STATEMENT OF OBJECTS AND REASONS The substantive liability of the railway administration for loss. destruction, damage, non-delivery or deterioration of goods entrusted to them for carriage, and for death or injury, or loss, etc., to a passenger in a railway accident involving a passenger train is laid down in the Indian Railways Act, 1890. The consignors/consignees 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 death 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 such 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 provisions as to limitation) to be followed by the Claims Tribunal; (c) the exclusion of jurisdiction of all courts exercising ordinary original civil jurisdiction relating to specified claims for compensation and refund against the railway administration; (d) the transfer to the Claims Tribunal of any suit or other proceeding, other than an appeal pending before any court or other authority immediately before the establishment of such Claims Tribunal 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. -Gaz. of Ind., 23-11- 87, Pt. U.S. 2, Ext., p. 13 (No. 55).
An Act to 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 non-delivery of animals or goods entrusted to it to be carried by railway or for the refund of fares or freight or for compensation for death or injury to passengers occurring as a result of railway accidents 1[or untoward incidents] and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Railway Claims Tribunal Act, 1987.
(2) It extends to the whole of India.
(3) It shall come into force on such date2as the Central Government may, by notification, appoint.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,-
(a) "application" means an application made under section 16 -,
(b) "appointed day" means the date with effect from which the Claims Tribunal is established under section 3-;
(c) "Bench" means a Bench of the Claims Tribunal:
(d) "Chairman" means the Chairman of the Claims Tribunal;
(e) "Claims Tribunal" means the Railway Claims Tribunal 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
Vice-Chairman who possesses any of the qualifications specified in sub-section (3) of section 5-;
(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;
(i) "prescribed" means prescribed by rules;
(j) "Railways Act" means the Indian Railways Act, 1890 -;
(k) "rules" means rules made under this Act;
(l) "Technical Member" means a Member of the Claims Tribunal who is not a Judicial Member, and includes the Chairman or a Vice-Chairman who possesses any of the qualifications specified in sub-section (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 be construed as references to each of the Vice-Chairman;
3[(n) "untoward incident" shall have the meaning assigned to it in clause (c) of section 123 of the Railways Act, 1989-;]
3[(o)] words and expressions used and not defined in this Act but defined in the Railways Act or the rules made thereunder shall have the meanings respectively assigned to them in that Act or the said rules.
SECTION 03: ESTABLISHMENT OF RAILWAY CLAIMS TRIBUNAL
The Central Government shall, by notification, establish a 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.
SECTION 04: COMPOSITION OF CLAIMS TRIBUNAL AND BENCHES THEREOF
(1) The Claims Tribunal shall consist of a Chairman, four Vice-Chairmen and such number of Judicial Members and Technical Members as the Central Government may deem fit and, subject to the other provisions of this Act, the jurisdiction powers and authority of the Claims Tribunal may be exercised by Benches thereof.
(2) Subject to the other provisions of this Act, a Bench shall consist of one judicial Member and one Technical Member.
(3) Notwithstanding anything contained in sub -section (1), the Chairman-
(a) may, in addition to discharging the functions of the Judicial Member or the Technical Member of the Bench to which 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;
(c) may authorise the Vice-Chairman or the Judicial Member or the Technical Member appointed to one Bench to discharge also the functions 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 of this section, it shall be competent for the Chairman or any other Member authorised by the Chairman in this behalf to function as 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 pertaining to such classes of cases as the Chairman may, by general or special order, specify : Provided that if at any stage of the hearing 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 Chairman or as the case may be, referred to him for transfer, to such Bench as the Chairman may deem fit.
(5) Subject 4:0 the other provisions of this Act, the Benches shall sit at such places as the Central Government may, by notification specify.
SECTION 05:QUALIFICATIONS FOR APPOINTMENT AS CHAIRMAN, VICE CHAIRMAN OR OTHER MEMBER
(1) A person shall not be qualified for appointment as the Chairman unless he-
(a) is, or has been, a Judge of a High Court: or
(b) has, for at least two years, held the office of a Vice-Chairman.
(2) A person shall not be qualified for appointment as the Vice-Chairman unless he-
(a) is. or has been. or is qualified to be, a Judge 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 or any higher post for at least five years; or
(c) has. for at least Five years, held a civil judicial post carrying a scale of pay which is not less than that of Joint Secretary to the Government of India; or
(d) has. for at least five 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 Government of India and has adequate knowledge of rules and procedure of, and experience in, claims and commercial matter relating to railways; or
(e) has, for a period of not less than three years, held office as a Judicial Member or a Technical Member.
(3) A person shall not be qualified for appointment as a Judicial Member unless he-
(a) is, or has been. or is qualified to be. a Judge 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 for at least three years, held a civil judicial post carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India.
(4) A person shall not be qualified for appointment as a Technical Member unless he has for ill 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 Government of India and has adequate knowledge of rules and procedure of, and experience in, claims and commercial 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.
SECTION 06:VICE CHAIRMAN TO ACT AS CHAIRMAN OR TO DISCHARGE HIS FUNCTIONS IN CERTAIN CIRCUMSTANCES
(1) In the event of the occurrence of 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 date on which a new Chairman, appointed in accordance with the provisions of this Act of fill such vacancy, enters upon his office.
