The Railway Claims Tribunal Act,1987 (Bare Act)/ Universal Law Publishing

Contributor(s): Universal Law PublishingMaterial type: TextTextPublication details: New Delhi: Universal Law Publishing, 2010Description: 53 pSubject(s): Bare ActDDC classification: 342.54
Contents:
THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 Introduction CHAPTER I PRELIMINARY Sections 1. Short title, extent and commencement 2. Definitions CHAPTER II ESTABLISHMENT OF RAILWAY CLAIMS TRIBUNAL AND BENCHES THEREOF 3. Establishment of Railway Claims Tribunal 4. Composition of Claims Tribunal and Benches thereof 5. Qualifications for appointment as Chairman, Vice-Chairman or other Member 6. Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances 7. Term of office 8. Resignation and removal 9. Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members 10. Provision as to the holding of offices by Chairman, Vice-Chairman etc., on ceasing to be such Chairman or Vice-Chairman, etc. 11. Financial and administrative powers of Chairman 12. Staff of Claims Tribunal CHAPTER III JURISDICTION, POWERS AND AUTHORITY OF CLAIMS TRIBUNAL 13. Jurisdiction, powers and authority of Claims Tribunal 14. Distribution of business amongst Benches 15. Bar of jurisdiction CHAPTER IV PROCEDURE 16. Application to Claims Tribunal ^ 17. Limitation ; 18. Procedure and powers of Claims Tribunal 19. Right to legal representation and presenting officers 20. Power of Chairman to transfer cases from one Bench to another . 21. Decision to be by majority . • 22. Execution of orders of Claims Tribunal • ' , CHAPTER V APPEALS 23. Appeals CHAPTER VI MISCELLANEOUS 24. Transfer of pending cases 25. Proceedings before Claims Tribunal to be judicial proceedit^ 26. Members and staff of Claims Tribunal to be public servants 27. Protection of action taken in good faith 28. Act to have overriding effect 29. Power to remove difficulties 30. Power to make rules 30A. Power to make rules retrospectively CHAPTER VII AMENDMENTS TO THE RAILWAYS ACT 31. Amendment of section 3 32. Amendment of section 78A^ 33. Substitution of new section for section 80 - j 34. Omission of sections 82B, 82D and 82F 35. Amendment of section 82C 36. Amendment of sections 82E, 82G and 82HH 37. Amendment of section 82-1 38. Amendment of section 82J ■14 THE RAILWAY CLAIMS TRIBUNAL (PROCEDURE) RULES, 1989 Rules 1. Short title and commencement . . 2. Definitions 3. Territorial jurisdiction of Benches 4. Language of the Claims Tribunal 5. Procedure for filing applications 6. Application fees for cases other than compensation for death or injury to passengers 7. Documents to accompany the application 8. Place of filing application for compensation in accident or untoward incident claim • 9. Place of filing application for compensation for loss, damage, destruction deterioration or non-delivery of goods or animals ■ 10. Place of filing application for refund of fare and freight IDA. 11. Scrutiny of applications HA. Maintenance of Cash Register 12. Notice to opposite party 13. Service of notices and processes issued by the Tribunal 14. Filing of affidavit 15. Filing of reply and other documents by the respondents 15A. Filing of rejoinder 15B. Admission and denial of documents 20 15C. Marking of documents 20 16. Summary dismissal of application 20 17. Hearing of applications 20 17A. Oath to the witness 20 18. Action on application for applicant's default 20 19. Ex parle hearing and disposal of applications 20 20. Procedure and powers of Tribunal 21 21. Framing and determination of issue 21 22. Summoning of witnesses and method of recording evidence 21 22A. Documents not to forV» part of records 22 23. Power to issue commission 22 24. Procedure in cormected cases * 22 25. Calendar of transferred cases * 22 26. Substitution of legal representatives 22 27. Assessors " 23 28. Adjournment of hearing . 23 29. Costs / ; 23 30. Decision of the Tribunal 23 31. Order to be passed and signed 23 31 A. Execution'of order 23 31B. Application for execution 24 31C. Issue of process of execution 24 32. Review of decision 24 33. Publication of orders 24 34. Certified copy of the order and inspection of recorcf. 24 35. Orders or directions by the Tribunal 24 36. Registration of legal practitioner's clerks 25 37. Powers, functions and duties of the Registrar 25 38. Working hours of the Tribunal 26 39. Sitting hours of the Tribunal >26 40. Seal and emblem 26 41. [Omitted] 26 42. Headquarters of the Tribunal 26 43. Preservation of record 26 44. Inherent powers of the Tribunal 27 45. Monthly progress report of Tribunal 27 46. Maintenance of order sheets 27 47. Maintenance of Court Diary 27 48. Preparation and publication of daily cause list 27 49. Retention, preservation and destruction of records 27 FORM I.