act 024 of 1989 : Railways (Punitive Charges for Overloading of Wagon) Rules, 2012

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Railways (Punitive Charges for Overloading of Wagon) Rules, 2012

ACTNO. 24 OF 1989

17 July, 2012

In exercise of the powers conferred by sub-section (1) read with clause (d) of sub-section (2) of Section 87 of the Railways Act, 1989 (No. 24 of 1989), and in supersession of the Railways (Punitive charges for overloading of wagon) Rules, 2007 and Railways (Punitive charges for overloading of wagon) Amendment Rules, 2011, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely

Section 1. Short title and commencement

(1) These rules may be called the Railways (Punitive charges for overloading of wagon) Rules, 2012.

(2) They shall come into force on the date of their publication in the Official Gazette.

Section 2. Definitions

In these rules, unless the context otherwise requires,

(a) freight rate means the rate applicable to a commodity as per the class assigned in the classification;

(b) normal freight means the freight charge recoverable on a commodity at the class rate for the weight of the commodity loaded up to permissible carrying capacity plus loading tolerance, as specified in the Schedule:

(c) permissible carrying capacity means the normal carrying capacity determined under sub-section (2) or (3) of Section 72 or where a railway administration has determined a varied carrying capacity under sub-section (4) of Section 72, such varied carrying capacity, whichever is higher;

(d) Schedule means the Schedule annexed to these rules;

(e) words and expressions used and not defined in these rules, but defined in the Act, shall have the meanings respectively assigned to them in the Act.

Section 3. Punitive charges for overloading

Where the commodities are over-loaded in Railway wagon, the railway administration shall recover punitive charges as provided in Parts I, II and III of the situation at A and B of the Schedule, from the consignor, the consignee or the endorsee as the case may be, for the entire distance to be travelled by the train hauling the wagon from the originating station to the destination point, irrespective of the point of detection of overloading:

Provided that no punitive charges shall be levied if the customer carries out load adjustment at the originating station itself in case of detection of overloading at originating point.

Section 4.

2[4. Notwithstanding anything contained in Rule 3, if overloading is detected in the wagon(s) that had undergone load-adjustment by the consignors either directly or through their designated agencies, punitive charge of one lakh rupees per wagon shall be levied.]

(For loading on excepted CC+6, CC+6, CC+8 and 25 tonne axle load routes)

Situation A

If the aggregated pay load in a rake does not exceed the combined permissible carrying capacity of the rake, the punitive charges shall be levied as per following, namely:

Part I

3[For wagons other than BCNHL, BCCW and BFNSM22.9 wagons]

Extent of overloading	*Punitive charges leviable on the entire weight of commodity loaded in excess of permissible carrying capacity and loading tolerance of one tonne
If the weight of the commodity exceeds the permissible carrying capacity of wagon;
(a) up to one tonne	Nil
(b) by more than one tonne but not more than four tonnes	Two times of the freight rate applicable to that commodity
(c) by more than four tonnes	Three times of the freight rate applicable to the highest class

*Explanation. It is hereby clarified that on the weight exceeding the permissible carrying capacity up to one tonne, the normal freight at the rate applicable to the class assigned to the commodity shall be recoverable and punitive charges shall be recovered for the entire weight of the commodity in excess of permissible carrying capacity and loading tolerance of one tonne.

4[Part II

(i) For BCNHL wagons

Extent of overloading	*Punitive charges leviable on the entire weight of commodity loaded in excess of permissible carrying capacity and loading tolerance of half tonne
If the weight of the commodity exceeds the permissible carrying capacity of wagon;
(a) up to half tonne	Nil
(b) by more than half tonne but not more than three and half tonnes	Two times of the freight rate applicable to that commodity.
(c) by more than three and half tonnes	Three times of the freight rate applicable to the highest class.

*Explanation. It is hereby clarified that on the weight exceeding the permissible carrying capacity up to half tonne, the normal freight at the rate applicable to the commodity shall be recoverable and punitive charges shall be recovered for the entire weight of the commodity in excess of permissible carrying capacity and loading tolerance of half tonne.

5[(ii) 6[For BCCW and BFNSM22.9 wagons]

Extent of overloading	*Punitive charges leviable on the entire weight of the commodity loaded in excess of permissible carrying capacity and loading tolerance of half tonne
If the weight of the commodity exceeds the permissible carrying capacity of wagon:
(a) up to half tonne	Nil.
(b) by more than half tonne but not more than three and half tonnes	Two times of the freight rate applicable to that commodity.
(c) by more than three and half tonnes	Three times of the freight rate applicable to the highest class.

*Explanation. It is hereby clarified that on the weight exceeding the permissible carrying capacity upto half tonne, the normal freight at the rate applicable to the commodity shall be recoverable and punitive charges shall be recovered for the entire weight of the commodity in excess of permissible carrying capacity and loading tolerance of half tonne.]

