Railways Act, 1989
66. Power to require statement relating to the description
of goods.
(1) The owner or a person having charge of any goods which are
brought upon a railway for the purposes of carriage by railway, and the
consignee or the endorsee of any consignment shall, on the request of any
railway servant authorized in this behalf, deliver to such railway servant a
statement in writing signed by such owner or person or by such consignee or
endorsee, as the case may be, containing such description of the goods as would
enable the railway servant to determine the rate for such carriage.
(2) If such owner or person refuses or neglects to give the statement
as required under sub. section (1) and refuses to open the package containing
the goods, if so required by the railway servant it shall be open to the
railway administration to refuse to accept such goods for carriage unless such
owner or person pays for such carriage the highest rate for any class of
goods,.
(3) If the consignee or endorsee refuses or neglects to give the
statement as required under sub-section (1) and refuses to open the package
containing the goods, if so required by the railway servant, it shall be open
to the railway administration to charge in respect of the carriage of the goods
the highest rate for any class of goods.
(4) If the statement delivered under sub-section (1) is
materially false with respect to the description of any goods to which it
purports to relate, the railway administration may charge in respect of the
carriage of such goods such rate, not exceeding double the highest rate for any
class of goods as may be specified by the Central Government.
(5) If any difference arises between a railway servant and such
owner or person, the consignee or the endorsee, as the case may be, in respect
of the description of the goods for which a statement has been delivered under
sub-section (1), the railway servant may detain and examine the goods.
(6) Where any goods have been detained under sub-section (5) for
examination and upon such examination it is found that the description of the
goods is different from that given in the statement delivered under sub-section
(1), the cost of such detention and examination shall be borne by such owner or
person, the consignee or the endorsee, as the case may be, and the railway
administration shall not be liable for any loss, damage or deterioration which
may be caused by such detention or examination.