In exercise of the powers conferred by clause (g) of sub-section (2) of Section 87 read with Section 79 of the Railways Act, 1989 (24 of 1989), the Central Government hereby makes the following rules, namely:
1. (1) These rules may be called the Weightment of Consignments (in Wagon-load or Train-load) Rules, 1990.
(2) They shall come into force on the date of their publication in the Official Gazette.
In these rules unless the context otherwise requires:
(a) Act means the Railways Act, 1989 (24 of 1989);
(b) Schedule means Schedule annexed to these rules;
(c) Train-load consignment means consignment carried at train-load rate as notified by the Central Government from time to time;
(d) Wagon-load consignment means consignment carried at wagon-load rate as notified by the Central Government from time to time;
(e) Words and expressions used and not defined in these rules but defined in the Act shall have the meaning respectively assigned to them in the Act.
(1) The consignee or the endorsee of a wagon-load or a train-load consignment booked at railway risk rate may, if he has reason to believe that the wagon offered to him for delivery at destination does not contain the quantity of goods entrusted for carriage, make a request in writing to the Divisional Commercial Superintendent or any other railway servant authorised in this behalf for the weighment of such consignment at destination station.
2[(2) Subject to the provisions of Rule 4, any railway servant authorised in this behalf may allow request for weighment under sub-rule (1) on a railway weighbridge on the payment of,
(i) charges for weighment of wagons as specified in Schedule I;
(ii) additional charges, for haulage of a wagon irrespective of distance, as specified in Schedule II, if due to non-availability of railway weighbridge at the destination station, the wagon has to be sent to another station for weighment:
Provided that if the wagon had to be sent to another station due to the weighbridge at the destination station being out of order, no additional charges shall be levied for such haulage;
(iii) demurrage charges, if any.]
Where a request has been made under Rule 3, any railway servant authorised in this behalf may disallow such request if:
(1) the consignment is received in covered wagon, and the seals of the loading station are intact and there is no other evidence of the consignment having been tampered in transit;
(2) the consignment has been received in open wagon and there is no sign of tampering of the original packing or other evidence of such consignment having been tampered in transit;
(3) the consignment is of perishable nature and is likely to lose weight in transit;
(4) in the opinion of such railway servant, the weighment is not feasible due to congestion in the yard.
Weighment done on request under Rule 3 shall be without prejudice to the rights of the railway administration to disclaim liability under the Act or under any other law for the time being in force.
3[SCHEDULE I
[See sub-rule (2) of Rule 3]
| Description of wagon |
Weighment charges |
| Rs. P. |
|
| (i)(a) Per B.G. 8-wheeled wagon |
3620.00 |
| (b) Per B.G. 4-wheeled wagon |
1450.00 |
| (ii)(a) Per M.G. 8-wheeled wagon |
1000.00 |
| (b) Per M.G. 4-wheeled wagon |
500.00 |
| (iii) Per N.G. 4-wheeled wagon |
280.00 |
[See sub-rule (2) of Rule 3]
| Description of wagon |
Haulage charges |
| Rs. P. |
|
| (i)(a) Per B.G. 8-wheeled wagon |
3620.00 |
| (b) Per B.G. 4-wheeled wagon |
1450.00 |
| (ii)(a) Per M.G. 8-wheeled wagon |
1100.00 |
| (b) Per M.G. 4-wheeled wagon |
550.00 |
| (iii) Per N.G. 4-wheeled wagon |
310.00] |
1. Vide GSR 615(E), dt. 3-7-1990 pub. in Gaz. of India, Extra., Pt. II, S. 3(i), dt. 3-7-1990.
2. Subs. by GSR 854(E), dt. 23-10-1990 (w.e.f. 1-11-1990).
3. Subs. by GSR 15(E), dt. 9-1-2001 (w.e.f. 15-1-2001).