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GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

 

No. 94/TC-III/3/1            New Delhi dt. 12.10.94

The General Managers (CL)

All Indian Railways.

 Sub : Delegation of powers regarding settlement of time barred claims for compensation.

At present, General Managers have been delegated powers for settling time-barred compensation claims cases valued at not more than Rs.50000/- in each case after prior consultation with the FA & CAO vide this Ministry's letter No. 77/TCIII/4 dated 20.6.77.

2.    With a view to streamlining and simplifying the procedure for settlement of compensation claims on the Railways and ensuring that claims are disposed of within a reasonable time, the Ministry of Railways have decided to delegate full powers to General Managers to settle time barred compensation claims in consultation with the FA & CAO irrespective of the monetary limit.

3.    The receipt of letter may please be acknowledged.

4.    This has been vetted by the Associate Finance in the Ministry of  Railways.

                                                                                                            (Sd/)

                                                                                                ( Baldev Singh  )

                                                                            Executive Director (Public Grievances)

                                                                                                  Railway Board

No. 94 /TCIII/3/1                    New Delhi, dt. 12.10.94.

1.    Copy to Chief Auditors, All Indian Railways for information and necessary action.

2.    Copy (with 36 spares) forwarded to DAI(Railways), New Delhi for information.

3.    Copy to FA &CAO for information and necessary action(All Indian Railways)

                                                                                            Sd/-

                                                                            For Financial Commissioner/Rlys.

Copy to TC-IC, F(C) & TC(M&S)Branches of Railway Board.

 


 

 

                                                    GOVERNMENT OF INDIA

                                  MINISTRY OF RAILWAYS, RAILWAY BOARD

No. 87/TC-III/40/2                                                                Dated 18.1.93

The General Manager(Commercial)

All Indian Railways.

    Sub : Passing of remark in the Goods Delivery Book.

        Complaints continue to be received in this Ministry that Railways are not permitting to record the actual number of bags/packages received at the destination in the delivery book. Attention is invited to Board's letter of even number dt. 17.7.91 wherein it is clearly indicated that Board have withdrawn only the facility of issue ofcopy of remarks made bythe consignees indelivery book. However the facility of recording in delivery books the actual number of bags/packages received by the consignee at destination does not get affected by the said circular.

Board desire that the instructions quoted above shouldbe brought to the notice of all concerned fortheir compliance.

Please acknowledge receipt of this letter.

                                                                                                        Sd/-

                                                                                                (Baldev Singh)

                                                                                            EDPG/Railway Board


 

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

RAILWAY BOARD

 

No.84/TC.III/49/5                                New Delhi/dt.17.7.90

The General Managers,

All Indian Railways.

Sub : Utilization of Station earnings for settlement of compensation claims.

Ref/ Board's letters No.

1. 86/F(S)III/WSE/1,dt. 19.12.86 and

2. 84/TC.III/49/5, dt. 6.1.87.

 

    The Railway Ministry have been considering raising ofthe monetary limit for cash payments in respect of settlement of clams.  It has now been decided that the existing ceiling limit of Rs.5000/- may be raised to Rs.10,000/- in each case.

2.    Accordingly, para 2 of this Ministry's letter No. 86/F(S)III/WSE/1, dated 19.12.86 may be modified as under :-

    "Encashment of pay orders issued by competent authority for payment of compensation for goods

     lost damaged etc., not exceeding Rs.10,000/- in each case."

3.    This issues with the concurrence of Finance Directorate of the Ministry of Railways, Railway Board.

4.    This disposes of para 14.2 of the recorded note of discussions held in the meeting of the Chief Claims Officers and Chief Security Commissioner with  Board (MT) on 28.4.88 in Board's office and circulated vide this Ministry's letter No. 88/TC.III/75/1 dated 24.5.88.

    Please acknowledge receipt.

 

                                                                                                (Pramod Uniyal)

                                                                                    Director, Traffic Commercial(Claims)

                                                                                                Railway Board.

No. 84/TC.III/49/5                                    New Delhi/dt.17.7.90

Copy to : 1. TheFA&CAOs, All Indian Railways

                2. The Director of Audits, All Indian Railways

                3. TheADAI(Railways), with 36 spares.

                                                                                   for Financial Commissioner/Railways        

No. 84/TC.III/49/5                                    New Delhi/dt.17.7.90

Copy forwarded for information to :-

1.    The Chief Commercial Supdts./All Indian Railways.

2.    The Chief Claims Officers, All Indian Railways.

                                                                                ( Pramod Uniyal)

                                                                Director, Traffic Commercial (CL),Rly.Board

DA:nil

Copy to : F(S)III & AC-II ( with two spares),

                TC. IV and TC(M&S) Branches of Board's office.


