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 5: Qualifications for appointment as Chairman, Vice-Chairman or other Member.
    (1) A person shall not be qualified for appointment as the Chairman unless he--
         (a) is, or has been, a Judge of a High Court; or
         (b) has, for at least two years, held the office of a Vice-Chairman.
     (2) A person shall not be qualified for appointment as the Vice-Chairman unless he--
         (a) is, or has been, or is qualified to be, a Judge of a High Court; or
         (b) has been a member of the Indian Legal Service and has held a post in Grade I of that Service or any higher post for at least five years; or
         (c) has, for at least five years, held a civil judicial post carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India; or
         (d) has, for at least five years, held a post under a railway administration carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India and has adequate knowledge of rules and procedure of, and experience in, claims and commercial matters relating to railways; or
         (e) has, for a period of not less than three years, held office as a Judicial Member or a Technical Member.
     (3) A person shall not be qualified for appointment as a Judicial Member unless he--
         (a) is, or has been, or is qualified to be, a Judge of a High Court; or
         (b) has been a Member of the Indian Legal Service and has held a post in Grade I of that Service for at least three years; or
         (c) has, for at least three years, held a civil judicial post carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India.
     (4) A person shall not be qualified for appointment as a Technical Member unless he has, for at least three years, held a post under a railway administration carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India and has adequate knowledge of rules and procedure of, and experience in, claims and commercial matters relating to railways.
     (5) Subject to the provisions of sub-section (6), the Chairman, Vice-Chairman and every other Member shall be appointed by the President.
     (6) No appointment of a person as the Chairman shall be made except after consultation with the Chief Justice of India.
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