Lawgist99Responsibility of a railway administration after termination of transit
(1) A railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872 (9 of 1872), for the loss, destruction, damage, deterioration or non-delivery of any consignment up to a period of seven days after the termination of transit:
Provided that where the consignment is at owners risk rate, the railway administration shall not be responsible as a bailee for such loss, destruction, damage, deterioration or non-delivery except on proof of negligence or misconduct on the part of the railway administration or of any of its servants.
(2) The railway administration shall not be responsible in any case for the loss, destruction, damage, deterioration or non-delivery of any consignment arising after the expiry of a period of seven days after the termination of transit.
(3) Notwithstanding anything contained in the foregoing provisions of this section, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of perishable goods, animals, explosives and such dangerous or other goods as may be prescribed, after the termination of transit.
(4) Nothing in the foregoing provisions of this section shall affect the liability of any person to pay any demurrage or wharfage, as the case may be, for so long as the consignment is not unloaded from the railway wagons or removed from the railway premises.
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- 93 General responsibility of a railway administration as carrier of goods
- 94 Goods to be loaded or delivered at a siding not belonging to a railway administration
- 95 Delay or detention in transit
- 96 Traffic passing over railways in India and railways in foreign countries
- 97 Goods carried at owner’s risk rate
- 98 Goods in defective condition or defectively packed
- 99 Responsibility of a railway administration after termination of transit
- 100 Responsibility as carrier of luggage
- 101 Responsibility as a carrier of animals
- 102 Exoneration from liability in certain cases
- 103 Extent of monetary liability in respect of any consignment
- 104 Extent of liability in respect of goods carried in open wagon
- 105 Right of railway administration to check contents of certain consignment or luggage
- 106 Notice of claim for compensation and refund of overcharge
- 107 Applications for compensation for loss, etc., of goods
- 108 Person entitled to claim compensation
- 109 Railway administration against which application for compensation for personal injury is to be filed
- 110 Burden of proof
- 111 Extent of liability of railway administration in respect of accidents at sea
- 112 Power to make rules in respect of matters in this Chapter
