Section 92: Power to make rules in respect of matters in this Chapter

(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) the factors to which the Central Government shall have regard under clause (e) of the first proviso to sub-section (1) of section 89;

(b) the form and manner in which an application may be made under sub-section (2) of section 89;

(c) the form in which a statement is required to be exhibited under sub-section (3) of section 89;

(d) the manner in which the dates of public auctions may be notified under sub-section (1) of section 90;

(e) the manner of crediting to the railway administration the price of goods referred to in sub-clause (iii) of clause (a) of the proviso to sub-section (3) of section 90.

Simplified Explanation

This section empowers the Central Government to frame rules for implementing the provisions related to the disposal of unclaimed or unremoved goods and the management of notified stations, as outlined in the chapter. Below is a detailed explanation:

1. Rule-Making Authority

(1) Notification for Rules

• The Central Government is authorized to create rules through official notifications.
• These rules aim to effectively implement and ensure compliance with the provisions of this chapter.

(2) Scope of Rules

• The rules may specifically address certain matters while maintaining flexibility for other general requirements.

2. Particular Matters for Rule-Making

The section identifies particular areas where rules can be made:

(a) Factors for Declaring Notified Stations (Section 89(1), Clause (e))

• Rules can specify the additional factors that the Central Government must consider when declaring a railway station as a notified station.
  • For example, public interest factors, logistical concerns, and community impact.

(b) Application Form and Procedure (Section 89(2))

• The rules may define:
  • The form and manner in which an application for intimation of goods arrival at a notified station should be submitted.
  • Details like the applicant’s information and fee requirements for such applications.

(c) Statement Format for Unremoved Goods (Section 89(3))

• Rules may prescribe the form of the statement to be displayed at notified stations.
  • The statement typically lists goods liable for auction and specifies dates for the sale.

(d) Notification of Auction Dates (Section 90(1))

• The rules can establish how public auctions should be notified:
  • For example, through local newspapers or other prescribed means, ensuring adequate notice to interested parties.

(e) Crediting the Price of Goods (Section 90(3)(a)(iii))

• Rules may outline the procedure for crediting the price of goods transferred in compliance with government directions to the railway administration.
  • This may include banking processes, documentation, and indemnification against additional costs.

3. Key Features and Implications

1. Administrative Clarity:
   • Provides specific guidelines to implement the provisions related to notified stations and unclaimed goods.
2. Stakeholder Benefits:
   • Ensures transparency and fairness in auctions and the handling of unclaimed goods.
3. Legal Standardization:
   • Offers a uniform framework for operational processes, reducing ambiguity.
4. Protection of Rights:
   • Enables procedural safeguards for individuals entitled to claim proceeds or goods.

4. Conclusion

Section 92 underscores the Central Government’s role in creating a clear regulatory framework for managing the processes in this chapter. By addressing specific areas like notified stations, public auctions, and handling of sale proceeds, these rules ensure operational efficiency and protect the interests of the railway administration and the public.