 

 

Government of India

Ministry of Railways

Railway Board

No. 87TCIII/87/1/FC                                            New Delhi,dt.12.1.88

General Managers,

All Indian Railways.

Sub : Retrieval of goods/parcels involved in railway accidents.

    We recently had the occasion to review the procedure in respect of retrieval/accountal of materials carried by goods trains which are involved in accidents.  All the Railways were addressed to find out the procedure being followed by them in this respect.  From the replies received, it is found that no definite procedure is laid down on most of the Railways for retrieval/disposal/accountal of goods or parcels involved in train accidents.  It is considered necessary therefore to lay down the following broad guide-lines for such purpose :-

i)    After attending to casualties and rescue/relief operations, one of the commercial/transportation officials present at the site of the accident should note down complete particulars of loaded wagons/parcel vans/luggage vans involved in accident, with number of packages, nature of commodity, destination stations etc., on the basis of seal cards, consist of trains, Guard's summary, etc. This information should be communicated to the control office as well as Senior D.C.S/D.C.S.  of the Divisions without any delay, for giving further directions.

ii) Where wagons/vehicles containing consignments are fit to move or can be made to move without unloading the contents thereof, these should be despatched to the destinations by the most expeditious means.

iii) Where consignments are required to be unloaded from the vehicles involved in accidents, this should be arranged expeditiously.  Adequate arrangements should be made to provide labour for transhipment, and for postings of RPF staff to guard them till despatch.  In the case of transhipment, instructions contained in paras 976, 1581 and 1582 of the Commercial Manual should be followed.

iv) In case the consignment involved in accident cannot be salvaged, a Panchnama should be recorded by the officers/supervisors of the Traffic, Civil Engineering and Mech. Engg. Departments. If the consignment has sustained  damage due to accident, if possible, a quick assessment thereof should be made and recorded.

v) Where the consignments are of perishable nature, these may be disposed of under the provision of Section 56A of the Indian Railways Act.  Wherever possible, consignors/consignees should be advised about such disposal through Station Master of booking/destination stations.  Where the destination/booking station is nearby, an effort should be made to contact the consignors/consignees through Station Masters of booking/destination stations giving them time to take delivery either at the site of the accident or at a nearby station where such perishables have been brought.

vi) In case goods are laying away from the track but are accessible by road, arrangements for their being brought from the site to the nearest railway station or to any other mid section spot suitable for loading should be made, and from there the goods may be despatched to the proper destination.  Where it is not possible to do so, the goods may be auctioned at the site of the accident with the personal approval of Senior D.C.S./D.C.S.

vii) A complete report intimating the particulars of consignments involved, and their transhipment particulars, despatch particulars, auction particulars and other disposal particulars should be sent by the Division to :-

a) Chief Claims Officer of the Railway on which the accident has occurred; and

b) Chief Claims Officers of the Railways on which the booking and destination station lie.

    Suitable advice should also be sent to the destination station.

viii) The break down train may be equipped with adequate number of tarpaulins and empty gunny bags for protection and storage of consignments at accident sites.

2.    The above guidelines are intended to ensure that Railways made all possible efforts to salvage and retrieve the goods involved in accidents to the maximum extent possible, and  to communicate the requisite information to the concerned railway officials as well as to the consignors and consignees and to further ensure that claims for loss and damage when received are linked with such loss and damage. This will also help in expeditious disposal of claim cases.

3.    Claims for compensation  arising in accident cases as mentioned above, when settled by the claims office and referred to accounts office for internal check (pre check of post-check) should continue to be checked in terms of the provisions of paras 2413-2414 AII.

IN ADDITION, IN EACH CASE THE REPORT PRESCRIBED IN PARA 1 (VII) ABOVE SHOULD BE LINKED AND DISPOSAL PARTICULARS OF THE GOODS/PARCELS DAMAGED OR LOST INCLUDING ACCOUNTAL OF THE PROCEEDS OF AUCTION ETC. SHOULD BE VERIFIED BEFORE CERTIFYING THE CASE/ADMITTING THE CASE IN INTERNAL CHECK.

