 the indian railways (amend- ment) bill, 1957las introduced in lolt sabra)  the indian railways (amendment) bill, 1957 (as introduced in lok sabra)a bill further to amend the indian railways act 1890 be it enacted by parliament in the eighth year of the republic of india as follows:-1 (1) this act may be called the indian railways (amendment) short title and com-act, 1957 mencement , (2) it shall come into force on such date as the central government may by notification in the official gazette, appoint 9 of 1890· 2 in section 27 of the indian railways act, 1890 (hereinafter am~ent referred to as the principal act), for sub-section (5), the following of aect10n "7· sub-section shall be substituted, namely:-10 "(5) any decision given by the central government under sub-section (4) shall be final and binding on all parties concerned" -3 in section 27a of the principal act, for sub-section (1) the amendment following sub-section shall be substituted, namely: -ofasection 27 "(1) the central government may, if in its opinion it is necessary in the public interest so to do, by general ~r special order, direct any railway administration-20 (a) to give special facilities for, or preference to, the transport of any such goods or class of goods consigned to the central government or to the government of any state or of such other goods or class of goods, as may be specified in the order; (b) to carry any goods or class of goods by such route or routes and at such rates as may be specified in the order" 4 in section 29 of the principal act,-amendment of iection ~9 (a) in sub-section (1), the words uother than a minor rail-s way" shall be omitted;  (b) for sub-section (2), the following sub-sections shall be substituted, namely:- (2) the central government may, by a like order, ax the rates of any other charges for the whole or any part of 10 a railway and prescribe the conditions in which such rates of charges shall apply (3) any complaint that a railway administration is contravening any order issued by the central government under sub-section (1) shall be determined by the central is government"  5 section 32 and section 33 of the principal act shall be omitted omillioa of lectiolll32 idd 33amldmeat 8 in section 34 of the principal act, for sub-section (2) and subof bectiod 34 section (3), the following sub-sections shall be substituted, namely: -2q u (2) the tribunal shall consist of a chairman and two other members to be appointed by the central government (3) a person shall not be qualified for appointment as the chairman of the tribunal unless he is, or has been, a judge of the supreme court or of a high court and the other two mem- 25 hers of the tribunal shall be chosen from among persons who, in the opinion of the central government, have special knowledge of commercial, industrial or economic conditions of the country or of the commercial working of the railways (4) the chairman and the other members of the tribunal 30 shall 'hold office for such period, not exceeding five years, as may be specified in the order of their appointment; and if the chairman or any other member is by infirmity or otherwise rendered incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation 35 of his appointment, the central government may appoint another person to act in his place during his absence <;) a person who holds office as the chairman or other member of the tribunal shall, on the expiration of the term of his office (not being an office to fill a casual vacancy), be ineligible for re-appointment to that office (6) subject to the provisions of sub-section (4) and subsection (5), the chairman and other members of the tribunal shall hold office on such- terms and conditions as the central government may, by general or special order, prescribe (7) no act or proceedings of the tribunal shall be deemed 10 to be invalid by reason merely of any vacancy in, or any defect ' in the constitution of, the tribunal" 7 section 35 of the principal act shall be omitted 8 in section 39 of the principal act, the words and brackets "the ~:::n~ state government (as the case may be)" shall be omitted 9 in section 41 of the principal act,-(e), the follow-(i) in sub-section (1), for clauses (b), to ing clauses shall be substituted, namely:-" (b) is charging for the carriage of any commodity between two stations a rate which is unreasonable, or (c) is levying any other charge which is unreasonable,"; 20 (ii) for sub-section (3), the following sub-section shall be substituted, namely:-"(3) in the case of a complaint under clause (b) or clause (c) of sub-section (1), the tribunal m~ fix suc!t rate or charge as it considers reasonable: provided that the rate to be fixed under clause (b) of sub-section (1) shall be within the limit of the maximum and minimum rates fixed by the centnli government under subsection (1) of section 29" 30 10 after section 41 of the principal act, the following