The Carriers Act, 1865

The Carriers Act, 1865

The Carriers Act, 1865

[Act No. 3 of 1865]

[14th February1865]

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

Preamble. -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:

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 hire property from place to pace, by land or in land navigation, for all persons indiscriminately;

“Person” includes any association or body of persons, whether incorporated or not.

Ins. by Act 28 of 1993 sec. 31 Sch., Pt. I (w.r.e.f. 16-10-1992)

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.

4. For carrying such property payment may he 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.

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

In cases of the loss or damages 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 any money actually paid to such carrier in consideration of such risk as aforesaid.

6. In respect of what property liability of carrier not limited or affected by public notice. Carriers, with certain exception, 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. Subs. by Act 28 of 1993, sec. 31 and Sch., Pt. I, for property delivered (w.r.e.f. 16-10-1992 ).

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 Act 22 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.

Subs. by Act 28 of 1993, sec. 31 and Sch., Pt. I for property delivered (w.r.e.f. 16-10-1992).

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

Notwithstanding anything hereinafter 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 of 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 of 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.

Subs. by Act 28 of 1993, sec. 31 and Sch., Pt. I, for peoperty delivered (w.r.e.f. 16-10-1992).

9. Plaintiffs, in suit 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.

Subs. by Act 28 of 1993, sec. 31 and Sch., Pt. I, for goods entrused (w.r.e.f. 16-10-1992).

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.

Subs. by Act 28 of 1993, sec. 31 and Sch., Pt. I, for goods entrusted (w.r.e.f. 16-10-1992).

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 amended to have been amended accordingly.

12. SCHEDULE

SCHEDULE

Gold 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 up with 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 other 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.

Ruthenium.

Rhodium.

Agarwood.

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