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Uniform rate for carriage of merchandise.
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12.—(1) The Minister may at any time by order (to be known and in this section referred to as a uniform rate order) direct that any particular merchandise when carried by rail by any specified railway company or railway companies on the conditions (in this section referred to as the special conditions) prescribed for such merchandise by such order shall be so carried at a rate (in this section referred to as a uniform rate) fixed in relation to each distance (in this section referred to as a prescribed distance) prescribed by such order in accordance with this section and whenever the Minister makes such an order a uniform rate shall be fixed under this section in respect of each prescribed distance and from and after the date on which such uniform rate becomes operative under this section while such order remains in force each such uniform rate shall be the rate which, notwithstanding any other enactments, shall be charged for the carriage of such merchandise on the special conditions by such company for the prescribed distance to which such rate relates.
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(2) In every uniform rate order the Minister shall specify the particular merchandise to which such order relates and the unit of quantity of such merchandise by reference to which the charge for the carriage of such merchandise shall be calculated and shall prescribe the special conditions for the carriage of such merchandise and the distances in respect of which uniform rates shall be fixed under such order.
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(3) The Minister may in any uniform rate order prescribe the distances in respect of which uniform rates shall be fixed under such order by prescribing a graduated scale of distances by fixing maximum distances, by reference to zones round any specific point, or in any other manner which the Minister may think fit.
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(4) The Minister may include in the special conditions prescribed by any uniform rate order conditions as to all or any of the following matters, that is to say:—
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(a) the minimum quantity in respect of which a uniform rate shall be chargeable;
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(b) loading and unloading;
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(c) packing;
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(d) the train services available for carriage;
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(e) liability for loss or damage;
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(f) any other matter which in the opinion of the Minister might reasonably affect the cost of transport.
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(5) Whenever the Minister makes a uniform rate order in relation to any merchandise it shall be the duty of any railway company specified therein within one month after the making of such order to estimate in accordance with this section in respect of each prescribed distance a uniform rate to be charged in respect of the carriage of such merchandise on the special conditions by such company for each such prescribed distance.
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(6) For the purpose of the estimation of a uniform rate by a railway company under the foregoing sub-section to be charged in respect of a prescribed distance for the carriage of any particular merchandise the following provisions shall have effect, that is to say:—
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(a) such company shall select a period (in this section referred to as the standard period) which in the opinion of such company is suitable, in the particular case, as a period for estimating the probable volume of traffic to be expected from the carriage of such merchandise for such prescribed distance;
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(b) if such company has carried any substantial quantity of such merchandise during any substantial period prior to the time of such estimation, and if no material change has taken place or is anticipated in the volume and conditions of traffic resulting from the carriage of such merchandise, the standard period shall be a period prior to such estimation;
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(c) if such company has not carried any substantial quantity of such merchandise during any substantial period prior to the time of such estimation, or if a material change has taken place or is anticipated in the volume and conditions of traffic, the standard period shall be, at the discretion of such company, partly before and partly after or wholly after such time;
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(d) if the standard period or part of the standard period is subsequent to the time of such estimation such company shall make an estimate of the probable volume of traffic for such prescribed distance resulting from the carriage of such merchandise during such standard period or such part of such standard period and such estimate shall for the purposes of this section be the volume of traffic for such standard period or such part of the standard period;
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(e) such company shall calculate the gross income from the volume of traffic for the standard period for such prescribed distance on the basis of the charges which have been or which would but for this section be made in respect of such traffic, making allowance for exceptional rates when such might have been applied or would be applicable, and shall estimate a uniform rate which would in the opinion of such company produce a similar gross income from the same volume of traffic carried for such prescribed distance in a period equal to the standard period.
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(7) Every uniform rate estimated by a railway company in accordance with the foregoing sub-section shall be submitted by such company to the Railway Tribunal forthwith and the Railway Tribunal, after hearing all parties desirous of being heard and appearing to it to be interested, shall fix the uniform rate either at the amount estimated by such company or at such other amount as may appear proper to the Railway Tribunal and shall appoint a date on which the uniform rate so fixed shall become operative and every uniform rate so fixed shall become operative on the date so appointed.
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(8) Every uniform rate fixed by the Railway Tribunal under this section shall be reviewed by it on the expiration of every calendar year from the date on which such uniform rate was fixed and the Railway Tribunal may upon any such review make such modification as it may think proper in such uniform rate.
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(9) The Minister may in any uniform rate order direct that such order shall apply to the carriage of the particular merchandise specified therein by canal or by canal and road and may if he thinks that the circumstances so require prescribe by such order special conditions for the carriage of such merchandise by canal or by canal and road either in addition to or in substitution for any other special conditions prescribed thereby and thereupon this section shall apply to the carriage of such merchandise by canal or by canal and road as if a canal company were a railway company and the special conditions for the carriage of such merchandise by canal or by canal and road prescribed by such order shall be special conditions for the carriage of such merchandise when carried by canal or by canal and road.
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(10) The Minister may in any uniform rate order direct that such order shall apply to the carriage of the particular merchandise specified therein by the road services of a railway company as if such road services formed part of the railway services of such company and whenever the Minister so directs the provisions of this section shall apply to such railway company and to the carriage of such merchandise by such company as if such road services formed part of the railway services of such company and carriage by road were carriage by rail by such company.
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(11) The Minister may in any uniform rate order direct that a separate uniform rate shall be fixed for the carriage of the merchandise specified in such order by road by any railway company and may if he thinks that the circumstances so require specify in such order special conditions for the carriage of such merchandise by road either in addition to or in substitution for any other special conditions prescribed thereby and thereupon this section shall apply as if carriage by road were carriage by rail by such company and the special conditions for the carriage of such merchandise by road shall be special conditions for the carriage of such merchandise when carried by road by such company and a uniform rate shall be fixed for such carriage independently of any uniform rate fixed for the carriage of any merchandise by rail by such company.
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(12) The Minister may by order made under this sub-section, revoke, amend, or vary any uniform rate order.
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