Ministry of Shipping
The Indian Carriage of Goods by Sea Act, 1925, was enacted to standardize and clarify the legal framework governing the carriage of goods by sea from Indian ports. Prior to this Act, the legal landscape was fragmented, leading to uncertainties and disputes in maritime trade. The Act adopted the internationally recognized Hague Rules, with certain modifications, to establish a consistent set of responsibilities, liabilities, rights, and immunities for carriers involved in transporting goods by sea. This Act falls under the Ministry of Ports, Shipping and Waterways.
Enactment Date, Number of Chapters, Number of Sections:
The Act was enacted on September 21, 1925. It consists of seven sections and a schedule containing the modified Hague Rules. While not explicitly divided into chapters, the Act covers key aspects of carriage of goods by sea, including the application of the rules, warranties, bills of lading, and modifications for specific cargo types.
Act Governed By:
The Act falls under Indian maritime law and is applicable to the carriage of goods from any port in India to any other port, whether within India or outside.
On Whom It Is Applicable:
The Act applies to carriers, shippers, consignees, and other parties involved in contracts for the carriage of goods by sea from Indian ports. It defines their respective rights and obligations under the modified Hague Rules.
Penalties/Punishments:
The Act itself does not specify penalties. However, it establishes liabilities for carriers in case of loss or damage to goods, subject to certain exceptions and limitations. Breaches of the Act’s provisions can lead to legal action and financial consequences for the carrier.
Important Pointers:
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Applies the Hague Rules, as modified, to the carriage of goods by sea from Indian ports.
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Removes the implied absolute warranty of seaworthiness in contracts covered by the Rules.
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Requires bills of lading to include an express statement regarding the application of the Rules.
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Modifies certain Articles of the Hague Rules concerning sailing ships, prescribed routes, and bulk cargoes.
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Preserves the operation of other enactments related to the limitation of liability for shipowners.