Indian Railways Claims for Compensation and Refunds of Overcharges PDF

11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR...

11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101. Prevention of claims for compensation.— Loss, destruction, damage, deterioration or non-delivery of animals and goods booked by rail not only involves claims for compensation but also results in loss of public goodwill. As such, reduction in the claims bill will be one of the indices of efficiency of the railway. Every effort must, therefore, be made by staff at all levels to reduce railway's claims bill. 2102. General responsibility of the railway administration.—In terms of section 93 of the Railways Act, 1989, a railway administration is responsible for the loss, destruction, damage, deterioration or non-delivery of animals or goods delivered to the administration for carriage by railway arising from any cause except the following :— (a) act of God; (b) act of war; (c) act of public enemies; (d) arrest, restraint or seizure under legal process; (e) orders or restrictions imposed by the Central Government or a State Government or by any officer or authority subordinate to the Central Government or a State Government authorized in this behalf; (f) act or omission or negligence of the consignor or the consignee or the endorsee or the agent of servant of the consignor or consignee or the endorsee. (g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods; (h) latent defects; and (i) fire, explosion or any unforeseen risk. Where such loss, destruction, damage, deterioration, or non-delivery is proved to have arisen from any one or more of the aforesaid causes, the railway administration can seek protection from liability for compensation only, if the administration further proves that it has used reasonable foresight and care in the carriage of the animals or goods. 2103. Liability after termination of transit (Section 99 of the Railways Act, 1989). (a) The measure of railway's liability referred to in Para 2102 lasts only while the consignments is in transit. After termination of transit, the railways become liable only as bailee under sections 151, 152 and 161 of the Indian Contract Act and that also for a period of 7 days after the termination of transit. If the consignment is not taken delivery of within 7 days of the termination of transit, no liability whatsoever will attach to the railway. If the consignment is at owner's risk rate the railway shall not be responsible as bailee unless misconduct on the part of the railway is proved. (b) The railways have no responsibility even that of a bailee after termination of transit in the case of— (i) explosives and other dangerous goods; (ii) animals; and https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 1/16 11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 (iii) articles prescribed in Part I of Schedule II of Railways (Extent of Monetary Liability and Prescription of Percentage Charge) Rules, 1990. (iv) pertshable goods. 2104. Liability in respect of consignments booked at owner's risk rate.—In the case of goods booked at owner's risk rates, the railway administration is not responsible for loss, destruction, damage or deterioration or as bailee during the period of 7 days after the termination of transit except on proof of negligence or misconduct as is the position while such traffic is in the course of transit. 2105. Liability in respect of consignments booked to sidings.—In terms of section 94 of the Railways Act, 1989, the responsibility of the railways for loss, destruction, damage, deterioration or non-delivery in respect of consignments booked to a private or assisted siding ceases when the wagon holding the consignment is placed at the specified point of interchange of wagons and a written intimation of such placement is given to the owner of the siding. Joint check of seal defective wagons including wagons containing iron and steel materials for which special packing conditions have been prescribed will have to be arranged when the defective conditions of the seal and for packing of the material is brought to the notice of the railway staff by the representative of (he siding owned at the time of taking over. Detailed instructions have been given in Para 3102.) 2106. Adhering to rules and regulations for preventing claims.—(a) With a view to ensure correst discharge of the statutory responsibility of the railway administration for the safe transport of goods and animals, all the railway staff, whether engaged on acceptance, examination, marking, weighing, booking, loading, tallying, labeling, dispatching, transshipping, unloading, storing or delivery of goods and animals and other allied duties, must ensure that the instructions contained in this Manual or notified separately by the railway administration are correctly acted upon. (b) With a view to ensure safe transit of he consignment to its correct destination, the consignor should be specially requested to— (i) obliterate all old marks on the packages; (ii) mark all the packages legibly and durably with private marks including consignee's name to ensure quick identification of the packages at the destination. (iii) provide leather, metal, cloth or wooden labels on each package which cannot be durably marked in the ordinary manner as required by the rules; (iv) sew a patch of white cloth for railway marks on all bundles of silk, cloth, blankets and cumblies; (v) affix paste-on labels on all packages using-gum of good quality so that the labels do not tear off during transit; (vi) affix distinctive marks / labels on all packages containing fragile, explosive and other dangerous goods indicating the nature of contents and any other special directions such as 'This side up' 'Handle with care', etc.; (vii) place inside each package an identification slip showing full name and address of the sender / consignee; (viii) pack the consignment as per tariff rules; (ix) load the wagons properly and with utmost care, wherever the loading is done by the sender. Ieaving6" vacant space on all sides and 18" space vacant near the door as illustrated below— https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 2/16 11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 (x) secure and protect the wagon load consignment of liquids in drums, tins, etc., with adequate wedges, straw, wooden strips, etc.; (xi) provide tarpaulins, gunnies or corrugated sheets on all open wagons loaded at the request of the sender : and (xii) fill up the forwarding note legibly and correctly, the additions and alterations, if any, being fully signed and not initialed. (c) To avoid any damage to or deterioration of the consignment after it reachers the destination, the consignee endorsee should be requested to— (i) unload the wagon with outmost care, wherever the unloading is to be done by the consignee; and (ii) effect book delivery and remove the consignment promptly. 2107. Thefts and pilferages -The railway administration provides adequate Police and Railway Protection Force officials with a view to prevent thefts and pilferages. The commercial staff must fully co-operate with them in apprehending and preventing crime, and give them such information as would assist in tracking the culprits. 