Rates Circular No. 47 of 2004

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
RAILWAY BOARD 

The General Managers(Comml.)
All Indian Railways. 

Sub:- Charging of freight for trainload indents - Partial cancellation of trainload indents.

1.0       The instructions laying down the conditions for application of trainload class rates were notified vide Ministry of Railway’s letter No.TCR/1017/91/2 dated 17.8.1998 (Rates Instruction No.49 of 1998) amended from time to time.  Zonal Railways have brought to the notice of the Board that there have been instances when rail users, after indenting for prescribed standard rake size, cancel their indents partially and do not load all the fit empty  wagons supplied to them in the rake.  Freight charges are being paid at wagon load class rates for the loaded wagons and the wagon registration fee is forfeited.  However, in such cases, the Railways are left with the choice of either running the train under load and incur the cost of empty haulage or detach the left-over empty wagons and thereby disturb the integrity of the rake.  The C&AG in its report had also observed that Railways are incurring loss due to avoidable empty haulage of wagons in such cases. 

2.0       The matter has been examined.  Ministry of Railways have decided that 

(i)     Whenever a rake is supplied against a trainload indent, the freight for entire rake on trainload class rate will be realized irrespective of the actual number of wagons loaded.  

(ii)    No piecemeal/part cancellation of full trainload indents will be permitted. 

(iii)    The consignor will have to load all the fit wagons supplied against full rake indents. 

(iv)     In case party fails to pay the freight as per above rules, the Railways reserve the rights to unload the consignment by engaging labour at the cost of the party. Wagon Registration Fees for all the wagons will be forfeited.  The demurrage charges will be recovered for the entire rake till the unloading is completed. Wharfage charges will be levied as per rules.  No free time for wharfage in such cases shall be allowed.  Railway may exercise lien over goods as per the  provision in the Railways’ Act to recover Railway dues.

(v)    The extant rules of permitting trainload class rate in cases when railway fails to supply full rake comprising of fit wagons shall continue to apply unchanged. 

3.0       This issues in consultation with Traffic Transportation Directorate and with the concurrence of Finance Directorate in the Ministry of Railways. 

4.0      These instructions will come into force with effect from 15.11.2004. 

5.0    Please issue instructions to all concerned for guidance and implementation and acknowledge receipt of this letter.

 (N.K.Parsuramka)
Joint Director, Traffic Commercial(R)
Railway Board