[Act No. 19 of 2025] 

[ 08th August, 2025 ]

PREAMBLE

An Act to provide for the responsibilities, liabilities, rights and immunities attached to carriers with respect to the carriage of goods by sea and for matters connected therewith or related thereto.

WHEREAS the delegates at the International Conference on Maritime Law held at Brussels in October, 1922, agreed unanimously to recommend their respective Governments to adopt as the basis of a Convention a draft Convention for the unification of certain rules relating to bills of lading;

AND WHEREAS at a meeting held at Brussels in October, 1923, the rules contained in the said draft Convention were amended by the Committee appointed by the said Conference;

AND WHEREAS the said rules were amended by the Protocol signed at Brussels on 23rd February,

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S.1 Short title and commencement

(1) This Act may be called the Carriage of Goods by Sea Act, 2025.

(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.

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1 . W.e.f. 10.09.2025, vide Notification No. SO4082(E) dated 08.09.2025.

S.2 Definitions

In this Act, unless the context otherwise requires,-

(a) "applicable rules" mean the applicable rules provided in the Schedule to this Act;

(b) "notification" means a notification published in the Official Gazette and the expression "notify" with its grammatical variation and cognate expressions shall be construed accordingly; and (c) "Schedule" means the Schedule annexed to this Act.

S.3 Application of Schedule

Subject to the provisions of this Act, the applicable rules laid down in the Schedule shall have effect in relation to and in connection with the carriage of goods by sea in ships carrying goods from any port in India to any other port, whether in or outside India.

S.4  No implied absolute undertaking in contracts to which applicable rules apply

There shall be no implied absolute undertaking in any contract for the carriage of goods by sea, to which the applicable rules apply, by the carrier of the goods to provide a seaworthy ship.

S.5 Statement as to application of Schedule to be included in bills of lading

Every bill of lading, or similar document of title, issued in India, which contains or is evidence of any contract to which the applicable rules apply, shall contain an express statement that it is to have effect subject to the applicable rules laid down in the Schedule, as applied by this Act.

S.6 Modification of Article VI of applicable rules in relation to goods carried in sailing ships and by specified routes

Article VI of the applicable rules shall, in relation to-

(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.

S.7 Modification of paragraphs 4 and 5 of Article III in relation to bulk cargoes

Where under the custom of any trade,--

(a) the weight of any bulk cargo inserted in the bill of lading is a weight ascertained or accepted by a third party other than the carrier or the shipper; and (b) the fact that the weight is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything contained in the applicable rules, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight so inserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper.

S.8 Power of Central Government to issue directions

The Central Government may give such directions, as it may deem necessary, for carrying out all or any of the provisions of this Act.

S.9 Power of Central Government to amend Schedule

(1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the Schedule.

(2) Any amendment notified under sub-section (1) shall have effect as if enacted in this Act and shall come into force on the date of the notification, unless the notification otherwise directs.

S.10 Laying of notification before Parliament

Every notification issued under this Act shall be laid, as soon as may be after it is issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done in pursuance of that notification.

S.11 Power to remove difficulties 

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette make such provisions, not inconsistent with the provisions of this Act as may appear to it to be necessary for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of a period of two years, from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

S.12 Repeal and savings

(1) The Indian Carriage of Goods by Sea Act, 1925 (26 of 1925) is hereby repealed.

(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 suc

Sch. See sections 3, 5 and 9

THE SCHEDULE 

[See sections 3, 5 and 9]

APPLICABLE RULES RELATING TO BILLS OF LADING ARTICLE I: Definitions.--

In these applicable rules the following expressions have the meanings hereby assigned to them respectively, that is to say-

(a) "carriage of goods" covers the period from the time when the goods are loaded on to the time when they are discharged from the ship;

(b) "carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper;

(c) "contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea including any bill of lading or any similar document as aforesaid issued under or pursuant to a charterparty from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same;

(d) "goods" in