IRCM VOL-2, CHAPTER-31 PDF

11/22/24, 2:18 PM CHAPTER XXXI RESPONSIBILITIES OF RAILWAY ADMIMS TRATION AS CARRIERS OF GOODS CHAPTER XXXI RESPONSIBILITIES OF RAILWAY ADMINISTRATION AS CARRIERS OF GOODS,...

11/22/24, 2:18 PM CHAPTER XXXI RESPONSIBILITIES OF RAILWAY ADMIMS TRATION AS CARRIERS OF GOODS CHAPTER XXXI RESPONSIBILITIES OF RAILWAY ADMINISTRATION AS CARRIERS OF GOODS, (EXTRACT FROM THE RAILWAYS ACT, 1989) 3101. General responsibility of a railway administration as carrier of goods.— "Section 93—Save as otherwise provided in this Act, a railway administration shall be responsible for the loss, destruction, damage or deterioration in transit, or non delivery of any consignment, arising from any cause except the following, namely :— (a) act of God; (b) act of War; (c) act of public enemies; (d) arrest, restraint or seizure under legal process; (e) orders of restriction imposed by the Central Government or a State Government or by an officer or authority subordinate to the Central Government or a State Government authorised by it in this behalf; (f) act of omission or negligence of the consignor or the consignee or the endorsee or the agent or servant of the consignor or the 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; (i) fire, explosion or any unforeseen risk : Provided that even 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 shall not be relieved of its responsibility for the loss, destruction, damage, deterioration or non-delivery unless the railway administration further proves that it has used reasonable foresight and care in the carriage of the goods." 3102. Goods So be loaded or delivered at a siding not belonging to a railway administration : "Section 94.—(1) where goods are required to be loaded at a siding not belonging to a railway administration for carriage by railway, the railway administration shall not be responsible for any loss, destruction, damage or deterioration of such goods from what ever cause arising, until the wagon containing the goods has been placed at the specified point of interchange of wagons between the siding and the railway administration and a railway servant authorised in this behalf has been informed in writing accordingly by the owner of the siding. (2) Where any consignment is required to be delivered by a railway administration shall not be responsible for any loss, destruct on, damage or deterioration or non-delivery of such consignment from whatever cause arising after the wagon containing the consignment has been placed at the specified point of interchange of wagons between the railway and the siding and the owner of the siding has been informed in writing accordingly by a railway servant authorised in this behalf." 3103. Delay or detention in transit.—"Section 95. A railway administration shall not be responsible for the loss, destruction, damage or deterioration of any consignment proved by the owner to have been caused by the delay or detention in their carriage if the railway administration proves that the delay or detention arose for reasons beyond its control or without negligence or misconduct on its part or on the part of any of its servants." 3104. Traffic passing over railways in India and railways in foreign countries : https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch31_data.htm#3101 1/8 11/22/24, 2:18 PM CHAPTER XXXI RESPONSIBILITIES OF RAILWAY ADMIMS TRATION AS CARRIERS OF GOODS "Section 96.—Where the course of the carriage of any consignment from a place in India to a place outside India or from a place outside India to a place in India or from one place outside India to another place outside India or from one place in India to another place in India over any territory outside India, it is carried over the railways of any railway administration in India, the railway administration shall not be responsible under any of the provisions of this chapter for the loss, destruction, damage or deterioration of the goods, from whatever cause arising, unless it is proved by the owner of the goods that such loss, destruction, damage or deterioration arose over the railway of the railway administration." 3105. Goods carried at owner's risk rate : "Section 97.—Notwithstanding anything contained in section 93, a railway administration shall not be responsible for any loss, destruction, damage, deterioration or non-delivery in transit, of any consignment carried at owner's risk rate, from whatever cause arising except upon proof, that such loss, destruction, damage deterioration or non-delivery was, due to negligence or misconduct on its part or on the part of any of its servants : Provided that— (a) Where the whole of such consignment or the whole of any package forming part of such consignment is not delivered to the consignee or the endorsee and such non-delivery is not proved by the railway administration to have been due to fire or to any accident to the train; or (b) Where in respect of any such consignment or of any package forming part of such consignment which had been so recovered or protected that the covering or protection was not readily removable by hand, it is pointed out to the railway administration on or before delivery that any part of that consignment or package had been pilfered in transit, the railway administration shall be bound to disclose to the consignor, the consignee or the endorsee how the consignment or package was dealt with throughout the time it was in its possession or control, but, if negligence or misconduct on the part of the railway administration or of any of its servants cannot be fairly inferred from such disclosure, the burden of proving such negligence or misconduct shall lie on the consignor, the consignee or the endorsee. 3106. Goods in defective condition or defectively packed : "Section 98. (1) Notwithstanding anything contained in the foregoing provisions of this chapter, when any goods entrusted to a railway administration for carriage— (a) are in a defective condition as a convergences of which they are liable to damage, deteriorate on, leakage or wastage; or (b) are either defectively packed or not packed in such manner as may be prescribed and as a result of such defective or improper packing are liable to damage, deterioration, leakage or wastages and the fact of such condition or defective or improper packing has been recorded by the consignor or his agent in the forwarding note, the railway administration shall not be responsible for any damage, deterioration, leakage or wastage or for the condition in which such goods are available for delivery at destination : Provided that the railway administration shall be responsible for any such damage, deterioration, leakage or wastage or for the condition in which such goods are available for delivery at destination if negligence or misconduct on the part of the railway administration or of any of its servants is proved. (2) When any goods entrusted to a railway administration for carriage are found on arrival at the destination station to have been damaged or to have suffered deterioration, leakage or wastage, the railway administration shall not be responsible for the damage deterioration, leakage or wastage of the goods en proof of railway administration,— (a) that the goods were, at the time of entrustment to the railway administration, in a defective condition, or were at that time either defectively packed or not packed in such manner as may be prescribed and as a result of which were liable to damage, deterioration, leakage or wastage; and (b) that such defective condition or defective or improper packing was not brought to the notice of the railway administration or any of its servants at the time of entrustment of the goods to the https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch31_data.htm#3101 2/8 11/22/24, 2:18 PM CHAPTER XXXI RESPONSIBILITIES OF RAILWAY ADMIMS TRATION AS CARRIERS OF GOODS railway administration for carriage by railway : Provided that the railway administration shall be responsible for any such damage, deterioration, leakage or wastage if negligence or misconduct on the part of the railway administration or of any of its servants is proved. 3107. Responsibility of a railway administration after termination of transit : "Section 99.—(1) A railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872, for the loss, destruction, damage, deterioration or non-delivery of any consignment up to a period of seven days after the termination of transit : Provided that where the consignment is at owner's risk rate, the railway administration shall not be responsible as a bailee for such loss, destruction, damage, deterioration or non-delivery except on proof of negligence or misconduct on the part of the railway administration or of any of its servants. (2) The railway administration should not be responsible in any case for the loss destruction, damage, deterioration or non-delivery of any consignment arising after the expiry of a period of seven days after the termination on transit. 3. Notwithstanding anything contained in the foregoing provisions of this section, a railway administration shall not be responsible for the loss, destruction, damages, deterioration or non- delivery of perishable goods, animals, explosive or such dangerous or other goods as may be prescribed after the termination of transit. (4) Nothing in the foregoing provisions of this section shall affect the liability of any person to pay any demurrage or wharfage, as the case may be, for so long as the consignment is not unloaded from the railway wagons or removed from the railway premises." 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 nor non-delivery of the goods specified in the schedule below :— Schedule 1. Inflammable solids 2. Petroleum and other inflammable liquids 3. Oxidizing substances 4. Acids and other corrosives 5. Poisonous (Toxic) substances 6. All radioactive materials 7. Heavy Water 8. Drugs and narcotics 9. Gold 10. Silver 11. Pearls 12. Precious stones 13. Jewellery 14. Currency notes and coins 15. Government stamps 3108. Responsibility as carrier of luggage.— "Section 100.— A railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of any luggage unless a railway servant has booked the luggage and given a receipt therefore and in the case of luggage which is carried by the passenger in his charge, unless it is also proved that the loss, destruction, damage or deterioration was due to the negligence or misconduct on its part or on the part of any of its servants. 3109. Responsibility as a carrier of animals.—"Section 101. A railway administration shall not be responsible for any loss or destruction of, or injuries to, any animal carried by railway arising from freight or restiveness of the animal or from overloading of wagons by the consignor." 3110. Exoneration from liability in certain cases.—"Section 102.—Notwithstanding anything https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch31_data.htm#3101 3/8 11/22/24, 2:18 PM CHAPTER XXXI RESPONSIBILITIES OF RAILWAY ADMIMS TRATION AS CARRIERS OF GOODS contained in the foregoing provision of this chapter, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of any consignment— (a) When such loss, destruction, damage, deterioration or non-delivery is due to the fact that a materially false description of the consignment is given in the such statement delivered under sub-section (1) of section 66, on (b) Where a fraud has been practiced by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee; or (c) Where it is proved by the railway administration to have been causes by, or to have arisen from— (i) improper loading or unloading by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee; (ii) riot, civil commotion, strike, lock-out, stoppage or restraint of labour from whatever cause arising whether partial or general; or (d) for any indirect or consequential loss or damage or for loss of particular market." 3111. Extent of Monetary liability in respect of any consignment "Section 103.