Chapter II.

Railway Charges and Conditions of Carriage by Rail Applicable to the Company.

70. —(1) Subject to this Chapter—

(a) the classification of merchandise as determined by the railway tribunal under Part III of the Railways Act, 1924 (No. 29 of 1924), shall apply to the Company as it applied to the dissolved railway company;

(b) the charges laid down in the Great Southern Railways Company's Schedule of Standard Charges (S. R. & 0., No. 5 of 1930), as modified by Statutory Rule and Order No. 56 of 1930 and Statutory Rule and Order No. 319 of 1937, subject, in the case of damageable merchandise carried under owner's risk conditions, to the reductions to be made from standard charges as determined by Statutory Rule and Order No. 14 of 1930, as modified by Statutory Rule and Order No. 1 of 1932, shall apply to the Company as they applied to the dissolved railway company;

(c) the charges referred to in paragraph (b) of this section shall be the maximum charges which the Company shall be entitled to make for all services in respect of which the said charges are fixed.

(2) Subsection (1) of this section shall cease to be in force as on and from the date on which the revised schedule of maximum railway charges of the Company comes into operation.

71. —(1) The Company may and, if required by the Minister, shall, within such time as the Minister may appoint, submit to the Minister a proposal for the revised classification of merchandise for the purposes of the application to such merchandise of rates of charges to be made by the Company in respect of its railway undertaking, and thereupon the following provisions shall have effect—

(a) the Company shall publish the said proposal in such manner as the Minister may direct;

(b) the Minister, if he thinks fit, may refer the said proposal to the Advisory Committee for their report and advice thereon;

(c) the Minister, after consideration of the said proposal, any representations made by interested persons and, in case the said proposal has been referred to the Advisory Committee, their report and advice, shall determine the classification of merchandise applicable to the Company for the said purpose.

(2) The revised classification of merchandise applicable to the Company shall not come into operation until the revised schedule of maximum railway charges of the Company has come into operation.

72. —(1) At any time after the revised railway classification of merchandise applicable to the Company has been settled by the Minister, the Company may, and, if required by the Minister, shall, within such time as the Minister may appoint, submit to the Minister revised schedules, drawn up in such manner as the Minister may direct, of the maximum charges proposed to be made according to the said classification and shall show in those schedules the rates for the conveyance by rail of merchandise, the amount of terminal charges and the fares for the conveyance by rail of passengers and their luggage, and thereupon the following provisions shall have effect—

(a) the Company shall publish the said schedules in such manner as the Minister may direct;

(b) the Minister, if he thinks fit, may refer the said schedules to the Advisory Committee for their report and advice thereon;

(c) the Minister, after consideration of the said schedules, any representations made by interested persons and, in case the said schedules have been referred to the Advisory Committee, their report and advice, shall settle the said schedules and fix the date on which they are to come into force.

(2) When settling the schedules of charges under this section the Minister shall determine what reductions shall be made from the maximum charges where damageable merchandise is carried by the Company under owner's risk conditions, and such reductions shall be shown or indicated in the schedules in such manner as the Minister directs.

(3) As on and from the date on which the revised schedules of maximum railway charges come into operation, the charges appearing therein shall, subject to any alterations made by the Minister under this Chapter, be the maximum charges which the Company shall be entitled to make for all services in respect of which the said charges are fixed.

73. —(1) Where an application, in the prescribed form and containing the prescribed particulars, is made by the Company or any interested person to the Minister for an order altering the railway classification of merchandise for the time being applicable to the Company, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of the said classification as he thinks fit.

(2) In this section the word “altering”, in relation to the railway classification of merchandise for the time being applicable to the Company, includes altering the classification of any article and classifying any article not for the time being classified, and the word “alterations” shall be construed accordingly.

74. —Where an application, in the prescribed form and containing the prescribed particulars, is made by the Company or any interested person to the Minister for an order altering the maximum railway charges for the time being of the Company or any of them or any conditions relative thereto, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations as he thinks fit of the said charges and the conditions relative thereto and fix the date on which the altered charges or conditions shall come into operation.

75. —(1) All the terms, conditions and provisions of any enactment or any agreement confirmed by or scheduled to an enactment which, immediately before the establishment date, are in force and binding on the dissolved railway company, by which the forwarding of traffic is affected, or for any other purpose, shall continue in full force and effect, but no such enactment or agreement shall be construed as affecting or extending to any part of the railway of the Company or traffic thereupon which was not immediately before the establishment date subject to or affected by such enactment or agreement.

