Railways Act, 1989. It consists of a Chairman who is, or has been, a
judge of the Supreme Court or of a High Court and two members one of
whom, in the opinion of the Central government, has "Special Knowledge
of commercial industrial or economic conditions of the country" and
the other a person who, in the opinion of the Central government, "has
special knowledge and experience of the commercial working of the
railways." These persons are appointed by the Central government and
hold office for such period as may be specified in the order of
appointment, but for not more than five years.
The Tribunal has the power to hear complaints against the railway
administration relating to discriminatory or unreasonable rates levied
by it, or levying any other charge which is unreasonable or in giving
undue preference to a particular person. The Tribunal can also hear
references made by the Central government in regard to classification
of any commodity, fixation of wharfage and demurrage charges, fixation
of fares levied for the carriage of luggages, parcels, heavy materials
and military traffic, and fixation of lump-sum rates. The Tribunal
acts with the aid of assessors who are selected from a panel prepared
by the Central government. This panel includes representatives of
trade, industry, agriculture and persons who have a working knowledge
of the railways. They are selected after consultation with the
interests likely to be affected by the decisions of the Tribunal.
A party before the Tribunal is entitled to be heard in person or
through an authorised agent including a lawyer. The decision of the
Tribunal is made by the majority, and is final; it can be executed by
a civil court "as if it were a decree." The Tribunal can revise its
order on an application being made by the railway administration after
one year of its order and only if it is satisfied that "since the date
of decision by the Tribunal, there has been a material change in the
circumstances."
No suit can be instituted or proceeding taken in respect of any of
the matters which the Tribunal is empowered to deal with or decide.
Since the Tribunal is presided over by a judge of the Supreme
Court or a High Court, independence and impartiality is assured. This
is the most valuable safeguard as the Tribunal has to decide disputes
between an individual and the administration.
The appeal against the order of the Tribunal lies to the Supreme
Court under Article 136 of the Constitution.
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