Lawgist83Lien for freight or any other sum due
(1) If the consignor, the consignee or the endorsee fails to pay on demand any freight or other charges due from him in respect of any consignment, the railway administration may detain such consignment or part thereof or, if such consignment is delivered, it may detain any other consignment of such person which is in, or thereafter comes into its possession.
(2) The railway administration may, if the consignment detained under sub-section (1) is--
(a) perishable in nature, sell at once; or
(b) not perishable in nature, sell, by public auction, such consignment or part thereof, as may be necessary to realise a sum equal to the freight or other charges:
Provided that where a railway administration for reasons to be recorded in writing is of the opinion that it is not expedient to hold the auction, such consignment or part thereof may be sold in such manner as may be prescribed.
(3) The railway administration shall give a notice of not less than seven days of the public auction under clause (b) of sub-section (2) in one or more local newspapers or where there are no such newspapers in such manner as may be prescribed.
(4) The railway administration may, out of the sale proceeds received under sub-section (2), retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus of such proceeds and the part of the consignment, if any, shall be rendered to the person entitled thereto.
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- 61 Maintenance of rate-books, etc., for carriage of goods
- 62 Conditions for receiving, etc., of goods
- 63 Provisions of risk rates
- 64 Forwarding note
- 65 Railway receipt
- 66 Power to require statement relating to the description of goods
- 67 Carriage of dangerous or offensive goods
- 68 Carriage of animals suffering from infectious or contagious diseases
- 69 Deviation of route
- 70 Prohibition of undue preference
- 71 Power to give direction in regard to carriage of certain goods
- 72 Maximum carrying capacity for wagons and trucks
- 73 Punitive charge for overloading a wagon
- 74 Passing of property in the goods covered by railway receipt
- 75 Section 74 not to affect right of stoppage in transit or claims for freight
- 76 Surrender of railway receipt
- 77 Power of railway administration to deliver goods or sale proceeds thereof in certain cases
- 78 Power to measure, weigh, etc
- 79 Weighment of consignment on request of the consignee or endorsee
- 80 Liability of railway administration for wrong delivery
- 81 Open delivery of consigrments
- 82 Partial delivery of consignments
- 83 Lien for freight or any other sum due
- 84 Unclaimed consignment
- 85 Disposal of perishable consignments in certain circumstances
- 86 Sales under sections 83 to 85 not to affect the right to suit
- 87 Power to make rules in respect of matters in this Chapter