— Application under section 16 of the Act in respect of claims for compensation for loss; destruction damage, deterioration or non-delivery of animals or goods . . . 27 , FORM n.— Application under section 16 of the Act in respect of Claims for Compensation arising out of Accident to a Train . . . 29 40 40 41 FORM III.— Application under section 16 of the Act in respect of Claims for Refund of Freight or Part thereof or for Refund of any . Freight paid in respect of Animals pr Goods entrusted to a . Railway Administration to be carried by Railway 32 FORM TV.— Receipt slip FORM V.— Application for the registration of a clerk 35 FORM VI.— Form of cash register 3^ FORM VII.—Notice to the opposite party 36 FORM VIII.—Form of affidavit 37 FORM IX.— Application for execution of order 38 FORM X.— Notice to respondent about the date fixed for hearing in execution application 39 FORM XI.— Warrant of attachment of movable property in execution of order of the tribunal FORM XII.—Warrant to recover payment in execution of an order FORM Xm.—Identity Card No FORM xrv.— PART I.— Institution and disposal of total cases of the Tribunal during the month of. • ' ^ PART n.— Institution and disposal of railway accident cases for the month of. PART in.— Institution and disposal of untoward incidents cases for the month of. • '^3 FORM XV.—Order sheet • FORM XVI.—Railway Claims Tribunal Bench . 43 FORM XVn.—Cause List of Railway Claims Tribunal . 44 SCHEDULE I.— [The number of Benches, Headquarter and territorial jurisdiction of each Bench—See rule 3(i)] ■ 44 SCHEDULE 1(A).—[The number of Benches. Headquarter and territorial jurisdiction of each Bench—See rule 3(i)] ■ 45 SCHEDULE //.—Application fee THE RAILWAY ACCIDENTS AND UNTOWARD INCIDENTS {COMPENSATION) RULES, 1990 PRELIMINARY 1. Short title and commencement 2. Definitions CLAIMS FOR COMPENSATION 3. Amount of compensation 4. Limit of compensation SCHEDULE.—Compensation Payable for Death and Injuries THE RAILWAY CLAIMS TRIBUNAL (PROCEDURE FOR INVESTIGATION OF MISBEHAVIOUR OR INCAPACITY OF THE CHAIRMAN, VICE-CHAIRMAN AND MEMBERS) RULES, 1991 1. Short title and commencement 2. Definitions 3. Judge to conduct inquiry . . 51 4. Powers of Judge . . . 51 THE RAILWAY CLAIMS TRIBUNAL (FINANCIAL AND ADMINISTRATIVE POWERS) RULES, 1989 1. Short title and commencement 53 2. 53 3. Sitting of a Bench at a place other than the place where it ordinarily sits 53 4. Powers of Chairman 53 SCHEDULE
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Item type Current library Call number Status Date due Barcode Item holds
Bare Acts and Legal Education Series Bare Acts and Legal Education Series Central Library, Sikkim University
General Book Section
342.54 UNI/R (Browse shelf(Opens below)) Not for loan P12506
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THE RAILWAY CLAIMS TRIBUNAL ACT, 1987
Introduction
CHAPTER I
PRELIMINARY
Sections
1. Short title, extent and commencement
2. Definitions
CHAPTER II
ESTABLISHMENT OF RAILWAY CLAIMS TRIBUNAL
AND BENCHES THEREOF 3. Establishment of Railway Claims Tribunal 4. Composition of Claims Tribunal and Benches thereof
5. Qualifications for appointment as Chairman, Vice-Chairman or
other Member 6. Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances
7. Term of office
8. Resignation and removal
9. Salaries and allowances and other terms and conditions of
service of Chairman, Vice-Chairman and other Members 10. Provision as to the holding of offices by Chairman, Vice-Chairman etc., on ceasing to be such Chairman or Vice-Chairman, etc. 11. Financial and administrative powers of Chairman
12. Staff of Claims Tribunal
CHAPTER III
JURISDICTION, POWERS AND AUTHORITY OF
CLAIMS TRIBUNAL 13. Jurisdiction, powers and authority of Claims Tribunal 14. Distribution of business amongst Benches
15. Bar of jurisdiction
CHAPTER IV
PROCEDURE 16. Application to Claims Tribunal ^
17. Limitation ;
18. Procedure and powers of Claims Tribunal 19. Right to legal representation and presenting officers
20. Power of Chairman to transfer cases from one Bench to another . 21. Decision to be by majority . •
22. Execution of orders of Claims Tribunal
• ' , CHAPTER V
APPEALS
23. Appeals

