JUDGMENT D.S. Sinha, J. - By means of these petitions, under Article 226 of the Constitution of India, the petitioners pray that R. 161-A of the Goods Tariff No. 37, Part-I (Vol. 1), in so far as it authorises Railway Administration to charge penal rate in case of excess loading of wagon, be struck down and the railway authorities be directed to refund such penal charges already charged. 2. It has not been disputed before us that R. 161-A aforesaid, is in the nature of condition which the railway administration is empowered to impose for receiving, forwarding or delivering of any animals or goods under S. 54 of the Indian Railways Act. 1890 and the said rule reads as follows : "Rule 161-A - Penalty for loading commodities in loose condition beyond the permissible carrying capacity of the wagon. While loading commodities in loose, consignors must not exceed the permissible carrying capacity of the wagon used or any reduced carrying capacity that may be required in the circumstances referred to in R. 163. Should overweight be discovered at the booking point or enroute or at the destination, such overweight beyond the permissible carrying capacity of the wagon used will, notwithstanding anything contained in this tariff or in any other rule or instructions, be charged as under from the forwarding station to the destination : (1) If the overweight above the permissible carrying capacity of the wagon is two tonnes or less per wagon, whether a four wheeled, six wheeled or bogie wagon, such overweight will be charged at the trainload/wagonload rate, as the case may be, applicable to the commodity. (2) If the overweight beyond the permissible carrying capacity exceeds two tonnes, but does not exceed three tonnes per wagon, the overweight beyond the permissible capacity plus two tonnes will be charged at the `Smalls' rate applicable to the commodity. (3) If the overweight beyond the permissible carrying capacity exceeds the limit of three tonnes per wagon the entire overweight in excess of the permissible carrying capacity will be charged at double the `smalls' rate applicable to the commodity." 3. The only contention advanced before us for assailing R. 161A is that it is in conflict with the provisions of S. 53 of the Indian Railways Act, 1890, and, under S. 54, the railway administration cannot impose any condition which is inconsistent with any provisions of the aforesaid Act. The only contention advanced before us for assailing R. 161A is that it is in conflict with the provisions of S. 53 of the Indian Railways Act, 1890, and, under S. 54, the railway administration cannot impose any condition which is inconsistent with any provisions of the aforesaid Act. S. 53 reads thus : - "53 Maximum carrying capacity for wagons - (1) The gross weight of every wagon or truck bearing on the axles when the wagon or truck is loaded to its maximum carrying capacity shall not exceed such limit as may be fixed by the Central Government for the class of axle under the wagon or truck. (2) Subject to the limit fixed under sub-sec. (I) every railway administration shall determine the normal carrying capacity for every wagon or truck in its possession and shall exhibit the words and figures representing the normal carrying capacity so determined in a conspicuous manner on the outside of every such wagon or truck. (3) Every person owning a wagon or truck which passes over a railway shall similarly determine and exhibit the normal carrying capacity for the wagon or truck. (4) Notwithstanding anything contained in sub-sec. (2) or sub-sec. (3), where a railway administration thinks it necessary or expedient so to do in respect of any wagon or truck carrying any specified class of goods or any class of wagons or trucks of any specified type, it may, by notification, vary the normal carrying capacity for such wagon or truck or such class of wagons or trucks and, subject to such conditions as it may think fit to impose, determine for the same such carrying capacity as may be specified in the notification and it shall not be necessary to exhibit the words and figures representing the carrying capacity so determined on the outside of such wagon or truck or such class of wagons or trucks. Provided that in no case the gross weight of such wagon or truck or such class of wagons or trucks shall exceed the limit fixed under sub-sec. (l) for the class of axle under the wagon or truck." 4. Inconsistency sought to be demonstrated is that whereas, under S. 53 of the Act, railway administration is prohibited from loading in the wagon in excess of the maximum carrying capacity. (l) for the class of axle under the wagon or truck." 4. Inconsistency sought to be demonstrated is that whereas, under S. 53 of the Act, railway administration is prohibited from loading in the wagon in excess of the maximum carrying capacity. Rule 161A indirectly permits loading of the wagon beyond the permissible capacity of the wagon and charge penalty for the loading beyond the permissible carrying capacity. 5. From the perusal of R. 161A it is abundantly clear that consignors of the commodities are ordained not to load in the wagon beyond the permissible carrying capacity of the wagon. The rule envisages that if the mandate against loading beyond the permissible carrying capacity of the wagon is violated, excess would be charged at certain penal rates. Rule contemplates that the discovery of overweight can be either at the hooking point or enroute or at the destination. The loading in the wagon is done by or on behalf of consignors and the railway administration has no hand in the loading of the wagon. The instructions against the loading in excess of the carrying capacity is obviously for the reasons of safety. The contention that the railway administration are permitting loading of the wagon in excess of its carrying capacity is misconceived and unfounded. As a matter of fact, R. 161A is designed to achieve the object of prohibition against excess loading and ensure safety as would be evident from the existence of stipulation in the rule with regard to the penalty for violation of the prohibition against the loading of the wagon beyond its carrying capacity. We do not find any inconsistency or conflict between the provisions contained in R. 161 A and the provisions of S. 53 of the Indian Railways Act, 1890. 6. There is another aspect of the matter which we must notice. The Court is called upon to strike the provisions of R. 161A on the basis of alleged inconsistency with the provisions of S. 53 of the Indian Railways Act, 1890. This Act has been repealed in its entirety by S. 200 of the Railways Act, 1989, which came into force with effect from 1st .tune, 1990. vide Gazette notification No. S.O. 4751 E) dated 12th June, 1990, published in Gazette of India, Extraordinary, No. 321 Part 11, Section 3(ii), dated 12th June, 1990. This Act has been repealed in its entirety by S. 200 of the Railways Act, 1989, which came into force with effect from 1st .tune, 1990. vide Gazette notification No. S.O. 4751 E) dated 12th June, 1990, published in Gazette of India, Extraordinary, No. 321 Part 11, Section 3(ii), dated 12th June, 1990. Indian Railways Act, 1890, S. 53 whereof is being relied upon by the petitioners, no longer exists on the Statute Book and as such Rule 161 A. under reference, cannot be held to be inconsistent or in conflict with S. 53, aforesaid, after 1st June, 1990, the date of enforcement of the Railways Act, 1989. 7. No inconsistency or conflict between R. 161A and any provision of the re-enacted Railways Act. 1989 has either been pleaded or demonstrated to exist. Rule 161 A continues to be endowed with life by virtue of S. 24 of the General Clauses Act, 1897 not withstanding the repeal of Indian Railways Act. 1890 where under the rule was made. 8. For the foregoing reasons, we are clearly of the opinion that these petitions have no force. The petitions are, therefore, dismissed but there shall be no order as to costs.