Bare Act Search Results

Railway Claims Tribunal Act, 1987 Complete Act

State: Central

Year: 1987

.....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.....

Railway Claims Tribunal Act, 1987 Chapter 6

Title: Miscellaneous

State: Central

Year: 1987

.....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 this 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.....

Railway Claims Tribunal Act, 1987 Section 24

Title: Transfer of Pending Cases

State: Central

Year: 1987

.....is such that it would have been, if it had arisen after the appointed day,1[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 on2[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. ______________________ 1. Inserted by the Railways (Amdt) Act (28 of 1994), section 13. 2. Substituted for the words 'that day', by the Railways (Amdt) Act (28 of 1994), section 13.

Railway Claims Tribunal Act, 1987 Complete Act

Title: Railway Claims Tribunal Act, 1987

State: Central

Year: 1987

.....Tribunal Chapter 5 Section23 - Appeals Chapter 6 Section24 - Transfer of pending cases Section25 - Proceedings before Claims Tribunal to be judicial proceedings Section26 - Members and staff of Claims Tribunal to be public servants Section27 - Protection of action taken in good faith Section28 - Act to have overriding effect Section29 - Power to remove difficulties Section30 - Power to make rules Section30A - Power to make rules retrospectively Chapter7 - AMENDMENTS TO THE RAILWAYS ACT Section31 - Amendment of section 3 Section32 - Amendment of section 78A Section33 - Substitution of new section for section 80 Section34 - Omission of sections 82B, 82D and 82F Section35 - Amendment of section 82C Section36 - Amendment of sections 82E, 82G and 82HH Section37 - Amendment of section 82-I Section38 - Amendment of section 82J

Railway Claims Tribunal Act, 1987 Section 27

Title: Protection of Action Taken in Good Faith

State: Central

Year: 1987

No suit, prosecution or other legal proceeding shall lie against the Central Government or against the Chairman, Vice-Chairman or other Member, 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.

Railway Claims Tribunal Act, 1987 Chapter 2

Title: Establishment of Railway Claims Tribunal and Benches Thereof

State: Central

Year: 1987

.....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 9 - Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members The 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 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.....

Railway Claims Tribunal Act, 1987 Chapter 3

Title: Jurisdiction, Powers and Authority of Claims Tribunal

State: Central

Year: 1987

.....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. 1[(1A) The Claims Tribunal shall also exercise, on and from the date of commencement of the provisions of section 124A of the Railways Act, 1989 (24 of 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 thereunder.] (2) The provisions of the2[Railways Act, 1989 (24 of 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. ______________________ 1. Inserted by Railways (amdt)Act (28 of 1994), section 9 2. Substituted for the words "Railways Act", by Railways (Amdt) Act (28 of 1994), section.....

Railway Claims Tribunal Act, 1987 Section 13

Title: Jurisdiction, Powers and Authority of Claims Tribunal

State: Central

Year: 1987

.....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. 1[(1A) The Claims Tribunal shall also exercise, on and from the date of commencement of the provisions of section 124A of the Railways Act, 1989 (24 of 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 thereunder.] (2) The provisions of the2[Railways Act, 1989 (24 of 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. ______________________ 1. Inserted by Railways (amdt)Act (28 of 1994), section 9 2. Substituted for the words "Railways Act", by Railways (Amdt) Act (28 of 1994), section.....

Railway Claims Tribunal Act, 1987 Section 22

Title: Execution of Orders of Claims Tribunal

State: Central

Year: 1987

(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.

Railway Claims Tribunal Act, 1987 Section 18

Title: Procedure and Powers of Claims Tribunal

State: Central

Year: 1987

.....the Code of Civil Procedure, 1908 (5 of 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 (5 of 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 (1 of 1872), requisitioning any public record or document or copy of such record or document from.....