East Coast Railway...(b) Powers for settling claim for compensation. Sl. No. Designation Monetary powers 1 General Manager Unlimited 2 Chief Commercial Manager in Higher Administrative

EAST COAST RAILWAY, BHUBANESWAR

COMMERCIAL DEPARTMENT

GENERAL INFORMATION

Commercial Department looks after the management of marketing and sale of the

transport provided by Railway and is headed by Chief Commercial Manager at Zonal

Headquarters, who is accountable to General Manager for efficient working of the

Department.

(i) Organization and functions.

Zonal Headquarter:

Divisions:

ACM

DCM

SAMBALPUR

ACM ACM

DCM

SR.DCM

WALTAIR

ACM-I ACM-II ACM-III

DCM

SR.DCM

KHURDA ROAD

CCM

CTM (Passenger Reservation &

Catering)

CCM(FS) (Freight Marketing &

Service

CCM(PMS) (Passenger Marketing &

Service

SCM(G) SCM(FS) Presenting Officer Dy.CCO SCM(PS) ACM(PM) ACM(C

atg)

ACM(Claims) ACM(HQ)

Briefly the function of Commercial Department consists of the following:-

(1) Passenger Marketing & Service : Booking and reservation, PRS & UTS, Ticket

checking, Retiring Room & dormitories, Catering, STD Booths, Book stalls,

Parking contracts, License Porters, Passenger amenities, Passenger Halt and

any other matter relating to booking and service of passengers.

(2) Parcel & Luggage : Booking and delivery, Leasing of SLRs/VPs and other

matter relating to parcel and luggage traffic.

(3) Freight Marketing & Service : Booking and delivery of goods traffic,

weighment of goods and over-loading punitive charge, wharfage, Commercial

management of Railway sidings, Commercial plots, Claims & Refunds and any

other matter related to booking and delivery of goods traffic.

(4) Commercial publicity.

(ii) Powers and duties:

(a) The Powers of Commercial Officers to waive Demurrage or wharfage charges

are as follows.

Sl.

No.

Designation of officer Maximum amount of

demurrage per wagon

which can be considered

by an officer

Maximum amount of

wharfage per

consignment which can

be considered by an

officer

1 General Manager Full powers Full powers

2 Chief Commercial Manager (Co-

ordinating Head of Department in

Commercial Department

Rs 1,00,000/- Rs 1,00,000/-

3 Divisional Railway Manager Rs 25,000/- Rs 25,000/-

4 Senior Divisional Commercial

Manager/ Divisional Commercial

Manager working as Branch Officer

Rs 6,000/- Rs 6,000/-

5 Divisional Commercial Manager/

Area Officer in Senior scale

Rs 1,200/-

6 Assistant Commercial Manager/

Area Officer in Junior scale

Rs 300/- Rs 300/-

* Railway Board authority no. TC-I/2004/201/9 dtd 11.10.2004.

(b) Powers for settling claim for compensation.

Sl.

No.

Designation Monetary powers

1 General Manager Unlimited

2 Chief Commercial Manager in Higher Administrative

Grade or Co-ordinating Head of Deptt.

Rs 4,00,000/-

3 Chief Claims Officer Rs 2,00,000/-

4 Deputy Chief Claims Officer Rs 60,000/-

5 Senior Commercial Manager Rs 15,000/-

6 Assistant Commercial Manager Rs 8000/-

Note: The above powers are also applicable in settlement of accident claim cases.

* Railway Board authority no. 99/TC-III/3/2 dtd 23.5.2001.

(c ) MONETARY POWER OF DIFFERENT LEVEL OF COMMERCIAL OFFICERS FOR GRANT OF

REFUND OF FARES ON TICKETS.

Within tariff rules.

Sl. No. Designation Monetary powers

1 General Manager/Additional General Manager /

Chief Commercial Manager

Full

2 Deputy Chief Commercial Manager Rs 10,000/-


4 Assistant Commercial Manager Rs 3,000/-

Not covered by tariff rules.

Sl.

No.

Designation Monetary powers

1 General Manager/Additional General Manager /

Chief Commercial Manager

Full

2 Deputy Chief Commercial Manager Rs 10,000/-


4 Assistant Commercial Manager Rs 750/-

* Railway Board authority no. TC-II/2003/89/Rules dtd 22.7.1994.

(d) Powers regarding settlement of time barred claims for compensation.


1 General Manager Full power

* Railway Board authority no. 94/TC-III/3/1 dtd 12.10.1994.

(e) Delegation of powers regarding settlement of suit barred cases.


1 General Manager Full power

2 Chief Commercial Manager Up to Rs 50,000/-

3 Chief Claims Officer Up to Rs 25,000/-

4 Deputy Chief Commercial Manager(Claims) Up to Rs3,000/-

* Railway Board authority no. TC-III/3264/71 dtd 22.10.71 &.

(f) Amount of ex-gratia relief for train accident/untoward incident

(1) The amount paid as ex-gratia relief payable to the dependants of dead or injured

passengers involved in train accidents or untoward incidents as defined under Sections 124

and 124-A of the Railways Act, 1989 should be as under:

(i) In case of death Rs 15,000/-

(ii) In case of grievous injury (irrespective of the period Rs 5,000/-

of hospitalization.

(iii) In case of simple injuries Rs 500/-

*Railway Board letter no. 93/TC-III/122/1/ex-parte dtd 21.8.1995.

(2) Amount of ex-gratia relief for manned level crossing gate accidents.

The amount of ex-gratia relief admissible to road-users who meet with an accident

due to Railway‟s prima facie liability at manned level crossing gate accidents will be as

under:-

i) In case of death Rs 6,000/-

ii) In case of grievous injury Rs 2,500/-

iii)In case of simple injury Nil

*Railway Board letter no. 93/TC-III/122/1/ex-gratia dtd 18.11.1999.

(3) Ex-gratia relief for trespassers, persons electrocuted by OHE and road users at

unmanned level crossing.

No ex-gratia payment would be admissible to the trespassers; persons electrocuted by OHE

and road users at unmanned level crossings.


(4) Ex-gratia payment for railway servants killed or injured by a moving train while

performing their duty.

Ex-gratia payment should also be made to railway servants killed or injured by a moving

train while performing their duty for example, Gangman working on track run over

accidentally by a moving train. The amount of ex-gratia will be same as paid to other

persons as mentioned above.


(5) Manner of arranging payment of ex-gratia to the victims.

Payment should be sanctioned/managed preferably on the spot by a senior scale or higher

officer nominated by the General Manager after making such enquiries as can be reasonable

made on the spot after the immediate needs by way of medical attendance etc. to injured

persons are attended to.


(iii) The procedure followed in the decision making process, including channels of

supervision and accountability.

Decision making process starts with a note sheet initiated either by Assistant

Commercial Manager or Senior Commercial Manager or by Divisional Commercial Manager

in case of a division and moves upwards till decision is made by the competent authority, as

per the merit of the case.

(iv) The norms set by it for the discharge of its functions.

The norms set by the East Coast Railway with regard to passenger services is on the

lines of citizen‟s charter on passenger services of Indian Railways which is as follows:-

PREAMBLE:-

This charter is a commitment of Indian Railways administration to

Provide safe and dependable train services

Set notified standards or various services wherever possible.

Ensure adequate passenger amenities in trains and at Railway Stations.

Provide courteous and efficient counter services and

Set up a responsible and effective Grievance Redressal Machinery at various

levels and time bound resolution of complaints and grievances as far as possible.

RESERVATIONS:

Provision of computerized reservation facilities at all stations with a workload

of 100 reservation related transactions.

Opening adequate no of counters to reduce waiting time.

BOOKING:-

Opening of ticket booking counters with adequate working hours to facilitate

issue of tickets to the public. The working hours will be clearly displayed at the counters.

REFUNDS:-

As far as possible, refunds would be made across the counter, provided the

ticket is surrendered within the specified time limit. Such refunds can be obtained at the

computerized counters of any station provided it is linked with the ticket issuing station and

the ticket is presented within the prescribed limit.

* In case of failure of air-conditioning equipment, difference of fare between

air-conditioned and non-air-conditioned class of travel for the portion traveled without air-

conditioning shall be refunded for which a certificate may be obtained from Guard/TTE.

* Station Masters of certain important stations/reservation offices have been

granted special discretionary powers to grant refund on used tickets issued from their

stations where refund is not admissible at the station due to expiry of the time limits

prescribed in the rules. The list of stations, where this facility is available, is published in

the respective Zonal Railway Time Table.

* In case where refund is not permissible across the counter, the Railway

Administration shall provide with a Ticket Deposit Receipt. Refund as admissible in such

cases will ordinarily be settled within 90 days of the submission of the claim.

LOST, TORN OR MUTILATED TICKETS

* No claim for refund is entertained by Indian Railways in case of lost or

misplaced tickets.

* Refund of fare will be granted in respect of a torn or mutilated ticket if the

authenticity is verifiable on the basis of the particulars visible on the face of the ticket.

* If the ticket is confirmed/RAC the Railways may permit travel on the same

ticket on payment of charges fixed from time to time.

CONCESSIONS

* Handy pamphlets in local languages containing details of different types of

concessions which passengers are eligible for and other relevant passengers information will

be made available at book stalls and Railway counters on payment of nominal charges.

SPECIAL TRAINS

* Information will be given in advance through media for special trains on

special occasions.

ENQUIRY AND INFORMATION

* Railway timetable provide information for different trains. Computerised

Interactive Voice Response System is also available at important stations.

* The position of running of trains through NTES (National Train Enquiry

System), which is updated regularly is available at important stations. This information is

also available through Auto Announcement, Public Address system at important station and

also on telephone and across the Enquiry Counters.

CATERING

* Indian Railways shall provide catering services through mobile and static

units.

CLEANLINESS

* Every effort shall be made to keep railway premises clean and hygienic with

provision of safaiwalas. Pay and use toilets are also available at certain stations.

PASSENGER AMENITIES

* Basic facilities like booking arrangements, waiting hall, benches, lighting,

drinking water, platform, urinals, shady trees shall be available at the all the regular

stations. On board a train, lighting and fans, cushioned berths, toilets, reservation charts

and destination board will be available. TTEs/Conductors, etc. shall also be available to

attend to complaints/grievances.

PUBLIC GRIEVANCES

* Railway administration would ordinarily reply to the complainant within 90

days where detailed enquiries are not required to be made and within 120 days in case of

complaints where detailed enquiries are warranted.

THEFT OF LUGGAGE

* A prescribed FIR form is available in the Time Table or with TTE/Guards or

GRP escort. After filling it in, the form may be handed over to one of the officials viz. TTE,

Guard, or GRP escort for registration of the report at the next Police Station.

COOPERATION FROM PASSENGERS

* Cooperation of general public is sought to maintain cleanliness, avoid

unnecessary chain pulling, maintain cordial relations with fellow passengers and railway

staff coming into their contact, abstain from carrying inflammable items, discourage touts.

The norms set by the East Coast Railway for parcel services are as follows:-

PARCEL

1. Concentrate on point to point parcel service between important stations.

2. Rationalize parcel booking at receiving stations. Close parcel booking from

stations with limited parcel traffic.

3. Strengthen organizational arrangement for promoting and developing parcel

traffic.

4. Parcel service by nominated trains between major commercial centers with

premium rates for movement of documents, business samples, urgent

consignments etc.

5. Special parcel trains for seasonal traffic with guaranteed transit time.

6. Refrigerated parcel vans for perishables between fixed points with regular traffic.

The norms set by the East Coast Railway for freight business are as follows.

FREIGHT

1. Create capacity for freight traffic ahead of demand.

2. Concentrate on bulk movement and container traffic.

3. Reduce transit time.

4. Improve reliability of service.

5. Improvement in customer service and customer information system.

6. Extended unit train operation.

7. Special purpose wagons with maching terminal facilities for bulk commodities.

8. Network of Inland Container Depots and Container Freight Stations with facilities

for handling ISO containers.

9. Extension of freight forwarder system to cover piecemeal wagon load traffic and

container traffic.

10. Wagon pools for industrial customers for closed circuit guaranteed movement of

semi-finished and finished goods.

(v) The rules, regulations, instructions, manuals and records, held by it or under

its control or used by its employees for discharging the functions.

(a) The list of code, manual & tariffs are:-

1. Indian Railway Code for Traffic (Commercial) Department.

2. Commercial Manual Vol-I

3. Commercial Manual Vol-II

4. Coaching Tariff part-I, Vol-I

5. Coaching Tariff part-I, Vol-II (Concession).

6. Coaching Tariff part-I, Vol-III

7. Coaching Tariff part-II

8. Coaching Tariff part-III

9. Coaching Tariff part-IV

10. Goods Tariff part-I, Vol-I

11. Goods Tariff part-I, Vol-II

12. Red Tariff.

13. Military Tariff.

14. Alphabetical list of Railway Stations.

15. Local & junction distance table of all Railways.

16. Railway Board‟s Circulars on various subjects issued from time to time.

Statutory Rules are given in Annexures.

(vi) A Statement of the categories of documents that are held by it or under its

control.

(a) Codes, Manuals & tariffs as written above vide item (v).

(b) Circulars, rules issued by Railway Board and Headquarters from time to time which

are in addition to the guidelines covered under codes, manuals and tariffs. Statutory

circulars are given in annexures.

(c) Minutes of different formal meetings & different contractual agreements signed by

this office on behalf of Railway Administration.

(vii)The particulars of any arrangement that exists for consultation with, or

representation by, the members of the public in relation to the formation of its

policy or implementation thereof.

At the zonal level, divisional level and station level, consultative committees exist for

consultation with members of public in relation to the formulation of policy and its

implementation. From various startas of society representation are also being given to the

members of public. A brief description of such committees are given below.

(a) ZONAL RAILWAY USERS’ CONSULTATIVE COMMITTEE (ZRUCC)

PREAMBLE

With a view to secure better representation of Railway Users and afford more

frequent opportunities for consultation between Railway Administration and users on

matters relating to service provided by Railways and a means to improve the efficiency of

service, a Zonal Railway Users‟ Consultative Committee has been established at the

Headquarters of the Railway in addition to three Divisional Railway Users‟ Consultative

Committee with Headquarters at Khurda Road, Sambalpur & Waltair.

FUNCTION

1. The Zonal Railway Users‟ Consultative Committee at the Headquarters of the Railway

will represent the general Railway Users‟ of the territories or zone served by the Railway as

a whole and may consider matters relating to:

i) Such matters, from the point of view of the Zone as a whole, as outlined below:

a) Provision of amenities in the area with which the Committee is concerned.

b) Proposals regarding opening of new stations within the jurisdiction of the

committee.

c) Arrangements regarding timetables.

d) Improvement of the services and facilities provided by the Railways.

e) Any subject of general public interest or public convenience or such

matters affecting the services and facilities, which has been the subject of

representation by users.

ii) Matters arising from the reports of the Divisional Railway Users‟ Consultative Committee,

or such other matters relating to the subjects referred to at (i) above, as may be specifically

forwarded by the Divisional Railway Users‟ Consultative Committee for consideration.

iii) Matters referred for consideration and report by the administration, Ministry of Railways

or the National Railway Users‟ Consultative Council.

CONSTITUTION:-

1. Chairman- General Manager

2. Secretary-Deputy General Manager (or the officer nominated by the General

Manager)

1. The Zonal Railway Users‟ Consultative Committee at Headquarters of East Coast Railway

consists of persons appointed by the Ministry of Railways to represent the Zonal Railway

Users‟ in the territory served by the Railway, as stated below.

i) One representative each of the Government of the States served by this

Railway as recommended by such Government/Governments, i.e.,

Government‟s Orissa, Chhatisgarh & Andhra Pradesh.

ii) One member each of the State Legislature(s) recommended by the State

Government(s), i.e., Governments of Orissa, Chhatisgarh & Andhra Pradesh.

iii) Not more than 05 representatives of Principal Chambers of Commerce and

Trade Association having standing of not less than five years.

iv) Not more than two representatives, to be sent by State Government, or

Governments of Agricultural Association and other bodies not included in or

affiliated to the Chambers of Commerce etc. referred to in item (iii) above.

v) One non-official representative elected from each of three Divisional Railway

Users‟ Consultative Committee of this Railway, i.e., Khurda Road, Sambalpur

& Waltair.

vi) Two representatives of the public sector undertakings (PSU) including Ports.

vii) One Representative of Consumer Protection Voluntary Organisation.

viii) 10 Members of Parliament ( 7 from Lok Sabha & 3 from Rajya Sabha).

ix) One nominee of each Union Minister whose constituency is served by this

Railway.

x) One member to represent special interest to be nominated on the

recommendation of the General Manager.

xi) Eight members as the minister may appoint to represent the interest which

he/she consider are necessary to be represented to the committee.

xii) Tenure-2 years.

(b) DIVISIONAL RAILWAY USERS’ CONSULTATIVE COMMITTEE (DRUCC).

PREMABLE:- With a view to securing better representation of Railway Users and affording

more frequent opportunities for consultation between the Railway Administration and users

on matters relating to service provided by this Railway and as also means of improving the

efficiency of services in the different divisions.

FUNCTION:-

The Railway Users‟ Consultative Committees in Divisions represent the local users in

the territories, served by the Railway and consider matters relating to:-

a) Provision of amenities in the area with which the Committee is concerned.

b) Proposals regarding opening of new stations within the jurisdiction of the

committee.

c) Arrangements regarding Time Tables.

d) Improvement of the services and facilities provided by the Railways.

e) Any subject of general public interest or public convenience or such

matters affecting the services and facilities which has been the subject of

representation by users, or which has been referred to them for

consideration by the Zonal Railway Users‟ Consultative Committee, the

National Railway Consultative Council or by the Administration.

The DRUCC ordinarily meets three times in a year.

CONSTITUTION

1. Chairman-Divisional Railway Manager

2. Secretary-Senior Divisional Commercial Manager/Divisional Commercial Manager

1. Not more than 6 members to be appointed by the General Manager made up of

one representative each of local chambers of commerce, trade association and industries

agricultural association.

2. Two representatives of the Registered Passengers Associations in the area to be

appointed by General Manager.

3. Nine representatives of special interest not otherwise represented on the

committee. One will be nominated by the General Mananger and 8 by the Minister.

4. One member each of the legislature of the States served by the division.

5. One representative each of the Govt. of the State served by the division,

recommend by the State Governments.

6. One nominee each of the Union Minister and Members of Parliament under

Divisional Railway Users Consultative Committee within the jurisdiction of the division. No

representation will be given to the Members of Parliament.

7. One representative of Consumer Protection Association.

8. One representative from Handicapped Association.

7. Tenure - 2 years

(c )STATION CONSULTATIVE COMMITTEE (SCC)

CONSTITUTION

1. Chairman-Commercial Officer

2. Secretary-Station Manager

The broad guidelines that should be followed in the matter of constituting the Station

Consultative Committee are as under:-

1. Whenever there is a need to constitute a Station Consultative Committee at a

Station afresh in appropriate cases, it should be done with prior consultation with the

Divisional Railway Users Consultative Committee of the Division.

2. The Divisional Railway Manager of the Division is the competent authority to

approve such constitution.

3. No of members constituting the Station Consultative Committee should not

exceed ten, representing Interest Groups of the area served by the Station.

4. These committees shall consider all local problems of users in their dealings with

the railways in consultation with railway officials & will deliberate on matters of passenger

amenities, booking of parcel, budget etc.

5. General Manager‟s approval to the constitution of Station Consultative Committee

is not required.

6. Chief Commercial Manager should be appraised of the constitution of the of the

Station Consultative Committee in case of fresh constitution.

7. There is no need to consult the Divisional Railway Users Consultative Committee

in case of re-constitution of the Station Consultative Committee.

8. Tenure- 2 years.

(Viii)A statement of the boards, councils, committees and other bodies consisting

of two or more persons constituted as its part or for the purpose of its advice, and

as to whether meetings of those boards, councils committees and other bodies are

open to the public, or the minutes of such meetings are accessible for public.

Same as described in above paragraphs.

(ix)A directory of its officers and employees.

The directory of officers and employees of Commercial Department are given

below:-

Commercial Department(Headquarters)

Designation Name P&T (O) P&T (R)

Chief Commercial Manager Sri A.K.Patnaik 2300375 2303435

Chief Commercial Manager (Freight Service) Sri M.G.Sekharam 2301033

Chief Commercial Manager (Passenger

Marketing & Service)

Sri S.S. Mishra 2302196 2591634

Chief Traffic Manager Sri G.M.Tripathy 2301609 2303563

Deputy Chief Claims Officer Sri K.C.Pradhan 2535223

Presenting Officer, Railway Claims Tribunal Sri B.K.Panda 2535467

Senior Commercial Manager (Passenger

Service)

Senior Commercial Manager (Freight

Service)

Sri P.C.Sahu 2385118 2503000

Senior Commercial Manager (General) Sri M.A.Haque

Assistant Commercial Manager/HQ Sri A.K.Taldi 2311555

Assistant Commercial Manager/Catering Sri R.N.Nayak

Assistant Commercial Manager/PM T.Chandra Sekhar

Rao

Assistant Commercial Manager/Claims Sri L.R. Nanda

Commercial Department (Khurda Road)


Senior Divisional Commercial Manager Sri J.P.Mishra 2492945 2492946

Divisional Commercial Manager Sri T. Madhav Rao 2492972 2492971

Assistant Commercial Manager-I Sri G.D.Sarkar

Assistant Commercial Manager-II Sri H.P.Sarkar

Assistant Commercial Manager-III Sri A.K. Mahapatra

ENQUIRY SYSTEM

Sl.

No.

Station IVRS Enquiry

Phone No.

Station enquiry phone

no.

PRS Enquiry

1. Bhubaneswar 133 2532050, 2532233 2534042

2. Brahmapur 133 200131 2201431

3. Bhadrakh 133 30490 -

4. Jajpur Keonjhar Road - 20599 -

5. Khurda Road 132 490666 -

6. Cuttack 136 2610131 2511152

7. Palasa 133 - 43913

8. Puri 133 226717 222056

NOTE: STD Codes of different Stations:- Bhubaneswar-0674, Brahmapur-0680,

Bhadrakh-06784, Jajpur Keonjhar Road-06726, Khurda Road-0674, Cuttack-0671,

Palasa-08945, Puri-0675.

Commercial Department(Waltair)


Senior Divisional Commercial Manager Sri C.Venu Gopal 2746230 2712731

Divisional Commercial Manager Sri H.L.Luang

Assistant Commercial Manager Sri P.V.S. Rao

Assistant Commercial Manager Sri B.Ramana Rao

ENQUIRY SYSTEM

Sl.

No.

Station IVRS Enquiry Phone No. Station enquiry

phone no.

PRS

Enquiry

1. Visakhapatnam Train Enq.-131

PNR Enq.-136

134

135

2. Vizianagaram Train Enq.-131,132,133

PNR Enq.-136,137,138

Nil Nil

3. Srikhakulam Nil 286313

131

Nil

4. Rayagada Nil Auto announcing

system

130

Nil

NOTE: STD Codes of different Stations:- Visakhapatnam-0891, Srikhakulam-0894.

Commercial Department(Sambalpur)


Divisional Commercial Manager Sri J.L.Jena 2533195 2402053

Assistant Commercial Manager Sri S.N.Baskey

ENQUIRY SYSTEM

Sl.

No.

Station IVRS Enquiry

Phone No.

Station enquiry phone no. PRS Enquiry

1. Sambalpur 133 131 131, 2404731,

2405251

2. Baragarh

Road

- 233122 -

3. Balangir - 232620 -

4. Titilagarh 131 222801, 222802, 222803,

222804, 220456

-

5. Kesinga - 222040 -

6. Mahasamud - 222068 -

7. Kantabanji - 220484 -

NOTE: STD Codes of different Stations:- Sambalpur-0663, Titilagarh-06655, Kesinga-

06670, Mahasamud-07723, Kantabanji-06657.

(x) The monthly remuneration received by each of its officers and employees,

including the system of compensation as provided in its regulations.

The monthly remuneration of its officers and employees are given below:-

Officers.

Sl.

No.

Officers on roll Grade Scale of pay (Rs)

1. Chief Commercial Manager Higher Administrative Grade 22,400-24,500/-

Senior Administrative Grade 18,400-22,400

2. Chief Traffic Manager Senior Administrative Grade 18,400-22,400

3. Chief Commercial Manager

(Freight Service)/ Passenger

Marketing & Service

Senior Administrative Grade 18,400-22,400

4.

Deputy Chief Claims Officer

Selection Grade/Junior

Administrative Grade

16,300-18,300

12,000-16,500

6. Senior Commercial Manager/

Passenger Service & Freight

Service,

Presenting Officer, Railway

Claims Tribunal

Senior Scale 10,000-15,200

8. Assistant Commercial

Managers

Junior Scale

7,500-12,000

Employees.

Sl. No. Designation Scale of pay(Rs)

1. Chief Commercial Inspector 7450-11500

2. Commercial Inspector-Grade-I 6500-10500

3. Commercial Inspector-Grade-II 5500-9000

4. Commercial Inspector-Grade-III 5000-8000

5. Chief Office Superintendent 7450-11500

6. Office Superintendent-Grade-I 6500-10500

7. Office Superintendent –Grade-II 5500-9000

8. Head Clerk 5000-8000

9. Senior Clerk 4500-7000

10. Junior Clerk 3050-4590

11. Confidential Assistant 5500-9000

12. Senior Steno 5000-8000

13. Junior Steno 4000-6000

14. Senior Catering Inspector 5500-9000

15. Chief Law Assistant 7450-11500

16. Law Assistant 6500-10500

17. Claims Tracer 4000-6000

18. Senior Peon 2610-3540

19. Junior Peon 2550-3200

20. Packer 2610-3590

(xi)The budget allocated to each of its agency, including the particulars of all

plans, proposed expenditures and reports on disbursements made.

Commercial Budget (Revenue) 2006 - 07

Sl. No. Head Amount (in crores)

1. Claim Compensation 1.80

2. Passenger amenities 7.96

3. Computerisation 1.01

4. Establishment & other expenses 1.22

Total Budget 11.99

(xii) The manner of execution of subsidy programmes, including the amounts

allocated and the details of beneficiaries of such programmes.

Not applicable

(xiii) Particulars of recipients of concessions, permits or authorizations granted by

it.

The various types of concession are given below:-

RAIL TRAVEL CONCESSIONS

Railways provide travel concessions to various categories of travelers like students,

sports persons, scouts & guides, farmers, industrial workers, teachers, senior citizens,

handicapped persons, etc. For easy reference, we have drawn up a Rail Travel Concession

Table, showing details of travelers eligible for concession, amount of concession and the

conditions, if any, for availing the concession. The table is divided into two parts. “Part A‟

contains those concessions which are available directly at stations & booking/reservation

offices by producing the necessary documents. “Part B” contains those concession where

the persons should approach the designated Commercial Officers of the Railway in the Area,

Division or Zonal Railway Headquarters. After verifying the eligibility, the Officers issue

necessary authorization letter on the basis of which, the Station Managers &

Booking/Reservation offices issue concessional tickets.

If you are eligible for any of the concessions, please remember……

1. Concession is admissible on basic Mail/Express fares only and not on “Ordinary”

fares applicable to passenger trains, super fast surcharge, reservation fee and

safety surcharge.

2. All types of concessions can be availed only when tickets are purchased across the

counter at Stations & Reservation/Booking offices. No one is granted concession on

the train.

3. Availing two different types of concessions by the same person for the same journey

is not permissible.

4. The concessional ticket cannot be changed to a higher class even if you are willing to

pay the difference of fare.

5. In certain cases where concession is admissible in First Class but not ion AC-2 tier,

concession tickets for AC-2 tier can be purchased on payment of concessional fare

for First Class plus the difference of actual fare of First Calss and AC 2-tier.

6. Concession is not admissible for a journey where the cost of travel is borne by

Central/State Governments/Local Bodies/Corporations or Govt. Undertakings,

Universities, etc.

7. Some of the concessions are admissible subject to the minimum distance of journey

which have been specified in the relevant categories.

8. It may be noted that the general and broad information about availability of

concessions has been provided in the following pages, and is only indicative. This is

not a substitute for the concerned tariff books on Railway Concessions which contain

detailed information, procedure, conditions, prescribed formats and certificates

needed for availing such categories.

PART-A

Sl.

No.

