Section 11 of The Carriage of Goods by Sea Act 2025 Power to remove difficulties
Original Section Text
Provided that no such order shall be made under this section after the expiry of a period of two years, from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Visual Summary
Problem-Solving Power
The government can issue orders to fix unexpected problems in applying the Act.
Consistency Rule
Any order made cannot contradict the existing provisions of this Act.
Two-Year Limit
This special power is temporary and expires two years after the Act begins.
Parliamentary Review
All orders must be presented to both Houses of Parliament for oversight.
Executive Summary
This section acts as a temporary ‘safety valve’ for the Act. It gives the Central Government the power to issue special orders to fix any unexpected problems that arise when putting the Act into practice. However, this power is limited: any order must align with the Act’s existing rules, can only be issued within the first two years of the Act’s commencement, and must be presented to Parliament for review, ensuring transparency and accountability.
In-Depth Analysis of the Section
Introduction
Section 11 is a standard feature in many new laws, often called a ‘removal of difficulties’ clause. Its purpose is to ensure the smooth implementation of the legislation. When a new Act is enforced, unforeseen practical issues can emerge that were not anticipated during drafting. This section provides a mechanism for the executive branch (the Central Government) to quickly address these issues without having to go through the lengthy process of amending the Act in Parliament.
Breakdown of the Section
Subsection (1): The Power and its Limits
This subsection grants the Central Government the authority to issue an order if a ‘difficulty arises’ in implementing the Act. This ‘difficulty’ could be an ambiguity, a conflict with another rule, or a situation not covered by the Act. The government can then create a provision through an order to solve the problem. There are two crucial limitations:
- Not Inconsistent: The order cannot contradict or override any part of the Act. It can only clarify or supplement the existing provisions to make them workable.
- Two-Year Time Limit: This is a temporary power. The government can only use it for two years from the date the Act comes into force. This prevents the government from making changes indefinitely without parliamentary approval.
Subsection (2): Parliamentary Oversight
This part ensures democratic accountability. Every order made under Section 11 must be ‘laid before each House of Parliament’. This means that Members of Parliament are informed of the government’s action and have the opportunity to scrutinize, debate, or even annul the order if they believe it oversteps the government’s authority. This serves as a vital check on the executive’s power.
Practical Example
Imagine the Act is passed, and a few months later, a new, widely adopted type of eco-friendly, biodegradable packaging material is introduced in the shipping industry. The Act’s definitions of ‘packaging’ are unclear on whether this new material is covered, causing confusion for carriers and shippers regarding liability. This confusion is a ‘difficulty’.
The Central Government could, within the first two years, use Section 11 to issue an order clarifying that this new material falls under the Act’s definition of ‘packaging’. This order would remove the difficulty, would not be inconsistent with the Act, and would then be presented to Parliament for review.
Conclusion
Section 11 provides a practical tool for the government to ensure the Carriage of Goods by Sea Act, 2025, works effectively from the start. It balances the need for administrative flexibility with the principles of legislative supremacy and parliamentary oversight, ensuring that any temporary fixes are time-bound, consistent with the law, and subject to review.
Related Provisions
Understanding Section 11 is enhanced by looking at other sections that grant powers to the Central Government or involve parliamentary procedure. Here are a few related provisions:
- Section 8: Power of Central Government to issue directions – This section gives the government a general power to issue directions for carrying out the Act’s provisions, which is a broader, ongoing power compared to the specific, time-limited power in Section 11 to remove difficulties.
- Section 9: Power of Central Government to amend Schedule – This grants the government the power to amend the Schedule (which contains the detailed rules) by notification. This is a more significant power than removing difficulties and also has its own oversight mechanisms.
- Section 10: Laying of notification before Parliament – This section details the procedure for parliamentary review of notifications, which is very similar to the requirement in Section 11(2) for orders to be laid before Parliament, highlighting the consistent theme of legislative oversight.
Learning Aids
Mnemonics
- FIX IT: Remember the core purpose is to Fix Issues eXpiring In Two years. This helps recall the problem-solving nature and the two-year time limit.
- POT: Parliament Oversees Temporary orders. This mnemonic emphasizes the key accountability mechanism where Parliament reviews the orders issued under this section.
Mind Map
Frequently Asked Questions
What exactly does ‘remove difficulties’ mean in a legal context?
It refers to fixing unforeseen practical problems that arise when trying to apply a new law. For example, if a term in the Act is ambiguous or a new technology isn’t covered, this power allows the government to issue a clarification to make the law work as intended without having to pass a whole new amendment immediately.
Can the government use this power to make major changes to the Act?
No. A key limitation is that any order issued must be ‘not inconsistent’ with the provisions of the Act. This means the government cannot change the fundamental principles, rights, or obligations established in the law. The power is for minor adjustments and clarifications, not for substantive changes.
What happens after the two-year period is over?
Once the two years from the Act’s commencement have passed, the Central Government can no longer use the special power granted by Section 11. If any new difficulties arise after this period, they would need to be addressed through the standard legislative process, which involves introducing an amendment bill in Parliament.
Test Your Knowledge
Quiz: Who has the authority to issue orders to remove difficulties under Section 11?
A) The Supreme Court of India
B) The Central Government
C) The individual State Governments
Show Answer
Correct Answer: B) The Central Government. The section explicitly states that the Central Government may, by order, make provisions to remove difficulties.
Quiz: What is the time limit for using the power to remove difficulties?
A) One year from the commencement of the Act.
B) Two years from the commencement of the Act.
C) There is no time limit.
Show Answer
Correct Answer: B) Two years from the commencement of the Act. The proviso to subsection (1) clearly states that no order shall be made after the expiry of two years.
More Quiz
Quiz: An order issued under Section 11 must be consistent with what?
A) International maritime conventions
B) The provisions of this Act
C) The carrier’s terms of service
Show Answer
Correct Answer: B) The provisions of this Act. Subsection (1) specifies that any provisions made must be ‘not inconsistent with the provisions of this Act’.
Quiz: What is the key accountability measure for orders made under this section?
A) They must be approved by the shipper’s association.
B) They must be published in major newspapers.
C) They must be laid before each House of Parliament.
Show Answer
Correct Answer: C) They must be laid before each House of Parliament. Subsection (2) mandates this step to ensure legislative oversight.