 the railway claims tribunal bill, 1987 arrangement of clauses chapter i clauses1 short title, extent and commencement  2 definitions chapter n - establishment of railway claims tribunal and benches thereof3 establishment of railway claims tribunal 4 composition of claims tribunal and benches thereof 5 qualifications for appointment as chairman, vice-chairman or other member 6 vice-chairman to act as chairman or to discharge his functions in certain circumstances 7 term of office s resignation and removal 9 salaries and allowances and other terms and condi tions of service of chairman, vice-chairman and other members 1~ provision as to the holding of offices by chairman, vice-chairman, etc, on ceasing to be such chairman or vice-chairman, etc 11 financial and administrative powers of chairman , 12 staff of claims tribunal  chapter mjurisdiction, powers and authority of claims tt!bunal 13 jurisdiction, powers and authority of claims tribunal 14 distribution of business amongst benches 15 bar of jurisdiction  chapter ivprocedljrz 16 application to claims tribunal 17 limitation  18 procedure and powerl of claima tribunal 19 right to legal representation and presentin ofilcki 20 power of chairman to transfer cases from one bench to uotblr 21 decision to be by majority 22 execution of orders of claims tribunal  chapter v23 appeals  chapter vi miscellaneous24 transfer of pending cases 25 proceedings before claims tribunal to be judicial proc:eed1np - 26 members and staff of claims tribunal to ~ public aervanta 27 protection of action taken in good faith 28 act to have overriding effect 29 power to remove difficulties 30 power to make rules  chapter vn amendments to the railways act31 amendment of section 3 32 amendment of section 78a 33 substitution of new section for section so 34 omission of sections 82b, 820 and 82f 35 amendment of section 82c 36 amendment of sections 82e, 82g and 82hh 37 amendment of section 821 38 amendment of section 821  billto provide for the je!stablishment of a railway claims tribunal for iftquiring into and determining claims against a railway adminiltratioft for loss, destruction, damage, deterioration or non-deli~ of cmimals or goods entrusted to be carried by railway or for the refund of fares or freight to it or for compensation for death or injury to pdbenger occurring as a result of railway accidents and for matter connected therewith or incidental thereto ba it enacted by parliament in the thirty-eighth year of the republic of india 88 follows:- chapter i pullminary1 (1) tb1a act may be called the railway claims tribunal act, 1987 short_ mat (i) it extends to the whole of india and cold-mollcloldclll (t) it shall come into force on such date as the central govemment may, by notulcation, appoint j in this aet, unless the context otherwise requires,-l' (a, "applteation" means an applieation made under section 1; (b) "appointed day" means the date with effect from which the claims tribunal is established under section 3; (c) clbench" means a bench of the claims tribunal; (d) "chairman" means the chairman of the claims tribunal; (e) "claims tribunal" means the railway claims tribunal s established under section 3; (f) "judicial member" means a member of the claims tribunal appointed as such under this act, and includes the chairman or a vice-chairman who possesses any of the qualifications specified in subsection (3) of section 5; i 10 (g) "member" means a member (whether judicial or technical) of the claims tribunal, and includes the chairman and vice-chairman; (h) "notification" means a notification published in the official gazette; is (i) "prescribed" means prescribed by rules; (j) "railways act" means the indian railways act, 1890; 9 of 1190 (k) "rules" means rules made under this act; (1) "technical member" means a member of the claims tribunal who is not a judicial member, and includes the chairman or a vice- 20 chairman who possesses any of the qualifications specified in subs'ection (4) of· section 5; - (m) "vice-chairman" means a vice-chairman of the claims tribunal explanation-references to the vice-chairman in this act shall 25 be construed as references to each of the vice-chairmen; (n) words and expressions used and not defined in this act but defined in the railwavs act or the rules made thereunder shall have the m~anings respectively assigned to them in that act or the said rules 30  chapter it establishment of ran-way claims tribunal and benches thereof3 the central government shall, by notification, establish 8 claims tribunal, to be known as the railway claims tribunal, to exercise the jurisdiction, powers and authority conferred on it by or under this act 35 establishmentof railway claims tribunal 4 (1) the claims tribunal 811811 consist of 8 chairman, four vice-chairmen and such number of judicial members and teehnical members as the central government may deem fit and, subject to the 4)ther pl'ovislons of this ad the juric;diction, powers and authority of the claims tribunal nlay be exetcised by benches thereof 40 compositioo of claims tribunal and ben  chea 1hen!of (2) subiect to the other provisions of this act, a bench shall ~on8tst of one judicial member and one technical member (3) notwithstanding anything contained in sub-section (1) the chair~ man-i (a) may, in addition to discharging the functions of the judicial 45 member or the technical member of the beneh:to wl1h:h he is' appointed, discharge the functions of the judicial member or, as the case may be, the technical member, of any other bench; (b) may transfer a vice-chairman or other member from one bench to another bench; 5 (c) may authorise the vice-chairman or the judicial member ot' the technical member appointed to one bench to discharge also the furictions of the vice-chairman or, as the case may be, the judicial member or the technical member of another bench (4) notwithstanding anything contained in the foregoing provisions 10 of this section, it sha~l be competent for the chairman or any other member authorised by the chairman in this behalf to function a8 a bench consisting of a single member and exercise the jurisdiction, powers and authority of the claims tribunal in respect of such classes of cases or such matters perta;ning to such c'asses of cases as the chairman may, 15 by general or special order, specify: provided that if at any stage of the heating of any such case or matter, it appears to the chairman or such member