(1) A railway administration may impose conditions, not inconsistent with this Act or any rules made thereunder, with respect to the receiving, forwarding, carrying or delivering of any goods.
(2) A railway administration shall maintain, at each station and at such other places where goods are received for carriage, a copy of the conditions for the time being in force under sub-section (1) and make them available for the reference of any person during all reasonable hours without payment of any fee.
Simplified Explanation
Section 62 of the Railways Act, 1989, provides railway administrations with the authority to impose conditions related to the receiving, forwarding, carrying, or delivering of goods. These conditions must be in line with the provisions of the Act and any rules made under it. The section also ensures that these conditions are made publicly available at railway stations and other locations where goods are received for transportation, ensuring transparency.
Key Provisions:
- Imposition of Conditions (Sub-section 1):
- Railway administrations have the authority to impose conditions regarding the receiving, forwarding, carrying, and delivering of goods.
- These conditions must be consistent with the provisions of the Railways Act, 1989, and any rules made under the Act. The conditions can cover various aspects of goods transportation, including packaging requirements, liability for loss or damage, and deadlines for delivery.
- The purpose of these conditions is to ensure that goods are handled properly and that all parties (both the railway administration and the consignors) have clear guidelines and expectations regarding the transportation process.
- Public Access to Conditions (Sub-section 2):
- Every railway administration must maintain a copy of the conditions that are in force at each station and at any other place where goods are received for transportation.
- These conditions must be available for inspection by any person during reasonable hours.
- The railway administration must make these conditions available free of charge. This ensures that anyone wishing to send goods via the railway can easily access the relevant conditions and understand what is required or expected.
Application and Context:
- Ensuring Proper Handling of Goods: By allowing railway administrations to set conditions for the transportation of goods, this section ensures that goods are properly handled throughout their journey. These conditions can address important issues such as packaging, labeling, weight limits, and special handling for fragile or hazardous items.
- Transparency in Goods Transportation: The provision requiring the public display of these conditions ensures that consignors, freight forwarders, and other stakeholders are aware of the rules and requirements for shipping goods by rail. This promotes transparency and helps prevent disputes between the railway administration and its customers regarding the handling and delivery of goods.
- Legal Compliance: Any conditions set by the railway administration must be in accordance with the Railways Act, 1989, and relevant rules. This ensures that the conditions imposed do not violate any existing laws, maintaining the integrity of the legal framework governing railway operations.
Practical Examples:
- Example 1: A company wanting to ship heavy machinery via rail may need to review the conditions for receiving and carrying such large goods. The railway station will provide the relevant conditions, which may include specifications on how the machinery should be packaged or whether any special equipment is required for loading or unloading.
- Example 2: A person wishing to send goods that require refrigeration (e.g., perishable food items) may refer to the conditions at the station to understand the requirements for ensuring proper temperature control during transit.
- Example 3: If a goods shipment gets delayed or damaged, the consignor can refer to the conditions to see if the railway administration has specific liability clauses or deadlines for delivery, ensuring the rights of the consignor are upheld.
Conclusion:
Section 62 of the Railways Act, 1989, empowers railway administrations to set conditions for the receipt, forwarding, carriage, and delivery of goods, ensuring that goods are handled properly throughout their transportation. These conditions must be made publicly available at railway stations and other locations, promoting transparency and providing clear guidelines for consignors. This provision helps maintain smooth operations, reduces the risk of disputes, and protects the interests of all parties involved in the transportation of goods by rail.