Category of persons Element of

concession

Ist Class, II/SL

Class

Purpose of travel Authority required for

availing concession

1 Orthopaedically

handicapped/

paraplegic persons

who cannot travel

without an escort

75% in II, SL. I,

AC and 50% in

2AC & !AC (for

both)

Any purpose Certificate issued by a

Govt. Doctor in

prescribed proforma

2. Mentally retarded

persons who cannot

travel without escort

-do- -do- -do-

3. Blind persons traveling

alone or with an escort

-do- -do- Certificate in

prescribed proforma

issued by RMP or

Govt. Doctor or head

of the institutions for

Blind listed in IRCA

Coaching Tariff

4. Deaf and dumb

persons (both

afflictions together in

the same person)

(Escort to Deaf and

Dumb if

accompanying,

allowed same

concession).

50% 50% -do- Certificate in

prescribed proforma

issued by Govt.

Doctor.

5. Cancer patients

traveling alone or with

an escort

75% in II, SL, I,

AC CC & 3-AC and

50% in 2AC and 1

AC (for both)

On being called by

some recognized

hospital for

treatment/periodic

al check-up and

return

Certificate in

prescribed form

issued by Officer in

charge of the

concerned recognized

hospital

6. Thalassemia patients -do- -do- Certificate in


an escort.

prescribed from

issued by Officer in

charge of the


hospital.

7. Heart patients


an escort

-do- On being called by

some recognized

hospital for heart

surgery and return

-do-

8. Kidney patients


an escort

-do- On being called by

some recognized

hospital for

Dialysis/Kidney

transplant

operation and

return.

-do-

9. T.B./Lupas Valgaris

patients traveling

alone or with an escort

75% 75%

(for (for

both) both)

On being called by

some recognized

hospital for

treatment/periodic

al check up and

return

Certificate in

prescribed form

issued by Officer-in

charge of the


hospital

10. Non-infectious Leprosy

patients

75% 75% -do- -do-

11. Sr. Citizens of 60

years and above

On demand, 30%

in all classes and

fares of Rajdhani/

Shatabdi/Jan

Shatabdi trains.

Any purpose Should carry

documentary proof of

age during travel,

otherwise the

difference of fare will

be collected.

12. Recipients of

President‟s Police

Medal for

Distinguished Service,

after attaining the age

of 60 years

-do- Any purpose Photo copy of identity

card issued by the

Ministry of Home

Affiars.

13 Doctors-Allopathic 10% in all classes

and fares of

Rajdhani/Shatabdi

/Jan Shatabdi

trains.

-do- On submission of an

undertaking in

prescribed form along

with a copy of

Registration

Certificate issued by

Indian Medical

Council.

14. Industrial workers

awarded the PM‟s

Shram Award

- 75% -do- Copy of identity card

issued by the Ministry

of Labour

15. Teachers hounoured

with national award by

the President of India.


issued by District

Education Officers.

16. Either of parents

accompanying the

child Recipients of

National Bravery

Award.


issued to child by

Indian Council for

Child Welfare.

17. Widows of Defence

Personnel killed in

war.

- 75% -do- Copy of the identity

card issued by

District Sainik Boards

18. Widows of I.P.K.F.

Personnel killed in

action in Sri Lanka

- 75% -do- -do-

19. Widows of Policemen

and Paramilitary

personnel killed in

action against

Terrorists and

extremists.

- 75% -do- Copy of the identity

card issued by

concerned Supdt. Of

Police or

Dy.Comissioner of

Police.

20. Widows of Martyrs of

Operation Vijay in

Kargil in 1999

- 75% -do- Copy of photo identity

card issued by

ministry of Home

Affiars.

21. Students-(i) upto 25

years of age and (ii)

upto 27 years of age

in case of SC/ST

students.

Note: For students of

Govt. Schools situated

in rural areas, 75% in

second class (not Sl.

Class) is also available

once a year for going

on study tour in

groups of minimum

20.

- 50% (i) For going to

home town during

vacations, (ii) to

appear for exam

and (iii)

educational tours.

Concession order in

prescribe proforma

signed by head of the

concerned institution.

22. Unemployed youths

upto the age of 35

years (full concession

in second class when

traveling to attend

interviews for job in

Central/ State Govt.

Offices)

NIL 50%

100%

To appear in

interview for jobs

in PSUs, central/

State Govt.

officials, statutory

bodies,

Universities, Govt.

undertakings,

Municipal corpon.

Public sector

banks.

To appear in

interview for

selection to

Central/State Govt

jobs.

Attested copy of (1)

call letter from

concerned

organization

indicating date and

place of interview, (ii)

copy application form

submitted by the

candidate.

23.

Girl students of Govt.

Schools situated in

rural areas

-

75% in

second(

not

sleeper

class)

For appearing in

national level

entrance, exam for

medical,

engineering and

other professional

courses.

Certificate from head

of the School and

copy of Admit

Card/Call Letter

24. Press Correspondents

accredited to the

Headquarters of Govt.

of India/ State

Govts/Uts.

50% in all classes

and 30% in fares

of Rajdhani/

Shatabdi/Jan

Shatabdi Trains

Press Work On production of

Coupon Books

25. Haemophilia patients-

Severe and moderate

form

75% concession in

II, SL, ACCC, First

and AC 3 tier

On being called by

some recognized

hospital for

treatment/periodic

al check-up and

return

Certificate in

prescribed proforma

issued by Officer-in-

charge of the


hospital.

26. Kisans & Milk

Producers in parties of

minimum 20

50% in second

(not sleeper class)

(i) Kisans for

visiting national

level agricultural

institutes for

training/learning

better agriculture

practice & (ii) Milk

producers for

visiting national

level Diary

Institutes for

training/learning

better diary

farming.

Certificate from

District Magistrate or

Dy. Commissioner or

Mamlatdar or District

Agricultural Officer or

B.D.O.

27. Recipients of

Dronacharya Award of

eminent coaches.

NIL 50% None Copy of Identity Card

issued by Sports

Authority of India.

PART-B

Sl.

No.

Category of

persons

Element of concession

Ist Class II/SL

Class

Purpose of travel Authority required for

availing concession

1. Foreign students

studying in India

- 50% To attend

camps/ seminars

organized by

Govt. of India or

visit to places of

historical

importance etc.

Certificate from head

of the Educational

Institution or Indian

Council for Cultural

Relations.

2. Research scholars

up to the age of 35

years

- 50% Traveling for

research work

Certificate from the

Register of University

or director of the

public institution

3. Youths attending

National

Integration Camps

of: (a) National

Youth project (b)

Manav Uththan

Sewa Samiti

- 25% To render

voluntary service

during natural

calamities



educational, social or

cultural organization

organizing to work

camp.

4. Students artists of

National School of

Drama, New Delhi

50% 75% Travelling

beyond 300 kms

for participating

in specific

performance.

Certificate from

National School of

Drama.

5. Cadets and Marine

Engineers

apprentices

undergoing

navigational/

Engineering

training for

Mercantile Marine

- 50% For travel

beyond 300 kms

between home

and training ship

at the beginning

and end of each

term.

Authorised letter in

prescribed form from

Captain Supdt.

Trainship/Course

Director/Officer in

charge.

6. Boys Scouts and

Girl Guides in

uniform.

NIL 50% For scout or

guide duty in

groups of not

less than 4(four)

when traveling

beyond 300 kms.

Certificate from

scouter or Guider and

countersigned by

Secretary/

Commissioner

National HQ or Dist.

Commissioner of

State

7. Teachers, Masters

and Principals of

recognized primary

Secondary Schools

- 25% Traveling beyond

300 km on

Education tour


Head Masters/

Mistress, Principals,

Dist. Inspector/

Education Officer,

Sub-Divisional

Educational Officer.

8. Kisans and

Industrial

Labourers

- 25% Traveling beyond

300 kms to

country‟s river

valley projects,

agriculture/indus

trial exhibition,

agricultural

university or

Research Centres

Certificate from

DM/D.C./District

Agricultrual

Officer/BDO or

State/U.T.

Agricultural

Department/Officer of

the employing

Ministries of Govt. of

India/MD or

Personnel Officer of

industrial

undertakings or

authorized officer of

the State Govt.

concerned.

9. Studens and non-

students youth in

parties of not less

than 5 (five)

NIL 25% For taking part in

work camps

organized by

recognized

educational

social or cultural

organization or

to render

voluntary service

during natural

calamities.


concerned

organization.

10. Kissans for annual

convention Bharat

Krishak Samaj

- 50% For attending

annual

conferences

beyond 300 kms.

Certificate in

prescribed proforma

from Secretary of

Bharat Krishak Samaj

11. Students of Articles

Clerks

NIL 50% From place of

study to home

town and back

and to travel for

educational/

examination or

training

purposes.


Chartered Accountant

under whom the

Article Clerk is under

going training.

12. Nurses & mid

wives

- 25% Travelling

beyond 300 kms

on duty or leave.


institution of works or

study.

13. Members of St.

John Ambulance

Brigade and Relief

Welfare Ambulance

Corps, Kolkata.

- 25% Travel beyond

300 kms for

ambulance

camps

competitions.

Certificate from

respective Secretary/

Asst. Comm. St. John

Ambulance Brigade or

Staff Officer

organization Relief

Welfare Corps,

Kolkata.

14. Bharat Sewa Dal,

Bangalore

- 25% For travel

beyond 300 kms

to attend camps/

rallies/trekking

programmes


Secretary, Bharat

Sewa Dal, Bangalore.

15. Professional

Entertaining

Companies.

50% 75% For travel

beyond 300 kms

to participate in

specific

performance

sponsored or

approved by

Central/State

Sangaeet Natak

Academy or

Deptt. Of Youth

Affairs and

Sports Ministry

of Human

Resources

Development.

Certificate from

Sangeet Natak

Academy or Deptt. Of

Youth Affairs and

Sports Ministry of

Human Resources

Development.

16. Amateur Artists- 50% 75% For performance On production of the

certificate from the

concerned authorities

17. Sportsmen 50% 75% To participate in

All India, State

and National

Tournaments

Certificate from

Secretary of the

concerned Sports

Association and their

State Units,

Secretaries of

Olympic Association/

State Olympic

Committees, as the

case may be.

18. Recipients of

National Bravery

Award for children

on Republic day.

NIL Free upto

18 years.

None Identity cards issued

by Indian Council for

Child Welfare.

19. Students as private

candidates.

NIL 50% To appear in

University

examination or

educational

examination

conducted by

Central/State

Govt.


concerned University

or examining

authorities.

20. Professional Circus

parties.

50% 75% Traveling beyond

300 kms

participating in

performance

sponsored or

approved by

Deptt. Of Youth

Affairs and

Sports Ministry

of Human

Resource

Development.

Certificate from

Deptt. Of Youth

Affairs and Sports,

Ministry of Human

Resource

Development through

Indian Circus

Federation.

Details in respect of the information, available to or held by it, reduced in an

electronic form.

Information on concessions as well as status of claim cases registered with this

Railway are held in electronic form. Information on claims lodged by the claimant are given

in website www.claims.indianrail.gov.in.

Besides the above, information on tariff rates and various types of concession in

passenger fares are available to public on demand during working hours of the office.

The names, designations and other particulars of the Public Information Officers.

Chief Commercial Manager (PMS) is the designated Public Information Officer of

Commercial Department. The name of the present incumbent is Sri S. S. Mishra.

Such other information as may be prescribed and thereafter update these

publications every year.

**********

ANNEXURES CONTAINING STATUTORY CIRCULARS

ALLIED RULES ENACTED BY THE CENTRAL GOVERNMENT PERTAINING TO

COMMERCIAL DEPARTMENT OF INDIAN RAILWAYS.

(A)COACHING

THE RAILWAY PASSENGERS (CANCELLATION OF

OF TICKET AND REFUND OF FARE) RULES, 1998

G.S.R.410(E),dated 24th July,1998.-ln exercise of the powers conferred by sub-

section (1). read with CI. (b) of sub-section (2). of Sec. 60 of the Railways Act. 1989 (24 of

1989) and in supersession of the Railway Passengers (Cancellation of Tickets and Refund of

Fares) Rules. 1990 except as respects things done or omitted to be done before such

supersession the Central Government hereby makes the following rules. namely:-

1. Short title and commencement.- (1) These rules may be called 1 Railway

Passengers (Cancellation of Ticket and Refund of Fare) Rules. 1998.

(2) They shall come into force on the first day of October. 1998.

2. Definitions. - ln these rules. unless the context otherwise requires-

(a) "clerkage" means a charge levied by a railway administration for the clerical work

rendered by it in the refund of fares;

(b) "destination station" means the station for which the ticket has been issued;

(c) "RAC ticket" means a ticket on which a seat has been reserved against requisition

for a berth and a berth may be subsequently provided against cancellation if any;

,

(d) "fare" includes basic fare, supplementary charge on superfast trains and

reservation fee;

(e) "reserved ticket" means a journey ticket on which a berth or seat has been

reserved;

(f) "reservation fee" means the charge. in addition to the fare, levied by the Railway

administration for the reservation of a berth or seat;

(g) "station" means a railway station and includes other reservation offices or

booking offices in the same city;

(h) "station master" means a railway employee. by whatever name called having

overall charge of a railway station and includes any other railway employee

authorised to grant refund of fare at a Station;

(i) "ticket" means a single journey ticket or any of return ticket but does not include

a season ticket. an lndrail pass ticket or a special ticket for a reserved carriage or

a tourist car or saloon or a special train. .

3. Station master to refund fares.-

(I) Subject to the other provisions of these rules every refund of fare on unused unreserved

ticket shall when, such ticket is presented for refund of fare to the station master of ticket

issuing station be granted by such station master after verifying the genuineness of the

ticket from the record of the station.

(2) Subject to the other provisions of these rules. every refund of fare on reserved

tickets. RAC tickets and wait-listed tickets shall when such tickets are presented for refund

of fare to the stationmaster of ticket issuing station be granted within the time limits

prescribed in these rules. by such station master after verifying the genuineness of the

tickets through computer or from the record of the station:

Provided that.-(a) in case tickets which were issued for travel from a station other

than the ticket issuing station refund of fare shall be admissible at-

(i) the ticket issuing station if the ticket is surrendered before the scheduled departure

of the train from the station from where the ticket is valid for travel; and

(ii) the journey commencing station. if the ticket is surrendered within the time limits

prescribed in these rules, and

(b) refund of fare may also be granted by the station master of a station other than the

ticket issuing station and journey commencing station subject to the conditions that -

(i)the ticket is surrendered for refund of fare during working hours of the reservation

office and before the preparation of reservation chart of the concerned train for the

station from where the ticket is valid: and

(ii) the genuineness of the ticket and its particulars are verifiable at the refund granting

station through computer or from record of the station.

4. Levy of clerkage - Subject to the other provisions of these rules, station master

shall levy a clerkage of rupees ten per passenger for cancellation of unreserved. wait-listed

and RAC tickets.

5. Unused tickets on which no reservation has been made.- If a ticket on which

no reservation of a seat or berth has been made is presented to the station master for

cancellation within three hours after the actual departure of the train for which the ticket is

issued or for any ticket valid for the whole day within three hours after the actual departure

of the last train of the day for the destination station refund of fare shall be made on every

such ticket after deducting the clerkage.

6. Unused tickets on which reservation has been made - (1) Subject to the

provisions of these rules if a ticket on which reservation of a seat or berth has been made is

presented by the passenger or his agent to a station master for cancellation refund of fare

shall be made after deducting cancellation charge from the fare as follows:-

(a) If the ticket is presented for cancellation more than one day in advance of the

scheduled departure of the train (excluding the day of the journey), the per

passenger cancellation charge shall be deducted at a flat rate of Rupees fifty for

air-conditioned first class/executive class Rupees thirty for air-conditioned sleeper

class/air-conditioned 3-tier sleeper class/first class/air-conditioned chair car.

Rupees twenty for sleeper class and Rupees ten for second class;

(b) If the ticket is presented for cancellation within one day in advance (excluding

the day of journey) and up to four hours before the scheduled departure of the

train cancellation charge shall be twenty five per cent. of the fare subject to the

minimum flat rate mentioned in Cl. (a);

(c) If the ticket is presented for cancellation within four hours before scheduled

departure of the train and up to-

(i) three hours when the ticket is for a destination station up to two hundred

kilometres.

(ii) six hours. when the ticket is for a destination station of more than two

hundred kilometres but upto five hundred

(iii) twelve hours when the ticket is for a destination station of more than five

hundred kilometres after the actual departure of the train. cancellation

charge shall be fifty per cent. of the fare subject to the minimum flat rate

mentioned in Cl.(a):

Provided that for night train leaving between 21.00 hours and 06.00 hours (actual

departure). refund shall be admissible at the station within the time-limits specified above

or within (first four hours) after the opening of reservation office. whichever is later.

(2) No refund shall be granted at the station if the ticket is surrendered for cancellation

after the expiry of the period mentioned under Cl. (c) of sub-rule (1).

Note - In case. on a party ticket or a family ticket issued for travel of more than one person

some persons have confirmed reservation and others are on waiting list, full refund of fare,

less clerkage, shall be admissible for confirmed passengers also provided that the entire

ticket is surrendered for cancellation at the journey commencing station within four hours

before the scheduled departure of the train and up to three hours after actual departure of

the train.

7. Unused wait-listed or RAC tickets.- (1) Subject to the provisions of sub-rule (2)

no cancellation charge shall be payable if a wait-listed or RAC ticket is presented for

cancellation-

(i) up to three hours. when the ticket is for a destination station up to two hundred

kilometres.

(ii) up to six hours. when the ticket is for a destination station of more than two

hundred kilometres but up to five hundred kilometres. and

(iii) up to twelve hours when the ticket is for destination station of more than five

hundred kilometres, after the actual departure of the train except of the deduction of

the clerkage:

Provided that for night trains leaving between 21.00 hours and 06.00 hours (actual

departure), refund shall be admissible at the station within the time-limits specified above

or within [first four hours] after the opening of reservation office. whichever is later.

(2) Where confirmed reservation has been provided to RAC or wait-listed ticket

holder at any time up to the final preparation of reservation chart, such ticket shall be

treated as a reserved ticket and cancellation charge shall be payable in accordance with rule

6.

8. Cancellation charges an multiple journey tickets.-When an unused ticket

involving more than one journey is surrendered for cancellation the entire ticket shall be

treated as one single journey ticket and refund of fare of the entire ticket, irrespective of

reservation status of different laps of journeys, shall be granted as for reservation status of

different laps of journey. as under :-

(i) if reservation status of first lap of journey is confirmed, refund shall be granted in

accordance with rule 6, and

(ii) if reservation status of first lap of journey is RAC or waiting list; refund shall be

granted in accordance with rule 7.

Explanation.- The cancellation charges or clerkage shall be levied only once on the entire

amount of ticket and not separately for each lap of journey.

9. Postponement or preponement of journey on a reserved, RAC or wait-listed

ticket.-(1) Postponement of journey on reserved. RAC or wait-listed ticket shall be allowed

in same class in any other train on the same day or any subsequent day if-

(a) the ticket is presented during the working hours of the reservation office and at

least twenty-four hours before the scheduled departure of the train in which

reservation has been made: and

(b) accommodation is available in the train in which reservation is required

(2) Preponement of journey on reserved. RAC or wait -listed ticket shall be allowed in

the same class by any earlier train on the same day or any earlier day. if-

(a) the ticket is surrendered during the working hours of the reservation office

and at least six hours before the scheduled departure of the train in which

reservation is required and

(b) accommodation is available in the train in which reservation is required.

Explanation.- In case there is a difference of fares between the class of a train on

which the ticket was originally reserved and the same class of the other train on which the

postponement or preponement is provided. The change of reservation shall be made subject

to refund or recovery of the difference as the case may be

(3) Postponement or preponement of journey under sub-rule (I). Or sub-rule (2) shall be

allowed only once. without levying any cancellation charges but on payment of-

(a) fresh reservation fee. in the case of reserved ticket. and

(b) clerkage in the case of RAC and wait-listed ticket.

(4) If the ticket on which journey has been altered under sub-rule (1) or sub-rule (2). is

cancelled. cancellation charges shall be payable as follows:-

(a) cancellation charges as may be due if the original reservation had been

cancelled at the time when the postponement or preponement of reservation

was allowed. And

(b) cancellation charges due in respect of the altered reservation as if this altered

reservation is a fresh reservation.

10. Change of journey from lower class to higher class.-( 1) Charge of

reservation shall be allowed on a reserved ticket of lower class for higher class on the same

train and day or when reserved for a seat in a class for reservation of a berth in the same

class on the same train and day without levying any cancellation charges but on payment of

fresh reservation fee for higher class/berth provided that-

(i) accommodation is available. and

(ii) the request for change is made-

(a) either during the working hours of reservation office and up to six hours

before the scheduled departure of the train. or

(b) during the course of journey in the train.

(2) The change referred to under sub-rule (1) shall be allowed only once.

(3) If the ticket on which change of reservation has been allowed under sub-rule (1) is

cancelled cancellation charge shall be payable as follows. namely:-

(a) cancellation charge as would have been due if the original reservation had

been cancelled at the time when the change of reservation was allowed; and

(b) cancellation charge due in respect of the altered reservation as if the altered

reservation is a fresh reservation.

11. Non-commencement or missing of journey due to late running of trains.- (1)

No cancellation charge or clerkage shall be levied and full fare shall be refunded to all

passengers holding reserved RAC and waitiisted tickets if the journey is not undertaken due

to late running of the train by more than three hours of the Scheduled departure of the train

from the journey commencing station provided that the ticket is surrendered up to the

maximum time limits prescribed in CI. (c) of sub-rule (1) of rule 6.]

(2) Where a passenger holding a ticket with or without reservation. misses connection

for continued journey by another train at any junction station owing to late running of the

train by which he had been traveling the fare for travelled portion shall be retained and the

balance amount of ticket shall be refunded as the fare for untravelled portion without

levying any cancellation charge or clerkage. if he surrenders the ticket for such refund

within three hours of the actual arrival of the train by which he had travelled. The refund

shall be granted at the junction station.

12. Cancellation of tickets where railway administration is unable to provide

accommodation.- Where a railway administration is unable to provide accommodation for

any reason whatsoever to passengers holding reserved tickets. no cancellation charge shall

be levied and full refund of fare shall be granted to them if such tickets are surrendered for

refund within three hours from the actual departure of the train :

Provided that when the train is cancelled due to unforeseen circumstances such as

accidents. breaches and floods. the ticket is surrendered within three days excluding the

scheduled day of departure of the train.

13. Partially used tickets.-( 1) Except as provided in these rules, no refund shall be

granted at a station on a ticket on which part of the journey has been undertaken.

(2) Where a passenger terminates the journey en route a ticket deposit receipt shall be

issued to the ticket holder by the station master of the station in lieu of surrender of the

ticket and refund shall be admissible in terms of rule 21, In such cases, fare for the

travelled portion shall be retained and the balance amount of the ticket shall be refundable

as the fare for the untravelled journey. "

14. Discontinuation of journey due to dislocation of train services.-{1) When a

train journey is dislocated en route due to unforeseen circumstances. such as accidents

breaches and floods full fare for the" entire booked journey without any deduction of the

travelled portion and without levy of cancellation charge shall be refunded at the station at

which the journey is terminated under the following circumstances :- ,

(a) when the railway is unable to carry the passenger to destination station within a

reasonable time by arranging transshipment/diversion or otherwise; or

(b) when the passenger is involved in a railway accident and/or injured in the

accident and does not continue his journey; or

(c) in the case of death or injury to a passenger in a railway accident the kith and kin

of the passenger have to terminate the journey.

(2) Where the railway administration offers to carry the passenger to his destination

station by any diverted route by arranging transhipment or otherwise, and the passenger is

not willing to avail of such an alternative arrangement fare for travelled portion shall be

retained and the balance amount of ticket shall be refunded as the fare for untravelled

portion. Without levying any cancellation charges. at the station at which the journey has

been terminated.

(3) Where the train journey is dislocated enroute due to bandhs agitations or rail roko.

fare for travelled portion shall be retained and the balance amount of ticket shall be

refunded as the fare for untravelled portion. Without levying any cancellation charges

(4) If the trains, which have separate all-inclusive fare structure on point to point basis.

are terminated at a non-scheduled stoppage of the train and the passenger is not Willing to

avail of the alternative arrangement made by the railway administration to carry the

passenger to his destination station fare for the distance travelled shall be retained based

on the per kilometre fare of ticket and the balance amount shall be refunded as the fare for

untravelled portion of journey.

15. Refund of certain fare on failure to provide air-conditioning facility in air-

conditioned coaches.-(1) Where the air-conditioning facility could not be provided for a

portion of journey. refund on tickets issued for air-conditioned coaches shall be granted for

such portion on the following basis namely:-

(a) if the ticket is for air-conditioned first class the difference between the air-

conditioned first class fare and first class fare;

(b) (b) if the ticket is for air-conditioned sleeper/air- conditioned 3-tier sleeper class. the

difference between air-conditioned sleeper / air-conditioned 3-tier sleeper class fare

and sleeper class fare (Mail and Express) ;

(c) if the ticket is for air-conditioned chair car. the difference between air-conditioned

chair car fare and second class fare (Mail and Express);

(d) if the ticket is for executive class. the difference between the notified executive class

fare for the concerned section and the first class fare (Mail and Express) for the

concerned distance of that section.

(2) The refund of difference of fare under sub-rule (1) shall be granted at the destination

station on production of the ticket alongwith a certificate from the conductor or the guard or

the traveling ticket examiner of the train giving particulars of the ticket. number of the

coach and stations between which the air-conditioning facility was not provided and is

presented Within 'twenty hours of arrival of the train.

16. When passengers are made to travel in lower class for want of

accommodation.- If the ticket holder of a higher class is made to travel in a lower class for

want of accommodation in the class for which the ticket was issued. refund of the difference

between the fare paid and the fare payable or the class in which it is actually used shall be

granted at the destination station or at the originating station. as the case may be :

Provided that refund shall be granted at the destination station only production of a

certificate from the conductor or the guard or the traveling ticket examiner of the train

certifying that the holder of the ticket had to travel in a lower class for want of

accommodation in the class for which it was issued and the ticket is presented Within

twenty hours of the arrival of the train at the destination station.

17. Lost, misplaced, torn or mutilated tickets.-(1) No refund of fare in respect of a lost

or misplaced ticket shall be granted.

(2) Refund of fare shall be granted in respect of a torn or mutilated ticket if its

genuineness and authenticity are verifiable on the basis of the particulars visible on the face

of the ticket.

(3) (i) If the reservation status of a lost. misplaced. torn or mutilated ticket. at the time

of receipt of the application for issuance of a duplicate ticket for the purpose of undertaking

journey is reserved or RAC and that the duplicate ticket is sought before preparation of

reservation chart of the concerned train. the station master shall issue a duplicate ticket in

lieu of the original ticket on collection of charges at the following rates. namely:-

(a) Twenty-five per cent. of the total fare in the case of ticket for journey up to five

hundred kilometres;

(b) Ten per cent. of the total fare. in the case of ticket for journey more than five

hundred kilometres subject to a minimum recovery of twenty-five per cent. of

total charges for reserved or RAC ticket of five hundred kilometres; and

(c) Twenty-five per cent of total fare irrespective of distance for tickets of trains

which have separate all-inclusive fare structure.

(ii) If a duplicate ticket in lieu of a lost or misplaced reserved ticket is sought after

preparation of reservation charge of the concerned train. It shall be issued on collection of a

charge equivalent to fifty per cent of the total fare. Duplicate tickets shall, however, not be

issued in respect of RAC tickets after preparation of reservation chart of the concerned

train.

(iii) If a duplicate ticket in lieu of a torn or mutilated reserved or RAC ticket is sought

after preparation of reservation chart of the concerned train, it shall be issued on

collection of a charge equivalent to twenty-five per cent of the total fare.

(iv) A duplicate ticket in respect of a party coach ticket or a special train ticket, shall be

issued up to the time of departure of the train on collection of a charge equivalent to

ten per cent of the total fare.

(4) (i) No refund shall be granted in respect of charges collected under sub-rule (3) except

in cases where the lost or misplaced ticket is traced after the issuance of a duplicate ticket

and presented alongwith the duplicate ticket before departure of the train.

(ii)The charges collected towards the issuance of duplicate ticket shall; be refunded after

deducting five per cent, thereof subject to a minimum .deduction of rupees twenty. In case

the journey is also not undertaken. The cancellation charges on the original ticket shall be

determined as provided under these rules.

(iii) If the passenger, who has paid excess charges in the train on account of his reserved

ticket or RAC ticket being lost, misplaced. torn or ; mutilated. makes an application to a

railway administration for grant of refund of the charges paid in train. the Chief Commercial

Manager. (Refunds) of that Railway administration may after making such enquiry as he

may deem necessary, grant refund of total charges realised in the; train after retaining the

cancellation charges at fifty per cent of the single journey ticket fare per passenger provided

that no one has taken refund earlier on the original ticket.