that the case or matter is of such a nature that it ought to be heard by a bench consisting of two members the case or matter may be transferred by the 20 chairman ot', as the case may be, referred to him for transfer, to such bench as the chairman may deem fit (5) subject to the othetr provisions of thio; act, the benches shall sit at such places as the central govemment may, by notification, sperlfy 5 (1) a person shall not be quahfied for appointment as the chairman 25 un less he-i qualj&a dodi for (a) is or has been, a jud~e of a high court; or i appou (b) has, for at least two years, held the office of vice-chairman, meat u cbairmad, (2) a person shall not be qualified for a!)pointment as vice--chairman ~ unless he-' or other member 30 (a) is, or has been or is qualified to be a judge of a high court; or (b) has been a memb~r of the indian lellal service and has held a post in grade i of that service or any higher post for a least five years; or 35 (c) has, for at least five years, held a civil juaicial post carrying a scale of pay' whirh is not less than tbat of ~ joint secretary to the government of india; or 40 (d) has 'for rt least five vears held a 'dost under a railway administration carrying a scale of pfly which is not ]es~ than that of a joint secretary to the' government of india and has anequate knowledge of rulel> nnd nrocedure of an(j experience in chims and commercial matters relating to railways; or (e) has for a period of not less th~m three years, held office as a ju6iicial member or a technical member 45 (1) a person shall not be quajifled for appointment as a judicial member unless he--i '  (a) is, or has bepn, or is qllrtlifieri to be, a jucige of a high court; , or (b) has been a member of the indian legal service and has held a post in grade i of that service for at least three years; or (c) has, tor at least three years, held a civil judicial post carry ing a scale of pay which is not less than that of a joint secretary to the government of india s (4) a person shall not be qualified for appointment as a technical member unless he has, for at least three years, held a post under a railway administration carrying a scale of pay which· is not less than that of a joint secretary to the govern~nt of india and has adequate knowledge of rules and procedure of, and experience in, claims and com- 10 mercial matters relating to railways (5) subject to the provisions of sub-section (6), the chairman, vice-chairman and every other member shall be appointed by the president (6) no appointment of a person as the chairman shall be made except after consultation with the chief justice of india is 6 (1) in the event of the occurrence of any vacancy in the office of the chairman by reason of his death, resignation or otherwise, such one of the vice-chairmen as the central government may by notification, authorise in this behalf shall act as the chairman until the d~te on which a »ew chairman, appointed in accordance with the provisions of this 20 act to fill such vacancy, enters upon his offtce yicc-olafr man to act as chairman or 10 d charp hii functiona in certain circum&-tadc:oi (z) when the chairman is unable to dischar~e his functions owing to absence, illness or any other cause such one of the vice-chairmen as the central government may, by notification, authorise in this behalf, shall disc-harlte the functions of the chairman until the date on which 25 the chairman resumes his duties term 01 office 7 the chairman vice-chairman or other member shall ho1d office as such for a term of five years from the date on which he enters upon his office or until he attains,-i (a) in the case of the chairman, the age of sixty-five years; and 30 (b) in the case of the vice-chairman or any other member, the age of sixty-two years whichever is earlier iloaignadon and removal 8 (1) the chairman vice-chairman or other member may hy notice in writ1n~ under hi!'! hand addres!'!ed to the president resilm hio:; offiee:  '35 provided that the chairman vice-chairman or other mf'mbe~ o:;hall unles!l he is permitted by the president to relinquish hi!'! office sooner, continue to hold offic-e until the expiry of three month!'! from the date of receipt vf such notice or until a person dl11v apooln+erl ::l!'! his successor ~ enters ul)on his offtce or until the expiry of his term of office whichever is the earliest i (2) the chairman vice-chairman or ::lnv other memher ~h~l' not be removed from his offtce except bv an order made bv the pre"lf"ent on thp ground of proved misbehaviour or incapacitv after an innllirv m::lde bv a judrte of the supreme c01lrt in which !'iuch ch:tirman vlce-chafr- 45 man or other mf"mber hart been informe'l of the char!!ps altainst 'him and p,iven a reasonable opoortunitv of being heard in respect of those (''har~es (3) the central government may by ruler re~ulate the nrocedure fm th investigation of mio!behaviour or incaoacitv of the chl'lirman, vke-chalrman or othf'r mem btlr referred to in sub-!ilection (2) so 9 the salaries and allowances payable to, and the other terms an4 conditions of service (includinj: pensled, gratuity and other retirement benefits) of, the chairman, vice·chairman and other members shall be such as may be prescribed: ~ aod allowances and other cerms and 5 provided that neither the sabry and allowances nor the other terms conditiodi of aernce and conditions of service ~f the ellairman, vice-chairman ['01' other of chair-member shall be varied to his disadvalltage after his appointment man, vice-chairman and other members 10 on ceasing to hold office-10 (a) the chairman of the claims tribunal shall be ineligible for further employment either under the government of india or under the government of a state; - 15 (b) a vice-chairman shall, subject to the other provisions of this act, be eligible for appointment as the chairman of the claims 'l'ribunal, or as the chairman, vice-chairman or member of any other 'l'ribunal established under any law for the time being in force, but not fol' any other employment either under the government of india or under the government of a state; provisioo as to the holding of omce by chairman, vice-chairman, ele, on ceasing to be such chairman or vlco-chairmen, etc 20 (t) a member (other than the chairman or vice-chairman) shall, subject to the other provisions of this act, be eligible for appointment as the chairman or vice-chairman oras the chairman, vice-chairman or mem~r of