THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 
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ARRANGEMENT OF SECTIONS 

Last updated: 20-9-2021 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

ESTABLISHMENT OF RAILWAY CLAIMS TRIBUNAL AND BENCHES THEREOF 

CHAPTER II 

3. Establishment of Railway Claims Tribunal. 

4. Composition of Claims Tribunal and Benches thereof. 

5. Qualifications for appointment as Chairman, Vice-Chairman or other Member. 

6. Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances. 

7. Term of office. 

8. Resignation and removal. 

9. Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman 

and other Members. 

9A. Qualifications terms and conditions of service of Chairman, Vice-Chairman and Member. 

10.  Provision  as  to  the  holding  of  offices  by  Chairman,  Vice-Chairman,  etc.,  on  ceasing  to  be 

such Chairman or Vice-Chairman, etc. 

11. Financial and administrative powers of Chairman. 

12. Staff of Claims Tribunal. 

CHAPTER III 
JURISDICTION, POWERS AND AUTHORITY OF CLAIMS TRIBUNAL 

13. Jurisdiction, powers and authority of Claims Tribunal. 
14. Distribution of business amongst Benches. 
15. Bar of jurisdiction. 

CHAPTER IV 
PROCEDURE 

16. Application to Claims Tribunal. 
17. Limitation. 
18. Procedure and powers of Claims Tribunal. 

19. Right to legal representation and presenting officers. 

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SECTIONS 

20. Power of Chairman to transfer cases from one Bench to another. 

21. Decision to be by majority. 

22. Execution of orders of Claims Tribunal. 

23. Appeals. 

CHAPTER V 

APPEALS 

CHAPTER VI 

MISCELLANEOUS 

24. Transfer of pending cases. 

25. Proceedings before Claims Tribunal to be judicial proceedings. 

26. Members and staff of Claims Tribunal to be public servants. 

27. Protection of action taken in good faith. 

28. Act to have overriding effect. 

29. Power to remove difficulties. 

30. Power to make rules. 

Chapter VII.—Amendments to the Railways Act. [Repealed.] 

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THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 

ACT NO. 54 OF 1987 

 [23rd December, 1987.]  

An  Act  to  provide  for  the  establishment  of  a  Railway  Claims  Tribunal  for  inquiring  into  and 
determining  claims  against  a  railway  administration  for  loss,  destruction,  damage, 
deterioration or non-delivery of animals or goods entrusted to it to be carried by railway or 
for  the  refund  of  fares  or  freight  or  for  compensation  for  death  or  injury  to  passengers 
occurring as a result of railway accidents 1[or untoward incidents] and for matters connected 
therewith or incidental thereto. 

BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:—  

CHAPTER I 
PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Railway  Claims 

Tribunal Act, 1987. 

(2) It extends to the whole of India. 

(3) It shall come into force on such date2 as the Central Government may, by notification, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “application” means an application made under section 16; 

(b)  “appointed  day”  means  the  date  with  effect  from  which  the  Claims  Tribunal  is  established 

under section 3; 

(c) “Bench” means a Bench of the Claims Tribunal; 

(d) “Chairman” means the Chairman of the Claims Tribunal; 

(e) “Claims Tribunal” means the Railway Claims Tribunal established under section 3; 

(f) “Judicial Member” means a Member of the Claims Tribunal appointed as such under this Act, 
and  includes  the  Chairman  or  Vice-Chairman  who  possesses  any  of  the  qualifications  specified  in 
sub-section (3) of section 5; 

(g)  “Member”  means  a  Member  (whether  Judicial  or  Technical)  of  the  Claims  Tribunal,  and 

includes the Chairman and Vice-Chairman; 

(h) “notification” means a notification published in the Official Gazette; 

(i) “prescribed” means prescribed by rules; 

(j) “Railways Act” means the Indian Railways Act, 1890 (9 of 1890); 

(k) “rules” means rules made under this Act; 

(l) “Technical Member” means a Member of the Claims Tribunal who is not a Judicial Member, 
and includes the Chairman or a Vice-Chairman who possesses any of the qualifications specified in 
sub-section (4) of section 5; 

(m) “Vice-Chairman” means a Vice-Chairman of the Claims Tribunal. 