(2) The Company shall not by rates or fares charged, whether through or local, or by facilities provided by it or otherwise, place any one port in the State at an undue disadvantage as compared with any other port in the State to, from, or through which traffic is or may be carried.

(3) The Company shall, if required by any interested person, use all proper endeavours to provide a reasonable system of through bookings with through rates, fares and facilities by all reasonable routes.

(4) No rebates, commissions, or agency or other allowances shall be given by the Company to traders at or using any port in the State which are not given by the Company in similar circumstances to traders at or using any other port in the State, and the word “traders” shall include any incorporated railway or steamship company.

(5) If any dispute shall at any time arise under the provisions of this section or as to any matter or thing under this section or as to whether the Company is fulfilling its obligations hereunder or taking all reasonable and necessary steps for that purpose, the dispute shall be referred to and determined by the High Court.

76. —The terms and conditions of carriage of merchandise by rail as settled by the railway tribunal under the Railways Act, 1924 (No. 29 of 1924) (which said terms and conditions are contained in Statutory Rule and Order No. 13 of 1930) shall, subject to any alteration or addition made by the Minister under this Part, be the standard terms and conditions of carriage by rail for the Company and shall be deemed to be reasonable.

77. —Where an application, in the prescribed form and containing the prescribed particulars, is made by the Company or any interested person to the Minister for an order altering or adding to the standard terms and conditions of carriage by rail for the Company, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of or additions to such standard terms and conditions as he considers just and reasonable and fix the date as from which the alterations or additions are to come into operation and such standard terms and conditions as so altered or added to shall be deemed to be reasonable.

78. —(1) Subject to this section, the terms and conditions upon and subject to which merchandise shall, apart from special contract, be carried by rail by the Company shall be company's risk conditions and those conditions shall apply without any special contract in writing to the carriage of merchandise at ordinary rates.

(2) Where an owner's risk rate is in operation and the Company has been requested in writing to carry goods at that rate, the terms and conditions upon and subject to which such goods shall be carried shall be owner's risk conditions.

(3) The terms and conditions upon and subject to which damageable goods not properly protected by packing (if accepted for carriage) shall be carried by rail by the Company shall be the conditions set out in the standard terms and conditions of carriage by rail for the Company, but the Company shall not be under any obligation to carry damageable goods not properly protected by packing.

(4) Nothing in this Act shall preclude the Company from agreeing in writing, subject to the provisions of the Railway and Canal Traffic Acts, 1854 and 1888, to any terms and conditions it thinks fit for the carriage of merchandise, live stock, or damageable goods not properly protected by packing or dangerous goods.

79. —The Company shall be under no obligation to carry live stock at owner's risk rates in cases in which live stock is not immediately before the establishment date carried by the dissolved railway company at reduced rates under owner's risk conditions.

80. —(1) The Company shall be entitled to charge for the conveyance of merchandise as for a minimum distance of such number of miles as the Minister may by order determine or for such minimum sum as the Minister may by order determine, but such minimum distances shall not vary according to whether charges for station terminals are or are not made.

(2) Any determination of the railway tribunal under section 45 of the Railways Act, 1924 (No. 29 of 1924), shall continue in force and have effect as if it were an order of the Minister under this section.

81. —Where any statutory provision, with respect to charges for or in connection with the carriage of merchandise or passengers by the dissolved railway company, which is in force immediately before the establishment date authorises, for the purposes of calculation of distance, a special mileage to be allotted in respect of any portion of the railway of the dissolved railway company, that statutory provision shall continue in force and the references therein to the dissolved railway company shall on and after the establishment date be construed as references to the Company,

82. —(1) Nothing in this Act shall impose any obligation on the Company to accept dangerous goods for conveyance by rail or shall prejudice or derogate from the powers of any Minister of State under the Explosives Act, 1875, or affect the validity or operation of any order, rule or bye-law made under the powers contained in that Act.

(2) If the Company accepts dangerous goods for conveyance by rail the goods shall be conveyed subject to such bye-laws, regulations and conditions as the Company may think fit in regard to the conveyance or storage thereof, and the owner or consignor of such goods shall indemnify the Company from and against all loss or damage which may result to the Company or to which the Company may be or become liable owing to non-compliance with the said bye-laws, regulations and conditions as to such goods and shall pay full compensation for all injury to the Company's servants and damage to its property so arising unless it be proved that the injury or damage is due to the wilful misconduct of the Company's servants, but, subject as aforesaid, the provisions of this Chapter as to ordinary rates and owner's risk rates shall apply.

