claims.indianrail.gov.in Joint Internal Dispute Resolution Panel JIDRP Scheme

Organization : Joint Internal Dispute Resolution Panel
Facility : JIDRP Scheme

JIDRP Scheme : https://claims.indianrail.gov.in/
Home Page : https://claims.indianrail.gov.in/

JIDRP Scheme :

Scheme of Joint Internal Dispute Resolution Panel – as approved by Committee of Secretaries on 21.10.09 as a conciliation mechanism between Ministry of Railways and Ministry of Coal, Steel, Food & Petroleum.

Related : JIDRP Status : www.statusin.in/2615.html

Background:-
** The Hon’ble High Court, Delhi in case FAO No.62/2006 between Indian Oil Corporation and Indian Railways has directed Ministry of Railways to convene a meeting with Secretaries of concerned Ministries for setting up a Permanent Inhouse Dispute Resolution Mechanism to sort out pending compensation disputes between Indian Railways and various Ministries/PSUs.
** Views of Ministries concerned were placed before the Court. Accordingly, the Court in FAO No.67/2008 directed that panels envisaged should be set up within six months from the date of order dated 30.09.08, the limit which expires by the end of March, 2009.
** The Committee of Secretaries vide its minutes (circulated through OM No.551/2/3/2009-Cab.III dated 23.10.2009) approved the following scheme of Joint Internal Dispute Resolution Panel (JIDRP) on 21.10.2009 and the same will be operational w.e.f 01.11.2009.

JIDRP Scheme as approved by Committee of Secretaries:-
** JIDRP Scheme would act as a conciliation mechanism to settle disputes between the parties amicably and it is not expected to take over the functions of a Court.
** The disputes between Ministry of Railways & the specified Ministries of Government of India and their PSUs’ shall henceforth be first attempted to be resolved through this scheme.
** Apart from the Ministries notified below this scheme can be extended to other Ministries, if required.

The procedure to be adopted for the cases already pending in the RCT/other Courts has been given
Scope :
The Scheme will apply to the following notified Ministries and its PSUs i.e. Ministries of Railways, Coal, Steel, Food and Petroleum.

Approval of the Scheme and date of implementation :
The above mentioned scheme has been considered and approved in the Committee of Secretaries on 21.10.2009 and will be effective from 01.11.2009.

Review of the Scheme
The scheme shall be tried out for a year and then reviewed by the Committee of Secretaries.
Notification of the Scheme :
The respective Ministries will notify the scheme to the concerned officers & offices of PSUs. Any change in the Scheme or its procedure at a later stage will also be notified to them by concerned Ministry.

Composition of Panel :
There would be two levels of disputes resolution panel. The apex level panel of JIDRP would comprise of Secretary level officers from M/o Railways, M/o Law, and Ministry concerned of the PSU having dispute over compensation claim and Financial Commissioner of M/o Railways.

The apex panel would take up claim cases of amounts exceeding Rs. 10 lakh while the lower level panel would take up cases of amount below Rs. 10 lakh. The apex level panel may lay down guiding principles to ensure expeditious disposal of cases.

Decisions :
These panels would take decision only through consensus and their decisions would be binding on the parties involved in the case. If the case could not be decided by these panels due to persisting irreconcilable difference of opinion among its members, the parties could file their case in Court.

Appeal :
As the decisions are expected to be arrived at by consensus, no provision for appeal to COD needs to be provided. In this connection, it is made clear that both JIDRP and COD are non-legal bodies, attempting to encourage conciliation & they have no legal authority to pronounce rulings or function as judicial bodies.

Composition of Secretariat in Railway Board:-
The secretariat will consist of an Director/Deputy Secretary level officer from Traffic and Accounts Directorates of Ministry of Railways and a Director/Deputy Secretary level officer from each of the Ministries. They will be assisted by requisite staff drawn from Zonal Railways and or Railway Board.

Role & function of JIDRP Secretariat in Railway Board :
JIDRP Secretariat in Ministry of Railways will act as coordinator and keep liaison with Zonal Railways and other Ministries/PSUs. It will also coordinate sittings/visits of Panels, to any place if considered essential to understand the ground realities and its working will be akin to the Registry of RCT/ Courts.

Provision of staff/officers and perks for Penal Member of JIDRP Secretariat in Railway Board :
** General administrative rules will apply for Panel Members.
** The staff/officers in JIDRP’s Secretariat will be from Zonal Railways and Railway Board and will draw pay & allowance equivalent of the officer posted in Railway Board on similar Rank and other facilities commensurate with their entitlement.
** If required, the retired personnel could also be included in the Secretariat of JIDRP on terms and condition decided from time to time.

Working:-
** All Ministries/ PSUs will be advised to first approach to JIDRP for conciliation before taking any other legal recourse.
** The concerned Ministry/PSUs will prepare a note enlisting the grounds and issues on which difference of opinion or law exists and submit the same to Panel as part of conciliation mechanism with full field level & specific details and circumstances.
** The party preferring a claim against Railway or by the Railway against Ministry/PSU, will file a notice to the Secretariat of JIDRP.
** Railway & PSUs through its officers of the suitable rank will present the case to Panel on the given date to the relevant Panel.
** To start with all disputes on claims, wharfage, demurrage, refund of freight, punitive charges etc. will fall under the purview of JIDRP and any other item which JIDRP decides to look into in future.
** After the receipt of Note from Railways or PSUs, a brief of the case will be prepared by the staff of JIDRP secretariat for consideration and decision by the relevant Panel.
** Efforts will be made to decide the cases before JIDRP in not more than two sittings and in not more than two months time or well before time limit set by Act for filing of suit in Court.
** The sittings of JIDRP will generally be in the Ministry of Railways, Rail Bhavan, New Delhi or any other place so decided.
** Panels will meet at a frequency depending on the workload.
** The parties will not be entitled to take the assistance of a legal practitioner to present their case before JIDRP.
** For existing cases excluding those for which COD has granted permission, the concerned PSUs and Railways will move a joint application before the relevant courts inter-allia praying for adjournment of the cases till such time these are heard and settled by JIDRP.
** A web-enabled on-line Software will be developed quickly to help registration and processing of the cases and to dissipate information about JIDRP’s decisions etc.

Important Definitions:-
** “Panel” means two panels 1.e. Apex level and lower level. One for the cases above Rs.10 lac. and other for cases below Rs.10 lac.
** “Claim” means formal demand by the rightful claimant for compensation in respect of loss, destruction, damage deterioration or non-delivery of goods entrusted to the Railway Administration for carriage from one station to another.
** “Claimant” means the consignee is the rightful claimant entitled to compensation mentioned in the railway receipt. The consignor authorized by the consignee or authorized person of the consignee with the power of attorney at the initial stage can prefer the claims.
** “Demurrage” means the charge levied for the detention of any rolling stock after the expiry of free time, if any, allowed for such detention.
** “Wharfage” means the charge levied on goods for not removing them from the railway after the expiry of the free time for such removal.
** This Scheme has been legally vetted by Ministry of Law as directed by Committee of Secretaries.