Act Number: 54

Act Name: The Railway Claims Tribunal Act, 1987

Year: 1987

Enactment Date: 1987-12-23

Long Title: 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 or untoward incidents and for matters connected therewith or incidental thereto.

Ministry: Ministry of Railways

Department:

Section 2: Definitions.
    In this Act, unless the context otherwise requires,--
         (a) "application" means an application made under section 16;
         (b) "appointed day" means the date1 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 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;
         2[(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.
Notes:
1. 8th November, 1989, vide notification No. S.O. 784(E), dated 5th October, 1989, see Gazette of India, Extraordinary, Part II, sec. 3 (ii)
2. Ins. by Act 28 of 1994, s. 8 (w.e.f. 1-8-1994).
3. Clause (n) re-lettered as clause (o) thereof by s. 8, ibid. (w.e.f. 1-8-1994).
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