13Jurisdiction, 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,--
(a) relating to the responsibility of the railway administrations as carriers under Chapter VII of the Railways Act in respect of claims for--
(i) compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway;
(ii) compensation payable under section 82A of the Railways Act or the rules made thereunder; and
(b) in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway.
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 (7 of 2017), the jurisdiction, powers and authority conferred on the Tribunal under Chapter VII of the Railways Act,1989 (24 of 1989).]
(2) The provisions of the 3 [Railways Act, 1989 (24 of 1989)] and the rules made thereunder shall, so far as may be, be applicable to the inquiring into or determining, any claims by the Claims Tribunal under this Act.
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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).
- 1 Short title, extent and commencement
- 2 Definitions
- 3 Establishment of Railway Claims Tribunal
- 4 Composition of Claims Tribunal and Benches thereof
- 5 Qualifications for appointment as Chairman, Vice-Chairman or other Member
- 6 Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances
- 7 Term of office
- 8 Resignation and removal
- 9 Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members
- 9A Qualifications, terms and conditions of service of Chairman, Vice-Chairman and Membe
- 10 Provision as to the holding of offices by Chairman, Vice-Chairman, etc., on ceasing to be such Chairman or Vice-Chairman, etc
- 11 Financial and administrative powers of Chairman
- 12 Staff of Claims Tribunal
- 13 Jurisdiction, powers and authority of Claims Tribunal
- 14 Distribution of business amongst Benches
- 15 Bar of jurisdiction
- 16 Application to Claims Tribunal
- 17 Limitation
- 18 Procedure and powers of Claims Tribunal
- 19 Right to legal representation and presenting officers
- 20 Power of Chairman to transfer cases from one Bench to another
- 21 Decision to be by majority
- 22 Execution of orders of Claims Tribunal
- 23 Appeals
- 24 Transfer of pending cases
- 25 Proceedings before Claims Tribunal to be judicial proceedings
- 26 Members and staff of Claims Tribunal to be public servants
- 27 Protection of action taken in good faith
- 28 Act to have overriding effect
- 29 Power to remove difficulties
- 30 Power to make rules
- 30A Power to make rules retrospectively