RAILWAYS ORDINANCE

Arrangement of Sections

1. Short title.

2. Appointment of General Manager and other officers and clerks.

2A. Change of name of Ceylon Government Railway, C.G.R., Ceylon Railways to Sri Lanka Railways, S.L.R., Sri Lanka Railways in this Ordinance and in any written law.

3. Rules.

4. Rules to be laid before Parliament.

4A. Operation of rules relating to charges fur conveyance of passengers and goods.

5. Fares to be prepaid. Passenger tickets to be given up on demand.

6. Fare to be accepted conditionally.

7. Penalties for certain offences.

8. Enforcing payment of fare by passenger not producing ticket.

9. Fine for entering carriage in motion or riding on the step.

10. Smoking and chewing of betel prohibited.

11. Persons afflicted with smallpox or other contagious disease not allowed to travel.

12. Penalty for intoxication or nuisance.

13. Penalty for entering private room or carriage.

13A. Penalty for occupying seats clergy.

14. Fine for riding on engine or luggage van.

15. Liability for goods lost, destroyed or injured.

16. Notification of claims to compensation for loss or to refunds of overcharges.

17. Goods accepted conditionally.

18. Carriage of goods of a dangerous nature.

19. Written account of goods to be given on demand.

20. Penalty for giving no account or false account.

21. Remedy for non-payment carriage of goods.

22. Examination of articles from overseas received by the railway at Talaimannar for the purpose of customs duty.

23. Penalty for removing stakes or pegs, or declaim marks.

24. Penalty for damage, willful or negligent.

25. Penalty for removing documents or notices.

26. Obstructing engine or carriages or endangering safety of passengers.

27. Penalty for willful act or omission endangering passenger.

28. Penalty for rash or negligent act.

29. Penalty for a drunkenness or breach of duty by railway officials.

30. Breach of rules.

31. Penalty for trespass.

31A. Penalty for unlawfully making official inscription on property of the Sri Lanka Railways.

31B. Penalty for altering, defacing, obliterating, of official inscription with intent to conceal any article belonging to Sri Lanka Railways.

31C. Penalty for receiving, possessing or keeping, selling, or delivering without lawful excuse any article bearing official inscription.

31D. Certificate of the Sri Lanka Railways Authority or authorised officer to be evidence of ownership of property.

32. Precaution if the railway cross a road.

33. "Minor Crossing”.

34. "Occupation Crossings”.

34A. Power of railway official to enter upon any land and cut down trees.

35. Penalty for driving an animal upon or across the railway.

36. Liability of owner of trespassing animals.

37. Rules for the construction of the Ordinance.

38. Apprehension of offenders.

39. Jurisdiction of Magistrates.

40. Cases may be tried before Magistrates Courts, though otherwise beyond their jurisdiction.

41. Punishment of children for breach of Ordinance.

42. A copy and translation of Ordinance to be exhibited at railway stations.

43. Rebate to be granted on freight.

44. Interpretation.

SCHEDULE

9 of 1902,

1 of 1903,

2 of 1904,

4 of 1914,

6 of 1915,

16 of 1922,

10 of 1925,

1 of 1932,

5 of 1932,

17 of 1937,

8 of 1939,

33 of 1941,

29 of 1942,

23 of 1943,

15 of 1944,

18 of 1950,

41 of 1961,

7 of 1966,

20 of 1971,

49 of 1983,

25 of 1986,

60 of 1993,

12 of 2005.

AN ORDINANCE relating to the Ceylon Railways.*

[Date of Commencement: 15th October, 1902]

1. Short title.

This Ordinance may be cited as the Railways Ordinance.

2. Appointment of General Manager and other officers and clerks.

(1) There may be appointed—

(a) any person by name or by office to be or to act as General Manager; and

(b) such other officers and clerks as may be necessary for the purposes of this Ordinance.

(2) The General Manager may generally or specially authorise any officer appointed under paragraph (b) of subsection (1) to exercise any power or perform any duty conferred or imposed by this Ordinance on the General Manager.