2108. Adequate and suitable lighting and fencing arrangements in and around goods/parcels/repack/ transshipment sheds and station yards are necessary to prevent thefts and pilferages. The Station Master must bring to the notice of the Divisional Office specific cases where improved and better fencing and lighting arrangements are called for and also promptly report defects in the existing arrangements such as, a broken fencing wall, a loose vertical bar in an iron fencing, etc. 2109. Handing over of packages and wagons to the staff of Railway Protection Force at night.— (a) Where closed sheds / godowns are provided, all goods/parcels, etc. must, as far as possible, be put inside such sheds godowns before they are closed for the night. The Station Master/Goods Clerk/Parcel Clerk must go round with the Rakshak on duty and padlock the doors. Except two doors on the opposite side of the shed/ godown, which will be locked and the remaining doors should be secured and locked sealed from the outside, as laid down in Para 2131, the remaining doors should be secured and locked from inside. Station seal should be affixed on all the locks used on the outside of the doors. The Rakshak must satisfy himself that the locks are in correct position and do not open up en being handled with force and the seals are intact before recording a certificate to this effect in a register to be specially maintained for this purpose. The Station Master/Goods Clerk |Parcel should also certify in the same register when taking over charge of the shed/godown next morning that the padlocks were found correctly locked and with seals inact. The keys and the seal should be kept in the safe custody of the Station Master/Chief Goods Superintendent / Chief Parcel Supervisor, and in no case should the keys and seal be handed by unauthorized persons. (b) The description and marks of all packages lying in open must be entered in a register to be specially maintained for this purpose by one of the Goods/Parcel Clerks detained on this job at https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 3/16 11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 the time of closing of the goods shed / parcels office. All the packages so entered will be made over in charge to the Rakshak on duty, who should count the total number of packages before signing the register in token of having correctly taken over the charge of the packages. When the goods shed/parcels office opens next day, the packages should be counted and reconciled by the staff taking over the charge from the Rakshak on duty. The consignments made over to the Rakshak on duty should be stacked properly and at one or two convenient places to facilitate easy count and effective check;. (c) In the case of loaded wagons made over to the Railway Protection Force for the night, the Rakshak on duty should examine the seals, check lines and other protective packing on the wagons, and after satisfying himself that they are intact, certify to that effect in the register in which the particulars of the wagons made over in charge will be entered as in the case of packages. The Rakshak will obtain the signature of the staff to whom the wagons are made over the next day. In case, any of the wagons in the charge of the Rakshak on duty are despatched from the station during the night, he should obtain the signature of the Trains Clerk or the Guard of the train, as notified by the railway administration, in the charge register in token of having made over the wagons correctly, with seals, check lines and other protective packing intact. As far as possible, the wagon made over in charge to the Rakshak on duty should not be kept in isolated sidings. (d) Once the goods/parcel, etc., goods sheds and parcels depots have been made over in charge to the Rakshak on duty, the station staff should not have any access to them, no removal of the packages made over in charge should be permitted except under a written authority from the Station Master on duty. This written authority should be pasted in the charge register after obtaining the acknowledgement of the person removing the packages. (e) At stations, where no Rakshak is available due to any reason, whatsoever, the station staff on duty should keep a watch over the packages lying in the open as also on the sealed goods shed | parcels office and the loaded wagons lying in the yard. 2110. Prevention of loss or damage to consignments at destination stations.—To prevent loss of or damage to consignments at the destination station, the Station, Masters should ensure that - (i) the operations of unloading, stacking and delivery of goods and parcels are done with due care under proper supervision; (ii) ground inventory of parcels / goods on hand is regularly taken and linked to locate old packages and detect losses promptly; (iii) unauthorized persons and persons having no legitimate business in the goods shed | parcels office are kept out; (iv) a watch is kept on packages lying on open platforms or outside the parcels office goods shed to prevent thefts; (v) tampered packages are sealed jointly by the station staff and a representative of the Railway Protection Force, wherever available, after recording the nature of damage and the result of reweighment in the unloading tally book/parcels delivery book before such packages are secured in cages or rooms provided for this purpose; (vi) gate passes are written out and issued after scrutiny ; (vii) vehicles taking out delivered articles are properly checked and the articles are tallied with the relevant gate passes; and (viii) the register of undelivered goods is regularly posted. 2111. Protection of loaded wagons in yard.—Prescribed security arrangements must be https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 4/16 11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 made for guarding the wagons, specially those containing valuable articles, lying in the yard. Appropriate precautions should also be taken in the shunting operations of Wagons containing valuables, fragile, explosive and other dangerous goods. 2112. Protection of goods in transit—(a) Seal checking should be made effective so that running train thefts could be localized immediately. (b) As far as possible, wagons containing valuable articles should be marshaled nearer to the brake van. This will enable the Guard to exercise better supervision over such wagons with a view to detect thefts immediately. (c) When a goods train is held up at the signals or is moving slowly, the chances of the thieves boarding the train specially during the night hours, being greater, the Guard should keep a sharp look out on both sides of the train specially on sections where thefts or running train robberies are known to have taken place earlier. (d) As far as possible, goods trains consisting of open wagons carrying food grains and other valuable materials should be escorted by the staff of the Armed Wing of the Railway Protection Force specially during night hours as also on the vulnerable sections. In such cases, separate vans for the use of escort party should be attached with the goods train preferably in the middle of the train or nearer to the wagons to be protected. 2113. Misdespatches and exchanges.