section jnlertion of shall be inserted, namely: _ "41a where a railway administration, bound by an order ~ of of the tribunal, considers that since the order was made there has ~'­been a material change in the circumstances on which it was 35 based, the railway administration may, after the expiry of one' year from the date of the order, make an application to the tribunal for revision of the order and the tribudlli may, after making due inquiry into the matter in accordance with the provisions of this chapter, vary or revoke the order" substitution 11 for section 42 of the principal act, the following section shall ofnewlection for sec- be substituted, name1y:-5 tion 42 "42 the central government alone shall have power-(a) to classify or re-ciassify any commodity; power to clalsify or reclassify commodities of to alter rate • (b) to increase or reduce the level of class rates and other charges" 12 section 43 of the principal act shall be omitted 10 omisaion of aec:tioll 43 13 in section 44 of the principal act, in sub-section (2) ,-amendment of aection 44-(i) clauses (a)'and (b) shall be omitted; (ii) in clause <f), the words "or as assessors" shall be omitted 14 for section 45 of the principal act, the following section shall is be substituted, namely:-"45 (1) nothing in this chapter shall confer jurisdiction on the tribunal in respect of-substitution of new section for lection 45 bar ofjurib-diction of the tribunal (a) classification or re-classification of any commodity; (b) fixation of wharfage and demurrage charges (includ- 20 ing conditions attached to such charges); (c) scales of charges by a railway administration for the carriage of passengers and their luggage, parcels, military traftlc and traftlc in railway materials and stores (2) notwithstanding anything contained in su1:>-section (1), 25 the central government may make a reference to the tribunal in respect of any of the matters specified in that sub-section and where any such reference is made in respect of any matter, the tribunal shall make an inquiry into that matter and submit its report thereon to the central government 30 (3) on receipt of e repoj;t under suh-section (2), the central government may take such action as it considers suitable in respect of the matters dealt with in the report" 15 in section 46 of the principal act,-'amendment of aection 46 words (a) in clause (ii) , for the words "or reduce", the "reduce or cancel" shall be substituted; (b) clause (iii) shall be omitted , 16 in section 46a of the principal act, the proviso shall be amendment mitted of aection o  46a 17 in section 46c of the principal act,-amendment oflection (i) for clause (a), the following clause shall be substituted,46c• namely:-' 10 - (a) "classification" means the grouping of commodities' into classes (both for small and wagon loads) as duly authorised by the central government and notified in the indian railway conference association's goods tarift in force for the time being for the purpose of determining the is rate to be charged;'; (it) clquse (f) shall be omitted; (iii) after clause (g), the following clause shall be inserted, namely:-- (h) "wharfage" means the charge levied on goods for not removing them from the railway premises after the expiry of the free time allowed for such removal' 18 if, immediately before the commencement of this act, there is dis~ of pending any proceeding before the railway rates tribunal constitut- ~~pro­ed' under the indian railways act, 1890, as in force before such 2s commencement, the proceeding shall stand transferred to the railway rates tribunal constituted after such commencement "(hereinafter referred to as the new tribunal) and the new tribunal shall decide and dispose of that proceeding in accordance with the provisions of the said act qs in force after such commencement; and for the 30 removal of doubts, it is hereby declared that the proceeding, in so far as it relates to any complaint in respect of which the new tribunal has no jurisdiction, shall abate  statement of objects and reasonsthere has been a public feeling that the railway rates tribunal as now functioning has tended to be too formal and legalistic in its approach and that proceedings before it have been unduly prolonged and expensive the railway freight structure enquiry committee, which was set up in the year 1955, was, therefore, asked to examine what changes were needed in the existing constitution, jurisdiction and rules of procedure of the railway rates tribunal, so that the tribunal might be a more expeditious instrument for adjudication of railway freight matters at a reasonable cost to the litigant the recommendations made by the committee relating to this matter have been examined and it is proposed to suitably amend the indian railways act, 1890, in regard to the constitution and jurisdiction of the tribunal the present bill seeks to achieve this object 2 this bill also seeks to remove c&rtain lacunae and defects in the provisions of chapter v of the indian railways act that have come to notice in the working of the act jagnvan ram new dbliu; the' 13th novembn, 1957  annexure extracts from the indian railways act, 1890(9 of 1890) - - - - - 27 (1) every railway administration shall, according to its duty o!