Explanation.—References  to  the  Vice-Chairman  in  this  Act  shall  be  construed  as  references  to 

each of the Vice-Chairman; 

1. Ins. by Act 28 of 1994, s. 7 (w.e.f. 1-8-1994). 
2. 8th November, 1989, vide notification No. S.O. 783(E), dated 5th October, 1989, see Gazette of India, Extraordinary, Part II, 

sec, 3(ii).  

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1[(n) “untoward incident” shall have the meaning assigned to it in clause (c) of section 123 of the 

Railways Act, 1989;] 

2[(o)] words and expressions used and not defined in this Act but defined in the Railways Act or 
the rules made thereunder shall have the  meanings respectively assigned to them in that Act or the 
said rules. 

CHAPTER II 

ESTABLISHMENT OF RAILWAY CLAIMS TRIBUNAL AND BENCHES THEREOF 

3.  Establishment  of  Railway  Claims  Tribunal.—The  Central  Government  shall,  by  notification, 
establish  a  Claims  Tribunal,  to  be  known  as  the  Railway  Claims  Tribunal,  to  exercise  the  jurisdiction, 
powers and authority conferred on it by or under this Act  3[and under Chapter VII of the Railways Act, 
1989 (24 of 1989)]. 

4. Composition of Claims Tribunal and Benches thereof.—(1) The Claims Tribunal shall consist 
of a Chairman, four Vice-Chairmen and such number of Judicial Members and Technical Members as the 
Central Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers 
and authority of the Claims Tribunal may be exercised by Benches thereof. 

(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one 

Technical Member. 

(3) Notwithstanding anything contained in sub-section (1), the Chairman— 

(a) may, in addition to discharging the functions of the Judicial Member or the Technical Member 
of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case 
may be, the Technical Member, of any other Bench; 

(b) may transfer a Vice-Chairman or other Member from one Bench to another Bench; 

(c) may authorise the Vice-Chairman or the Judicial Member or the Technical Member appointed 
to one Bench to discharge also the functions of the Vice-Chairman or, as the case may be, the Judicial 
Member or the Technical Member of another Bench. 

(4)  Notwithstanding  anything  contained  in  the  foregoing  provisions  of  this  section,  it  shall  be 
competent for the Chairman or any other Member authorised by the Chairman in this behalf to function as 
a Bench consisting of a single Member and exercise the jurisdiction, powers and authority of the Claims 
Tribunal  in  respect  of  such  classes  of  cases  or  such  matters  pertaining  to  such  classes  of  cases  as  the 
Chairman may, by general or special order, specify: 

Provided that if at any stage of the hearing of any such case or matter, it appears to the Chairman or 
such Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of 
two Members, the case or matter may be transferred by the Chairman or, as the case may be, referred to 
him for transfer, to such Bench as the Chairman may deem fit. 

(5)  Subject  to  the  other  provisions  of  this  Act,  the  Benches  shall  sit  at  such  places  as  the  Central 

Government may, by notification, specify. 

5.  Qualifications  for  appointment  as  Chairman,  Vice-Chairman  or  other  Member.—(1)  A 

person shall not be qualified for appointment as the Chairman unless he— 

(a) is, or has been, a Judge of a High Court; or 

(b) has, for at least two years, held the office of a Vice-Chairman. 

(2) A person shall not be qualified for appointment as the Vice-Chairman unless he— 

(a) is, or has been, or is qualified to be, a Judge of a High Court; or 

1. Ins. by Act 28 of 1994, s. 8 (w.e.f. 1-8-1994). 
2. Clause (n) re-lettered as clause (o)  thereof by s. 8, ibid. (w.e.f. 1-8-1994). 
3. Ins. by Act 7 of 2017, s. 162 (w.e.f. 26-5-2017). 