(2) When the Chairman is unable to discharge 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 discharge the functions of the Chairman until the date on which the Chairman resumes his duties.
SECTION 07: TERM OF OFFICE
The Chairman, Vice-Chairman or other Member shall hold office as such for a term of five years from the date on which he enters upon his office or until he attains,-
(a) in the case of the Chairman, the age of sixty-five years: and
(b) in the case of the Vice-Chairman or any other Member, the age of sixty-two years whichever is earlier.
SECTION 08: RESIGNATION AND REMOVAL
(1) The Chairman, Vice-Chairman or other Member may, by notice in writing under his hand to the president assign his office:
Provided that the Chairman, Vice-Chairman or other Member shall, unless he is permitted by the President to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(2) The Chairman, Vice-Chairman or any other Member shall not be removed from his office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which such Chairman, Vice-Chairman or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
(3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member referred to in sub-section (2).
SECTION 09: SALARIES AND ALLOWANCES AND OTHER TERMS AND CONDITIONS OF SERVICE OF CHAIRMAN, VICE CHAIRMAN AND OTHER MEMBERS
The salaries and allowances payable lo, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice- Chairman and other Members shall be such as may be prescribed: Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairman, Vice -Chairman or other Member shall be varied to his disadvantage after his appointment.
SECTION 10: PROVISION AS TO THE HOLDING OF OFFICES BY CHAIRMAN, VICE CHAIRMAN, ETC., ON CEASING TO BE SUCH CHAIRMAN OR VICE CHAIRMAN, ETC
On ceasing to hold office-
(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:
(b) a Vice-Chairman shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman of the Claims Tribunal, or as the Chairman, Vice -Chairman or member 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:
(c) a Member (other than the Chairman or Vice-Chairman) shall, subject to the other provisions ()l' this Act, be eligible for appointment as the Chairman or Vice-Chairman or as the Chairman. Vice-Chairman or member 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 appear, act or plead before the Claims Tribunal.
Explanation.- 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 corporation or society owned or controlled by the Government.
SECTION 11: FINANCIAL AND ADMINISTRATIVE POWERS OF CHAIRMAN
The Chairman shall exercise such Financial 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
Vice-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, continue to act under the direction, control and supervision of the Chairman.
SECTION 12: STAFF OF CLAIMS TRIBUNAL
(1) The Central Government shall determine the nature and categories of the officers and other employees required to assist the Claims Tribunal in the discharge of its functions and provide the Claims Tribunal with such officers and other employees as it may think fit.
(2) The officers and other employees of the Claims Tribunal shall discharge their functions under the general superintendence of the Chairman.
(3) The salaries and allowances and conditions of service of the officers and other employees of the Claims Tribunal shall be such as may be prescribed.
SECTION 13: JURISDICTION, POWERS AND AUTHORITY OF CLAIMS TRIBUNAL
(1) The Claims Tribunal shall exercise, on and from the appointed day, all such jurisdiction, powers and authority, as were exercisable immediately before that day by any civil court or a Claims Commissioner appointed under the provisions of the
Railways Act,-
(a) relating to the responsibility of the railway administrations as carriers under Chapter VII of the Railways Act in respect of claims for-
(i) compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway;
(ii) compensation payable under section 82A of the Railways Act-or the rules made thereunder: and
(b) in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway.
4[(1 A) The Claims Tribunal shall also exercise, on and from the date of commencement of the provisions of section 124A of the Railways Act, 1989-, all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court in respect of claims for compensation now payable by the railway administration under section 124A of the said Act-or the rules made there- under.]
(2) The provisions of the [Railways Act, 1989] and the rules made thereunder shall, so far as may be, be applicable to the inquiring into or determining, any claims by the Claims Tribunal under this Act.
SECTION 14: DISTRIBUTION OF BUSINESS AMONGST BENCHES
(1) Where any Benches are constituted, the Central Government may from time to time, by notification, make provisions as to the distribution of the business of the Claims Tribunal amongst the Benches and specify the matters which may be dealt with by each Bench.
(2) If any question arises as to whether any matter falls within the purview of the business allocated to a Bench, the decision of the Chairman shall be final.
Explanation.- For the removal of doubts, it is hereby declared that the expression "matters" includes an application under section 20 -.
SECTION 15: BAR OF JURISDICTION
On and from the appointed day, no court or other authority shall have or be entitled to exercise any jurisdiction, powers or authority in relation to the matters referred to in6[sub-sections ( 1 ) and ( 1 A)] of section 13-
SECTION 16: APPLICATION TO CLAIMS TRIBUNAL
(1) A person seeking any relief in respect of the matters referred to in sub-section (1)7[or sub-section (1 A)] of section 13 may make an application to the Claims Tribunal.
(2) Every application under sub-section (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)7[or, as the case way be, sub-section (I A)] of section 13 -.
SECTION 17: LIMITATION
(1) The Claims Tribunal shall not admit an application for any claim-
(a) under sub-clause (i) of clause (a) of sub-section (1) of section 13-unless the 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:
(b) under sub-clause (ii) of clause (a) of sub-section (1)8[or, as the case may be, sub-section (IA)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 administrationProvided that no application for any claim referred to in sub-clause (i) of clause (a) of sub-section (1) 6fsection 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-.