—The most effective method to prevent misdespatches and exchanges is to insist on strict observance of rules laid down for private and railway marking and for obliteration of old marks. Apart from the publicity campaign carried out by the railway administration through the media of Press and through posters and leaflets, etc., "P. L. M. Check up Weeks" are held twice a year to focus the attention of all concerned on this aspect of railway working. It is the duty of the Station Master and other concerned supervisors to exercise regular and adequate checks to ensure that staff scrupulously observe the prescribed instructions for marking and labeling of packages. 2114. Care should be taken in loading, repacking and transshipping of goods and parcels. The packages to be loaded into each wagon must be stacked separately and a little apart. As these packages are loaded into the wagon, they should be carefully tallied to avoid wrong loading and consequent misdespatches. The Porters must not load the goods / parcels without proper supervision or instructions. 2115. Special attention mast be paid to the instructions contained in— (i) para 1455 for transit invoices to accompany the consignments ; (ii) para 1534 for preparation of summaries and placing them inside the wagons ; (iii) para 1536 for the pasting of paste on labels on inside panels of the wagon doors ; (iv) para 1537 for preparation of wagon labels in capital letters using blue pencil ; and (v) para 1581 for preparation of fresh labels after transshipment of contents of the damaged wagons. 2116. Unloading Clerks should remove all 'paste-on labels' immediately after the relevant consignments have been unloaded. Before the wagon is loaded again, the Loading Clerk must see that there is no such old label on the wagon. 2117. Connecting the unconnected consignments in wagon loads.—The following action should be taken by the station staff to connect the unconnected wagon received at the station :— (1) As soon as an unconnected wagon is received, the particulars thereof together with the train by which it was received should be advised telegraphically to the train originating station, the Train Controller, and th-3 Divisional Commercial Superintendent. On controlled sections, such information should also be passed on to the Section Controller on phone. The Train Controller, will ascertain the correct destination of the wagon by tracing its backward passage through his https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 5/16 11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 counterpart in the Divisions in the rear, if necessary, and advise the same to the Station Master. (2) If the above enquiries do not give any clue to the correct destination of the wagon, its contents should be checked in the presence of a representative of the Railway Protection Force (or Government Railway Police, when Railway Protection Force Staff is not available) with a view to ascertain the correct destination from the marks on the packages, transit invoice, if any, in the wagon or from the 'Paste-on labels' on the inside panels of the wagon doors. If correct destination is ascertained, the wagon should be dispatched after sealing it, wherever required by the rules. Details of all such checks will be recorded in the relevant register as laid down in Para 1578, the entries in the register being countersigned by all the officials in whose presence the check is exercised. (3) If there is any doubt about the destination of the wagon, e.g., when there are more than one marks on the packages due to old marks not having been obliterated, the matter should be referred to all the concerned stations over control phone or by telegram and only on receipt of confirmation of the correct destination, should the wagon be dispatched to that station. (4) In the case of loose consignments such as coal, kunker, timber, etc., which bear no identification marks, or in the case of bagged consignments or package bearing no marks, enquiries should be made locally to ascertain if a consignment of such a nature was due at the station, and if so, the relevant railway receipt should be examined in respect of wagon number, contents, etc., and the matter followed up. (5) The possibility of the unconnected wagon being not the one in which the consignment was originally loaded, by another one in which the contents were transshipped en route, should not be lost sight of during the course of enquiries. (6) Simultaneously, a 'first information report' in Form Com.|C-26 should also be submitted to the Divisional Commercial Superintendent for necessary action indicating full particulars of the unconnected wagon, the action already taken to connect it and the results thereof. (7) If in spite of taking action as detailed above and adopting any other possible measures to connect the wagon, it has not been possible to connect the wagon within 72 hours from the time of receipt of wagon, its contents should be unloaded and stacked in a safe place. If no satisfactory storage accommodation is available at the station, instructions of Divisional Office should be obtained. (8) A statement of unconnected wagons lying at stations should be sent on the 1st and 15th of each month to the Chief Commercial Superintendent who will put on Claims Tracers or other staff to expedite the process of connecting the wagons Dy personal enquiries. (9) In tracing the correct destination of a wagon, full advantage must be taken of the movement record of wagons maintained by the Indian Railway Conference Association. 2118. Connecting the unconnected packages.—The following action should be taken by the station staff to connect the unconnected packages received at a station :— (1) The private or railway marks on the packages should be carefully examined to see if there is any clue of the correct destination. If so, the packages should be dispatched to that station. (2) If there are no marks on the packages or marks are not decipherable, the last dispatching station should be telegraphed to and movement of the packages traced backwards. Telegraphic reminder should be issued if a reply is not received, docketting a copy of the telegram to the Divisional Office for taking up with the staff at fault. (3) Arrangements should be made for opening the package in the presence of a Traffic Commercial / Claims Prevention Inspector and the staff of the Government Railway Police or the Railway Protection Force to see if any identification slip or any other particulars are contained therein to give a clue to the correct destination to which package may be dispatched. An inventory of the contents of the package should be taken and recorded in Form Com./C-27, which should be signed by all the witnessing officials. https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 6/16 11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 2119. Storage of unconnected packages |consignments.—All unconnected packages |consignments including those received in excess or in exchange and the packages lying at the station under dispute should be kept in a separate space earmarked for this purpose so that these may not get mixed up with other packages. Such packages should be properly stacked and taken care of, the valuable packages being kept in sheds| godowns under lock and key or in charge of the staff of the Railway Protection Force. Full particulars; of the receipt with other available details should be indicated on each package or consignment by pasting suitable labels wherever necessary. 2120. Transfer of unconnected packages to the lost property office.