18. Wait-listed passengers or concession and privilege ticket order tickets -

When any person has purchased a ticket on any concessional order or privilege ticket order,

and Is wait-listed for reservation In any train, he shall be entitled to avail of the same ticket

for reservation In any other train on the same date or any other date. without losing the

benefit of concessional fare.

19. Unused portion of return tickets.-(1) No refund shall be granted on the unused

portion of the concessional return tickets.

(2) When a return ticket Is Issued without any concession. It shall be treated like two

single journey tickets and the refund shall be granted accordingly.

20. Refund of fare on unused tickets and freight realised on luggage tickets in

respect of luggage booked on the same ticket in case the journey is not

undertaken.-( 1) Refund of freight on luggage shall be granted by the station master as

under.

(a) Luggage is withdrawn at starting station - Luggage ticket shall be cancelled and

freight already collected shall be refunded after recovery of wharfage charges. If any, and

deduction of cancellation, charge of rupees five per luggage ticket. Journey ticket shall be

endorsed to the effect.

(b) Luggage already dispatched from the starting station - Freight charges on

weight admissible as free allowance shall be collected and remarks to this effect endorsed

on journey ticket.

(2) On production of journey ticket on which luggage has been booked the fare shall be

refunded only If bearing the endorsement referred to in sub-rule (1) on the unused ticket

after deductions the cancellation charges or clerkage as per rules.

21. Application for refund in other circumstances.-For refund the fare under

circumstances other than those specified In these rules or where refund is not admissible or

granted at the station on account of expiry of time limits prescribed under these rules or

otherwise a Ticket Deposit Receipt shall be Issued to the passenger In lieu of the

surrendered ticket, at the station where ticket has been surrendered and the passenger may

apply for refund. within ninety days from the date of commencement of journey. to the

Chief Commercial Manager (Refunds) of the railway, administration under whose jurisdiction

the Ticket Deposit Receipt issuing station comes, enclosing the original Ticket Deposit

Receipt. Ticket Deposit Receipt shall be issued only up to thirty days after the scheduled

departure of the train.

THE PASSENGERS (CHANGE OF NAMES)

RULES, 1990

G.S.R. 708 (E), dated 16th August, 1990.- ln exercise of the powers conferred by Cl.

(c) of sub-section (2) of Sec. 60 of the Railways Act, 1989 (24 of 1989) read with Sec. 22 of

the General Clauses Act, 1897 (10 of 1897) the Central Government hereby makes the

following rules namely:-

1. Short title and commencements. -(1) These rules may be called the

Passengers.(Change of Names) Rules, 1990.

(2) They shall come into force on the date of the commencement of the Act.

2. In these rules unless the context otherwise requires

(a) "Act" means the Railways Act. 1989 (24 of 1989)

(b) "appropriate authority" means an authority approving the official tours of the

Government servant concerned;

(c) "Government servant" means any person serving under the Central or State

Government:

(d) "member of the family" means father, mother, brother, sister, son, daughter,

husband or wife;

(e) "passenger" means a person travelling on a ticket or on a valid pass;

(f) "reserved ticket" means a journey ticket on which a berth or seat has has been

reserved;

(g) words and expressions used herein and not defined but defined in the Act shall

have the meanings respectively assigned to them in the Act.

3. (1) Save as otherwise provided in sub-rule (2) a berth or a seat reserved in the name of

a person shall be used only by that person and shall not be transferable to any other

person.

(2) Any railway servant authorised in this behalf by a railway administration may permit

the change of name of a passenger having a seat or berth reserved in his name in the

following circumstances, namely :-

(a) where the passenger is a Government servant proceeding on duty and

appropriate authority makes a request in writing 24 hours before the scheduled

departure of the train that the reservation made in the name of the Government

servant be transferred to another Government servant proceeding on duty;

(b) where the passenger makes a request in writing 24 hours before the scheduled

departure of the train that the reservation made in his name be transferred to

another member of his family;

(c) where the passengers are students of a recognised educational institution and

the Head of the institution makes a request in writing 48 hours before the

scheduled departure of the train. that the reservation made in the name of any

student be transferred to any other student of the same institution:

Provided that any such request for change shall be granted only once.

Provided further that in no case such request for change in excess of ten per cent

of the total strength of the group shall be granted

(d) where the passengers are members of a marriage party and any person deemed

to be the Head of such party, makes a request in writing 48 hours before the

scheduled departure of the train that the reservation made in the name of any

member of the marriage party be transferred to any other person: .-

Provided that any such request for change shall be granted only once:

Provided further that in no case such request for change in excess of ten per cent of

the total strength of the group shall be granted.

(e) Where the passengers are a group of Cadets of National Cadet Corps and any

officer who is the Head of the group makes a request in writing at least twenty-

four hours before the scheduled departure of the train that the reservation made

in the name of any cadet be transferred to any other cadet:

Provided that any such request for change shall be granted only once:

Provided further that in no case such request for change in excess of ten per cent. of

the total strength of the group shall be granted.

THE CARRIAGE OF PASSENGERS SUFFERING

FROM INFECTIOUS OR CONTAGIOUS

DISEASES RULES, 1990

G.S.R. 556 (E), dated 7th June.1990 I in exercise of powers conferred by CIs. (e) and

(f) to sub-section (2) of Sec. 60 of the Railways Act. 1989 (24 of 1989). read with Sec. 22

of the General Clauses Act. 1897 (10 of 1897). the Central Government hereby makes the

following rules for carriage of passengers suffering from infectious or contagious diseases.

namely:

1. Short title - (1) These rules may be called the Carriage of Passengers Suffering

from Infectious or Contagious Diseases Rules. 1990.

(2) They shall come into force on the date of commencement of the Railways Act.

1989 (24 of 1989).

2. Persons suffering from any infectious or contagious diseases.-{l) A railway

administration shall not carry, except in accordance with the conditions laid down in these

rules. persons suffering from the following infectious or contagious diseases.

(i) Cerebro-Spinal meningitis.

(ii) Chicken-pox.

(iii) Cholera.

(iv) Diphtheria.

(v) Measles.

(vi) Mumps.

(vii) Scarlet fever,

(viii) Typhus fever.

(ix) Typhoid fever, and

(x) Whooping cough.

(2) Nothing in sub-rule (1) shall apply in the case of closed (non-infective) leprosy

patients carrying a certificate from a Registered, Medical Practitioner certifying them to be

non-infective and such a certificate shall be produced on demand inside railways premises

by any railway servant.

(3) A person suffering from any of such diseases as mentioned in sub-rule (1) of this

rule, shall not enter or remain in any carriage on a railway or travel in a train without the

permission of the Station Master or other railway servant incharge of the place where such

person enters upon the railways.

(4) A railway servant giving such permission may on the person suffering from the

disease, agreeing to pay the usual number of fares for reserving a compartment, arrange

for his separation from other persons being or traveling upon the railway.

1. Published in the Gazette of India, Extraordinary, Pt. II, Sec. 3 (i), No. 221, dated

7th June, 1990.

2. Items (v) and (viii) omitted by G.S.R. 340 (E), dated 17th June, 1997 (w.e.f 25th

June, 1997).

3. Detention of passengers attacked with any infectious or contagious diseases. - When

a passenger is detained at railway station by a Medical Officer as a measure for prevention

of the spread of infectious or contagious diseases referred to in sub-rule (1) of rule 2 and

when such a passenger is unable to continue the journey by the train for which the ticket Is

Issued and the period of its availability in terms laid-down for break of journey en route Is

exceeded, the Station Master on the authority of certificate from the Medical Officer, shall

make the ticket available for the further journey by an endorsement on the back of the

ticket as under:

"Available by No…………………………………………… Train…………………………………… (date) from

……………………………………………………(Station)" and sign his name in full.

THE RAILWAY ACCIDENTS UNTOWARD

INCIDENTS (COMPENSATION) RULES, 1990

G.S.R. 552 (E), dated 7th June, 19901.-In exercise of the powers conferred by Sec.

129 of the Railways Act. 1989 (24 of 1989), read with Sec. 22 of the General Clauses Act

(10 of 1897) and in supersession of the Railway Accidents (Compensation) Rules, 1989

except in respect of things done or omitted to be done before such supersession the Central

Government hereby makes the following rules namely:

PRELIMINARY

1. Short title and commencement.-

1. These rules may be called the 2[Railway Accidents Untoward Incidents]

(Compensation) Rules. 1990.

2. They shall come into force on the date of commencement of the Act:

2. Definitions.-3[(I)] In these rules. unless the context otherwise requires:

(a) "Accident" means an accident of the nature described in Sec. 124 of the Act;

(b) "Act' means the Railways Act. 1989 (24 of 1989);

(c) "Claims Tribunal" means the Railway Claims Tribunal established under Sec. 3

of the Railway Claims Tribunal Act. 1987 (54 of 1987);

(d) "Schedule" means the schedule to these rules; and 4[(e) "untoward incident"

means as incident defined in CI. (e) of Sec. 123 of the Act.]

(2) The words used and not defined in these rules but defined in the Act shall have the

meanings respectively assigned to them in that Act.]

CLAIMS FOR COMPENSATION

3. Amount of compensation.-

(1) The amount of compensation payable in respect of death or injuries. shall be

as specified in .the Schedule.

(2) The amount of compensation payable for an injury not specified in Pt. II or III

of the Schedule but which. in the opinion of the Claims Tribunal is such as to

deprive a person of all capacity to do any work. shall be 6[rupees four lakhs].

(3) The amount of compensation payable in respect of any injury (other than an

injury specified in the Schedule or referred to in sub-rule (2) resulting in pain

and suffering, shall be such as the Claims Tribunal may after taking into

consideration medical evidence. besides other circumstances of the case

determine to be reasonable):

Provided that if more than one injury is caused by the same accident, compensation

shall be payable in respect of each such injury :

Provided further that the total compensation in respect of all such injuries shall not

exceed 1[rupees eighty thousand).

(4) Where compensation has been paid for any injury which is less than the amount

which would have been payable as compensation if the injured person had died and

the person subsequently dies as a result of the injury, a further compensation equal

to the difference between the amount payable for death and that already paid shall

become payable.

(5) Compensation for loss. destruction or deterioration of goods or animals shall be paid

to such extent as the Claims Tribunal may, in all the circumstances of the case,

determine to be reasonable.

4. Limit of compensation.-Notwithstanding anything contained in Rule – 3, the total

compensation payable under that rule shall in no case exceed 8[rupees four lakhs) in

respect of any one person.

SCHEDULE

(See rule 3)

COMPENSATION PAYABLE FOR DEATH AND INJURIES

PART I

Amount of Compensation (in Rupees)

For death 4,00,000

PART II

(1) For loss of both hands or amputation at higher sites 4,00,000

(2) For loss of hand and a foot 4,00,000

(3) For double amputation through leg or thigh or amputation

through leg or thigh on one side and loss of other foot 4,00,000

(4) For loss of sight to such an extent as to render the claimant

unable to perform any work for which eye sight is essential 4,00,000

(5) For very severe facial disfigurement 4,00,000

(6) For absolute deafness 4,00,000

PART – III

(1) For amputation through shoulder joint 3,60,000

(2) For amputation below shoulder with stump less than 8"

from tip of acromion 3,20,000

(3) For amputation from 8" from tip of acromion to less

than 4½” below tip of olecreanon 2,80,000

(4) For loss of a hand or the thumb and four fingers of one hand

or amputation from 4-1/2" below space tip of olecreanon 2,40,000

(5) For loss of thumb 1,20,000

(6) For loss of thumb and its metacarpal bone 1,60,000

(7) For loss of four fingers of one hand 2,00,000

(8) For loss of three fingers of one hand 1,20,000

(9) For loss of two fingers of one hand 80,000

(10) For loss of terminal phalanx of thumb 80,000

(11) For amputation of both feet resulting in end-bearing stumps 3,60.000

(12) For amputation through both feet proximal to the

metatarso phalangeal joint 3,20,000

(13) For loss of all toes of both feet through the

metatarso-phalangeal joint 1,60,000

(14) For loss of all toes of both feet proximal to the

proximal interphalangeal joint 1,20,000

(15) For loss of all toes of both feet distal to the

proximal interphalangeal joint 80.000

(16) For amputation at hip 3,60,000

(17) For amputation below hip with stamp not exceeding

5" in length measured from tip of great trenchanter

but not beyond middle thigh 3,20,000

(18) For amputation below hip with stump exceeding 5"

in length measured from tip of great trenchanter

but not beyond middle thigh 2,80.000

(19) For amputation below middle thigh to 3-1/2" below knee 2,40,000

(20) or amputation below knee with stump exceeding

-1/2" but not exceeding 5” 2,00.000

(21) Fracture of Spine with paraplegia 2,00.000

(22) For amputation below knee with stump exceeding 5" 1,60.000

(23) For loss of one eye without complications the other being

normal 1.60.000

(24) For amputation of one foot resulting In end-bearing 1,20.000

(25) For amputation through one foot proximal to the

metatarso-phalangeal joint 1.20,000

(26) Fracture of Spine without paraplegia 1.20.000

(27) For loss of vision of one eye without complications

of disfigurement of eye ball, the other being normal 1,20.000

(28) For loss of all toes of one foot through the

metatarso-phalangeal joint 80.000

(29) Fracture of Hip-joint 80.000

(30) Fracture of Major Bone-Femur. Tibia of Both limits 80.000

(31) Fracture of Major Bone-Humerus, Radius of

Both limbs 60.000

(32) Fracture of Pelvis not Involving joint 40.000

(33) Fracture of Major Bone-Femur. Tibia of one limb 40.000

(34) Fracture of Major Bone-Humerus, Radius and Ulna of

One limb, 32,000

MINISTRY OF RAILWAYS

NOTIFICATION

New Delhi, the 8th August, 2003

G.S.R. 646(E) - In exercise of the powers conferred by section 129 of the Railways

Act, 1989(24 of 1989), read with section 22 of the General Clauses Act, 1897 (10

of 1897), the Central Government hereby makes the following rules, namely:-

1. Short title and commencement: - (1) These rules may be called the Railway

Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions -(1) In these rules, unless the context otherwise requires, -

(a) 'Act' means the Railways Act, 1989 (24 of 1989);

(b) 'Claims Tribunal' means Tribunal constituted under the Railway Claims Tribunal

Act, 1987;

(c) 'diary' means the station diary being maintained by the Station Superintendent

for recording daily events happened at the station;

(d) 'Divisional Office' means the divisional headquarter of the Zonal Railway;

(e) 'Divisional Railway Manager' means the administrative in-charge of the divisional

office;

(f) „Divisional Security Commissioner' means administrative in-charge of the force of

Divisional Office;

(g) 'Force' means the Railway Protection Force;

(h) 'Form' means the Form appended to these rules;

(i) 'Inquest Report' means the report prepared by police containing details of

incident;

(j) 'Jama Talashi' means the report about the recovery of any belongings of the

person' affected by the untoward incident;

(k) 'Police' means a State Police;

(l) 'Station Superintendent' includes Deputy Station Superintendent, Station Master

and Assistant Station Master or other officer being in-charge of the station;

(m) 'Supervisor' means official-in-charge of the guard or driver or Train Ticket

Examiner booking office;

(n) 'Technical Survey' means survey carried out by a team of railway officials

nominated by the Station Superintendent or any other official being in charge of

railway station;

(o) 'untoward incident' means an incident defined under clause (c) of section 123 of

the Act; and

(p) 'Zonal Railway' means a zonal railway constituted under section 3 of the Act.

(q) The words and expressions used herein and not, defined but defined in the Act

shall have the meaning respectively assigned to them in the Act.

3. 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.

4. Duties of guard, driver and Train Ticket Examiner - Any guard or driver or Train

Ticket Examiner, who is on duty at the time of occurrence of untoward incident, shall,

(i) immediately arrange for medical assistance to the b) injured passengers, and

(ii) report, the, occurrence of such incident to the Supervisor In Form-I.

5. Duties of Supervisor - On receipt of a report in Form- I, the Supervisor shall

forward the same to the Divisional Railway Manager.

6. Duties of Station Superintendent .-The Station: Superintendent, on receipt of an

information about the occurrence of an 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., in-charge of

the Force;

(iv) carry out technical survey of the untoward incident himself or through his

representative; and

(v) depute his representative to assist the force to complete the process of

investigation.

7. Conducting of investigation and submission of report by the Force -(1) On

receipt of information under rule 6, an officer of the Force, not below the rank of Inspector,

shall carry out the investigation and shall -

(i) obtain copies of the inquest report, post morten report and Jama Talashi report

from the police ':' investigating the incident;

(ii) obtain copy of the technical survey carried out by , the railway official nominated

by the Station Superintendent;

(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, on completion of the Investigation, shall submit a report to

the authorities specified", under sub-rule (2) of rule 10.

8. Conducting of investigation and submission of report by the Police-(1) The

police on receipt of the report under 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) 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.

9. 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

passengers may submit all the relevant evidence before the Police and assist the police and

the Force to complete the investigation.

10. 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, I 1973.

(2) The officer of the Force shall forward the report prepared under sub-rule (2) of rule 7 to

the Divisional Railway Manager and Divisional Security Commissioner of the Force.

11. Action on the report by the Divisional Railway Manager -.(1) The Divisional

Railway Manager, on receipt , of the report, shall immediately examine the same.

(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 inquiry is

inquiry 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 a 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.

12. 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.

13. Investigation report to be placed before Divisional Railway Manager -The

investigation report along with comments of the Divisional Railway Manager thereon shall be

placed before the Claims Tribunal by Railway Administration while filing written statement in

the case in which compensation has been claimed on the basis of such untoward incident.

Form-I

(See rule 4)

REPORT OF UNTOWARD INCIDENT

1. Kilometer at which untoward incident occurred:

2. Name of Driver of the train with Headquarter:

3. Name of Guard of the train with Headquarter:

4. Name of Train Ticket Examiner of train, if posted, with Headquarter:

5. Nature of the untoward incident

(a) accidental fall

(b) bomb blast

(c) rioting/shootout

(d) others

6. Time of occurrence:

7. Position of human body in relation to track:

8. Whether medical help was given to the injured:

9. Whether train stopped or not:

10. Condition of doors and occupation of coach:

Signature

'Name and designation

Date :

Form-2

(See rule 7)

BRIEF PARTICULARS OF UNTOWARD INCIDENT

1. In cases of death: -

(a) time and place the body was detected:

(b) position of the body in relation to the tracks:

(c) blood stains on ballast or engine, extent of the injuries and whether prima facie

inflicted by a train or otherwise:

(d) position of any clothing etc. found on or near the rails

(e) Name of informant, his parentage and address:

2. In case of accidental falling or other untoward incidents:

(a) kilometerage at which the passenger fell or person was knocked down

(b) was the incident noticed by the Guard/Driver/TTE and the train stopped or was

the alarm chain pulled to stop the train:

(c) was the train backed to the incident spot:

(d) how the injured or dead person was dealt with:

3. In case the passenger falling out:

(a) name, age, sex and address of the passenger, with the particulars of ticket, if

any, held:

(b) if child, also give the name and address of the guardian at the time, and his

re1ationship to the child:

(c) where was the person or child seated or standing at the time last seen by fellow

passengers:

(d) owning railway, painted number, compartment number, type description and

position of the carriage from the engine:

(e) condition of doors:

(f) officer of the Force on train:

(g) brief statement of the injured person containing cause of accident:

(h) name and signature of the passenger in whose presence the statement is

recorded:

(i) in the case of a child, the name and signature of guardian:

(j) statement of co-passengers:

(k) type of injuries sustained by the injured i.e. temporary, permanent, partial or

complete disablement:

Signature

Date: Name and designation

PARCEL

THE RAILWAYS (EXTENT OF MONETARY LIABILI1Y AND PRESCRIPTION OF

PERCENTAGE CHARGE) RULES. 1990

G.S.R. 557 (E), dated 7th June, 19901 -In exercise of powers conferred by sub-

section (1) and CI. (c) of sub-section (2) of Sec. 112 of the Railways Act. 1989 (24 of

1989), read with Sec. 22 of the General Clauses Act. 1897 (10 of 1897), the Central

Government hereby makes the following rules namely:

1. Short title and commencement.-(1) These rules may be called the Railways (Extent of

Monetary Liability and Prescription of Percentage Charge) Rules. 1990.

(2) They shall come into force on the date of commencement of the Act.2

2. Definitions. -In these rules unless the context otherwise requires.-

(a) "Act" means the Railways Act. 1989 (24 of 1989).

(b) "Baggage" means personal effects of a passenger entrusted to, a railway

administration for carriage.

(c) "Excess value" in respect of any consignment means the amount by which the

value declared by a consignor exceeds the amount of liability of a railway

administration as specified or calculated under sub-rule (1) of rule (3).

(d) "Percentage charge" means the percentage charge payable on excess value

calculated in accordance with the rate specified in Col. 2 of Sch. II.

(e) “Schedule" means the Schedule to these rules.

(f) words and expressions used and not defined in these rules but defined in the

Act shall have the meanings respectively assigned to them in the Act.

3. Monetary liability of a railway administration. - (1) Where a railway

administration is responsible for loss, damage, destruction, Deterioration, or non-

delivery of any consignment, the amount of liability of such railway:

administration in respect of such loss, damage, destruction, deterioration or non-

delivery shall not, unless the consignor has declared its value and paid

percentage charge on excess value of such consignment, exceed.-

(i) in the case of any consignment consisting, of animals. The amount specified in

Sch. I; or

(ii) in the case of any consignment consisting of baggage. An amount calculated at

rupees one hundred per kilogramme; or

(iii) in the case of any consignment other than those, referred to in CIs. (i) and (ii)

above, an amount calculated at rupees fifty per kilogramme.

(2) Where a railway administration is responsible for loss, damage destruction,

deterioration or non-delivery of any consignment and the consignor has at the time of

entrustment for carriage declared the value of such consignment and paid percentage

charge on excess value at the rate specified in Pt. I or Pt. II. as the case may be, of Sch. II,

the amount of liability of a railway administration for loss, damage. Destruction,

deterioration or non-delivery of such consignment shall not exceed the value declared.

Explanation I. -Where in respect of carriage of any consignment, the freight is

chargeable on any basis, other than its actual weight, the amount of liability of a railway

administration shall be determined with reference to the actual weight of such consignment.

Explanation 2.- Where the loss, damage, destruction. Deterioration or non-delivery

is only with respect to part of a consignment; the weight to be taken into consideration for

determining the amount of liability of a railway administration is the weight of the goods

lost, damaged, destroyed, deteriorated or non-delivered unless such loss, damage,

destruction, deterioration or non-delivery affects the value of the entire consignment.

4. Certain goods not to be accepted for carriage unless percentage charge

paid.-No railway administration shall accept for carriage, the goods specified in Part I of

Sch. II unless the consignor declares the value of such goods and pays the percentage

charge applicable to such goods as indicated in Col. 2 of Sch. II.

SCHEDULE-I

(1) (2) --------------------------------------------------------------------------------------------------------------------------------------------------------------

Description of animals Extent of responsibility of Railway

Administration --------------------------------------------------------------------------------------------------------------------------------------------------------------

(Per head)

(Rs.) --------------------------------------------------------------------------------------------------------------------------------------------------------------

Elephants 6,000

Horses 3,000

Mules. homed cattle or camels 800

Dogs. donkeys, goats, sheep or other animals

not mentioned above. or birds. 120 --------------------------------------------------------------------------------------------------------------------------------------------------------------

SCHEDULE II

PART I --------------------------------------------------------------------------------------------------------------------------------------------------------------

Description of goods Rates of Percentage charge --------------------------------------------------------------------------------------------------------------------------------------------------------------

1. Gold 13 paise 100 rupees part thereof

2. Silver on excess value per 160 kilometers or part

thereof subject to a maximum of 1 % of

excess value.

3. Pearls

4. Precious stones

5. Jewellery

5-A. Scooter (Motor Cycle)

6. Currency notes and coins

other than Government Treasure)

7. 3[Government stamps and stamped

paper other than Postal stationery and stamps)

______________________________________________________________________

PART II

______________________________________________________________________

(1) (2)

Goods other than those 25 paise per 100 rupees or part thereof

specified in Part I on excess value per 160 kilometres or

part thereof subject to a maximum of

1 % of excess value.

THE RAILWAYS (MANNER OF DELIVERY OF CONSIGNMENTS AND SALE PROCEEDS

IN THE ABSENCE OF RAILWAY RECEIPT RULES, 1990

G.S.R. 595 (E), dated 22nd June, 19931- ln exercise of the powers conferred by

CIs. (c) and (f) of sub-section (2) of Sec. 87 of the Railways Act. 1989 (24 of 1989) read

with Sec. 22 of the General Clauses Act. 1897 (10 of 1897). the Central Government hereby

makes the following rules. namely:-


(1) These rules may be called the Railways (Manner of Delivery of Consignments

and Sale Proceeds in the Absence of Railways Rules. 1990.

(2) They shall come into force on the date of the commencement of the Act.

2. Definitions. - ln these rules. unless the context otherwise requires:-


(b) "Consignee" means the person named as consignee in a railway receipt;

(c) "Consignment" means goods entrusted to railway administration for carriage;

(d) "Consignments booked to self' means consignments booked by the consignor

to 'self at the destination instead of to a 'consignee', by name.

(e) "Form" means the Form annexed to these rules :

(f) "Railway receipt" means the railway receipt issued under Sec. 65 of the Act;

(g) "Station Master" means a Railway employee by whatever name called. in

overall charge of a Railway Station and includes any other Railway employee

authorised by the railway administration to grant delivery of goods:

(h) words and expressions used herein and not defined but defined in the Act

shall have the meanings respectively assigned to them in the Act.

3. Delivery of consignments when the railway receipt is not forthcoming - {1)

Where the railway receipt is not forthcoming. The consignment may be delivered to the

person, who in the opinion of the railway administration is entitled to receive the goods and

who shall receive the same on the execution of an Indemnity Note as specified in Form I.

Provided however that if the consignee is a Government official in his official

capacity. such delivery may be made on unstamped Indemnity Note.]

(2) Where the railway receipt is not forthcoming and the consignment is addressed by

the sender to self. delivery shall not be made unless Indemnity Note. duly executed in

Forms I-A and I-B are produced by the persons claiming delivery of the consignment.

(3) Where the railway receipt is not forthcoming and the consignment is not addressed

to self by the sender. delivery may be made on the basis of an Indemnity Note duly

executed in Form II in lieu of Form I subject to the following conditions. namely :-

(a) The General Indemnity Note shall be executed on stamp paper of the appropriate

value applicable to the State in which delivery is made.

(b) Consignment if booked to self shall not be granted delivery on the basis of

General Indemnity Notes.

(c) Where delivery of a consignment is taken on the basis of a General Indemnity

Note the consignee should surrender the railway receipt within 10 days from the

date of taking delivery of such consignment:

(d) Where the consignee has not produced the railway receipt within the time-limit

specified under Cl. (c). a separate Indemnity Note in Form I should be executed

by the consignee in respect of such consignment;

(e) If a consignee fails to surrender the original railway receipt or fails to execute a

separate Indemnity Note in respect of any consignment taken delivery of on the

basis of the General Indemnity Note. Station Master may refuse to deliver further

consignments on the basis of the General Indemnity Note furnished by the

consignee;

(f) The Railway Administration shall have the right to demand the execution of a

fresh General Indemnity Note on expiry of three years from the date on which it

was executed.

(4) Where the railway receipt is not forthcoming and the consignee is a State

Government, delivery may be made at the discretion of the Railway Administration on the

basis of General Indemnity Note specified in Form-III.

(5) Where the railway receipt is not forthcoming and the consignee is a Ministry of

Department of the Central Government, delivery may be made at the discretion of the

Railway Administration on the basis of General Indemnity Note specified in Form IV.

4. Delivery of consignments when railway receipt is not forthcoming and the

consignments or sale proceeds are claimed by two or more persons.-When the

railway receipt is not forthcoming and the goods in possession of the Railway Administration

are claimed by two or more persons, the Railway Administration may withhold delivery of

such goods unless an Indemnity Note, as specified in Forn I, is executed by the person, to

whom the goods are delivered or sale proceeds are paid.]

5. Delivery of perishable articles when the railway receipt is not forth-coming.-

(1) Notwithstanding anything contained in these rules where the consignment consists of

perishable articles and the railway receipt is not forthcoming, such consignment may be

delivered to the person who, in the opinion of the Railway Administration is entitled to

receive such consignment, and such person shall take delivery subject to the following

conditions, namely :

(a) if the invoice copy of the railway receipt is available at the time of taking delivery

and the booking is to a named consignee who is claiming delivery, such person

shall, before taking delivery execute an Indemnity Note specified in Form I : and

(b) (i) if the invoice copy of the railway receipt is not available at the .taking

delivery: or

(ii) if such invoice copy is available and the consignment is booked to “Self”, such

person shall deposit an amount equivalent to the cost of consignment by way

of security apart from freight and other charges taking delivery of such

consignment.