2A. Change of name of Ceylon Government Railway, C.G.R., Ceylon Railways to Sri Lanka Railways, S.L.R., Sri Lanka Railways in this Ordinance and in any written law.

From and after the date of the coming into operation of this section—

(1) in every context in which the expression "Ceylon Government Railway” or its abbreviated form "C.G.R.” or the expression "Ceylon Railways'' is mentioned in this Ordinance or in any written law or in any notice, communication, form or other document issued, made, required or authorised by or under any written law, there shall be substituted the expression "Sri Lanka Railways” or its abbreviated form "S.L.R.” for the expression "Sri Lanka Railways”, as the case may be;

(2) any article bearing the letters it S.L.R. (hereinafter referred to as "the official inscription”) in the English language only or in the English language and its equivalent in the Sinhala and Tamil languages or only in its equivalent in the Sinhala and Tamil languages shall be presumed to be the property of the Sri Lanka Railways; and

(3) any article which bears the letters "C.G.R.” which was the official inscription prior to the 13th day of December, 1983, shall for all purposes be presumed to be the property of the Sri Lanka Railways.

[S 2A ins by s 2 of Act 49 of 1983.]

3. Rules.

The Minister may, from time to time, make (and when made, revoke, or add to, or alter) rules regarding the conveyance of passengers, passengers' luggage, parcels, H, C, and D traffic, goods, livestock, and all and every article, animal, person or thing to be conveyed by railway, the classification of goods, the goods that are to be charged for at special rates, the charges to be made for the conveyance of passengers and goods by the railway, the matters in this Ordinance stated or required to be prescribed, and all other matters not specially enacted by this Ordinance, which may be necessary to provide for the management and due and profitable working of the railway:

Provided that the General Manager may, in any case where he considers it expedient to do so, reduce the rates of the charges for the conveyance by railway of any passengers, passengers' luggage, parcels, goods, or livestock-

(a) by an amount not exceeding forty per centum of those rates, or

(b) with the prior approval of the Minister, by any other amount;

Provided, further, that no rule regarding charges for the conveyance of passengers and goods shall be made without the concurrence of the Minister in charge of the subject of Finance.

[S 3 Am by s 2 of Act 20 of 1971.]

4. Rules to be laid before Parliament.

All such rules, excepting rules relating to the charges to be made for the conveyance of passengers and goods by railway and the goods that are to be charged at special rates, shall be laid before if Parliament is in session within one month of being made, and if not in session within one month of the commencement of the session next ensuing, and in either case they shall be on the table during four sittings at least of Parliament, and any rule which has been disapproved by resolution of Parliament shall cease to have any force or effect.

4A. Operation of rules relating to charges fur conveyance of passengers and goods.

Rules made by the Minister relating to the charges for the conveyance of passengers and goods by the railway shall be published in the Gazette and shall come into operation on such date as may be specified therein.

[Ins by Sec 4 of Act 20 of 1971]

5. Fares to be prepaid. Passenger tickets to be given up on demand.

No person shall enter any carriage used on the railway, for the purpose of travelling therein, without having a pass or having first paid his fare and obtained a ticket. Every person desirous of travelling on the railway shall, upon payment of his fare, be furnished with a ticket specifying the class of carriage for, and the station from, and the station to, which the fare has been paid, and shall, when required, show his ticket to any railway official duly authorised to examine the same, and shall deliver up such ticket upon demand to any of the railway officials duly authorised to collect tickets. Any person not producing or delivering up his ticket as aforesaid shall be liable to pay the fare from the place whence the train originally started, unless he can prove that he has travelled a less distance, in which case he shall be liable to pay the fare only from the place whence he has travelled.

6. Fare to be accepted conditionally.

The fare paid for the conveyance of passengers shall be deemed to be accepted only upon condition that there be room in the train. In case there shall not be room for all the passengers, those passengers who shall have obtained tickets for the longest distance shall have the preference, and those who shall have obtained tickets for the same distance shall have the preference according to class and to the order in which they shall have received their tickets:

Provided that all officers and troops of the State on duty, and other persons travelling on the business of The Sri Lanka Railways Authority, shall be entitled to be conveyed on the railway in preference to, or in priority over, the public, without reference to the distance for which, or the order in which, they shall have received their tickets.

