Manner of Investigation of Untoward Incidents
Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003 [G.S.R. 646(E) dated 08.08.2003] further amended by Railway Passengers (Manner of Investigation of Untoward Incidents) Amendment Rules, 2007 [G.S.R. 540(E) dated 09.08.2007] DUTIES OF RUNNING STAFF OF TRAIN 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. Duties of Station Superintendent, Guard, Conductor and Train Ticket Examiner incharge of the Train.- (1) If an untoward incident occurs at the station, the concerned Station Superintendent shall immediately arrange for medical assistance to the injured passengers and report such incident within twenty-four hours of the occurrence to the Divisional Security Commissioner in Form-1. (2) If an untoward incident occurs in the mid-section, the Guard of the concerned train shall inform the Station Superintendent of the nearest station who shall perform the duties referred to in sub-rule (1) above. (3) In case the Guard is injured in an untoward incident, the Conductor of the concerned train shall inform the Station Superintendent of the nearest station who shall perform the duties referred to in sub-rule (1) above. (4) In case both the Guard and the Conductor are injured in an untoward incident, the Train Ticket Examiner incharge shall inform the Station Superintendent of the nearest station who shall perform the duties referred to in sub-rule (1) above. (5) If an untoward incident occurs in mid-section, in the absence of officers mentioned in sub-rules (2), (3) and (4), the Station Superintendent, if it comes to his notice, shall perform the duties referred to in sub-rule (1) above. ****** Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003 [G.S.R. 646(E) dated 08.08.2003] further amended by Railway Passengers (Manner of Investigation of Untoward Incidents) Amendment Rules, 2007 [G.S.R. 540(E) dated 09.08.2007] DUTIES OF STATION SUPERINTENDENT : The Station Superintendent, on receipt of an information about the occurrence of untoward incident under rule 3, shall,- i) make necessary entries to this effect in the station diary; ii) arrange for medical assistance to the injured passengers; 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 Divisional Security Commissioner of the Force. ******* Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003 [G.S.R. 646(E) dated 08.08.2003] further amended by Railway Passengers (Manner of Investigation of Untoward Incidents) Amendment Rules, 2007 [G.S.R. 540(E) dated 09.08.2007] DUTIES OF FORCE STAFF : Conducting of investigation and submission of report by the Force - (1) On receipt of information from station superintendent (rule 6), an officer of the Force, 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 a copy of the report from station superintendent (specified under clause (iii) of rule 6); 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, shall complete the investigation within sixty days and submit a report to the Divisional Security Commissioner (authority specified under sub-rule (2) of rule 10). (3) The Divisional Security Commissioner shall submit the report to Divisional Railway Manager within fifteen days of the receipt of report of investigation from officer of the force. ******** Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003 [G.S.R. 646(E) dated 08.08.2003] further amended by Railway Passengers (Manner of Investigation of Untoward Incidents) Amendment Rules, 2007 [G.S.R. 540(E) dated 09.08.2007] DUTIES OF POLICE STAFF : 1. Conducting of investigation and submission of report by the Police - (1) The Police on receipt of the report from station superintendent (as per 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) above, 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. 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 passenger may submit all the relevant evidence before the police and assist the police and the force to complete investigation. 2. 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. ******** Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003 [G.S.R. 646(E) dated 08.08.2003] further amended by Railway Passengers (Manner of Investigation of Untoward Incidents) Amendment Rules, 2007 [G.S.R. 540(E) dated 09.08.2007] DUTIES OF DRM : Action on the Report by the Divisional Railway Manager.- (1) The Divisional Railway Manager, on receipt of the report, mentioned in sub rule (3) of rule 10 shall examine the same within fifteen days. (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 the 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. 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. Sending report to Claim Office - (1) The investigation report along with acceptance of Divisional Railway Manager thereon shall be sent within fifteen days to the administrative in-charge of the Claim Office of the Zonal Railway where the incident has occurred. *********** Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003 [G.S.R. 646(E) dated 08.08.2003] further amended by Railway Passengers (Manner of Investigation of Untoward Incidents) Amendment Rules, 2007 [G.S.R. 540(E) dated 09.08.2007] DUTIES OF CCO OFFICE : The administrative in-charge of Claim Office of the Zonal Railway who has received the notice of claim for that particular incident shall arrange to collect the report from the claim office of Railway where the incident has occurred and submit the same to the concerned Bench of the Railway Claims Tribunal along with the Written Statement. ***********