TMI Blog1960 (2) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... . As the Mills premises are situated a short distance away from the station platform the Mills had at the very time when it started functioning, a siding agreement with the Roy Company so that the trucks carrying the sugarcane are ultimately brought into the Mills siding from where the unloading takes place. The nearest point of the Mills siding from the station platform at Shamli is about 100 to 150 ft. away. Tile Rly. loco-motives bring the sugarcane trucks to this point-pt. A in the Plan-after which the Mills makes its own arrangement for taking them inside the sidings. After several increases from time to time which it is not necessary to mention, the charges payable in respect of sugarcane carried in the Railway Company's trucks and brought by the Railway Company's locomotives up to the point A stood on September 30, 1953, at the following figures:- Rs. Ans. ps. From Ailum 3 8 - Kandhla 3 8 - Khandraoli 3 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... do The consequence of this was that with effect from October 1953 the total charges payable by the Mills rose considerably. From ₹ 3-8 formerly payable in respect of sugarcane carried from Ailum, Khandla, Khandraoli, Hind, Thanabhawan, the rate now payable became ₹ 11-12, ₹ 11- 12, ₹ 11-2, ₹ 11-2 and ₹ 12-8 respectively while for sugarcane carried from Nanautta and Sona Arjunpur, the amount now payable was ₹ 13.5 and ₹ 14.1 in place of ₹ 4.4 and ₹ 4.4 payable prior to October 1, 1953. It was for relief against this increase that the Mills made a complaint under s. 41(1) (i) of the Indian Railways Act to the Railway Rates Tribunal. Relief in respect of certain other matters like rates on molasses, increase in siding charges, rates on coal, gunnies, limestone, firewood etc., and rates on sugar was also asked for; but later all these prayers having been withdrawn at the hearing before the Tribunal. The Tribunal bad to deal only with the Mills' complaint as regards this increase in charges in respect of sugarcane. The main contention raised on behalf of the Railway Company was that a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no substance in this contention. It does not appear to be disputed that on an average 200 mds. are carried in each 4 wheeler truck. Exhibit A-6 shows a number of bills for charges for the period February, 1953 to February 10, 1953, for sugarcane carried from these stations to Shamli. The number of trucks for each consignment is mentioned as also the weight, carried. In each case we find 200 mds. mentioned as the weight. It is obvious and indeed undisputed that this statement of 200 mds. as the weight is not made on actual weighs but is mentioned on the weight carried on the, basis of capacity. As regards the rate for carriage, it is common ground that charge is made per truck and not according to maundage. It also appears to be common ground that this charge is actually calculated on the basis of 15O mds. per truck. We are unable to agree that when the Central Government fixed the charge at so much per mound it was intended that before any such charge could be levied the actual weight should be ascertained by actual weighment. There is nothing to prevent the Railway Company and the consignor from entering into an agreement as to 'what should be accepted as weight without actua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods will mean only a, charge payable for carriage of goods as may be made specially applicable to a specific commodity booked between two specified stations for the carriage of the same. This would not include any charge made in addition to the charge for carriage. It must therefore be held that the words of the Local Advice Order stating the new station to station rate as so much plus so much for terminal charge are not strictly accurate. The proper way of giving information to parties concerned would be to state the station to station rate as consisting of the amount mentioned in the first party only-the charge for carriage-and to make a separate announcement as regards terminal charge. This inaccuracy in expression cannot however affect the substance of the matter. The fact that the terminal charge was mentioned as a part of the station to station rate is no reason to think that standardized terminal charges were not being applied. More important is the argument that the Central Government Notification fixing 6 pies per maund as the , terminal charge at each end, where loading and Upper unloading is done by the owner, should be interpreted as permitting the levy of suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emained there undertaking carriage, till ultimately the third stage was reached when the railway company func- tioned also as carriers on the line. While some assistance can no doubt be derived from the learned discussions by English judges as to where conveyance ends and the carrier's duty begins, it would be more helpful to concentrate at first on the scheme of our own legislation. Turning to the Indian Railways Act, it is clear that carriage on the Railway line is primarily a function of the Railway Company and for such carriage charges are made. The Act further contemplates that in addition to some charge having been made for carriage certain other charges can be made under the head terminals . In such a scheme the proper approach to