any other tribunal established under any law for the time being in force, but not for any other employment either under the government of india or under the government of a state; (d) the chairman, vice-chairman or other member shall not 25 app,ear, act or plead before the claims tribunal  expzanation-for the purposes of this section, employment under the government of india or under the government of a state includes employment under any local or other authority within the territory of india or under the control of the government of india or under any 30 corporation or society owned or controlled by the government finaoc:i&l and administrative powera of chairman 11 the cllairrnan shall exercise such lmancial and administrative powers over the benches as may be vested in him under the rules: provided that the chairman shall have authority to delegate such of his financial and administrative powers as he may think fit to the 35 vke·chairman or any other officer of the claims tribunal, subject to the condition that the vice-chairman or such officer shall, while exercising such delegated powers, contii1~ to act under the direction, control and supervision of the chairman 12 (1) the central government shall detennine the nature and 40 categories of the officers and other employees required to assist the claims tribunal in the discharge of its functions and provide the claima tribunal with sllch officers and other employees as it may think fit (2) the omcers and other employees of the claims tribunal shall discharge their functiljns under the general superintendence of thechafr 45 man (3) the salaries ,and aljow8llces and codditiods of service of the dlcera aad other employees of the clabd triblulal shall be such as dlaj' be prescribed  chapter iii jurisdiction, powers and authoro'y of claims ttibunal 513 (l) the claims tribunal shall exercise, on and from the appointed day, all such jurisdiction, powers and authority as were exercisable immediately befo~ that day by any civil court or a claims commissioner appointed under the provisions of the railways act,-jmilldictioll, powcl'l and authority of claiml tribudal (a) relating to the responsibility of the railway administrations 10 as carriers under chapter vii of the railways act in respect of claims for-(i) compensation for loss, destruction, damage, deterioration or non-<ielivery of animals or goods entrusted to a railway administra~on for carriage by railway; 15 (ii) compensation payable under section 82a of the railways act or the rules made thereunder; and i (b) in respect of the claims for refund of fares or part thereof or for refund of any freight paid in res~t of animals or goods entrusted to a railway administration to be carried by railway 20 (2) the provisions of the railways act and the rules mad¢ thereunder shall, so far as may be, be applicable to the inquiring into or determining, any claims by the claims tribunal under this act 14 (1) where any benches are constituted, the central government may, from time to time, by notification, make provisions as to the distri- 25 bution of the business of the claims tribunal amongst the benches and specify the matters which may be dealt with by each bench distribution o1busi !ilebs amonpt benches (2) if any question arises as to whether any matter falls within the pui'\tiew of the business allocated to a bench, the decision of the chairman shall be final 30 explanation-for the removal of doubts, it is hereby declared that the expres!>ion - 'matters " includes an application under section 20 | bar       ||-----------|| jurildic- ||  tioa   |15 on and from the appointed day, no court or other authority sha!l have, or be entitled to, exercise any jurisdiction, powers or authority in i'plation to the matters referred to in sub-section (1) of section 13 35  chapter iv pbocedulle18 (1) a person seeking any relief in respect of the matters referred to in sub-section (1) of section 13 may make an application to the claims tribunal 40 application to oaima tn"bodal (2) every application under sub-sedion (1) shall be in such form and be accompanied by such documents or other evidence and by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed: provided that no such fee shall be payable in respect of an application under sub-clause (ii) of clause (a) of sub-section (1) of section 13 17 (1) the claims tribunal shall not admit an application for any limitatiod claim,-i 5 (a) umrer sub-clause (i) of clause (a) of sub-section (1) of section 13 unless th~ application is made within three years from the date on which the goods in question were entrusted to the railway administration for carriage by railway; 10 (b) under sub-clause (ii) of clause (a) of sub-section (1) of section 13 unless the application is made within one year of occurrence of the accident; (c) under clause (b) of sub-section (1) of section 13 unless the application is made within three years from the date on which the fare or freight is paid to the railway administration: 15 provided that no application for any claim referred to in subclause (i) of clause (a) of sub-section (1) of section 13 shall be preferred to the claims tribunal until the expiration of three months next after the date on which the intimation of the claim has been preferred under section 78b of the railways act  20 (2) notwithstanding anything contained in sub-section (1), an application may be entertained after the period specified in sub-section (1) if the applicant satisfies the claims tribunal that he had sufficient cause for not making the application within such period procedure and powers of claims tribuaal 18 (1) the claims tribunal shall not be bound by the procedure laid s of 1908 down by the code of civil procedure, 1908, but shall be guided by the 25 principles of natural justice and, subject to the other provisions of this act and of any rules, the claims tribunal shall have powers to regulate its own procedure including the fixing of places and times of its enquiry (2) the claims tribunal shall decide every application as expedi-30 tiously as possible and ordinarily every application shali be decided on a perusal of documents, written representations and affidavits and after hearing such oral arguments as may be advanced (3) the claims tribunal shall have, for the purposes of discharging its functions under this act, the same pow~rs as are vested in a civil s of 1908 35 court under the code of civil procedure, 