Section 94: Goods to be loaded or delivered at a siding not belonging to a railway administration

(1) Where goods are required to be loaded at a siding not belonging to a railway administration for carriage by railway, the railway administration shall not be responsible for any loss, destruction, damage or deterioration of such goods from whatever cause arising, until the wagon containing the goods has been placed at the specified point of interchange of wagons between the siding and the railway administration and a railway servant authorised in this behalf has been informed in writing accordingly by the owner of the siding.

(2) Where any consignment is required to be delivered by a railway administration at a siding not belonging to a railway administration, the railway administration shall not be responsible for any loss, destruction, damage or deterioration or non-delivery of such consignment from whatever cause arising after the wagon containing the consignment has been placed at the specified point of interchange of wagons between the railway and the siding and the owner of the siding has been informed in writing accordingly by a railway by a railway servant authorised in this behalf.

Simplified Explanation

This section addresses the responsibility of a railway administration concerning goods that are either loaded or delivered at sidings that are not owned by the railway administration. It defines the specific conditions under which the railway’s liability begins and ends.

Key Provisions

1. Loading of Goods at a Non-Railway Siding (Subsection 1)

• When goods are to be loaded at a siding that does not belong to the railway administration, the railway is not liable for:
  1. Loss,
  2. Destruction,
  3. Damage, or
  4. Deterioration of such goods,
     until the following conditions are met:
  5. The wagon containing the goods is placed at the specified point of interchange between the non-railway siding and the railway administration.
  6. A railway servant, authorized in this regard, is informed in writing by the owner of the siding that the goods are ready for carriage.

2. Delivery of Goods at a Non-Railway Siding (Subsection 2)

• When a consignment is to be delivered at a siding that does not belong to the railway administration, the railway is not liable for:
  1. Loss,
  2. Destruction,
  3. Damage,
  4. Deterioration, or
  5. Non-delivery of such goods,
     after the following conditions are met:
  6. The wagon containing the goods has been placed at the specified point of interchange between the railway and the non-railway siding.
  7. The owner of the siding is informed in writing by a railway servant, authorized in this regard, that the goods have been delivered.

Implications of Section 94

1. Clear Demarcation of Liability
   • The railway administration’s liability is limited to the transportation phase that occurs within its operational control, starting and ending at the point of interchange.
2. Written Communication as a Safeguard
   • The requirement for written communication ensures clarity and provides a documented timeline for when liability shifts between the railway administration and the siding owner.
3. Encourages Proper Handling by Siding Owners
   • The onus on siding owners to inform the railway and take responsibility for goods at their siding emphasizes shared responsibility in the goods-handling process.
4. Protects Railway Administration
   • This section protects the railway from being held liable for issues arising before or after its physical control over the goods, particularly when such goods are in sidings not owned by the railway.

Conclusion

Section 94 ensures a clear transfer of liability for goods handled at non-railway sidings, protecting the railway administration from claims for events outside its operational control. By specifying the point of interchange and requiring written notifications, this section promotes accountability and reduces disputes over responsibility for goods during transit.