(1) The Tribunal may, with the previous approval of the Central Government, make regulations consistent with this Act and rules generally to regulate its procedure for the effective discharge of its functions under this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:–
1* * * * *
(b) the award of costs by the Tribunal in any proceedings before it;
(c) the reference of any question to a member or to an officer of the Tribunal or any other person appointed by the Tribunal, for report after holding a local inquiry;
(d) the right of audience before the Tribunal, provided that any party shall be entitled to be heard in person, or by a representative duly authorised in writing, or by a legal practitioner;
(e) the disposal by the Tribunal of any proceedings before it, notwithstanding that in the course thereof there has been a change in the persons sitting as members of the Tribunal;
(f) a scale of fees for and in connection with the proceedings before the Tribunal.
1. Clause (a) omitted by Act 7 of 2017, s.163 (w.e.f. 26-5-2017).
Simplified Explanation
Section 48 of the Railways Act, 1989 grants the Railway Claims Tribunal (RCT) the authority to make regulations for regulating its procedures in an effective manner. This power is exercised with the prior approval of the Central Government. The regulations made under this section must be consistent with the provisions of the Act and are aimed at ensuring the smooth and effective functioning of the Tribunal in carrying out its functions.
Detailed Explanation:
- Power to Make Regulations:
- The Railway Claims Tribunal is empowered to make regulations that govern its operations. These regulations can cover a wide range of procedural aspects necessary for the Tribunal to discharge its duties under the Act effectively.
- However, these regulations are subject to the prior approval of the Central Government, ensuring that they align with broader legal and regulatory frameworks.
- Purpose of the Regulations:
- The regulations are designed to provide clarity and structure to the Tribunal’s procedures. They help streamline the functioning of the Tribunal, making the legal processes more efficient, transparent, and accessible.
- The regulations ensure that the Tribunal’s work is in accordance with the rules of natural justice and that all parties involved in proceedings have fair and equal opportunities to present their cases.
- Matters Covered by Regulations:
- Award of Costs (Clause b): The Tribunal can establish regulations on how costs are awarded in proceedings. This could include who bears the costs of a case, how much is to be paid, and under what circumstances costs can be awarded to a party.
- Referral of Questions (Clause c): The Tribunal has the power to make regulations about referring certain matters to a member, officer, or other person for further investigation or local inquiry. This provision allows the Tribunal to get more detailed reports on specific issues before making decisions.
- Right of Audience (Clause d): Regulations can be made regarding the right of audience before the Tribunal, i.e., who is allowed to represent a party in proceedings. This could include rules about whether a party can represent themselves, appoint a legal practitioner, or be represented by someone with written authorization. This ensures that all parties have access to a fair hearing.
- Disposal of Proceedings (Clause e): The Tribunal can create regulations on how proceedings are to be disposed of, even if there is a change in members of the Tribunal during the case. This ensures that proceedings are not disrupted or invalidated due to changes in the composition of the Tribunal.
- Scale of Fees (Clause f): The Tribunal may set out a scale of fees for matters related to its proceedings. This could include fees for filing complaints, submitting evidence, or other administrative tasks. Such regulations would ensure that the fees are fair and transparent.
Why is this Section Important?
- Operational Efficiency: Section 48 provides the Tribunal with the flexibility to create its own regulations, allowing it to adapt its processes to the specific needs of the cases it handles. This ensures that the Tribunal operates in a streamlined and efficient manner.
- Legal Certainty: The regulations ensure that the Tribunal’s procedures are clearly defined, reducing ambiguity and providing certainty for parties appearing before it. This helps parties understand what is expected from them and the rules that will govern the proceedings.
- Transparency and Fairness: By allowing the Tribunal to set regulations regarding costs, fees, and rights of audience, Section 48 helps ensure that all parties are treated fairly and equally in the proceedings, adhering to principles of natural justice.
Legal and Practical Implications:
- Governance and Accountability: The requirement for Central Government approval ensures that the regulations made by the Tribunal are in line with the broader objectives of the Railways Act and do not conflict with other legal provisions. This serves as a check on the Tribunal’s regulatory powers.
- Flexibility in Procedural Matters: The Tribunal can adapt its procedures as necessary by creating regulations that suit its needs and the nature of the cases it handles. This adaptability helps the Tribunal function more effectively in a dynamic environment.
- Financial and Practical Transparency: The regulations related to fees, costs, and the referral of questions ensure that the financial aspects of the Tribunal’s functioning are transparent and reasonable, avoiding unnecessary financial burdens on the parties involved.
Conclusion:
Section 48 of the Railways Act, 1989 grants the Railway Claims Tribunal the authority to make regulations that govern its procedural matters. These regulations, once approved by the Central Government, provide the Tribunal with the flexibility to organize its functions efficiently while ensuring transparency and fairness in its proceedings. The regulation-making power allows the Tribunal to adapt to changing circumstances and effectively manage the diverse and complex issues it encounters in resolving disputes within the railway sector.