~­powers, afford all reasonable facilities for the receiving, forward- :i:rratiodl t; ing and delivering of traffic upon and from the several railways be- a~~ !j longing to or worked by it and for the return of rolling stock forwar~1 - - - - - traflic without unrea-bodable delay and without partiality (5) the powers conferred by this section on the central government shall, in relation to any dispute between two or more minor railways, be powers of the state government - - - - - 27a (1) the central government may, if in its opinion it is power of necessary in the public interest so to do, by general or special order, central tgot direct any railway administration to give special facilities fof, or :~endlre: preference to, the transport of any such goods or class of goods con-:= to~r':: signed to the central government or to the government of any state port of goods or of such other goods or class of goods as may be specijled in the !1mini1~:}' order tion - - - - - 29 (1) the central government may by general or special order pawer of the fix maximum and minimum rates for tlie whole or any part of a rail- central goy-way, other than a minor railway, and prescribe the conditions in ~:mu: which such rates will apply idd midi-(2) any complaint that a railway administration is contravening mumratelo any order issued by the central government in accordance with the provisions of this section shall be determined by the central government - - - - - 3z the central government may, by general or special order, fix pawerof the rates of terminal and other charges for the whole or any part of a =t~v­railway, and prescribe the conditions in which such rates will fiz teothrmiaal aad er apply cibar, ~ in 33 any decision given by the central government or the state with tbii government, in accordance with the provisions of this chapter, shall ~=:u be final and binding on all parties concerned  railway rati's tribunalcoiiititution of the tribudal m (1) there shall be a tribunal called the railway rates tribunal, for the purpose of discharging the functions hereinafter specified in this chapter (2) the tribunal shall consist of a president, and two other members, appointed by the central government; and they shall hold office for such periods and on such terms and conditions as the central government may, by general order, prescribe (3) a person shall not be qualified for appointment as a member of the tribunal unless he is or has been, or is quaiihed for appointment as, a judge of a high court  - - - - - camtituticla 35 (1) the central government shall constitu'e two panels of ofpauela of assessors, namely, (a) the trade, industry and agriculture panel; and --or (b) the railway panel-(2) the trade, industry and agriculture panel shall consist of not more than sixty persons chosen by the central government; onethird of the number chosen shall represent trade, one-third industry, and one-third agriculture, the representatives in each group being chosen after consulting such associations representing trade, industry or agriculture (as the case may be), as the central government may consider necessary (3) the railway panel shall consist of not more than thirty persons with railway experience, chosen by ,the central government (4) any appointment to either panel shall be notified in the offtcial gazette; and the notiftcation shall specify the term for which the appointment is made the term shall not exceed two years, but the member shall be eligible for re-appointrnent after the expiry of his term - - - - - 3t for the purpose of exercising the jurisdiction conferred on it by this chapter, the tribunal may pass such interim and ftnal orders a8 the circumstances may require, including orders for the payment, subject to the provisions of this chapter, of costs; and it shall be the duty of the central government, or the state government (as the case may be) on whom any obligation is imposed by any such order, to carry it out - - - - - 41 (1) any complaint that a railway administration-complaints agaidlt a (a) is contravening the provisions of section 28, or ~-e~~ (b) is charging station to station rates or wagon load rates which are unreasonable or rates which are unreasonable owing to any condition attached to them regarding minimum weight packing, assumption of risk or any other matter, or (c) is levying charges (other than standardised terminal charges) which are unreasonable, or (d) is unreasonably refusing to quote a new station to station rate, or (e) has unreasonably placed a commodity in a higher class, may be made to the