Section 1 of The Carriage of Goods by Sea Act 2025 Short title and commencement
Original Section Text
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Visual Summary
Official Name
This section gives the law its official name: ‘The Carriage of Goods by Sea Act, 2025’.
Activation Date
The Act doesn’t start immediately. It becomes law on a date chosen by the Central Government.
Government’s Role
The Central Government must announce the start date in an official public document called the Official Gazette.
Executive Summary
Section 1 is the starting point of the Act. It officially names the law as ‘The Carriage of Goods by Sea Act, 2025’. It also clarifies that the law will not take effect right away. Instead, the Central Government will decide the exact start date and announce it to the public through a formal publication known as the Official Gazette.
In-Depth Analysis of the Section
This initial section serves two fundamental purposes: naming the legislation and defining its starting point.
Subsection (1): Short title
This part gives the Act its official, easy-to-remember name: ‘The Carriage of Goods by Sea Act, 2025’. This ‘short title’ is how the law is referred to in legal documents, court cases, and discussions, making it simple to identify.
Subsection (2): Commencement
This part deals with ‘commencement,’ which is a legal term for when a law officially begins to apply. The Act is not self-starting. The power to ‘switch it on’ is given to the Central Government. The government must do two things:
- Appoint a date: It must choose a specific day for the law to come into force.
- Notify in the Official Gazette: This decision must be published in the ‘Official Gazette’, which is the government’s official journal for public notices. This ensures that the public and all affected parties are formally aware of when the new rules begin.
Practical Example:
Let’s say Parliament passes this Act on August 8, 2025. It is not yet law. The Ministry of Ports, Shipping and Waterways (part of the Central Government) then decides the industry needs time to prepare. They publish a notification in the Official Gazette on December 1, 2025, stating that ‘The Carriage of Goods by Sea Act, 2025, shall come into force on January 1, 2026.’ From January 1, 2026, onwards, all sea carriage contracts would be governed by this new Act.
Related Provisions
Understanding Section 1 is enhanced by looking at other sections that build upon its foundation:
- Section 2: Definitions – Once the Act commences, it’s crucial to understand the specific meanings of terms like ‘carrier’, ‘goods’, and ‘ship’ as defined in this section.
- Section 8: Power of Central Government to issue directions – This section expands on the Central Government’s role, showing that besides appointing a start date, it can also issue further instructions to ensure the Act is implemented correctly.
- Section 12: Repeal and savings – This section is important because it clarifies what happens to the old law (the 1925 Act) once this new Act commences.
Learning Aids
Mnemonics
- NAME & DATE: Section 1 sets the NAME of the Act and the process for its start DATE.
- T.C. (Title & Commencement): Think of it as the ‘Terms and Conditions’ for the Act’s existence. First, you get the Title, then you find out when it will Commence.
Mind Map
Frequently Asked Questions
What is the official name of this law?
According to Section 1, the official name is ‘The Carriage of Goods by Sea Act, 2025’.
When does this Act become effective?
It becomes effective on a date that the Central Government decides and announces in the Official Gazette. It does not start automatically when it is passed.
What is the ‘Official Gazette’?
The Official Gazette is a public journal of the Government of India. Publishing a notice in it is the formal way the government communicates new laws, rules, and appointments to the public, making them official.
Test Your Knowledge
Quiz: What is the official title of the Act mentioned in Section 1?
A) The Maritime Transport Act, 2025
B) The Carriage of Goods by Sea Act, 2025
C) The Indian Shipping and Goods Act, 2025
Show Answer
Correct Answer: B) Section 1(1) explicitly states, ‘This Act may be called the Carriage of Goods by Sea Act, 2025’.
Quiz: Who has the authority to decide the start date of this Act?
A) The President of India
B) The Parliament
C) The Central Government
Show Answer
Correct Answer: C) Section 1(2) specifies that the Act comes into force on a date appointed by the Central Government.
More Quiz
Quiz: How is the start date of the Act officially announced?
A) Through a press conference
B) By a notification in the Official Gazette
C) By a circular to shipping companies
Show Answer
Correct Answer: B) Section 1(2) requires the Central Government to appoint the date ‘by notification in the Official Gazette’.
Quiz: Does the Act start applying immediately after being passed by Parliament?
A) Yes, immediately.
B) No, it requires a future date to be set by the government.
C) Only for international shipments.
Show Answer
Correct Answer: B) The concept of ‘commencement’ in Section 1(2) means there is a delay between the Act’s passing and its enforcement, which is determined by the government.