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(b) has been a member of the Indian Legal Service and has held a post in Grade I of that Service 

or any higher post for at least five years; or 

(c) has, for at least five years, held a civil judicial post carrying a scale of pay which is not less 

than that of a Joint Secretary to the Government of India; or 

(d) has, for at least five years, held a post under a railway administration carrying a scale of pay 
which  is  not  less  than  that  of  a  Joint  Secretary  to  the  Government  of  India  and  has  adequate 
knowledge of rules and procedure of, and experience in, claims and commercial matters relating to 
railways; or 

(e) has, for a period of not less than three years, held office as a Judicial Member or a Technical 

Member. 

(3) A person shall not be qualified for appointment as a Judicial Member unless he— 

(a) is, or has been, or is qualified to be, a Judge of a High Court; or 

(b) has been a Member of the Indian Legal Service and has held a post in Grade I of that Service 

for at least three years; or 

(c) has, for at least three years, held a civil judicial post carrying a scale of pay which is not less 

than that of a Joint Secretary to the Government of India. 

(4) A person shall not be qualified for appointment as a Technical Member unless he has, for at least 
three years, held a post under a railway administration carrying a scale of pay which is not less than that 
of a Joint Secretary to the Government of India and has adequate knowledge of rules and procedure of, 
and experience in, claims and commercial matters relating to railways. 

(5)  Subject  to  the  provisions  of  sub-section  (6),  the  Chairman,  Vice-Chairman  and  every  other 

Member shall be appointed by the President. 

(6)  No  appointment  of  a  person  as  the  Chairman  shall  be  made  except  after  consultation  with  the 

Chief Justice of India. 

6. Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances.—(1) In 
the  event  of  the  occurrence  of  any  vacancy  in  the  office  of  the  Chairman  by  reason  of  his  death, 
resignation or otherwise, such one of the Vice-Chairman as the Central Government may, by notification, 
authorise in this behalf, shall act as the Chairman until the date on which a new Chairman, appointed in 
accordance with the provisions of this Act to fill such vacancy, enters upon his office. 

(2)  When the  Chairman  is  unable  to  discharge  his  functions  owing  to  absence, illness  or  any  other 
cause, such one of the Vice-Chairmen as the Central Government may, by notification, authorise in this 
behalf, shall discharge the functions of the Chairman until the date on which the Chairman resumes his 
duties. 

7. Term of office.—The Chairman, Vice-Chairman or other Member shall hold office as such for a 

term of five years from the date on which he enters upon his office or until he attains,— 

(a) in the case of the Chairman, the age of sixty-five years; and 

(b) in the case of the Vice-Chairman or any other Member, the age of sixty-two years, 

whichever is earlier. 

8. Resignation and removal.—(1) The Chairman, Vice-Chairman or other Member may, by notice 

in writing under his hand addressed to the President, resign his office: 

Provided  that  the  Chairman,  Vice-Chairman  or  other  Member  shall,  unless  he  is  permitted  by  the 
President to relinquish his office sooner, continue to hold office until the expiry of three months from the 
date of receipt of such notice or until a person duly appointed as his successor enters upon his office or 
until the expiry of his term of office, whichever is the earliest. 

(2) The Chairman, Vice-Chairman or any other Member shall not be removed from his office except 
by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry 

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made by a Judge of the Supreme Court in which such Chairman, Vice-Chairman or other Member had 
been informed of the charges against him and given a reasonable opportunity of being heard in respect of 
those charges. 

(3)  The  Central  Government  may,  by  rules,  regulate  the  procedure  for  the  investigation  of 

misbehaviour  or  incapacity  of  the  Chairman,  Vice-Chairman  or  other  Member  referred  to  in                 
sub-section (2). 

9.  Salaries  and  allowances  and  other  terms  and  conditions  of  service  of  Chairman,               

Vice-Chairman and other Members.—The salaries and allowances payable to, and the other terms and 
conditions  of  service  (including  pension,  gratuity  and  other  retirement  benefits)  of,  the  Chairman,                    
Vice-Chairman and other Members shall be such as may be prescribed: 

Provided that neither the salary and allowances nor the other terms and conditions of service of the 

Chairman, Vice-Chairman or other Members shall be varied to his disadvantage after his appointment. 

