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 :--
View Complete Act List Judgments citing this sectionThis Act may be cited as the Carriers Act, 1865.
View Complete Act List Judgments citing this sectionIn 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)
View Complete Act List Judgments citing this sectionNo 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.
View Complete Act List Judgments citing this sectionEvery 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.
View Complete Act List Judgments citing this sectionIn 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.
View Complete Act List Judgments citing this sectionThe 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).
View Complete Act List Judgments citing this sectionThe 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).
View Complete Act List Judgments citing this sectionNotwithstanding 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).
View Complete Act List Judgments citing this sectionIn 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).
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