(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.
SECTION 18: PROCEDURE AND POWERS OF CLAIMS TRIBUNAL
(1) The Claims Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 , but shall be guided by the 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 expeditiously as possible and ordinarily every application shall 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 powers as are vested in a civil court under the Code of Civil Procedure, 1908-, while trying a suit, in respect 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;
(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 office:
(e) issuing commissions for the examination of witnesses or documents:
(f) reviewing its decisions:
(g) dismissing an application for default or deciding it ex parte;
(h) setting aside any order of dismissal of any application for default or any order passed by it ex parte:
(i) any other matter which may be prescribed.
SECTION 19: RIGHT TO LEGAL REPRESENTATION AND PRESENTING OFFICERS
(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 Tribunal.
(2) A railway administration may authorise one or more legal 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.
SECTION 20: POWER OF CHAIRMAN TO TRANSFER CASES FROM ONE BENCH TO ANOTHER
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, or on his own motion, without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench.
SECTION 21: DECISION TO BE BY MAJORITY
If the Members of a Bench differ 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 or refer the case for hearing on such point or points by one or more of the other Members and such 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.
SECTION 22: EXECUTION OF ORDERS OF CLAIMS TRIBUNAL
(1) An order made by the Claims Tribunal under this Act shall 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 having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.
SECTION 23: APPEALS
(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908-or in any other law, an appeal shall lie from 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 shall lie from an order passed by the Claims Tribunal 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.
SECTION 24: TRANSFER OF PENDING CASES
(1) Every suit, claim or other legal proceeding (other than an appeal) pending before any court. Claims Commissioner or other authority immediately before the appointed day,9[or, as the case may be, the date of commencement of the provisions of subsection
(1A) of section 13-], 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,9[or, as the case may be, the date of commencement of the provisions of subsection (1A) of section 13-], within the jurisdiction of the Claims Tribunal shall stand transferred on10[that day or, as the case may be, date] to the Claims Tribunal.
(2) Where any suit, claim or other legal proceeding stands transferred from any court. Claims Commissioner or other authority to the Claims Tribunal under sub-section (1),-
(a) the court Claims Commissioner or other authority shall, as soon 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 same manner as an application from the stage which was reached before such transfer or from any earlier stage or de novo as the Claims Tribunal may deem fit.
SECTION 25: PROCEEDINGS BEFORE CLAIMS TRIBUNAL TO BE JUDICIAL PROCEEDINGS
All proceedings before the Claims Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code
SECTION 26: MEMBERS AND STAFF OF CLAIMS TRIBUNAL TO BE PUBLIC SERVANTS
The Chairman, Vice-Chairman and other Members and the officers 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
SECTION 27: PROTECTION OF ACTION TAKEN IN GOOD FAITH
No suit, prosecution or other legal proceeding shall lie against the Central Government or against the Chairman, Vice-Chairman or other Members, or any other person authorised by the Chairman, Vice-Chairman or other Member for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
SECTION 28: ACT TO HAVE OVERRIDING EFFECT
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
SECTION 29: POWER TO REMOVE DIFFICULTIES
(1) If any difficulty arises in giving effect to provisions of his Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the appointed day.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
SECTION 30: POWER TO MAKE RULES
(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 rules may provide for all or any of the following 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-;
(c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11-;
(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 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-;
(f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of 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 section;
(g) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House 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 session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect 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 that rule.
SECTION 30A: POWER TO MAKE RULES RETROSPECTIVELY
The power to makes rules under clause (b) of sub-section (2) of Section 30 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective
effect shall be given to any such rule so as to prejudically affect the interests of any person to whom such rule may be applicable."]
SECTION 31: AMENDMENT OF SECTION 3
In section 3 of the Railways Act-, after clause (1B), the following clause shall be inserted, namely :- (19) "Claims Tribunal" means the Railway Claims Tribunal established under section 3 of the Railway Claims Tribunal Act; 1987,'.
SECTION 32: AMENDMENT OF SECTION 78A
In section 78A of the Railways Act -, for the word "suit", the words "application before the Claims Tribunal" shall be substituted.
SECTION 33: SUBSTITUTION OF NEW SECTION FOR SECTION 80
For section 80 of the Railways Act, the following section shall be substituted, namely:- "80. Application for compensation.- An application to the Claims Tribunal for 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 be made, -
(a) if the passenger was, or the animals or goods were, booked from one slating 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 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 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.".
SECTION 34: OMISSION OF SECTIONS 82B, 82D AND 82F
-Sections 82B -,82D-and82F of the Railways Act-shall be omitted.
SECTION 35: AMENDMENT OF SECTION 82C
In section 82C of the Railways Act-,-
(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.
SECTION 36: AMENDMENT OF SECTIONS 82E, 82G AND 82HH
In sections 82E-,82G-and82HH of the Railways Act-, for the words "Claims Commissioner", wherever they occur, the words "Claims Tribunal" shall be substituted.
SECTION 37: AMENDMENT OF SECTION 82L
In section 82L of the Railways Act, for the words, figures and letters "sections 82A-to82HH-, the words, figures and letters "sections 82A-,82C-,82E-and82G-to82HH-" shall be substituted.