a decision of the question where carriage ends is to find out what carriage has been charged for. If what is charged is the charge for carriage up to the station platform of the destination station, anything done to assist the party after carriage is complete is a service in addition to carriage, that is, a terminal service. If the point A in the map is the distance up to which carriage is charged the view of the majority of the Tribunal tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the line B referred to and the Station Master has been advised by the Firm This will de done by presentation of the outer foil with column filled in. The Station Master will then initial in column 5 of the outer foil, and fill in columns 5, 6, 7 and 8 of the inner foil and columns 6, 7 and 8 of the outer foil and recover the demurrage due. Note 1. The free time referred to above will be calculated in accordance with the rules in force from time to time as published in the Goods Traffic Books of the Railway Administration and wagons detained by the Firm over and above such free time shall be subject to payment of the demurrage charges laid down in such tariffs. Note 2. The Firm will arrange to band shunt wagons to and from the said length A with their own labour and the Railway Administration will not be responsible for any delay, loss or damage caused in consequence of the failure of the Firm to arrange for such band shunting. It is important to notice that cl. 13 mentions in definite and categorical Ianguage that freight is charged up to and from Shamli station. It is reasonable to read the station here as the station platform . When in clause 15 it is agreed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r in connection with sidings not belonging to the Company. It was in connection with this scheme of the law that the Court had to consider where conveyance should be held to end. It was held that conveyance for the purpose of rates might or might not coincide with the contractual conveyance but that it could not be said as matter of law that it did. The point at which it ended would prima facie be the point at which the goods train detached and deposited the Trucks, but if they were so detached and deposited for the convenience of the railway company at a point short of that to which as conveyers they would be bound to take them for the purposes of delivery to a (1) (1920) K.B. 574. distributing carrier in times when such carriers existed, a charge could not be made for haulage between these points. As has already been noticed our legislature has thought fit to avoid the use of the word conveyance and has provided for maximum and minimum being prescribed for rates as defined in s. 3(13), viz., as charges for carriage . It is obvious that carriage which is charged for under the rates may include something in addition to the actual conveyance, viz., collection of goods ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any services rendered thereat. Whether or not therefore any services have been rendered thereat . that is, at the stations, sidings, wharves, depots, warehouses, cranes and other similar matters the other class of terminals in respect of these-stations, sidings, wharves, depots, warehouses, cranes and similar other matters remain. A further question thus arises as regards the interpretation of the phrase in respect of . Does it mean charges for the mere provision and maintenance of stations, sidings, depots, wharves, warehouses, cranes and other similar matters are the terminals or does it, contemplate charges only for use of sidings, stations, wharves, depots, warehouses, cranes and other similar matters? The words in respect of are wide enough to permit charges being made as terminals so long as any of these things, viz., stations, sidings, wharves, depots, warehouses, cranes and other similar matters have been provided and are being maintained. The question is whether the import of this generality of language should be cut down for any reason. It is well- settled that a limited interpretation has to be made on words used by the legislature in spite of the generality ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same charge as those who had made use of these, it is obvious that the interminable disputes that would arise between the Railway Administration and the Railway users, if the fact of user of stations, sidings and other things mentioned had to determine the amount payable, would be unhelpful not only to the Railway Administration but also to the using public. The sensible way was therefore to make a charge leviable for the mere, provision of these things irrespective of whether any use was made thereof. That was the reason why such wide words in respect of was used. We are therefore of opinion that the words in respect of used in s. 3(14) means for the provision of and not for the user of . It is worth considering in this connection that the definition of terminal charges in the Indian Act is a verbatim reproduction of the definition appearing in the English Railway and Canals Traffic Act, 1888 and that only three years before the English Parliament passed that Act an English Court had held in Hall Co. v. London, Brighton and South Coast Rly., Co. (2), that for the purposes of interpretation of section 51 of the London, Brighton, and South Coast Rly. Act, 1863 w ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
