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CONTENTS - Central Public Works Department

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248 SECTION 40<br />

(9) In doubtful cases, in which it is not possible to fix the responsibility definitely on the supplier or the<br />

carrier, the deficiency, breakage etc. together with the amount recoverable, should be indicated<br />

against paragraph 3 of the Receipt Certificate to enable the Pay and Accounts Officer (Supply) to<br />

make necessary recoveries. If it is found later on that the supplier is not responsible, a refund will<br />

be made to him and the consignee asked to write off the amount.<br />

(10) The bill for the recovery of compensation in case of losses or damages in transit in the case of<br />

contracts placed on F.O.R. station of despatch basis, should in all cases, where the carrier has<br />

been found responsible, be prepared against the carrier by the consignee and not by Purchase<br />

Officer. Any compensation recovered from the Railway will be credited to Government if it is held<br />

that supplier is not liable to loss or damage. If the supplier is held liable and the value is recovered<br />

from him, any amount recovered from the Railway will be paid to the supplier.<br />

(11) In cases where breakages, losses are frequent in respect of consignments despatched by a<br />

particular firm, the Inspection Wing will investigate the same and furnish the report to the DGS&D<br />

concerned, who will take further action on the merits of each case.<br />

(12) Claims on the Railway should be made by the consignee within 6 months of the receipt of the<br />

stores at destination, or otherwise it will be time-barred under the Railway Act. Once a claim is<br />

made within 6 months on the Railway Administration, a case against the Railway may be filed in<br />

the Railway Claims Tribunal. Where it is decided to pursue a claim in spite of its rejection by the<br />

local Railway authorities, the Ministry of Law may be consulted and furnished with full statement<br />

of facts expeditiously for their advice.

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