(1) The Central Government may, by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:–
(a) goods in respect of which no forwarding note shall be executed under proviso to sub-section (1) of section 64;
(b) dangerous and offensive goods for the purposes of sub- section (1) of section 67;
(c) infectious or contagious diseases for the purposes of section 68;
(d) rates of penalty charges under section 73;
(e) the manner in which the consignment may be delivered without a railway receipt under section 76;
(f) the manner of delivery of consignment or the sale proceeds to the person entitled thereto under section 77;
(g) the conditions subject to which and charges payable for allowing weighment and circumstances for not allowing weighment of consignment in wagon-load or train-load under section 79;
(h) the manner of giving open delivery under section 81;
(i) the form of partial delivery certificate under sub-section (2) of section 82;
(j) the manner of sale of consignment or part thereof under the proviso to sub-section (2) of section 83;
(k) the manner in which a notice under sub-section (3) of section 83 may be given; (l) generally, for regulating the carriage of goods by the railways.
(3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to one hundred and fifty rupees.
(4) Every railway administration shall keep at each station a copy of the rules for the time being in force under this section, and shall allow any person to refer to it free of charge.
Simplified Explanation
Section 87 of The Railways Act, 1989, grants the Central Government the authority to create rules to effectively implement the provisions outlined in this chapter of the Act, which deals with the carriage of goods by railways. This section is important because it ensures uniformity, clarity, and detailed guidelines for operational aspects related to the transportation of goods. Here’s a detailed explanation:
1. Overview of Rule-Making Powers
(1) General Authority
- The Central Government has the power to issue notifications to establish rules that support the objectives of this chapter.
- This ensures flexibility in addressing specific concerns or operational requirements that may not be explicitly detailed in the Act.
(2) Specific Areas for Rule-Making
- The section provides a non-exhaustive list of matters for which rules may be formulated. These include:
2. Specific Matters for Rules
(a) Exemption from Forwarding Note (Section 64)
- Rules can specify types of goods exempted from requiring a forwarding note (a document declaring the nature of goods to be transported).
- Purpose: Simplify procedures for certain goods.
(b) Dangerous and Offensive Goods (Section 67)
- Rules define what constitutes dangerous or offensive goods and lay down conditions for their transport.
- Purpose: Enhance safety during transportation.
(c) Infectious or Contagious Diseases (Section 68)
- Rules identify diseases that necessitate special precautions when transporting goods related to infected persons.
- Purpose: Prevent health risks during goods carriage.
(d) Penalty Charges (Section 73)
- Rules specify rates of penalty charges for mis-declaration, improper packing, or other violations.
- Purpose: Standardize penalties for non-compliance.
(e) Delivery Without Railway Receipt (Section 76)
- Rules detail how consignments can be delivered in the absence of a railway receipt (a critical document proving shipment).
- Purpose: Resolve disputes and ensure accountability.
(f) Delivery of Consignment or Sale Proceeds (Section 77)
- Rules govern how the consignment or its sale proceeds are handed over to the entitled person.
- Purpose: Protect rightful claimants.
(g) Conditions and Charges for Weighment (Section 79)
- Rules specify conditions under which:
- Weighment of consignments (to verify weight) is allowed or denied.
- Charges for weighment are determined.
- Purpose: Maintain accuracy in billing and avoid disputes.
(h) Open Delivery (Section 81)
- Rules establish the process for delivering consignments with apparent damages or discrepancies.
- Purpose: Minimize conflicts over damaged goods.
(i) Partial Delivery Certificate (Section 82)
- Rules prescribe the form and format of a certificate for partial delivery of consignments.
- Purpose: Provide formal acknowledgment for incomplete deliveries.
(j) Sale of Consignment (Section 83)
- Rules specify how consignments are to be sold when:
- Goods are unclaimed, deteriorating, or otherwise require disposal.
- Purpose: Ensure transparency and accountability.
(k) Notice for Sale (Section 83)
- Rules define how notices of sale are issued to interested parties.
- Purpose: Notify and involve stakeholders in advance.
(l) General Regulation of Goods Carriage
- Rules can cover any other matter necessary for the effective regulation of goods transportation.
- Purpose: Address unforeseen or miscellaneous issues.
3. Enforcement and Penalties
(3) Contraventions
- Violating any rules made under this section is punishable by a fine of up to ₹150.
- Though the penalty seems minimal, it acts as a deterrent for routine non-compliance.
4. Access to Rules
(4) Availability at Stations
- Every railway station must:
- Keep a copy of these rules.
- Allow free access for anyone to refer to them.
- Purpose: Promote transparency and educate stakeholders (passengers, consignors, consignees).
5. Practical Implications
- Clarity and Uniformity: Rules provide detailed procedures for handling goods, ensuring consistency across the railway network.
- Stakeholder Awareness: Easy access to rules allows stakeholders to understand their rights and responsibilities.
- Safety and Accountability: Regulations for dangerous goods, penalties, and delivery procedures enhance safety and minimize disputes.
Conclusion
Section 87 empowers the Central Government to create rules that ensure efficient, safe, and transparent handling of goods transported by railways. By addressing specific operational and legal matters, these rules protect the interests of all stakeholders while maintaining the railway system’s integrity and reliability.
