THE CARRIERS ACT [INDIA ACT III, 1865.]

(14th February, 1865.)

  1. In this Act, unless there be something repugnant in the subject or context, –

“common carrier” denotes a person, other than the Government and any railway administration, engaged in the business of transporting for hire property from place to place, by land or inland navigation, for all persons indiscriminately.

  1. No 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 authorized in that behalf, shall have expressly declared to such carrier or his agent the value and description thereof.
  2. Every 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 [Burmese and in such other language as the President of the Union may direct].[I]

  1. In 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.
  2. The liability of any common carrier for the loss of or damage to any property 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 may, by special contract, signed by the owner of such property so delivered as last aforesaid or by some person duly authorized in that behalf by such owner, limit his liability in respect of the same.

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  1. Notwithstanding anything hereinbefore contained, every common carrier shall be liable to the owner for loss of or damage to any property 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.
  2. In any suit brought against a common carrier for the loss, damage or non-delivery of 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.
  3. No suit shall be instituted against a common carrier for the loss of, or injury to, goods entrusted to him for carriage, unless notice in writing of the loss or injury has been given to him before the institution of the suit and within six months of the time when the loss or injury first came to the knowledge of the plaintiff.
  4. The President of the Union may, by notification in the Gazette, add to the list of articles contained in the Schedule to this Act, and the Schedule shall, on the issue of any such notification, be deemed to have been amended accordingly.

SCHEDULE

Gold and silver coin.

Gold and silver in a manufactured or unmanufactured state. Precious stones and pearls.

Jewelry.

Time-pieces of any description.

3

Trinkets.

Bills and hundis.

Currency notes or notes of any banks, or securities for payment of money, [local][2] or foreign.

Stamps and stamped paper.

Maps, prints, and works of art.

Writings.

Title-deeds.

Gold or silver plate or plated articles.

Glass.

China.

Silk in a manufactured or unmanufactured state, and whether wrought up or not wrought up with other materials.

Shawls and lace.

Cloths and tissues embroidered with the precious metals or of which such metals form part.

Articles of ivory, ebony or sandal wood.

Art pottery and all articles made of marble.

Furs.

Government securities.

Opium.

Coral.

Musk, itr, sandal wood oil, and other essential oils used in the preparation of itr or other perfumes.

Musical and scientific instruments.

Feathers.

Narcotic preparations of hemp.

Crude india-rubber.

Jade, jade-stone and amber.

Cinematograph films and apparatus.

[I] Substituted by the Union of Burma (Adaptation of Laws) Order, 1948.

[2] Substituted by the Union of Burma (Adaptation of laws) Order, 1948

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