Railways Act, 1989 · Chapter IX: Carriage of Goods
Section 73: Punitive charge for overloading a wagon
Where a person loads goods in a wagon beyond its permissible carrying capacity as exhibited under sub-section (2) or sub-section (3), or notified under sub-section (4), of section 72, a railway administration may, in addition to the freight and other charges, recover from the consignor, the consignee or the endorsee, as the case may be, charges by way of penalty at such rates, as may be prescribed, before the delivery of the goods:
Provided that it shall be lawful for the railway administration to unload the goods loaded beyond the capacity of the wagon, if detected at the forwarding station or at any place before the destination station and to recover the cost of such unloading and any charge for the detention of any wagon on this account.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 14 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 73
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Union of India v. M/s Kamakhya Transport Pvt. Ltd. Etc. Etc.
Whether the Courts below had rightly held that the Railway authorities could not have raised the demand notice after the delivery of goods.
- Narmada Bachao Andolan v. State of Madhya Pradesh & Anr.
- Jagjit Cotton Textile Mills v. Chief Commercial Superintendent N.R. and Ors.