2.(1) If any amount has been deposited by way of security under Cl. b- of sub rule (1). such

amount shall be refunded by the Railway administration on production of the original railway

receipt within six months from the date of taking such delivery.

3. In the absence of original railway receipt refund may be granted on execution of an

Indemnity Note in Form I or I-A and I-B. as the case may be provided the invoice copy of

the railway receipt is available and the particulars of consignment can be connected with

reference to the invoice thin six months from the date of taking delivery.

FORM I

(See rule 3 (1)) :

FORM OF INDEMNITY NOTE

……………………….RAILWAY

INDEMNITY NOTE

**I /We hereby acknowledge to have received from the …………………

Railway………………………….valued………………..at Rupees…………….. which was despatched to

**my/our address from the Station of the ….. Railway on or about the ……………………day of

……………………the railway receipt for which has been…………………………and ***for myself, my

heirs, executors and administrators and for our Company/Firm, the assigns and successors.

**I/We undertake in consideration of such delivery as aforesaid to hold.

*President of India. his agents and servants the+………………….. railway

administration, its agents and servants harmless and indemnified in respect of all claims to

the said goods.

**I/We also undertake to pay on demand to the railway administration freight

charges, undercharges, wharfage, and any other charges that may be subsequently found

due in respect of this transaction.

And ***I/We the undersigning below the consignee of these goods certify that first

signor is the bona fide owner of the goods and that **I/We undertake the whole said

liability equally with the consignee and for this purpose **I/We affix my/our **signature

hereto.

Signature of Witness……… Signature of Witness…………

Father's Name…………………. **Father‟s Name……………….

Age…………………………….. Age……………………………..

Profession ……………………… Profession………………………

Residence……………………….. Residence ………………………

Designation and Seal of the Company /

Firm…………………………………..

Registered Office/Place of business

Signature of Witness………………. Signature of Surety…………………

Father's Name……………………. **Father‟s Name…………………..

Age………………………………… Age…………………………………

Profession………………………… Profession…………………………. Residence…………………………

Residence …………………………

…………………………………

* To be struck out when the form is used on other than Government Railways.

+ To be struck out when the form is used on Government Railways.

**To be struck out when Indemnity Note is executed by or on behalf of a Company/Firm.

Note.- This note is an agreement ranging under Cl. (c) of Art. 5 of Such. I of Indian Stamps

Act 11 of 1899 and therefore, chargeable with stamp duty, irrespective of the value of the

goods.

Designation and seal of Company/Firm

…………………………………………..

Registered Office/Place of business.

………………………………………….

Executed in my presence. …………………………………….

Station Stamp Station Master

Date………………… 19……………

FORM I-A

[See rule 3 (2)]


………………………..RAILWAY

INDEMNITY NOTE

**I/We hereby acknowledge to have received from……………………….. railway

……………………..valued at Rs. which was despatched by **me/us and booked to self/as value

payable, from the……………………… station of the ……………………… Railway on or about the

……………..day of…………….. the Railway Receipt for which has been………………. and **for

myself my heirs, executors and administrators/and for our Company/Firm their assigns. and

successors. .

**I/We undertake in consideration of such delivery as aforesaid to hold.

* President of India, his agents and servants the+……………………. Railway

administrations and servants harmless and indemnified in respect of all claims to the said

goods.


charges, undercharges, wharfage. and any other charges that may be subsequently found

due in respect of this transaction.

And **I/We the undersigned signing below the consignor of these goods certify that

the first signor is the bonafide owner of the goods and that ..I/We undertake the whole of

the said liability equally with the consignor, and for this purpose ..I/We affix signature

hereto.

Signature of Witness……………… Signature of Consignor……………

Father's Name…………………… Father's Name………………………

Age…………………………………. Age…………………………………..

Profession…………………………. Profession …………………………

Residence………………………….. Residence…………………………..

Designation and seal of the Company/

Firm……………………………………..


*To be struck out when the form is used on other than Government Railways.

+To be struck out when the form is used on Government Railways.

**To be struck out when Indemnity Note is executed by or on behalf of a Company/Firm.

Note.-This note is an agreement ranging under Cl. (c) of Art. 5 of Sch. I of Indian Stamps

Act 11 of 1899 and therefore, chargeable with a stamp duty, irrespective of the value of the

goods.



Age………………………………… Age…………………………………



……………………………………….

Designation and seal of Company/Fin

…………………………………………..


………………………………………….


Station Stamp Station Master of

Forwarding Station.

Date………………… 19……………

I …………………………… hereby endorse this note In favour of ……………………..whose address is

…………..whom I hereby authorize, to the delivery of the consignments booked by me as

self/as value payable on my behalf.

Signature of Sender…………….

Date ……………….19………………….

FORM I – B

(See Rule 3 (2))


…………………………………RAlLWAY

INDEMNITY NOTE

**1/We hereby acknowledge to have received from the ………………..the

RaiIway………………….. valued at Rs. …………………which was despatched by

…………………………from…………………… station of the…………. Railway on or about

the……………………….. day of and booked to self/as value payable, the Railway Receipt for

which has been ………………………….. and **for myself, my heirs, executors and

administrators/and for our Company/Firm, their assigns and successors.

**I/We undertake In consideration of such delivery as aforesaid to hold.

*President of India his agents and servants the railway administration its agents and

servants harmless and Indemnified, its agents and servants harmless and indemnified In

respect of all claims to the said goods.


charges, wharfage, and any other charges that may be subsequently found due In respect

of this transaction.

**I/enclose a copy of a stamped Indemnity Note executed by the consignor and

countersigned by the Station Master of the Forwarding Station which has been duly

endorsed by the Consignor In my favour authorising me to take delivery of the consignment

on his behalf.

**I/We the undersigned. signing below the person authorised by the consignor to

the delivery of the goods, I hereby certify that the first signor is the bonafide owner of the.

of goods and------- I/We undertake the whole of the said liability equally with the signor

and for this purpose ..I/We affix our signatures hereby.

Signature of Witness……… Signature of Consignor…………

Father's Name…………………. Father‟s Name……………….

Age…………………………….. Age……………………………..

Profession ……………………… Profession………………………

Residence……………………….. Residence ………………………

Designation and Seal of the Company / Firm……………………..

Registered Office/Place of business



Age………………………………… Age…………………………………



Designation and seal of Company/Fin …………………………………………..


………………………………………….


Station Stamp Station Master

Date………………… 19………

Signature of the person……………….

Authorized by sender………………..

To take delivery

*To be struck out when the form Is used on other than Government Railways.

+To be struck out when the form Is used on Government Railways.

**To be struck out when Indemnity Note Is executed by or on behalf of a Company/Firm.

Note.-This note is an agreement ranging under Cl. (c) of Art. 5 of Sch. I of Indian

Stamps Act 11 of 1899 and therefore, chargeable with a stamp duty, irrespective of the

value of the goods.

FORM II

[See rule 3 (3))

GENERAL INDEMNITY NOTE

(For use of other than Government Departments)

In consideration of the President of India (hereinafter referred to as "the railway

administration") agreeing to deliver from time to time to (hereinafter referred to as "the

Principal Obligor") herein, or to his agent or servants who shall be duly accredited by letters

of authority on such behalf signed by all and every description of goods and prices

consigned to the name of the Principal Obligor that arrive at and without production of the

railway receipt while taking delivery of them the Principal Obligor undertakes to hold the

railway administration harmless and indemnified In respect of all claims to the goods and

losses to the railway administration arising out of the aforesaid delivery.

And we (1)…………………. (2)………………. (hereinafter called "the sureties") In

consideration of the railway administration agreeing to deliver the goods to the Principal

Obligor as aforesaid without production of the Railway Receipt while taking delivery we (for

ourselves and .on behalf of our heirs. Successors, Executors, legal representatives and

assigns) agree to bind ourselves each and every one of us. to the railway administration In

the term set out hereinafter these presents.

The Principal Obligor agrees and undertakes to surrender the original and proper

railway receipts to the railway administration at In respect of the goods delivered to them

as aforesaid as soon as they are available (if not lost).

In the event of their failure to surrender the original railway receipt within ten days

of the delivery of any consignment. the Principal Obligor agrees and undertakes to execute

a separate Indemnity Note along with two sureties approved by the railway administration

agreeing to indemnity and hold the railway administration harmless and free from any

liability In respect of the delivery of such consignment.

If there is delay in surrendering railway receipts or in executing a separate

Indemnity Note. as provided for above. the railway administration reserves the right to stop

deliveries on the strength of this General Indemnity Note.

The Principal Obligator and the sureties shall' jointly and severally, at all and

harmless against all claim and demands of whatsoever nature and all losses, expenses,

damages, costs and charges incurred by the Railway Administration and their Agents and

servants as referred to above In consequence of the delivery to the Principal. Obligor or his

Agents of such goods and parcels without the production of the railway receipt.

The liability of the sureties shall not be impaired or discharged by reason of time-

being given or for any forbearance at or/omission of the railway administration whatever

(whether with or without the consent of the sureties) nor shall be necessary to use the

Principal Obligor before suing the sureties.

The railway administration shall have the right to call upon the Principal Obligor to

execute a fresh Indemnity Note with sureties approved by the railway administration on the

expiry of 3 years from the date of the original execution of these presents and until such

Indemnity as aforesaid is executed with approved sureties. this indemnity shall remain In

force for effecting delivery of goods/parcels without production of original railway receipt

and for indemnification for loss. etc. to the railway administration In respect thereof.

Notwithstanding anything contained hereinabove. the Principal Obligor agrees that in

respect of any goods consigned as aforesaid the railway administration may demand

production of banker's guarantee to Its satisfaction and may on the Principal Obligor's

failure to comply with such demand decline to deliver the said goods to the Principal Obligor

or his nominee.

Signed by the Principal Obligor ………………………………….

within mentioned) Signature of the Principal Obligor.

In the presence of

1………………………………

2………………………………. (Signature of the Sureties)

Signed by the Surety Accepted on

(within mentioned) Designation of Officer for and on

In the presence of behalf of the President of India

In the presence of.

1……………………………….

2………………………………..

(Words In brackets to be struck out when the surety is a judiciaI person.)

FORM III

[See rule 3 (4)]

I GENERAL INDEMNITY NOTE

(For use by State Governments)

In consideration of the President of India (hereinafter referred to as “the railway

administration") agreeing to deliver from time to time to …………………….(hereinafter referred

to as "Governor of) herein or to his Agents or servants who shall be duly accredited by

letters of authority on such behalf signed by …………………….all and every description of goods

and parcels consigned to the name of the Governor of………………. that arrive at

…………………….. and without production of the railway receipt while taking delivery of them

Governor of ……………………undertakes to hold the railway administration harmless and

indemnified in respect of all claims to the goods and losses to the Railway Administration

arising out of the aforesaid delivery.

The Governor of …………………….agrees and undertakes to surrender the original and

proper railway receipts to the railway administration at …………… in respect of the goods

delivered to them as aforesaid as soon as they are available (if not lost).

The Governor of …………………….shall at all times, keep the railway administration and

their Agents and servants indemnified and harmless against all claims and demands of

whatsoever nature in all losses, expenses, damage costs and charges incurred by the

railway administration and their agents and servants as referred to above in consequence of

the delivery to the Governor of or his Agents or servants of such goods and parcels without

the production of the railway receipt.

Signature of the ……………………………

for and on behalf of the Governor of .

Accepted on ……………

Designation of Officer for and on behalf of the

President of India in the presence of …………

FORM - IV

[See rule 3 (5)]

(For use by Ministry or Department of

Central Government)

In consideration of the ……………………………….. Railway delivering from time to time all

consignments belonging to ……………………that may arrive at ………………………………..specifically

consigned to…………….. without production of the Railway Receipts or when I such railway

receipts are not properly endorsed to…………………..hereby agree to hold the………………

Railway and all other Administrations working in connection herewith and also all other

Transport Agents or carriers employed by them respectively over whose Railways or by or

through whose Transport Agency or Agencies such goods may be carried and their

respective Agents or servants harmless and indemnified in respect of all claims for goods so

delivered and further agree to defray the cost of all suits of whatsoever nature brought

against the……………. Railway or such Railway Administration and Transport Agents or

carriers as aforesaid or their respective Agents or servants for having delivered such goods

without the production of the railway receipt Notes or in the absence of proper endorsement

or endorsements on the same. The ……………….also undertakes to notify the Administration of

the names of the Officers authorised to act for and on behalf of …………………….. Government

and take delivery of the consignments as aforesaid and also to notify the Administration of

the charges occurring In the personnel from time to time.

Signature of ……………………..

……………………………………

……………………………………

……………………..Government

Signature of witness

1…………………….

2…………………….

THE CESSATION OF RESPONSIBILITY

(AFTER THE TERMINATION OF TRANSIT)

RULES, 1990 .

G.S.R. 763 (E), dated 7th September, 1990. - In exercise of the powers conferred by

Cl. (b) of sub-section (2) of Sec. 112 of the Railways Act. 1989 (24 of 1989). the Central

Government hereby makes the following rules, namely:-


(1) These rules may be called the Cessation of Responsibility (After the

Termination of Transit) Rules. 1990.

(2) They shall come into force on the date of their publication in the Official

Gazette.

2. Definitions.- In these rules. unless the context otherwise requires:-

(1) "Act" means the Railways Act. 1989 (24 of 1989).

(2) "Schedule" means schedule to these rules.

(3) Words and expressions used herein not defined but defined in the Act shall

have the meanings respectively assigned to them in the Act.

3. Cessation of responsibility after termination of transit.- A railway

administration shall not be responsible after the termination of transit for the loss.

Destruction, damage, deterioration or non-delivery of the goods specified in the schedule.

SCHEDULE

(See rule 3)

1. Gases. compressed. liquefied or dissolved under pressure.].

1. Petroleum and other Inflammable liquids.

2. Inflammable solids

3. Oxidizing substances.

4. Acids and other corrosives.

5. Poisonous rroxlC) substances.

6. All Radioactive material.

7. Heavy Water.

8. Drugs and Narcotics

9. Gold.

10. Silver.

11. Pearls.

12. Precious Stone.

13. Jewellery.

14. Currency notes and coins.

15. Government stamps.

1. Published in the Gazette of India, Extraordinary, Pt. II, Sec. 3 (ii, dated 7th

September, 1990.

THE MANNER OF GIVING OPEN DELIVERY AND

PRESCRIPTION OF PARTIAL DELIVERY the

CERTIFICATE FORM RULES, 19901 :~


(1) These rules may be called the con Manner of Giving Open Delivery and

Prescription of Partial Delivery Certificate Form Rules. 1990.


Gazette.

2. Definitions.- ln these rules unless the context other wise requires.-

(a) "Act" means the Railways Act. 1989 (24 of 1989) ;

(b) "Open Delivery" means delivery of a consignment given by railway administration

on the demand of the consignee or endorsee, when such consignment arrives in a

damaged condition or shows signs of having been tampered with;

(c) "Partial Delivery" means delivery of a part of the consignment where the whole

consignment has not arrived at the destination;

(d) "Schedule" means the Schedule to these rules;

(e) words and expressions used herein and not defined in these rules but defined in

the Act shall have the meanings respectively of assigned to them in the Act.

3. Open delivery of consignment.-Where any consignment arrives at the destination

station in a damaged condition or shows signs of having been tampered with. the consignee

or the endorsee may make a request in writing to the railway administration for open

delivery of such consignment, in accordance with these rules:

Provided that any assessment of the extent of damage shall not prejudice the rights

of the railway administration to repudiate its liability under the Act.

4. Condition subject to which open delivery of a damaged consignment shall be

given.- A railway administration may give open delivery of damage consignment subject to

the condition that the extent of damage to the consignment shall be assessed by the railway

servant granting such delivery on the basis of visual examination and such other chemical

physical tests as he may deem necessary.

5. Conditions subject to which open delivery of tampered consignment shall be

given.-A railway administration may give open delivery of tampered consignment subject to

the following conditions, namely :

(1) Assessment of the extent of shortage shall be done by the railway servant

granting open delivery after comparing the details of consignment booked for

carriage as recorded in the railway receipt produced by consignee or the

endorsee. :

(2) The extent of shortage may. also. either be assessed. by physical counting of

the packages and their contents forming the consignment or by weighment.

6. Assessment of the value of damage or shortage.- The consignee or the endorsee

shall produce the original trade invoice or beejuck or puttee or any other documentary proof

indicating the contents and value of the consignment to enable the railway servant granting

open delivery to compute the shortage or damage.

7. Imported consignment.- With respect to imported consignments open delivery

under rules 4 and 5. shall be given subject to the consignee or endorsee producing the

Forwarding Agents Clearance Bill and if such consignments have been surveyed then. the

survey report of such consignments. .

8. Record of open delivery.-(1) The record of open delivery shall be maintained in

the form specified in Sch. I with respect to each consignment. (2) A copy of the form

referred to in sub-rule (1) shall be provided to the consignee or the endorsee as the case

may be.

9. Partial Delivery Certificate.- Where partial delivery is given the railway

administration shall furnish to the consignee or endorsee a Partial Delivery Certificate as

specified in Such. II.

SCHEDULE - I

(See rules 4 and 5)

RECORD OF OPEN DELIVERY OF CONSIGNMENT

No …………………………….Date……………………….. Station Stamp From………………………

To………………. Via ……………. lnvoice No……………. R.R. No……………………….. dated…………………..

Consignment of ………….. Wagon No……………… Sender…………………

Consignee/Endorsee…………………………. Remarks on the R.R. Actual condition of packing found

at the time of giving open delivery (wherever relevant)……………………. Delivery remarks

(extent of Damage. Shortage and how arrived

at)…………………………………………………………………………..

……………………………………………………………………………………………

Signature In full of the consignee/ Signature In full of the Railway

endorsee or his authorised Servant. with designation. granting

representative taking open open delivery.

delivery with date ……………….

Name of consignee/endorsee/or his

authorised representative

……………………………………………….

Full Address ………………………………

SCHEDULE - II

PARTIAL DELIVERY CERTIFICATE

(See rule 9)

The………………………..Railway has delivered …………………number of packages of

………………..forming part of the consignment…………… booked from…………………… to………………..

via……………………… under invoice No………………………..Railway Receipt No………………..dated

…………………………..Consisting of…………………Pacakges of ……………….

Signature In full of the Railway

Servant, with designation, granting

partial delivery.

THE DISPOSAL OF CONSIGNMENT RULES, 1990


(1) These rules may be called the Disposal of Consignment Rules. 1990.

(2) They shall come into force on the date of their publication in the

Official Gazette.

2. Manner of disposal of detained or unclaimed consignment.-

(1) If any consignment,-

(a) detained under Sec. 83 of the Railways Act, 1989, or

(b) treated as unclaimed in respect of which notice under Sec. 84 of the said Act

1989 cannot be served or there is a failure to comply with the requisition in

the said notice, is not sold by public auction, the Divisional Commercial

Superintendent may, on being of the opinion that it is not expedient to hold

the auction, record therefore in writing and may direct the sale of

consignment or part thereof by inviting offers.

(2) Offers for the purchase of consignment may be invited,-

(b) from the regular dealers of such goods as are in the consignment; or

(c) from such departments of the Central Government and of the State

Government as appear likely to purchase such goods; or

(d) from the Government undertakings.

3. The highest of the offers of price may be accepted by the Divisional Commercial

Superintendent and the goods may be sold to the highest offerer;

4. Where only one offer is received, the Divisional Commercial Superintendent may.

keeping irl view the condition and quality of the goods and the prevailing market

rate, accept the offer if he considers such offer to be a fair price for the goods

and the goods may be sold to that offerer.

2. Notice for public auction.- Where there is no local newspaper in

which notice of the public auction can be published, such notice shall be displayed at a

conspicuous place,-

(a) at the goods, shed;

(b) at the parcel office:

(c) at the lost property office, if any, or

(d) at the premises where such auction is to be held.

GOODS

Government of India

Ministry of Railways

(Railway Board)

New Delhi -110001

No. 2001/TT-llI/27/1 New Delhi, dated: 22.06.2006

GENERAL ORDER No. 1/2006

(Rationalisation Scheme)

(Effective from 01.07.2006)

Whereas in the opinion of the Railway Board it is necessary so to do in the

public interest;

now, therefore, in exercise of the powers conferred by Section 71 of the

Railways Act, 1989 (24 of 1989) read with notification of the Government of India in the

Ministry of Railways number G.S.R 53(E) dated the 23rd January, 1995, the Railway Board

hereby directs that all Railway Administration shall carry, unless it is necessary to divert

such wagons for operational convenience after the consignments are booked, any goods or

class of goods by such route or routes as specified in this order.

1. EAST CENTRAL RAIL WAY

Para

No.

TRAFFIC To be booked

and routed via FROM TO

1.1 All goods traffic from Eastern,

East Central, South Eastern

Railway and East Coast Railway

for which the shorter route is via

Chunar/Chopan or Singrauli/

Mahadiya.

Stations on Central, West

Central, Northern, North

Central, North Western and

Western Railways.

Via Mughalsarai

Note: The provisions of para 1.1. will not be applicable to traffic originating on

Renukut-Chopan/Shaktinagar/Singrauli/Mahadiya Section.

2. EAST COAST RAILWAY

2.1 All Goods Traffic Stations reached

via Cuttack.

Via Barang – Kapilas Road by-

pass avoiding Cuttack.

2.2. Coal from Bilaspur and

Khurda Road Divisions.

Stations from

Howrah and

Sealdah Divisions

of Eastern Railway.

Via Mohashila.

3. NORTHERN RAILWAY

3.1 All goods traffic Destinations reached

via Delhi Area or

originating/

terminating in Delhi

Area.

Via Goods Avoiding Line / Delhi

Avoiding Line/ Tughlakabad

whichever is applicable.

Note Traffic for Subzi Mandi will be routed by the direct route.

3.2. All goods traffic from and

via Varanasi

Lucknow and beyond Via Janghai

Pratapgarh-Rai

Bareilly

3.3. Food grains traffic from

stations on Northern

Railway and Bikaner and

Jodhpur Divisions of North

Western Railway.

a) Nagpur – Rourkela

(excl) section including

Raipur – Vizianagarm and

Jharsuguda – Titlagarh

stations for which the shorter

route is via Anuppur –

Bilaspur.

b) Howrah (excl) –

Kharagpur (excl) including

branch line from Pansukura

to Haldia Siding and

Santragachi to Shalimar

Branch lines.

c) Kharagpur – Waltair

section.Kharagpur – Rourkela

(excl) section including Tata

– Badampahar branch line,

Rajkharswan Dongaposi

branch line and Bondamunda

– Kiriburu Branch line.

Bondamunda – Hatia (excl)

branch line including

Rourkela – Birmitrapur

branch line

Via Itarsi – Amla –

Nagpur/Ajni Bye-

pass

Via Mughalsarai -

Gomoh

Via Mughalsarai -

Gomoh

4. SOUTH EASTERN RAILWAY

4.1. All goods traffic from

Haldia Port

Bokaro SteelPlant/IISCO and

vice-versa

Via Dankuni

4.2 All goods traffic from

Haldia area viz. Haldia

Dock complex as well as

sidings served by

Durgachak.

Stations on Northern, North

Central, North Eastern

Railway.

Via Dankuni

4.3 Iron Ore traffic from

Barsuan – Bondamunda

section of South Eastern

Railway.

Bhadrak – Paradeep Port for

which shortest route is via

Jharsuguda – Sambalpur.

Via Tatanagar –

Kharagpur – Bhadrak –

Barang – Kapilas Road

Bye-Pass avoiding

Cuttack.

5. SOUTH EAST CENTRAL RAILWAY

5.1. Coal from Korea – Rewa

Coal field of Bilaspur

Division.

Stations on Central Railway

and via

Via Katni Munwara.

5.2. Coal from Korea – Rewa

Coal field of Bilaspur

Division.

Stations on Southern and

South Central Railways and

stations of Mumbai Divisions

of Western Railway.

Via Katni – Bina –

Khandwa – Bhusaval.

5.3. All goods traffic originating

on main line of Bilaspur

Division (Jharsuguda

(exclusive) – Durg

(inclusive) and Uslapur

(exclusive) including all

branch lines connected on

this section.

Stations on Vadodara and

Rajkot Divisions of Western

Railway.

Via Nagpur – Bhusawal

– Jalgaon – Surat.

5.4. All goods traffic originating

from Bhilai Steel Plant and

Durg.

Stations on Southern

Railway.

Via Nagpur –

Balharshah instead of

via R.V. Line.

6. WESTERN RAILWAY

6.1 All goods traffic Requiring passage across

Talala- Visavdar.

Via Jetalsar- Veraval

section

7. WEST CENTRAL RAILWAY

7.1. All goods traffic from

Jabalpur Division.

Stations on Adra, Asansol,

Howrah and Sealdah

Divisions for which the

shorter route is via Katni

Singrauli.

Via Chheoki –

Mughalsarai.

8. KONKAN RAILWAY CORPORATION LIMITED

8.1. All traffic originating from

Belari – Hospet Section

(both inclusive) of South

Western Railway.

Mangalore area Via Castle Rock –

Madgaon – Thokur.

9. The provisions of the Rationalisation Scheme shall not apply to Over Dimensional

Consignments, POL traffic and edible salt i.e. salt for human consumption.

10. The rate to be charged will be those chargeable by the route specified above.

11. The provisions of the Rationalisation Scheme will also apply to the branch lines

connected with the different sections covered by the Rationalisation Scheme General

Order unless categorically specified otherwise.

12. This order is issued in supersession of General Order No.1 of 2000 issued under

Board's letter No. 99/TT-III/27/1 dated 23.10.2000 and will come into force with

effect from 01.07.2006 and unless cancelled earlier will remain in force upto

30.06.2007.

THE RAILWAYS (PUNITIVE CHARGES FOR

OVERLOADING OF WAGON) RULES, 2006

G.S.R. 759 (E), dated 19th December 2006 - ln exercise of the powers conferred by

sub-section (1) read with clause (d) of Sub section (2) of Sec. 87 of the Railways Act. 1989

(24 of 1989) and in supersession of the Railways (Punitive charges for overloading of

wagon) Rules – 2006 except as respects things done or omitted to be done before such

supersession, the Central Government hereby makes the following rules for Punitive charges

for overloading of wagons under Section 73 of the said Act namely:

1. Short title and commencement.-( 1) These rules may be called the

Railways (Punitive Charges for Overloading of Wagon) Rules, 2006.

2. They shall come into force with effect from 01.01.2007.

2. Definitions.- In these rules, unless the context otherwise requires.-


(b) “section” means the section of the Act.

(c) "Class rate" means the freight rate applicable to a commodity as per the

clause assigned to that commodity.

(d) "Permissible carrying capacity" means the normal carrying capacity

determined under sub-section (2) or (3) of Sec. 72 or where a railway

administration has determined a varied carrying capacity under sub-section (4)

of Sec 72, such varied carrying capacity whichever is higher.

(e) "Schedule" means the Schedule to these rules.

(f) “Normal freight” means the freight charge recoverable on a commodity at the

class rate for the weight for the commodity loaded upto permissible carrying

capacity plus 1 tonne or 2 tonnes as the case may be, as specified in the

Schedule.

(g) Words and expression used and not defined in these rules but defined in the

Act shall have the meaning respectively assigned to them in the Act.

1. Punitive charges for overloading. -Where the commodities are over

loaded in Railway wagon, the railway administration shall recover punitive

charges as provided in part I and II of the situation „A‟ and „B‟ of the

Schedule, from the consignor, the consignee or the endorsee, as the case

may be, for the entire distance to be traveled by the train hauling the wagons

from the originating station to the destination poin, irrespective of the point of

detection of over loading.

Provided that no punitive charges will be levied if the customer carries out

load adjustment at the originating station itself in case of detection of

overloading at originating point.

SCHEDULE

Situation – A

If the aggregated pay load in a rake does not exceed the combined permissible carrying

capacity of the rake, the punitive charges shall be levied as per following:

Part - I

For „ Enhanced CC‟ commodities loaded in 8-wheeled wagons

(except BOX, BOST and BOY wagons)

______________________________________________________________________

Extent of overloading Punitive Charges leviable on the entire

weight of commodity loaded in excess of

permissible carrying capacity and loading

tolerance of 2 tonnes*.

