Save as otherwise provided in this Act, a railway administration shall be responsible for the loss, destruction, damage or deterioration in transit, or non-delivery of any consignment, arising from any cause except the following, namely:–
(a) act of God;
(b) act of war;
(c) act of public enemies;
(d) arrest, restraint or seizure under legal process;
(e) orders or restrictions imposed by the Central Government or a State Government or by an officer or authority subordinate to the Central Government or a State Government authorised by it in this behalf;
(f) act or omission or negligence of the consignor or the consignee or the endorsee or the agent or servant of the consignor or the consignee or the endorsee;
(g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods;
(h) latent defects;
(i) fire, explosion or any unforeseen risk:
Provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one or more of the aforesaid causes, the railway administration shall not be relieved of its responsibility for the loss, destruction, damage, deterioration or non-delivery unless the railway administration further proves that it has used reasonable foresight and care in the carriage of the goods.
Simplified Explanation
This section outlines the responsibilities and liabilities of a railway administration in relation to the carriage of goods. It defines the extent to which the railway is liable for losses, damage, or non-delivery of goods during transit and provides exceptions under which the liability does not apply.
Key Provisions
1. General Responsibility
- The railway administration is responsible for:
- Loss,
- Destruction,
- Damage or deterioration in transit,
- Non-delivery of goods.
- This liability applies unless specified otherwise in the Act.
2. Exceptions to Responsibility
The railway administration is exempt from liability if the loss or damage arises due to:
(a) Act of God
- Natural calamities such as floods, earthquakes, storms, etc., that are beyond human control.
(b) Act of War
- Losses caused by warfare or hostilities.
(c) Act of Public Enemies
- Losses caused by actions of groups or individuals hostile to the State, such as terrorist attacks or piracy.
(d) Arrest, Restraint, or Seizure under Legal Process
- Goods seized, detained, or restricted under lawful authority.
(e) Government Orders or Restrictions
- Losses resulting from:
- Orders or restrictions imposed by the Central Government, State Government, or their authorized officers.
(f) Negligence of the Consignor/Consignee/Endorsee
- Losses caused by:
- Act, omission, or negligence by the sender, recipient, their agents, or servants.
(g) Natural Deterioration or Wastage
- Deterioration or wastage due to inherent qualities of the goods (e.g., perishable items).
(h) Latent Defects
- Defects in the goods that are not visible or detectable.
(i) Fire, Explosion, or Unforeseen Risks
- Damage due to unforeseen events like fire or explosions.
3. Proviso: Duty of Reasonable Foresight and Care
Even if the cause of loss or damage falls under the exceptions above, the railway administration is not relieved of liability unless it can also prove:
- It exercised reasonable foresight in preventing the loss or damage.
- It took adequate care during the carriage of the goods.
This ensures that negligence on the part of the railway administration does not go unaddressed.
Implications of Section 93
- Balanced Liability Framework:
- It provides a fair balance between holding the railway accountable and recognizing unavoidable circumstances.
- Protection for Stakeholders:
- Ensures protection for consignors, consignees, and endorsees against negligent handling by railways.
- Encourages Accountability:
- The proviso motivates the railway administration to maintain high standards of care and foresight, even under challenging circumstances.
- Limits Railway Exposure to Uncontrollable Risks:
- Safeguards the railway from being held liable for events beyond its control.
Conclusion
Section 93 of the Railways Act, 1989, establishes the general liability of railway administrations for goods entrusted to them, while listing specific exceptions. However, the requirement for reasonable foresight and care ensures that the railways remain accountable for their actions, even in situations covered by the exceptions. This strikes a balance between operational realities and the protection of stakeholders’ interests.
