Section 6 of The Carriage of Goods by Sea Act 2025 Modification of Article VI of applicable rules in relation to goods carried in sailing ships and by specified routes
Original Section Text
(a) the carriage of goods by sea in sailing ships, carrying goods from any port in India to any other port whether in or outside India;
(b) the carriage of goods by sea in ships, carrying goods from a port in India notified in this behalf, to a port in Sri Lanka specified in the said notification,
have effect as though the said Article referred to goods of any class instead of to particular goods and as though the proviso to the second paragraph of the said Article were omitted.
Visual Summary
Special Shipments
Applies to sailing ships from India and specific routes to Sri Lanka.
Rule Modification
Changes how Article VI of the Schedule applies to these specific cases.
Broader Scope
Allows special agreements for ‘any class’ of goods, not just ‘particular’ ones.
Restriction Removed
Removes the rule that normally prevents special agreements for ordinary commercial shipments.
Executive Summary
This section creates special exceptions for two specific types of sea transport: goods carried on sailing ships from India, and goods on ships traveling along certain government-notified routes from India to Sri Lanka. For these shipments, the law allows the shipper and the carrier to make more flexible agreements than are usually permitted. It broadens the type of goods that can be covered by such special agreements and even allows them for ordinary, everyday commercial shipments, which is normally not allowed.
In-Depth Analysis of the Section
Introduction
Section 6 of the Act serves as a specific carve-out, acknowledging that not all sea carriage is the same. It modifies the standard international rules (found in Article VI of the Schedule) to provide greater flexibility for traditional shipping methods (sailing ships) and for specific, designated trade routes (like certain routes to Sri Lanka). This helps facilitate trade in situations where the standard, rigid rules might be impractical.
Breakdown of the Section
The section makes two key changes to how Article VI of the ‘applicable rules’ works, but only for the two specified scenarios:
- ‘Any Class’ of Goods, Not Just ‘Particular Goods’: Normally, Article VI allows for special agreements only for ‘particular goods’ that are not ordinary commercial shipments. Section 6 broadens this, stating that for sailing ships and specified India-Sri Lanka routes, these special agreements can be made for ‘goods of any class’. This means the flexibility isn’t limited to unusual or non-commercial cargo.
- Omission of the Proviso: This is the most significant change. The proviso in Article VI explicitly states that special agreements cannot be made for ‘ordinary commercial shipments made in the ordinary course of trade’. By removing this restriction, Section 6 allows shippers and carriers on these specific routes to negotiate unique terms and conditions even for regular, standard commercial cargo. This gives them much more contractual freedom.
Practical Example
Imagine a small business in a coastal town in Tamil Nadu that exports textiles to Colombo, Sri Lanka. The government has notified this sea route under Section 6. The business and a small shipping line want to agree on a simplified contract with different liability terms because the shipment is small and frequent. Under the standard rules (Article VI), this would be forbidden because textiles are an ‘ordinary commercial shipment’. However, because of Section 6, they are legally allowed to create this special agreement, making the trade process simpler and more customized for their needs.
Conclusion
Section 6 is a practical provision that adapts international shipping rules to local and specific contexts. By creating exceptions for sailing ships and key regional trade routes, it promotes commerce by allowing for more flexible and suitable contractual arrangements between parties, moving beyond the one-size-fits-all approach of the standard rules.
Related Provisions
Understanding Section 6 is easier when viewed alongside other parts of the Act that establish the framework for the shipping rules. The following sections are particularly relevant:
- Section 3: Application of Schedule – This section is fundamental as it establishes that the rules in the Schedule apply to all goods carried by sea from India. Section 6 then acts as a specific modification to those rules for certain cases.
- Section 5: Statement as to application of Schedule to be included in bills of lading – This section mandates that every bill of lading must state that it is subject to the rules in the Schedule. While Section 6 allows for special agreements that might not use a standard bill of lading, it operates within the context set by Section 5.
Learning Aids
Mnemonics
- S-S-S: Remember ‘Section Six’ gives ‘Special’ rules for ‘Sailing ships’ and ‘Sri Lanka’ routes.
Mind Map
ModificationsApplies ToChanges to
Article VISailing Ships from IndiaSpecific Routes to Sri LankaApplies to ‘Any Class’ of GoodsProviso is Omitted
Frequently Asked Questions
What is the main purpose of Section 6?
The main purpose is to create special, more flexible shipping contract rules for two specific situations: goods carried on sailing ships from any Indian port, and goods carried on specific, government-approved sea routes from India to Sri Lanka.
Does this section apply to all shipments from India?
No, it is very specific. It only applies if the goods are transported on (a) a sailing ship, or (b) a ship traveling on a route from India to Sri Lanka that has been officially notified by the government for this purpose. It does not apply to regular container ships going to other countries.
What does ‘omitting the proviso’ mean in simple terms?
In simple terms, it means that for these specific shipments, the shipping company and the customer can create a special agreement with unique terms even for regular, everyday commercial goods. Normally, the rules (in Article VI) forbid such special agreements for ordinary commercial trade, but this section removes that restriction for these cases.
Test Your Knowledge
Quiz: Section 6 provides special rules for which type of vessel?
A) All container ships
B) Sailing ships
C) Oil tankers
Show Answer
Correct Answer: B) Sailing ships. The section explicitly mentions the carriage of goods by sea in sailing ships.
Quiz: This section modifies rules for a specific shipping route between India and which other country?
A) China
B) United Kingdom
C) Sri Lanka
Show Answer
Correct Answer: C) Sri Lanka. The section specifies routes from a notified port in India to a specified port in Sri Lanka.
More Quiz
Quiz: What is one key change Section 6 makes to Article VI for these specific shipments?
A) It makes the rules much stricter
B) It allows special agreements to cover ‘any class’ of goods, not just ‘particular’ ones
C) It doubles the financial liability limit for carriers
Show Answer
Correct Answer: B) It allows special agreements to cover ‘any class’ of goods, not just ‘particular’ ones. This broadens the scope of when special agreements can be used.
Quiz: By omitting the proviso to Article VI, Section 6 allows for what?
A) Special agreements even for ordinary commercial shipments
B) Shipping without a bill of lading
C) Carriers to ignore all safety rules
Show Answer
Correct Answer: A) Special agreements even for ordinary commercial shipments. The proviso normally prevents this, so its omission is a major change for these specific routes.