tribunal, and the tribunal shall hear and decide any such complaint in uccordance with the provisions of this chapter - - - ' - (3) in the case of a complaint under clause (d) of sub-section (1), the tribunal may fix a new station to station rate  - - - - - 42 (1) the tribunal alone shall have power to re-classify any powerto commodity in a higher class but such power shall not be exercised a1~::; or except on the application of the central government ~tiel (2) the central government alone shall have power-(af to increase dt reduce the level of class rates, schedule rates and terminal and other charges; (b) to classify any commodity which has not been classifted before (3) the tribunal as well as the central government shall have power to r~-classify any "commodity in(' a lower class 43 (1) all matters shall be decided by the tribunal with the tribudal to aid of assessors ::::: wi  (2) where, in the opinion of the president of the tribunal, any ::r  matter prima facie appears to involve a question of principle, it shall be decided by a full bench consisting of the president and the other two members, with the aid of not less than four assessors selected by the president ip equal numbers from the trade, industry and agriculture panel and from the railway panel (3) all other matters may be decided by a single member of the tribunal with the aid of not more than four assessors selected by the president of the tribunal in equal numbers from the trade, industry and agriculture panel and from the railway panel: provided that the president may, in his discretion, direct that any such matter shall be decided by the full bench: provided further that where a single member of the tribunal hearing any matter considers that it involves a question of principle, he shall refer the matter to the president who shall direct that it shall be decided by the full bench in the manner referred to in sub-section (2) (4) it shall be the duty of each assessor to advise the tribunal and state his opinion on all questions arising in the matters before the tribunal, but the tribunal shall not be bound to act on the advice, or to conform to the opinion, of all or any of the assessors proce4ure 44 (1) with the approval of the central government, the tribunal may make rules regarding its practice and procedure and generally for the effective discharge of its functions under this chapter (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for-(4) the preparation of panels of assessors; (b) the terms and conditions of the appointment of assessors;  - - - - (i) the disposal by the tribunal of any proceedings before it: notwithstanding that in the course thereof there has been a change in the persons sitting as members of the tribunal or as assessors: - - - - 8ir ofjujil-45 nothing in this chapter shall confer jurisdiction on the =:'the tribunal in" respect of scales of charges levied by a railway administration for the carriage, of passengers and their luggage, parcels, military traftic and traftic in railway materials and stores, and demurrage charges, except on a reference made to the tribunal by "the central government 46 notwithstanding anything contained in- this chapter, a alt~atiod     f and canccu  railway administration may, m respect of the carriage 0 any tion of c:crmerchandise by goods train -taid itatioo to , ltalion nt  (i) quote a new station to station rate; or (i1) increase or reduce an existing station to station rate, not being a station to station rate introduced in compliance with an order made by the tribunal; or (iii) after due notice in the manner prescribed by the central government, cancel any station to station rate which has not been introduced in compliance with an order made by the tribunal, unless the tribunal has, after notice has been given as aforesaid, granted an injunction against such cancellation; or - - - - 46a the decision of the tribunal shall be by a majority of the deciliod of members sitting and shall be final: the tribudal provided that where a single member of the tribunal has heard and decided an,y matter, he may, in his discretion, give leave to any party to appeal to the full bench; and if an appeal is filed in pursuance of such leave, the decision of the full bench or of a majority of the members thereof, as the case may be, shall be final - - - - 48c in this chapter, unless there is anything repugnant in the defididodl subject or context,-(a) "classification" means the grouping of commodities into classes as notified in the indian railway conference association's goods tariff and as in force at the commencement of the indian railways (second amendment) act, 1948, for the purpose of determining the rate to be charged; - - - - <i> "schedule rate" means a rate lower than the maximum or class- rate applied on a commodity basis; - - - - a bill further to amend the indian railways act, 1890 (shri jagjitja" ram, minister of rai/fj)(jys) 