24. Transfer of pending cases.—(1) Every suit, claim or other legal proceeding
(other than an appeal) pending before any court, Claims Commissioner or other authority immediately
before the appointed day, 1
[
2
[or the date of commencement of the provisions of sub-section (1A), or, as
the case may be the date of commencement of the provisions of sub-section (1B)] of section 13] being a
suit, claim or proceeding the cause of action whereon it is based is such that it would have been, if it had
arisen after the appointed day, 1
[
2
[or the date of commencement of the provisions of sub-section (1A), or,
as the case may be the date of commencement of the provisions of sub-section (1B)] of section 13] within
the jurisdiction of the Claims Tribunal, shall stand transferred on 3
[that day or, as the case may be, date]
to the Claims Tribunal.
(2) Where any suit, claim or other legal proceeding stands transferred from any court, Claims
Commissioner or other authority to the Claims Tribunal under sub-section (1),—
1. Ins. by Act 28 of 1994, s. 13 (w.e.f. 1-8-1994).
2. Subs. by Act 7 of 2017, s. 162, for “or, as the case may be, the date of commencement of the provisions of sub-section (1A)”
(w.e.f. 26-5-2017).
3. Subs. by Act 28 of 1994, s. 13, for “that day” (w.e.f. 1-8-1994).
10
(a) the court, Claims Commissioner or other authority shall, as soon as may be after such transfer,
forward the records of such suit, claim or other legal proceeding to the Claims Tribunal;
(b) the Claims Tribunal may, on receipt of such records, proceed to deal with such suit, claim or
other legal proceeding, so far as may be, in the same manner as an application, from the stage which
was reached before such transfer or from any earlier stage or de novo as the Claims Tribunal may
deem fit.
25. Proceedings before Claims Tribunal to be judicial proceedings.—All proceedings before the
Claims Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and
228 of the Indian Penal Code (45 of 1860).
26. Members and staff of Claims Tribunal to be public servants.—The Chairman, Vice-Chairman
and other Members and the officers and other employees of the Claims Tribunal shall be deemed to be
public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
27. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall
lie against the Central Government or against the Chairman, Vice-Chairman or other Member, or any
other person authorised by the Chairman, Vice-Chairman or other Member for anything which is in good
faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
28. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being in force or in any instrument
having effect by virtue of any law other than this Act.
29. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing
the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the
appointed day.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each
House of Parliament.
30. Power to make rules.—(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any
of the following matters, namely:—
(a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or
incapacity of the Chairman, Vice-Chairman or other Member;
(b) salaries and allowances payable to, and the other terms and conditions of service
(including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other
Members under section 9;
(c) the financial and administrative powers which the Chairman may exercise over the Benches
under section 11;
(d) the salaries and allowances and conditions of service of officers and other employees of the
Claims Tribunal under sub-section (3) of section 12;
(e) the form of application, the documents and other evidence to be accompanied with such
application and fee in respect of filing of such application and fee for the service or execution of
processes under sub-section (2) of section 16;
(f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure
under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may
exercise powers of civil court under clause (i) of sub-section (3) of that section;
(g) any other matter which is required to be, or may be, prescribed.
11
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House
of Parliament, while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of on effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.
1
[30A. Power to make rules retrospectively.—The power to make rules under clause (b) of
sub-section (2) of section 30 shall include the power to make such rules or any of them retrospectively
from a date not earlier than the date on which this Act received the assent of the President, but no such
retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person
to whom such rule may be applicable.]
[Chapter VII.—Amendments to the Railways Act.] Rep. by the Repealing and Amending Act, 2001
(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001).