SECTION 38: AMENDMENT OF SECTION 82J
In section 82J-of the Railways Act,-
(a) in sub-section (1), for the words, figures and letters "sections 82A to 82H inclusive" the words, figures and letters "sections 82A-,82C-,82E-,82G-and82H-" shall be substituted;
(b) in sub-section (2), clause (i) and clauses (iv) to (vi) shall be omitted.
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Railway Claims Tribunal (Procedure) Rules, 1989.
(2) They shall come into force on the 'appointed day' within the meaning of Clause (b) of Section (2) of the Act.
RULE 02: DEFINITIONS
In these rules, unless the context otherwise requires:-
(a) "Act" means the Railway Claims Tribunal Act, 1987 (54 of 1987)-;
(b) "accident" means an accident of the nature desired in Section 82-A of the Indian Railway Act, 1890 (9 of 1890);
(c) "applicant" means a person making an application to the Tribunal under section 16-of the Act ;
(d) "Form" means a form appended to these rules ;
(e) "legal practitioner" shall have the meaning assigned to it under clause (i) of section 2 of the Advocates Act, 1961 (25 of 1961).
(f) "legal representative" means a person who in law represents the estate of deceased;
(g) "Registrar" means the person who is for the time being discharging the functions of the Registrar of the Tijbunal and includes an Additional and Assistant Registrar.
(h) "Registry" means the Registry of any Bench of the Tribunal;
(i) "Schedule" means a schedule to these rules;
(j) "Section" means a section of the Act;
(k) "Transferred application" means a suit, claim or other legal proceeding which has been transferred to the Tribunal under section 24 -of the Act ;
(l) "Tribunal" means the Railway Claims Tribunal established under section 3-of the Act;
(m) Words and expression used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in that Act.
RULE 03: TERRITORIAL JURISDICTION OF BENCHES
aaaaa"(1) The number of Benches, the Headquarters of each Bench and the territorial jurisdiction of every such bench shall be as specified in Schedule 1 and Schedule 1A".
(2) If an application is received by a Bench which does not have territorial jurisdiction to deal with the matter, the Registrar of the Bench shall return the application to the applicant.
(3) Notwithstanding anything contained in sub-rule (2) the applicant may apply to the Chairman and the Chairman may thereupon for reasons recorded in writing direct a Bench other than the Bench before which an application has been filed to hear such application and issue such orders as may be necessary for the transfer of the application.
RULE 04: LANGUAGE OF THE TRIBUNAL
The language of the Tribunal shall be English:
"Provided that the parties to a proceeding before the Tribunal may file documents drawn up in Hindi, if they so desire;
Provided further that:
(a) a Bench may, in its discretion, permit the use of Hindi in the proceedings, subject to the condition that the final order shall be in English ; and
(b) a Bench hearing a matter, may, in its discretion direct English translation of pleadings and documents to be filed."
RULE 05: PROCEDURE FOR FILING APPLICATIONS
(1) An application to the Tribunal shall be presented in Form I or Form II or Form III as the case may be either by the applicant in person or by an agent or by his duly authorised legal practitioner1["in the office of the Registrar or the Additional Registrar, or the Assistant Registrar, as the case may be"].
(2) An application referred to in sub-iule (1) may also be sent by registered post1["in the office of the Registrar or the Additional Registrar, or the Assistant Registrar, as the case may be"]. of the Bench concerned.
2"(2 -A) An application sent by post under sub -rule (2) shall be deemed to have been presented to the Registrar on the day on which it is received in the Tribunal."
(3) The application under sub-rule (1) or sub-rule (2) shall be presented in triplicate.
(4) Where the number of respondents is more than one, as many extra copies of the application as there are respondents, together with unused file size envelopes, bearing the full address of such respondents, shall be furnished by the applicant.
(5) The applicant may attach to and present with his application a receipt slip in Form II which shall be signed by the Registrar of the officer receiving the application on behalf of the Registrar in acknowledgement.
(6) Every application including any miscellaneous application, shall be typed legibly in double space on one side on thick paper of good quality.
RULE 06: APPLICATION FEES FOR CASES OTHER THAN COMPENSATION FOR DEATH OR INJURY TO PASSENGERS
(1) Every application made under sub-section (1) of section 16-for seeking relief in respect of matters, other than claim of compensation for death or injuries to passengers, shall be accompanied by a fee as specified in Schedule II.
(2) The amount of the fee as referred to in sub-rule (1) shall be payable by crossed demand draft on a nationalised bank drawn in favour of the Registrar of the concerned bench or remitted through a crossed Indian Postal Order and drawn in favour of the
Registrar of the concerned bench.
RULE 07: DOCUMENTS TO ACCOMPANY THE APPLICATION
(1)Every application for compensation in respect of loss, destruction, damage, deterioration or non- delivery of animals or goods or in respect of refund of fare or freight shall be accompanied by the following documents, namely:-
(a) copy of the railway receipt/parcel way bill/luggage ticket ;
(b) original sale invoice (Bijak), if any ;
(c) copy of order or letter, if any, of the railway administration deciding the claim of the party ;
(d) copy of the original certificate issued by the railway administration regarding loss, deterioration or damage to the goods, at the time of granting open delivery or assessment delivery ;
(c) copy of the notice under section 78-B of the Indian Railways Act, 1890.