—If after taking all possible measures, packages / consignments remain unconnected for a period of one month for any other period prescribed by the railway administration for this purpose, they should be transferred to the lost properly office as prescribed in Chapter XXL The particulars of such transfer should be recorded against the relevant entry in the register of unconnected packages / wagons and the Headquarters Office advised immediately. 2121. Maintenance of files for unconnected packages consignments.—A separate file must be maintained for each unconnected package consignment and a reference to this file should be noted in the register of unconnected packages wagons : detailed particulars of the action taken need not be indicated in the register of unconnected packages wagons. All files pertaining to the unconnected packages| consignments on hand should be kept in a separate bundle for easy reference. As soon as a package| consigoments is disposed of and the disposal has been recorded in the register and advised to the Headquarters Office, the relevant file should be transferred to a separate bundle marked 'Unconnected packages and consignments—Disposed of. 2122. Register of unconnected packages| wagons.— Full particulars of the unconnected packages| wagons received at the station should be recorded immediately in the register of unconnected packages | wagons, which should be maintained at all stations in the proforma appearing at Appendix XXl/A. Separate registers should be maintained for (i) full wagon loads and (ii) smalls. Before bringing the register in use its pages should be numbered in manuscript, if not already machine numbered, to obviate the possibility of tampering with the leaves of the register after it is brought in use. In the case of machine numbered register, the page numbering should be checked before the register is brought in use. 2123. Statement of unconnected packages consignments on hand.—(a) A statement of all unconnected wagon load consignments remaining on hand should be prepared on 1st and 15th of each month, in triplicate, by carbon process. One copy of the statement should be submitted each to the Headquarters Office and the Divisional office and the third copy retained as station record. Particulars of the disposal of each such consignment should be advised to both the Headquarters and the Divisional Office immediately after the disposal. (b) Similarly, all unconnected packages lying on hand at the station on the 1st of each month should be listed in the statement of unconnected packages, which should be prepared and disposed of in the same manner as laid down for wagon load consignments vide clause (a) above. Particulars of the disposal of each such consignment should similarly be advised to the Headquarters and Divisional Office. (c) Separate statements of unconnected wagon load consignments / packages should be prepared for goods and parcels traffic. 2124. Delay in transit.—(a) In terms of section 95 of the Railways Act, 1989 the railway administration shall not responsible for loss, destruction, damage or deterioration of any consignment proved by the owner to have been caused by delay or detention in their carriage, if the railway administration proves that delay or detention arose for reasons beyond its control or without negligence or misconduct en the part of the railway administration or any of its servants. It should, therefore, be ensured that— (i) no avoidable delay occurs to consignments in transit; https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 7/16 11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 (ii) smalls are invariably dispatched in vans sealed to the farthest point; (iii) perishable traffic booked at parcels rate is carried by passenger or mixed trains and not by goods trains; (iv) when due to interruption of through communications, perishable consignments are held up, instructions of the sender / consignee are obtained in accordance with the instructions laid down in Para 974; (v) seal defective wagons containing perishable consignments are not detained for checking of contents; in such cases support seals should be put on and wagon pushed through to destination; (vi) minimum time is taken in checking of contents of wagons detected en route with defective seals; (vii) particular attention is given for correct preparation of labels; and (viii) if a consignment of luggage, parcels or goods is not received within a reasonable time, action should be taken vide paras 830, 964 and 1746 respectively. (b) In order to prove that the delay was not caused due to any negligence or misconduct of the railway administration or any its servants, complete record of detention to wagons (containing full loads or smalls) and Consignments at the booking, transhipment, junction and other intermediate stations should be properly maintained and carefully preserved. (c) Separate registers should be maintained for detention caused to (i) full load consignments, (ii) smalls, and (iii) parcels and luggage. Suitable remarks should be passed against each entry in the register showing the reasons for detention. The reasons should be in sufficient detail for determining whether or not detention was unavoidable. Similar record should also be kept for wagons which have been detained and carried over a route, other than the booked route, clearly indicating against each entry the cause of diversion such as congestion in the yard, operational necessities, etc. 2125. Prevention of damage by wet.—During the monsoon season the following instructions should be carefully observed to prevent damage to consignments by wet :- (1) As consignments are liable to get damaged through a leaking roof or due to defective rain water pipe or due to rain water flowing from the open platform into the covered shed, any such defect, where observed, must be got removed immediately. (2) All damageable goods awaiting loading of delivery and those lying in transhipment sheds must be kept under cover or protected with tarpaulins (Para 1724). The Station Masters and Goods Clerks will be personally responsible to ensure that a sufficient stock of tarpaulins in good condition is kept at the station for this purpose and that the instructions for covering the goods are strictly observed by the staff concerned. (3) Before acceptance, consignments of grains, pulses, seeds, etc., should be thoroughly examined to see that the contents are not wet or damp, and if these are not tendered in good and dry condition suitable remarks must be obtained on the forwarding notes and reproduced on all the foils of the invoice vide Para 1418. (4) Goods liable to be damaged by rain water should be loaded in water-tight wagons, the leaks or holes, if any, found in a wagon being plugged before loading, assistance of Train Examiner being obtained where necessary (Para 1509). (5) When non-water-tight wagons are used, goods must be properly covered by tarpaulins (Para 1509). (6) Floors of wagons must be thoroughly cleaned before loading. https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 8/16 11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 (7) Damageable consignments must be loaded 18" (46 cms.) away from wagon doors on both sides. Door crevices should be plugged with gunny strips (para 1507). (8) All manholes and ventilators must be closed and secured before loading consignments damageable by rain. (9) While unloading consignments like grain and pulses, sugar, piece-goods, etc., which are ordinarily susceptible to damage by wet, the outward condition of the bags or bales should be carefully noted. (10) If Inward consignments are found to have been damaged by wet, a certificate should be obtained from the carriage and wagon staff, where available, about the condition of the wagon or wagons in which the damaged goods were received. Where the carriage and wagon staff are not available, the wagon should be examined for water-tightness by the Unloading Clerk by closing the door and seeing whether rays of light are coming. A certificate as to whether the wagon was water-tight or not should be carefully noted in the unloading tally book. (11) While unloading, the position of the damaged packages inside the wagon shall also be carefully noted in the unloading tally book. 2126. Prevention of damage by fire.