The Carriage of Goods by Sea Act, 2025
Introduction
The Carriage of Goods by Sea Act, 2025 is a crucial piece of legislation designed to modernize maritime law in India. It clearly defines the responsibilities, liabilities, rights, and immunities for carriers involved in the transportation of goods by sea. This act aligns Indian law with international standards, specifically the Hague-Visby Rules, ensuring a standardized legal framework for bills of lading and maritime trade originating from Indian ports.
Complete List of Sections
- Section 1: Short title and commencement
- Section 2: Definitions
- Section 3: Application of Schedule
- Section 4: No implied absolute undertaking in contracts to which applicable rules apply
- Section 5: Statement as to application of Schedule to be included in bills of lading
- Section 6: Modification of Article VI of applicable rules in relation to goods carried in sailing ships and by specified routes
- Section 7: Modification of paragraphs 4 and 5 of Article III in relation to bulk cargoes
- Section 8: Power of Central Government to issue directions
- Section 9: Power of Central Government to amend Schedule
- Section 10: Laying of notification before Parliament
- Section 11: Power to remove difficulties
- Section 12: Repeal and savings
Conclusion
In summary, The Carriage of Goods by Sea Act, 2025 is a significant legislative update that repeals the outdated 1925 Act. By re-enacting the law with modern provisions, it enhances clarity, aligns with global maritime trade practices, and provides a robust legal framework for the rights and obligations of carriers and shippers, thereby strengthening India’s position in international commerce.
Frequently Asked Questions
What is the main purpose of The Carriage of Goods by Sea Act, 2025?
The primary purpose of this Act is to establish a clear and modern set of rules governing the responsibilities, liabilities, rights, and immunities of carriers when transporting goods by sea from India. It aims to standardize practices in line with international conventions.
Who does this Act apply to?
This Act specifically applies to the carriage of goods by sea in ships departing from any port in India to any other port, whether that destination is within or outside India. It governs contracts covered by a bill of lading or a similar document of title.
What law did this Act replace?
This Act repeals and replaces the older Indian Carriage of Goods by Sea Act, 1925. It modernizes the previous legislation while preserving its core principles and ensuring a smooth transition for the maritime industry.