7. Penalties for certain offences.

Any person who—

(a) travels or attempts to travel upon the railway without having previously paid his fare or with a ticket which is out of date, or rides in or upon a carriage of a higher class than that for which he has paid his fare, or continues his journey in or upon any carriage beyond the station for which he has paid his fare without having previously either paid the fare for the additional distance or obtained the sanction of the guard of the train; or

(b) refuses or fails to show his ticket, when required to do so, to any railway official duly authorised to examine tickets; or

(c) refuses or fails to deliver his ticket, upon demand, to any railway official duly authorised to collect tickets; or

(d) otherwise than in the capacity and in the discharge of the duties of a railway official authorised to sell tickets, sells or transfers or attempts to sell or transfer any ticket in order to enable any other person to travel therewith upon the railway; or

(e) travels upon the railway with any ticket sold or transferred in the manner referred to in the foregoing paragraph (d); or

(f) knowingly and willfully refuses or neglects, on arriving at the station to which he has paid his fare, to quit the station and railway premises; or

(g) in any manner whatsoever attempts to evade the payment of his fare,

shall be guilty of an offence and shall on conviction be liable to a fine not less than one thousand rupees and not exceeding one thousand five hundred rupees or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment:

[S 7 am by First Schedule of Act of 12 of 2005.]

Provided, however, that no prosecution shall be instituted or maintained against any person in respect of any offence under the foregoing paragraph (a) if such person pays to a station master, or to a railway official duly authorized to receive such payments, a penalty of a prescribed amount together with twice his fare or twice the additional or excess fare due from him, as the case may be.

8. Enforcing payment of fare by passenger not producing ticket.

If any person shall fail to pay on demand any sum due for fares not prepaid, or for excess fares for overriding, or riding with a ticket out of date, or in a higher class of carriage than that for which he shall have paid his fare, or for the occupation of sleeping berths, or any other special accommodation provided for the use of passengers, it shall be lawful for The Sri Lanka Railways Authority to detain all or any part of such person's luggage until the claim be satisfied, or, if the same shall have been removed from the premises appertaining to the railway, any other property of such person which shall then be on the railway premises or shall thereafter come into such Manager's possession; and, after reasonable notice to such person, to sell by public auction so much of such property as such Manager shall think fit, and out of the proceeds realised by such sale to retain any sum due as aforesaid, and all charges and expenses of such detention and sale, and to return the balance, if any, of the money arising by such sale and such of the property as shall remain unsold to the person entitled thereto, or The Sri Lanka Railways Authority may recover any such sum by action at law,

9. Fine for entering carriage in motion or riding on the step.

Any person who shall get into or upon, or attempt to get into or upon, or shall quit or attempt to quit, any vehicle upon the railway while such vehicle is in motion; or who shall assist or cause any person to enter or quit any vehicle upon the railway while such vehicle is in motion, or who shall ride or attempt to ride upon the railway on the steps or any other part of a vehicle except on those parts which are intended for the accommodation of passengers, shall be guilty of an offence, and liable to a fine not exceeding twenty rupees for each such offence.

10. Smoking and chewing of betel prohibited.

If any person shall smoke, or shall chew betel, bhang, tobacco, opium, or other like substance, to the annoyance of any other person, passenger, or official: or shall commit a nuisance by expectorating either on the premises or in or upon any of the carriages belonging to the railway, except in places which may be specially provided for the purpose, or shall deface or injure by smearing with chunam or any other substance any railway building, carriage, or other property, he shall be guilty of an offence, and liable to a fine not exceeding twenty rupees for each such offence; and if any person persist in infringing this regulation after being warned to desist by any of the railway officials or passengers, such person, in addition to incurring the liability above mentioned, may be removed by any such official from any such carriage and from the premises appertaining to the railway, and shall forfeit his fare.

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