______________________________________________________________________

1 2

______________________________________________________________________

If the weight of commodity

exceeds the permissible carrying

capacity of the wagons

(a) Upto 2 tonnes NIL

(b) By more than 2 tonne but not

more than 5 tonnes.

2 times of the freight rate applicable to the

commodity.

(c ) By more than 5 tonnes. 3 times of the freight rate applicable to the highest

class.

* For removal of doubts, it is hereby declared that on the weight exceeding the permissible

carrying capacity upto 2 tonnes, the normal freight at the rate applicable to the class

assigned to the commodity shall be recoverable and punitive charges will be recovered for

the entire weight of the commodity in excess of permissible carrying capacity and loading

tolerance of 2 tonnes.

PART-II

For ‘Enhanced CC’ commodities loaded in BOX, BOST and BOY and all other types

of wagons (except 8-wheeled wagons);

For ‘CC’ commodities loaded in all types of wagons; and

For container traffic.

_____________________________________________________________________



permissible carrying capacity and loading

tolerance of 1 tonne*.

______________________________________________________________________

2 2

______________________________________________________________________




(a) Upto 1 tonne NIL


more than 4 tonnes.

2 times of the freight rate applicable to the

commodity.


class.


carrying capacity upto 1 tonne, the normal freight at the rate applicable to the class

assigned to the commodity shall be recoverable and punitive charges will be recovered for

the entire weight of the commodity in excess of permissible carrying capacity and loading

tolerance of 1 tonne.

Situation – B

If the aggregated pay load in a rake does not exceed the combined permissible carrying

capacity of the rake, the punitive charges shall be levied as per following:

Part - I

For „ Enhanced CC‟ commodities loaded in 8-wheeled wagons

(except BOX, BOST and BOY wagons)

____________________________________________________________________



permissible carrying capacity.

______________________________________________________________________

1. 2.

______________________________________________________________________




(a) Upto 2 tonnes NIL*

(b) By more than 2 tonnes but not

more than 5 tonnes.

3 times of the freight rate applicable to the highest

class.


class.


carrying capacity upto 2 tonnes, the normal freight at the rate applicable to the class

assigned to the commodity shall be recoverable.

PART-II

For ‘Enhanced CC’ commodities loaded in BOX, BOST and BOY and all other types

of wagons (except 8-wheeled wagons);

For ‘CC’ commodities loaded in all types of wagons; and

For container traffic.

_____________________________________________________________________



permissible carrying capacity.

______________________________________________________________________

1. 2.

______________________________________________________________________




(a) Upto 1 tonne NIL*


more than 4 tonnes.

3 times of the freight rate applicable to the highest

class.


class.


carrying capacity upto 1 tonne, the normal freight at the rate applicable to the class

assigned to the commodity shall be recoverable.

THE RAILWAY (DISPOSAL OF GOODS NOT

REMOVED FROM NOTIFIED RAILWAY

STATIONS) RULES, 1990

G.S.R 554 (E), dated 7th June, 1990 1.-In exercise of the powers conferred by

sub-section (1) of Sec. 92 of the Railways Act. 1989 (24 of 1989). read with Sec. 22 of the

General Clause Act. 1897 (10 of 1897). The Central Government hereby makes the

following rules, namely:

1. Short title and commencement.-(I) These rules may be called the Railway

(Disposal of Goods not Removed from Notified Railway Stations) Rules. 1990.


2. Definitions.-In these rules. unless the context otherwise requires.


(b) "Form" means a form set out in the Schedule.

(c) "Schedule' means the Schedule to these rules.

(d) "Section" means a section of the Act.

3. Form and manner in which an application may be made under sub-section

(2) of Sec. 89.-If any person delivering to a railway administration any goods to be

carried to a notified station desires that the railway administration should intimate the

arrival of the goods at the notified station, he shall along with the Forwarding Note

make an application in the Form 1. along with necessary postage charges.

4. Form in which a statement is to be exhibited - The statement required to be

exhibited at a conspicuous place in the notified station under sub-section (3) of Sec. 89

shall be in Form II.

5. Manner in which dates of public auction to be notified - (1) Whenever it is

proposed to sell any goods by public auction under sub-section.

(1) of Sec. 90. the railway administration shall notify the date on which such

auction shall be held.

(2) Whenever such auctions are to be held regularly at a notified station, it shall

be enough if the days on which such auction shall be held are fixed and

published in one or more local newspapers.

(3) The notification in the newspapers shall also indicate the time and place of

such auction and mention that the particulars of the goods proposed to be

sold by public auction are exhibited on the notice board in the goods shed or

any other place to be specified.

(4) Whenever such auction is to be held occasionally, in addition to the

particulars mentioned in sub-rules (2) and (3), the auction notice shall also

broadly indicate the types of commodities proposed to be sold by auction.

(5) The date of every such auction shall be published in one or more local

newspapers at least three days in advance of the date of auction (excluding

the date of sale).

(6) Manner of crediting the price of essential commodities referred in sub-clause

(iii) of CI. (a) of the proviso to sub-section (3) of Sec. 90.-Whenever any

goods comprising of essential commodities are transferred to the Central

Government or the State Government or to any agency, co-operative

society or other person under sub-section (2) of Sec. 90, the price payable

for such goods under the Act shall be paid to the railway administration in

the following manner: -

(a) If such goods are transferred to the State Government or the Central

Government, the payment may be made either by cash, bank draft, cheque, credit note in

the same manner as the railway freight is paid by such Government, or in any other manner

as may be agreed to between the railway administration and the Government concerned.

(b) If such goods are transferred to any agency or co-operative society or other

person under the direction of the Government, the payment may be made in cash or any

other mode authorised by the railway administration for payment of freight by such agency

or co-operative society or other person or in any other manner as may be agreed to

between the railway administration and such agency or co-operative society or other

person.

SCHEDULE

FORM I

(See rule 3)

APPLICATION FOR INTIMATING THE ARRIVAL OF

GOODS AT NOTIFIED STATION

To

The ……….. ………………………………………………………….

…………………………………………………………………….

(Booking station)

I have separately submitted a Forwarding Note for booking goods. The particulars of

which are given below:

Name of the Consignor

Station from………………………………..

Station to……………………………………..

No. of articles and description of goods

2. It is requested that the Intimation about the arrival of the goods at the destination

station------------ which is a notified station, may be given by registered post, to the person

whose name and address are given below:

Name

Address

Signature of sender or his agent.

FORM – II

(See Rule 4)

The statement of goods liable to be sold by public auction under sub-section

(3) of section 89 of the Railway Act. 1989 to be exhibited at a Notified station.

Sl.

No.

Name of

the

Consignor

Name of

the

Consignee

(If

known)

Booking

station

from

Booking

station

to

invoice

No.

and

date

Description

of good

Date of

arrival

of

goods

Date

of

auction

1 2 3 4 5 6 7

MlNIS1RY OF RAILWAYS

(RAILWAY BOARD)

NOTIFICATION

New Delhi, the 27th July, 2006

S.O. 1223(E) - In exercise of the powers conferred by Sub-section (1) of Section 89

of the Railways Act, 1989 (No. 24 of 1989), the Central Government, being satisfied that it

is necessary that the goods booked by trains intended solely for the carriage of goods to

any Railway Station should be removed without delay from such Railway Station and having

regard to the factors specified in the first proviso to that Sub-section hereby declares the

following Railway Stations as 'Notified Stations' for the purpose of removal of goods without

delay from such Stations for a period of six months with effect from 25-8-2006 namely :-

Central Railway

1 Ahmednagar 11 Kalamboli 21 Nasik Road

2 Amravati 12 Kalyan 22 New Mulund Goods Shed

3 Akola 13 Khamgaon 23 Nhava Sheva Port Trust

4 Ambaranth Goods Shed 14 Khandwa 24 Pune

5 Belapur 15 Kolhapur(Gur Market) 25 Roha

6 Betul 16 Kurduwadi 26 Sangli

7 Bhigwan 17 Miraj 27 Solapur

8 Chandrapur 18 Nagpur 28 Turbhe Goods Complex

9 Dhule 19 Nagothane 29 Wadi Bunder

10 Jalgaon 20 Nandgaon 30 Wardha

East Central Railway

31 Begusari 35 Fatuwah 39 Motihari

32 Daltonganj 36 Gaya 40 Mughalsarai

33 Dhanbad 37 Karpoori Gram 41 Naryanpur Anant

34 Dehri-on-sone 38` Koderma

Eastern Railway

42 Asansol 50 Cossipore Road 58 Malda Town

43 Ballygunge 51 Durgapur 59 Naihati

44 Bardhman 52 Habra 60 New Alipur (Kolkata)

45 Barasat 53 Howrah Goods 61 Raniganj

46 Berhampore Court 54 Howrah Parcel 62 Sainthia

47 Bhagalpur(B.G.) 55 Jasidih 63 Sealdah

48 Budge Budge 56 Kalyani 64 Sealdah Parcel

49 Chitpur 57 Krishnanagar City

Jn.

65 Ultadanga

East Coast Railway

66 Bhadrak 71 Khurda Road 76 Sambalpur Parcel

67 Bhubaneswar 72 Mandirhasaud 77 Visakhapatnam(Parcel)

68 Brahmapur 73 Puri Parcel 78 Vizianagram (Parcel)

69 Cuttack 74 Rayagada

70 Jajpur Keonjhar Road 75 Sambalpur

East Coast Railway

79 Alamnagar 96 Gurgaon 113 Panipat

80 Amritsar 97 Hardoi 114 Palwal

81 Ayodhya 98 Harthala 115 Partapur

82 Bahadurgarh 99 Jagadhri 116 Phagwara

83 Ballabhgarh 100 Jalandhar City 117 Rae Bareli

84 Bareilly 101 Jalandhar Cantt 118 Rajpura.

85 Barabanki 102 Jammu Tawi 119 Rainpur

86 Batala 103 Kaithal 120 Rohtak

87 Bari Brahman 104 Karnal 121 Shahjahanpur

88 Chandigarh 105 Ludhiana 122 Shakurbasti

89 Chaneti 106 Mandi Gobindgarh 123 Subzi Mandi

90 Delhi Kishanganj 107 Meerut Mandi 124 Suranussi

91 Delhi Shahdara 108 Moradabad 125 Thomsonganj

92 Dhandari Kalan 109 Muzaffarnagar 126 Tugalakabad

93 Faizabad 110 Nangloi 127 Varanasi

94 Faridabad 111 Naya Azadpur

95 Ghaziabad 112 Okhla

North Central Railway

128 Agra Cantt. Parcel 132 Gwalior 136 Mathura

129 Agra Fort Parcel 133 Iradatganj 137 Morena

130 Aligarh 134 Jhansi 138 Naini

131 Firozabad 135 Kanpur Central

Goods Shed

139 Yamuna Bridge (Goods

Shed)

North Eastern Railway

140 Basti 143 Gorakhpur (B.G.) 146 Mau Jn.

141 Deoria Sadar 144 Indara Jn. 147 Nakha Jungle

142 Gonda 145 Kushmi 148 Siwan

North East Frontier Railway

149 Dimapur 154 Kishanganj 159 New Jalpaiguri (M.G.)

150 Dharmanagar 155 New Bongaigon

(B.G.)

160 North Lakhimpur

151 Guwahati (Parcel) 156 New Bongaigon

(M.G.)

161 Silchar

152 Karimganj 157 New Guwahati

(B.G.)

162 Tinsukia Goods

153 Katihar 158 New Jalpaiguri

(B.G.)

North Western Railway

163 Abu Road (Parcel) 167 Bhagat ki kothi 171 Narnaul (M.G.)Goods

164 Ajmer (Parcel) 168 Bhilwara (Parcel) 172 Rewari (B.G.)

165 Alwar 169 Jaipur (Parcel) 173 Udaipur City (Parcel)

166 Beawar (Parcel) 170 Kanakpur (Goods)

Southern Railway

174 Arakkonam 182 Erode Jn 190 Quilon (B.G. Goods)

175 Calicut (Parcel office) 183 Erode Parcel Office 191 Royapuram

176 Cochin Harbour

Terminus

184 Katpadi(B.G.) 192 Salem Jn.

177 Coimbatore North Jn 185 Kudalnagar 193 Salem Market (B.G.)

178 Coimbatore (Parcel

office)

186 Madras Parcel 194 Trichur

179 Dindigul (B.G.) 187 Madras Salt Cotaurs 195 Tiruchirapalli Goods

(B.G. & M.G.)

180 Ernakulum Goods 188 Mangalore 196 Trivandrum Central

(PO)

181 Ernakulum Jn. P.O. 189 New Parcel

Comp.(Salt Cotaurs)

197 Virudhunagar (B.G.)

South Central Railway

198 Adilabad 206 Nanded 214 Renigunta

199 Aurangabad 207 Nizambad 215 Sanathnagar Old

Goods Shed

200 Bhimavaram Town 208 Parbhani 216 Sanathnagar

201 Cuddappah 209 Parli Vaijnath 217 Tadepalligudem

202 Jaggayyapet Town 210 Peddapalli 218 Vijayawada

203 Jalna 211 Raichur 219 Warangal

204 Kakinada Port 212 Rajahmundry

205 Karimnagar 213 Reddipalem Goods

Shed

South Eastern Railway

220 Abada / SGTY 230 Dongaposi 240 Pan skura

221 Adra 231 Jhargram 241 Purulia

222 Balasore 232 Jharsuguda 242 Radhanagar

223 Bankura 233 Hatia

243 Rourkela

224 Bhaga St.(Bhaga Goods

Shed)

234 Kalaikunda 244 Rukni

225 Bishnupur 235 Kharagpur 245 Rupsa

226 Bokaro Steel City 236 Lohardaga Goods

Shed

246 Shalimar

227 Burnpur 237 Midnapur 247 Soro

228 Chandrakona Road 238 Muri 248 Tatanagar

229 Chaurashi 239 Namkom 249 Tatisilvai

South East Central Railway

250 Akaltara 259 Chhindwara 268 Rupaund

251 Amgaon 260 Dongargarh 269 Rajnandgaon

252 Baradwar 261 Durg 270 Raigarh

253 Belha 262 Gondia 271 Shahdol

254 Bhatapara 263 Itwari 272 Tilda

255 Bilaspur 264 Kalumna 273 Tirodi

256 Bishrampur 265 Raipur Store Depot

(RSD)

274 Umaria

257 Champa 266 Raipur 275 Usalapur

258 Chandia Road 267 Ramtake 276 Wadsa

South Western Railway

277 Baiyappanahalli 283 Gadag 289 New Mysore Goods

Tenninal

278 Bangalore City (Parcel) 284 Hospet 290 Sanvordam

(Kudachere)

279 Belgaum 285 Hubli(Goods) 291 Sattelite Goods

Tenninal/W. F.

280 Bellary 286 Hubli(Parcel) 292 Shimoga Town

281 Bijapur 287 Koppal 293 Tinaighat

282 Davangere 288 Mysore

Western Railway

294 Ahmedabad (BG & MG)

Parcel

305 Godhra 316 Nadiad

295 Anand 306 Hapa 317 Nagda (Parcel)

296 Ankleshwar 307 lndore (B.G.)

(Parcel)

318 Parcel Depot Grant

Road

297 Bandra Terminus

(luggage)

308 lndore (M.G.)

(Goods & Parcel)

319 Rajkot

298 Bharuch 309 Jogeshwari

AT(Goods)

320 Ranoli (Goods)

299 Bhavnagar Terminus 310 Junagadh 321 Ratlam (B.G. & M.G.)

(Parcel)

300 Bhimasar 311 Kandla Port 322 Surat (Goods & Parc

301 Chittaurgarh 312 Kankariya 323 Ujjain

302 Dahod 313 Lakshmibai

Nagar(Goods)

324 Vadodara Jn(Parcel) &

Vadodara marshalling

Yard(Goods)

303 Dewas 314 Mumbai Central

(Luggage)

325 Viramgam

304 Gandhidham 315 Mundra Port

Tenninal

326 Windmill

West Central Railway

327 Bhopal 329 Satna 331 Katni-Murwara (Goods

Shed)

328 Kachhpura 330 Kota

THE WEIGHMENT OF CONSIGNMENTS (IN WAGON-LOAD OR TRAIN-LOAD}

RULES, 1990

G.S.R. 615 (E), dated 3rd July, 19901 - In exercise of the powers conferred by CI.

(g) of sub-section (2) of Sec. 87 read with Sec. 79 of the Railways Act. 1989 (24 of 1989).

the Central Government hereby makes the following rules, namely:-

1. (1) These rules may be called the Weighment of Consignments (in Wagon-load or Train-

load) Rules. 1990.


2. Definitions -In these rules unless the context otherwise requires:


(b) "Schedule" means Schedule annexed to these rules

(c) "Train-load consignment" means consignment carried at train-load rate as

notified by the Central Government from time to time;

(d) 'Wagon-load consignment" means consignment carried at wagon-load rate as

notified by the Central Government from time to time:

(e) Words and expressions used and not defined in these rules but defined in the

Act shall have the meaning respectively assigned to them in the Act,

3. Weighment of Wagon-load or Train-load consignments at destination.-

(1) The consignee or the endorsee of a wagon-load or a train-load consignment

booked at railway risk rate may. if he has reason to believe that the wagon offered to him

for delivery at destination does not contain the quantity of goods entrusted for carriage,

make a request in writing to the Divisional Commercial Superintendent or any other railway

servant

authorised in this behalf for the weighment of such consignment at destination station.

(2) Subject to the provisions of rule 4. any railway servant authorised in this behalf may

allow request for weighment under sub-rule (1) on a railway weigh-bridge on the payment

of.-

(i) charges for weighment of wagons as specified in Sch. I;

(ii) additional charges. for haulage of a wagon irrespective of distance. as specified in

Sch. II. if due to non-availability of railway weigh-bridge at the destination station. the

wagon has to be sent to another station for weighment:

Provided that if the wagon had to be sent to another station due to the weigh-bridge

at the destination station being out of order no additional charges shall be levied for such

haulage.

(iii) demurrage charges if any.]

4. Circumstances for disallowing weighment -Where a request has been made

under rule 3. any railway servant authorised in this behalf may disallow such request if :

(1) the consignment is received in covered wagon and the seals of the loading station

are intact and there is not other evidence of the consignment having been tampered in

transit:

1. Published in the Gazette of India Extraordinary, Pt. II, Sec. 3 (i), dated 3rd July,

1990.

2. Subs. by G.S.R. 854 (E), dated 23rd October, 1990 (w.e.f. 1st November, 1990).

(2) the consignment has been received in open wagon and there is no sign of tampering

of the original packing or other evidence of such consignment having been tampered in

transit;

(3) the consignment is of perishable nature and is likely to lose weight in transit;

(4) in the opinion of such railway servant. the weighment is not feasible due to

congestion in the yard. .

5. Weighment without prejudice - Weighment done on request under rule 3 shall be

without prejudice to the rights of the railway administration to disclaim liability under the

Act or under any other law for the time being force.

SCHEDULE I

[See sub-rule 2 of rule 3]

CHARGES FOR WEIGHMENT OF WAGONS AT THE DESTINATION

Description of Wagon Weighment

charges

(i) (a) Per B.G. 8-wheeled wagon Rs. 3620.00

(b) Per B.G. 4-wheeled wagon Rs. 1450.00

(ii) (a) Per M.G. 8-wheeled wagon Rs. 1000.00

(b) Per M.G. 4-wheeled wagon Rs. 500.00

(iii) Per N.G. 4-wheeled wagon Rs. 280.00

SCHEDULE II

[See sub-rule (29) of rule 3)

ADDITIONAL CHARGES FOR HAULAGES OF WAGONS

Description of Wagon Weighment

charges

(i) (a) Per B.G. 8-wheeled wagon Rs. 3620.00

(b) Per B.G. 4-wheeled wagon Rs. 1450.00

(ii) (a) Per M.G. 8-wheeled wagon Rs. 1100.00

(b) Per M.G. 4-wheeled wagon Rs. 550.00

(iii) Per N.G. 4-wheeled wagon Rs. 310.00

Note-lf a wagon is to be sent to another station on account of the weigh-bridge at

the destination station being out of order, additional charges shall not be levied.

THE RAILWAYS (PRESCRIPTION OF INFECTIOUS

AND CONTAGIOUS DISEASES FOR ANIMALS)

RULES, 1990

G.S.R. 553 (E), dated 7th June, 1990 1.-In exercise of the,..- powers conferred by

Cl. (c) of sub-section (2) of Sec. 87 of the Railways Act, 1989 (24 of the 1989), read with

Sec. 22 of the General Clauses Act, 1897 (10 of 1897), the Central Government hereby

makes the following rules, namely:

1. Short title and commencement.-( 1) These rules may be called the Railways

(Prescription of infectious and Contagious Diseases for Animals) Rules, 1990.


2. Definition.-In these rules "Act" means the Railways Act, 1989 (24 of 1989).

3. Animals suffering from infectious or contagious diseases.-For the purpose of Sec.

68 of the Act. the Following diseases of animals are prescribed to be infectious or

contagious in nature, namely:

(1) Cattle and Buffaloes.-Rinderpest, Foot and Mouth diseases, contagious bovine

Pleuropneumonia, Anthrax, Rabies, Tuberculosis, Para-Tuberculosis, Theileriosis,

Brucellosis, Haemorrhagic, Septicaemia, Black Quarter, Leptopirosis. Piroplasnosis.

Anaplasnosis.

(2) Sheep and Goats.-Rinderpest, Foot and Mouth Diseases,Anthrax, Rabies, Blue

Tongue, Brucellosis, Sheep Pox, CCPP, contagious Ecthema, Goat Pox.

(3) Horses. Donkeys and Mules.-Glanders, Anthrax, EIA, Equine Influenza,

Rhinopnecumonitis, Trypenosomiasis.

(4) Pigs.-Hog Cholera, Foot and Mouth Diseases, Rinderpest, Anthrax.

(5) Poultry.-Ranikhet Disease, Fowl Pox, Bacillary, Diarrhoea, Infectious Bronchitis,

Marek's Disease, Infectious Coryza, ILT Gumboro CRD and Fowl Cholera.

(6) Dogs and Cats.-Rabies, Distempar. Parvovirus, Infection, Leptospirosis, Hepatitis.

THE RAILWAYS (PRESCRIPTION OF

OFFENSIVE GOODS) RULES, 1990

G.S.R, 555 (E). dated 7th June, 1990 1 ,-In exercise of the powers conferred by cr.

(b) of sub-section (2) of Sec. 87 of the Railways Act. 1989 (24 of 1989). read with Sec. 22

of the General Clauses Act. 1897 (10 of 1897).the Central Government hereby makes the

following rules. namely:

1. Short title and commencement.-(i) These rules may be called the Railways

(Prescription of Offensive Goods) Rules. 1990.

(ii) They shall come into force on the date of commencement of the Railways Act.

1989 (24 of 1989)

2. Definition.-In these rules. "Act' means the Railways Act. 1989 (24 of 1989).

3. Goods declared to be offensive In nature.-For purpose of the Act. the

following goods shall be the goods of offensive nature. namely:

(1) Dried blood;

(2) Corpses;

(3) Carcasses of dead animals;

(4) Bones excluding bleached and cleaned bones.

(5) Municipal or street sweepings or refuse;

(6) Manures of any kind including Myceilium except chemical manures.

(7) Rags, other than oily rags.

(8) Any decayed animal or vegetable matter.

(9) Human ashes

(10) Human skeletons;

(11) Parts of human body.


(Railway Board)

NOTIFICA TION

New Delhi, the 15th July, 2005

G.S.R. 479(E).- In exercise of the powers conferred by clause (b) of sub-section (2)

of section 87 read with sections 30 and 31 of the Railways Act, 1989 (24 of 1989), the

Railway Board hereby makes the following amendments to the Railway Red Tariff Rules,

2000, namely:-

(1) These rules may be called the Railway Red Tariff (Amendment) Rules, 2005,


Gazette.

2. In the Railway Red Tariff Rules, 2000, in Chapter II -

(i) in rule 212.5, for the words an chlorine ". the words and brackets phosgene" shall be

substituted.

(ii) in Appendix 11/'2, after para 9, the following shall be namely :-

Phosgene

10. Phosgene is a non-inflammable, colourless gas, more than three times as heavy as

air, Phosgene under pressure is readily liquefied and gives colourlessness to light yellow

liquid It has odour of sour green corn or moldy hay ~ often suffocating and strong,

depending upon; concentration, Phosgene is designated as poison of extremely dangerous

nature which produces lethal effect.

11. It is soluble in organic solvents e.g. Carbon tetrachloride, chloroform, Benzene,

Toluene, Xylene, Chlorobenzene, etc., and slightly soluble in water. It is hudrolized by

water to form corrosive hydrochloric acid and carbon dioxide. At higher temperatures, it

dissociates into Carbon monoxide and Chlorine,

12. Suspected leaks of Phosgene should be detected only by personnel who are wearing

suitable gas masks, using ammonia vapour devices as Phosgene produces white fumes in

the presence of Ammonia.

13. The following are warning symptoms of Phosgene poisoning -

(i) Watering of eyes.

(ii) Coughing which may result in a thin, frothy expectoration.

(iii) Increased difficulty in breathing and lung irritation.

(iv) Headache, dizziness, nausea and vomiting;

(v) General weakness and collapse leading to unconsciousness and cessation of

breathing.

At first sign of these symptoms, a person shall immediately leave me dangerous

atmosphere. A warning notice shall be displayed and detection test be carried out before

anyone is allowed to enter, unless he is wearing an approved breathing apparatus and the

entry is permitted by a responsible person.

14. WHEN PHOSGENE LEAK IS DETECTED. SLAKED LIME ALKALI OR ALKALI SOLUTIONS

SHOULD BE LIBERALLY THROWN OVER THE LEAKING CYLINDER AND ON THE FLOOR OF

THE WAGON OR SHED WHERE LEAK HAS OCCITRRED.

“WATER SHOULD NOT BE SPRAYED ON PHOSGENE GAS AS IT GI'~S OUT

CORROSIVE HYDROCHLORIC ACID AND CARBON DIOXIDE."

3. (i) In Chapter III. under the heading "Petroleum and other inflammable Liquids", in

Table; III, after the item Turpentine oil or spirits of turpentine substitutes (White spirit)

Varnish having flash point below 650 C but not below 230 C and the entries relating thereto,

the following shall be inserted, namely:-

1 2 3 4 5 6

Alpha Should be packed in galvanised Avoid and keep away from flame

Pinene Iron Drums or epoxy coated M.

S. Drums of appropriate gauge

specified in Appendix III/1 to

Rule 307.2 of Red Tariff No.20

leaving adequate air space in

the drums or ISO containers

with maximum weight per

package 175 kgs. loaded in 20

feet (6.096 mt.) ISO containers

with maximum permitted

weight of 18-20 tonnes each

(approx.). The minimum weight

condition for two containers per

flat wagon shall be thirty six

tonnes.

during storage and

transportation, keep in closed

container, store in a cool place.

(ii) In Chapter III, after Appendix llI/2, the following shall be inserted namely:-

Appendix III/3

4. In Chapter IV, in Table IV, -

(i) After the item "Zinc dust or tutty Powder" and the entries relating thereto, the

following shall be inserted, namely:-

1 2 3 4 5 6

2.2 – Azobis

(isobutryonitrile)

Flammable

Azodicarbonamide/

Diazene

dicarboxamide/

Azobisformanide

Inner -polythene liner

Outer-fibre box/plastic /

wooden box

Max. Wt. per drum -50 kg. Size of

container -20 feet (6.096 metres)



wooden box



(ii) after tile item "Celluloid ware NOC (Nitro -based, apparently translucent)", the

following shall be inserted, namely:-

1 2 3 4 5 6

N.N. Dinitrosopenta

methylenetetramine

(DNPT)

Diphenyloxide 4.4‟

disulphonhy-

drazide/4.4‟- Oxybis

(benzene sulphonyl

hydrazide inflammable



wooden box

Max. Wt. per drum -50 kg.

Size of container -20 feet

(6.096 metres)



wooden box

Max. Wt. per drum -50 kg.

