Section 85: Disposal of perishable consignments in certain circumstances

(1) Where by reason of any flood, land-slip, breach of any lines of rails, collision between trains, derailment of, or other accident to a train or any other cause, traffic on any route is interrupted and there is no likelihood of early resumption of such traffic, nor is there any other reasonable route whereby traffic of perishable consignment may be diverted to prevent, loss or deterioration of, or damage to, such consignment, the railway administration may sell them in the manner provided in clause (a) of sub-section (2) of section 83.

(2) The railway administration shall, out of the sale proceeds received under sub-section (1), retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus, if any, of such sale proceeds, shall be rendered to the person entitled thereto.

Simplified Explanation

Section 85 specifically deals with the disposal of perishable consignments in certain circumstances to prevent their loss, deterioration, or damage.

Here is a detailed explanation of Section 85, simplified and structured for better understanding by students, lawyers, advocates, and anyone interested in this law:

1. Context and Purpose

• This section addresses situations where railway traffic is interrupted due to unforeseen events such as:
  • Floods
  • Landslides
  • Breach of railway lines
  • Train collisions or derailments
  • Other accidents or causes that disrupt traffic.
• It primarily focuses on perishable consignments (e.g., fruits, vegetables, dairy products) that can deteriorate quickly if transportation is delayed.

2. Key Provisions

(1) Authority to Dispose of Perishable Goods

• If traffic on a railway route is interrupted and:
  • There is no immediate likelihood of traffic resuming, and
  • There is no alternative route available for transporting the perishable goods.
• The railway administration is empowered to sell the perishable goods to prevent their loss or deterioration.
• The sale must be conducted in accordance with clause (a) of sub-section (2) of Section 83, which ensures the sale is carried out responsibly and transparently.

(2) Handling Sale Proceeds

• Once the goods are sold, the railway administration will:
  • Deduct its dues: This includes:
    • Freight charges (transportation costs).
    • Other applicable charges.
    • Expenses incurred during the sale process.
  • Return the surplus: Any remaining amount (after deductions) will be given to the person who is entitled to it (e.g., the consignor or consignee, as per the contract).

3. Significance and Practical Implications

• Prevention of Loss: The section ensures that perishable goods are not wasted or lost due to prolonged delays.
• Protection of Interests:
  • Railway administration secures its legitimate dues.
  • The consignor or consignee still has a chance to recover some value from the goods.
• Efficient Handling: It empowers the railway administration to act swiftly and avoid further complications during disruptions.

4. Legal Considerations

• The railway administration’s actions under this section must adhere to the procedures outlined in Section 83, ensuring accountability and fairness.
• Disputes about entitlement to the surplus proceeds can be addressed through legal channels, safeguarding the interests of all parties involved.

Example Scenario

Imagine a train carrying a consignment of fresh vegetables is stranded due to a landslide blocking the railway line. The railway officials assess that the blockage will take several days to clear and there is no alternative route available to transport the goods.
In this case:

• The railway administration can sell the vegetables at a nearby market to prevent spoilage.
• They will deduct the transportation and sale-related costs from the sale proceeds.
• The remaining amount will be given to the owner of the consignment (or their authorized representative).

This section exemplifies the balance between operational efficiency and protection of stakeholders’ rights, highlighting the proactive measures the Railways can take during emergencies while ensuring accountability.