Lawgist41Burden of proof, etc
In the case of any complaint under clause (a) of section 36,--
(a) whenever it is shown that a railway administration charges one trader or class of traders or the traders in any local area, lower rates for the same or similar goods or lower charges for the same or similar services than it charges to other traders in any other local area, the burden of providing that such lower rate or charge does not amount to an undue preference, shall lie on the railway administration;
(b) in deciding whether a lower rate or charge does not amount to an undue preference, the Tribunal may, in addition to any other considerations affecting the case, take into consideration whether such lower rate or charge is necessary in the interests of the public.
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- 33 Tribunal
- 34 [Omitted.]
- 35 [Omitted.]
- 36 Complaints against a railway administratio
- 37 Matters not within the jurisdiction of the Tribunal
- 38 Powers of the Tribunal
- 39 Reference to the Tribunal
- 40 Assistance by the Central Government
- 41 Burden of proof, etc
- 42 Decision, etc., of the Tribunal
- 43 Bar of jurisdiction of courts
- 44 Reliefs which the Tribunal may grant
- 45 Revision of decisions given by the Tribunal
- 46 Execution of decisions or orders of the Tribunal
- 47 Report to the Central Government
- 48 Power of the Tribunal to make regulations
