Section 65: Railway receipt

(1) A railway administration shall,–

(a) in a case where the goods are to be loaded by a person entrusting such goods, on the completion of such loading; or

(b) in any other case, on the acceptance of the goods by it, issue a railway receipt in such form as may be specified by the Central Government.

(2) A railway receipt shall be prima facie evidence of the weight and the number of packages stated therein:

Provided that in the case of a consignment in wagon-load or train-load and the weight or the number of packages is not checked by a railway servant authorised in this behalf, and a statement to that effect is recorded in such railway receipt by him, the burden of proving the weight or, as the case may be, the number of packages stated therein, shall lie on the consignor, the consignee or the endorsee.

Simplified Explanation

Section 65 of the Railways Act, 1989, governs the issuance of a railway receipt when goods are entrusted to the railway administration for carriage. It outlines the circumstances under which the receipt is issued, its evidentiary value, and the responsibilities of the consignor in case the weight or number of packages is not verified by the railway administration.

Key Provisions:

1. Issuance of Railway Receipt (Sub-section 1):
   • A railway receipt is issued by the railway administration in two specific situations:
     • Loading by Consignor (Sub-section 1(a)): When the consignor (person entrusting the goods) loads the goods, the railway receipt must be issued after the completion of the loading.
     • Acceptance by Railway (Sub-section 1(b)): In any other case, the railway receipt is issued when the railway administration accepts the goods for carriage.
   • The form of the railway receipt is specified by the Central Government, ensuring a standardized document for all shipments.
2. Evidentiary Value of Railway Receipt (Sub-section 2):
   • The railway receipt serves as prima facie evidence of the weight and number of packages stated on it. This means that, initially, the details provided in the receipt are presumed to be correct unless proven otherwise.
   • Prima Facie Evidence: If a dispute arises regarding the weight or number of packages, the railway receipt can be used as evidence that the goods were received with the specified weight and number. The burden of proof would lie on the party disputing this information.
3. Burden of Proof in Certain Cases (Sub-section 2, Proviso):
   • In situations where the goods are sent in wagon-load or train-load, and the weight or number of packages was not checked by a railway servant, the railway receipt will state this fact.
   • If the weight or number of packages is not verified by the railway, the burden of proving the accuracy of the details in the railway receipt shifts to the consignor, consignee, or endorsee.