1998 (4) TMI 538 - SC - Indian Laws

Summary

Issues Involved:
1. Distinction between 'maximum carrying capacity', 'normal carrying capacity', and 'permissible carrying capacity'.
2. Consistency of Rule 161A with section 53 of the old Act.
3. Ultra-vires nature of Rule 161A under the Railways Act, 1890.
4. Exclusion of Rule 161A by Rules 6 and 29 of Eastern Railways Coal Tariff.
5. Nature of charges under Rule 161A and section 73 of the new Railways Act, 1989.
6. Effect of delivery of the Railway Receipt on liability to pay penal charges.
7. Railway's lien for collection of penal charges.
8. Requirement for consignees to prove non-passing of penal charges to consumers for refund.
9. Future prohibition of penal charges collection from consignees.

Summary:

Point 1:
The judgment clarifies the distinction between 'maximum carrying capacity', 'normal carrying capacity', and 'permissible carrying capacity'. Penal charges under Rule 161A and section 73 of the new Act are applicable only for exceeding the 'permissible carrying capacity'.

Point 2:
Rule 161A is not inconsistent with section 53 of the old Act. The court held that the contention of inconsistency is based on a misconception, as Rule 161A does not permit loading beyond the maximum carrying capacity. The rule is designed to achieve the objectives of section 53.

Point 3:
Rule 161A is not ultra-vires of the Railways Act, 1890. The rule is protected by sections 29(1) and 54(1) of the old Act. The court found that Rule 161A was issued by the Railway Board under delegated powers from the Central Government, making it statutory.

Point 4:
Rule 161A is neither excluded by Rule 6 nor by Rule 29 of the Eastern Railway Coal Tariff. Rule 6 deals with charges for overloading and demurrage, while Rule 29 pertains to normal rates for excess coal, not penal charges. Rule 161A, with its non-obstante clause, overrides these rules.

Points 5 and 6:
The court held that the penal charges can be collected from the consignee under both the old and new Acts. Under the new Act, section 73 allows recovery from the consignor, consignee, or endorsee. Under the old Act, Rule 161A's language is broad enough to permit recovery from the consignee.

Point 7:
The Railways have a lien for the penal charges under section 55(1) of the old Act and section 83 of the new Act. The lien allows the Railways to withhold delivery of goods until the penal charges are paid.

Point 8:
Consignees are not entitled to a refund of penal charges without proving that they have not passed on the burden to their consumers. The court found that consignees, having taken delivery and used the excess coal, cannot claim a refund.

Point 9:
The court denied the request for a future prohibition on the collection of penal charges from consignees. The judgment upheld the validity of collecting these charges under the new Act and the 1990 Rules.

Conclusion:
All Civil Appeals and Transferred Cases were dismissed, and the court upheld the Railways' right to collect penal charges from consignees. The judgment emphasized the statutory basis and reasonableness of such charges, rejecting claims of inconsistency, ultra-vires, and arbitrariness.