THE RAILWAY CLAIMS TRIBUNAL ACT, 1987

1987 · State unknown · central · act_text

Sections (54)

1 · Short title, extent and commencement.—(1) This Act may be called the Railway Claims Tribunal Act, 1987.

2 · Definitions . — In this Act, unless the context otherwise requires,—

1 · Ins. by Act 28 of 1994, s. 7 (w.e.f. 1-8-1994).

2 · 8th November, 1989, vide notification No. S.O. 783(E), dated 5th October, 1989, see Gazette of India, Extraordinary, Part II, sec, 3(ii).

1 · [(n) " untoward incident " shall have the meaning assigned to it in clause (c) of section 123 of the Railways Act, 1989;]

2 · [(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.

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 and authority conferred on it by or under this Act 3 [and under Chapter VII of the Railways Act, 1989 (24 of 1989)] .

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 Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Claims Tribunal may be exercised by Benches thereof.

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—

1 · Ins. by Act 28 of 1994, s. 8 (w.e.f. 1-8-1994).

2 · Clause (n) re-lettered as clause (o) thereof by s. 8, ibid . (w.e.f. 1-8-1994).

3 · Ins. by Act 7 of 2017, s. 162 (w.e.f. 26-5-2017).

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-Chairman as the Central Government may, by notification, authorise in this behalf, shall act as the Chairman until the date on which a new Chairman, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.

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 attains,—

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:

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 Chairman, Vice -Chairman and other Members shall be such as may be prescribed:

1 · [9A. Qualifications , terms and conditions of service of Chairman, Vice-Chairman and Member . —N —Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the Chairman, Vice -Chairman and other Members of the Tribunal appointed after the commencement of 2 [the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act]:

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—

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:

1 · Ins. by Act 7 of 2017, s. 162 (w.e.f. 26-5-2017) .

2 · Subs. by Act 33 of 2021, s. 16, for "Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act" (w.e.f. 4-4-2021).

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 discharge of its functions and provide the Claims Tribunal with such officers and other employees as it may think fit.

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 that day by any civil court or a Claims Commissioner appointed under the provisions of the Railways Act,—

1 · [(1A) The Claims Tribunal shall also exercise, on and from the date of commencement of the provisions of section 124A of the Railways Act, 1989 (24 of 1989), all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court in respect of claims for compensation now payable by the railway administration under section 124A of the said Act or the rules made thereunder.];

2 · [(1B) The Claims Tribunal shall also exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, the jurisdiction, powers and authority conferred on the Tribunal under Chapter VII of the Railways Act, 1989.]

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 business of the Claims Tribunal amongst the Benches and specify the matters which may be dealt with by each Bench.

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 matters referred to in 4 [sub-sections (1) , (1A) and (1B)] of section 13.

16 · Application to Claims Tribunal.—(1) A person seeking any relief in respect of the matters referred to in sub -section (1) 5 [or sub-section (1A)] of section 13 may make an application to the Claims Tribunal.

1 · Ins. by Act 28 of 1994, s. 9 (w.e.f. 1-8-1994).

2 · Ins. by Act 7 of 2017, s. 162 (w.e.f. 26-5-2017).

3 · Subs. by Act 28 of 1994, s. 9, for “Railways Act” (w.e.f 1-8-1994).

4 · Subs. by Act 7 of 2017, s. 162, for "sub-sections (1) and (1A)" (w.e.f. 26-5-2017) .

5 · Ins. by Act 28 of 1994, s. 11 (w.e.f. 1-8-1994).

17 · Limitation. — (1) The Claims Tribunal shall not admit an application for any claim—

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 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.

1 · Ins. by Act 28 of 1994, s.11 (w.e.f. 1-8-1994).

2 · Ins. by s. 12, ibid. (w.e.f. 1-8-1994).

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 present his case before the Claims Tribunal.

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 without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench.

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 shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case, including those who first heard it.

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 Claims Tribunal shall have all the powers of a civil court.

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 appeal shall lie from every order, not being an interlocutory order, of the Claims Tribunal, to the High Court having jurisdiction over the place where the Bench is located.

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 [ 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] 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 .

1 · Ins. by Act 28 of 1994, s. 13 (w.e.f. 1-8-1994).

2 · Subs. by Act 7 of 2017, s. 162, for "or, as the case may be, the date of commencement of the provisions of sub-section (1A)" (w.e.f. 26-5-2017) .

3 · Subs. by Act 28 of 1994, s. 13, for “that day” (w.e.f. 1-8-1994).

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 (45 of 1860).

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 meaning of section 21 of the Indian Penal Code (45 of 1860).

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 person authorised by the Chairman, Vice-Chairman or other Member for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

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 instrument having effect by virtue of any law other than this Act.

29 · Power to remove difficulties. — (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

30 · Power to make rules. — (1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

1 · [30A . Power to make rules retrospectively.—The power to make rules under clause (b) of sub -section (2) of section 30 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]

1 · Ins. by Act 4 of 1999, s. 2 (w.e.f. 2-1-1999).

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