Size of container -20 feet

(6.096 metres)

(iii) after item "Spent Oxide of Iron from gas purifiers" and the entries relating thereto,

the following shall be inserted, namely:-

1 2 3 4 5 6

P-

Toluenesulphonyl



Semicarbazide

(Hazardous

inflammable

commodity

P-Toluenesulphonyl

Hydrazide

wooden box





wooden box



5. In Chapter V, under the heading Oxidizing Substancei, in Table V, after item

"Chlorate of Soda" and the entries relating thereto, the following shall be inserted,

namely:-

1 2 3 4 5 6

1.3 – Dibromo-

5.5 Dimethyl

hydanation and 1

bromo 3 chloro

Dimethyl

hydanation

(Hazardous

Commodity)

Inner -Plastic liner

Outer-HDUP/HMDPE

drum



6. (i) In Chapter I, under the heading Explosives, the sub-heading Weight for charge and

days of acceptance, for rules 136.1,136.2 and 136.3, the following shall be

substituted, namely :-

“136. Traffic in wagon loads to be accepted in all day" -Traffic in wagon loads shall

be accepted on all days subject to a minimum weight for charge of sixty quintals for

B.G., forty five quintals for M.G. and thirty five quintals for N.G. pet. four wheeled

wagon. "

(ii) In Chapter II, under the headin2 Gases. Compressed, Liquefied or Dissolved under

pressure, the sub-heading Weight for charge and days' of acceptance, for rules

231.1, 231.2 and 231.3, the following shall be substituted namely:-

"231. Traffic in wagon loads to be accepted on all days -Traffic in wagon loads shalt

be accepted on all days, subject to" a minimum weight for charge as prescribed in

the Indian Railway Conference Association Goods Tariff."

(iii) In Chapter III, under the heading Petroleum and Other Inflammable Liquids, the

sub-heading Weight for charge and days of acceptance for rules 329.1,329.2 and

329.3, the following shall be substituted namely:-

"329. Traffic in wagon loads to be accepted on all days -Traffic in wagon loads shall be

accepted on all days, subject to a minimum weight for charge as prescribed in the

Indian Railway Conference Association Goods. Tariff. "

(iv) In Chapter IV under the heading Inflammable Solids the sub-heading weight for

charge and days of acceptance for rules 428.1,428.2 and 428.3. the following shall

be substituted namely:-



Indian Railway Conference Association Goods Tariff."

(v) In Chapter V, under the heading Oxidizing Substances the sub-heading Weight for

charge and days of acceptance for rules 517.1, 527,2 and 527.3, the following shall




Indian Railway Conference Association Goods Tariff,"

(vi) In Chapter VI, under the heading Poisonous (Toxic) Substances the sub-heading

weight for charge and days of acceptance for rules 627.1, 627.2, and 627.3, the

following shall be substituted namely:-



Indian Railway Conference Association Goods Tariff."

(vii) In Chapter VII, under the heading Radioactive Materials, the sub-heading Freight

charges and days of acceptance for rules 708.1, 708.2 and 708.3, the following shall


"708. Whenever, it is necessary to attach empty wagons as guard or dummy wagons for

the safety of a train carrying radioactive materials such wagons will be charged at

the rate notified in the Goods Tariff."

(viii) In Chapter VIII, under the heading Acids and other Corrosives the sub-heading

Weight for charge and days of acceptance for rules 829.1, 829.2 and 829.3, the

following shall be substituted namely:-



Indian Railway Conference A8wciation Goods Tariff."

7. In Chapter VII, in Appendix VIL'S, for the portions beginning with the words "subject

to the provisions" and ending with the words "transport in a passenger train", the

words "Subject to the provisions of sub-rules 707.4, any of the following types of

packages may be booked as a parcel for transport in a parcel special train" shall be

substituted.

Note : The principal rules were published on 15.7.2000 in the Gazette of India Part II,

Section 3, sub-section (i) vide G.S.R No.266 dated 26.6.2000.

Appendix llI/3

(Rule 327.2)

APPENDIX III/3

S. No ……………………

Station …………………….

Division/District …………... Railway

…………………… Date ……………………….

Notice to be served on the consignee

To

………………………………………..

………………………………………..

………………………………………..

Dear Sir/Madam,

Sub : Invoice/PWB

No ………………………………… dated ……………………………………

from ……………………………….. to ……………………………..

I hereby give you notice that the above consignment /parcel of which you are the

consignee is lying undelivered at destination. Please note that if delivery is not effected

within seven days from the date of receipt of this letter on payment of all charges due as

per details given below, arrangements will be made to dispose of it under Sections 83 and

84 of the Railways Act 1989 (24 of 1989) without any further reference being made to you.

In the event of sale, if the amount due to the Railway on account of freight,

demurrage, wharf age etc. is not covered by the sale proceeds, I shall look to

you to make good the balance. Details of charges due

1. Freight Rs ……………………………………..

2. Demurrage Rs ………………………………..

3. Unloading Charges Rs ………………………..

4. Wharf age at the rate of Rs. ………………….

Quintal or part of a Quintal per day from. ……………………..

until removal of the consignment.

Yours faithfully,

MISCELLANEOUS

THE RAILWAY RATES TRIBUNAL (PROCEDURE)

.REGULATIONS, 1990.

G.S.R. 600 (E), dated 26th June, 1990 .-In exercise of the powers conferred by sub-

section (1) of Sec. 48 of the Railways Act, 1989 (24 of 1989) and in supersession of the

Railway Rates Tribunal Rules, 1959, read with Sec. 22 of the General Clauses Act, 1897 (10

of 1897) the Railway Rates Tribunal with the previous approval of the Central Government,

hereby makes the following regulation, namely :-

1. Short title and commencement,-(1) These regulations may be called the Railway

Rates Tribunal (Procedure) Regulations, 1990.

(2) They shall come into force on the date of commencement of the Act.

2. Definitions.- ln these Regulations, unless the context otherwise requires,-

(a) "Act" means the Railways Act, 1989 (24 of 1989)

(b) 'Appendix' means Appendix to these Regulations;

(c) 'applicant' means the Railway Administration making application under Sec. 45 ;

(d) 'Chairman' means Chairman of the Tribunal

(e) 'Code' means the Code of Civil Procedure, 1908 (5 of 1908)

(f) "complainant" means any person making a complaint under Sec. 36;

(g) 'intervener' means any person allowed to intervene in a proceeding with the

leave of the Tribunal ;

(h) 'Member' means Member of the Tribunal;

(i) 'pleading' means a complaint under Sec. 36. an application under Sec. 45, the

answer to any of these by the respondent, a reply to the answer wherever

allowed or directed by the Tribunal and includes the grounds of support or

objections. as the case may be, lied by an intervener;

(j) .proceeding' means proceeding before the Tribunal;

(k) "reference" means a reference to the Tribunal by the Central Government under

Sec. 39;

(l) 'representative' means any person duly authorised in Writing and includes a legal

practitioner within the meaning of Advocates Act, 1961 (25 of 1961) ;

(m) 'respondent' means any person impleaded as a party in a complaint under Sec.

36 or in an application under Sec. 45 ;

(n) 'Secretary' means the person who for the time being is discharging the functions

assigned under these Regulations and such other functions as may from time to

time be directed by the Tribunal and includes an Assistant Secretary and any

other officer appointed by he Tribunal to discharge the functions of the Secretary;

(o) 'section' means a section of the Act "

(p) Tribunal' means the Railway Rates Tribunal constituted by the Central

Government under Sec. 33 ;

(q) words and expressions used herein and not defined but defined in the Act. shall

have the meanings respectively assigned to them in the Act:

(r) words and expressions used herein and not defined either in these Regulations or

in the Act. shall have the meanings respectively assigned to them in the General

Clauses Act. 1897 (10 of 1897).

3. Typographical specifications.- All pleadings. affidavits and interlocutory

applications and copies thereof presented to the Tribunal shall be typewritten. or printed

fairly and legibly on substantial white foolscap folio paper. with a left had margin at least 4

cm. wide and a light hand margin about 2.5 cm. wide. and separate sheets shall be stitched

together. The type-script or printing shall be on one side only of the paper and be divided

into paragraphs numbered consecutively. Dates. sums and numbers shall be mentioned

expressly in figures.

4. Appointment of Representative.-(1) A party to the proceeding may appoint in

writing any person as his representative to appear act and be heard on all occasions before

the Tribunal :

Provided that such appointment shall take effect only from the date on which the

appointment order is filed with the Secretary:

Provided further that no Member of the Tribunal who has held office as such member

shall be appointed as representative.

(2) Any such appointment or terms of appointment of representative may be revoked or

varied by the party appointing him by a declaration in writing:

Provided that such revocation or variation shall not take effect unless it is filed with

the Secretary.

(3) The provisions of Order III of the First Schedule of the Code shall. In so far as may

be apply to the representatives.

5. Authentication of documents, appearance and acting.- A document may be

signed appearance made or act done:-

(a) in the case of a firm by any of its partners :

(b) in the case of a body corporate. association or authority, by its Chairman,

President, Managing Director, General Manager or Secretary as the case may be

:

(c) in the case of a railway administration. by the General Manager or the Chief

Commercial Superintendent or any Head of the Department concerned of that

railway administration and

(d) in the case of the Central Government by a Secretary or a Joint Secretary or a

Deputy Secretary or an Under Secretary to that Government and in the case of

Ministry of Railways (Railway Board) by the Secretary or the Joint Secretary or

the Deputy Secretary or an Executive Director or a Director. Joint Director or

Deputy Director in the Railway Board.

6. Verification - (1) Every pleading shall be verified at the foot by the party or by one

of the parties to the pleading or by some other person proved to the satisfaction of the

Tribunal to be acquainted with the facts of the case.

(2) The person verifying shall specify by reference to the numbered paragraphs of the

pleading what he verifies on his own knowledge and what he verifies upon information

received and believed to be true.

(3) The verification shall be signed by the person making it and shall state the date on

which and the place at which it was signed.

(4) Where the verification is by some person other than the party. His name and address

shall be given underneath his signature.

7. Presentation.- Unless otherwise specially provided all pleadings and documents,

applications and communications intended for the Tribunal shall be presented to the

Secretary at the Headquarters of the Tribunal or despatched to him by registered post

acknowledgment due.

8. Time for presentation.-(1) Pleadings and other documents. required or directed to

be filed within a certain time. shall be filed at the Tribunal's office within that time.

(2) The date of receipt at the office of the Tribunal shall taken as the date of filing.

9. Service of notice and summons.-(1) Unless otherwise directed by the Tribunal or

the Secretary notices and summonses to the parties or witnesses as the case may be shall

be served by registered post acknowledgment due to the address furnished to the Tribunal.

(2) A notice to a party may also be served on the representative.

10. Initiation of proceeding.- Every proceeding before the Tribunal shall be initiated

by a complaint under Sec. 36 or by an application under Sec. 45 or by a reference under

Sec. 39.

11. Complaint.-(1) A complaint under Sec. 36 shall be addressed to the Tribunal and

shall be in writing signed and verified. It shall set out the name, description and full address

of the complainant and if there is a representative for the complainant in the matter his

name and full address shall also be stated.

(2) The complaint shall contain a clear and concise statement of facts the grounds of

complaint the relief or remedy which the complainant claims and where a person other than

a railway administration is sought to be impleaded as respondent. It shall also set forth the

grounds for impleading him.

12. Joinder of complainants.-(1) Two or more persons having the same interest 111

the proceeding may join in a complaint in which case all subsequent proceedings shall be in

their joint names.

(2) Where there are more complainants than one they shall nominate in the complaint

either one of the complainants or his representatives as the person on whom any summons

or notice may be served for and on behalf of all the complainants.

13. Respondent - (1) Where a complaint is made against a railway administration such

railway administration shall be impleaded as the respondent.

(2) Where the complainant has reason to believe that any other person is likely to be

materially affected by the relief he is seeking such person shall also be impleaded as a

respondent.

(3) The name description and address of the respondent shall be given in the complaint

and. where a railway administration of the Government railway is the respondent the

provisions of Sec. 79 of the Code shall apply.

14. Copies of complaint.- Every complaint shall be accompanied with twice as many

copies as there are parties and three additional copies for the use of the Tribunal.

15. Fee and deposit.- With each complaint the complainant shall pay a fee of Rs.250/-

and provisionally deposit Rs.150/- to meet the charges of the service of notices and other

processes and cost of preparation of paper book.

16. Scrutiny and registration of complaint.-( 1) On receipt of a complaint, the

Secretary shall mark on it the date of its receipt and initial it, and he shall thereafter

endorse on it a report whether prima facie the complaint is or is not within the jurisdiction

of the Tribunal.

(2) Where the Secretary endorses that the complaint is not within the jurisdiction of the

Tribunal, he shall lay his report before the Tribunal for orders.

(3) Where a complaint is not in accordance with these regulations or is not accompanied

with the necessary fee or deposit and the complainant does not rectify the defect within the

time allowed by the Secretary. The Secretary shall lay it as soon as possible before the

Tribunal for orders.

(4) The Secretary shall give to the complaints filed serial numbers according to the order

in which they are received by him and enter them in a register specified in Form I of

Appendix 11.

17. Return of complaint.-(1) Where the Tribunal is of the opinion that a complaint is

prima facie beyond its jurisdiction it shall direct the Secretary to return the complaint with

an endorsement to that effect.

(2) If within 30 days of the receipt of such endorsement the complainant makes an

application to be heard on the question of jurisdiction the Tribunal shall decide the question

after hearing the complainant and such other party as it may consider proper.

(3) The fee paid by the complainant shall be refunded to him if the complaint is returned

to him as a result of an order passed under sub-regulation (1).

18. Adding and striking out parties.-(1) The Tribunal may at any stage. either upon

or without the report of the Secretary or the application of either party and on such terms

as may appear to the Tribunal to be just order that the name of any party improperly

joined. whether as complainant or respondent, be struck out or that the name of any person

who ought to have been joined, whether as complainant or respondent or who may be

materially affected by relief asked for or whose presence before title Tribunal is considered

proper or necessary for adjudication upon the questions involved in the complaint be added:

Provided however that no person shall be added as a complainant without his

consent.

(2) No proceeding shall be defeated by reason merely of mis-joinder or non-joinder of

parties

(3) When respondents are added the complaint and the register shall be accordingly

amended; and the complainant shall also file such number of additional copies of his

complaint as is equal to twice the number of respondents added.

19. Service of notice of complaint.-(1) A copy of the complaint shall be served on

each respondent with the seal of the Tribunal and an endorsement by the Secretary

requiring the respondent to me his answer to the complaint within 30 days from the date of

service and also stating that in default of such answer being filed within the said period the

Tribunal may proceed to hear the complaint in his absence and also stating that in such a

case the respondent will not be heard except by leave of the Tribunal and subject to such

terms as the Tribunal may deem fit to impose.

(2) In the case of a railway administration the copy may be served on the General

Manager of the railway concerned.

(3) Where the Tribunal is of the opinion that it is necessary in the public interest so to do

a public notice shall also be published at the cost of the complainant and in the manner

ordered by the Secretary of the Tribunal. mentioning the filing of the complaint names of

the parties brief description of its allegations and relief sought and calling upon any person

wishing to invervence in support of or opposition to the relief sought in the complaint to

petition the Tribunal within 30 days of publication of the notice for leave to intervene. .-

(4) If it is considered that there are persons who are not on the record but have the

same interest in the proceeding as the complainant or respondent that fact should be

mentioned in the public notice and any decision given by the Tribunal after such public

notice shall apply to all such persons.

20. Withdrawal of complaint.- (1) The complainant may at any stage after the

institution of the complaint withdraw his complaint and in that case the Tribunal may pass

such orders including orders as to costs as it may deem fit.

(2) In the case of withdrawal of complaint before the answer is filed the fee paid by the

complainant shall be refunded.

21. Compromise of complaint.-When any complaint is adjusted by a compromise

between the parties both of them shall immediately notify the Tribunal of the same and the

Tribunal shall after such notice if any as it may consider necessary pass suitable orders

disposing of the complaint.

22. Answer.- (1) The answer shall admit or deny specifically each allegation of fact

contained in the complaint and not by a general denial of the grounds alleged by the

complaint. and. unless denied specifically or by necessary implication. an allegation of fact

in the complaint shall normally be taken as admitted by the respondent. The answer shall

contain clear and concise statement of the material facts on which the respondent relies and

shall raise all grounds of- defence.

(2) The answer shall be divided into paragraphs numbered consecutively and signed and

duly verified and it shall set out the name description and full address of the respondent

and. if there be a representative acting for the respondent in the matter his name and full

address shall also be stated.

(3) Every answer shall be accompanied with twice as many copies as there are parties

and three additional copies for the use of the Tribunal and a sum of Rs. 150 shall also be

deposited to meet the charges of service of notice and other processes and the cost of

preparation of paper book.

23. Scrutiny and service of Answer - (1) On receipt of an answer the Secretary shall

mark on it the date of its receipt and initial it.

(2) If the answer is not in accordance with these regulations or is not accompanied with

the necessary deposit. and the respondent does not rectify the defect within the time

allowed by the Secretary, the Secretary shall lay it as soon as possible before the Tribunal

for orders. :

(3) Copies of the answers received from the respondents shall be sealed and initialed by

the Secretary and served on the complainant and on such other party as the Tribunal may

order.

24. Subsequent pleading. - No pleading subsequent to the answer shall be presented

except by the leave of tile Tribunal and upon such terms as the Tribunal may deem fit but

the Tribunal may at any time require from any of the parties a reply of additional reply

together with twice as many copies thereof as there are parties and three additional copies

for the use of the Tribunal and fix a time for presenting the same.

25. Amendment of pleading- The Tribunal may at any stage allow any pleading to be

amended. or order any matter to be struck out which may tend to prejudice, embarrass or

delay the fair hearing of the case, and all such amendments shall be made as may be

necessary for the purpose of determining the real questions at issue between the parties.

26. Production of Documents- (1) Unless for good cause shown and on such terms as

the Tribunal may deem fit all documents in possession of a party on which he wishes to rely

at the hearing shall be produced by him along with the list thereof on or before such date as

may be fixed by the Tribunal for the purpose. He shall me at the same time, as many copies

of the documents as there are parties and three additional copies for the use of the

Tribunal.

(2) The Tribunal may at any time order the production by any party of such of the

documents in his possession or power relating to the matters in question as it may deem fit.

27. Interrogatories and discovery - Any party to the proceeding may apply to the

Tribunal for leave to deliver interrogatories in writing for examination of the opposite party

or for an order directing the opposite party to make a discovery of the documents in his

possession and in either case the provisions of Order XI of the first Schedule of the Code as

far as may be shall apply an such applications may be rejected if they are so delayed as to

necessitate an adjournment of the hearing of the case.

28. Inspection of documents - (1) Either party shall be entitled at any time to give

notice to the other party in whose pleadings or affidavits reference is made to any

document to produce such document for the inspection of the party giving such notice and

to permit him to take copies thereof and the party not complying with Such notice shall not

afterwards be at liberty to put any such document in evidence on his behalf unless he

satisfies the Tribunal that he had sufficient cause for not complying with such notice.

(2) All books documents and other things produced before the Tribunal, whether

voluntarily or on requisition may be inspected by the parties :

Provided that Tribunal may in its discretion refuse publication of such parts of the

books documents or things produced as the parties may submit to be prejudicial to their

interests to publish

29. Framing of issues.- (1) After the closure of the pleading and the filing of

documents the Tribunal shall) call upon the parties or representatives to furnish the draft

issues

(2) The Tribunal shall thereupon frame the issues.

(3) Where the Tribunal is of the opinion that the issues cannot be correctly framed

without the examination of some persons not before it or without the inspection of some

documents not produced it may subject to any law for the time being in force compel the

attendance of or the , production of any document. by any person.

30. Examination of parties before hearing- The Tribunal may before the hearing of

that complaint examine the parties or their representatives for the purpose of considering: -

(a) the simplification, narrowing down or adjustment of matters in issue between the

parties:

(b) the admission or denial by each party of the documents of the others:

(c) the limitation of the number of witnesses

(d) the procedure at the, hearing: and

(e) such other matters as may aid in the speedy disposal of the complaint.

31. Amendment of issues - At any time before giving its decision, the Tribunal may

amend the issues or frame additional issues as it thinks fit, or may be necessary, for

determining the matters in dispute between the parties, and it may strike out any issue that

appears to it to be wrongly framed.

32. Intervener.-(1) On the public notice given under sub-regulation (3) of Regulation 19

any person may within the time prescribed in the said sub-regulation petition the Tribunal

for leave to intervene in support of or in opposition to the relief sought for in the complaint.

(2) A petition for leave to intervene must set forth the grounds of the proposed

intervention, the position and interest of the petitioner in the proceeding, and whether the

same is in support of or opposition to the relief sought. .

(3) It shall be within the Tribunal's discretion to grant or reject such leave in the light of

the provisions of sub-regulation (1) of Regulation 18 relating to addition of parties.

(4) If leave is granted, the petitioner shall be impleaded as intervener and notified of the

same, and, within 7 days of receipt of such notices, he shall me his pleading which shall

conform to the provisions of sub-regulation (2) of Regulation 11 or sub-regulation (1) of

Regulation 22 as the case may be. He shall also deposit at the same time Rs. 150/- to meet

the cost of service of notice, other process and the cost of preparation of paper book and a

sum of Rs. 250, if he intervenes in support of the complaint. He shall me twice as many

copies of his pleadings as there are parties and three additional copies for the use of the

Tribunal.

33. Date of hearing - After the settlement of the issues the Tribunal shall fix a day,

time and place for 'the hearing of the complaint and communicate the same to the parties

concerned.

34. Right of audience - (1) Any party to a proceeding before the Tribunal shall be entitled

to be heard either in person or by his representative.

(2) The Tribunal may permit any person likely to be of assistance to address the

Tribunal. :

35. Local inquiry and report - In any proceeding in which the Tribunal deems a local

inquiry to be requisite or proper, it may appoint any Railway Officer not below the rank of

an Assistant Officer to hold a local inquiry after notice to the parties and to report thereon

to the Tribunal. The receipt of the report may be communicated to the parties for filing their

objections if any, after making an inspection of the report, within the time fixed, the

Tribunal shall dispose of these objections:

Provided that it may refuse to consider, any objection med within said time. The

report shall be treated 9S part of the evidence In the case The provisions of Order XXVI of

the First Schedule to the Code shall apply as far as may be. to such local inquiries and

reports.

36. Commission - The Tribunal may at any stage of the proceeding issue a commission

for examination of witnesses. The provisions of Order XXVI of the Code shall apply as far as

may be to the commissions issued under this regulation.

37. Summons to witnesses - (1) A party who desires to summon a witness for

appearance before the Tribunal or before a Commissioner appointed under Regulation 36

shall at least 30 days before the date of hearing produce a list of persons whose attendance

is required stating the full name description and address of each person and whether he is

required to give evidence as an expert or otherwise or to produce documents and. in the

last-mentioned case. specifying the date. if any. and the description of the documents so as

to identify them. He shall will such a list deposit the total amount of the allowances to which

the said persons are entitled for traveling and attendance before the Tribunal calculated in

accordance with the rules of the High Court of Judicature at Madras in its ordinary original

civil jurisdiction.

(2) Whenever the Tribunal deems it necessary, it may of its own motion summon any

person to give evidence. or to produce any document in his possession and pass necessary

orders as to the costs of summoning such person.

(3) Witnesses shall be served with summonses in accordance with sub-regulation (1) of

Regulation 9 requiring them to attend or to produce a document at the time and place fixed.

If a witness so served fails to attend as required his attendance may be enforced by

recourse to the provisions of Order XVI of the First Schedule to the Code.

38. Further evidence - The Tribunal may, at any stage of the hearing call further

evidence on any issue from any party.

39. Preliminary questions of law - The Tribunal may with consent of the parties to

any proceedings. or on the application of any party, or of its own motion, order any point of

law raised by the pleadings to be set down for hearing and to be disposed of at any time

before the hearing of the complaint. If, in the opinion of the Tribunal, the decision on such

point of law substantially disposes of the whole complaint, the Tribunal may make such

order as may seem to it to be just and proper.

40. Hearing - (1) Every complaint shall be heard in open Court at the time and place

fixed by the Tribunal

(2) The hearing shall proceed from day to day as far as in the judgment of the Tribunal

may be practicable and convenient, and the same shall not be adjourned at the instance of

a party except for reasons considered sufficient by the Tribunal and on such terms,

including payment of costs, as the Tribunal may deem fit.

41. Default of appearance -If the complainant does not appear at the time and place

appointed for hearing, the Tribunal may dismiss the complaint or at its discretion proceed

with the hearing at the instance of an intervener supporting the complaint. and if the

respondent does not likewise appear, it may hear and decide the complaint in his absence.

If at any adjourned date of the hearing the parties or any of them do not appear the

Tribunal may dismiss the complaint or decide it 'ex parte', as the case ay be or it may

dispose of the case in their absence.

42. Re-hearing - (1) When a complaint is dismissed for default but the complainant

satisfies the Tribunal that there was sufficient cause for default the order of dismissal may,

after notice to the opposite party where necessary be set aside and the complaint

proceeded with upon such terms as to costs or otherwise as the Tribunal may deem fit.

(2) When an 'ex parte' decision has been made. but the respondent satisfies the Tribunal

that notice was not duly served on him, or that he was prevented by any sufficient cause

from appearing at the hearing the 'ex parte' decision may be set aside and the case

proceeded with upon such terms as to costs or otherwise as the Tribunal may deem fit.

(3) An application for setting aside an order of dismissal of complaint or an 'ex parte'

decision shall be made within 30 days of the dismissal of the complaint or the passing of the

'ex parte' decision as the case may be unless the Tribunal condones the delay for adequate

reasons.

43. Act 1 of 1872 to apply - The Provisions of the Indian Evidence Act. 1872 (I of

1872) shall as far as may be, apply to the proceedings:

Provided that the Tribunal may in its discretion without prejudice to the rights of the

parties relax any of its provisions, for securing the necessary evidence inexpensively and

expeditiously.

44. Affidavit- (1) The evidence at the hearing of a complaint may be taken either by

affidavit or viva-voce, or partly by affidavit and partly by:

Provided that if either party intends to rely on any evidence by affidavit he shall, at

least 10 days before the hearing deliver or send by registered post to the other party a copy

of the affidavit intended to be used, failing which he shall not be allowed to use the same

except by special leave of the Tribunal.

(2) Either party may within 7 days after receipt of a copy of any affidavit intended to be

so used, deliver or send, by registered post to the other party, a notice requiring the

deponent to be produced at the hearing of the complaint for cross-examination, and unless

the deponent is so produced, his affidavit shall not be used except by special leave of the

Tribunal.

(3) The Tribunal may at any time for sufficient reason. order that any particular fact may be

proved by affidavit, or that the affidavit of any witness may be read at the hearing on such

conditions as the Tribunal deems reasonable.

Provided that where it appears to the Tribunal that either party bona fide desires the

production of a witness for cross- examination and that such witness can be produced, an

order shall not be made authorizing evidence of such witness to be given by affidavit.

(4) An affidavit shall be confined to such facts as the witness is able of his own

knowledge to prove, except in interlocutory proceedings, in which statements as to his

belief with the grounds thereof may be admitted

(5) For the purpose of any affidavit to be sworn in any proceedings before the Tribunal, the

Chairman may empower any official of the Tribunal to administer an oath to the deponent of

the affidavit.

45. Oral evidenced - (1) The oral evidence of a witness shall be taken down in

the open Court in English under the direction of the Tribunal the typewritten copy shall be

initialed by the Chairman or by any Member of the Tribunal.

(2) When evidence is given by a witness in a language other than English, the Tribunal

may appoint an interpreter who shall take oath or solemnly affirm that he will render the

evidence into English correctly. The interpreter shall be paid such fees as may be directed

by the Tribunal.

46. Judgment- (1) The Tribunal after hearing and considering the evidence and

arguments shall give its decision either at once or as soon thereafter as may be practicable

on some future day; and when the decision is to be pronounced on some future day, the

Tribunal shall fix a day for that purpose, of which due notice shall be given to the parties of

the representatives.

(2) The decision shall be signed by the Chairman and the Members of the Tribunal, and a

copy of the operative part of the decision shall be made available to each party.

47. Costs -(1) The Tribunal may in its discretion order payment of costs of the

proceedings by either party to any other, either in whole or in part. The fact that the

Tribunal has no jurisdiction in respect of the proceedings shall be no bar to the exercise of

such powers.

(2) The scale of fees admissible for the award of costs for and in connection with the

proceeding before the Tribunal shall be as shown in the Appendix 1.

(3) The bill of costs shall be prepared by the Secretary and attached to the decision of

the Tribunal, and a copy thereof shall be sent to the parties. The bill of costs may be

corrected by the Secretary of the Tribunal at the instance of any party, if it be necessary to

do so.

48. Change in Personnel of Tribunal - Where the Tribunals prevented by a change in

its personnel from concluding any proceedings before it the succeeding re-constituted

Tribunal may resume the same from the stage at which the previous Tribunal left it and it

may give a decision, or submit a, report, written but not given or submitted by its

predecessor, and correct the bill of costs relating to a decision given by its predecessor.