1[9A.  Qualifications,  terms  and  conditions  of  service  of  Chairman,  Vice-Chairman  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 2[the 
Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said 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.] 

10.  Provision  as  to  the  holding  of  offices  by  Chairman,  Vice-Chairman,  etc.,  on  ceasing  to  be 

such Chairman or Vice-Chairman, etc.—On ceasing to hold office— 

(a) the Chairman of the Claims Tribunal shall be ineligible for further employment either under 

the Government of India or under the Government of a State; 

(b) a Vice-Chairman shall, subject to the other provisions of this Act, be eligible for appointment 
as the Chairman of the Claims Tribunal, or as the chairman, vice-chairman or member of any other 
Tribunal  established  under  any  law  for  the  time  being  in  force,  but  not  for  any  other  employment 
either under the Government of India or under the Government of a State; 

(c) a Member (other than the Chairman or Vice-Chairman) shall, subject to the other provisions 
of  this  Act,  be  eligible  for  appointment  as  the  Chairman  or  Vice-Chairman  or  as  the  chairman,     
vice-chairman or member of any other Tribunal established under any law for the time being in force, 
but not for any other employment either under the Government of India or under the Government of a 
State; 

(d)  the  Chairman,  Vice-Chairman  or  other  Member  shall  not  appear,  act  or  plead  before  the 

Claims Tribunal. 

Explanation.—For the purposes of this section, employment under the Government of India or under 
the Government of a State includes employment under any local or other authority within the territory of 
India  or  under  the  control  of  the  Government  of  India  or  under  any  corporation  or  society  owned  or 
controlled by the Government. 

11.  Financial  and  administrative  powers  of  Chairman.—The  Chairman  shall  exercise  such 

financial and administrative powers over the Benches as may be vested in him under the rules: 

Provided that the Chairman shall have authority to delegate such of his financial and administrative 
powers as he may think fit to the Vice-Chairman or any other officer of the Claims Tribunal, subject to 

1. Ins. by Act 7 of 2017, s. 162 (w.e.f. 26-5-2017). 
2. Subs. by Act 33 of 2021, s. 16, for “Part XIV of Chapter VI of the Finance Act, 2017, shall be governed  by the provisions of 

section 184 of that Act” (w.e.f. 4-4-2021). 

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the  condition  that  the  Vice-Chairman  or  such  officer  shall,  while  exercising  such  delegated  powers, 
continue to act under the direction, control and supervision of the Chairman. 

12. Staff of Claims Tribunal.—(1) The Central Government shall determine the nature and categories of 
the officers and other  employees  required to  assist  the Claims Tribunal  in  the discharge of  its functions and 
provide the Claims Tribunal with such officers and other employees as it may think fit. 

(2)  The  officers  and  other  employees  of  the  Claims  Tribunal  shall  discharge  their  functions  under  the 

general superintendence of the Chairman. 

(3)  The  salaries  and  allowances  and  conditions  of  service  of  the  officers  and  other  employees  of  the 

Claims Tribunal shall be such as may be prescribed. 

CHAPTER III 
JURISDICTION, POWERS AND AUTHORITY OF CLAIMS TRIBUNAL 

13.  Jurisdiction, powers  and  authority  of Claims Tribunal.—(1) The Claims Tribunal  shall  exercise, 
on and from the appointed day, all such jurisdiction, powers and  authority    as were exercisable immediately 
before that day by any civil court or a Claims Commissioner appointed under the provisions of the Railways 
Act,— 

 (a)  relating  to  the  responsibility  of  the  railway  administrations  as  carriers under  Chapter  VII  of  the 

Railways Act in respect of claims for— 

(i) compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods 

entrusted to a railway administration for carriage by railway; 

(ii) compensation payable under section 82A of the Railways Act or the rules made thereunder; 

and 
(b)  in  respect  of  the  claims  for  refund  of  fares  or  part  thereof  or  for  refund  of  any  freight  paid  in 

respect of animals or goods entrusted to a railway administration to be carried by railway. 
1[(1A) The Claims Tribunal shall also exercise, on and from the date of commencement of the provisions 
of section 124A of the Railways Act, 1989 (24 of 1989), all such jurisdiction, powers and authority as were 
exercisable immediately before that date by any civil court in respect of claims for compensation now payable 
by the railway administration under section 124A of the said Act or the rules made thereunder.]; 

2[(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.] 

