Execution of forwarding note (Sec. 72). Any person delivering to a railway administration any animals or goods to be carried by railway shall execute a forwarding note. The forwarding note shall be in a form prescribed by the railway administration and approved by the Central Government. The sender or his agent shall give the required particulars in the forwarding note in respect of the animals or goods delivered to the railway administration where:
(a)Â The animals or goods are to be carried by a train intended solely for the carriage of goods, or
(b) The goods are to be carried by any other train and consist of articles of any of the following categories namely –
- Articles carried at owner’s risk rate
- Articles of a perishable nature
- Articles mentioned in the Second Scheduled (which includes articles of special value which are to be declared and insured).
- Articles in a defective condition or defectively packed.
- Explosives and other dangerous goods.
As per the amended Sec. 73, a railway administration is responsible for the loss destruction or deterioration in transit of animals or goods received by it for carriage by rail from all causes except losses arising from –
- Act of God
- Act of war
- Act of public enemies
- Arrest, restraint or seizure under legal process
- Orders or restrictions imposed by or on behalf of the Central or a State Government
- Natural deterioration or wastage in weight due to some inherent defect or vice in the goods
- Latent defects
- Fire, explosion or any unforeseen risk
The railway administration is responsible for the non-delivery of animals or goods delivered to be carried by railway arising from any cause except the above.
When any loss destruction, damage, deterioration or non-delivery has occurred as a result of one or more of the cause given above, the railway administration shall be responsible unless it satisfactorily proves that it had exercised reasonable care and prudence in the carriage of goods or animals.
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