Section 129 grants the Central Government the authority to make rules for the implementation of the chapter that deals with liability of railway administration for death and injury to passengers due to accidents. This includes setting the compensation amounts and defining the types of injuries for which compensation is payable.
Text of Section 129:
Section 129: Power to Make Rules in Respect of Matters in This Chapter
- Rule-Making Authority:
- The Central Government is empowered to make rules, through a notification, to carry out the purposes of the chapter related to compensation for accidents and untoward incidents involving railway passengers.
- Specific Areas for Rule-Making:
- The rules may cover, but are not limited to, the following areas:
- (a) Compensation for Death: The amount and conditions under which compensation is payable in case of death resulting from a railway accident or untoward incident.
- (b) Nature of Injuries and Compensation Amounts: The rules will specify the types of injuries (e.g., grievous, minor, etc.) for which compensation will be paid and the amounts of such compensation.
- The rules may cover, but are not limited to, the following areas:
Key Points of Section 129:
1. Rule-Making Power of the Central Government:
- The Central Government has the authority to issue rules that provide details about how compensation under this chapter will be determined, including specific amounts for different types of injuries and death.
2. Compensation for Death:
- The rules can establish how much compensation should be provided to the dependants of a deceased passenger and under what conditions it should be paid.
3. Nature of Injuries and Compensation:
- The rules will clarify what constitutes an injury that qualifies for compensation and how much should be given for different types of injuries. This ensures consistency and fairness in the compensation process.
Practical Implications:
1. Flexibility and Precision:
- The Central Government is given flexibility to determine the details of compensation, ensuring that the compensation amounts remain appropriate and fair according to changing circumstances or public policy needs.
2. Regulation and Transparency:
- By defining the types of injuries eligible for compensation and setting compensation amounts, the government can ensure transparency and standardization in the railway compensation system, preventing arbitrary decisions.
3. Ensures Fair Compensation:
- With clear rules in place regarding the nature of injuries and the corresponding compensation amounts, passengers and their dependants will know exactly what to expect in terms of compensation for different injuries or fatalities, promoting fairness.
Conclusion:
Section 129 gives the Central Government the power to issue rules for determining the compensation payable in cases of death or injury resulting from a railway accident. These rules are designed to provide clarity on the types of injuries eligible for compensation and the amount of compensation that should be awarded, ensuring fairness, transparency, and consistency in the compensation process.