49. Rectification of errors - Clerical or arithmetical mistakes in any decision or order of

the Tribunal, or errors arising therein from any accidental slip or omission, may at any time

be corrected by the Tribunal, either of its own motion or on the application of any of the

parties.

50. The Tribunal may at any time, and on such terms as to costs or otherwise as it

deems fit, amend any defect or error in any proceedings before it and all necessary

amendments shall be made for the purpose of determining the real question at issue raised

by or depending on such 'proceedings.

51. Interlocutory orders - The Tribunal may pass, vary or set aside, after healing or

'ex parte' such interlocutory orders, including temporary injunctions, as may be necessary.

52. Enlargement or abridgement of time - The Tribunal may enlarge or abridge the

time limit for doing any act or taking any proceeding upon such terms as the justice of the

case may require:

Provided that the period prescribed for applying for setting aside an order of

dismissal of complaint or an 'ex parte‟ decision, shall not be bridged.

53. Computation of time - In all cases in which a particular number of days is

prescribed by these regulations or in an order passed by the Secretary of the Tribunal, the

same shall be reckoned exclusively of the first day and inclusively of the last day, and if the

office of the Tribunals closed on the last day the time shall be reckoned exclusively of that

day also. If on any day on which an act is required to be done by a party and the office is

closed on that day it may be done on the day on which the office next opens.

54. Application, under sections - These regulations shall as far as may be, apply to

the disposal of cases where a railway administration is an applicant under Sec. 45.

55. Reference - A reference to the 1'Iibunal for inquiry and report shall be in the form

of a letter addressed to the Secretary of the Tribunal and sent by registered post. The letter

shall specify inter alia -

(a) the details of the matter referred to the Tribunal for inquiry and report; and

(b) all information in the possession of the Central Government which that Government

may think relevant to the matter before the Tribunal.

56. Public notification of inquiry -The Tribunal may at any stage publish a

notification. either generally about the inquiry or about any of the proceeding in connection

therewith, to enable the trades or trade associations or persons interested in the matter to

submit their memoranda or offer oral evidence at the inquiry.

57. Public inquiry - At the discretion of the Tribunal a public inquiry may be held at a

time and place announced by public notification

58. Report of the inquiry - The report of the inquiry shall be submitted to the Central

Government and that Government may if it thinks fit, release it to the public.

59. Commission for inquiry. - For purposes of inquiry the Tribunal may issue such

commissions and summon such witnesses as it may consider necessary.

60. Paper books - In every case relating to a complaint or an application there shall be

prepared typed paper books of the pleadings, issues, evidence recorded, documents

admitted and such other parts of the record as may be specifically ordered to form part of

the paper book. As many copies of such paper books shall be prepared as may be required

for the Members of the Tribunal and the parties. Cost of preparation of paper books shall be

charged at Rs.1.75 per page in respect of such matter as may be typed in the office of the

Tribunal.

61. Working hours of the Tribunal - Except on Saturdays. Sundays and other Public

holidays and subject to any order made by the Chairman, the working hours of the Tribunal

shall be from 10.30 a.m. to 1.30 p.m. and 2.15 p.m. to 4.30 p.m. and that of the office of

the Tribunal shall be from 10.00 a.m. to 1.30 p.m. and 2.00 p.m. to 6.00 p.m.

62. Holidays and Vacations.- The Tribunal may observe the same holidays and

vacations as that of the Madras High Court Provided that the office shall remain open during

the vacation and transact its normal business.

Provided further that no extension of time shall be granted merely the ground that

the Tribunal was closed for vacation.

63. Return of documents - (1) Documents admitted in evidence may after the disposal

of the proceedings be returned to the party concerned either by being delivered to him

person or sent to him by registered post acknowledgment due. or by parcel at his risk and

cost :

Provided that a document admitted In evidence may be returned earlier if the party

applying therefore delivers to the Secretary a certified copy to be substituted for the original

and undertakes to produce the original if required to do so.

(2) Where a document is returned to a party by its being delivered to him a receipt shall

be given by the person receiving it.

(3) Documents not admitted in evidence shall not form a part of the record and shall be

returned to the parties respectively in the manner provided in sub-regulation (1).

64. Certified copies of record - Unless specially ordered otherwise by the Tribunal a

party to a proceeding shall be entitled to have certified copies of any part of the record of

the proceedings. Such certified copies shall be prepared in the office of the Tribunal and

charged at the rate at which certified copies are charged in the Madras High Court.

65. Remittance - All monies to be paid to or deposited with the Tribunal shall be paid in

cash at the office of the Tribunal or remitted by money order in favour of the Secretary

Railway Rates Tribunal. Madras or crossed postal order or crossed bank draft in favour of

the Chief Cashier, Southern Railway, Madras.

66. Refund or recovery against deposit - After the conclusion of a case the Secretary

shall calculate the amount spent out of the deposit made by each party and either return to

him the excess or recover from him the deficit as the case may be.

67. Forms and registers -The notices to be served and registers and other records to

be maintained in the Office of the Tribunal shall be as specified in Appendix II.

68. Rules of practice of Madras High Court - The rules of practice of the Madras High

Court, in so far as they are not inconsistent with the Act and these regulations, may in the

discretion of the Tribunal be followed.

69. Court seal - The seal of the Tribunal shall be kept in the custody of the Secretary.

APPENDIX I

(See Regulation 47 (2)]

SCALE OF FEES FOR AWARD OF COSTS IN CONNECTION

WITH PROCEEDINGS BEFORE THE TRIBUNAL

______________________________________________________________________

Rs.

______________________________________________________________________

For filing a complaint under Sec. 36. an application

under Sec. 45 or for intervening in support of

a complaint .. .. 250.00

For Vakalatnama .. .. 5.00

For filing any other application .. .. 3.00

For service of notice. or summons .. .. 5.00

or the actual cost whichever is more

For service of interrogatories 5.00

For ruing any affidavit made outside the Tribunal .. 5.00

For injunction petition 10.00

For making an affidavit before an Officer of the

Tribunal/Court .. 5.00

APPENDIX II

FORM I

REGISTER OF COMPLAINT FOR THE YEAR ……………………

[See Regulation 16 (4)]

Sl. No. Date of complaint and its

receipt

Date of Registration Date of complaint

1 2 3 4

Name of

Respondent

Subject –matter Name of Intervener Date of judgment

5 6 7 8

Operative part

of judgment

Date of communication of

the operative part to parties

Writ to High Court,

Appeal to Supreme

Court or correction &

result

Miscellaneous

Application, if any

9 10 11 12

FORM II

REGISTER OF APPLICATIONS FOR THE YEAR ……………………

[See Regulation 16 (4) & Regulation 54]

Sl. No. Date of Application and its

receipt

Date of Registration Name of Applicant

1 2 3 4

Name of

Respondent

Cross reference to original

proceedings

Name of Intervener Date of judgment

5 6 7 8

Operative part

of the

judgment

Date of communication of

the operative part to parties

Miscellaneous

Application, if any

Remarks

9 10 11 12

FORM III

REGISTER OF MISCELLANEOUS / INTERLOCUTORY

APPLICATIONS FOR THE YEAR ……………………

[See Regulation 51]

Sl. No. Date of Application and its

receipt

Date of Registration Name of the

Applicant

1 2 3 4

Name of

Respondent

Subject-matter Cross reference to

the original

complaint/

application

Name of intervener

5 6 7 8

Date of the

order

Nature of the order Date of

communication of

the order to the

parties

Remarks

9 10 11 12

FORM IV

REGISTER OF REFERENCE FOR THE YEAR ……………………

[See Regulation 55 ]

Sl. No. Particulars of reference &

Date of its receipt

Date of Registration Subject-matter of

Reference

1 2 3 4

Date of Report

of the Tribunal

Recommendation Date of dispatch of

the report

Remarks

5 6 7 8

FORM V

[See Regulation 18]

BEFORE THE RAILWAY RATES TRIBUNAL AT MADRAS

COMPLAINT NO…………….. OF 19…………….

………………………………………… COMPLAlNT

Versus

…………………………………………. RESPONDENT

To

Whereas……………………………………… has Instituted the above complaint against for and

whereas It appears proper or necessary that you should be added as a complainant In the

said matter In order to enable the Tribunal to adjudicate upon and settle the questions

Involved In the complaint.

Take notice that under Regulation 18 of the Railway Rates Tribunal Regulation. 1990.

you are required on or before the………………….. day of 19………………. to signify to this Tribunal

whether your consent to be so added.

Given under my hand and the seal of the Tribunal this day of 19 …………………… at

No.3. Victoria Crescent Road. Madras 105.

Sd/-

Secretary

Railway Rates Tribunal

FORM VI

[See Regulation 19] i.


COMPLAINT/APPLICATION NO…… OF 19…………..

………………………… COMPLAINT / APPLICANT

Versus

…………………………………..RESPONDENT

TO

……………………………………….RESPONDENT

Under Regulation 19 (1) of the Railway Rates Tribunal Regulations, 1990 you are

hereby required within 30 days from the date of service upon you of the enclosed

complaint/application to put In your answer to the same together with copies and to take

notice that In default of such answer being put In within the said time the Tribunal may

proceed to hear the said complaint/application In your absence.

Your answer and the copies thereof may be presented to me at my office at the

headquarters or sent to me by Registered post. You should also make a provisional deposit

of Rs.150/- to meet the charges of service of notice etc. and preparation of paper book. The

amount may be remitted either In cash/ money order In favour of the Secretary, Railway

Rates Tribunal, Madras or by means of crossed postal order or crossed bank draft In favour

of the Chief Cashier, Southern Railway Madras.

Given under my hand and the seal of the Tribunal, this day of 19 at No.3. Victoria

Crescent Road, Madras-105

Secretary


FORM VII

[See Regulation 19 (3) and (4)]


COMPLAINT/APPLICATION NO………………… OF 19……….

………………………………………………. COMPLAINANT / APPLICANT

Versus

…………………………………………………RESPONDENT

Whereas the complainant/applicant above named has made a complaint/application

that And, whereas, it is thought that there are numerous persons who are not on record but

have the same interest in the proceedings as the complainant/applicant or respondent

above named.

This public notice is, therefore, given under sub-regulations (3) and (4) of Regulation

19 of the Railway Rates TI1bunal Regulations, 1990, so that any person who so desires may

petition the Tribunal within 30 days of the publication of this notice for leave to intervene in

support of or opposition to the relief sought in the complaint/ application or be added on the

side of the complainant/applicant or the respondent setting forth the grounds of the

proposed intervention and the position and the interest of the petitioner in the proceedings

on the grounds for being added as a party in the said case.

Any decision given by the Tribunal after such public notice shall apply to all such

persons.

Given under my hand and the seal of the Tribunal, this day of 19……………… at No.3.

Victoria Crescent Road, Madras - 600105.

Secretary


FORM VIII



COMPLAINT/APPLICATION NO…………………. OF 19………..

………………………… COMPLAINANT/ APPLICANT

Versus

……………………………..RESPONDENT

To

…………………………COMPLAINANT / APPLICANT/RESPONDENT/INTERVENER

Whereas the Tribunal has to frame issues in the above case.

Take Notice that you shall file the draft issues in the above complaint under

Regulation 29 (1) of the Railway Rates Tribunal Regulations, 1990, on or

before…………………….. day of ……………………19…………..

And also take notice that the above complaint will come up for hearing and framing

issues before the TI1bunal. in accordance with sub-regulations (2) and (3) of Regulation 29

of the Railway Rates TI1bunal Regulations, 1990, sitting at ……………….on the…………. day of

………………….. 19………….. at ………………. O'clock in the………………… noon.

If no appearance is made on your behalf by yourself or your representative the case

will be heard and decided in your absence.

Given under my hand and the seal of the Tribunal, this……………. day of ………………

19………………….. at No.3. Victoria Crescent Road. Madras-600105.

Secretary


FORM IX




………………………………………………. COMPLAINANT / APPLICANT

Versus

…………………………………………………RESPONDENT

TO

……………………………………………INTERVENER

On your application dated …………………. under Regulation 32 (1) of the Railway Rates

Tribunal Regulations 1990 you have been granted leave by the Tribunal to Intervene In the

above complaint/application (In support of/In opposition) to the relief sought.

Under Regulation 32 (4) of the said Regulations, you are hereby required within 7

days of the date of receipt of the enclosed complaint/application to put in your statement

grounds In support of/In opposition to the relief sought duly signed and verified together

w1th copies thereof, and to take notice that In default of such statement being put In within

the said period, the Tribunal may proceed to hear the said complaint/application In your

absence.

Further, you are hereby called upon to make along with your statement a provisional

deposit of Rs.150/- with the Tribunal to meet the charges for the service of notice, etc., and

cost of preparation of paper book and as your Intervention is In support of the relief sought

also a fee of Rs.250/ -. The amount may be remitted either in cash/money order in favour

of the Secretary, Railway Rates Tribunal, Madras or by means of crossed postal order or

crossed bank draft In favour of the Chief Cashier, Southern Railway, Madras.

Given under my hand and the seal of the Tribunal. This …………………………. day of

………………….19…………………… at No.3. Victoria Crescent Road. Madras-600105.

Sd/-

Secretary.

Railways Rates Tribunal.

Madras.

FORM X

[See Regulation (33)]



………………………………. COMPLAINANT / APPLICANT

Versus

…………………………………………………RESPONDENT

To

…………………COMPLAINANT / APPLICANT /RESPONDENT /INTERVENER

Take notice that the above complaint/application will come up for hearing before the

Tribunal sitting at ………………………… on the …………………. day of…………….. 19 O'clock In the

……………….noon, on the issues as already settled in this case.

If no appearance is made on your behalf by yourself or your representative along

with your witnesses. the, case will be heard and decided In your absence.

Given under my hand and the seal of the Tribunal this………….. day of ………. 19

………… at No.3. Victoria Crescent Road. Madras-600105.

Secretary

Railway Rate Tribunal

Madras

FORM XI

(See Regulation 35)

FORM VII

[See Regulation 19 (3) and (4)]



…………………………………. COMPLAINANT / APPLICANT

Versus

………………………………………………….… RESPONDENT

TO

The person appointed to hold the enquiry.

Whereas the Tribunal deems a local enquiry to be requisite in this case. You are

hereby required to hold such enquiry under Regulation 35 of the Railway Rates Tribunal

Regulations. 1990 after notifying the parties concerned for the purpose of and to submit

your report on or before day of 19 Process to compel the attendance before you of any

witness or for the production of any document whom or which you may desire to examine

or inspect will be Issued by this Tribunal on your application.

The Tribunal will order payment of your remuneration and expenses after it has

received your report.

Given under my hand and the seal of the Tribunal. This……………. Day of .…………… 19

at No.3. Victoria Crescent Road. Madras-600105.

Secretary


Madras


(Railway Board)

New Delhi, the 7th January, 1999

G.S.R. 37. – In exercise of the powers conferred by section 198, read with sub-

section (7) of section 33 of the Railways Act, 1989 (24 if 1989), the Central Government

hereby makes the following rules further to amend the Railway Rates Tribunal (Salaries and

Allowance and Conditions of Service of Chairman and Members Rules, 1995, namely –

1. (1) These rules may be called the Railway Rates Tribunal (Salaries and Allowances

and Conditions of Service of Chairman and Members), Amendment Rules, 1998.

(2) They shall come into force on the date of their publication in the

Officer Gazette.

2. In the Railway Rates Tribunal (Salaries and Allowances and Conditions of

Service of Chairman and Members) Rules, 1995, after rule 8, the following rule

shall be inserted namely :

“8A, Pension – (1) Every person appointed to the Tribunal as a Chairman or a

Member shall be entitled to pension :

Provided that no such pension shall be payable to a Chairman or a Members, as the

case may be, if he has put in less than two years of service.

2. In the case of a Chairman, the pension under sub-rule (1) shall be calculated at the

rate of rupees one thousand six hundred per annum for each completed year of service,

subject to the condition that the aggregate amount of pension payable under this rule

together with the amount any pension including commuted portion of pension, if any, drawn

or entitled to be drawn while holding office in the Tribunal, shall not exceed rupees four

thousand per mensem.

3. In the case of a Member, the pension under sub-rule (1) shall be calculated at the

rate of rupees one thousand one hundred eighty six per annum for each completed year of

service subject to the condition that the aggregate amount of pension payable under this

rule together with the amount of any pension including commuted portion of pension, if any,

drawn or entitled to be drawn while holding office in the Tribunal, shall not exceed rupees

four thousand per mensem.

(Railway Board)

New Delhi, The 17th October, 1995

G.S.R. 566 – In exercise of the powers conferred by section 198 rend with sub-

section (7) of section 33 of the Railways Act, 1989 (24 of 1989) the Central Government

hereby makes the following rules, namely :

1. Short title and commencement – (1) These rules may be called the Railway Rates

Tribunal (Salaries and Allowances and Conditions of Service of Chairman and Members)

Rules, 1995.


2. Definitions - In these rules unless the context otherwise requires -

(a) “Act” means the Railways Act, 1989 (24 of 1989)

(b) “Tribunal” means the Railway Rates “Tribunal established” under section 33 of

the Act.

3. Appointment of the Chairman and the other members – Appointment of the

Chairman and the other Members of the Tribunal shall be made in accordance with the

provisions of section 33 of Chapter VII of the Act.

4. Pay – (1) The Chairman shall receive a pay of Rs.8000 per month if he is or has

been a High Court Judge and Rs.9000 per month if he is or has been Chief Justice of a High

Court or a Judge of the Supreme Court before such appointment :

Provided that in the case of appointment of a person as the Chairman, who has

retired as a judge of the Supreme Court or a High Court and who is in receipt of or has

received or has become entitled to receive any retirement benefits, by way of pension,

gratuity, employer‟s contribution to Employer‟s contribution to Contributory Provident Fund

or other forms or retirement benefits, the pay shall be reduced by the gross amount of

pension or pensionary equivalent of employer‟s contribution to the Contributory Provident

Fund or any other forms of retirement benefits, if any, drawn or to be drawn by him.

2. A member shall receive pay in the Senior Administrative Grade in the scale of

Rs.5900-6700 (RPS‟) per month :

Provided that in the case of appointment of a person as Member, who has retired

from service under Central Government or a State Government and who is in receipt or has

received or has become entitled to receive any retirement benefits, be way of pension,

gratuity, employer‟s contribution to Contributory Provident fund or other forms or

retirement benefits, the pay shall be reduced by the gross amount of pension or pensionary

equivalent of employer‟s contribution to the Contributory Provident Fund, if any drawn, or to

be drawn by him.

5. Dearness Allowance and City Compensatory Allowance – The Chairman, and a

Member shall receive darkness allowance and city compensatory allowance appropriate to

their pay at the same rates as are admissible to a Group „A‟ officer in the same scale of pay

under the Central Government drawing an equivalent pay.

6. Retirement from parent service on appointment as Chairman or a Member -

1. In the case of a sitting judge of the Supreme Court or a High Court who is

appointed as Chairman, his service in the Tribunal shall be treated as actual

service within the meaning of sub-clause (i) of clause (b) of paragraph 11 of part

D of the Second Schedule to the Constitution of India.

2. A member who on the date of his appointment to the Tribunal was in the service

under the Central Government or a State Government shall seek retirement from

such service before his appointment to the Tribunal.

7. Leave – (1) A person, on appointment in the „Tribunal as Chairman or Member shall

be entitled to leave as follows :

(i) earned leave at the rate of fifteen days for every completed year of

service and proportionate leave for a part thereof :

(ii) leave on half pay can be commuted to full pay affairs, at the rate of

twenty days in respect of each completed year of service and the leave

salary for half pay leave shall be equivalent to half of the leave salary

admissible during the earned leave;

(iii) leave on half pay can be commuted to full pay lave at the discretion of the

Chairman or Member, provided it is taken on medical grounds and is

supported by a medical certificate from the competent medical authority ;

(iv) extra-ordinary leave without pay and allowances upto a maximum period

of one hundred and eighty days in one term of office.

(2) If the Chairman, or a Member is unable to enjoy full vacation on account of his

occupation with the Tribunal, he shall be entitled to add the unenjoyed period of vacation to

his leave account :

Provided that the total period of earned leave including the unenjoyed period of vacation

shall not exceed 30 days in a year :

Explanation : Fro the purpose of this sub-rule „vacation‟ means vacation of thirty

days in each calendar year observed by the Tribunal.

(3) On the expiry of his term of office in the Tribunal, the Chairman or Member

shall be entitled to receive cash equivalent of leave salary in respect of the earned leave

standing to his credit :

Provided that the quantum of leave encashed under this sub-rule shall not exceed

240 days, including the period of leave already encashed while in previous service.

(4) The cash equivalent of such leave shall include dearness allowance on lave

salary at the rates in force on the date of relinquishment of office in the Tribunal but shall

not include Comsnsatory (city) allowance or any other allowances.

8. Leave sanctioning authority – The Chairman shall be the authority competent to

sanction leave to a Member, and the President of India through the Ministry of Railways

(Railway Board) shall be the authority competent to sanction leave to the Chairman.

9. Provident Fund. – The Chairman, or a Member shall be entitled to subscribe to the

General Provident Fund at his option and, in the case of his so opting shall be governed by

the provisions of the General Provident Fund Rules :

Provided that if the Chairman, was a judge of Supreme Court or of a High Court he

shall continue to be governed by the Rules as were applicable to him before his joining the

Tribunal.

10. Journeys on Tour/Transfer – (1) A Chairman who was a judge of Supreme Court or

of a High Court shall continue to be governed by the provisions of the Supreme Court or

High Court Judges (Traveling Allowances) Rules for serving or retired judges as the case

may be as regards his entitlements under this rule.

(2) A member of the Tribunal shall while on tour/transfer be entitled to traveling

allowance, daily allowance, transportation of personal effects and other similar matters at

the same scales and at the same rates as are applicable to a Group „A‟ officer of equivalent

pay scale in the Central Government.

11. Leave Travel Concession/Privilege Passes/PTOs for Chairman and Members -

1. On the analogy of the travel concessions extended by the Ministry of Finance the

Chairman and the other member appointed from a source other than the

Railways will be granted one set of First Class „A‟ Complementary privilege Ticket

Orders per annum, which will include the family also, to be availed of at any time

in the year exclusively for the purpose of visiting the home town.

2. On the expiry of the term of office the Chairman and the other Member appointed

from the service other than the Railway will be allowed one First Class „A‟

complimentary pass for self the wife only for journey from the headquarters of

the Tribunal to the home town and a kit pass for transportation of household

effects and car, if any , as admissible under the normal rules.

3. The other member appointed from the Railways will continue to be eligible for

post retirement passes as a retired Railway officer.

12. Accommodation – (1) Every person appointed to the Tribunal as Member shall be

entitled to the use of an official residence from the Central Government if available, on

payment of license fee at the rates prescribed by the Central Government from time to time

provided that the Chairman shall be entitled to accommodation on terms as admissible to

the serving/re-employed judges of High/Supreme Court, as the case may be.

(2) Residential accommodation for the Chairman or a Member at such stations

where Central Government accommodation is not available may be hired on leave by the

Central Government subject to such ceiling on hire-charge as may be specified by the

Central Government subject to such ceiling on hire-charge as may be specified by the

Central Government from time to time.

(3) When the Chairman, or a Member is not provided with, or does not avail

himself of the accommodation referred to in sub-rules (1) and (2) he may be paid, every

month, house rent allowance as may be admissible from time to time to an officer or

equivalent pay scale in the Central Government if he is a Member and at the rate admissible

to reemployed retired judges of High Court or Supreme Court if he is Chairman.

(4) When the Chairman, or a Member occupies an official residence beyond the

permissible period, he shall be liable to pay such additional license fee or other charges as

are leviable under corresponding rules of the Central Government governing allotment of

Central Government accommodation in addition to being liable to eviction in accordance

with the rules applicable to the officers drawing equivalent pay in the Central Government.

13. Facility of official transport – (1) Chairman of the Tribunal shall be entitled to a staff

car on the terms as admissible to re-employed judges of Supreme/High Court.

(2) The Members shall be entitled to the facility of staff car for journeys for

official and private purpose in accordance with the rules governing use of staff car facilities

applicable to officers of the Central Government drawing equivalent pay.

14. Facilities for medical treatment – The Chairman, or Member shall be entitled to

Medical treatment and hospital facilities as provided in the Central Government Health

Scheme and in places where the Central Government Health Scheme is not in operation, as

provided in the Central Services Medical Attendance Rules, 1994. The Chairman and

members shall be entitled to avail of the Health Service facilities applicable to the officers of

equivalent pay scale under the Central Government or where there are no equivalent pay

scales to facilities applicable to officers drawing the highest pay scale under the Railway

Administration.

15. Conditions or service etc. of the Chairman – Notwithstanding anything contained in

these rules the conditions of service and other perquisites available to the Chairman shall be

the same as admissible to a serving Judge of the High Court or Supreme Court, as the case

may be.

16. Appearance before the Tribunal after completion of tenure of office – On completion

of their tenure of office, the Chairman of the member shall not plead or not before the

Railway Rates Tribunal in any case referred to the said Tribunal.

17. Residual Provision – Any condition of service of the Chairman, or member for which

no express provision has been made in these rules shall be determined by the rules and

orders for the time being applicable to a Secretary to the Government of India in the case of

Chairman and by the Rules and orders applicable to Railway officers of Senior

Administrative Grade in the case of Members.

18. Powers to relax rules – The Central Government shall have power, for reasons to be

recorded in writing, to relax the provisions of any of these in respect of any class or

categories of persons.

THE RAILWAY (NOTICES OF AND INQUIRIE INTO ACCIDENTS) RULES, 1998

G.S.R. 5 dated 21st December, 19981-ln exercise of the powers conferred by Sec.

122 of the Railways Act, ~989 (24 of 1989), the Central Government hereby makes the

following rules, namely:-

1. Short title and commencement -(1) These rules may be called the Railway

(Notices of and Inquiries into Accidents) Rules, 1998 -


2. Particulars to be given in the notices - The notices mentioned in Sec. 113 of the

Railways Act, 1989 (24 of 1989) (hereinafter referred to as the Act), shall contain the

following particulars, namely:-

(i) kilometer age, or station, or both, at which the accident occurred ;

(ii) time and date of the accident :

(iii) number and description of the train or trains:

(iv) nature of the accident;

(v) number of people killed or injured, as far as is known;

(vi) cause of the accident, as far as is known; and

(vii) probable detention to traffic.

3. Responsibility for sending notices, to whom to be sent and mode thereof -

Whenever any accident, as falls under Sec. 113 of the Act (hereinafter referred to as

"Reportable train accident") occurs in the course of working a railway. the Station Master

nearest to the place at which the accident has occurred or. where there is no Station

Master, the railway servant in charge of the section of the railway on which the accident has

occurred or any other Station Master in charge of a section of a railway to whom the report

of the accident is made, shall give notice of the accident by telegraph to the Commissioner

of Railway Safety, the District Magistrate and the District Superintendent of Police of the

district in which the accident has occurred or such other Magistrate or police officer as may

be appointed in this behalf by the State Government concerned and by telegraph, telephone

or through special messenger or such other quick means as may be available, to the

Superintendent of Railway Police and to the officer-in-charge of the police station within the

10call1m1ts of which the accident has occurred.

Explanation -For the purpose of this rule, "reportable Train accident" under Sec.

113 of the Act also includes those usually attended with loss of human life (such as

accidents to passenger trains involving collisions, derailments, train-wrecking, or attempted

train-wrecking, cases of running over obstructions placed on the line, of passengers falling

out of trains or of fires in trains), or grievous hurt as defined in the Indian Penal Code

(hereinafter referred to as the grievous hurt), or serious damage to railway property of the

value exceeding twenty-five lakh rupees which have not actually occurred but which by the

nature of the accident might reasonably have been expected to occur; and also cases of

landslides or of breach by rain or flood which cause the interruption of any important

through-line of communication for at least 24 hours.

1. Published in the Gazette of India, Pt. II, Sec. 3 (;), dated 2nd January, 1999 (w.e.f

2nd January, 1999).

4. Mode of sending notices to the State Government - The notice of: accidents.

required under Sec. 113 of the Act, to be sent without delay by the Railway Administration,

shall be sent to the State Government-

(a) by telegram in the case of -

(i) accidents deemed, under the Explanation to rule 3, to be serious by reason of loss of

human life;

(ii) accidents by reason of which the permanent way is likely to be blocked for more

than twenty-four hours; and

(iii) train-wrecking or attempted train-wrecking; and

(b) by letter in all other cases.

