Transport Act, 1950

Board's powers as to charges and as to terms and conditions of carriage of merchandise.

20.—(1) In this section—

the word “charges” includes fares, rates or tolls;

the word “services” means any of the following—

(a) the conveyance of passengers and their luggage,

(b) the receiving, forwarding, carrying and delivering of merchandise,

(c) any other transport service or facility;

the expression “the railway classification of merchandise” means the classification of merchandise for the time being in force adopted by the Board for the purposes of the application of rates of charges to be made by the Board for the carriage of merchandise by rail;

the expression “the canal classification of merchandise” means the classification of merchandise for the time being in force adopted by the Board for the purposes of the application of rates of charges to be made by the Board in respect of the carriage of merchandise by inland waterway.

(2) The Board may fix, demand, take and recover such charges as the Board thinks fit for services provided by it.

(3) Where the Board agrees with a trader for the carriage of his merchandise at charges which represent a reasonable commutation of the charges otherwise applicable to the merchandise of that trader carried by the Board, the Board may, notwithstanding anything contained in any enactment, make as regards the carrying of that trader's merchandise the charges so agreed.

(4) (a) The Board shall keep for sale copies of the following:—

(i) the railway classification of merchandise,

(ii) the canal classification of merchandise,

(iii) scales of charges made, in conjunction with the railway and canal classifications of merchandise, by the Board in respect of the carriage of merchandise by rail and inland waterway.

(b) The Board shall keep for public inspection at its principal office copies of the following:—

(i) the railway classification of merchandise,

(ii) the canal classification of merchandise,

(iii) scales of charges made, in conjunction with the railway and canal classifications of merchandise, by the Board in respect of the carriage of merchandise by rail and inland waterway.

(c) The Board shall keep for public inspection at each depot owned by it at which merchandise is received for carriage by rail a copy of each of the following:—

(i) the railway classification of merchandise,

(ii) scales of charges made, in conjunction with the railway classification of merchandise, by the Board for the carriage of merchandise by rail from that depot.

(d) The Board shall keep for public inspection at each depot owned by it at which merchandise is received for carriage by inland waterway, a copy of each of the following:—

(i) the canal classification of merchandise,

(ii) scales of charges made, in conjunction with the canal classification of merchandise, by the Board in respect of the carriage of merchandise by inland waterway from that depot.

(5) (a) The Board may attach to the services afforded by it such terms and conditions as the Board thinks fit.

(b) Any carriage of merchandise by rail by the Board which is in accordance with the terms and conditions contained in Statutory Rule and Order No. 13 of 1930 shall be deemed to be carriage of that merchandise under terms and conditions which are just and reasonable.

(c) Unless otherwise specified in writing by the Board, all merchandise carried by the Board by rail shall be deemed to be carried subject to the terms and conditions contained in Statutory Rule and Order No. 13 of 1930.