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| Type | Commercial Circular |
|---|---|
| Topic | claims |
| Currency | Currency not verified |
section (2) by the consignor, the amount of liability of the railway administration for the loss, destruction, damage, deterioration or non-delivery of the consignment shall in no case exceed such amount calculated with reference to the weight of the consignment as may be prescribed, and where such consignment consists of an animal, the liability shall not exceed such amount as may be prescribed administration…
Sunday, July 28, 2024 E(NG)I/2020/PM1/8, Eligibility criteria Latest: ACTS THE RAILWAYS ACT Railways Act, 1989 Chapter-XI : Responsibilities Of Railway Administration As Carrier The Hermes SJ March 17, 2024 1 Comment Railways Act, 1989 Chapter-XI : Responsibilities Of Railway Administration As Carrier Chapter XI Responsibilities of Railway Administrations as Carriers 93. General Responsibility of a Railway Administration as Carrier of Goods Save as otherwise provided in this Act, a railway administration shall be responsible for the loss, destruction, damage or deterioration in transit, or non-delivery of any consignment, arising from any cause except the following, namely:- (a) Act of God; (b) Act of war; (c) Act of public enemies; (d) Arrest, restraint or seizure under legal process; (e) Orders or restrictions imposed by the Central Government or a State Government or by an officer or authority subordinate to the Central Government or a State Government authorized by it in this behalf; (f) Act or omission or negligence of the consignor or the consignee or the endorsee or the agent or servant of the consignor or the consignee or the endorsee; (g) Natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods; (h) Latent defects; (i) Fire, explosion or any unforeseen risk; Provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one or more of the aforesaid causes, the railway administration shall not be relieved of its responsibility for the loss, destruction, damage, deterioration or non- delivery unless the railway administration further proves that it has used reasonable foresight and care in the carriage of the goods. 94. Goods to be Loaded or Delivered at a Siding not belonging to a Railway Administration (1) Where goods are required to be loaded at a siding not belonging to a railway administration for carriage by railway, the railway administration shall not be responsible for any loss, destruction, damage or deterioration of such goods from whatever cause arising, until the wagon containing the goods has been placed at the specified point of interchange of wagons between the siding and the railway administration and a railway servant authorized in this behalf has been informed in writing accordingly by the owner of the siding. (2) Where any consignment is required to be delivered by a railway administration at a siding not belonging to a railway administration, the railway administration shall not be responsible for any loss, destruction, damage or deterioration or non-delivery of such consignment from whatever cause arising after the wagon containing the consignment has been placed at the specified point of interchange of wagons between the railway and the siding and the owner of the siding has been informed in writing accordingly by a railway by a railway servant authorized in this behalf. 95. Delay or Retention in Transit A railway administration shall not be responsible for the loss, destruction, damage or deterioration of any consignment proved by the owner to have been caused by the delay or detention in their carriage if the railway administration proves that the delay or detention arose for reasons beyond its control or without negligence or misconduct on its part or on the part of any of its servants. 96. Traffic Passing Over Railways in India and Railways in Foreign Countries Where in the course of carriage of any consignment from a place in India to a place outside India or from a place outside India to a place in India or from one place outside India to another place outside India or from one place in India to another place in India over any territory outside India, it is carried over the railways of any railway administration in India, the railway administration shall not be responsible under any of the provisions of this Chapter for the loss, destruction, damage or deterioration of the goods, f
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