Open the official PDF on indianrailways.gov.in
| Type | Commercial Circular |
|---|---|
| Topic | claims |
| Official PDF | indianrailways.gov.in |
section (2) of section 87 of the Railways Act, 1989 (24 of 1989) the Central Government hereby makes the following rules, namely ೦ 1. Short title and commencement :- 1. These rules may be called the Manner of Giving Open Delivery and Prescription of Partial Delivery Certificate Form Rules, 1990 the Central Government hereby makes the following rules to amend the Railway Accident (Compensation) Rules, namely:-
MINISTRY OF RAILWAYS (RAILWAY BOARD) NOTIFICATION New Delhi, the 11th December, 1990 G.S.R.೦ 942(E) ೦ In exercise of the powers conferred by clauses (h) and (i) of sub-section (2) of section 87 of the Railways Act, 1989 (24 of 1989) the Central Government hereby makes the following rules, namely ೦ 1. Short title and commencement :- 1. These rules may be called the Manner of Giving Open Delivery and Prescription of Partial Delivery Certificate Form Rules, 1990. 2. They shall come into force on the date of their publication in the official Gazette. 2. ೦೦೦೦Definition: ೦೦೦೦೦೦೦೦೦In these rules unless the context otherwise requires ೦ (a) ೦Act means the Railways Act, 1989 (124 of 1989); (b) ೦Open Delivery೦ means delivery of a consignment given by railway administration on the demand of the consignee or endorsee when such consignment arrives in a damaged condition or shows signs of having been tampered with೦. (c) ೦Partial Delivery೦ means delivery of a part of the consignment where the whole consignment has not arrived at the destination; (d) ೦Schedule೦ means the Schedule to these rules; 7/13/24, 11:09 AM EEEE https://rct.indianrail.gov.in/noti_on_clm.htm 1/30 (e) words and expressions used herein and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act. 3. Open delivery of consignment೦ ೦೦೦೦೦೦೦೦೦೦೦ Where any consignment arrives at the destination station in a damaged condition or shows signs of having been tampered with, the consignee or the endorse may make a request in writing to the railway administration for open delivery of such consignment, in accordance with these rules. ೦೦೦೦೦೦೦೦೦೦೦ Provided that any assessment of the extent of damage shall not prejudice the rights of the railway administration to repudiate its liability under the Act. 4.೦೦೦Condition subject to which open delivery of a damaged consignment shall be given: ೦೦೦೦೦೦೦೦೦೦೦ A railway administration may give open delivery of a damaged consignment subject to the condition that the extent of damage to the consignment shall be assessed by the railway servant granting such open delivery on the basis of visual examination and such other chemical or physical tests as he may deem necessary. 5.೦೦ Conditions subject to which open delivery of tampered consignments shall be given೦ ೦೦೦೦೦೦೦೦೦೦೦ A railway administration may give open delivery of tampered consignments subject to the following conditions namely:- (I) Assessment of the extent of shortage shall be೦ done by the railway servant granting open delivery after comparing the details of the consignments booked for carriage as recorded in the railway receipt produced by consignee or the endorsee. (2) The extent of shortage may, also, either be assessed, by physical counting of the packages and their contents forming the consignment, or by weighment. 6. Assessment of the value of damage or shortage. ೦೦೦೦೦೦೦೦೦೦೦ The consignee or the endorse shall produce the originals trade೦ invoice or beejuck or puttee೦ or any other documentary proof indicating the contents and value of the consignment to enable the railway servant granting open delivery to 7/13/24, 11:09 AM EEEE https://rct.indianrail.gov.in/noti_on_clm.htm 2/30 compute the shortage or damage. 7. Imported Consignments೦ ೦೦೦೦೦೦೦೦೦೦೦ With respect to imported consignments open delivery under rules 4 and 5, shall be given subject to the consignee or endorsee producing the Forwarding Agents clearance bill and if such consignments have been surveyed then, the survey report of such consignments. 8. ೦Record of open delivery೦ (1)೦The record of open delivery shall be maintained in the form specified in ೦೦೦೦೦೦Schedule I with respect to each consignment. (2) A copy of the form referred to in sub rule 1 shall be provided to the consignee or the endorse as the case may be. 9. Partial Delivery Certificate: ೦೦೦೦೦೦೦೦೦Where pa
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