(d) copies of any other relevant document in possession of the applicant.
3"(e) copy of notice under Section 106 of the Railways Act, 1989."
4(2) The documents referred to in sub -rule (1) may be attested by a legal practitioner or by a Gazetted Officer of the Central Government or a State Government.
4(3) An application filed under sub-rule (1) of Rule 5 by a legal practitioner shall be accompanied by a Vakalatnama and that by an agent shall be accompanied by a document authorizing him to act as such.
4(4) When any document accompanying an application or reply appears to be defaced, torn, or in any way damaged or otherwise its condition or appearance requires special notice, a mention regarding its condition and appearance shall be made by the party producing the same in the index of such application or reply, as the case may be, and the same shall be verified by the Registrar.
RULE 08: PLACE OF FILING APPLICATION FOR COMPENSATION IN ACCIDENT OR UNTOWARD INCIDENT CLAIM.
5An application for compensation payable under Sections 124 and 124-A of the Railways Act, 1989 may be filed before the Bench having territorial jurisdiction over the place from which the passenger obtains or purchases his pass or ticket or where the accident or untoward incident occurs or where the place of destination station lies or where the claimant normally resides.
RULE 09: PLACE OF FILING APPLICATION FOR COMPENSATION FOR LOSS, DAMAGE, DESTRUCTION, DETERIORATION OF NON DELIVERY OF GOODS OR ANIMALS
An application for compensation referred to in sub-clause (i) of clause (a) of sub-section (1) of section 13-of the Act may be filed before the Bench having territorial jurisdiction over the place where.-
(a) the goods or animals were delivered for carriage ; or
(b) where the destination station lies ; or
(c) the loss, destruction, damage or deterioration of goods or animals occurred.
RULE 10: PLACE OF FILING APPLICATION FOR REFUND OF FARE AND FREIGHT
An application in respect of a claim for refund of fare or freight referred to in clause (b) of sub-section (1) of section 13 -of the Act may be filed before the Bench having territorial jurisdiction over the place at which such fare or freight was paid to the place where the destination station lies.
RULE 10A:
6Every application made under Rule 9 or 10 shall be accompanied with a fee of ten rupees for each respondent for the service or execution of process.
RULE 11: SCRUTINY OF APPLICATIONS
7(3) If on scrutiny an application, is found defective arid defect noticed is formal in nature, the Registrar may allow the applicant to rectify the same in his presence, and if the defect is not formal in nature, the Registrar may allow the applicant to rectify defect in a week's time, which may be extended in appropriate cases on the written request of the applicant.
(4) If the applicant fails to rectify the defect within the time allowed under sub-rule (3), the Registrar may, by order and for reasons to be recorded in writing, decline to register the application and inform the applicant accordingly.
(5) An appeal against the order passed under sub-rule (4) may be preferred by the person aggrieved within fifteen days from the date of such order to any Member and such appeal shall be dealt with and disposed of in Chamber by the Member whose decision thereon shall be final.
RULE 11A: MAINTENANCE OF CASH REGISTER
8(1) All payments received by way of Indian postal orders or demand drafts or in cash by the Registrar shall be entered immediately by the Registration Clerk on their receipt side in a Cash Register maintained in Form VI.
(2) On every last working day of the week, the payments received during the week by way of Indian postal orders or demand drafts shall be transmitted by the Registration Clerk to the official in charge of the Cash Section, who after scrutiny and verification shall acknowledge the receipt of all moneys in the Cash Register.
(3) The payments received in cash shall be transmitted by the Registration Clerk to the official in charge of the Cash Section on each day, who after verification shall acknowledge the receipt of all moneys in the Cash Register.
(4) The official in charge of the Cash Section shall deposit all payments received by way of Indian postal order or demand draft or cash in the Bank account of the Tribunal.
RULE 12: NOTICE TO OPPOSITE PARTY
(1) The Tribunal shall issue9["notice in Form VII"] to the respondent to show cause against the application on a date of hearing to be specified therein. Such notice shall be accompanied by a copy of the application.
(2) If the respondent does not appear on the date specified in the notice or appears and admits the claim, the Claims Tribunal shall forthwith proceed to dispose of the application.
(3) If the respondent contests the claim it may file a reply along with copies of such documents on which it relies on or before the date of hearing and such reply and copies of documents shall form part of the record.
RULE 13: SERVICE OF NOTICES AND PROCESSES ISSUED BY THE TRIBUNAL
(1) Any notice or process to be issued by the Tribunal may be served in any one of the following modes as may be directed by the Bench.
(a) by hand delivery through a process server ;
(b) by registered post with acknowledgement due ;
(c) service by the party himself.
(2) Where a notice issued by the Tribunal is served by the party himself by 'hand delivery', he shall file with the Registry the acknowledgement, together with an affidavit of service.
(3) Notwithstanding anything contained in sub-rule (1), the Tribunal may, taking into account the number of respondents and their places of residence of work and other circumstances, direct that notice of the application shall be served upon the respondents in any other manner, including any manner of substituted service, as it appears on the Tribunal just and convenient.
