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Amendments to the Railway Claims Tribunal Act, 1987 and the Railways Act 1989

Central Notification · 19893,049 characters of text

The enactment

TypeNotification
Year1989
JurisdictionCentral
MinistryMinistry of Railways
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectstransport

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

D.—AMENDMENTS TO THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 AND THE RAILWAYS ACT, 1989.

Amendment of Act 54 of 1987

162. In the Railway Claims Tribunal Act 1987,—

(a) in section 3, after the words "under this Act", the words, letters and figures "and under Chapter VII of the Railways Act,1989" (24 of 1989) shall be inserted;

(b) after section 9, the following section shall be substituted, namely:— "9A. Qualifications, terms and conditions of service of Chairperson, Vice- Chairperson and Member.— Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the Chairman, Vice-Chairman and other Members of the Tribunal appointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act:

Provided that the Chairman, Vice-Chairman and Members appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Finance Act, 2017, had not come into force.";

(c) in section 13, after sub-section (IA), the following sub-section shall be inserted, namely:— "(1B) The Claims Tribunal shall also exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, the jurisdiction, powers and authority conferred on the Tribunal under Chapter VII of the Railways Act,1989."

(24 of 1989);

(d) in section 15, for the words, brackets, figures and letter "sub-sections (1) and (1A)", the words, brackets, figures and letters "sub-sections (1), (1A) and (1B)" shall be substituted;

(e) in section 24, in sub-section (1), for the words, brackets, figure and letter "or, as the case may be, the date of commencement of the provisions of sub-section (1A)", at both the places where they occur, the words, brackets, figures and letters "or the date of commencement of the provisions of sub-section (1A), or, as the case may be, the date of commencement of the provisions of sub-section (1B)" shall be substituted.

Amendment of Act 24 of 1989

163. In the Railways Act, 1989, (27 of 1989)—

(a) in section 2, for clause (40), the following clause shall be substituted, namely:— '(40) "Tribunal" means the Tribunal referred to in section 33;';

(b) in Chapter VII, for the heading, the following heading shall be substituted, namely:— "TRIBUNAL";

(c) for section 33, the following section shall be substituted, namely:— "33. Tribunal.— The Railway Claims Tribunal established under section 3 of the Railway Claims Tribunal Act, 1987 (54 of 1987) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Tribunal for the purposes of this Act and the said Tribunal shall exercise the jurisdiction, authority and powers conferred on it by or under this Act.";

(d) sections 34 and 35 shall be omitted;

(e) in section 48, in sub-section (2), clause (a) shall be omitted.

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