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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.....

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Railway Claims Tribunal Act, 1987 Chapter 4

Title: Procedure

State: Central

Year: 1987

.....sub-section (1)1[or, as the case may be, sub-section (1A)] of section 13. ______________________ 1. Inserted by Railways (Amdt)Act (28 of 1994), section 11. Section 17 - Limitation (1) The Claims Tribunal shall not admit an application for any claim-- (a) under sub-clause (i) of clause (a) of sub-section (1) of section 13 unless the application is made within three years from the date on which the goods in question were entrusted to the railway administration for carriage by railway; (b) under sub-clause (ii) of clause (a) of sub-section (1)1[or, as the case may be, sub-section (1A)] of section 13 unless the application is made within one year of occurrence of the accident; (c) under clause (b) of sub-section (1) of section 13 unless the application is made within three years from the date on which the fare or freight is paid to the railway administration: Provided that no application for any claim referred to in sub-clause (i) of clause (a) of sub-section (1) of section 13 shall be preferred to the Claims Tribunal until the expiration of three months next after the date on which the intimation of the claim has been preferred under section 78B of the Railways Act......

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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.....

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