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The Railways Act, 1890

( ACT NO. IX Of 1890 )

Chapter VII

RESPONSIBILITY OF THE RAILWAY ADMINISTRATIONS AS CARRIERS

Measure of the general responsibility of the railway administration as a carrier of animals and goods
72. (1) The responsibility of the railway administration for the loss, destruction or deterioration of animals or goods delivered to the administration to be carried by the railway shall, subject to the other provisions of this Act, be that of a bailee under sections 151, 152 and 161 of the Contract Act, 1872.(2) An agreement purporting to limit that responsibility shall, in so far as it purports to effect such limitation, be void, unless it-
 
 
(a) is in writing signed by or on behalf of the person sending or delivering to the railway administration the animals or goods, and
 
 
(b) is otherwise in a form approved by the Government.
 
 
(3) Nothing 1[* * *] in the Carriers Act, 1865, regarding the responsibility of common carriers with respect to the carriage of animals or goods, shall affect the responsibility as in this section defined of the railway administration.
Further provision with respect to the liability of the railway administration as a carrier of animals
73. (1) The responsibility of the railway administration under the last foregoing section for the loss, destruction or deterioration of animals delivered to the administration to be carried on the railway shall not, in any case, exceed-
 
 
(a) in the case of elephants, one thousand five hundred Taka per head,
 
 
(b) in the case of horses, seven hundred and fifty Taka per head,
 
 
(c) in the case of mules, camels or horned cattle, two hundred Taka per head, and
 
 
(d) in the case donkeys, sheep, goats, dogs or other animals, thirty Taka per head,
 
 
unless the person sending or delivering them to the administration caused them to be declared or declared them, at the time of their delivery for carriage by the railway, to be respectively of higher value than one thousand five hundred, seven hundred and fifty, two hundred or thirty Taka per head, as the case may be.
 
 
(2) Where such higher value has been declared, the railway administration may charge, in respect of the increased risk, a percentage upon the excess of the value so declared over the respective sums aforesaid.
 
 
(3) In every proceeding against the railway administration for the recovery of compensation for the loss, destruction or deterioration of any animal, the burden of proving the value of the animal, and, where the animal has been injured, the extent of the injury, shall lie upon the person claiming the compensation.
Further provision with respect to the liability of the railway administration as a carrier of luggage
74. The railway administration shall not be responsible for the loss, destruction or deterioration of any luggage belonging to or in charge of a passenger unless the railway servant has booked and given a receipt therefor.
Further provision with respect to the liability of the railway administration as a carrier of articles of special value
75. (1) When any articles mentioned in the second schedule are contained in any parcel or package delivered to the railway administration for carriage by the railway, and the value of such articles in the parcel or package exceeds three hundred Taka, the railway administration shall not be responsible for the loss, destruction or deterioration of the parcel or package unless the person sending or delivering the parcel or package to the administration caused its value and contents to be declared or declared them at the time of the delivery of the parcel or package for carriage by the railway, and, if so required by the administration, paid or engaged to pay a percentage on the value so declared by way of compensation for increased risk.
 
 
(2) When any parcel or package of which the value has been declared under sub-section (1) has been lost or destroyed or has deteriorated, the compensation recoverable in respect of such loss, destruction or deterioration shall not exceed the value so declared, and the burden of proving the value so declared to have been the true value shall, notwithstanding anything in the declaration, lie on the person claiming the compensation.
 
