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The Railways Act, 1890

( ACT NO. IX Of 1890 )

Chapter VII

RESPONSIBILITY OF THE RAILWAY ADMINISTRATIONS AS CARRIERS

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 1[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.

  • 1
    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)
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