Recovery of Punitive Charge for overloading Please refer to CR's letter No.C/194/Misc/Amendment/Sec.73/IRA dated 29.07.2022 wherein Central Railway has…

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Summary

Recovery of Punitive Charge for overloading Please refer to CR's letter No.C/194/Misc/Amendment/Sec.73/IRA dated 29.07.2022 wherein Central Railway has suggested for amendment in Section 73 of Railways Act 1989 regarding Punitive Charge for overloading beyond its permissible carrying capacity as exhibited under sub-section (2) or sub-section

Text of the circular

3tTra .fF(cfiF( GOVERNMENT OF INDIA 
~J.t:4foi4 MINISTRY OF RAILWAYS 
(~ 
iftt RAILWAY BOARD) 
No.TC-T/2021/109/efile/1 (3365542) 
Pr. Chief Commercial Manager 
Central Railway 
New Delhi, dt. 17.08.2022 
Sub: Recovery of Punitive Charge for overloading 
Please refer to CR's letter No.C/194/Misc/Amendment/Sec.73/IRA dated 29.07.2022 
wherein Central Railway has suggested for amendment in Section 73 of Railways Act 1989 
regarding Punitive Charge for overloading. 
The matter has been examined and railway's suggestion has not been agree to. 
From the Railway's letter it is seen that the litigation had arisen as Punitive Charge was 
levied and collected after delivery of goods. 
Provisions of the Railways Act 1989 and Indian Railway Commercial Manual(IRCM) 
mandates recovery of railway dues before delivery of goods, as under- 
Section 73 of Railways Act 1989 
"Punitive charge for overloading a wagon. - Where a person loads goods in a wagon 
beyond its permissible carrying capacity as exhibited under sub-section (2) or sub-section 
(3), or notified under sub-section (4), of 
section 72, a railway administration may, in 
addition to the freight and other charges, recover from the consignor, the consignee or the 
endorsee, as the case may be, charges by way of 
penalty at such rates, as may be 
prescribed, before the delivery of 
the goods ... " 
Para 1820 ofIRCM Vol-II 
"Recovery of 
railway dues before delivery of 
goods - Before delivery of 
goods, it should be 
seen that all railway dues and other charges have been paid 
Zonal Railways are directed to scrupulously follow the extant guidelines. 
.------- ~ 
I \_/'I 
I') / <? 
(Barjesh Dharmani) 
Executive Director, Traffic Commercial(Rates) 
Railway Board 
\ 
, 
Copy to: 
PCCM, All Zonal Railways ( except CR) 
Rail Bhawan, Raisina Road, New Delhi-110001 
2

Related circulars

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