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The Carriers Act, 1865

Act No. III of 1865
Date of Assent: 14th February, 1865
Status: Active

Preamble

An Act relating to the rights and liabilities of Common Carriers.

WHEREAS it is expedient not only to enable common carriers to limit their liability for loss of or damage to property delivered to them to be carried but also to declare their liability for loss of or damage to such property occasioned by the negligence or criminal acts of themselves, their servants or agents; It is enacted as follows:

Short Title and Definitions

Section 1 - Short Title

This Act may be cited as the Carriers Act, 1865.

Section 2 - Interpretation Clause

In this Act, unless there be something repugnant in the subject or context:

"Common carrier" denotes a person, other than the Government, engaged in the business of transporting for hire property from place to place, by land or inland navigation, for all persons indiscriminately.

"Person" includes any association or body of persons, whether incorporated or not.

Liability Limitations

Section 3 - Carriers Not to be Liable for Loss of Certain Goods Above One Hundred Taka in Value

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 taka 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.

Section 4 - For Carrying Such Property Payment May Be Required at Rates Fixed by Carrier

Every such carrier may require payment for the risk undertaken in carrying property exceeding in value one hundred taka and of the description aforesaid, at such rate of charge as he may fix, provided that notice of the higher rate of charge required is exhibited in the place where he carries on the business of receiving property to be carried.

Section 5 - Recovery of Money Paid for Carriage

In case of the loss or damage to property exceeding in value one hundred taka 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.

Special Contracts and Railroad Provisions

Section 6 - Liability of Carrier Not Limited by Public Notice

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, not being the owner of a railroad or tramroad constructed under the provisions of the Land Acquisition Act, 1894, may, by special contract, signed by the owner of such property or by some person duly authorized in that behalf by such owner, limit his liability in respect of the same.

Section 7 - Liability of Owner of Railroad or Tram Road

The liability of the owner of any railroad or tram road constructed under the provisions of the Land Acquisition Act, 1894, for 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 special contract; but the owner of such railroad or tram road shall be liable for the loss of or damage to property delivered to him to be carried only when such loss or damage shall have been caused by negligence or a criminal act on his part or on that of his agents or servants.

Criminal Acts and Negligence

Section 8 - Common Carrier Liable for Loss or Damage Caused by Neglect or Fraud

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 where such loss or damage has arisen from the negligence of the carrier or any of his agents or servants.

Section 9 - Plaintiffs Not Required to Prove Negligence or Criminal Act

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.

Notice and Administrative Provisions

Section 10 - Notice of Loss or Injury to be Given Within Six Months

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.

Section 11 - Power to Government to Add to the Schedule

The Government may, by notification in the official 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.

Historical Context

This Act was enacted to regulate the liability of common carriers and provide a balanced framework for protecting both carriers and their customers in commercial transportation.

Current Application

This Act continues to provide the legal framework for determining the rights and liabilities of common carriers in Bangladesh, particularly in cases involving loss or damage to goods during transportation.

Source: Bangladesh Laws - Ministry of Law, Justice and Parliamentary Affairs
Available at: http://bdlaws.minlaw.gov.bd/act-details-15.html