—(1) Where any consignment is entrusted to a railway administration for carriage by railway and the value of such consignment has not been declared as required under sub-section (2) by the consignor the amount of liability of the railway administration for the loss, destruction, damage, deterioration or non-delivery of the consignment shall in no case exceed such amount calculated with reference to the weight of the consignment as may be prescribed, and where such consignment consists of an animal the liability shall not exceed such amount as may be prescribed. (2) Not withstanding anything contained in subsection (1), where the consignor declares the value of the consignment at the time of entrustment to a railway administration for carriage by railway, and pays such percentage charge as may be prescribed or so much of the value of such consignment as is in excess of liability of the railway administration as calculated or specified, as the case may be, under sub-section (1), the liability of the railway administration for the loss, destruction, damage, deterioration or non-delivery of such consignment shall not exceed the value so declared, (3) The Central Government may, from lime to time, by notification direct that such goods as may be specified in the notification shall not be accepted for carriage by railway unless the value of such goods is declared and percentage charge is paid as required under sub-section (2)." 3112. Extent of liability in respect of goods carried in open wagon.— "Section 104.— Whereas any goods, which, under ordinary circumstances, would be carried in covered wagon and would be liable to damage, if carried otherwise, are with the consent of the consignor, recorded in the forwarding note, carried in open wagon, the responsibility of the railway administration for destruction, damage or deterioration which may arise only by reason of the goods being so carried, shall be one-half of the. mount of liability for such destruction, damage or deterioration determined under this chapter." 3113. Notice of claim far compensation and refund of overcharge—"Section 106.—(1) A person shall not be entitled to claim compensation against a railway administration for the loss, destruction, damage, deterioration or non-delivery of goods carried by railway, unless a notice thereof is served by him or on his behalf— (a) to the railway administration to which the goods are entrusted for carriage; or (b) to the railway administration on whose railway the destination station lies, or the loss, destruction, damage or deterioration occurs, within a period of six months from the date of entrustment of the goods. https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch31_data.htm#3101 4/8 11/22/24, 2:18 PM CHAPTER XXXI RESPONSIBILITIES OF RAILWAY ADMIMS TRATION AS CARRIERS OF GOODS (2) Any information demanded or enquiry made in writing from, or any complaint made in writing to, any of the railway administrations mentioned in subsection (1) by or on behalf of the person with in the said period of six months regarding the non-delivery or delayed delivery of the goods with particulars sufficient to identify the goods shall, for the purpose of this section, be deemed to be a notice of claim for compensation. (3) A person shall not be entitled to a refund of an overcharge in respect of goods carried by railway unless a notice therefore has been served by him or on his behalf the railway administration to which the overcharge has been paid within six months from the date of such payment or the date of delivery of such goods at the destination station, which ever is later." 3114. Service of notice etc. on railway administration.—"Section 192 Any notice or other document required or authorised by this Act to be served on a railway administration may be served, in the case of a Zonal Railway on the General Manager or any of the railway, or the owner or lessee of the Railway or the person working the railway under an agreement— (a) by delivering it to him ; or (b) by leaving at his office; or (c) by registered post to his office address.". 3115. Deviation of route in carriage of goods. "Section 69.—Where due to any cause beyond the control of a railway administration or due to congestion in the yard or any other operational reasons, goods are carried over a route other than the route by which such goods are booked, the railway administration shall not be deemed to have committed a breach of the contract of carriage by reason only of the deviation of the route." 3116. Liability of railway administration for wrong delivery.—"Section 80.—Where a railway administration delivers the consignment to the person who produces the railway receipt, it shall not be responsible for any wrong delivery on the ground that such person is not entitled thereto or that the endorsement on the railway receipt is forged or otherwise defective." 3117. The Railway Claims Tribunal- The Railway claims Tribunal has been established under section 3 of the Railway Claims Tribunal Act, 1987. It consists of one Chairman, four Vice Chairmen and such number of Judicial members and Technical members as the Central Government may decide. The jurisdiction, powers and authority of the claims Tribunal shall be exercised by the Benches there of. A Bench shall consist of one Judicial Member and one Technical Member. The Chairman also discharges the functions of Judicial Member or Technical Member in any bench. He may also transfer a Vice Chairman or member from one bench to the other bench. The bench may also consist of single member. Chairman must be or has been a Judge of a High Court or he has worked at least for two years as Vice Chairman. A person shall not be qualified for appointment as Vice Chairman, unless he is or has been or is qualified to be a Judge of a High Court or has beer, a member of the Indian Legal Service for at least five years or has for at least five years, held a Civil Judicial post in a 'scale not less' than that of a Joint Secretary