Section 76: Surrender of railway receipt

The railway administration shall deliver the consignment under a railway receipt on the surrender of such railway receipt:

Provided that in case the railway receipt is not forthcoming, the consignment may be delivered to the person, entitled in the opinion of the railway administration to receive the goods, in such manner as may be prescribed.

Simplified Explanation

Section 76 of the Railways Act, 1989 governs the surrender of the railway receipt for the delivery of goods. This section stipulates that the railway receipt must be surrendered before the goods are handed over to the consignee or endorsee. If the receipt is unavailable, the railway administration can still deliver the consignment to the person it deems entitled, based on specific guidelines.

Key Provisions:

1. Surrender of Railway Receipt (Sub-section 1):
   • In order to take possession of the consignment, the consignee or endorsee must surrender the railway receipt to the railway administration.
   • This receipt serves as proof of ownership and entitlement to the goods. Therefore, without the surrender of the receipt, the goods will not be delivered.
2. Delivery Without Railway Receipt (Sub-section 2):
   • If the railway receipt is lost or not forthcoming, the goods may still be delivered to a person who is entitled to receive the consignment, based on the opinion of the railway administration.
   • In such cases, the railway administration can determine who the rightful recipient is and deliver the goods in accordance with prescribed procedures.

Practical Implications:

1. Surrender of Railway Receipt:
   • The railway receipt is essential for the delivery of goods. The consignee or endorsee must present this receipt to the railway administration to claim ownership of the goods.
   • Example: A consignee presents the railway receipt at the destination station to collect their consignment, and the railway administration hands over the goods.
2. Delivery Without Railway Receipt:
   • If the railway receipt is lost, damaged, or unavailable, the railway administration has the authority to deliver the goods to the rightful person based on its assessment.
   • This could include an individual who can prove their entitlement to the goods through other documents or identification methods.
   • Example: If a consignee loses their railway receipt but can provide other valid documentation or identification to prove their entitlement, the railway administration may still deliver the goods to them.
3. Prescribed Procedures:
   • The railway administration is required to follow certain prescribed procedures when delivering goods in the absence of the railway receipt. These procedures may include verifying the identity or entitlement of the person receiving the goods and ensuring that the goods are handed over to the correct party.

Conclusion:

Section 76 ensures that the railway receipt functions as the proof of entitlement to goods in transit. It establishes that:

• Goods can only be delivered upon the surrender of the railway receipt.
• In the absence of the receipt, the railway administration may still deliver the goods to the entitled person based on their judgment and adherence to prescribed procedures.

This section aims to protect the interests of both the railway administration and the consignee by regulating the delivery process while ensuring that the rightful owner of the goods receives them, even in cases where the receipt is unavailable.