—The Railway Fire Services function under the administrative control of the Security Branch, who are responsible for the efficient functioning of the Fire Service Units, both operational and maintenance. However, it is the primary duty of every railway servant to protect the railway property, committed to the care of the railway for carriage, from fire and also to render necessary assistance when a fire breaks out irrespective of the fact whether he is on duty or otherwise. 2127. Fire fighting equipment (chemical extinguishers, implements for cutting out an opening in sheds, buckets, sand bins, hydrants, etc.) are provided in the transhipment sheds, goods sheds, parcels depots, lost property offices, etc. These appliances must always be kept in readiness for immediate use, wherever necessary. Occasional checks should be exercised to see that the apparatus is intact and in working order. All such appliances should be kept at a convenient place which should be known to all the staff. 2128. The station staff must be trained in the use of these appliances by a system of 'Fire Drills' suitable for each station. These drills must be arranged at fixed intervals as prescribed by railway administration and the results thereof recorded in a register to be maintained for this purpose. 2129. All inflammable articles like bhoosa, grass, firewood, timber, etc., must be stacked at a safe distance from other goods and buildings. No naked lights should be allowed to be brought near such articles. 2130. Smoking, lighting of fires and cooking in the goods, parcels and transhipment sheds should not be permitted. 2131. To facilitate fire fighting operations, at least two doors on the opposite sides of the sheds should be locked and sealed from outside so that, when necessary, either of these doors is available for entry of fire fighting services. 2132. Where electric lighting is provided in closed sheds and offices, it should be ensured that the main switch is accessible at all times. 2133. Steps should be taken to ensure that explosive, inflammable and other dangerous goods are stored properly and disposed of quickly in accordance with the rules and instructions in force. 2134. When fire actually breaks out, every effort should be made by all to put out the fire, seeking assistance from the Railway Protection Force, help being also obtained from other possible sources such as, fire extinguishing services in the town. 2135. After the fire has been put out, an inventory of the goods lying in the goods, parcels or transhipment sheds must be taken showing the results of re-weighment along with the staff of https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 9/16 11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 the Railway Protection Force and separate lists made out of the goods (i) which have escaped fire and (ii) those involved in the fire and burnt or salvaged. The statements should be signed jointly by the Station Master and the representative of the Railway Protection Force. 2136. (a) In the case of consignments involved in fire at booking station, the Station Master must advise the consignor of the occurrence and obtain his acknowledgement. He should also advise the destination station to intimate the consignee and obtain his acknowledgement to the advice. In the case of an intermediate station, the Station Master must advise the sending and destination stations by telegrams, who in turn must advise the consignor and consignee respectively, about the occurrence and get their acknowledgement of the advice. (b) The cause of the fire must not be stated in the advice sent to the consignor or the consignee. 2137. Full particulars of the occurrence as also of the consignments involved in the fire must be reported by the station, where the fire has occurred, to the Chief Commercial Superintendent and his instructions obtained about the disposal of the goods salvaged. 2138. Maintenance of fire fighting appliances.—The Supervisor in charge of a goods shed / parcels depot | transhipment- shed is responsible to ensure that— (i) 'fire prevention' instructions issued from to time are strictly observed; (ii) 'no smoking' notices, are pasted wherever smoking is considered dangerous; (iii) notices indicating current telephone number of the nearest fire brigade are displayed at stations, goods sheds, parcels offices, etc., and that the staff knows how to summon a fire bridge; (iv) where tanks, barrels or buckets are provided, these are always kept filled with water and conveniently placed in suitable positions and that a little lime is put in the water to prevent of breeding of mosquitoes; (v) where separate sand bins are not provided, at least one out of four fire buckets is filled with sand or earth, which should be toppled or changed at least once every month; (vi) water receptacles and other fire fighting appliances are kept in a position from which they could be taken out for use at a moment's notice and that all staff know where to find them in case of need; and (vii) defects, if any noticed in the fire fighting appliances are rectified with least possible delay. 2139. Rough handling--To avoid rough handling a determined and sustained effort should be made by all supervisors and others engaged in the handling of traffic. 2140. The procedure laid down in para 1507 to 1509 in regard to the precautions to be taken when loading a wagon must be carefully observed. 2141. Provisions of adequate storage facilities for goods and parcels should receive special attention of the Commercial Officers and Supervisors during inspections. 2142. Cases of waniton indifference or carelessness ness on the part of the staff in handling or disposal of goods or bad transhipment resulting in claims claims should be taken up. Staff may also be called upon to reimburse the amount of compensation in full that may be paid by the railway administration in such cases. 2143. Rough handling shunting weeks.—To educate the trading public as also the railway staff in the proper handling of goods, and the railway staff in the careful shunting of wagons, 'stop rough handling / shunting' weeks are observed periodically as notified by the railway administration. Supervisory staff should personally visit important stations, goods sheds, parcels offices, transhipment sheds etc., in their charge and arrange to educate the staff in respect of correct handling of goods through lectures, demonstrations, films, etc. Similar procedure should https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 10/16 11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 be followed by Yard Supervisors, Station Master and Traffic Inspectors to educate the yard shunting staff in correct shunting methods and in the various precautions required to be observed during shunting. 