 
(3) The railway administration may make it a condition of carrying a parcel declared to contain any article mentioned in the second schedule that the railway servant authorised in this behalf has been satisfied by examination or otherwise that the parcel actually contains the article declared to be therein.
Burden of proof in suits in respect of loss of animals or goods
76. In any suit against the railway administration for compensation for loss, destruction or deterioration of animals or goods delivered to the railway administration for carriage by the railway, it shall not be necessary for the plaintiff to prove how the loss, destruction or deterioration was caused.
Notification of claims to refunds of overcharges and to compensation for losses
77. A person shall not be entitled to a refund of an over charge in respect of animals or goods carried by the railway or to compensation for the loss, destruction or deterioration of animals or goods delivered to be so carried, unless his claim to the refund or compensation has been preferred in writing by him or on his behalf to the railway administration within six months from the date of the delivery of the animals or goods for carriage by the railway.
Exoneration from responsibility in case of goods falsely described
78. Notwithstanding anything in the foregoing provisions of this Chapter, the railway administration shall not be responsible for the loss, destruction or deterioration of any goods with respect to the description of which an account materially false has been delivered under sub-section (1) of section 58 if the loss, destruction or deterioration is in any way brought about by the false account, nor in any case for an amount exceeding the value of the goods if such value were calculated in accordance with the description contained in the false account.
Settlement of compensation for injuries to officers, soldiers, airmen and followers on duty
79. Where an officer, soldier, sailor, airman or follower, while being or travelling as such on duty upon the railway
 
 
2[* * *], loses his life or receives any personal injury in such circumstances that, if he were not an officer, soldier, sailor, airman or follower being or travelling as such on duty upon the railway, compensation would be payable under Act No. XIII of 1855 or to him, as the case may be, the form and amount of the compensation to be made in respect of the loss of his life or his injury shall, where there is any provision in this behalf in the military, naval or air-force regulations to which he was immediately before his death, or is, subject, be determined in accordance with those regulations, and not otherwise.
Suits for compensation for injury to through-booked traffic
80. Notwithstanding anything in any agreement purporting to limit the liability of the railway administration with respect to traffic while on the railway of another administration, a suit for compensation for loss of the life of, or personal injury to, a passenger, or for loss, destruction or deterioration of animals or goods where the passenger was or the animals or goods were booked through over the railways of two or more railway administrations, may be brought either against the railway administration from which the passenger obtained his pass or purchased his ticket, or to which the animals or goods were delivered by the consignor thereof, as the case may be, or against the railway administration on whose railway the loss, injury, destruction or deterioration occurred.
[Repealed]
81. [Repealed by section 5 of the Indian Railway Amendment Act, 1896 (Act No. IX of 1896).]
Limitation of liability of the railway administration in respect of accidents at sea
82. (1) When the railway administration contracts to carry passengers, animals or goods partly by the railway and partly by sea, a condition exempting the railway administration from responsibility for any loss of life, personal injury or loss of or damage to animals or goods which may happen during the carriage by sea from the act of God, the enemies of Bangladesh, fire, accidents from machinery, boilers and steam and all and every other dangers and accidents of the seas, rivers and navigation of whatever nature and kind soever shall, without being expressed, be deemed to be part of the contract, and, subject to that condition, the railway administration shall, irrespective of the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of life, personal injury or loss of or damage to animals or goods which may happen during the carriage by sea, to the extent to which it would be responsible under the 3[Merchant Shipping Act, 1894], if the ship were registered under the former of those Acts and the railway administration were owner of the ship, and not to any greater extent.
 
 
(2) The burden of proving that any such loss, injury or damage as is mentioned in sub-section (1) happened during the carriage by sea shall lie on the railway administration.
Liability of the Railway Administration in respect of accidents to trains carrying passengers
4[82A. (1) When in the course of working the railway an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then, whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a person who has been injured or has suffered loss to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding any other provision of law to the contrary, be liable to pay compensation to the extent set out in sub-section (2) and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction or deterioration of animals or goods owned by the passenger and accompanying the passenger in his compartment or on the train, sustained as a result of such accident.
 
 
(2) The liability of the railway administration under this section shall in no case exceed ten thousand Taka in respect of any one person.]

  • 1
    The words “in the common law of England or” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 2
    The words and commas “belonging to, and worked by, the Government or an Acceding State” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 3
    The words, commas and figure “Merchant Shipping Act, 1894,” were substituted, for the words, commas and figures “Merchant Shipping Act, 1854, and the Merchant Shipping Act, Amendment Act, 1862,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 4
    Section 82A was inserted by section 2 of the Indian Railways (Amendment) Act, 1943 (Act No. III of 1943)
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Ministry of Law, Justice and Parliamentary Affairs