This document discusses the carriage of goods by land in Bangladesh. It defines carriage of goods as the transportation of goods by land, sea, or air. Carriers include individuals and organizations employed to transport goods or people, and can include government services like BRTC and BR. The Railways Act of 1890 states that railway administrations cannot show undue preference or disadvantage to any person, traffic, or description of traffic. Railways act as carriers and bailees, and are responsible for loss or damage to goods during transit, except under certain conditions like acts of God. Their rights include framing bye-laws regarding carriage and enforcing penalties for violations. Examples are provided where railways were held liable for negligence when goods were stolen without

1. Carriage of Goods by Land
Nazmul Hasan Sarker
Lecturer, Department of Law
Exim Bank Agricultural University

2. Carriage of Goods
• Carriage of goods refers to transportation of goods by land, sea, or air
• Carrier means a person, or an organization employed to carry
goods or people.
• Govt. Services can also be carriers such as BRTC, BR etc.

3. Railway as a Carrier
"A railway administration shall not make or give any undue or
unreasonable preference or advantage to, or in favour of, any
particular person of railway administration, or any particular
description of traffic, in any respect whatsoever, or subject to
any particular person or railway administration or any
particular description of traffic to any undue or unreasonable
prejudice or disadvantage in any respect whatsoever.“
Section 28, Railways Act 1890

4. Railway as a Carrier
What is the nature of the Railways as carrier?

5. Liabilities of Railway as a Carrier
1. Responsibility as Bailee
• A railway administration is responsible as a bailee under
sections 151, 152 and 161 of-the Contract Act for the
loss. destruction, damage, deterioration of non-delivery
of goods carried by railway within a period of seven-
days after the termination of transit. This rule does not
apply in the case of goods carried at owner's risk rates,
certain valuable goods, animals and dangerous goods.

6. Liabilities of Railway as a Carrier
2. General Responsibility
Railway administration is responsible for the loss,
destruction, damage, deterioration or wastage in bulk or
weight due to inherent defect, to the administration to be
carried by railway, arising from any cause except the
following :
(a) act of God
(b) act of war
(c) act of public enemies
(d) arrest, restraint or seizure under legal process
(i) fire explosion or any unforeseen risk.-Sec. 73.

7. Liabilities of Railway as a Carrier
(e) orders or restrictions imposed by the Central
Government or a State Government or by any officer or
authority subordinate to them, authorised in this behalf
(f) act or omission or negligence’ of the' consignor or the
consignee or their agent or servant ;
(g) natural deterioration or wastage in bulk or weight due
to inherent defects, quality or vice of the goods
(h) latent defects

8. Rights of Railway as a Carrier
The Act gives certain privileges to the railway
administration.
• Bye-laws may be framed regarding 'the mode of
carriage of goods and passengers.
• Violation of the provision of the Railways Act and of the
bye-laws are punishable by the court (e.g. traveling
without tickets, carrying dangerous goods etc.)
• No person is allowed to carry dangerous or offensive
goods.
• The railway possesses a lien on the goods carried, for
freight and other charges, if any.

9. Some Examples :
(i) Some goods were consigned on a railway at "owner's risk". At night
the goods were stolen. There was no watchman at that time. Held, the
loss of goods was due, to negligence of the Railway
Administration. Juggal Kishore v. Union of India.
(ii) Some goods were destroyed by fire. The Railway extinguish the fire
after six hours. There was no explanation for the delay. For negligence,
damages were awarded. Union of India v. Shri Ramesh Cotton Mills Ltd

10. Readings Suggested
• Commercial Law, Sen & Mitra (Pages:383-388 )