2144. The instructions imparted as above must be observed by the staff in the performance of their day-to-day duties and not during the organized weeks only. 2145. Prohibition against grant of railway receipts before the actual receipt of consignments on railway premises.—Except where otherwise provided as in the case of the loading done at a private or assisted siding, a railway receipt should not be granted until the relevant consignment has actually arrived in full on the railway premises and has been accepted by the staff deputed for this purpose. 2146. Forged railway receipts.—To guard against the fraudulent use of railway receipts, the following instructions should be observed :— (1) The railway receipt books should always be kept under safe custody; in no circumstances should they be allowed to lie in an insecure place (see also paras 916 and 1440). (2) Whenever a railway receipt book, or any foil thereof, is found to be missing, the fact must be immediately reported to the Divisional Commercial Superintendent and Chief Commercial Superintendent for issuing necessary notification to guard against fraudulent use. (3) Instructions contained in Para 956 and 1821 must be carefully observed. (4) Adequate care should be exercised in regard to the identity of the person taking delivery or requiring booking in suspicious circumstances. (5) If, as a result of scrutiny, there is any doubt about a genuineness of the railway receipt produced, the information should at once be sent to the nearest Government Railway Police station outpost so that the person concerned could be" apprehended and dealt with under the law. (6) The invoice must be sent promptly to destination stations, which should account for the same properly and immediately in the delivery books. (7) Inward and outward index registers must be maintained and action for missing and irregular invoices should be taken immediately. 2147. Register of undelivered goods.—(a) A register should be kept in every goods shed and parcel office in respect of all consignments remaining undelivered showing the condition of— (i) all articles of Part I of Schedule II of Monetary Liability Rules 1990, animals, perishable, explosives and other dangerous goods not removed within free time allowed for wharfage; and (ii) all other articles not removed within 7 days after expiry of free time allowed for wharfage. (b) The register of undelivered goods should be posted daily giving the details of the consignments which come under the above categories. The register should show the condition of the consignments at the time of expiry of free time for wharfage : for example, if a consignment is in a pilfered condition or if the planks, etc., of a case or crate are broken, or if a bag is in slack or torn condition, particulars of such packages and their weight, found on reweighment should be recorded in the register. The register should also show the condition of the consignment on the expiry of 7 days after the end of free time. (c) Such consignments should be kept carefully in safe custody. When such consignments are delivered, the date of delivery should be shown against the relevant entry in the register to be maintained in the pro forma appearing at Appendix XXI / B. 2148. Entries in books and documents.—The station staff must ensure that all documents, registers, books, etc., in connection with booking, transit and delivery of consignments are https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 11/16 11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 written legibly and carefully without using unauthorized abbreviations and that these are carefully preserved. 2149. Settlement of claim.—(a) Normally, the Claims Office of the railway is responsible for ensuring settlement of claims for loss, damage, destruction, deterioration, or non-delivery of animals and goods. Station Masters of certain important stations and other officials are also authorized to deal with and dispose of petty claims valued upto Rs. 400 per railway receipt barring the claims arising out of- (i) consignments booked from or via railways within the territories outside India: (ii) consignments or package / packages forming part / parts of consignments not received at the destination; (iii) alleged fall in market or other remote loss due to delay in delivery; (iv) consignments booked at owner's risk; (v) consignments covered by railway receipts showing adverse remarks as to the compliance of prescribed packing conditions; (vi) departmental claims, the settlement of which is effected through book adjustments; and (vii) claims preferred by Central or State Governments. (b) The names of the stations and other officials so authorized will be notified separately by each railway administration. Station Masters and other so authorized officials are not permitted to delegate their powers in respect of the settlement of petty claims. (c) Claims should be entertained only when the same is preferred within 6 months, from the dale of booking of the consignment. 2150. The Central Claims Office will issue suit able instructions for ensuring general control over all payments made and for the guidance of the Station Masters and other officials authorized to settle claims. These instructions will, inter alia, indicate— (i) the circumstances in which payments may be made or withheld because of the protection afforded to the railway administration under the Railways Act; (ii) that the official settling the claim should verify that damage or pilferage, etc., for which payment is made was duly reported at the time of unloading and that the staff responsibility for loss or damage, if any, at the destination station is fixed; and (iii) the form in which the statements regarding settlement of claims are to be submitted to the Central Claims Office. 2151. Printed forms for preferring claims, in the pro forma appearing at Appendix XXT / C, will be provided at important stations for the convenience of claimants to ensure that they furnish full information on all relevant points. The claimants should be advised invariably to prefer their claims on proper forms. 2152. Applications and other references form public pertaining to claims arising from loss or non delivery of consignments and such other refunds, which the Station Master is not authorized to settle, should if received at the station, be forwarded to the Chief Commercial Superintendent for disposal and the party concerned advised accordingly with a request to correspond further with the Chief Commercial Superintendent. 2153. To assist the Claims Office in arranging expeditions settlement of claims, Station Masters must ensure that all references received from the former are replied to promptly and information required is furnished in all its details. 2154. Missing and damaged goods report.