New Delhi dated 6-7-95.
Dear Sir,Sub:- Appeal for waiving of Rules 103 of Railway Act in respect of
I am directed to refer to your letter dated 18.5.95 addressed to Minister for Railways on the above subject and to state that under Railways (Extent of Monetary liability and prescription of percentage charge) Rules 1990, it is laid down that where value of the goods booked has not been declared by the consignor and percentage charge not paid, the monetary liability of the Railway has been limited to:-
a) Rs.100/- per kg. in case of baggage and luggage.
b) Rs.50/- per kg. in case of other items of parcel/goods.
Where consignor has declared the value of the consignment and has also paid percentage charge, he will be entitled to get the claimed amount which will not exceed the value of the goods so declared.
South Eastern Railway has correctly settled your claim, as booking of Newspapers/Magazines is governed by the same rules and there is no exception for their bookings.
New Delhi dated 22nd June'73
The question of streamlining the procedure for settlement of claim in respect of newspapers/periodicals has been under consideration of the Board for some time. The matter was recently discussed with the newspaper agencies and a copy of the minutes of the said meeting is enclosed for information (Annex.’A’)
The main cause for complaint from the newspaper agencies is the reluctance of staff to issue shortage certificate in absence of the RR, which under the ‘Monthly Accounts System’ is not issued at all. Destination Railways are also not advised of the introduction of the Monthly Accounts Systems and in cases relevant particulars like the period for which the system introduced, the number of copies of each periodical to be booked etc. are not given.
Board desire that as soon as Monthly Accounts System is introduced for any party all relevant details should be promptly furnished to the concerned Railways and acknowledgment obtained from them. As regards issue of shortage certificate it should be made clear to the staff that RRs are not issued under the Monthly Accounts System. The newspaper agencies have been advised to indicate on the top of each packages, the total number of packages booked and also number in a serial order. Thus if five bundles of newspapers are booked of a particular consignee, the newspaper agencies will mark them 1/5, 2/5….5/5. This marking will indicate if any package is missing. Newspaper agencies have agreed to pack only one type of periodical in one package and also give the number of copies packed on the top label of the packet. This will facilitate the station in issuing a shortage certificate. When the top level showing the number of copies is missing and there is no indication of the number of copies, station staff may certify the weight of the consignment, if the condition of the consignment so warrants. Before issue of a certificate for the loss of complete packages in case of periodicals, the delivery register should be checked for a period of one week from the date of probable arrival to take into account cases of late printing, dispatch and delay in transit. For newspapers such a check may be carried out for two days after probable date of arrival.
The claims for newspapers/periodicals booked under the Monthly Accounts System are invariably lodged by the newspaper agencies who are firms of repute. In view of the small amount involved one each claim, the Railways should settle the claims on the basis of the shortage certificate issued without going through, except in a few test cases, the procedure for confirmation of booking. Newspaper agencies have also been asked to indicate in col.4 of Annex. IX B of proforma of the ‘Advance List’ prescribed under paras 929 (B) of Indian Railways Commercial Manual Vol.I, details of packets booked to each consignee and the name of the newspaper/periodical.
Attention is also draw to para 4 of the minutes of the meeting (Annexure A) held with the newspaper agencies wherein they have agreed to drop claim more than two years old and shall submit a list of claims in respect of each zone every month. Expeditious action should be taken to settle these claims.
Receipt of this letter may please be acknowledged.