4.    These guidelines are not exhaustive.  Each Railway should take any other action considered necessary keeping in view the objectives mentioned above.

5.    Receipt of this case may please be acknowledged and these guidelines brought to the notice of all concerned.

 

                                                                                                            Sd/-

                                                                                                    (P.Uniyal)

                                                                Joint Director Traffic Comml.( Claims)

                                                                                    Railway Board

No. 87-TCIII/87/1/FC            New Delhi        Dated  12.1.1988

Copy to

CCSs/CTSSs/FA &CAOs of all Indian Railways

ED/Safety, EDF(MTP), EDA, ACII/5 spare copies

Accounts (Inspection) with 5 spare copies.

   

                                                                                                       Sd/-

                                                                                                    (P.Uniyal)

                                                                Joint Director Traffic Comml.( Claims)

                                                                                    Railway Board

                                                                                       


 

Government of India Bhart Sarakar

Ministry of Railway, Rail Mantralaya,Railway Board

No. 84-TCIII/42/8                New Delhi dated            Oct. 1984

The General Manager (Claims)

All Indian Railways.

Sub : Delay in settlement of claims.

    Representatives of the Indian Sugar Mills Association in their meeting with the Board on 22.10.84 alleged that there are inordinate delays in the settlement and payment of their claims by the railways.  They also stated that after the decision is taken in respect of their claim cases by the Claims Office , the Finance takes a long time in according their concurrence to the same and still further there are delays in the issue of the cheques in their favour.  The sum total of these delays is heavily weighing upon them particularly in the cases of their high value claims.

2.    In this connection your attention is invited to Board's letter No.58-TCIII-28/11 dated 30.9.58 reiterated under letter No. TCIII/3006/69 dated 12.2.70 in which while expressing Board's concern over the delays in the settlement of clams, time limit was prescribed for the various operators in railways accounts office as stated below :-

a)    For concurrence of cases received from the commercial branch            10 days

b)    For check by accounts of bills or pay orders in respect of sanctioned    5 days

      claims  received from the Commercial Branch and issue of cheques

c)    For despatch to payees of cheques received by the cash and pay     5 days

      department

    It had also been desired therein that railways should set up a machinery to watch that the said time limits were rightly enforced.

3.    To consider this matter, Board would like to be furnished with your comments on the Association's complaint based on the statistics of the cases of members of the Indian Sugar Mills Association settled by your office during the current year alongwith following information :

1.    Average time taken in settlement of cases by payment where accounts concurrence is not required.

2.    Average time taken in settlement of cases where accounts concurrence is required.

3.    Average time taken by the Finance in vetting and also for issuing the cheques separately.

4.    Kindly also furnish your proposals for reducing delays. Particularly, please advice whether raising of the present limit of Rs.15,000/- fixed for seeking prior financial concurrence for payment of compensation claims is desirable for this purpose and if so to what extent you think this may be raised.

5.     You are requested to send your reply early to enable matter being considered further.

 

                                                                                            ( D.R.Sharma)

                                                                          Jt. Director, Traffic Commercial (Claims)

                                                                                        Railway Board



Government of India

Ministry of Railways

(Railway Board)

No. 2002/TC-III/28/3 New Delhi, Dated 12.6.02

The General Manager,

All Zonal Railways.

OSDs, New Railway Zones.

Sub : Relief to persons involved in train accidents, untoward incidents or manned level crossing gate accidents - Ex-gratia payment to victims

Liability of the Railways for grant of ex-gratia relief to the persons involved in train accidents or untoward incidents as defined under Section 124 and 124-A of the Railways Act, 1989 or in the case of level crossing gate accidents have been advised through various policy letters issued from this directorate. It is desired that the latest consolidated instructions on this issue, reiterated below, should be made available to the concerned officers in the Divisions, besides every Commercial Controller, Divisional Safety Officer & Chief Controllers of each division on your Railway :-

1. Amount of ex-gratia for train accidents/ Authority

untoward incidents

The amount paid as ex-gratia relief payable to the

dependents of dead or injured passengers involved

in train accidents or untoward incidents as defined

under Sections 124 and 124-A should be as under :-

(i) In case of death Rs. 15,000/- Letter No. 93/TC-III/122/1/

Ex-gratia dated 26.4.1996.