10(4) A notice or process may also be served on the legal practitioner representing the applicant or the respondent, as the case may be, in any proceeding or on any person authorized to accept a notice or a process, and such service on the legal practitioner or on the authorized person shall be deemed to be proper service.
10(5) Where the Tribunal directs a service under sub-rule (3), such amount of charges, as may be determined by the Tribunal from time to time, but not exceeding the actual charges incurred in effecting the service, shall be deposited in the Tribunal.
RULE 14: FILING OF AFFIDAVIT
(1) The Tribunal may direct the parties to give evidence, if any, by affidavit.
(2) Notwithstanding anything contained in sub-rule (1), where the Tribunal considers it necessary for just decision of the case, it may order cross- examination of any deponent.
11(3) Every affidavit to be filed before the Tribunal shall be in Form VIII.
RULE 15: FILING OF REPLY AND OTHER DOCUMENTS BY THE RESPONDENTS
(1) Each respondent may file his reply to the application and copies of the documents on or before the date of hearing.
(2) In reply filed under sub-rule (1), the respondent shall specifically admit, deny or explain the facts stated by the applicant in his application and state such additional facts as may be found necessary in his reply along with affidavit.
11(3) When the respondent admits the facts stated in the application, the Tribunal may make order in this regard.
RULE 15A: FILING OF REJOINDER
12The applicant intending to file rejoinder to the written reply filed by the respondent may do so with the permission of the Tribunal.
RULE 15B: ADMISSIONS AND DENIAL OF DOCUMENTS
12The Tribunal may, before framing issues ascertain from parties or their authorized representatives whether they admit or deny documents accompanying the application or reply, if any, and shall record such admission and denial.
RULE 15C: MARKING OF DOCUMENTS
12The documents filed by the applicant shall be marked as "A" series and the documents filed by the respondent shall be marked as "R" series and the Tribunal exhibits shall be marked as "C" series.
RULE 16: SUMMARY DISMISSAL OF APPLICATION
The Tribunal, may, after considering the application, summarily dismiss the application, if for reasons to be recorded, the Tribunal is of opinion that there are not sufficient ground for proceeding therewith.
RULE 17: HEARING OF APPLICATIONS
The Tribunal shall notify to the parties the date and place of hearing of the application in such manner as the Chairman may, by general or special order, direct.
RULE 17A: OATH TO THE WITNESS
13The Court Master or the Commission, as the case may be, shall administer the following oath to a witness:—
I do swear in the name of God that what I shall state shall be truth and nothing but the truth.
RULE 18: ACTION ON APPLICATION FOR APPLICANT'S DEFAULT
(1) Where on the date fixed for hearing of the application or on any other date to which such hearing may be adjourned, the applicant does not appear when the applicant is called for hearing, the Tribunal may, in its discretion, either dismiss the application for default or hear and decide it on merit.
(2) Where an application has been dismissed for default and the applicant files an application within thirty days from the date of dismissal and satisfies the Tribunal that there was sufficient cause for his non-appearance when the application was called for hearing, the Tribunal shall make an order setting aside the order dismissing the application and restore the same:
Provided, however, where the case was disposed of on merits the decision shall not be re-opened except by way of review.
RULE 19: EX PARTE HEARING AND DISPOSAL OF APPLICATIONS
(1) Where on the date fixed for hearing the application or on any other date to which such hearing may be adjourned, the applicant appears and the respondent does not appear when the application is called for hearing, the Tribunal may, in its discretion adjourn the hearing or hear and decide the application ex-parte.
(2) Where an application has been heard ex-parte against a respondent or respondents, such Respondent or respondents may apply to the Tribunal for an order to set it aside and if such respondent or respondents satisfy the Tribunal that the notice was not duly served, or that he or they were prevented by any sufficient cause from appearing when the application was called for hearing Tribunal may make an older setting aside the ex-parte hearing as against him or them upon such terms as it thinks fit. and shall appoint a day for proceeding with the application:
Provided that where the ex-parte hearing of the application is of such nature that it cannot be set aside as against one respondent only, it may be set aside as against all or any of the other respondents also.
RULE 20: PROCEDURE AND POWERS OF TRIBUNAL
The Tribunal shall have for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect 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 ;
(d) subject to the provisions of sections 123andSections 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or copy of such record or document from any office ;
(e) issuing commissions for the examination of witness or documents ;
(f) reviewing its decisions ;
(g) dismissing an application for default or ex-parte ;
(h) setting aside any order of dismissal of any application for default or any order passed by it ex-parte.
RULE 21: FRAMING AND DETERMINATION OF ISSUE
(1) After considering the reply, the Tribunal shall ascertain upon what material propositions of fact or of law the parties are at variance and shall thereupon proceed to frame and record the issues upon which the right decision of the case appeals to it to depend.
(2) In recording the issues, the Tribunal shall distinguish between those issues which in its opinion concern points of facts and those which concern points of law.
(3) After framing the issues, the Tribunal shall proceed to record evidence thereon which each party may desire to produce.
RULE 22: SUMMONING OF WITNESSES AND METHOD OF RECORDING EVIDENCE.
