Transport Act, 1944

Additional functions of the Minister.

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.