5. Railway servants to report accidents - Every railway servant shall report with as

little delay as possible every accident occurring in the course of working the railway which

may come to his notice and such report shall be made to the nearest Station Master, or,

where there is no Station Master, to the railway servant in charge of the section of the

railway on which the accident has occurred.

6. Station Master or railway servant in charge of the section to report

accidents - The Station Master or the railway servant in charge of the section, shall report

all accidents in accordance with the rules laid down by the Railway Administration concerned

for the reporting of accidents. :

7. Railway Administration to report serious accidents - (1) Whenever a serious

accident. as defined in sub-rule (2) of rule 2 of the Statutory Investigation into Railway

Accidents Rules, 1998. occurs. the railway administration concerned shall, as soon after the

accident as possible, by If telegraph, supply to the Press such particulars as are mentioned

in rule 2 and as are till then available, and by supplementary telegrams if necessary,

immediately after further information is available. A copy shall be sent simultaneously by

express telegram to the Railway Board, the Commissioner of Railway Safety of the circle

concerned and the Chief Commissioner of Railway Safety. In addition, the Commissioner of

Railway Safety shall be informed, telephonically. of any serious accident, by the control of

division in which the accident has occurred.

(2) For the purpose of sub-rule (1), an accident shall be a serious railway accident

where-

(i) accident to a train carrying passengers which is attended with loss of life or with

grievous hurt to a passenger or passengers in the train or with serious damage to

railway property of the value exceeding Rs. 25.00,000 and any other accident which

in the opinion of the Chief Commissioner of Railway Safety or Commissioner of

Railway Safety requires the holding of an inquiry by the Commissioner of Railway

Safety shall be deemed to be a serious accident. A workmen's train or a ballast train

carrying workmen or cattle special train or a tower wagon or such other train

carrying workmen or cattle special military special carrying authorised escorts or

similar such train shall be treated as a passenger train.

(ii) an accident involving a train carrying passengers leads to loss of life or grievous

injury to any railway servant irrespective of whether he was traveling in that

passenger train or not, it shall come under the purview of inquiry by the

Commissioner of Railway Safety and shall be treated as a 'serious railway accident'.

Provided that-

(a) cases of trespassers run over and injured or killed through their own carelessness

or of passengers injured or killed through their own carelessness, and

(b) cases involving persons being railway servants or holding valid passes/tickets or

otherwise who are killed or grievously injured while traveling outside the rolling

stock of a passenger train such as on footboard or roof or buffer but excluding

the inside of vestibules between coaches. or run over at a level crossing or

elsewhere on the Railway track by a passenger train, and

(c) collision between a Road Vehicle and a passenger train at a Level Crossing where

no passenger or Railway Servant is killed or grievously hurt shall not be treated

as a 'Serious Railway Accident' even if those traveling in the road vehicle are

killed or grievously hurt shall not be treated as serious railway accident, unless

the Chief Commissioner of Railway Safety or Commissioner of Railway Safety is

of the opinion that the accident requires the holding of an inquiry by the

Commissioner of Railway Safety.

8. Facility for reaching the site of the accident - Whenever any accident has

occurred if the course of working a railway. the Head of the Railway Administration

concerned shall give all reasonable aid to the District Magistrate or the Magistrate appointed

or deputed under rule 17 or to the Commission of Inquiry appointed under the Commissions

of Inquiry Act, 1952 (60 of 1952). or any other authority to whom all or any of the

provisions of the said Act have been made applicable, and to the Commissioner of Railway

Safety, Medical Officers, the police and others concerned to enable them to reach the scene

of the accident promptly, and shall also assist those authorities in making inquiries and in

obtaining evidence as to the cause of the accident.

9. Medical aid to the persons grievously hurt in accidents -Whenever an accident,

occurring in the course of working a railway, has been attended with grievous hurt, it shall

be the duty of the Head of the Railway Administration concerned to afford medical aid to the

sufferers, and to see that they are properly and carefully attended to till they are removed

to their homes or handed over to the care of their relatives or friends. In any such case, or

in any case in which any loss of human life or grievous hurt has occurred, the nearest

available local Medical Officer shall be sent for if such Medical Officer is nearer at hand than

the Railway Medical Officer.

10. Arranging attendance of railway servants at the place of judicial inquiries or

inquiries conducted by Commissioner of Railway Safety or a Magistrate -When an

inquiry under rule 2 of the Statutory Investigation into Railway Accidents Rules, 1998, or

under rule 17 of these rules or a judicial inquiry is being made, the Head of the Railway

Administration concerned shall arrange for the attendance, as long as may be necessary, at

the place of inquiry, of all railway servants whose evidence is likely to be required at such

inquiry; and if the inquiry is to be held by the Commissioner of Railway Safety under rule 2

of the Statutory Investigation into Railway Accidents Rules. 1998 the Head of the Railway

Administration concerned shall,-

(a) cause notice of the date hour and place at which the inquiry will begin to be given

to the officers mentioned in CIs. (a) and (c) of sub-rule (I) of rule 14. and

(b) arrange for the attendance of the divisional officers railway servants required as

witness at the inquiry.

11. Action to be taken by Head of the Railway Administration on receipt of the

report of Commissioner of Railway Safety -Whenever the Head of the Railway

Administration concerned receives a copy of the report of the Commissioner of Railway

Safety under rule 4 of the Statutory Investigation into Railway Accidents Rules 1998 he

shall at once acknowledge its

receipt. and-

(a) Submit his remarks on the views expressed in the report to the Chief

Commissioner of Railway Safety with copy to the Commissioner of Railway Safety

immediately on receipt of the report by the Railway Administration and if he is

not able to submit his remarks immediately he shall in his acknowledgment of the

report indicate his intention to submit his remarks later as early as possible;

(b) If the Head of the Railway Administration concerned agrees with the views

expressed in the report and considers the prosecution of any person or persons

desirable, he shall immediately forward a statement of such persons to the

District Magistrate of the district in which the accident occurred. or to such other

officer as the State Government may appoint in this behalf and to the concerned

police authorities;

(c) in case the District Magistrate or Police Authorities require copies of the report it

may be sent to them and the confidentiality of the report should be made clear to

the District Magistrate. Police Authorities and the Police Authorities shall as soon

as possible intimate the Head of the Railway Administration concerned about

their decision regarding launching any prosecution.

12. Head of the Railway Administration to offer remarks on the suggestions

made in the report of Commissioner of Railway Safety -Whenever the report; of the

Commissioner of Railway Safety points to the necessity for or suggests a change in any of

the rules or in the system of working of the railway the Head of the Railway Administration

concerned shall intimate the action which has been taken or which it proposes to take to

prevent a recurrence of similar accidents to the Chief Commissioner of Railway Safety with

copy to the Commissioner of Railway Safety.

13. Joint inquiry when dispensed with - (1) Whenever a reportable train accident

such as is described in Sec. 113 of the Act has occurred in the course of working a railway

the Head of the Railway Administration concerned shall cause an inquiry to be promptly

made by a committee of railway officers (to be called a joint inquiry") for a thorough

investigation of the causes which led to the accident:

Provided that such an inquiry may be dispensed with -

(a) if any inquiry Is to be held by the Commissioner of Railway Safety under rule 2 of

the Statutory Investigation into Railway Accidents Rules. 1998, or a Commission

appointed under the Commissions of Inquiry Act. 1952 (60 of 1952) or any other

authority appointed by the Central Government to which all or any of the

provisions of the said Commissions of Inquiry Act have been made applicable

under rule 2 of the said 'Statutory Investigation into Railway Accidents Rules, or

(b) if there is no reasonable doubt as to the cause of the accident ; or

(c) if any department of the railway administration concerned intimates that It

accepts all responsibility in the matter.

(2) Where such inquiry is dispensed with under CI. (b) or CI. (c) of the proviso to sub-

rule (1) it shall be the duty of the Head of the Department of the Railway Administration

responsible for the accident to make such inquiry (to be called a "departmental inquiry") as

he may consider necessary and. if his staff or the system or working is at fault, to adopt or

suggest such measures as he may consider necessary for preventing a recurrence of similar

accidents.

14. Notice of joint inquiry - (1) Whenever a joint inquiry is to be made the Head of the

Railway Administration concerned shall cause notice of the date and hour at which the

inquiry will commence to be given to the following officers namely

(a) the District Magistrate of the district in which the accident occurred. or such other

officer as the State Government may appoint in this behalf the Superintendent of

the Railway Police and the District Superintendent of Police;

(b) the Commissioner of Railway Safety for the section of the railway on which the

accident occurred; and

(c) the Head of the Railway Police having jurisdiction at the place where the accident

occurred or if there are no Railway Police the officer-in-charge of the police

station having jurisdiction at such place.

(2) The date and hour at which the inquiry will commence shall be fixed so as to give the

officers mentioned in sub-rule (1) sufficient time to reach the place where the inquiry is to

be held.

(3) When a joint inquiry is held into an accident after receipt of a information about the

inability of the Commissioner of Railway Safety to hold an inquiry under sub-rule (5) of rule

2 of the Statutory Investigation into Railway Accidents Rules, 1998, the Head of the Railway

Administration concerned shall issue a Press Note in this behalf inviting the public to tender

evidence at the inquiry or send information relating to the accident to the Joint Inquiry

Committee at an address specified in the Press Note.

15. Report of joint inquiry or departmental inquiry to be sent to the Head of the

Railway Administration and the action to be taken thereon - (1) As soon as any joint

inquiry or departmental inquiry has been completed, the President of the Committee of

railway officers or the Head of the Department as the case may be shall send to the Head of

the Railway Administration concerned a report containing inter alia

a) brief description of the accident ;

(b) description of the locality of the accident;

(c) detailed statement of the evidence taken ;

(d) the conclusions arrived at together with a note of dissent. If any;

(e) reasons for conclusions arrived at ;

(f) the nature and extent of the damage done;

(g) when necessary a sketch illustrative of the accident;

(h) the number of railway servants killed or injured;

(i) the number of passengers killed or injured;

(j) an appendix containing extracts of the rules violated by the staff responsible for the

accidents.

(2) The Head of the Railway Administration concerned shall forward with his remarks as

to the action that is intended to be taken in regard to the staff responsible for the accident

or for the revision of the rules or the system of working. a copy of the report referred to in

sub-rule (1)-

(a) to the Commissioner of Railway Safety for the section of the railway on which the

accident occurred ;

(b) if no inquiry or investigation has been made under rule 17 or if a joint or

departmental inquiry has been held first to District Magistrate or the officer

appointed under CI. (a) of sub-rule (1) "Of rule 14, and

(c) if any judicial inquiry is being made to the Magistrate making such inquiry.

(3) The copy of the report aforesaid shall be accompanied-

(a) in the case referred to in CI. (b) of sub-rule (2) by a statement of the persons

involved in the accident whose prosecution the Head of the Railway

Administration concerned considers to be desirable-

(b) in the case referred to in CI. (c) of sub-rule (2) by a copy of the evidence taken

at the inquiry.

16. Reports of inquiries into accidents not covered by Sec. 113 to be forwarded

to Commissioner of Railway Safety - (1) Whenever any accident not of the nature

specified Sec. 113 of the Act such as averted collisions breaches of block rules or other

technical accidents, occurs in the course of working a railway the Railway Administration

concerned may cause an inquiry either a joint inquiry or a departmental inquiry to be held

into the accident.

(2) Where an inquiry is held as provided under sub-rule (1), the Head of the Railway

Administration concerned shall forward a copy of the report of the inquiry to the

Commissioner of Railway Safety for the section of the railway on which the accident

occurred.

17. Magisterial inquiry - Whenever an accident such as is described in Sec. 113 of the

Act has occurred in the course of working a railway the District Magistrate or any other

Magistrate who may be appointed in this behalf by the State Government may either-

(a) himself make an inquiry into the causes which led to the accident; or

(b) depute a subordinate Magistrate who if possible should be a Magistrate of the

first class to make such an inquiry; or

(c) direct investigation into the causes which led to the accident to be made by the

police;

Provided that where having regard to the nature of the accident the Central Government

has appointed a Commission of Inquiry to inquire into It under the Commission of Inquiry

Act, 1952 (60 of 1952), or has appointed any other authority to inquire into it and for that

purpose has made all or any of the provisions of the said Act applicable to that authority

Magistrate or a police officer shall not make his inquiry or investigation under this rule and,

where he has already commenced the inquiry or investigation shall not proceed further with

it; and such Magistrate or police officer shall hand over the evidence, records or other

documents in is possession relating to the inquiry or investigation to such authority as ay be

specified by the Central Government in this behalf.

18. Notice of Magisterial inquiry -Whenever it is decided to make an enquiry under

CI. (a) or CI. (b) of rule 17, the District Magistrate or other Magistrate appointed as

aforesaid or the Magistrate deputed under CI. (b) of rule 17, as the case may be shall at

once inform the Head of the Railway Administration concerned and the Divisional Railway

Manager by telegraph, of the date and hour at which the inquiry will commence so as to

enable the Railway Administration to summon the requisite expert evidence, and thereafter

he shall proceed to the scene of the accident and conduct the inquiry.

19. Judicial Inquiry - A Magistrate making an inquiry under rule 17may summon any

railway servant and any other person whose presence he may think necessary, and after

taking the evidence and completing the inquiry shall if he considers that there are sufficient

grounds for holding a judicial inquiry, take the requisite steps for bringing to trial any

person whom he may consider to be criminally liable for the accident.

20. The result of magisterial inquiry to be communicated to the Head of the

Railway Administration - The result of every inquiry or investigation made under rule 17

shall be communicated by the Magistrate who has held such inquiry or investigation. to the

Head of the Railway Administration concerned and to the Commissioner of Railway Safety.

21. Procedure for summoning railway servants to assist the Magistrate holding

judicial Inquiry -(1) If in the course of any judicial inquiry into an accident occurring in the

course of working a railway the Magistrate holding such inquiry desires the assistance of the

Commissioner of Railway Safety or Head of the Railway Administration concerned, he shall

issue a requisition to the Chief Commissioner of Railway Safety or the Railway Board for the

presence of the Commissioner of Railway Safety or the Head of the Railway Administration,

stating at the same time the nature of the assistance required and if the assistance of any

Railway Officer is required the Magistrate shall issue a requisition to the Head of the Railway

Administration for his attendance in the Court.

(2) The requisition referred-to in sub-section (1) shall state the nature of the assistance

required in summoning railway officials the Magistrate shall take care not to summon on the

same day so large a number of the employees especially of one class, as to cause

inconvenience to the working of the railway. In the case of serious accidents the Magistrate

may obtain reports from the Commissioner of Railway Safety and the Head of the Railway

Administration concerned in regard to the accident before finally concluding the judicial

inquiry.

22. Communication of the decision of judicial inquiry to the Railway

Administration, Commissioner of Railway Safety and the State Government - On

the conclusion of the judicial inquiry the Magistrate shall send a copy of his decision to the

Head of the Railway Administration concerned and to the Commissioner of Railway Safety,

and shall, unless in any case he thinks it unnecessary to do so, report the result of the

inquiry to the State Government..

23. Police investigation -When to be dispensed with-Report on loss of life,

grievous hurt, or damage to railway property - (1) The Railway Police, may make an

investigation into the causes which led to any accident occurring in the course of working a

railway and shall do so whenever-

(a) any such accident is attended with loss of human life or with grievous hurt or

with serious damage to railway property of the value exceeding Rs. 25.00.000 or

has prima facie been due to any criminal act or omission; or

(b) the District Magistrate or the Magistrate appointed under rule 17 has given a

direction under Cl. (c) of that rule :

Provided that where, having regard to the nature of the accident, the Central

Government has appointed a Commission of Inquiry to Inquire Into it under the

Commissions of Inquiry Act, 1952 (60 of 1952), or has appointed any other authority to

Inquire Into it and for that purpose has made all or any of the provisions of the said Act

applicable to that authority, or where a magisterial Inquiry is being held under Cl, (a) or Cl,

(b) of rule 17, the Railway Police shall not make an Investigation under this rule, and,

where they have already commenced their Investigation shall not proceed further with it;

and shall hand over the records or other documents In their possession relating to the

Investigation to such authority as may be specified by the Central Government in this

behalf.

(2) The Railway Police shall report with as little delay as possible to the nearest Station

Master, or where there is no Station Master, to the railway servant In charge of the section

of the railway, on which the accident has occurred, every accident which may come to their

notice occurring In the course of working a railway attended with loss of human life, or with

grievous hurt or with serious damage to railway property of the value exceeding twenty-five

lakh rupees or which has prima facie been due to any criminal act or omission.

24. Status of police officer investigating the accident - (1) Whenever an

Investigation is to be made by the Railway Police-

(a) In a case In which an accident is attended with loss of human life or with

grievous hurt, or with serious damage to railway property of the value exceeding

twenty five-lakh rupees; or

(b) In pursuance of a direction given under Cl. (c) of rule 17 the Investigation shall

be conducted by the Head of the Railway Police of the area In which 'the accident

has occurred, or if that officer is unable to conduct the Investigation himself, by

an officer to be deputed by him.

(2) The officer deputed under sub-rule (I) shall ordinarily be the senior officer available,

and shall whenever possible be a Gazetted Officer, and shall no case be of a rank lower

than that of an Inspector:

Provided that the Investigation may be carried out by an office-in-charge of a police station

:

(i) In a case such as is referred to In Cl. (a) of sub-rule (I), if no loss of life or grievous

hurt has been caused to more persons than one or no damage to railway property of

value exceeding twenty-five lakh rupees has been caused or there is no reason to

suspect that any servant of the railway has been guilty of neglect of any rule relating

to the working of the railway;

(ii) In the case referred to In Cl. (b) of sub-rule (I), if the District Magistrate so directs.

25. Notice of police investigation - The officer who is to conduct an Investigation In

pursuance of rule 24 shall at once inform the Head of the Railway Administration concerned

and the Divisional Railway Manager by telegraph of the date and hour at which the

investigation will commence so that, if possible, the presence of a railway official may be

'arranged for to watch the proceedings and to aid the officer making the Investigation, and

thereafter, he shall proceed without delay to the scene of the accident and conduct the

investigation there; so, however, that the absence of a railway official shall not be allowed

to delay the Investigation which shall be conducted as soon as possible after the accident

has taken place.

26. Assistance by the District Police - (1) In every case to which rule 24 applies,

immediate information shall be given by the Railway Police of the area to the District Police,

who if so, required, shall afford all necessary assistance and shall, if occasion arises carry

the investigation beyond the limits of the railway premises. But the Railway Police of the

area shall primarily be responsible for carrying on the investigation within such limits.

(2) Subject to the provisions of these rules, the further prosecution of the case on the

conclusion of the police investigation, shall rest with the Railway Police.

27. Communication of the result of police investigation -The result of every police

investigation shall be reported at once to the District Magistrate or other officer appointed in

this behalf by the State Government to the Head of the Railway Administration concerned or

other officer appointed by him and to the Commissioner of Railway Safety.

28. District Police to discharge duties of Railway Police - Where there is 1:0

Railway Police in the area the duties imposed by rules 23, 24 and 25 sub-rule (2) of rule 26

and rule 27 on the Railway Police of the area or on the Head of such Railway Police shall be

discharged by the District Police or by the District Superintendent of Police, as the case may

be.

29. Repeal and saving -(1) The Railway (Notices of and Inquiries into Accidents) Rules,

1973 are hereby repealed.

(2) Notwithstanding such repeal anything done or any action taken under the rules

hereby repealed shall be deemed to have been done or taken under the corresponding

provisions of these rules.

THE STATUTORY INVESTIGATION INTO RAILWAY ACCIDENTS RULES, 1998

G.S.R.257, dated 17th December, 19981 - In exercise of the powers conferred by

Sec. 122 of the Railways Act. 1989 (24 of 1989) the Central Government hereby makes the

following rules. namely:-

1. (1) These rules may be called the Statutory Investigation into Railway Accidents Rules.

1998.


2. (1) (a) Inquiry into a serious accident by the Commissioner of Railway Safety - Where

the Commissioner of Railway Safety receives notice under Sec. 113 of the Railways Act.

1989 (24 of 1989) hereinafter referred to as the Act of the occurrence of an accident which

he considers of a sufficiently serious nature to justify such a course he shall as soon as may

be notify the Chief Commissioner of Railway Safety, the Railway Board and the Head of the

Railway Administration concerned of his intention to hold an inquiry and shall, at the same

time fix and communicate the date, time and place for the inquiry. He shall also issue or

cause to be issued a Press Note in this behalf inviting the public to tender evidence at the

inquiry and send information relating to the accident to his office address.

(1) (b) While notifying his intention to hold an inquiry as aforesaid the Commissioner of

Railway Safety shall also inform or cause to inform the Chief Secretary of the State, the

District Magistrate and the Superintendent of Police of the district concerned.

(2) For the purpose of this rule, every accident to a train carrying passengers which is

attended with loss of life of a passenger or passengers in the train or with grievous hurt, as

defined in the Indian Penal Code (hereinafter referred to as the grievously hurt) to a

passenger or passengers fu the train or with serious damage of railway property of a value

exceeding twenty-five lakh rupees and any other accident which in the opinion of the Chief

Commissioner of Railway Safety or the Commissioner of Railway Safety requires the holding

of an inquiry shall be deemed to be an accident of such a serious nature as to require the

holding of an inquiry.

These accidents shall be termed as "Serious train accidents".

(3) However for any accident the Chief Commissioner may either hold the inquiry himself

or direct any Commissioner of Railway Safety to do so.

Explanation -The inquiry under this rule shall be obligatory only in those cases

where the passengers killed or grievously hurt were traveling in the train carrying

passengers. If an accident involv1Ilg a train carrying passengers leads to loss of life or

grievous injury to any Railway Servant(s) irrespective of whether he was traveling in that

passenger train or not inquiry under this rule shall be obligatory. However. if a person being

a railway servant or holding valid pass or ticket or otherwise traveling outside the Rolling

Stock of a Passenger train (such as on footboard or roof or buffers but excluding the inside

of vestibules between coaches is "killed or grievously hurt or is run over at a level crossing

or elsewhere on the railway track, an inquiry under this rule shall not be obligatory.

Similarly, if in a collision between a road vehicle and a passenger train at a level crossing,

no passenger in the train is killed or grievously hurt, it shall not be obligatory to hold an

inquiry. For the purpose of this rule, workmen's trains or ballast trains or Material trains or

Accident Relief Trains or Tower wagons or such other trains carrying workmen or cattle

specials/Military specials carrying authorised escorts or similar such trains shall also be

treated as Passenger trains and in the event of a workman or escort being killed or

grievously hurt as a result of an accident to the train, an inquiry under this rule shall be

obligatory.

(4) When an accident requiring the holding of an inquiry-occurs at a station where the

jurisdiction of two or more Commissioners of Railway Safety meet, the duty of complying

with this rule shall devolve on the Commissioner of Railway Safety within whose jurisdiction

the railway working such station lies. At other such locations where the issue cannot be

resolved then it shall be finalised by the Chief Commissioner of Railway Safety.

(5) (a) If, for any reason, the concerned Commissioner of Railway Safety is unable to

hold an inquiry at an early date after the occurrence of such an accident, he shall intimate

by the fastest means of communication without any delay to the Chief Commissioner of

Railway Safety of the reasons why the inquiry cannot be held by him. The Chief

Commissioner may choose to conduct the inquiry himself or direct any other Commissioner

to take up the inquiry or decide to let the inquiry be conducted by the Railway

Administration. The concerned Commissioner shall thereafter notify the Railway

Administration and the Railway Board accordingly.

(b) On receipt of the proceedings of the joint inquiry (inquiry made by a Committee of

Railway Officers) from the Head of the Railway Administration in accordance with rule 15 of

Railway (Notices of and Inquiries into Accidents) Rules, 1998, the Commissioner of Railway

Safety shall scrutinise the same, and in case he agrees with the findings of the joint inquiry,

shall forward a copy of the report to the Chief Commissioner of Railway Safety alongwith his

views on the findings and recommendations made In case the Commissioner feels, he may

direct the Railway Administration either to conduct inquiry de novo or re-examine specific

issues and submit revised findings. On the other hand the Commissioner of Railway Safety,

after examination of the joint inquiry proceedings, considers that an inquiry should be held

by himself, he shall, as soon as possible, notify the Chief Commissioner of Railway Safety,

the Railway Board, and the Head of the Railway Administration concerned, of his intention

to hold as inquiry and he shall at the same time fix, and communicate the date, time and

place for the inquiry.

(6) (a) Where having regard to the nature of the accident, the Central Government has

appointed a Commission of Inquiry to inquire into the accident under the Commissions of

Inquiry Act, 1952 (60 of 1952), or has appointed any other authority to inquire into It and

for that purpose has made all or any of the provisions of the said Act applicable to that

authority the Commissioner of Railway Safety to whom notice of the accident has been

given shall not hold his inquiry and where he has already commenced his inquiry he shall

not proceed further with it and shall hand over the evidence, records or other documents in

his possession, relating to the inquiry, to such authority as may be specified by the Central

Government in this behalf.

b) If as a result of the Police Investigation a regular case is lodged in a Criminal Court

by the Police or arising out of the accident. a case is lodged in a Civil Court by interested

person(s). the Commissioner shall finalise his report and circulate the same as per rule 4, as

a strictly confidential document.

3. Commissioner of Railway Safety to submit a brief preliminary narrative

report -Where a Commissioner of Railway Safety has held an inquiry in respect of any of

the accidents described in sub-rule (2) of rule 2. he shall submit a brief preliminary

narrative report to the Chief Commissioner of Railway Safety and the Railway Board

simultaneously. In case Chief Commissioner of Railway Safety has held an inquiry in terms

of rules 2 (3) and 2 (5) he shall submit the brief preliminary narrative report to the Railway

Board. The report shall be factual and shall not contain any reference to persons implicated.

4. Commissioner of Railway Safety to submit a report -(1) Wherever the

Commissioner of Railway Safety has made an inquiry under rule 2. he shall submit a

confidential report in writing to the Chief Commissioner of Railway Safety and shall forward

copies of the report to-

(i) the Railway Board ;

(ii) the Railway Administration of all the Zonal Railways; -

(iii) in the case of a Railway under the control of a State Government or Local

Administration to such Government or administration if the accident has occurred in that

Railway:

(iv) other Commissioner of Railway Safety:

(v) the Director. Intelligence Bureau, Ministry of Home Affairs, Government of India. if

the Commissioner of Railway find that the accident was caused by sabotage or train

wrecking.

(2) In case the inquiry has been held by the Chief Commissioner of Railway Safety he

shall forward his report to the authorities mentioned in Ii) to (vi) of sub-rule (1) of this rule.

5. Publication of reports - Recommendations in regard to the publication of reports

shall be made by the Chief Commissioner of Railway Safety and Railway Board (Ministry of

Railways) informed accordingly in case the Railway Board has reservations on the

recommendations of the Chief Commissioner the matter shall be finally decided by the

Central

Government (Ministry of Civil Aviation).

6. District Magistrate or his representative to attend the inquiry conducted by

Commissioner of Railway Safety-Where no Magisterial inquiry is being made under CI.

(a) or (b) of rule 17 of the Ra.1lway (Notices of and Inquiries into Accidents) Rules, 1998,

the District Magistrate shall. as far as possible attend the inquiry conducted by the

Commissioner of Railway Safety personally or depute some other officer to represent him at

the inquiry.

7. District Superintendent of Police or his representative -The District

Superintendent of Police shall. as far as possible also attend the inquiry conducted by the

Commissioner of Railway Safety personally or depute some other officer to represent him at

the inquiry.

8. Commissioner of Railway Safety to assist the Magistrate of the Commission

of Inquiry etc. in clarifying technical matters- The Commissioner of Railway Safety, as

far as possible, assist any Magistrate making a judicial inquiry or an inquiry under rule 17 of

Railway (Notices of and Inquiries into Accidents) Rules. 1998 or a Commission of Inquiry

appointed under the Commissions of Inquiry Act, 1952 (60 of 1952), or any other authority

appointed by the Central Government to which all or any of the provisions of the said Act

have been made applicable, whenever he may be called upon to do so for the purpose of

clarification of any-technical matters.

9. Powers of the Commissioner of Railway Safety -Nothing in these rules shall

except to the extent provided in sub-rule (6) of rule 2, be deemed to limit or otherwise

affect the exercise of any of the powers conferred on Commissioner of Railway Safety by

Secs. 7 and 8 of the Act of 1989.

10. Repeal and Saving -(I) The Statutory Investigation into Railway Accident Rules

1973. published with notification of Government of India in the Ministry of Tourism & Civil

Aviation No. 22, dated 2nd June, 1973. Pt. II, Sec. 3 are hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the rules

hereby repealed shall be deemed to have been done or taken under the corresponding

provisions of these rules.

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