Section 12 of The Carriage of Goods by Sea Act 2025 Repeal and savings
Original Section Text
(2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,––
(a) the previous operation of the Act so repealed or anything done or any action taken or purported to have been done or taken or suffered thereunder under the Act so repealed; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or
(c) the operation of any rule, notification, order, notice or direction issued or exemption granted thereunder, in so far as it is not inconsistent with the provisions of this Act, and shall be in force until it is repealed or superseded under the corresponding provisions of this Act; or
(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Act had not been repealed; or
(e) the reference made to the repealed Act under any other legislation, rule, order, or any other legal instrument and any such reference shall, in so far as it is not inconsistent with the provisions of this Act, be construed to as a reference to this Act or its corresponding provisions.
(3) Nothing in this Act shall affect the operation of section 331 and the provisions of Part XA, of the Merchant Shipping Act, 1958 (44 of 1958), or the operation of any other enactment for the time being in force limiting the liability of the owners of sea-going vessels.
(4) Without prejudice to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply with regard to the effect of repeal.
Visual Summary
Repeal of Old Act
The Carriage of Goods by Sea Act of 1925 is officially cancelled and replaced.
Savings Clause
Protects all rights, duties, and legal cases that existed under the old 1925 Act.
Continuity of Rules
Old rules and notifications stay valid if they don’t clash with this new Act.
Other Laws Unaffected
This Act does not override other specific laws, like the Merchant Shipping Act, 1958.
Executive Summary
This section acts as a transition rule. It officially cancels the old law, the Indian Carriage of Goods by Sea Act of 1925. However, it includes a ‘savings’ clause to prevent legal chaos. This means that any rights, obligations, contracts, or ongoing legal cases that started under the old law are still valid and can continue. It ensures a smooth changeover to the new Act without disrupting past business and legal matters. It also clarifies that this new law doesn’t interfere with other important maritime laws, such as the Merchant Shipping Act.
In-Depth Analysis of the Section
Introduction
When a new law is created to replace an old one, it’s crucial to manage the transition smoothly. Section 12, known as the ‘Repeal and Savings’ clause, is designed for this exact purpose. It formally retires the old legislation while preserving the validity of actions and rights established under it.
Breakdown of the Section
Let’s break down what each part of Section 12 does:
- Sub-section (1): The Repeal. This is straightforward. It states that the ‘Indian Carriage of Goods by Sea Act, 1925’ is no longer in effect. It has been officially replaced by this new 2025 Act.
- Sub-section (2): The Savings. This is the most important part. It ensures that repealing the old Act doesn’t create a legal vacuum. Specifically, it ‘saves’ or protects:
- (a) Anything that was already done under the old Act.
- (b) Any rights or responsibilities that people or companies acquired under the old Act.
- (c) Old rules and notifications, as long as they don’t contradict the new Act.
- (d) Any ongoing legal proceedings. They can continue as if the old Act were still in place.
- (e) Any mention of the old 1925 Act in other documents is now to be read as a reference to this new 2025 Act.
- Sub-section (3): Non-interference with Other Laws. This clarifies that the new Act has its own lane. It doesn’t change or affect other specific laws, particularly parts of the Merchant Shipping Act, 1958, or any other laws that limit the financial liability of ship owners. This prevents accidental conflicts between different statutes.
- Sub-section (4): Legal Foundation. This part refers to the General Clauses Act, 1897, which provides standard legal rules for how repeals work in Indian law. It’s a technical point that ensures the repeal is handled according to established legal principles.
Practical Example
Imagine a company, ‘Global Exports,’ signed a contract in 2024 to ship goods from Mumbai to London. This contract was governed by the 1925 Act. In 2026, a dispute arises over damaged goods. Even though the 1925 Act is now repealed, Section 12(2) ensures that Global Exports can still rely on the rights and obligations defined in their original contract. Their legal case can proceed based on the law that was in effect when the agreement was made.
Conclusion
Section 12 is a critical piece of legal housekeeping. It ensures a seamless and fair transition from the old law to the new one, providing certainty and stability for the maritime industry. It protects past agreements and ongoing disputes while clearly establishing the legal framework for the future.
Related Provisions
Understanding Section 12 is easier when you see how it connects with other foundational parts of the Act. Here are a few related sections:
- Section 1: Short title and commencement – This section formally names the new Act and specifies when it comes into effect, which is the starting point for the repeal mentioned in Section 12.
- Section 3: Application of Schedule – This section details where the new rules apply, directly replacing the scope of the repealed 1925 Act.
Learning Aids
Mnemonics
- Use the acronym REPS to remember the key functions of Section 12:
R – Repeals the old 1925 Act.
E – Ensures continuity for past actions.
P – Protects existing rights and legal cases.
S – Saves other laws (like the Merchant Shipping Act) from being affected.
Mind Map
Frequently Asked Questions
What does ‘repeal and savings’ mean in simple terms?
It means cancelling an old law (‘repeal’) but keeping certain things from it valid (‘savings’), like existing contracts or legal cases, to avoid problems and ensure a smooth transition to the new law.
My shipping contract was made in 2024 under the old 1925 Act. Is it still valid?
Yes, absolutely. Section 12 ensures that rights, privileges, and obligations from contracts made under the old Act are protected and remain valid even after the new Act is in force.
Does this new 2025 Act cancel every other maritime law?
No. Section 12 specifically states that it does not affect certain other laws, such as specific parts of the Merchant Shipping Act, 1958, or any other laws that limit a ship owner’s liability.
Test Your Knowledge
Quiz: What is the main purpose of Section 12(1)?
A) To introduce a new shipping tax
B) To repeal the Indian Carriage of Goods by Sea Act, 1925
C) To define the term ‘carrier’
Show Answer
Correct Answer: B) This sub-section explicitly states that the old Act of 1925 is repealed, meaning it is no longer law.
Quiz: If a legal case started under the 1925 Act, what happens to it after this new Act comes into force?
A) The case is immediately dismissed
B) The case can continue as if the old Act was not repealed
C) The case must be restarted from the beginning under the new Act
Show Answer
Correct Answer: B) The ‘savings’ clause in Section 12(2)(d) ensures that any ongoing proceeding or remedy can be continued and enforced as if the old Act were still in place.
More Quiz
Quiz: Does the Carriage of Goods by Sea Act, 2025, affect the Merchant Shipping Act, 1958?
A) Yes, it repeals it entirely
B) No, Section 12 states it does not affect specific parts of that Act
C) It only affects shipping contracts, not other Acts
Show Answer
Correct Answer: B) Section 12(3) explicitly carves out an exception, stating that the new Act does not affect the operation of specific provisions of the Merchant Shipping Act, 1958.
Quiz: What happens to a government notification that was issued under the old 1925 Act?
A) It is automatically invalid
B) It remains in force as long as it is not inconsistent with the new Act
C) It must be re-issued by Parliament
Show Answer
Correct Answer: B) According to Section 12(2)(c), old rules and notifications continue to be in force, provided they do not conflict with the provisions of the new 2025 Act.