(2) The provisions of the 3[Railways Act, 1989 (24 of 1989)] and the rules made thereunder shall, so far as 

may be, be applicable to the inquiring into or determining, any claims by the Claims Tribunal under this Act. 

14.  Distribution  of  business  amongst  Benches.—(1)  Where  any  Benches  are  constituted,  the  Central 
Government may, from time to time, by notification, make provisions as to the distribution of the business of 
the Claims Tribunal amongst the Benches and specify the matters which may be dealt with by each Bench. 

(2) If any question arises as to whether any matter falls within the purview of the business allocated to a 

Bench, the decision of the Chairman shall be final. 

Explanation.—For the removal of doubts, it is hereby declared that the expression “matters” includes an 

application under section 20. 

15.  Bar of  jurisdiction.—On  and  from  the  appointed  day,  no  court  or  other  authority  shall  have,  or  be 
entitled  to,  exercise  any  jurisdiction,  powers  or  authority  in  relation  to  the  matters  referred  to  in  
4[sub-sections (1), (1A) and (1B)] of section 13. 

CHAPTER IV 

PROCEDURE 

16.  Application  to  Claims  Tribunal.—(1)  A  person  seeking  any  relief  in  respect  of  the  matters 
referred to in sub-section (1) 5[or sub-section (1A)] of section 13 may make an application to the Claims 
Tribunal. 

1. Ins. by Act 28 of 1994, s. 9 (w.e.f. 1-8-1994).  
2. Ins. by Act 7 of 2017, s. 162 (w.e.f. 26-5-2017). 
3. Subs. by Act 28 of 1994, s. 9, for “Railways Act” (w.e.f 1-8-1994). 
4. Subs. by Act 7 of 2017, s. 162, for “sub-sections (1) and (1A)” (w.e.f. 26-5-2017). 
5. Ins. by Act 28 of 1994, s. 11 (w.e.f. 1-8-1994). 

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(2)  Every  application  under  sub-section  (1)  shall  be  in  such  form  and  be  accompanied  by  such 
documents or other evidence and by such fee in respect of the filing of such application and by such other 
fees for the service or execution of processes as may be prescribed: 

Provided  that  no  such  fee  shall  be  payable  in  respect  of  an  application  under  sub-clause  (ii)  of                  

clause (a) of sub-section (1) 1[or, as the case may be, sub-section (1A)] of section 13. 

17. Limitation.—(1) The Claims Tribunal shall not admit an application for any claim— 

(a)  under  sub-clause  (i)  of  clause  (a)  of  sub-section  (1)  of  section  13  unless  the  application  is 
made within three years from the date on which the goods in question were entrusted to the railway 
administration for carriage by railway; 

(b)  under  sub-clause  (ii)  of  clause  (a)  of  sub-section  (1)  2[or,  as  the  case  may  be,                       

sub-section (1A)] of section 13 unless the application is made within one year of occurrence of the 
accident; 

(c) under clause (b) of sub-section (1) of section 13 unless the application is made within three 

years from the date on which the fare or freight is paid to the railway administration: 

Provided that no application for any claim referred to in sub-clause (i) of clause (a) of sub-section (1) 
of section 13 shall be preferred to the Claims Tribunal until the expiration of three months next after the 
date on which the intimation of the claim has been preferred under section 78B of the Railways Act. 

(2) Notwithstanding anything contained in sub-section (1), an application may be entertained after the 
period  specified  in  sub-section  (1)  if  the  applicant  satisfies  the  Claims  Tribunal  that  he  had  sufficient 
cause for not making the application within such period. 