1908, while trying a suit, in res- pect of the following matters, namely:-(a) summoning and enforcing the attendance of any person and examining him on oath; , (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; 40 1 of 1872 45 (d) subject to the provisions of sections 123 and 124 of the indian evidence act, 1872, requisitioning any public record or document or copy of such record or document from any otlice; (e) issuing commissions for the examination of witnesses or documents; (i) reviewing its ·decisions; (g) dismissing an application for default or deciding it ~x patte: (h) setting aside any order of dismissal of any application for default or any order passed by it ex parte; 1liaht to lepl repreeenta-1ation and preeentlng omcen (i) any other matter which may be pl'escrlbed 19 (1) a person making an application to the claims tribunal may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the claims tribuna} (2) a railway administration may authorise one or more legal 5 practitioners or any of its officers to act as presenting officers and every person so authorised by it may present its case with respect to any application before the claims tribunal 20 on the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard 10 or on his own motion without such notice, the chairman may transfer any case pending before one bench, for disposal, to any other bench power of chairman to trimsfer cues from one bench 10 another decision to be bv majority 21 if the members of a bench di1fer in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairman who shall either hear the point or points himself 15 or refer the case for hearing on such point or -points by one or more of the other members and sucll point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it executioil of orden of claima tribunal 2% (1) an order made by the claims tribunal under this act shall 20 be executable by the claims tribunal as a decree of civil court and, for this purpose, the claims tribunal shall have all the powers of a civil court (2) notwithstanding anything contained in sub-section (1), the claims tribunal may transmit any order made by it to a civil court 25 having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court chapi'er v appeals appeals 23 (1) save as provided in sub-section (2) and notwithstanding any- 30 thing contai~ed in the code of civil procedure, 1908 or in any other law, s of 1908 an appeal shall lie trom every order, not being an interlocutory order, of the claims tribunal, to the high court having jurisdiction over the place where the bench is located (2) no appeal shah lie from an order passed by the claims tribunal 35 with the consent of the parties (3) every appeal under this section shall be preferred within a period of ninety days from the date of the order appealed against  chapter vi mlsc:b:lianjrus 40tradlfer of pending cues 24 (1) every suit, claim or other legal proceeding (other than an appeal) pending before any court or, claims commissioner other authority immediately before the appointed day, being a suit, claim or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the appointed day, within the jurisdiction of 4s the claims tribunal, shall stand transferred on that day to the claims tribunal (2) where any suit, claim or oth,er legal proceedin~ stands tnmsferred from any court, claims commissioner or other authorhly to the claims tribunal under sub-section (1) ,- , '(a) the court, claims commissioner or other authority shall, as 5 sool1 as may be after such transfer, forward the records of such suit, claim or other legal proceeding to the claims tribunal; (b) the claims tribunal may, on· receipt of such records, proceed to deal with such suit, claim or other legal proceeding, so far as may be, in the s~me manner· as an application, from the stage which was 10 reached before $uch transfer or from any earlier stage or de novo as the claims tribunal may deem fit 25 all proceedings before the claims tribunal shall be deemed to be 45 of 1860 judi~ial proceedings within the meaning of sections,~ 219, and 228 of the indian penal code  proceedings boforo claims tribunal to be judicial proceedings 15 ~6  the chairman, vicechairman and other members and the officers 45 of 1860 and other employees of the claims tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal code membeq and staff of claim! tribunal to be public servants protecuoil of action taken in good faith 2i1 no suit, prosecution or other legal proceedings shall lie against the central government or against the chairman, vice-chairman or 20 other member, or any other person authorised by the chairman, vice-chairman or other member {or anything which is in good faith done or intended to be done' in pursuance of this act or any rule or order made thereunder  act to have overriding effect   28 the provisions of this act shall have effect notwithstanding any-25 thing inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law pther than this act power to remowl difficultiea 219 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official 30 gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necess~ry or' expedient for removing the diftlcul ty : provided that no such order shall be made after the expiry of a period of three years from the appointed day 35 (2) every order made under this 'section shall, as soon as may be after it is made, be laid before each house of parliament 30 (1) the central government may, by notification, make rules to carry out the provisions of this act (2) without prejudice to the generality of the foregoing powers, such 40 rules may provide for all or any of the fol!owing matters, namely:-(a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the chairman, vice-chairman or other member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the chairman, vice-chairman and other members under section 9; i (c) the futancial and administrative powers which the chairman 5 may exercise over the benches under section 11 j (d) the salaries and allowances and conditions of service of officers and other employees of the claims tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence 10 to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (j) the rules subject to which the claims tribunal shall have power to regulate its own procedure under sub-section (1) of 15 section 18 and the additional matters in which the claims tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that ¥ction; (g) any other matter which prescribed is ;required to be, or may be, i 20 (3) every rule made under this act shall be laid, as soon as may be after it is made, before each how;e of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the ¥"ion immediately following the session or the successive sessions 25 aforesaid, both houses agree in making any modiflcation in the rule or both houses agree that the rule should not be made, the rule shall thereafter have ~1fect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under 30 that rule  chapter wi amendments to the railways act31 in section 3 of the railways act, after clause (18), the following clause shall be inserted, namely: -3s amendment of section 3 '(19) "claims tribunal" means the railway claims tribunal established under section 3 of the railway claims tribunal act, 1987' 32 in section 78a of the railways act, for the word "suit", the words "application befor~ the claims tribunal" shall be substituted amendment of section 7sa  33 for section 80 of the railways act, the following section shall be 40 substituted, namely: -; substitution df new leo-tion for aectiog 80 application for compensation "80 an appllcation to the claims tribunal fo;: compensation for loss of the life of, or personal injury to, a passenger or for loss, destruction, damage, deterioration or non-delivery of animals or goods may bemade,-s (a) if the passenger was, or the animals or goods were, booked from one station to another on the railway of the same railway administration, against that railway administration; (b) if the pab¥nger was, or the animals or goods were, booked through over the railway of two or more railway 10 administrations, against the railway administration from which the passenger obtained his pass or purchased his ticket or to which the animals or goods were delivered for carriage, as t¥ case may be, or against the railway administration on whose railway the destination station lies, or the loss, injury, destruct5 tion, damage or deterioration o~" 34 sections 82b, 82d and 82f of the railways act shall be omitted omission of sections 82b, 82d and b2f 315 in section 82c of the railways act,-amendment of section 82e (a) in sub-section (1), for the words "claims commissioner", the words "claims tribunal" shall be substituted; (b) sub-section (2) and the explanation thereto shall be omitted 20 36 in sections 82e, 82g and 82hh of the railways act, for the words "claims commissioner", wherever they occur, the words "claims tribunal" shall be substituted amcddment of seotion 821 amendment of seetions 82e, 820 and 82hh 37 in section 821 of the railways act, for the words, figures and 25 letters "sections 82a to 82hh", the words, figures and letters "sections 82a, 82c, 82e arid 82g to 82hh" shall be substituted 318 in section ·82j of the railways act,-30 amcnd-(a) in sub-section (1), for the words, figures and letters "sections ment 01 82a to 82h inclusive", the words, figures and letters "sections 82a, section section 82c, section 82e, sections 82g and 82h" shall be substituted; 821 (b) in sub-section (2), clause (i) and clauses (iv) to (vi) shall be omitted  statement of objects and reasonsthe substantive liability of the railway administration for loss deii-truction, damage, non-delivery or deterioration of goods entrusted to them for carriag,e, and for death or injury, or loss, etc, to a passen~r in a railway accident involving a passenger train is laid down in the indian railways act, 1890 the consignorslconsignees and passengers or their representatives prefer claims for compensation against the, railway administration those who claim compensation for loss of and damage to booked goods and are not satisfied with the decisions of the railway administration, file suits in the courts of law claims for compensation for qeath of, or injury, or loss, etc, to passengers in train accidents are at present settled by claims commissioners 2 as the litigation in the courts of law and before the claims commissioners is very protracted, it has been decided to set up a specialised tribunal for speedy adjudication of such claims the setting up of scch a claims tribunal with benches in different parts of the country, and with judicial and technical members, will provide much relief to the rail-users by way of expeditious payment of compensation to the victims of rail:accidents and to those whose goods are lost or damaged in rail transit the claims tribunal will also expedite settlement of disputes  regarding refund of fares and freight charges it will reduce the burden on the various civil courts in the country, thereby giving them more time to decide other cases speedily 3 the bill seeks to give effect to the above objectives the bill also inter alia provides for-(a) the jurisdiction, powers and authority which may be exercised by the claims tribunal; (b) the procedure (including provision as to lirnifation) to be followed by the claims tribunal; (c) the exclusion of jurisdiction of all courts exercising ordinlujr original civil jurisdiction relating to specified claims for compensation and refun4 against the railway administration; (d) the transfer to the claims tribunal of any suit or other proceeding, other than an appeal pending before anf court or other authority immediately before the establishment of such claims trib'mal as would have been within the jurisdiction of such claims tribunal if the cause of action on which such suits or proceedings are based had arisen after such establishment new d!:lm; madha vrao scindia ¥'j the 30th october, 1987 clause 2-this clause defines the various expressions occurring in the bill clause 3-this clause provides for the estabusht¥nt of the railway claims tribunal by the central government clause 4-this clause provides for composition of the claims tribunal and benches thereof provision has, however, been made for enabling the chairman or any other member of the claims tribunal authorised by the chairman in this behalf to function as a bench consisting of a single member in resp;ect of such class of cases or matters as the charman mav, by order, specify clause 5-this clause makes detai],ed provisions regarding the qualifica tons to be fulfilled for appointment as the chairman, vice_chairor other member clause 6-this clause indicates the circumstances under which a vice-chairman may act as the chairman or discharge the functions of the chairman clause 7-this clause