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    <title>2014 (9) TMI 1242 - KERALA HIGH COURT</title>
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    <description>The note explains that a rate circular fixing demurrage could validly operate as an order of the Central Government, and the Railway Board was not deprived of that function by the Railways Act, 1989. It further states that authorising designated railway officers to implement an already fixed rate in congestion situations was not impermissible sub-delegation, because the rate itself had been fixed by the Government and only its implementation was delegated subject to conditions. The text also notes that Gazette publication was not required where the statute imposed no such mandate, and that local difficulties or alleged lack of amenities did not bar levy of penal demurrage under a uniform national tariff regime.</description>
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    <pubDate>Wed, 03 Sep 2014 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=297533</link>
      <description>The note explains that a rate circular fixing demurrage could validly operate as an order of the Central Government, and the Railway Board was not deprived of that function by the Railways Act, 1989. It further states that authorising designated railway officers to implement an already fixed rate in congestion situations was not impermissible sub-delegation, because the rate itself had been fixed by the Government and only its implementation was delegated subject to conditions. The text also notes that Gazette publication was not required where the statute imposed no such mandate, and that local difficulties or alleged lack of amenities did not bar levy of penal demurrage under a uniform national tariff regime.</description>
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