to the Government of India or has worked at least for five years under a railway administration in a scale not less than that of a Joint Secretary to the Government of India and has adequate knowledge about Railway claims and the commercial matters or has held for a period of not less than three years office as a Judicial Member or Technical member. A Judicial Member must be or has been or is qualified to be a Judge of a High Court or has been a member of the Indian Legal Services for at least three years or has held the office of a Civil Judicial post for not less than three years. A Technical Member must, have worked for at least three years in railways in a scale not less than that of a Joint Secretary to the Government of India and has adequate knowledge about railway claims and other commercial matters. Chairman, Vice Chairman and every other member shall be appointed by the President. The Chairman shall be appointed only after the consultation with the Chief Justice of India. In the absence of Chairman, Vice Chairman may look after the duties of Chairman. The Chairman shall hold the office for five years or upto the age of sixty five years whichever is earlier. The Vice https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch31_data.htm#3101 5/8 11/22/24, 2:18 PM CHAPTER XXXI RESPONSIBILITIES OF RAILWAY ADMIMS TRATION AS CARRIERS OF GOODS Chairman or other members shall also hold the office for five years or upto the age of sixty two years whichever is earlier. They may also submit resignation to the President. The salaries and allowances payable shall be such as may be prescribed. After ceasing to hold office, they may be eligible for reappointment under the conditions as laid dawn in section 10 of the Railway Claims Tribunal Act. The financial and administrative powers of Chairman shall be as vested in him under the rules. The Central Government shall determine the nature and categories of the officers and other employees required to assist the Claims Tribunal. The distribution of business amongst the benches shall be done by the Central Government. The application for seeking relief shall be on the form as prescribed. The time limit in the cases of responsibility of railway as carrier is three years from the date of booking and in case of section 124 of the Railways Act, shall be one year of occurrence of the accident. In case of refund of fare and freight, the time limit is three years from the dale on which fare or freight is paid to the Railway. The claim Tribunal shall deal with the following cases. (i) application for claims against railway administration for loss, damage, destruction, deterioration or non-delivery of consignment under chapter XI of Act. (ii) application for compensation in respect of death injury to railway passengers arising out of train accident under Section 124 of the Act. (iii) application for refund of fare or freight. The other rules regarding procedure and powers of the Claims Tribunal and appeals etc. have been given in the Railway Claims Tribunal Act. 3118. RAILWAYS (EXTENT OF MONETARY LIABILITY AND PRESCRIPTION OF PERCENTAGE CHARGE) RULES, 1990. G.S.R. 557(E).—In exercise of powers conferred by sub-section (1) and clause (c) of sub-section (2) of section 112 or the Railways Act, 1989 (24 of 1989) read with section 22 of the General Clauses Act, 1896 (10 of 1897), the Central Government hereby makes the following Rules namely : 1. Short Tile 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. 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 column 2 of Schedule 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, https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch31_data.htm#3101 6/8 11/22/24, 2:18 PM CHAPTER XXXI RESPONSIBILITIES OF RAILWAY ADMIMS TRATION AS CARRIERS OF GOODS 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 care of any consignment consisting of animals, the amount specified in Schedule I, or (ii) in the case of any consignment consisting of baggage, an amount calculated at rupees one hundred per kilogram; or (iii) in the case of any consignment other than those referred to in clauses (i) and (ii) above, an amount calculated at rupees fifty per kilogram. (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 Part I or Part II as the case may be of Schedule 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 so declared. Explanation 1 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, damaeg, 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., deterioration or non-delivered unless such loss, damage, destruction, deterioration or non-delivery affects the value of the entire consignment. (3) 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 Schedule II unless the consignor declares the value of such goods and pays the percentage charge applicable to such goods as indicated in column 2 of Schedule II. SCHEDULE 1 Description of animals Extent of responsibility railway administration of. (per head) Rs. Elephants 6,000 Horses 3,000 Mules, horned cattle or camels 800 Dogs, donkeys, goats pigs, 120 sheep or other animals not mentioned above, or bircs. SCHEDULE II https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch31_data.htm#3101 7/8 11/22/24, 2:18 PM CHAPTER XXXI RESPONSIBILITIES OF RAILWAY ADMIMS TRATION AS CARRIERS OF GOODS Description of Goods Rate of Percentage Charge Part I (1) (2) I. Gold 13 paise per 100 rupees or part thereof on excess 2. Silver value per 160 kilometres or part thereof subject to a maximum of 1 % of excess value. 3. Pearls 4. Precious stones 5. Jewellery 6. Currency notes and coins Other than government Treasure. 7. Government stamps and stamped paper Other than postal stationery and stamps. Part II 25 paise per 100 rupees or part thereof on excess Goods other than those specified in Part I value per 160 kilometres or part thereof subject to a maximum of 1% of excess value. https://indianrailways.gov.in/railwayboard/uploads/codesmanual/CommManual-II/commercialmanualIIch31_data.htm#3101 8/8