—In all cases of goods lost or damaged, a 'missing https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 12/16 11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 and damaged goods report' must be prepared in Form Com. / D-I Rev. and submitted by stations to the Claims Office. These reports must be submitted as soon as a consignment is delivered under qualified remarks and must not be detained till called for. 2155. Missing and damaged goods reports must be numbered serially, separate series being used at large stations for goods and parcels including luggage. Copies of these reports should be retained at stations. Great care should be taken in the preparation of these reports and all the spaces provided must be carefully and legibly filled in. All the documents referred to in the form must accompany the missing and damaged goods report. Any other information, which, in the opinion of he Station Master, will help the settlement of the claim, must be furnished along with the report to avoid further references from the Claims Office. 2156. It should also be made clear in the missing and damaged goods report whether the person claiming the compensation was the invoiced consignee / endorsee or the railway receipt was endorsed in his favour and whether he is the rightful claimant for compensation. 2157. Claims for refund of overcharge.—To ensure that the number of claims for refund of overcharge, is kept as low as possible, the staff employed on booking of passengers, luggage, other coaching and goods traffic must see that fares, freight and other charges are calculated correctly. For this purpose, all tariff passenger fare notebooks; for through tariffs ( Para 261), goods rate registers (Para 1438), etc., must be kept up-to-date. All notifications issued by the railway administration inviting attention to common errors resulting in overcharges must be carefully studied and acted upon. 2158. Refund of overcharges due to error in rate, classification, or computation of freight, at the time of delivery.—(a) Station Masters should allow refund of overcharges at the time of delivery in the case of consignments booked freight To-pay, where it is clear that the charges invoiced are incorrect due to any of the following reasons provided the consignment tallies with the description shown in the invoice / way-bill :— (1) Error in rate not affected by description or condition of carriage. (2) Error in classification, i,e,. an error where a consignment as mentioned in the tariff is correctly described on the invoice or way-bill but charged under a wrong class. Overcharges claimed in respect of goods not specifically mentioned in the tariff, and regarding which doubt exists as to the correct class chargeable, do not come under this head. (3) Error in calculation. Note -In the case of error in calculation no overcharge is to be allowed or refunded without first carefully rewriting the consignment with a view to ensuring that the error do not really exist in the entry of weight. (b) The following examples illustrate the cases to which Station Masters are authorized to allow refunds :— (1) A consignment of haberdashery in Wagon load classified at class 180 weighing 130 quintals is booked "To-pay' ex. Bombay (Carnac Bridge) to New Delhi and charged at the rate of Rs. 66.47 instead of Rs. 6637. This is a case of error in rate and the overcharge can, therefore, be refunded by the Station Master at the time of delivery. (2) A consignment of "Jeera Seed, white" in wagon loads, classified to be charged at class 140, booked 'To-pay' and erroneously classified at class 180 and charged as "Jeera Seed black" under main head "Spices" this is a case of error in classification and the Station Master is authorised to allow refund of the overcharge at the time of delivery. (3) The fright charges on a consignment weighing 20 quintals booked To-pay at. the rate of Rs. 10.20 per quintal are computed at Rs. 240.00 instead of Rs. 204.00. This is a case of error in calculation and the Station Master is authorized to allow refund of the overcharge at the time of delivery. https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 13/16 11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 2159. Procedure of refund of an overcharge by Station Master.--(a) When, in terms of the preceding Para, a refund of an overcharge is admissible, only the net amount due should be recovered from the consignee (endorsee who should be requested to record the actual amount paid by him in the delivery book over his signatures. The consignee's acknowledgement for the amount refunded to him should also be obtained on the back of the relevant railway receipt and in the refund list (see Para 2160). Such acknowledgement in any of the regional languages other than Hindi should be rendered into Hindi or English by the staff granting the refund. (b) original amount of the freight charges (as entered on the invoice / way-bill) and the amount refunded should be entered in the appropriate columns of the delivery books and relevant abstracts and summaries; the amount refunded should also be entered in the overcharge column of the relevant invoice / way-bill if the same is still on hand. (c) As excess refund allowed at the time of delivery will be debited by the Traffic Accounts Office in a similar manner as undercharges, adequate care should be taken to ensure that the refund is correctly due. 2160. List of refund of overcharges allowed to the time of delivery.—Overcharge due to error in rate, classification or computation of freight allowed at the time of delivery of goods or parcels should be entered in the 'List of overcharges allowed at the time of delivery'. These lists should be prepared in duplicate, by carbon process, in Form Com.|R-12 Rev. separately for goods and parcels, and local and through traffic. At the end of the month, total of column 'Amount refunded' should be cast and special credit for it taken in the relevant balance sheet. One copy of each list should be submitted along with the balance sheet in support of the credit claimed and the other copy retained as station record. In the case of goods traffic received from Government railways, for which the original invoices are not required to be submitted separately to the Traffic Accounts Office (see Para 2060), the relevant invoices or Transit invoices should be attached with the refund list before it is submitted along with the balance sheet. In other cases, the refund lists should be accompanied by copies of the relevant invoices / way-bills. 2161. Refund of overcharges by Chief Commercial Superintendent.—Refund of overcharges in all cases other than those referred to in Para 2158 can only be allowed by the Refunds branch in the Headquarters Office. These refunds include— (i) error in weight, description or routing of traffic; (ii) error in rate, classification or computation of freight, claimed after delivery of goods |parcels; (iii) amount twice paid; and (iv) overcharges of 'Paid' consignments. In all such cases, the Refund branch will call for an overcharge sheet (From Com|0-7 Rev.) from the station collecting the freight. It should be ensured by the Station Master that the overcharge sheet complete in all respects is submitted to the Refunds branch without delay. 2162. A remark about its submission to the Refunds branch should invariably be entered against the relevant entry in the cash book / goods outward book or delivery book, as the case may be, to prevent the possibility of a second overcharge sheet being passed in respect of the same consignment. 