14(1) If an application is presented by any party to the proceedings for summoning of witnesses, the tribunal may issue summons for the appearance of such witnesses unless it considers that their appearance is not necessary for the just decision of the case.
However, the reasons for so doing will be recorded in writing.
(2)[****]
15(3) Where summons are issued by the Tribunal under sub-rule (1) to any witness to give evidence or to produce any document, the person so summoned shall be entitled to such travelling and daily allowance sufficient to defray the travelling and other expenses as may be determined by the Registrar.
RULE 22A: DOCUMENTS NOT TO FORM PART OF RECORDS
16Unless duly permitted by the Tribunal, the following documents shall not form pan of the records of the case,—
(a) written statement filed after the expiry of time granted for the purpose;
(b) rejoinder filed without leave of the Tribunal or after the expiry of time granted;
(c) additional pleading filed without leave of the Tribunal or filed after expiry of time granted; and
(d) documents not tendered into evidence.
RULE 23: POWER TO ISSUE COMMISSION
Any Bench of the Tribunal may issue a commission for the examination on interrogatories or otherwise of any person17[* * *] who is unable to attend the Tribunal for any justifiable reason.
RULE 24: PROCEDURE IN CONNECTED CASES
(1) Where two or more applications pending before a Tribunal arise out of the same facts and any issue involved is common to two or more such applications, such applications may, so far as the evidence bearing on such issue is concerned, be heard simultaneously.
(2) Where action is taken under sub-rule (1), the evidence bearing on the common issue or issues shall be recorded on the record of one application the Tribunal shall certify under its hand on the records of any such other application, the extent to which evidence so recorded applies to such other case and the fact that the parties to such other case had the opportunity of being present, and, if they were present of cross-examining the witnesses.
RULE 25: CALENDAR OF TRANSFERRED CASES
Each Bench shall draw up a calendar for the hearing of transferred cases in such manner as the Chairman may, by general or special order direct and, hear and decide the cases according to the calendar.
RULE 26: SUBSTITUTION OF LEGAL REPRESENTATIVES
(1) In the case of death of a party during the pendency of the proceedings before Tribunal, the legal representatives of the deceased party may apply within ninety days of the date of such death for being brought on record.
(2) Where no application is received from the legal representatives within the period specified in sub-rule (1), the proceedings shall abate:
Provided that for good and sufficient reasons shown, the Tribunal may allow substitution of the legal representatives of the deceased.
RULE 27: ASSESSORS
(1) In an enquiry into a claim, the tribunal may call in the aid of assessors, not exceeding two in number, who possess any technical or special knowledge with respect to any matter before the Tribunal for the purpose of assisting the Tribunal.
(2) An assessor shall perform such functions as the Tribunal may direct.
(3) The remuneration, if any, to be paid to an assessor shall in every case be determined by the Tribunal and be paid by it.
RULE 28: ADJOURNMENT OF HEARING
If the Tribunal finds that an application cannot be disposed of at one hearing it shall record the reasons which necessitate the adjournment and also inform the parties present of the date of adjourned hearing.
18Provided that no such adjournment shall be granted more than three times to a party during the proceedings before the Tribunal;
18Provided further that all the documents shall be filed by the parties along with pleadings and no adjournment shall be granted for filing documents at a later stage except in circumstances which are beyond the control of the concerned party.
RULE 29: COSTS
The claims Tribunal may, in its discretion, pass such orders in respect of costs incidental to any proceedings before it, as it may deem fit.
RULE 30: DECISION OF THE TRIBUNAL
The Tribunal shall decide every application as expeditiously as possible on perusal of documents, affidavits and other evidence, if any, and after hearing such oral arguments as may be advanced.
RULE 31: ORDER TO BE PASSED AND SIGNED
19(1) The Tribunal, after hearing the applicant and respondent, shall make and pronounce an order either at once or as soon as thereafter as may be practicable but not later than twenty-one days from the final hearing.
(2) An order made by the Tribunal shall be executable by the Tribunal as a decree of civil court and the provisions of the Code of Civil Procedure, 1908, so far as may be, shall apply as they apply in respect of decree of a civil court.
(3) Every order of the Tribunal shall be in writing and shall be signed by the Member or Members constituting the Bench, which pronounced the order.
RULE 31A: EXECUTION OF ORDER
20An order of the Tribunal may be executed by the Bench which pass it if the respondent is within the territorial jurisdiction of the said Bench or by any other Bench or court to which it is sent for execution, when the respondent is having his office within the territorial jurisdiction of such Bench or court, as the case may be.
RULE 31B: APPLICATION FOR EXECUTION
20For execution the holder of an order shall make an application to the Tribunal in Form IX.
RULE 31C: ISSUE OF PROCESS OF EXECUTION
20(1) On receipt of an application under Rule 31 -B, the Tribunal shall issue a process for execution of its order in Form X.
(2) The Tribunal shall consider objection, if any, raised by the respondent and make such order as it may deem fit and shall issue attachment or recovery warrant in Form XI and XII, as the case may be.
RULE 32: REVIEW OF DECISION
(1) Any person considering himself aggrieved by any order of the Tribunal from which no appeal is allowed21["or from which appeal is allowed, but has not been preferred"] and who on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the Order made against him, may apply for review of a final order not being an interlocutory order, to the Tribunal.