(ii) In case of grievous injury Rs.5,000/- Letter No. 93/TC-III/122/1/

(irrespective of the period ex-gratia,dt. 26.4.1996.

of hospitalisation)

(iii) In case of simple injuries Rs.500/- Letter No. 93/TC-III/122/1/ex-gratia

dated 21.8.1995.

The amount paid as ex-gratia for train accidents/untoward incidents is not to be taken into account at the time of formal claims for compensation.

II Amount of ex-gratia for manned level Authority

crossing gate accidents

The amount of ex-gratia relief admissible to

road-users who meet with an accident due to

Railway's prima facie liability at manned level-

Crossing gate accidents will be as under :-

(i) In case of death Rs.6,000/- Letter No. 93/TC-III/122/1/ex-gratia dated

18.11.99.

(ii) In case of grievous injury Rs.2500/-

(iii)In case of simple injury Nil

Such payments will be counted towards the amount of compensation payable, if action is tenable against the Railways under the Law of Torts and an award in actually granted by a Court of Law.

III. Ex-gratia for trespassers, persons electrocuted by Authority

OHE and road users at unmanned level crossing

No ex-gratia payment would be admissible to the Letter No.93/TC-III/122/1/ex-gratia/

trespassers, persons electrocuted by OHE and road dated 21.8.1995.

users at unmanned level crossings.

IV. Ex-gratia payment for railway servants killed or Authority

injured by a moving train while performing their duty.

Ex-gratia payment should also be made to railway Letter No. 93/TC-III/122/1/ex-gratia/

servants killed or injured by a moving train while dated 21.8.1995.

performing their duty for example, gangman working on

track run-over accidentally by a moving train.

V. Manner of arranging ex-gratia to the victims

Authority

Payment should be sanctioned/arranged/preferable Letter No. 93/TC-III/122/1/ex-gratia

on the spot by a senior scale or higher officer dated 21.8.1995.

nominated by the General Manager after making

such enquiries as can be reasonable made on the

spot after the immediate needs by way of medical

attendance etc. to injured persons are attended to.

Receipt of letter may be acknowledged and action taken in the matter advised within 15 days.

A copy each of the letters referred to above are enclosed herewith for your ready reference.

(Rajni Hasija)

Jt.Director, Traffic Comml.-III,

Railway Board.

Note :(a) The instructions at 1(i) & (ii) above were issued with the approval of the Associate Finance of Board's Office and were reiterated vide Board's letter No. 93/TC-III/122/1/Ex-gratia dt. 14.7.97.

(b) The instructions at 1 (iii) and III to V above were issued with the approval of the Associate Finance of Board's Office and were reiterated vide Board's letter No. 93/TC-III/122/1/Ex-gratia dt. 14.7.1997.

(c) The amount of ex-gratia to be paid for manned level crossing gate accidents as contained in Board's letter No. 93/TC-III/122/1/Ex-gratia dated 21.8.95, reiterated vide Board's letter No. 93/TC-III/122/1/Ex-gratia dated 14.7.97 has been superseded vide Board's letter No. 93/TC-III/122/1/Ex-gratia dated 18.11.99 with the approval of Associate Finance of Board's Office.

Copy to:-

1. ED/PG(MR) for the kind information of MR.

2. PS/MOS(R) for thekind information ofMOS(R).

3. PPSs toCRB, FC, ML, ME, MM, MS and MT.

4. PS/Secy., Railway Board.

5. All AMs and EDs of Board's office.

6. JD/Safety,Safety-I Br., Safety (A&R) Br. Railway Board.

7. CCMs, CSCs, CCOs All Indian Railways.

8. Metro Railway, Kolkata.

9. KRCL, New Mumbai.

Government of India

Ministry of Railways

(Railway Board)

No. 93/TC-III/122/1/Ex-gratia New Delhi, dated 26.4.1996

The General Managers,

All Indian Railways

Sub : Relief to persons involved in train accidents or untoward incidents-Ex-gratia payment to victims.

Attention is invited to Board's letter of even number dated 21.8.95 prescribing interalia the rates of ex-gratia to be paid to the dependents of dead and injured bonafide passengers involved in train accidents or 'untoward incidents'.

