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CARRIERS ACT

Ministry of Law and Justice

Act nº 3 of 1865


  • Schedules
  • Act nº 3 of 1865

Preamble

THE CARRIERS ACT, 1865

[Act, No. 3 of 1865]

[14th February, 1865]

PREAMBLE

An Act relating to the rights and liabilities of Common Carriers.

WHEREAS it is expedient not only to enable common carriers to limit their liability for loss of or damage to property delivered to them to be carried but also to declare their liability for loss of or damage to such property occasioned by the negligence or criminal acts of themselves, their servants or agents; It is enacted as follows :--

Section 1. Short title

This Act may be cited as the Carriers Act, 1865.

Section 2. Interpretation clause

In this Act, unless there be something repugnant in the subject or context, --

"common carrier" denotes a person, other than the Government, engaged in the business of 1 [transporting property under multinodal transport document or of] transporting for his re property from place to place, by land or inland navigation, forall persons indiscriminately;

"person" includes any association or body of persons, whether incorporated or not.

1. Inserted by Act 28 of 1993, section 31 and Schedule, Pt. I (c.f.o. 16-10-1992)


Section 3. Carriers not to be liable for loss of certain goods above one hundred rupees in value, unless delivered as such

No common carrier shall be liable for the loss of or damage to property delivered to him to be carried exceeding in value one hundred rupees and of the description contained in the Schedule to this Act, unless the person delivering such property to be carried, or some person duly authorised in that behalf, shall have expressly declared to such carrier or his agent the value and description thereof.

Section 4. For carrying such property payment may be required at rates fixed by carrier

Every such carrier may require payment for the risk undertaken in carrying property exceeding in value one hundred rupees and of the description aforesaid, at such rate of charge as he may fix:

Provided that, to entitle such carrier to payment at a rate higher than his ordinary rate of charge, he shall have caused to be exhibited in the place where he carries on the business of receiving property to be carried, notice of the higher rate of charge required, printed or written in English and in the vernacular language of the country wherein he carries on such business.

Section 5. The person entitled to recover in respect of property lost or damaged may also recover money paid for its carriage

In case of the loss or damage to property exceeding in value one hundred rupees and of the description aforesaid, delivered to such carrier to be carried, when the value and description thereof shall have been declared and payment shall have been required in manner provided for by this Act, the person entitled to recover in respect of such loss or damage shall also be entitled to recover any money actually paid to such carrier in consideration of such risk as aforesaid.

Section 6. In respect of what property liability of carrier not limited or affected by public notice. Carriers, with certain exceptions, may limit liability by special contract

The liability of any common carrier for the loss of or damage to any 1[property (including container pallet or similar article of transport used to consolidate goods) delivered] to him to be carried, not being of the description contained in the Schedule to this Act, shall not be deemed to be limited or affected by any public notice; but any such carrier, not being the owner of a railroad or tramroad constructed under the provisions of Act 22 of 1863 (to provide for taking land for works of public utility to be constructed by private persons or Companies, and for regulating the construction and use of works on land so taken) may, by special contract, signed by the owner of such property so delivered as last aforesaid or by some person duly authorised in that behalf by such owner, limit his liability in respect of the same.

1. Substituted by Act 28 of 1993, section 31 and Schedule, Pt I, for "property delivered" (c.f.o. 16-10-1992).


Section 7. Liability of owner of railroad or tramroad constructed under Act 22 of 1863, not limited by special contract. In what case owner of railroad or tramroad answerable for loss or damage

The liability of the owner of any railroad or tramroad constructed under the provisions of the said Act22 of 1863, for the loss of or damage to any 1[property including container, pallet or similar article of transport used to consolidate goods) delivered] to him to be carried, not being of the description contained in the Schedule to this Act, shall not be deemed to be limited or affected by any special contract; but the owner of such railroad or tramroad shall be liable for the loss of or damage to property delivered to him to be carried only when such loss or damage shall have been caused by negligence or a criminal act on his part or on that of his agents or servants.

1. Substituted by Act 28 of 1993, section 31 and Schedule, Pt I, for "property delivered" (c.f.o. 16-10-1992).


Section 8. Common carrier liable for loss or damage caused by neglect or fraud of himself or his agent

Notwithstanding anything herein before contained, every common carrier shall be liable to the owner for loss of or damage to any 1[property including container, pallet or similar article of transport used to consolidate goods delivered] to such carrier to be carried where such loss or damage shall have arisen from the criminal act of the carrier or any of his agents or servants and shall also be liable to the owner for loss or damage to any such property other than property to which the provisions of section 3 apply and in respect of which the declaration required by that section has not been made, where such loss or damage has arisen from the negligence of the carrier or any of his agents or servants.

1. Inserted by Act 28 of 1993, section 31 and Schedule, Pt I, for "property delivered" (c.f.o. 16-10-1992).


Section 9. Plaintiffs, in suits for loss, damage, or non-delivery, not required to prove negligence or criminal act

In any suit brought against a common carrier for the loss, damage or non-delivery of 1[goods including container, pallets or similar article of transport used to consolidate goods) entrusted] to him for carriage, it shall not be necessary for the plaintiff to prove that such loss, damage or non-delivery was owing to the negligence or criminal act of the carrier, his servants or agents.

1. Substituted by Act 28 of 1993, section 31 and Schedule, Pt. I, for "goods entrusted (c.f.o. 16-10-1992).


Section 10. Notice of loss or injury to be given within six months

No suit shall be instituted against a common carrier for the loss of, or injury to 1[goods including container, pallets or similar article of transport used to consolidate goods) entrusted] to him for carriage, unless notice in writing of the loss or injury has been given to him before the institution of the suit and within six months of the time when the loss or injury first came to the knowledge of the plaintiff.

1. Substituted by Act 28 of 1993, section 31 and Schedule, Pt. I, for "goods entrusted" (c.f.o. 16-10-1992).


Section 11. State Government to add to the Schedule

The State Government may, by notification in the Official Gazette, add to the list of articles contained in the Schedule to this Act, and the Schedule shall, on the issue of any such notification, be deemed to have been amended accordingly.

Schedules

Schedule

SCHEDULEGold and silver coin.

Gold and silver in a manufactured or unmanufactured state. Precious stones and pearls. Jewellery.

Time-pieces of any description. Trinkets.

Bills and hundis.

Currency notes of the Central Government, or notes of any Bank, or securities for payment of money, English or Foreign.

Stamps and stamped paper.

Maps, prints and works of art.

Writings.

Title-deeds.

Gold or silver plate or plated articles.

Glass.

China

Silk in a manufactured or unmanufactured state, and whether wrought up or not wrought other materials.

Shawls and lace.

Clothes and tissues embroidered with the precious metals or of which such metals form part.

Articles of ivory, ebony or sandal-wood.

Art pottery and all articles made of marble.

Furs.

Government securities. Opium.

Coral.

Musk, Itr, Sandal-wood oil, and other essential oils used in the preparation of itr or perfumes.

Musical and scientific instruments.

Feathers.

Narcotic preparations or hemp.

Crude India-rubber.

Jade, Jade-stone and amber.

Gooroochand or Gooroochandan.

Cinematograph films and apparatus.

Zahir Mohra Khatai.

Platinum.

Iridium.

Palladium.

Radium and its preparations.

Tantalum.

Osmium.

Ruthenium.

Rhodium.

Agar wood.