fixes the tenure of the chairman, vice-chairmen and other members subject to a maximum age limit clause s-this clause details t~ procedure for resignation or removal of the chairman, vice-chairmen and other members clause 9-this clause provides for framing of rules by the central government to regulate th,e salaries and allowances and other conditions of service of the chairman, vice-chairman and other members clause 10-this clause provides for certain restrictions on the turthpr employment of the chairman, vice-chairman and other members on their ceasing to hold office with a provision for further employment of a member as vice-chairman i chairman and the further employment of a vice-chairman as chairman  clause n-this clause provides for framing of rules defining financial and administrative powers of t~ chairman, with provision to enable the chairman to delegate his powers to the vice-chairman or any officer of the clalms tribunal clause 12-this clause provides that the central government shall provide the staff for the functioning of the claims tribunal it empowers central government to frame rules for regulating the l>alarics allowances and other conditions of service of the staff clause l3-this· clause defines the jurisdiction, powers and authority of the claims tribunal in regard to clalms in respect of matters specified therem clause 14-this clause empowers the central government to make provis:ons, by notification, as to the distribution of business of the cla~ms 'i'ribunal amongst the benches and specify the matters which may be dealth with by each bench clau8e 15-this clause provides for the exclusion of jurisdiction of all courts and authorities with regard to the matters mentioned in clause 13 clause 16-this clause provides for making an application and payment of fee to the claims tribunal by an aggrieved person covered by this act this also t>mpowers the central government to determine by rules the rate of fees clause 17-this clause provides for limitation on admission of applications from the aggrieved persons by the claims trlbural clause lb-this clause provides that the claims tribunal shall have the power to regulate its own procedure subject to the other provisons of this act or of any rules made by the central government it also invests the claims tribunal with various powers necessary for dischargng its functions as are vested in a civil court claw;e }9-thls clause provides for the aggrieved persons taking the assistance of a legal practitioner and the railway administration present  jng its case through its presenting officer or legal practitioner clau:e 20-this clause defines the powers of the chairman to transfer cases from one bench to another bench clause 21-this clause provides for decision by the majority of the claims tribunal nnd also prescribes the procedure to be followed when there is no majority cla~ 22-this clause indicates the man~er in which orders of the claims tribunal may be executed clause 23-this clause provides for an appeal against an order of the claims tlibunal to the high court clause 24-this clause provides for the transfer to the claims tribunal of all cases relating to claims specified in clause 13, pending before courts or authonties except appeal cases clause 25-this clause makes it clear that all proceedings before t~e claims tribunal shall be deemed to be judicial pro~eedings clause 26-this clause makes it clear that members and staff of the claims tnbunal shall be deemea to be public servants clau!le 27-th;s clause provides for protection of the central government or the chairman, vice-chairmen or other members in res~ of anything done in good faith in pursuance of this act clause 28-this clause is for giving overriding effect to the provisions of this legislation clause 29-this claus:e empowers the central government to make suitable provisions for removing any difficulty in giving ~ect to the provisiors of this legislation clause 3o-this clause provides for the making of rules by the central government or the chairman, vice_chairmen or other membesrs for laying of rules clause 31 to 3o--these clauses provide for certain consequential amendments to the railways act t~ railway claims tribunal bill, 1987 provides for the adjudication of claims against the railway administration in relation to compensation for death or personal injury to a passenger or for loss, destruction, nondelivery, etc, of good!! entrusted to a railway administration for carriage, and refund of fares and over-charges on freight 2 according to clause 4 of the bill, the claims tribunal shall consist of a chairman, four vice-chairmen and such number of judicial and technical members as the ~ntral government may deem fit clause 9 provides that the salaries arid allowances payable to the chairman, vice-chairmen and other members shall be such as may be prescribed by the central government clause 12 provides that the ce<ltral government shall determine the nature and categories of officers and other employees required to assist the claims tribunal in discharge of its functions and provide the claims tribunal with such officers and other employees as it may think fit the salaries and allowances and conditions of service of the officers and other employees of the claims tribunal shall be prescribed by rules made by the central government these are the provisions in the bill which will have financial implications once it is enacted ' 3 to start with, it is proposed to set up 19 benches at such places as may be specified by the central government it has also been proposed that the benches may hold their sittings at different stations within their jurisdiction the number of benches required will be review~ from time to time on the basis of workload and experience gained the immediate requirements of the post of chairman, vice-chairmen and members for the proposed claims tribunal will be as indicated ¥aw:-| s1           | no       ||---------------|-----------|| n arne of     |           || the           |           || post          | no       || of            | the posts || pay           |           || 1            |           || chairman      |           || 1             |           || rs           | 8,000     || fixed         |           || 2            |           || vice-chairman |           || 4             |           || rs           |           || 7,300-7,600  |           || 3            |           || member        |           || 33            |           || rs           |           || 7,300-7,600   |           |4 for their efficient functioning, the claims tribunal and benches thereof will require adequate supporting staff it is not possible to indicate precisely at this stage the exact number and the categories of staff required far different benches of the claims tribunal expenditure will also be incurred on rent for hired accommodation, acquisition of furniture and fittings, office equipment like typewriters, almirahs, filing cabinets, duplicating machines, etc on a r~>ugh estimate the recurring expenditure is expected to be of the order of rs 138 lakhs per year this ~xpenditure will be partly met by some savings in litigation expenses, travelling e~penses, costs incurred on appointment of ad hoc claims commissioners, etc some additional revenue will also acc'l'ue by way of fees payable by the claimants at the time of filing applications to the claims tribunal, as provided in clause 16 of the bill the net recurring expenditure is estimated at rs 23 lakbsper annum to start with ,the non_recurring expenditure is expected to be of the order of rs 40 lakhs  5 it ii\ay be stated that though the setting up of the claims tribunal involves additional expenditure from the consolidated fund of india, the claims tribunal is expected to go a long way in reducing the burden on the courts and providing an exclusive and permanent forum for speedy disposal of claims of rail users against railway administration clause 29 empowers the central government to issue orders for removal of any difficulty which may arise in giving effect to- any provision of the bill and further i?i'ovides that every order so made shall be laid before each ho\:lse of parliament 2 sub-clause (1) of clause 30 empowers the central government to make, by notification in the official gazette, rules to carry out the provisions of the bill the matters in relation to which stich ru1:es are to be made hav:e been specified in sub-clause (2) of that clause such matters inter alia include the salaries and allowances payable to, and other terms and conditions of service of, the chairman, vice-chairmen and other members, offiqers and other employees of the claims tribunal; the manner in which the procedure of the claims tribunal shall be regulated; the financial and administrative powers which the chairman shall exercise ov~r the benches; the form of application to be made to the cla~ms tribunal and the fee to be accompanied therewith and nddl tional matters in relation to which the claims tribunal may exercise the powers of a civl1 court 3 sub-clause (3) of clause 30 provides for laying of the rules made by the central government before each house of parliament i 4 the mattus in respect of which such orders and rules may be made are ma!ters of ¥tail and procedure the delegation of the legislative powers is, therefore, of a normal character  annexure extracts from the indian railways act, 1890 (9 of 1890) - • - ,- dcfini tions 3 in this act, unless there is something r~ugnant in the subject or context,-- - - - , 7sa in any suit against a railway administration for compensation for any (le1ay, loss, destruction, daplage, deterioration, or non-delivery, the burden of proving-burden of proof in suits for oompemation (a) in the case of animals, the value thereo'f, or the higher value declared under section 77 a, and where the animal has been injured, the extent of the injury, or (b) in the case of anv parcel or package, the value of which has been declared under seciion 77b or any article mentioned in the second schedule not contained in any parcel or package, the value of which has been declared under that section, that the value so declared is its true value, shall lie on the person claiming the compensation, but, subject to the other provisions contained in this act, it shall not he necessary fat him to prove how the de!ay, loss destruction, damage, deterioration or nondelivery was caused suits for compensation so a suit for compensation for loss of the life of, or personal injury' to, a passenger or for loss, destruction, damage, deterioration or nondelivery of an:mals or goods may be instituted-, (a) if the passe·nger was, or the animals or goods were, booked from one station to another on the railway of the same railway administration against that railway administration; (b) if the passenger was, or the animals or goods were, booked through over the railway of two or more railway administrations, arainst the railway administration from which the passenger obtained his pass or purchased his ticket or to which the animals or goods were delivered for carriage, as the case may be, or against the railway administration on whose railway the destination station lies, or the loss, injury, destruction, damage or deterioration occurred; and, in either case, the suit may be instituted in a court having jurisdiction over the place at which the passettger obtained his pass or purchased his ticket or the animals or goods' were delivered for carriage, as the case may be, or over the place in which the destination statiol', lies, dr the loss, injury, destruction, damage qr deterioration occurred   - -  - - claims commis 828 the central gov;ernment may, by notification in the omcial gazette, appoint any person to be a claims commissioner for such local area or for such accident or accidents as may be specified in the notification 82c (1) an a~plic'8tion for compensation under section 82a arising out of any accident of the nature specified therein may be made-application for compensation (a) by the person who has sustained the injury or suffered any loss, or (b) by any agent duly authorized by such person in this behalf, or (e) where such person is a minor, by his guardian, and (d) where death has resulted from the accident, by' any dependant of the deceased (2) no application for compensation under this section shall be entertained unless it is made within three months of the occurrence of the accident, but the claims commissioner may on good cause shown allows any application to be made at any time within one year of such occurrence820 (1) in inquiring into and determining any claim for compensation payable under section 82a, the claims commissioner may, subject to any rules that may be made in this behalf, follow such summary procedure as he thinks fit procedure and powers of claims commissioners (2) the claims commissioner shall