It has now been decided that the amount of ex-gratia relief payment to the dependants of dead or injured passengers involved in train accidents or untoward incidents as defined under sections 124 and 124-A should be as under :-

i) In case of death : Rs.15000/-

ii) In case of grievous : Rs.5,000/-

injury

( irrespective of the period

of hospitalisation )

The other instructions contained in Board's letter of even number dated 21.8.1995 would remain the same.

These instructions will come into force with effect from 1.5.1996.

This has the sanction of the President.

Receipt of the letter may pl.be acknowledged.

( Sd/-)

( N.R.Sagar )

Jt.Director,Traffic Comml. (CL)

Railway Board.

No. 93/TC-III/122/1/Ex-gratia New Delhi dt. 26.1.96.

Copy to : CCMs; CCO, CSOs. All Zonal Railways for information and n/action.

( N.R.Sagar)

Jt.Director,Traffic Comml. (Claims)

Railway Board.

No. 93/TC-III/122/1/Ex-gratia New Delhi, dt. 26.4.1996

Copy forwarded to: FA & CAOs,All Zonal Railways.

DAI (Rlys.) with 36 spares.

(Sd/-)

for Financial Commissioner/Rlys.

Copy to : OSD/PR/MOS(R), PS/CRB/MT & PS/M.S.

ED(Safety),Director (PR). F(X)1, F(C)11,A/Cs II, E(LL), E(W), Safety (A&R) Branches of Railway Board.

Metro Rail, Calcutta.

Chairman, Konkan Railway Corpn., Belapur House, New Bombay-400614.

Government of India

Ministry of Railways

(RailwayBoard)

No. 93/TCIII/122/1/Ex.Gratia N.Delhi,dated 21st Aug./,95.

The General Managers,

All Indian Railways.

Sub : Relief to persons involved in train accidents or untoward incidents-Ex.gratia payments to victims,

In supersession of previous orders issued on the subject the Ministry of Railways have decided that in future the amount of ex-gratia relief payable to bonafide passengers involved in train accidents or untoward incidents as defined under sections 124 and 124-A of the Railway Act, 1989 should be as under :-

i) in case of death Rs.10,000/-

ii) in case of grievous injuries

a) involving hospitalisation upto 7 days' Rs.2000/-

b) involving hospitalisation for more than seven days, Rs.4000/- Rupees two thousand should be paid immediately after the occurrence of the accident or untoward incident. After the expiry of seven days, if any of the victims are still in the hospital, additional Rs.2000/- should be paid.

iii) in case of simple injuries, Rs.500/-

The Ministry of Railways have also decided that no ex-gratia payment would be admissible to the trespassers, persons electrocuted by OHE and road users at unmanned level crossings.

It has further been decided that the amount of ex-gratia relief admissible to road users who meet with an accident due to railway's prima facie, liability, at manned level crossings, would be as follows :-

i) in case of death - Rs.4000/-

ii) grievous injuries - Rs.1500/-

iii) simple injuries -Nil

In case of road users who are dead or injured at manned level crossings such payments will be counted towards the amount of compensation payable, if action is tenable against the Railway's under the Law of Torts and award is actually granted by a Court of Law.

Ex gratia payments should also be made to railway servants killed or injured by a moving train while performing their duty, for example, gangman working on track run over accidentally by a moving train.

Payments should be sanctioned/arranged preferably on the spot by a Senior Scale or higher officer nominated by the General Manager, after making such enquiries as can be reasonably made on the spot after the immediate needs by way of medical attendance etc. to injured persons are attended to.

These ex-gratia payments, except in the case of road users at manned level crossings, are not to be taken into account at the time of formal claims for compensation.

These orders will come into force with effect from 9.8.95.

This has the sanction of the President.

Receipt of this letter may please be acknowledged.

Hindi version will follow.

( N.R.Sagar)

Jt. Director, Traffic Commercial (Claims)

Railway Board

No. 93/TC III/122/1/Exgratia New Delhi, dated 21.8.95.

Copy to : CCMs,CCOs, CSOs-All Zonal Railways for information and n/action.

N.R.Sagar)

Jt. Director, Traffic Commercial (Claims)

Railway Board

No. 93/TC III/122/1/Exgratia New Delhi, dated 21.8.95.

Copy forwarded to FA & CAOs, All Zonal Railways.

ADAI (Rlys) with 36 spares.

for Financial Commissioner/Rlys.

Copy to :

OSD/PR/MR, PS/CRB,PS/MT & PS/MS.