2163. Overcharges due to error in weight.—If there is an error in weight and the refund is claimed at the time of delivery the whole consignment should be re-weighed except at large depots with a gazetted officer in charge, where it will be sufficient to reweigh ten per cent of bagged consignments of not fewer than thirty bags provided that (i) reweighments are made under the personal supervision of the officer in charge or his designated assistant officer and (ii) the bags are certified by the same authority, to be of uniform size and in good condition. At stations where there are no means of weighing consignments, a reference should be made to the Station Master of the forwarding station or the station en route, at which the consignment was weighed. Full details of weighment should be given on the reverse of the overcharge sheet. When the result of weighment has been communicated by the forwarding or any other station, the original letter / telegram admitting the overcharge should be sent to the Refunds branch along with the https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 14/16 11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 overcharge sheet. 2164. For all refunds of overcharges due Vo error in weight, the correct weight will be certified by the Commercial Officer (Refunds) on the overcharge sheet before it is sent to the Traffic Accounts Office for certification or post check, as the case may be. 2165. Overcharges due to error in description of goods or routing of traffic.—(a) If the overcharge be the result of an error in description of goods or routing of traffic, the correct description of goods or the correct routes should be certified by the Commercial Officer (Refunds) on the overcharge sheet before it is sent to the Traffic Accounts Office for check. (b) Similarly, in the case of a commodity not sped-nearly classified in the General Classification of Goods or about which doubt exists as to the classification under which it is chargeable, the correct classification will be certified by the Commercial Officer (Refunds) on the overcharge sheet before it is sent to the Traffic Accounts Office. 2166. (a) When the dispute in description is of such a nature that an error is apparent, a sample of the consignment should be taken before delivery (which should be effected on collection of the charges at the higher rate) and sent to the Refunds branch along with the overcharge sheet. Where the sample cannot be sent with the overcharge sheet, it should be kept in the safe custody of the Station Master, advising the full facts of the case to the Refunds branch and the Traffic Accounts Office. (b) In the case of doubt, consignee's complaint should only be recorded and he should be directed to address the Chief Commercial Superintendent, forwarding documentary proof of the correctness of his contention and explaining how the sender wrongly described the consignment. If the delivery of the consignment is affected a sample should be taken and retained in the custody of the Station Master till further instructions from the Chief Commercial Superintendent who should be apprised of the fact by the Station Master. A copy of the report should also be sent to the Traffic Accounts Office. 2167. Overcharges in connection with amounts twice paid.—An overcharge sheet (Forth Com|0-7 Rev.) will be prepared by the Refunds Office who will submit it to the Traffic Accounts Office direct for certification. The Traffic Accounts Office will then advise the Refunds Office to issue a pay order for the refund. In the case of 'through traffic', the overcharge sheet will be certified by the Traffic Accounts Offices of both the forwarding and the receiving railways before the refund is made. 2168. Pay orders, (refund).—When refund of an overcharge in freight or fare is found to be due, the Refund branch will issue a pay order (refund) in Form Com.|P-23 Rev. authorizing the Station Master to pay the specified amount to the payee mentioned therein. The pay order (refund) will be sent to the payee and the station on which it is drawn will be advised of the fact separately. 2169. (a) Before making the payment, the Station Master should see that the pay order (refund) has been presented for payment within its currency and that it is genuine in all respects; this can be done by comparing the particulars on the pay order (refund) with the intimation of its issue received direct from the issuing office. If no such intimation has been received, the payment should not be made and matter reported to the Chief Commercial Superintendent without delay quoting full particulars of the pay order (refund). (b) A dated acknowledgement for the amount paid must be obtained from the payee on the back of the pay order (refund) in the space provided for the purpose. The payment should be witnessed by a known person, whose signature should also be obtained en the receipt. Station Masters are personally responsible for payment lo the correct person. NOTE.—As receipts for the refund of overcharges of freight and fares are exempted from Stamp Duty, affixing of Revenue Stamps, where the amount exceeds Rs. 20, is not necessary. 2170. Pay orders for compensation claims.—Pay orders for payment of compensation claims will be issued in Form G-1679 authorizing the Station Master to pay the specified amount to the https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 15/16 11/22/24, 2:04 PM CHAPTER XXI CLAIMS FOR COMPENSATION AND FOR REFUNDS OF OVERCHARGES 2101 payee mentioned therein. These pay orders will be sent to the Station Masters of the stations, en which drawn, and letters of authority sent separately to the respective payees. 2171. (a) On presentation of the letter of authority, referred to in the preceding Para, the Station Master will make the payment provided the pay order is not date expired and the particular on it tally with those entered on the letter of authority. If the pay order has not been received by the Station Master, the payment should not be made and the matter reported to the Chief Commercial Superintendent without delay quoting full particulars of the letter presented by the party. (b) A dated acknowledgement must be obtained from the payee in the space provided for the purpose on the pay order. The payment should be witnessed by a known person whose signature should also be obtained on the receipt. Station Masters are personally responsible for making payment of the correct person. (c) When the amount paid exceeds Rs. 20, the receipt should be stamped and the stamp defaced by the payee, falling which credit for the amount paid will be disallowed by the Traffic Accounts Office. 2172. Payment on pay orders.—Fay orders, both for the refund of overcharges and payment of compensation claims, should ordinarily be paid from the earnings to which they relate, i.e. goods or coaching, as the case may be, and should be sent to the cash office daily, duly entered as a voucher, along with the cash remittance note. 2173. List of pay orders—The officers issuing pay-orders will forward monthly to the Traffic Accounts Office a list of all pay orders issued during the preceding month. These lists will be checked in the Traffic Accounts Office and the issuing officer advised of any pay orders which had not been received from stations. https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch21_data.htm#2101. 16/16