(3) Any question arising under this section as to whether goods are dangerous goods may be referred to the Minister.

(4) Where the dissolved railway company or the Company has declared any article to be dangerous, it shall lie on the person requiring the article to be carried to show that it is not dangerous.

(5) Any bye-laws made by the dissolved railway company for the purposes of subsection (2) of section 47 of the Railways Act, 1924 (No. 29 of 1924), shall continue in force and have effect as if made by the Company under subsection (2) of this section.

83. —The provisions contained in the Eighth Schedule to this Act shall apply to the Company.

84. —(1) Where a dispute or difference arises between the Company and a trader and the dispute or difference is one which, under the Eighth Schedule to this Act, is to be or may be referred to or is to be determined by the Minister, the Company or the trader may apply to the Minister to determine the matter and thereupon the following provisions shall have effect—

(a) the applicant shall give to the other party such notice of the application as may be prescribed;

(b) the Minister, after consideration of the application, and any representations made by the Company and the trader, shall determine the dispute or difference and such determination shall be final.

(2) Every application under this section shall be in the prescribed form and contain the prescribed particulars.

85. —(1) The Company or any interested person may at any time apply to the Minister to determine any of the following matters, that is to say:—

(a) any matter which the Minister has power to determine under section 80 (which relates to minimum charges) of this Act;

(b) any question arising under section 82 (which relates to dangerous goods) of this Act as to whether goods are dangerous goods;

(c) any question as to the class into which any article is classified in the railway classification of merchandise applicable to the Company;

(d) the amount to be allowed for any terminal services not performed at a station or for accommodation and services in connection with a private siding not performed or provided at that siding;

(e) the reasonableness or otherwise of any charge made by the Company for any services or accommodation for which no authorised charge is applicable;

(f) the reasonableness or otherwise of any conditions made by the Company as to the packing of articles specially liable to damage in transit or liable to cause damage to other merchandise;

(g) the articles and things that may be conveyed by rail as passengers' luggage;

(h) any question which, under paragraph 9 of the Eighth Schedule to this Act, is to be determined by the Minister.

(2) Where an application is made to the Minister to determine any matter mentioned in subsection (1) of this section, the following provisions shall have effect—

(a) the applicant, if required by the Minister, shall publish notice of the application in such manner as the Minister may direct.

(b) the Minister may, if he thinks fit, refer the application to the Advisory Committee for their report and advice thereon;

(c) the Minister, after considering the application, any representations made by interested persons and, in case the application has been referred to the Advisory Committee, their report and advice, shall determine the matter and such determination shall be final.

(3) Every application under this section shall be in the prescribed form and contain the prescribed particulars.

86. —(1) The Minister may for the purposes of deciding any question, dispute or difference to which this section applies appoint a person to hear, but not to decide, such question, dispute or difference.

(2) The person appointed under this section to hear any question, dispute or difference shall have power by notice in writing to summon witnesses and to require the production of books and documents, and any person so summoned who fails to attend or refuses to give evidence before the person or persons so appointed, and any person who fails or refuses to produce any book or other document the production of which is so required of him, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(3) The person appointed under this section to hear any question, dispute or difference shall have power to take evidence on oath and for that purpose such person may administer oaths to persons attending as witnesses at such hearing.

(4) This section applies to—

(a) any question arising under section 82 of this Act as to whether goods are dangerous goods or not,

(b) any dispute between the Company and a trader arising under paragraphs 3 or 6 of the Eighth Schedule to this Act,

(c) any difference between the Company and a trader arising under paragraphs 4, 5, or 10 of the said Eighth Schedule.

87. —(1) The Acts mentioned in the Ninth Schedule to this Act shall, in their application to the Company, so far as relates to its railway undertaking, have effect subject to the amendments specified in the third column of that Schedule.

(2) Where any existing special Act relating to the dissolved railway company does not incorporate a section of any of the Railways Clauses Acts which is amended or repealed by the Ninth Schedule to this Act but contains provisions corresponding to that section, the like amendment or repeal shall be made of such corresponding provision as is made by the said Ninth Schedule of the section of the Railways Clauses Act.