Sections Particulars
1 Preamble
An Act to provide for establishment of a Railway Claims Tribunal for inquiring into and determining claims against a railway administration for loss, destruct...
Chapter I Preliminary
1 Short title, extent and commencement
1.     This Act may be called the Railway Claims Tribunal Act, 1987.2.     It extends to the whole of India.3.     It shall come into force on such date a...
2 Definitions
In this Act, unless the context otherwise requires,-a.     “Application” means an application made under section 16;b.    “Appointed day” means the date wi...
Chapter II Establishment of Railway Claims Tribunal and Benches Thereof
3 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 a...
4 Composition of Claims Tribunal and Benches thereof
1.     The Claims Tribunal shall consist of a Chairman, four Vice-Chairmen and such number of Judicial Members and Technical Members as the Central Governmen...
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; orb.    Has, for at leas...
6 Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances
1.     In the event of the Occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, such one of the Vice-Cha...
7 Term of office
The Chairman, Vice-Chairman or other Member shall hold office as such for a term of five years from the date on which he enters upon his office or until he at...
8 Resignation and removal
1.     The Chairman, Vice-Chairman or other Member may, by notice in writing under his hand addressed to the President, resign his office:Provided that the C...
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 Chai...
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...
11 Financial and administrative powers of Chairman
The Chairman shall exercise such financial and administrative powers over the Benches as may be vested in him under the rules:Provided that the Chairman shall...
Chapter III Jurisdiction, Powers and Authority of Claims Tribunal
12 Staff of Claims Tribunal
1.     The Central Government shall determine the nature and categories of the officers and other employees required to assist the Claims Tribunal in the dis...
13 Jurisdiction, powers and authority of Claims Tribunal
1.     The Claims Tribunal shall exercise, on and from the appointed day, all such jurisdiction, powers and authority as were exercisable immediately before ...
14 Distribution of business amongst Benches
1.     Where any Benches are constituted, the Central Government may, from time to time, by notification, make provisions as to the distribution of the busin...
15 Bar of jurisdiction
On and from the appointed day, no court or other authority shall have, or be entitled to, exercise any jurisdiction, powers or authority in relation to the ma...
Chapter IV Procedure
16 Application to Claims Tribunal
1.     A person seeking any relief in respect of the matters referred to in sub-section (1) 1[or sub-section (IA)] of section 13 may make an application to t...
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 th...
18 Procedure and powers of Claims Tribunal
1.     The Claims Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the princip...
19 Right to legal representation and presenting officers
1.     A person making an application to the Claims Tribunal may either appear in person or take the assistance of a legal practitioner of his choice to pres...
20 Power of Chairman to transfer cases from one Bench to another
On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion wi...
21 Decision to be by majority
If the Members of a Bench differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairman who ...
22 Execution of orders of Claims Tribunal
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 ...
Chapter V Appeals
23 Appeals
1.     Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in any other law, an ap...
Chapter VI Miscellaneous
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...
25 Proceedings before Claims Tribunal to be judicial proceedings
All proceedings before the Claims Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code...
26 Members and staff of Claims Tribunal to be public servants
The Chairman, Vice-Chairman and other Members and the officers and other employees of the Claims Tribunal shall be deemed to be public servants within the mea...
27 Protection of action taken in good faith
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 p...
28 Act to have overriding effect
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any ...
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...
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 fo...
Chapter VII Amendments to the Railways Act
31 Amendment of section 3
In section 3 of the Railways Act, after clause (18), the following clause shall be inserted, namely:- ‘(19) “Claims Tribunal” means the Railway Claims Tribuna...
32 Amendment of section 78A
In section 78A of the Railways Act, for the word “suit”, the words “application before the Claims Tribunal” shall be substituted....
33 Substitution of new section for section 80
For section 80 of the Railways Act, the following section shall be substituted, namely:- “80. Application for compensation.-An application to the Claims Tribun...
34 Omission of sections 82B, 82D and 82F
Sections 82B, 82D and 82F of the Railways Act shall be omitted....
35 Amendment of section 82C
In section 82C of the Railways Act,-a.     In sub-section (1), for the words ‘Claims Commissioner”, the words “Claims Tribunal” shall be substituted;b.    S...
36 Amendment of sections 82E, 82G and 82HH
In sections 82E, 82G and 82HH of the Railways Act, for the word “Claims Commissioner”, wherever they occur, the words “Claims Tribunal” shall be substituted....
37 Amendment of section 82I
In section 82-I of the Railways Act, for the words, figures and letters “sections 82A to 82HH”, the words, figures and letters “sections 82A, 82C, 82E and 82G...
38 Amendment of section 82J
In section 82J of the Railways Act,-a.     In sub-section (1), for the words, figures and letters “sections 82A to 82H inclusive”, the words, figures and let...
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