Rates Circular No. 25 of 2003

Government of India
Ministry of Railways
Railway Board

The General Manager (Comml),
All Indian Railways.

       Sub: Time -limit for first application and appeal for Waiver/refund of demurrage/wharfage charges.

          Ref:   Board's letter No.TC-I/2001/201/5 dated 2.1.2002

            Rates Instruction 1 of 2002 conveyed that the time limit for submission of the first application for waiver of demurrage/wharfage charges shall  be 60 (sixty)days from the date of accrual of such charges.  These instructions also stipulated a time limit for preferring appeals against the decision of a lower authority as 60 (sixty) days from the date of order of the lower authority against whom an appeal is made. 

Instances have come to the notice of Board that Railways are facing difficulties in considering time-barred applications for demurrage cases.  Board have reviewed the matter and decided that full powers be delegated to General Managers of Zonal Railways to permit condonation of delay in  time-barred applications for waiver of demurrage/wharfage in consultation with the FA&CAO of the railway, provided the reasons for the delay beyond 60(sixty) days are found to be satisfactory by the competent authority.  Once condonation of delay has been permitted by General Manager, the waiver in such cases shall be dealt with in accordance with the schedule of powers laid down for the consideration of the case.   

This delegation for consideration of time-barred cases has, however, not been provided for appeals on applications already considered by a lower authority. 

All other terms and conditions being observed in the consideration of   waiver/refund of demurrage/wharfage charges continue to apply unchanged.   

The powers of condonation of delay of time-barred wharfage/demurrage cases are to be exercised by the General Managers alone and no re-delegation of these powers to lower authorities is permissible.   

 This issues with the concurrence of the Finance Directorate in the Ministry of Railways.                                                                                                 

Please issue necessary instructions to all concerned