332
THE CARRIERS ACT, 1865
CONTENTS
PREAMBLE
SECTIONS
1. Short title
2. Interpretation-clause
“common carrier"
"Person"
3. Carriers not to be liable for loss of certain goods above
one hundred taka in value, unless delivered as such
4. For carrying such property payment may be required at
rates fixed by carrier
5. The person entitled to recover in respect of property
lost or damaged may also recover money paid for its
carriage
6. In respect of what property liability of carrier not
limited or affected by public notice. Carriers, with
certain exceptions, may limit liability by special
contract
7. Liability of owner of railroad or tram road constructed
under Act XXII of 1863, not limited by special contract
in what case owner of railroad or tram road answerable
for loss or damage
8. Common carrier liable for loss or damage caused by
neglect or fraud of himself or his agent
9. Plaintiffs, in suits for loss, damage, or non-delivery, not
required to prove negligence or criminal act
10. Notice of loss or injury to be given within six months
11. Power to Government to add to the Schedule
SCHEDULE
333
THE CARRIERS ACT, 1865
ACT NO. III OF 1865
[14th February, 1865]
An Act relating to the rights and liabilities of Common
Carriers.
WHEREAS it is expedient not only to enable common Preamble
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:
1. This Act may be cited as the Carriers Act, 1865. Short title
2. In this Act, unless there be something repugnant in the Interpretation-
clause
subject or context
"common carrier" denotes a person, other than the “common
carrier"
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, "Person"
whether incorporated or not.
3. No common carrier shall be liable for the loss of or Carriers not to
be liable for
damage to property delivered to him to be carried exceeding in loss of certain
value one hundred 1[taka] and of the description contain in the goods above
Schedule to this Act, unless the person delivering such property one hundred
taka in value,
to be carried, or some person duly authorised in that behalf, shall unless
have expressly declared to such carrier or his agent the value delivered as
such
and description thereof.
1
The word “taka” was substituted, for the word “rupees” by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
334 Carriers Act, 1865
For carrying 4. Every such carrier may require payment for the risk
such property
payment may undertaken in carrying property exceeding in value one hundred
be required at taka and of the description aforesaid, at such rate of charge as he
rates fixed by may fix:
carrier
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 English and in the
vernacular language of the country wherein he carries on such
business.
The person 5. In case of the loss or damage to property exceeding in
entitled to
recover in value one hundred taka and of the description aforesaid,
respect of delivered to such carrier to be carried, when the value and
property lost or description thereof shall have been declared and payment shall
damaged may
also recover have been required in manner provided for by this Act, the
money paid for person entitled to recover in respect of such loss or damage shall
its carriage also be entitled to recover any money actually paid to such
carrier in consideration of such risk as aforesaid.
In respect of 6. The liability of any common carrier for the loss of or
what property
liability of damage to any property delivered to him to be carried, not being
carrier not of the description contained in the Schedule to this Act, shall not
limited or be deemed to be limited or affected by any public notice; but
affected by
public notice. any such carrier, not being the owner of a railroad or tram road
Carriers, with constructed under the provisions of 1[the Land Acquisition Act,
certain 1894 (Act No. 1 of 1894)] (to provide for taking land for works
exceptions,
may limit of public utility to be constructed by private persons or
liability by Companies, and for regulating the construction and use of
special contract works on land so taken) may, by special contract, signed by the
owner of such property so delivered as last aforesaid or by some
person duly authorised in that behalf by such owner, limit his
liability in respect of the same.
1
The words, comma, figures and brackets “the Land Acquisition Act, 1894 (Act No. 1 of
1894)” were substituted, for the words and figure “Act XXII of 1863” by section 3 and 2nd
Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of
1973).
Carriers Act, 1865 335
7. The liability of the owner of any railroad or tram road Liability of
owner of rail-
constructed under the provisions of the said 1[the Land road or tram
Acquisition Act, 1894 (Act 1 of 1894)] for loss of or damage to road
constructed
any property delivered to him to be carried, not being of the under the Land
description contained in the Schedule to this Act, shall not be Acquisition
Act, 1894, not
deemed to be limited or affected by any special contract; but the limited by
owner of such railroad or tram road shall be liable for the loss of special contract
or damage to property delivered to him to be carried only when in what case
owner of rail-
such loss or damage shall have been caused by negligence or a road or tram
criminal act on his part or on that of his agents or servants. road answer-
able for loss or
damage
8. Notwithstanding anything hereinbefore contained, every Common
carrier liable
common carrier shall be liable to the owner for loss of or for loss or
damage to any property delivered to such carrier to be carried damage caused
by neglect or
where such loss or damage shall have arisen from the criminal fraud of
act of the carrier or any of his agents or servants and shall also himself or his
agent
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.
9. In any suit brought against a common carrier for the loss, Plaintiffs, in
suits for loss,
damage or non-delivery of goods entrusted to him for carriage, it damage, or
shall not be necessary for the plaintiff to prove that such loss, non-delivery,
not required to
damage or non-delivery was owing to the negligence or criminal prove
act of the carrier, his servants or agents. negligence or
criminal act
1
The words, comma, figures and brackets “the Land Acquisition Act, 1894 (Act No. 1 of
1894)” were substituted, for the words and figure “Act XXII of 1863” by section 3 and 2nd
Schedule of the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act No. VIII of
1973).
336 Carriers Act, 1865
Notice of loss 10. No suit shall be instituted against a common carrier for
or injury to be the loss of, or injury to, goods entrusted to him for carriage,
given within
six months 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.
Power to 11. The 1[* * *] Government may, by notification in the
Government to official Gazette, add to the list of articles contained in the
add to the
Schedule 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
Jewellery
Time-pieces of any description
Trinkets
Bills and hundis
Currency notes of the Government, or notes of any Banks, or
securities for payment of money, English or Foreign
Stamps and stamped paper
Maps, prints and works of art
Writings
Title-deeds
Gold or silver plate or plated articles
Glass
1
The word “Provincial” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision and Declaration) Act, 1973 (Act No. VIII of 1973).
Carriers Act, 1865 337
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
Gooroochand or Gooroochandan
Cinematograph films and apparatus
Zahir Mohra Khatai
