1ACT NO.3 OF 1865
[AS ON
1956]
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:-
Comment: The object of the
Act was not only to limit the liability of the carriers, but also to
declare the liability if the carriers any contract of bargain which
seeks to defeat the liability of the carriers as enacted by law
would defeat the provisions of the Act. M/s. M.G. Brothers Lorry Service
v. M/s. Prasad Textiles
AIR 1984 SUPREME COURT 15
1.Short title.- This Act
may be cited as the Carriers Act, 1865.
2.Interpretation-clause.-
In this Act, unless there be something repugnant in the subject or
context-
Common carrier.- "common carrier" denotes a person,
other than the Government, engaged in the business of transporting
for hire property from place to place, by land or inland navigation,
for all persons indiscriminately:
Person.- {Cf.definition in
s.3 (42) of the General Clauses Act, 1897 (10 of 1897)} "person"
includes any association for body of persons, whether incorporated
or not.
{The paragraph relating to "number" was rep.by Act 10
of 1914.}
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 authorized 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 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:
Proviso.- 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 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.
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 property 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 {See now the Land-Acquisition
Act, 1894 (1 of 1894), s.2} 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 authorized in that behalf by such owner, limit his
liability in respect of the same.
{S.7 (so far as it relates to
railways) has been rep.by the Indian Railways Act, 1890 (9 of 1890)
s.72.} 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 {See now the Land-Acquisition Act, 1894
(1 of 1894), s.2} Act 22 of 1863, for loss of or damage to any
property 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.
8.Common carrier liable for
loss or damage caused by neglect or fraud of himself or his
agent.- Notwithstanding anything hereinbefore contained, every
common carrier shall be liable to the owner for loss of or damage to
any property delivered to such carrier to be carried where such loss
or damage shall have arisen from the {The words "negligence or" were
rep.by Act 13 of 1921, s 2} criminal act of the carrier or any of
his agents or servants {Ins., ibid} [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].
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 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.
{Ins by
Act 10 of 1899, s.2.The original section 10 had been rep.by Act 9 of
1890.}[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, 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.]
{Ins.by Act 13 of 1921, s.3} 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.]
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 Banks, 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.
Cloths and
tissues embroidered with the precious metals or of which such metals
form part.
Articles of ivory, ebony or sandal
wood.
{Ins.by Notification No.5299, dated 14th October, 1922,
see Gazette of India, 1922, Pt.I, p.1235} [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 of
hemp.
Crude India-rubber.
Jade, Jade-stone and
amber.
Gooroochand or Gooroochandan.
Cinematograph
films and apparatus.
Zahir Mohra Khatai.]
{Added by
Notification No.68-C(2), dated 3rd March, 1928, see Gazette of
India, 1928, Pt.I, p.329}
[Platinum.
Iridium.
Palladium.
Radium and its
preparations.
Tantalum.
Osmium.
Ruthenium.
Rhodium.]
{Added
by Notification No.68-C(4), dated 28th June, 1930, see ibid., 1930,
Pt.I, p.672} [Agarwood.]