ED (Safety),Director (PR), F(X)I, F(C)III, A/Cs II, E(LL), E(W),Safety (A&R) Branches of Railway Board.

Chairman & Managing Director, Konkan Railway Corpn, Ltd., Belapur Housse, New Bombay 400 614.

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD )

No. 93/TC-III/122/1/Ex.-gratia New Delhi, dated 18.11.99

The General Mangers (Claims)

All Zonal Railways.

Officers on Special Duty,

East Coast Railway, Bhubaneshwar,

East Central Railway, Hajipur

North Centrl Railway, Allahabad

North Western Railway, Jaipur

South Wstern Railway, Bangalore

West Central Railway, Jabalpur

Bilaspur Zone, Bilaspur

Sub : Ex-gratia payment to victims of manned level crossing gate accidents.

Attention is invited to Board's letter of even number dated 21.8.95 prescribing interalia, the rates of ex-gratia to be paid to the dependents of dead and injured road-users involved in manned level-crossing gate accidents.

2. It has been decided now that the amount of ex-gratia relief admissible to road-users who meet with an accident due to Railways prima facie liability at manned level-crossing gate accidents will be as under :-

i) In case of death Rs. 6000/-

ii) In case of grievous injury Rs. 2500/-

iii) In casse of simple injury Nil

3) Such payments will be counted towards theamount of compensation payable if action is tenable against the Railways under the Law of Torts and an award in actually granted by a Court of law.

This has the sanction of the President.

These orders will come into force with effect from 1.12.99.

Receipt of this letter may please be acknowledged.

(Sd/-)

( L.Venkataraman)

Jt.Director Traffic Comml(Claims)Rly.Board

No. 93/TC-III/1222/1/Ex-gratia New Delhi dated 18.11.99.

Copy to CCMs, CCOs, CSOs, All Indian Railways for information and necssary action.

(Sd/-)

( L.Venkataraman)

Jt.Director Traffic Comml(Claims)Rly.Board

No. 93/TC-III/1222/1/Ex-gratia New Delhi dated 18.11.99.

Copy forwarded to (I) FA & CAO.All Zonal Railways.

(II) DAI (Rlys) with 36 spares

Sd/-

for Financial Commissioner/Railways

Copy to (i) PS/MR/MOSR, PS/CRB, PS/MT, ED/Safety, EDPR ( F(X)-I, F(C)-III, AC-II, Safety (A&R), SAFETY-I Branches, Railway Board.

ii)Chairman, Konkan Railway Corporation Ltd. Belapur House, New Mumbai-400614.

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

( RAILWAY BOARD)

No.93/TC-III/122/1/Ex-gratia New Delhi dt. 1.7.97.

The General Managers (Claims),

All Zonal Railways

OSWD, East CoastRailway, Bhubaneshwar,

OSD, East Central Railway, Hajipur.

OSD, North Central Railway, Allahabad

OSD, North Western Railway, Jaipur

OSD, South Western Railway, Bangalore,

OSD, West Central Railway, Jabalpur.

Sub : Relief to persons involved in train accidents or untoward incidents - Ex-gratia payment to victims.

A lot of queries are being received from various quarters regarding liability of the Railways for grant of ex-gratia relief to the persons involved in train Sections 124 and 124-A of the Railways Act,1989.

In this connection your attention is invited to this Ministry's letter of even number, dated 21.8.95 and subsequent instructions dated 26.4.96, wherein decision of the Ministry indicating liability of the Railways for ex-gratia relief payable to the persons involved in train accidents, untoward incident and accident at manned level crossings was conveyed. However these instructions are reiterated for information and guidance :-

The amount of Ex-gratia relief payable to the dependants of dead or injured passengers involved in train accidents or untoward incident as defined under section 124 and 124-A should be as under :-

i) In case of death Rs.15000/-

ii) In case of grievous injury Rs. 5000/-

(irrespective of the period of hospitalisation)

iii) In case of simple injuries Rs. 500/-

It was also decided that no ex-gratia payment would be admissible to the trespassers, persons electrocuted by OHE and road users at unmanned level crossings.

The amount of ex-gratia relief admissible to road users who meet with an accident at manned level crossings would be as follows :-

i) In case of death Rs. 4000/-

ii) In case of grievous injuries Rs. 1500/-

iii) In case of simple injuries Nil

It may be ensured that ex-gratia relief to the road users for accident at manned level crossing is to be paid only when the accident has occurred due to railway's prima-facie negligence.

