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| Type | Commercial Circular |
|---|---|
| Topic | claims |
| Currency | Currency not verified |
section (4) of section 5; (m) “Vice-Chairman” means a Vice-Chairman of the Claims Tribunal as the Chairman of the Claims Tribunal, or as the chairman, vice-chairman or member of any other
1 THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 _________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT OF RAILWAY CLAIMS TRIBUNAL AND BENCHES THEREOF 3. Establishment of Railway Claims Tribunal. 4. Composition of Claims Tribunal and Benches thereof. 5. Qualifications for appointment as Chairman, Vice-Chairman or other Member. 6. Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances. 7. Term of office. 8. Resignation and removal. 9. Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members. 9A. Qualifications, terms and conditions of service of Chairman, Vice-Chairman and Member. 10. Provision as to the holding of offices by Chairman, Vice-Chairman, etc., on ceasing to be such Chairman or Vice-Chairman, etc. 11. Financial and administrative powers of Chairman. 12. Staff of Claims Tribunal. CHAPTER III JURISDICTION, POWERS AND AUTHORITY OF CLAIMS TRIBUNAL 13. Jurisdiction, powers and authority of Claims Tribunal. 14. Distribution of business amongst Benches. 15. Bar of jurisdiction. CHAPTER IV PROCEDURE 16. Application to Claims Tribunal. 17. Limitation. 18. Procedure and powers of Claims Tribunal. 19. Right to legal representation and presenting officers. 2 SECTIONS 20. Power of Chairman to transfer cases from one Bench to another. 21. Decision to be by majority. 22. Execution of orders of Claims Tribunal. CHAPTER V APPEALS 23. Appeals. CHAPTER VI MISCELLANEOUS 24. Transfer of pending cases. 25. Proceedings before Claims Tribunal to be judicial proceedings. 26. Members and staff of Claims Tribunal to be public servants. 27. Protection of action taken in good faith. 28. Act to have overriding effect. 29. Power to remove difficulties. 30. Power to make rules. 30A. Power to make rules retrospectively. Chapter VII.—Amendments to the Railways Act. [Repealed.] 3 THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 ACT NO. 54 OF 1987 [23rd December, 1987.] 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:— CHAPTER I PRELIMINARY 1. 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 date2 as the Central Government may, by notification, appoint. 2. Definitions.—In this Act, unless the context otherwise requires,— (a) “application” means an application made under section 16; (b) “appointed day” means the date3 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 (9 of 1890); (k) “rules” means rules made unde
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