Carriers Act, 1865

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THE CARRIERS ACT, 1865 
 
 
 
CONTENTS 
 
PREMABLE 
 
1.  Short title 
 
2.  Interpretation clause 
 
3.  Carriers not to be liable for loss of certain goods above one hundred rupees 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 tramroad constructed under Act XXII of 1863, not 
 limited by special contract   
8.  Common carrier liable for loss or damages caused by neg lect 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 Provincial Government to add to the Schedule 
 
SCHEDULE 
 
 
 
 
 
 
 

 
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THE CARRIERS ACT, 1865 
 
1Act No. III OF 1865 
 
 [14th February, 1865] 
 
An Act relating to the rights and liabilities of Common Carriers 
 
 Premable. WHEREAS it is expedient not only to enable common 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. Short title.This Act may be cited as the Carriers Act, 1865. 
 
 2. Interpretation clause. In this Act, unless there be something repugnant in the subject or 
context___ 
 
 “Common carrier.”  “common carrier” denotes a person, other than the Governm ent, 
engaged in the business of transporting for hire property from place to place, by land or inland 
navigation, for all persons indiscriminately: 
 
 1“Person.”  “person” includes any association or body of persons, whether incorporated or 
not. 
 
 2[* * * * * * *] 
 
 3. Carriers not to be liable for loss of certain goods above one hundred rupees in value, 
unless delivered as such. No common carrier shall be liable for the loss of or damage to property 
delivered to him to be carried exceeding in value one hund red rupees and of the description 
contained in the Schedule to this Act, unless the person delivering such pro perty to be carried, or 
some person duly authorized in that behalf, shall have expressly declared to such carrier or his agent 
the value and description thereof3. 
 
 4. For carrying such property payment may be required at rates fixed by carrier. Every 
such carrier may require payment for the risk undertaken in carrying property exceeding in value one 
hundred rupees and of the description aforesaid, at such rate of charge as he may fix: 
 
 
 
 1For Statement of Objects and Reasons, see Gazette of India, Extraordinary, dated 1st August, 1864 and for Proceedings relating to the Bill, 
 see ibid., Supplement, p. 497, and ibid., 1865, pp. 51, 64 and 65. 
 The Act has been declared to be in force in all the Provinces and the Capital of the Federation, except the Scheduled District s, by the Laws 
 Local Extent Act, 1874 (15 of 1874), s. 3. 
 It has been declared, by notification under s. 3(a) of the Scheduled Di stricts Act, 1874 (14 of 1874), to be in force in the following 
 Scheduled Districts, namely:— 
 Sind. . . . . . . . .. See Gazette of India, 1880, Pt. I. p. 672. 
 The Districts of Hazara, Peshawar, Kohat, Bannu, Dera Ismail Khan and Dera Ghazi Khan. [Portions of the Districts of Hazara. Bannu. 
 Dera Ismail Khan and Dera Ghazi Khan and the Districts of Peshawar and Kohat now form the N.W,F.P., see Gazette of India, 1901, Pt. I, 
 p. 857, and ibid., 1902, Pt. I, p. 575]. 
 It has also been applied to Phulera in the Excluded Area of Upper Tana wal to the extent the Act is applicable in the N.W.F.P., subject to 
 certain modifications; and extended to the Excluded  Area of Upper Tanawal N.W.F.P.,  other than Phulera with effect from such date and 
 subject to such modifications as may be notified, see N.W.F.P. (Upper Tanawal) (excluded Area) Laws Regulation, 1950. 
 It has been rep. as to carriers by rail by the Indian Railways Act, 1879 (4 of 1879). For the Railway Act now in force, see the Railways Act, 
 1890 (9 of 1890). 
 2Cf. definition in s. 3(39) of the General Clauses Act, 1897 (10 of 1897). 
 3The paragraph relating to “number” was rep. by the Repealing and Amending Act, 1914 (10 of 1914).  
 4The earlier sections extend to Pakistan the principle embodied in the Carriers Act, 1830 (11 Geo. IV & I Wm. IV, c. 68). See Statement of 
 Objects and Reasons quoted above. 
 
 
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 Proviso. 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. 
 
