A railway administration may, on the request made by the consignee or endorsee, allow weighment of the consignment subject to such conditions and on payment of such charges as may be prescribed and the demurrage charges if any:
Provided that except in cases where a railway servant authorised in this behalf considers it necessary so to do, no weighment shall be allowed of goods booked at owners risk rate or goods which are perishable and are likely to lose weight in transit:
Provided further that no request for weighment of consignment in wagon-load or train-load shall be allowed if the weighment is not feasible due to congestion in the yard or such other circumstances as may be prescribed.
Simplified Explanation
Section 79 of the Railways Act, 1989 allows the consignee or endorsee of a consignment to request the railway administration to weigh the consignment. However, the railway administration may impose conditions and charge fees for this service, including demurrage charges if applicable.
Key Provisions:
- Request for Weighment (Sub-section 1):
- The consignee or endorsee has the right to request that the consignment be weighed by the railway administration.
- This request is subject to certain conditions and the payment of prescribed charges, including any demurrage charges if applicable.
- Exceptions for Goods on Owner’s Risk Rate or Perishable Goods (Sub-section 2):
- No weighment will be allowed for goods that are booked at the owner’s risk rate or goods that are perishable and likely to lose weight during transit, unless deemed necessary by a railway servant authorized in this regard.
- This provision ensures that goods with a high risk of deterioration (e.g., perishables) or those already at a high risk (owner’s risk goods) are not subjected to weighment, which could further compromise their quality.
- Feasibility of Weighment for Wagon-Load or Train-Load Goods (Sub-section 3):
- Weighment requests for goods booked in wagon-load or train-load quantities will not be allowed if the weighment is not feasible due to yard congestion or other prescribed circumstances.
- This ensures that operational challenges, such as congestion or logistical issues, do not hinder the smooth functioning of the railway.
Practical Implications:
- Weighment Service on Request:
- Consignees or endorsees can request the weighment of their consignments for verification or dispute resolution regarding weight. This service is available for goods that do not fall under the exceptions.
- Example: A consignee who believes that the freight charges were overestimated based on weight can request a weighment to verify the actual weight of the consignment.
- Conditions and Charges:
- The railway administration can impose fees for weighment services, which could include charges for handling and demurrage (if there are delays in handling the consignment).
- Example: If the consignment is held up due to operational delays while awaiting weighment, demurrage charges could be applied.
- Exemptions for Risk Goods or Perishables:
- The provisions exclude certain goods, such as owner’s risk goods and perishable goods, from weighment requests to protect both the consignment’s integrity and the operational efficiency of the railway.
- Example: Fresh produce or livestock may not be weighed if it is feared that the process could cause loss in weight or further deterioration of the goods.
- Operational Constraints on Wagon-Load or Train-Load Goods:
- Requests for weighment of wagon-load or train-load goods could be denied in cases where yard congestion or similar operational challenges make weighment impractical.
- Example: In peak periods when the yard is congested with freight trains, the administration may not be able to facilitate weighment of large consignments due to space limitations.
Conclusion:
Section 79 provides consignees or endorsees with the option to request weighment of consignments for verification, subject to certain conditions and charges. It also includes provisions for exemptions in the case of goods booked at the owner’s risk rate or perishable goods, as well as for wagon-load or train-load consignments where weighment is not feasible due to operational constraints. These provisions ensure that weighment is accessible while balancing practical limitations and safeguarding the condition of goods in transit.