Para III

For Container train

Extent of overloading	*Punitive charges leviable on the entire weight of commodity loaded in excess of permissible carrying capacity and loading tolerance of one tonne
If the weight of commodity exceeds the permissible carrying capacity of the wagon;
(a) up to one tonne	Nil
(b) by more than one tonne but not more than four tonnes	Two times of the freight rate applicable to that commodity
(c) by more than four tonnes	Three times of the freight rate applicable to the highest class

*Explanation. It is hereby clarified that on the weight exceeding the permissible carrying capacity up to one tonne, the normal freight at the rate applicable to the commodity shall be recoverable and punitive charges shall be recovered for the entire weight of the commodity in excess of permissible carrying capacity and loading tolerance of one tonne.

Situation B

If the aggregated payload in a rake exceeds the combined permissible carrying capacity of the rake, the punitive charges shall be levied as per following:

Part I

7[For wagons other than BCNHL, BCCW and BFNSM22.9 wagons]

Extent of overloading	*Punitive charges leviable on the entire weight of commodity loaded in excess of permissible carrying capacity
If the weight of the commodity exceeds the permissible carrying capacity of wagon;
(a) up to one tonne	Nil
(b) by more than one tonne but not more than four tonnes	Three times of the freight rate applicable to the highest class
(c) by more than four tonnes	Five times of the freight rate applicable to the highest class

*Explanation. It is hereby clarified that on the weight exceeding the permissible carrying capacity up to one tonne, the normal freight at the rate applicable to the class assigned to the commodity shall be recoverable. However, in case of weight exceeds the permissible carrying capacity by more than one tonne, punitive charges shall be recovered for the entire weight of the commodity in excess of permissible carrying capacity.

8[Part II

(i) For BCNHL wagons

Extent of overloading	*Punitive charges leviable on the entire weight of commodity loaded in excess of permissible carrying capacity
If the weight of the commodity exceeds the permissible carrying capacity of wagon;
(a) up to half tonne	Nil
(b) by more than half tonne but not more than three and half tonnes	Three times of the freight rate applicable to the highest class.
(c) by more than three and half tonnes	Five times of the freight rate applicable to the highest class.

*Explanation. It is hereby clarified that on the weight exceeding the permissible carrying capacity up to half tonne, the normal freight at the rate applicable to the commodity shall be recoverable. However, in case of weight exceeds the permissible carrying capacity by more than half tonne, punitive charges shall be recovered for the entire weight of the commodity in excess of permissible carrying capacity.

9[(ii) 10[For BCCW and BFNSM22.9 wagons]

Extent of overloading	*Punitive charges leviable on the entire weight of the commodity loaded in excess of permissible carrying capacity
If the weight of the commodity exceeds the permissible carrying capacity of wagon:
(a) up to half tonne	Nil.
(b) by more than half tonne but not more than three and half tonnes	Three times of the freight rate applicable to the highest class.
(c) by more than three and half tonnes	Five times of the freight rate applicable to the highest class.

*Explanation. It is hereby clarified that on the weight exceeding the permissible carrying capacity upto half tonne, the normal freight at the rate applicable to the commodity shall be recoverable. However, in case of weight exceeds the permissible carrying capacity by more than half tonne, punitive charges shall be recovered for the entire weight of the commodity in excess of permissible carrying capacity.]

Part III

For Container train

Extent of overloading	*Punitive charges leviable on the entire weight of the commodity loaded in excess of permissible carrying capacity
If the weight of commodity exceeds the permissible carrying capacity of the wagon;
(a) up to one tonne	Nil
(b) by more than one tonne but not more than four tonnes	Three times of the freight rate applicable to the highest class
(c) by more than four tonnes	Five times of the freight rate applicable to the highest class

*Explanation. It is hereby clarified that on the weight exceeding the permissible carrying capacity up to one tonne, the normal freight at the rate applicable to the commodity shall be recoverable. However, in case of the weight exceeds the permissible carrying capacity by more than one tonne, punitive charges shall be recovered for the entire weight of the commodity in excess of permissible carrying capacity.

1. Ministry of Railways (Railway Board), Noti. No. G.S.R. 570(E), dated 17 July, 2012, published in the Gazette of India, Extra., Part II, Section 3(i), dated 17th July, 2012, pp. 6-9, No. 361.

2. Ins. by G.S.R. 898(E), dt. 17-12-2012 (w.e.f. 17-12-2012).

3. Subs. for For wagons other than BCNHL and BCCW wagons by G.S.R. 1205(E), dt. 14-12-2018 (w.e.f. 14-12-2018).

4. Subs. by G.S.R. 550(E), dt. 10-7-2015 (w.e.f. 10-7-2015).

5. Subs. by G.S.R. 278(E), dt. 26-3-2018 (w.e.f. 26-3-2018).

6. Subs. for For BCCW wagons by G.S.R. 1205(E), dt. 14-12-2018 (w.e.f. 14-12-2018).

7. Subs. for For wagons other than BCNHL and BCCW wagons by G.S.R. 1205(E), dt. 14-12-2018 (w.e.f. 14-12-2018).

8. Subs. by G.S.R. 550(E), dt. 10-7-2015 (w.e.f. 10-7-2015).

9. Subs. by G.S.R. 278(E), dt. 26-3-2018 (w.e.f. 26-3-2018).

10. Subs. for For BCCW wagons by G.S.R. 1205(E), dt. 14-12-2018 (w.e.f. 14-12-2018).