Act Number: 24

Act Name: The Railways Act, 1989

Year: 1989

Enactment Date: 1989-06-03

Long Title: An Act to consolidate and amend the law relating to Railways.

Ministry: Ministry of Railways

Department:

Section 102: Exoneration from liability in certain cases.
    Notwithstanding anything contained in the foregoing provisions of this Chapter, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of any consignment,--
         (a) when such loss, destruction, damage, deterioration or non-delivery is due to the fact that a materially false description of the consignment is given in the statement delivered under sub-section (1) of section 66; or
         (b) where a fraud has been practised by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee; or
         (c) where it is proved by the railway administration to have been caused by, or to have arisen from--
             (i) improper loading or unloading by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee;
             (ii) riot, civil commotion, strike, lock-out, stoppage or restraint of labour from whatever cause arising whether partial or general; or
         (d) for any indirect or consequential loss or damage or for loss of particular market.
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