(2) Where it appears to the Tribunal that there is not sufficient ground for a review, it shall reject the application.
(3) Where the Tribunal is of the opinion that the application for review should be granted, it shall grant the same:
Provided that no such application shall be granted without previous notice to the opposite party to enable him to appear and be heard in support of the order, a review of which is applied for.
RULE 33: PUBLICATION OF ORDERS
Any order of the Tribunal deemed by it to be fit for publication in any authoritative report or other media may be released for such publication on such terms and conditions as the Chairman or Vice- Chairman or Member concerned may specify by general or special order.
RULE 34: CERTIFIED COPY OF THE ORDER AND INSPECTION OF RECORD
(1) If the applicant or the respondent to any proceeding requires a copy of any order passed by the Tribunal, the same shall be supplied to him on payment of rupees ten per order 22["in the normal course of time within seven working days from the receipt of an application for the said purpose and on payment of Rupees Twenty on urgent basis within three working days from the receipt of an application for the said purpose".]
(2) The parties to any case or their Counsel may be allowed to inspect the record of the case on making an application in writing to the Registrar and payment of rupees ten per inspection.
23(3) Notwithstanding anything contained in sub-rule (1), in compensation cases relating to accident and untoward incidents, one copy of the order made by the Tribunal shall be sent within three working days by the Registrar to both the parties free of cost with an endorsement thereon "Free copy".
RULE 35: ORDERS OR DIRECTIONS BY THE TRIBUNAL
The Tribunal may pass such orders or give such directions as may be necessary or expedient to give effect to it orders or to prevent abuse of its process or to secure the end of justice.
RULE 36: REGISTRATION OF LEGAL PRACTITIONER'S CLERKS
(1) No clerk employed by a legal practitioner shall act as such before the Tribunal or be permitted to have access to the records and obtain copies of the orders of a Bench of the Tribunal in which the legal practitioner ordinarily practices, unless his name
is entered in the Register of Clerks maintained by the said Bench. Such clerk shall be known as a "Registered Clerk".
(2) A legal practitioner desirous of registering his clerk shall make an application to the Registrar in Form V. On such application being allowed by the Registrar, his name shall be entered in the Register of Clerks.
24(3) An Identity Card shall be issued in Form XIII to a Registered Clerk of the legal practitioner on payment of a fee of Rupees Fifteen by way of Indian postal order or demand draft drawn in favour of the Registrar.
RULE 37: POWERS, FUNCTIONS AND DUTIES OF THE REGISTRAR
(1) The Registrar shall have the custody of the records of the Tribunal and shall exercise such other functions as are assigned to him under these rules or from time to time by the Chairman or the Vice-Chairman or the Member.
(2) Without prejudice to the foregoing sub-rule (1), the Registrar shall have the following powers and duties, subject to the general or special order of the Chairman, Vice-Chairman or Member, namely :-
(i) to receive all applications and other documents including transferred applications under sub-rule (3) of Rule 3-;
(ii) to decide all questions arising out of the scrutiny of the applications before they are registered in accordance with Rule 11-;
(iii) to require any application presented to the Tribunal to be amended for compliance with any provision of the Act or the rules ;
(iv) subject to the direction of the respective Benches, to fix the date of hearings and to issue notices therefor ;
(v) to direct any formal amendment of records ;
(vi) to order grant of copies of documents to parties to the proceedings ;
(vii) to grant leave to inspect the records of the Tribunal ;
(viii) to dispose of all matters relating to the service of notices or other processes, applications for the issue of fresh notices and for extending the time for filing such applications and to grant time not exceeding25"thirty" days for filing a reply or rejoinder if any, and to place the matter before the Bench for appropriate orders after the expiry of the aforesaid period;
(ix) to requisition or transfer of any records of such suit, claim or other legal proceeding as are transferred to the claims Tribunal from any Court, Claims-Commissioner or other authority under clause (a) of sub-section (2) of section 24-of the Act.
(x) to receive and dispose of applications for substitution, except where the substitution would involve setting aside an order of abatement ;
(xi) to receive and dispose of applications by parties for return of documents.
26(xii) to supply to the Central Government the information in Form XIV;
26(xiii) to dismiss the application for default in case the applicant or his legal practitioner does not appear before him on the date fixed for hearing of (he case:
26(xiv) to dismiss the application in case the applicant fails to serve the opposite party with the notice; and
26(xv) to restore the application, if he is satisfied that there are sufficient reasons for non-appearance or for not serving the opposite party.
(3) The official shall be kept in the custody of the Registrar.
(4) Subject to any general or special direction by the Chairman, the seal of the Tribunal shall not be affixed to any order, summons or other process save under the authority in writing of the Registrar.
(5) The seal of the Tribunal shall not be affixed to any certified copy issued by the Tribunal save under the authority in writing of the Registrar.
(6) The Registrar of each Bench shall make out, every month a brief summary of the important decisions given by that Bench during the previous month and send it to the Registrar of the Principal Bench who shall after suitable editing, circulate it to all the Benches of the Tribunal in the country and to all Chief Claims Officers of Zonal Railways for their information.
