Section 9 of the The Carriage of Goods by Sea Act 2025 Power of Central Government to amend Schedule
Original Section Text
(2) Any amendment notified under sub-section (1) shall have effect as if enacted in this Act and shall come into force on the date of the notification, unless the notification otherwise directs.
Visual Summary
Government’s Power
The Central Government has the authority to change the Schedule.
Method of Change
Changes are made through an official public notice called a notification.
Legal Force
Any amendment becomes a part of the law, with the same power as the original Act.
Effective Date
The changes are effective immediately upon notification, unless a different date is set.
Executive Summary
This section gives the Central Government the power to update the ‘Schedule’ of the Act, which contains the detailed rules for sea transport. If the government decides a change is necessary, it can issue an official public notice (a notification) to amend these rules. Once published, these changes become legally binding, just like the original Act, and take effect immediately unless stated otherwise.
In-Depth Analysis of the Section
Introduction
Section 9 provides a vital mechanism for keeping the law current. The world of international shipping is constantly evolving with new technologies and practices. This section allows the Indian government to adapt the rules of sea carriage without the lengthy process of passing a new Act through Parliament every time an update is needed.
Breakdown of the Section
- Sub-section (1): The Power to Amend. This part grants the Central Government the authority to change the Schedule. The ‘Schedule’ is the heart of the Act, containing the specific rules (based on international conventions) about the responsibilities and liabilities of carriers. The government can only exercise this power if it is ‘satisfied that it is necessary or expedient,’ meaning there must be a valid and practical reason for the change, such as aligning with new international standards. The change is made official through a ‘notification,’ which is a formal announcement in the Official Gazette, ensuring transparency.
- Sub-section (2): The Effect of the Amendment. This part clarifies the legal weight of any change. An amendment made by notification is not merely a guideline; it has the same legal force ‘as if enacted in this Act.’ This means it is as binding as any other section of the law. It also establishes that the change takes effect on the date the notification is published, ensuring a clear start date for the new rule, unless the notification itself specifies a later date.
Practical Example
Imagine a new international agreement is reached to improve the safety standards for carrying a specific type of hazardous material. Instead of waiting years for Parliament to pass a new law, the Central Government can use Section 9. It can review the new standards, decide they are necessary for India, and issue a notification to amend the Schedule. From the date of the notification, all carriers operating from Indian ports must comply with these new, higher safety standards.
Conclusion
Section 9 is a tool for agility and relevance. It empowers the government to ensure that India’s maritime laws remain modern, effective, and in sync with global best practices, thereby protecting the interests of shippers, carriers, and the overall trade ecosystem.
Related Provisions
Understanding Section 9 is easier when you see how it connects with other parts of the Act. Here are a few related provisions:
- Section 3: Application of Schedule – This section defines where and when the Schedule applies. Since Section 9 allows for amending the Schedule, it’s important to know the scope of its application.
- Section 10: Laying of notification before Parliament – This is a direct follow-up to Section 9. While the government can issue a notification to amend the Schedule, Section 10 requires that notification to be presented to Parliament for review, providing a system of checks and balances.
- Section 8: Power of Central Government to issue directions – This section also grants power to the Central Government, but for issuing operational directions rather than changing the core rules in the Schedule. Together, Sections 8 and 9 show the different ways the government can administer the Act.
Learning Aids
Mnemonics
- AMEND: Authority to Modify, Effective upon Notification, Directly. This helps remember that the government has the authority to modify the Schedule, and the change is effective directly upon notification.
- CHANGE: Central government Has Authority for Notified Gazette Edits. This reminds you who can make the change and how it’s done.
Mind Map
Frequently Asked Questions
Can the government change any part of this Act using Section 9?
No. This section specifically gives the power to amend the ‘Schedule’ only, which contains the detailed operational rules. It does not allow the government to change the main body of the Act, such as the powers and basic framework, without going through Parliament.
What is the ‘Schedule’ that this section talks about?
The Schedule is an attachment to the Act that contains the ‘Applicable Rules Relating to Bills of Lading’. These are based on international conventions (like the Hague-Visby Rules) and set out the specific responsibilities, rights, and liabilities for carriers and shippers.
How would I find out if the Schedule has been amended?
Any amendment must be published as a ‘notification’ in the Official Gazette of India. This is a public document, and its contents are legally recognized. Legal professionals and industry bodies closely monitor these notifications for any changes.
Test Your Knowledge
Quiz: Who has the power to amend the Schedule under Section 9?
A) The Supreme Court
B) The Central Government
C) A group of shipping companies
Show Answer
Correct Answer: B) The Central Government. Section 9(1) explicitly states that the Central Government holds this power.
Quiz: How does an amendment to the Schedule become official?
A) By a verbal announcement from a minister
B) Through a notification published in the Official Gazette
C) After it is printed in major newspapers
Show Answer
Correct Answer: B) Through a notification published in the Official Gazette. This is the formal legal process required by the Act.
More Quiz
Quiz: When does an amendment made under Section 9 typically take effect?
A) On the date of the notification, unless specified otherwise
B) Exactly 30 days after the notification
C) At the start of the next financial year
Show Answer
Correct Answer: A) On the date of the notification, unless specified otherwise. Section 9(2) makes this clear.
Quiz: What is the legal status of an amendment after it is notified?
A) It is a temporary guideline
B) It is a recommendation for Parliament to consider
C) It has the same legal force as if it were part of the original Act
Show Answer
Correct Answer: C) It has the same legal force as if it were part of the original Act. Section 9(2) states it ‘shall have effect as if enacted in this Act’.