be punishable with imprisonment upto 01 year or fine or both. Section 175: If any Railway servant, when on duty, endangers the safety of any person, he shall be punishable with imprisonment upto 02 years or fine upto Rs.1000/- or both. 196  Section 179: If any person commits any cognizable offence mentioned under section 137 to 139, 141 to 147, 155 to 157, 162, 164, 166, 167, 172 and 175 may be arrested without warrant, but should be produced before Magistrate within 24 hours. Section 180 : If any person commits any non-cognizable offence under sections other than mentioned under section 179 or is liable to pay any excess charge or other sum demanded under section 138, fails or refuses to give his name and address or is likely to abscond, may be arrested without warrant, but should be produced before Magistrate within 24 hours. Liability of Railway Administration for death and injury to passengers due to accidents Section 123 – Definitions 1) Accident – means an accident of the nature described in section 124. 2) Untoward Accident – means any accident of the nature described in section 124 3).A.Dependent means – i. Husband, wife, son, daughter and in case the deceased passenger is unmarried or is a minor, his parent. ii. Parent, minor brother or unmarried sister, widowed sister, widowed daughter- in-law, minor child of a pre-deceased son, if dependent wholly or partly on the deceased passenger. iii. Minor child of a pre-deceased daughter, if wholly dependent on the deceased passenger. iv. Paternal grandparents wholly dependent on the deceased passenger. Section 124 - When in the course of Railway working, an accident occurs such as – collision between 2 trains or derailment of a train or any other accident, resulting in death of any passenger or injury to any passenger or loss to goods / luggage of any passenger, Railway Administration is liable to pay compensation at prescribed rates, whether or not there has been any wrongful act or neglect on its part. Note – Passenger includes Railway servants on duty. Section 124 A – If any passenger gets injured or dies during journey or in station premises due to terrorist activities, robbery, dacoity or riots, such incident will be treated as ‘untoward incident’. Accidental fall from any train is also included in it. Railway Administration is liable to pay compensation at prescribed rates to passengers who die or get injured in such untoward incidents, whether or not there 197 has been any wrongful act or neglect on its part. But compensation shall not be payable in following circumstances – 1. Suicide or attempted suicide by him, 2. Self-inflicted injury, 3. His own criminal act, 4. Any act committed by him in a state of intoxication or insanity, 5. Any natural cause or disease, medical or surgical treatment unless such treatment becomes necessary due to that accident. “Passenger” includes the following – a. Railway servant on duty, b. A person who has purchased a valid ticket or platform ticket. Section 125 – Application for compensation – An application for compensation under section 124 may be made by the following– 1. By the person who has sustained the injury or suffered any loss, 2. By an agent authorized by such person, 3. If such person is a minor, by his guardian, 4. In case of death – by any dependent, where dependent is a minor, by his guardian. Every application by a dependent for compensation shall be for the benefit of every other dependent. Section 126 – Interim relief by Railway Administration – Where a person who has applied for compensation under section125 desires to be paid interim relief, he shall apply to the Railway Administration enclosing a copy of the original application. If Railway Administration is satisfied with circumstances of applicant, he may be given interim relief. Amount of interim relief should not exceed the amount of compensation payable. A copy of order of interim relief shall be sent to RCT. Amount of interim relief shall be adjusted in the amount of Compensation. Section 127 – The rates of compensation payable in respect of any injury or any loss of goods shall be determined by RCT. Section 128 – The right of any person to claim compensation under section 124 shall not affect his right to recover compensation payable under Workmen’s Compensation Act, 1923. But no person shall be entitled to claim compensation more than once in respect of the same accident. It shall also not affect the right of any person from receiving any sum under any insurance policy or any other contract or scheme. 198 Section 129 – The central Government may, by notification, make rules regarding this chapter. In particular such rules may provide for – a. Compensation payable for death, b. Nature of injuries for which compensation shall be paid and the amount of such compensation. Ex-gratia –(Section 124) Bonafide passengers involved in train accidents & In case of accidents at manned level crossings shall be paid ex- gratia relief as under - 1. Death – Rs. 5,00,000/- 2. Serious Injury - Rs. 250,000/- 3. Normal injury - Rs. 50,000/- untoward incidents-(section 124A) In case of (124A), prima facie Railway is responsible for ex-gratia amount will be as under – 1. Death – Rs.1,50,000/- 2. Serious Injury - Rs. 50,000/- 3. Simple injury - Rs. 5000/- Ex- gratia payments should also be made to railway servants killed or injured by moving train while performing their duty, e.g. – Gangman working on train run over accidentally by a moving train. Above amount will not be included in compensation amount, exception – road users at manned level crossing. No ex-gratia payment would be admissible to trespassers, persons electrocuted by OHE and road users at unmanned level crossings. 199 Additional Ex-gratia –Additional Ex-gratia relief incase of hospitalization of grievously injured passenger beyond 30days- Incaseof Train Accident In case of Untoward incidence Rs. 3000/- per day to be released at the a) Rs. 1500/- per day to be released at the end of every 10 days periods or the date of end of every 10 days periods or the date of discharge, whichever is earlier discharge, whichever is earlier up to further 6 months of hospitalization b) Thereafter Rs. 750/- per day to be released at the end of every 10 days periods or the date of discharge, whichever is earlier up to further 5 months of hospitalization. Note – The maximum period for which ex-gratia is payable in the grievously injured passenger will be 12 months. 200