Section 43: Liability for goods other than transhipment goods

43. Liability for goods other than transhipment goods (1) Notwithstanding any other enactment, the Authority or its licensed operator shall not incur liability in damages or in any other respect for any loss caused to any person by reason of short delivery, mis-delivery or nondelivery of any goods, other than transhipment goods placed in the custody or control of the Authority or its licensed operator, unless such damage or such loss is due to the negligence or fault of the Authority or its licensed operator. (2) Where the negligence or fault of the Authority or its licensed operator is proved under subsection (1), the liability shall not exceed 50,000 rupees per 20 foot equivalent unit container or equivalent unless the nature and value of the goods have, before delivery to the Authority or its licensed operator, been declared in writing by the person delivering the goods. (3) The Authority or its licensed operator shall not incur any liability under subsection (2) where the nature or value of the goods has been misstated.