 5. The person e ntitled to recover in respect of property lost or damaged may also 
recover money paid for its carriage. In case of the loss or damage to property exceeding in value 
one hundred rupees and of the description aforesaid, deliver ed to such carrier to be carri ed, when the 
value and description thereof shall have been declared and payment shall have been required in 
manner provided for by this Act, the person entitled to recover in respect of such loss or damage 
shall also be entitled to recover any money actual ly paid to such carrier in consideration of such risk 
as aforesaid. 
 
 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. The liability of  any 
common carrier for the loss of or damage to any property delivered to him to be carried, not being of 
the description contained in the Schedule to this Act, shall not be deemed to be limited or affected by 
any public notice; but any such carrier, not  being the owner of a rail road or tram road cons tructed 
under the provisions of 1[the Land Acquisition Act, 1894.] I of 1984. 
 
 may, by special contract, signed by the owner of such property so delivered as last aforesaid 
or by some person duly authorize d in that behalf by such owner, limit his liability in respect of the 
same. 
 
 27. Liability of owner of railroad or tramroad constructed under Act XXII of 1863, not 
limited by special contract. In what case owner of railroad or tramroad answerable for loss  or 
damage. The liability of the owner of any railroad or tramroad constructed under the provisions of 
the 1[Land Acquisition Act, 1894 (I of 1894).] for the loss of or damage to any property delivered to 
him to be carried, not being of the description con tained in the Schedule to this Act, shall not be 
deemed to be limited or affected by any special contract; but the owner of such railroad or tramroad 
shall be liable for the loss of or damage to property delivered to him to be carried only when such 
loss or damage shall have been caused by negligence or a criminal act on his part or on that of his 
agents or servants. 
 
 8. Common carrier liable for loss or damages caused by neglect or fraud of himself or 
his agent. Notwithstanding anything hereinbefore contained, every common carrier shall be liable to 
the owner for loss of or damage to any property delivered to such carrier to be carried where such 
loss or damage shall have arisen from the 3* * criminal act of the carrier or any of his agents or 
servants 4[and shall also 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 ar isen from the negligence of the 
carrier or any of his agents or servants]. 
 
 9. Plaintiffs, in suits for loss, damage, or non -delivery, not required to prove negligence 
or criminal act. In any suit brought against a common carrier for the loss, damage or n on-delivery 
of goods entrusted to him for carriage, it shall not be necessary for the plaintiff to prove that such 
loss, damage or non-delivery was owing to the negligence or criminal act of the carrier, his servants 
or agents. 
 
 
 1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., for certain words. 
 2S. 7 (so far as it relates to railways) has been rep. by the Railways Act, 1890 (9 of 1890), s. 72. 
 3The words “negligence or” rep. by the Carriers (Amendment) Act, 1921 (13 of 1921), s. 2. 
 4Ins. ibid. 
 
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 1[10. Notice of loss or injury to be given within six months.  No suit shall be instituted 
against a common carrier for the loss of, or injury to, goods entrusted to him for carriage, unless 
notice in writing o f 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.] 
 
 2[11. Power to Provincial Government to add to the Schedule. The 3[Federal Government 
or the] 4[Provincial Govern ment] may, by notification in the 5[official Gazette], add to the list of 
articles contained in the 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 6[Federal Governm ent] 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. 
 
China. 
 
Silk in a manufactured or unmanufactured state, and whether wrought up or not wrought up with 
other materials. 
 
 1Ins. by the Indian Carriers Act, 1899 (10 of 1899), s. 2. The original section was rep. by the Railways Act, 1890 (9 of 1890). 
 2Ins. by Act 13 of 1921, s. 3. 
 3Ins. by Ordinance 27 of 1981, s. 3 and II Sch. 
 4Subs. by A. O., 1937, for “G. G. in C.”. 
 5Subs. ibid., for “Gazette of India”. 
 6Subs. by F.A.O., 1975. Art. 2 and Sch., for “Central Government” which was previously subs. by A.O., 1937, for “G. of I”, to read as 
 above. 
 
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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. 
 
1[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.] 
________________ 
 
 
 
 
 
 
 
 
 
 
 
 
Date: 13-09-2024 
 
 1Ins. by Notification No. 5299, dated 14th October, 1922, see Gazette of India, 1922, Pt. I, p. 1235.