Ministry of Railways
Act Background and Ministry:
The Railway Claims Tribunal Act, 1987, was enacted 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 or untoward incidents. This act aims to create a specialized tribunal for resolving railway-related claims, reducing the burden on regular courts. While the Act does not specify a particular ministry, it falls under the purview of the Ministry of Railways in India.
Enactment Date, Number of Chapters, Number of Sections:
The Railway Claims Tribunal Act, 1987, was enacted on December 23, 1987. The Act is structured into 6 chapters and 30 sections, along with a repealed Chapter VII. These sections cover various aspects of the Railway Claims Tribunal, including its establishment, composition, jurisdiction, powers, procedures, and miscellaneous provisions.
Act Governed By:
The Act is primarily governed by the provisions outlined within its sections. It establishes the Railway Claims Tribunal, defines its composition, jurisdiction, and powers, and outlines the procedures for filing claims, conducting inquiries, and resolving disputes. The Act also specifies the procedures for appeals and the execution of orders.
On Whom It Is Applicable:
The Railway Claims Tribunal Act, 1987, is applicable to the Railway Claims Tribunal, its Chairman, Vice-Chairmen, and members, and to railway administrations and individuals who have claims against railway administrations.
Penalties/Punishments:
The Act does not explicitly specify penalties or punishments for non-compliance. However, it does outline the procedures for execution of orders of the Tribunal and provides for the recovery of amounts due.
Important Pointers:
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The Act establishes the Railway Claims Tribunal to adjudicate claims against railway administrations.
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The Tribunal consists of a Chairman, Vice-Chairmen, and Judicial and Technical Members.
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The Act outlines the qualifications and terms of service for the Chairperson and Members.
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The Tribunal has jurisdiction over claims related to loss, damage, or non-delivery of goods, refund of fares or freight, and compensation for death or injury to passengers.
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The Act specifies the procedures for filing applications and the limitation periods for claims.
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The Tribunal has the powers of a civil court for certain functions.
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The Act provides for the transfer of pending cases from courts to the Tribunal.
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It allows for appeals to the High Court against orders of the Tribunal.
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The Act ensures that the Tribunal’s proceedings are considered judicial proceedings and that its members are deemed to be public servants.
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The Act aims to provide a specialized and efficient mechanism for resolving railway-related claims.
Act Copy: