Railways Act, 1924
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Dangerous goods. |
47.—(1) Nothing contained in this Act shall impose any obligation on the amalgamated company to accept dangerous goods for conveyance, or shall prejudice or derogate from the powers of any Government department under the Explosives Act, 1875 , or affect the validity or operation of any order, rule, or byelaw made under the powers contained in that Act. | |
(2) If on or after the appointed day the amalgamated company accepts dangerous goods for conveyance, the goods shall be conveyed subject to such byelaws, regulations and conditions as the company may think fit to make in regard to the conveyance or storage thereof, and the owner or consignor of such goods shall indemnify the company from and against all loss or damage which may result to the company or to which the company may be or become liable owing to non-compliance with the before-mentioned byelaws, regulations, and conditions as to such goods and shall pay full compensation for all injury to the company's servants and damage to its property so arising unless it be proved that the injury or damage is due to the wilful misconduct of the company's servants, but, subject as aforesaid, the provisions of this Part of this Act as to ordinary rates and owner's risk rates shall apply. | ||
(3) Any question as to whether goods are dangerous goods shall be determined by the railway tribunal: | ||
Provided that, where the amalgamated company has declared any article to be dangerous, it shall lie on the person requiring the article to be carried to show that it is not dangerous. |