In case of road users who are dead or injured at manned level crossings such payment will be counted towards the amount of compensation payable if action is tenable against the railways under the law of torts and award is actually granted by a court of law.

Ex-gratia payment should also be made to railway servants killed or injured by a moving train while performing their duty for example, gangman working on track run-over accidentally by a moving train.

Payment should be sanctioned/arranged/preferably on the spot by a senior scale or higher officer nominated by the General Manager after making such enquiries as can be reasonable made on the spot after the immediate needs by way of medical attendance etc. to injured persons are attended to.

These ex-gratia payments except in the case of road users at manned level crossings are not to be taken into account at the time of formal claims for compensation.

The Board desire that these instructions should be brought to the notice of all the officers to avoid unnecessary references on the subject and receipt of this letter acknowledged.

The Hindi version will follow.

Sd/-

( U.K. Singh )

Director, Traffic Comml.(Cl),Rly.Board

No. 93/TC-III/122/1/Ex-gratia New Delhi, dated 14.7.97

Copy to :CCMs,CCOs. CSOs, All Zonal Railways for information and necessary action.

Sd/-

( U.K. Singh )

Director, Traffic Comml.(Cl),Rly.Board

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

( RAILWAY BOARD)

No.84-TCIII/72/2 New Delhi Dated 4.7.1984

The General Managers,

All Zonal Railways.

Sub: Remarks on Railway Receipts.

----*----

During meeting held in the Office of Fertilizer Association of Indian at New Delhi on 18.06.84, some of the fertilizer companies mentioned that certain railways have supplied rubber stamps to the stations which were being put on Railway Receipts indicating that loading and unloading was done by sendors and these remarks were being interpretted by the Claims Offices as qualifying the Railway Receipts and genuine claims were being repudiated on that ground.

2. In this connection your attention in invited to this Ministry's letter numbers TC-III/3137/65 dated 4.3.67 (copy enclosed) where init has clearly been indicated that such remarks have nothing to do with the railway's responsibility for safe transit of the goods. The material factor having a bearing on the liability of the railways is whether or not loading was supervised by railway staff. Where loading is not supervised by the railway staff, a remark to that effect should be made on the Railway Receipt and in the absence of such a remark the presumption would be that the loading was supervised.

3. Necessary instructions may please be issued for the guidance of the booking staff and the staff and officers dealing with claims for compensation and compliance with those instructions ensured.

4. Receipts of this letter may be acknowledge.

(D.R.SHARMA)

Jt. Director, Traffic Commercial (Claims),

Railway Board.

DA/As above.

Copy to: TC.IV Branch, Railway Board.

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

( RAILWAY BOARD)

No.TCIII/3110/74/5A New Delhi Dated August'78

The General Managers,

All Indian Railways.

Subject:- Issue of clear RR in respect of wagon load cement consignments loaded . from cement factories.

-----*-----

In the meeting with the representatives of cement manufacturers held with the Director General of supply and Disposal in his office on 26-6-1978 wherein the representatives of the Ministry of Railways was also present, it was agreed that Railways could issue clear RR for wagon load consignment of cement booked from the sidings on D.G.S.& D account provided the consignors fulfill the following conditions:-

1.) The cement factories should install electro-magnetic device to enable the railway staff at siding to count the number of bags properly enabling them to issue clear RR. These machines should be regularly subjected to proper check and kept in perfect condition to ensure correct counting.

or

2.) The cement factories may give an undertaking to the Railways that in case any shortage is found in a wagon which arrive at destination with original seals intact, they should make good the shortages of cement bags.

If there is no prima facie evidence of loss of such bags from the Railway's custody or the loss is attributed to error in counting or short loading of bags from the forwarding station, the railway would not accept liability in such cases as per law.

2. In this connection, attention is also invited to then AMT's D.O. of even number dated 11.3.77 to CCOs of all the Railways and items 13 of the Record Note of discussion of the Claims Prevention Meeting of the Board (MT) with C.C.Os of all the Zonal Railways held at Fairlie Place, Calcutta on 21.6.78 on the subject wherein facilities regarding issue of clear RRs have been emphasised to siding holders who agree to bear the cost of adequate number of tally Clerks to supervise loading in their Siding.

