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S.I. No. 659/1935 -- The Railway Tribunal (Additional) Rules, 1935.

S.I. No. 659/1935 -- The Railway Tribunal (Additional) Rules, 1935. 1935 659

No. 659/1935:

THE RAILWAY TRIBUNAL (ADDITIONAL) RULES, 1935.

THE RAILWAY TRIBUNAL (ADDITIONAL) RULES, 1935, DATED THE 10th DAY OF DECEMBER, 1935, MADE BY THE RAILWAY TRIBUNAL WITH THE APPROVAL OF THE MINISTER FOR INDUSTRY AND COMMERCE AND THE CHIEF JUSTICE.

The Railway Tribunal with the approval of the Minister for Industry and Commerce and the Chief Justice, by virtue of the Railways Act, 1924 , the Road Transport Act, 1933 , and all other powers in this behalf enabling hereby make the following Rules :—

1. These Rules may be cited as the Railway Tribunal (Additional) Rules, 1935, and shall come into operation on the 31st day of December, 1935.

2. Rules 52, 62 (5) and 85 of the Railway Tribunal Rules, 1926, are hereby rescinded, and in lieu of Rules 52 and 62 (5) thereof, the following Rules are hereby made :—

52. The Court or the Registrar may, by consent of the parties to any proceedings before it or on the application of either party, order any point of law raised by the pleadings to be set down for hearing and disposed of at any time before the hearing of the application. The argument of such point of law shall take place before the Court, and if, in the opinion of the Court, the decision of such point of law substantially disposes of the whole application, the Court may order that the argument shall be the hearing of the case, and thereupon may grant or dismiss the application, or make such order thereon as to the Court may seem just.

62 (5). Where in the Railways Acts, 1924 to 1933, or any other Act conferring jurisdiction on the Court it is prescribed that a certificate of the Minister must be obtained to entitle any person to make any application or to appear in opposition to or otherwise intervene in any matter before the Court, the person who has obtained such certificate shall file it with the Registrar before or at the time of availing of the purpose for which it was given.

3. The Railway Tribunal Rules, 1926 (as hereinbefore amended) shall apply to proceedings before the Court under the Road Transport Act, 1933 , as amended by the Road Transport Act, 1934 ; and without detracting from the generality of this Rule, Rule 91 shall apply to the said proceedings as if the caption thereof were omitted, and Rule 95 shall apply to the said proceedings substituting for the Table of Fees therein mentioned the Table of Fees in the Schedule hereto.

4. Applications under Sections 38 , 39 , 40 and 41 of the Road Transport Act, 1933 , shall be brought in accordance with Rule 8.

Dated this 10th day of December, 1935.

SCHEDULE.

		£	s.	d.
1.	Receiving and filing every application or statement of case or answer thereto	1	0	0
2.	Receiving and filing every reply, affidavit or other proceeding	0	2	6
	(Note.—No extra charge is to be made for documents that may accompany any application, answer, reply or affidavit).
3.	Every summons upon interlocutory proceedings	0	5	0
4.	Every notice of motion before the Court	0	5	0
5.	Every Order made on a summons or motion	0	5	0
6.	For every appointment for hearing of a cause	0	5	0
7.	Every process for the attendance of witnesses	0	5	0
8.	Office copies of documents (per folio)	0	0	6
9.	Every hearing not in the nature of an interlocutory proceeding, each day	2	2	0
10.	Every decision of a cause	1	0	0
11.	On drawing up and issuing under Seal an Order made in the Court	1	0	0
12.	On filing a notice of Appeal to the Court—Interlocutory	1	0	0
	On filing a notice of Cross Appeal to the Court—Interlocutory	0	10	0
	On sealing Order made on the hearing of an Appeal interlocutory	1	0	0
13.	On the allowance of the result of taxation two and a half per cent. on the amount allowed in the bill of costs, provided that in any case a fraction of 6d. shall be reckoned as 6d.

NOTES.

(1) No fees are payable by the Minister for Industry and Commerce in respect of proceedings before the Railway Tribunal.

(2) Any day fee payable for the hearing of the case or in respect of an assessor shall be paid before the day of hearing by the party who has applied for the hearing, unless the Court otherwise orders.

(3) The fees payable on interlocutory applications shall be paid before the Order is sealed and filed.

(4) The fees on appeal are governed by the rules of the Court to which the appeal lies.

(5) The fees in this Schedule have been fixed by Order made by the Minister for Industry and Commerce on the recommendation of the Railway Tribunal, and with the sanction of the Minister for Finance, and may be altered or varied in like manner.