18. Procedure and powers of Claims Tribunal.—(1) The Claims Tribunal shall not be bound by the 
procedure  laid  down  by  the  Code  of  Civil  Procedure,  1908  (5  of  1908),  but  shall  be  guided  by  the 
principles of natural justice and, subject to the other provisions of this Act and of any rules, the Claims 
Tribunal shall have powers to regulate its own procedure including the fixing of places and times of its 
enquiry. 

(2)  The  Claims  Tribunal  shall  decide  every  application  as  expeditiously  as  possible  and  ordinarily 
every application shall be decided on a perusal of documents, written representations and affidavits and 
after hearing such oral arguments as may be advanced. 

(3) The Claims Tribunal shall have, for the purposes of discharging its functions under this Act, the 
same  powers  as  are  vested  in  a  civil court  under the Code  of  Civil  Procedure, 1908 (5  of 1908),  while 
trying a suit, in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; 

(c) receiving evidence on affidavits; 

(d)  subject 

to 

the  provisions  of  sections  123  and  124  of 

the 

Indian  Evidence                               

Act,  1872  (1  of  1872),  requisitioning  any  public  record  or  document  or  copy  of  such  record  or 
document from any office; 

(e) issuing commissions for the examination of witnesses or documents; 

(f) reviewing its decisions; 

(g) dismissing an application for default or deciding it ex parte; 

(h) setting aside any order of dismissal of any application for default or any order passed by it    

ex parte; 

(i) any other matter which may be prescribed. 

1. Ins. by Act 28 of 1994, s.11 (w.e.f. 1-8-1994). 
2. Ins. by s. 12, ibid. (w.e.f. 1-8-1994). 

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19. Right to legal representation and presenting officers.—(1) A person making an application to 
the Claims Tribunal may either appear in person or take the assistance of a legal practitioner of his choice 
to present his case before the Claims Tribunal. 

(2) A railway administration may authorise one or more legal practitioners or any of its officers to act 
as  presenting  officers  and  every  person  so  authorised  by  it  may  present  its  case  with  respect  to  any 
application before the Claims Tribunal. 

20. Power of Chairman to transfer cases from one Bench to another.—On the application of any 
of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, 
or on his own motion without such notice, the Chairman may transfer any case pending before one Bench, 
for disposal, to any other Bench. 

21.  Decision  to  be  by  majority.—If  the  Members  of  a  Bench  differ in  opinion  on  any  point,  they 
shall state the point or points on which they differ, and make a reference to the Chairman who shall either 
hear the point or points himself or refer the case for hearing on such point or points by one or more of the 
other Members and such point or points shall be decided according to the opinion of the majority of the 
Members who have heard the case, including those who first heard it. 

22. Execution of orders of Claims Tribunal.—(1) An order made by the Claims Tribunal under this 
Act shall be executable by the Claims Tribunal as a decree of civil court and, for this purpose, the Claims 
Tribunal shall have all the powers of a civil court. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  Claims  Tribunal  may  transmit  any 
order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if 
it were a decree made by that court. 

CHAPTER V 

APPEALS 

23. Appeals.—(1) Save as provided in sub-section (2) and notwithstanding anything contained in the 
Code of Civil Procedure, 1908 (5 of 1908) or in any other law, an appeal shall lie from every order, not 
being an interlocutory order, of the Claims Tribunal, to the High Court having jurisdiction over the place 
where the Bench is located. 

(2) No appeal shall lie from an order passed by the Claims Tribunal with the consent of the parties. 

(3) Every appeal under this section shall be preferred within a period of ninety days from the date of 

the order appealed against. 

CHAPTER VI 

MISCELLANEOUS 

24.  Transfer  of  pending  cases.—(1)  Every 

suit,  claim  or  other 

legal  proceeding                          

(other  than  an  appeal)  pending  before  any  court,  Claims  Commissioner  or  other  authority  immediately 
before the appointed day,  1[2[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)] of section 13] being a 
suit, claim or proceeding the cause of action whereon it is based is such that it would have been, if it had 
arisen after the appointed day, 1[2[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)] of section 13] within 
the jurisdiction of the Claims Tribunal, shall stand transferred on 3[that day or, as the case may be, date] 
to the Claims Tribunal. 

