(1) The Central Government may, if it is satisfied that it is necessary that goods entrusted for carriage by train intended solely for the carriage of goods to any railway station should be removed without delay from such railway station, declare, by notification, such railway station to be a notified station for such period as may be specified in the notification:
Provided that before declaring any railway station to be a notified station under this sub-section, the Central Government shall have regard to all or any of the following factors, namely:–
(a) the volume of traffic and the storage space available at such railway station;
(b) the nature and quantities of goods generally booked to such railway station;
(c) the scope for causing scarcity of such goods by not removing them for long periods from such railway station and the hardship which such scarcity may cause to the community;
(d) the number of wagons likely to be held up at such railway station if goods are not removed therefrom quickly and the need for quick movement and availability of such wagons;
(e) such other factors (being relevant from the point of view of the interest of the general public) as may be prescribed:
Provided further that the period specified in any notification issued under this sub-section in respect of any railway station shall not exceed six months in the first instance, but such period may, by notification, be extended from time to time by a period not exceeding six months on each occasion.
(2) If any person entrusting any goods to a railway administration to be carried to a notified station makes an application in such form and manner as may be prescribed and specifies therein the address of the person to whom intimation by registered post of the arrival of the goods at the notified station shall be given and pays the postage charges required for giving such intimation, the railway administration shall, as soon as may be after the arrival of the goods at the notified station, send such intimation accordingly.
(3) There shall be exhibited at a conspicuous place at each notified station a statement in the prescribed form setting out the description of the goods which by reason of the fact that they have not been removed from the station within a period of seven days from the termination of transit thereof are liable to be sold, in accordance with the provision, of sub-section (1) of section 90 by public auction and the dates on which they would be so sold:
Provided that different statements may be so exhibited in respect of goods proposed to be sold on different dates.
(4) If the goods specified in any statement to be exhibited under sub-section (3) include essential commodities, the railway servant preparing the statement shall, as soon as may be after the preparation of such statement, forward a copy thereof to–
(a) the representative of the Central Government nominated by that Government in this behalf;
(b) the representative of the State Government nominated by that Government in this behalf; and
(c) the District Magistrate within the local limits of whose jurisdiction the railway station is situated.
Simplified Explanation
Section 89 of The Railways Act, 1989, grants the Central Government the power to declare certain railway stations as “notified stations.” This provision is aimed at ensuring the efficient handling and removal of goods to prevent congestion, scarcity of essential commodities, and delays in railway operations. Below is a detailed explanation:
1. Power to Declare Notified Stations
(1) Central Government’s Authority
- The Central Government can declare a railway station as a notified station through a notification if it deems necessary to ensure that goods entrusted for carriage to that station are removed without undue delay.
- This declaration is valid for a specified period, initially not exceeding six months, and can be extended in increments of six months as required.
Conditions to Be Considered Before Notification
The Central Government must consider the following factors:
- Volume of Traffic and Storage Space:
- Assess whether the station has sufficient infrastructure to handle the incoming traffic and goods.
- Nature and Quantities of Goods:
- Evaluate the types of goods typically transported to the station and their handling requirements.
- Scarcity Risks and Community Impact:
- Determine whether delays in removing goods could lead to shortages or hardships for the public.
- Wagon Availability and Efficiency:
- Analyze whether delayed removal of goods might block wagons and affect overall railway operations.
- Other Relevant Factors:
- Consider additional factors prescribed by the government that are important for public interest.
2. Notifications and Communication
(2) Intimation of Goods Arrival
- If a consignor requests, the railway administration must:
- Notify the consignee of the goods’ arrival at the notified station.
- Send the intimation by registered post, provided the consignor specifies the consignee’s address and pays the required postage charges.
- Purpose: Ensures timely communication and facilitates quick removal of goods.
3. Public Notification of Goods for Auction
(3) Display of Statements
- At each notified station, a public statement must be displayed prominently. This statement should:
- Describe the goods that have not been removed within seven days of arrival.
- Mention the dates on which these goods will be sold by public auction under Section 90.
- Purpose:
- Informs the public about unclaimed goods.
- Provides an opportunity for rightful owners to claim goods before they are auctioned.
4. Special Provisions for Essential Commodities
(4) Communication About Essential Commodities
- If the unremoved goods include essential commodities, a copy of the statement must be forwarded to:
- Central Government Representative:
- Nominated to monitor essential goods.
- State Government Representative:
- Responsible for the station’s region.
- District Magistrate:
- The local authority with jurisdiction over the railway station.
- Central Government Representative:
- Purpose: Ensures that authorities at all levels are aware of potential disruptions in the supply of essential commodities, enabling timely interventions.
5. Practical Implications
- Efficient Railway Operations: Prevents congestion and ensures that wagons and storage facilities remain available for new consignments.
- Prioritization of Essential Goods: Special provisions for essential commodities protect public interest by avoiding scarcity and ensuring smooth supply chains.
- Accountability: Public notifications and communication with government authorities create transparency and minimize disputes.
- Timely Action: Encourages quick removal of goods by consignees, reducing delays in logistics and warehousing.
6. Conclusion
Section 89 ensures that railway stations do not become bottlenecks in the transportation of goods, particularly essential commodities. By empowering the government to declare notified stations, the provision allows for tighter regulation and enhanced efficiency in railway operations, ensuring minimal impact on the public and uninterrupted goods movement.
