(1) A common carrier shall,-
(a) in case where the goods are to be loaded by the consignor, on the completion of such loading; or
(b) in any other case, on the acceptance of the goods by him, issue a goods receipt in such form and manner as may be prescribed.
(2) The goods receipt shall be issued in triplicate and the original shall be given to the consignor.
Goods receipt.
Liability of common carrier.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PARTll-
(3) The goods receipt shall be prima facie evidence of the weight or measure and other particulars of the goods and the number of packages stated therein.
(.J) The goods receipt shall include an undertaking by the common carrier about the liability under section 10 or section 11.
IO. (1) The liability of the common carrier for loss of, or damage to any consignment, shall be limited to such amount as may be prescribed having regard to the value, freight and nature of goods, documents or articles of the consignment, unless the consignor or any person duly authorised in that behalf have expressly undertaken to pay higher risk rate fixed by the common carrier under section 11.
(2) The liability of the common carrier in case of any delay up to such period as may be mutually agreed upon by and between the consignor and the common carrier and specifically provided in the goods forwarding note including the consequential loss or damage to such consignment shall be limited to the amount of freight charges where such loss, damage or delay took place while the consignment was under the charge of such carrier:
Provided that beyond the period so' agreed upon in the goods forwarding note, compensation shall be payable in accordance with sub-section (1) or section 11:
Provided further that the common carrier shall not be liable if such carrier proves that such loss of, or damage to, the consignment or delay in delivery thereof, had not taken place due to his fault or neglect or that of his servants or agents thereof.
Rates of charge 11. Every common carrier may require payment for the higher risk undertaken to be fixed by by him in carrying a particular consignment at such rate of charge as he may fix and common earner di I hi I· bili ld b . d . h I b dfor carriage of correspon mg y, IS. ia 1 ity wou e In accor ance Wit t te terms as may e agree consignment at upon with the consignor: .
a higher risk rate.
Conditions limiting exonerating the liability of the common carrier.
Provided that to entitle such carrier to claim payment at a rate higher than his ordinary rate of charge, he should have exhibited a printed or written notice, in English and the vernacular language of the State, of the higher rate of charge in the • place or premises where he carries on the business of common carrier.