(2)  Where  any  suit,  claim  or  other  legal  proceeding  stands  transferred  from  any  court,  Claims 

Commissioner or other authority to the Claims Tribunal under sub-section (1),— 

1. Ins. by Act 28 of 1994, s. 13 (w.e.f. 1-8-1994). 
2. Subs. by Act 7 of 2017, s. 162, for “or, as the case may be, the date of commencement of the provisions of sub-section (1A)” 

(w.e.f. 26-5-2017). 

3. Subs. by Act 28 of 1994, s. 13, for “that day” (w.e.f. 1-8-1994). 

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(a) the court, Claims Commissioner or other authority shall, as soon as may be after such transfer, 

forward the records of such suit, claim or other legal proceeding to the Claims Tribunal; 

(b) the Claims Tribunal may, on receipt of such records, proceed to deal with such suit, claim or 
other legal proceeding, so far as may be, in the same manner as an application, from the stage which 
was  reached  before  such  transfer  or  from  any  earlier  stage  or  de  novo  as  the  Claims  Tribunal  may 
deem fit. 

25. Proceedings before Claims Tribunal to be judicial proceedings.—All proceedings before the 
Claims Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 
228 of the Indian Penal Code (45 of 1860). 

26. Members and staff of Claims Tribunal to be public servants.—The Chairman, Vice-Chairman 
and other Members and the officers and other employees of the Claims Tribunal shall be deemed to be 
public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

27. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie  against  the  Central  Government  or  against  the  Chairman,  Vice-Chairman  or  other  Member,  or  any 
other person authorised by the Chairman, Vice-Chairman or other Member for anything which is in good 
faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. 

28.  Act  to  have  overriding  effect.—The  provisions  of  this  Act  shall  have  effect  notwithstanding 
anything inconsistent therewith contained in any other law for the time being in force or in any instrument 
having effect by virtue of any law other than this Act. 

29. Power to remove  difficulties.—(1)  If  any  difficulty  arises  in  giving  effect to  the  provisions  of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions, 
not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing 
the difficulty: 

Provided  that  no  such  order  shall  be  made  after  the  expiry  of  a  period  of  three  years  from  the 

appointed day. 

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each 

House of Parliament. 

30. Power  to  make rules.—(1) The  Central  Government  may,  by  notification,  make  rules  to  carry 

out the provisions of this Act. 

(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any 

of the following matters, namely:— 

(a)  the  procedure  under  sub-section  (3)  of  section  8  for  the  investigation  of  misbehaviour  or 

incapacity of the Chairman, Vice-Chairman or other Member; 

(b)  salaries  and  allowances  payable  to,  and  the  other  terms  and  conditions  of  service       

(including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other 
Members under section 9; 

(c) the financial and administrative powers  which the Chairman may exercise over the Benches 

under section 11; 

(d) the salaries and allowances and conditions of service of officers and other employees of the 

Claims Tribunal under sub-section (3) of section 12; 

(e)  the  form  of  application,  the  documents  and  other  evidence  to  be  accompanied  with  such 
application  and  fee  in  respect  of  filing  of  such  application  and  fee  for  the  service  or  execution  of 
processes under sub-section (2) of section 16; 

(f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure 
under  sub-section  (1)  of  section  18  and  the  additional  matters  in  which  the  Claims  Tribunal  may 
exercise powers of civil court under clause (i) of sub-section (3) of that section; 

(g) any other matter which is required to be, or may be, prescribed. 

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(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House 
of  Parliament,  while  it  is  in  session,  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one 
session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of on effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

1[30A.  Power  to  make  rules  retrospectively.—The  power  to  make  rules  under  clause  (b)  of         

sub-section (2) of section 30 shall include the power to make such rules or any of them retrospectively 
from a date not earlier than the date on which this Act received the assent of the President, but no such 
retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person 
to whom such rule may be applicable.] 

[Chapter VII.—Amendments to the Railways Act.] Rep. by the Repealing and Amending Act, 2001       

(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001).  

1. Ins. by Act 4 of 1999, s. 2 (w.e.f. 2-1-1999). 

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