have all the po~rs of a civil court for the purpose of taking evidence on oath (which the claims commissioner is hereby empowered to ii~pose) and of enforcing the attendance of witnesses and compelling the discovery and production of documents and material objects and the claims commissioner shall be de:emed to be a civil court for all the purposes of section 195 and chapter xxxv of the code of criminal procedure, 1898 5 of 1898 (3) subject to any i1lles that may be made in this behalf, the claims commissioner may, for the purpose of determining any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist him in holding the inquiry   [10] m c gonzalez-garcia, m c gonzalez-garcia, mliability to pay 82f (1) any question as to the liability of the railway administration to pay compensation under section 82a or as to the amount thereof, or as to the person to whom such compensation is payable, shall be decided by the claii-ns commissioner i - compensa~ tion, etc • to be decided by oalms commift" sionen (2) any person aggrieved by a decision of the claims commissioner refusing to grant compensation, or as to the amount of compensation granted to him, may prefer an appeal to the high court having jurisdiction in the place where the accident occurred: provided that nothing in this sub-section shall be deemed to authorise the high court to grant compensation in excess of the limit specified in section 82a (3) the period of limitation for an appeal under this section shall be ninety days i 'of 1908 (4) the provisions of section 5 of the indian limitation act, 1908, shall be applicable to appeals under this section (5) subject to the decision of the high court in cases in which an appeal is preferred under sub-section (1), the decision of the claims commissioner on any question referred to in sub-section (1) shall be final and shall not be called in question in any court 82g (1) a railway administration shall comply with an order for compensation, including an interim order for compensation und;er section 82e forthwith by depositing the amount of the· compensation with the claims commissioner  recovery and payment of compensation (2) wher~ arty compensation has been deposited as required by subsection (1), the railway administration shall notwithstanding anything in any other law for the time being in force be discharged from all liability to any person whatsoever in res~ct of any compensation so deposited (3) any compensation deposited with the claims commissioner under section 82e or this section shall, with the least possible delay, be paid to the applicant for compensation to whom it is payable (4) where there are more applications than one for compensation, the compensation may be apportioned amon~st the applicants in 'such manner as the claims commissio'ner thinb fit or may be allotted to the applicant who in the opinion of thecjaims commissioner is best entitled thereto: provided that the claims coml'l"lssioner shan in any case in which he proposes to proceed under this sub-section require as a condition precedent to the granting of compensation that the person to whom the compensation is to be paid shall give to the claims commissioner a bond with one or two sureties, or othc:- sufficient security for rendering an account of the compensation rerf'ived bv him and for indemnity of persons who may be entitled to t!1e whole or any part of th~ compensation (5) the claims commissioner may on application made to him by petition and on cause shown to hi, satisfact;on, and upon such terms as he thinks fit, assign the bond' or other securitv rriven under sub-section (4) to' some proper person, and that person shall thereupon be entitled to sue thereon in his o\vn name as if it ·had been orip,inally given to him instead of to the claims commissioner and to recover, ~s trustee for all persons interested, such ·amount as iylay be recoverable thereunder iii iii   iii interim relief by railway administration 82hh (1) where on ret:'eil"t of [in application under rub-section (2a) of section 82c and aftcr makin,g' such enquiry as it may deem fit, the railway administration is satisfied that circumstances exist which require relief to be afforded to an applicant for compensation immediately, it lilay pending determination af the actual amount of compensation pay able under section 82a, pay to any person who has sustained injury or suffered any loss, or where death has resulted froill the accident, to any dependant of the deceased, such sum as it considers reasonable for affording such relief, so however, that the sum paid shall not exceed the amount of compensation payable at the rates prescribed under the rules made under section 821 (2) the railway administration shall, as soon as may be, after making an order regarding payment of interim relief under sub-section (1), send a copy thereof to the claims commissioner  (3) any sum paid by the railway administration under sub-section (1) shall be taken into account by the qaims commissioner while determining the amount of compensation payable bar or certain legal procecdidp 821 no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be dolle in pursuance of sections 8za to 82hh inclusive or of any rules made under section 82j power to make rules 8u 0) the central government may, by notification in the official gazette, make rules to carry out the objects of sections 82a to 82h inclusive (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for-(i) the qualifications and conditions of service of claims commissioners; - - - - - (iv,) the manner in which claims for oompensation may be inquired into and, determined by the claims commissioner; (v) the matters in respect of which any person may be chosen to assist the claims commissioner under section 82d, and the functions exercisable by such person;  (vi) generally for the effective exercis~ of any powers conferred on the claims commissioner - ' - - -  a bnlto provide for the establishment of a railway claims tribunal for inquiring into and determining claims against a railway administration for loss, destruction, damage, deterioration or noo-delivery of animals or goods entjusted to it to- be carried by railway or for the refund of· fares or freight or for compensation for death or injury to passer  gers occuriingas a r~sult of railway accidents and for matters connected therewith or incidental thereto - (shri madhavrao scindia, minister- of state of the ministry of r4izwallb) 