CHAPTER VI
MISCELLANEOUS
24. Transfer of pending cases 25. Proceedings before Claims Tribunal to be judicial proceedit^ 26. Members and staff of Claims Tribunal to be public servants 27. Protection of action taken in good faith 28. Act to have overriding effect
29. Power to remove difficulties
30. Power to make rules
30A. Power to make rules retrospectively
CHAPTER VII
AMENDMENTS TO THE RAILWAYS ACT
31. Amendment of section 3 32. Amendment of section 78A^ 33. Substitution of new section for section 80 - j
34. Omission of sections 82B, 82D and 82F
35. Amendment of section 82C
36. Amendment of sections 82E, 82G and 82HH
37. Amendment of section 82-1
38. Amendment of section 82J

■14
THE RAILWAY CLAIMS TRIBUNAL (PROCEDURE) RULES, 1989
Rules 1. Short title and commencement . . 2. Definitions 3. Territorial jurisdiction of Benches 4. Language of the Claims Tribunal 5. Procedure for filing applications 6. Application fees for cases other than compensation for death or injury to passengers 7. Documents to accompany the application 8. Place of filing application for compensation in accident or untoward incident claim • 9. Place of filing application for compensation for loss, damage, destruction deterioration or non-delivery of goods or animals ■ 10. Place of filing application for refund of fare and freight IDA. 11. Scrutiny of applications HA. Maintenance of Cash Register 12. Notice to opposite party 13. Service of notices and processes issued by the Tribunal 14. Filing of affidavit 15. Filing of reply and other documents by the respondents 15A. Filing of rejoinder

15B. Admission and denial of documents 20 15C. Marking of documents 20 16. Summary dismissal of application 20 17. Hearing of applications 20 17A. Oath to the witness 20 18. Action on application for applicant's default 20 19. Ex parle hearing and disposal of applications 20 20. Procedure and powers of Tribunal 21 21. Framing and determination of issue 21 22. Summoning of witnesses and method of recording evidence 21 22A. Documents not to forV» part of records 22
23. Power to issue commission 22
24. Procedure in cormected cases * 22
25. Calendar of transferred cases * 22 26. Substitution of legal representatives 22
27. Assessors " 23 28. Adjournment of hearing . 23 29. Costs / ; 23 30. Decision of the Tribunal 23 31. Order to be passed and signed 23
31 A. Execution'of order 23 31B. Application for execution 24 31C. Issue of process of execution 24
32. Review of decision 24
33. Publication of orders 24 34. Certified copy of the order and inspection of recorcf. 24 35. Orders or directions by the Tribunal 24 36. Registration of legal practitioner's clerks 25 37. Powers, functions and duties of the Registrar 25 38. Working hours of the Tribunal 26 39. Sitting hours of the Tribunal >26
40. Seal and emblem 26 41. [Omitted] 26 42. Headquarters of the Tribunal 26
43. Preservation of record 26 44. Inherent powers of the Tribunal 27 45. Monthly progress report of Tribunal 27
46. Maintenance of order sheets 27 47. Maintenance of Court Diary 27 48. Preparation and publication of daily cause list 27 49. Retention, preservation and destruction of records 27 FORM I.— Application under section 16 of the Act in respect of claims for compensation for loss; destruction damage, deterioration or non-delivery of animals or goods . . . 27 , FORM n.— Application under section 16 of the Act in respect of Claims for Compensation arising out of Accident to a Train . . . 29
40
40
41
FORM III.— Application under section 16 of the Act in respect of Claims for Refund of Freight or Part thereof or for Refund of any . Freight paid in respect of Animals pr Goods entrusted to a . Railway Administration to be carried by Railway 32 FORM TV.— Receipt slip FORM V.— Application for the registration of a clerk 35 FORM VI.— Form of cash register 3^ FORM VII.—Notice to the opposite party 36 FORM VIII.—Form of affidavit 37 FORM IX.— Application for execution of order 38 FORM X.— Notice to respondent about the date fixed for hearing in execution application 39 FORM XI.— Warrant of attachment of movable property in execution of order of the tribunal FORM XII.—Warrant to recover payment in execution of an order FORM Xm.—Identity Card No
FORM xrv.— PART I.— Institution and disposal of total cases of the Tribunal during the month of. • ' ^ PART n.— Institution and disposal of railway accident cases for the month of. PART in.— Institution and disposal of untoward incidents cases for the month of. • '^3
FORM XV.—Order sheet • FORM XVI.—Railway Claims Tribunal Bench . 43 FORM XVn.—Cause List of Railway Claims Tribunal . 44 SCHEDULE I.— [The number of Benches, Headquarter and territorial jurisdiction of each Bench—See rule 3(i)] ■ 44 SCHEDULE 1(A).—[The number of Benches. Headquarter and territorial jurisdiction of each Bench—See rule 3(i)] ■ 45 SCHEDULE //.—Application fee
THE RAILWAY ACCIDENTS AND UNTOWARD INCIDENTS {COMPENSATION) RULES, 1990
PRELIMINARY
1. Short title and commencement
2. Definitions
CLAIMS FOR COMPENSATION
3. Amount of compensation 4. Limit of compensation SCHEDULE.—Compensation Payable for Death and Injuries
THE RAILWAY CLAIMS TRIBUNAL (PROCEDURE FOR INVESTIGATION OF MISBEHAVIOUR OR INCAPACITY OF THE CHAIRMAN, VICE-CHAIRMAN AND MEMBERS) RULES, 1991
1. Short title and commencement
2. Definitions
3. Judge to conduct inquiry . . 51 4. Powers of Judge . . . 51
THE RAILWAY CLAIMS TRIBUNAL (FINANCIAL AND ADMINISTRATIVE POWERS) RULES, 1989
1. Short title and commencement 53
2. 53
3. Sitting of a Bench at a place other than the place where it ordinarily sits 53
4. Powers of Chairman 53
SCHEDULE

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