Act 26 of 1925 : The Indian Carriage of Goods by Sea Act, 1925

The Indian Carriage of Goods by Sea Act, 1925

ACTNO. 26 OF 1925

21 September, 1925

Section 1: Short title and extent.

(1) This Act may be called the Indian Carriage of Goods by Sea Act,1925.

(2) It extends to 1[the whole of India].

1. Subs. by the A.O. 1950, for "all the Provinces of India".

Section 2: Application of Rules.

Subject to the provisions of this Act, the rules set out in the Schedule(hereinafter referred to as "the Rules") shall have effect in relation to and in connection with the carriageof goods by sea in ships carrying goods from any port in 1[India] to any other port whether in or outside1[India].

1. Subs. ibid., for "the provinces".

Section 3: Absolute warranty of sea worthiness not to be implied in contracts to which Rules apply.

There shall not be implied in any contract for the carriage of goods by sea to which the Rules apply anyabsolute undertaking by the carrier of the goods to provide a seaworthy ship.

Section 4: Statement as to application of Rules to be included in bills of lading.

Every bill of lading, orsimilar document of title, issued in 1[India] which contains or is evidence of any contract to which theRules apply, shall contain an express statement that it is to have effect subject to the provisions of the saidRules as applied by this Act.

1. Subs. ibid., for "the provinces".

Section 5: Modification of Article VI of Rules in relation to goods carried in sailing ships and by prescribed routes.

Article VI of the Rules shall, in relation to--

(a) the carriage of goods by sea in sailing ships carrying goods from any port in 1[India] to anyother port whether in or outside 1[India], and

(b) the carriage of goods by sea in ships carrying goods from a port in 1[India] notified in thisbehalf in the Official Gazette by the Central Government to a port in Ceylon specified in the saidnotification,

have effect as though the said Article referred to goods of any class instead of to particular goods and asthough the proviso to the second paragraph of the said Article were omitted.

1. Subs. ibid., for "the provinces".

Section 6: Modification of Rules 4 and 5 of Article III in relation to bulk cargoes.

Where under thecustom of any trade the weight of any bulk cargo inserted in the bill of lading is a weight ascertained oraccepted by a third party other than the carrier or the shipper and the fact that the weight is so ascertainedor accepted is stated in the bill of lading, then, notwithstanding anything in the Rules, the bill of ladingshall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight soinserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to havebeen guaranteed by the shipper.

Section 7: Saving and operation.

(1) Nothing in this Act shall affect the operation of sections ⁶[section 331and Part XA] of the Merchant Shipping Act, 1958 (44 of 1958)j, or the operation of any other enactmentfor the time being in force limiting the liability of the owners of sea-going vessels.

(2) The Rules shall not by virtue of this Act apply to any contract for the carriage of goods by seabefore such day2, not being earlier than the first day of January, 1926, as the Central Government may, bynotification in the Official Gazette, appoint, nor to any bill of lading or similar document of title issued,whether before or after such day as aforesaid, in pursuance of any such contract as aforesaid.

1. Subs. by Act 52 of 1964, s. 3 and the Second Schedule for "sections 331 and 352" (w.e.f. 16-10-1992).

2. 1st January, 1926, see Gazette of India, 1925, Pt. I, p. 950.