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 24: Transfer of pending cases.
    (1) Every suit, claim or other legal proceeding (other than an appeal) pending before any court, Claims Commissioner or other authority immediately before the appointed day, 1 [ 2 [or the date of commencement of the provisions of sub-section (1A), or, as the case may be, the date of commencement of the provisions of sub-section (1B)] of section 13], being a suit, claim or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the appointed day, 1 [or the date of commencement of the provisions of sub-section (1A), or, as the case may be, the date of commencement of the provisions of sub-section (1B)] of section 13], within the jurisdiction of the Claims Tribunal, shall stand transferred on 3 [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.
Notes:
1. Ins. by Act 28 of 1994, s. 13 (w.e.f. 1-8-1994).
2. Subs by Act 7 of 2017, s. 162 (w.e.f. 26-5-2017).
3. Subs. by Act 28 of 1994, s. 13, for "that day" (w.e.f. 1-8-1994).

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