(R.G.Khanna)

DA/Nil. Jt.Director Traffic Comml. (Cl),

Railway Board.

Copy to Director General Supply & Disposal, Parliament Street, New Delhi with reference to his letter No. TP/Cement/Short weight/Policy dated 11-7-1978 for information.

(R.G.Khanna)

. Jt.Director Traffic Comml. (Cl),

Railway Board.

Copy of Railway Board's letter No. TCIII/2264/71 dated1st October, 1971 to the General Managers, All Indian Railways and copy to others.

Sub:- Claims for compensation-

time barred for suit.

In partial modification of para 1540-GI and Para 331-T and in supersession of orders contained in their letter No.TCIII/3264/62 dated 25.4.1964, the Railway Board have now decided to delegate full powers to the General Managers of the Indian Railways in regard to the settlement of suit barred claims with further authority to re-delegate their powers to the Chief Commercial Superintendents and Deputy Chief Commercial Superintendents. The concurrence of the Finance Adviser and Chief Accounts Officer or the Deputy Financial Advisor and Chief Accounts Officer is to be obtained in each case.

-sd-

M.S.Bhandari

Joint Director, ( Spl Duty)

Railway Board.

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

( RAILWAY BOARD)

No.97/TCIII/56/2/POL New Delhi Dated 13.10.98

The General Managers (Claims)

All Indian Railways.

CR, E, NE, NF, SR, SCR, SER, WR, NR.

Sub: Settlement of POL Claims.

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A lot of complaints are being received from Oil companies that railways are repudiating their valid claims for shortage, non-delivery etc.on flimsy and technical grounds. Their accident claims are being routinely repudiated by the railways by involving 'Act of God'.

The Board have, in the past, had occassion to remind Railways that claims should be judiciously disposed of, and no claim should be repudiated except on adequate grounds, which, if need be should be capable of being sustained in a court of law.

It is, therefore, desired that while safeguarding the interest of the Railways, the administration should not try to take advantage of purely technical pleas, such as illustrated above.

Please acknowledge receipt of letter.

(Archana Kaul)

Director Traffic Comml (Cl),

Railway Board.

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

( RAILWAY BOARD)

No.TCIII/3048/70/6 New Delhi Dated 13.7.1971

The General Managers (Claims)

All Indian Railways.

(except N.F.Rly).

Sub: Issue of cleasr Railway Receipts in respect of POL Consignment loaded

from the sidings- appointment of Commercial Staff.

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Reference Board's letter of even number dated 15.2.1971. The Oil companies have been complaining that they are not getting clear Railway Receipts for POL consignment loaded in some of their sidings. Details of sidings where clear Railway Receipts are not issued, as given by Oil companies were communicated to you under Board's letter dated 15.02.1971.

2. The general policy of the Board in this connection is that wherever Oil companies pay for the Commercial Staff for supervising loading of wagons in siding, clear Railway Receipts should be issued. The strength of the staff should be commensurate with workload.

3. At several sidings though some railway staff have been provided at the cost of the Oil Companies, they are not adequate to supervise loading of all wagons. It explains why, inspite of posting of staff at some sidings, clear Railway Receipts are still not being issued. In such cases the Zonal railways should ask the Oil companies to agree to augument the strength.

4. No rigid and uniform yardstick can be prescribed to determine the strength of staff required at all sidings. Various factors and locational peculiarities such as daily average loading, number of shifts operating, existence of loading facilities, distance between sidings, number of sumps and other working conditions will have to be taken into account to determine the optimum number of staff required for proper supervision of loading and documentation at each siding. Board, however, consider that normally 1 commercial clerk should be provided for 15 tank wagons per day of 8 hours. In applying this yardstick local working conditions, as already mentioned, should, be kept in view. The distribution of the posts of commercial Clerks in different grades should be based on the percentage prescribed by the Railway Board.

5. To ensure that there is no cause for any future complaint from the Oil companies, the Zonal railways should contact the siding holders and intimate to them what staff are required to enable the railways to issue clear railway receipts. Wherever the existing strength is not adequate, clear railway receipts should be given at least in respect of those wagons which can be supervised by the present staff.

6. Board desire that action should be taken immediately.

7. Please acknowledge receipt of this letter.

-sd-

(M.S.BHANDARI)

DEPUTY DIRECTOR, TRAFFIC COMMERCIAL (SD)

RAILWAY BOARD