The Carriage of Goods by Sea Act, 2025

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” includes any property including live animals as well as containers, pallets or similar

articles of transport or packaging supplied by the consignor, irrespective of whether such property

is to be or is carried on or under deck;

(e) “ship” means any vessel used for the carriage of goods by sea.

ARTICLE II: Risks.––Subject to the provisions of Article VI, under every contract of carriage of

goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care, and

discharge of such goods, shall be subject to the responsibilities and liabilities, and entitled to the rights

and immunities hereinafter set forth.

ARTICLE III: Responsibilities and liabilities.––(1) The carrier shall be bound, before and at the

beginning of the voyage, to exercise due diligence to—

(a) make the ship seaworthy;

(b) properly man, equip, and supply the ship; and

(c) make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods

are carried, fit and safe for their reception, carriage and preservation.

(2) Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow,

carry, keep, care for and discharge the goods carried.

(3) After receiving the goods into his charge, the carrier, or the master or agent of the carrier, shall,

on demand of the shipper, issue to the shipper a bill of lading showing among other things—

 (a) the leading marks necessary for identification of the goods, as the same are furnished in

writing by the shipper before the loading of such goods starts, provided such marks are stamped or

otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such

goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage;

(b) either the number of packages or pieces, or the quantity, or weight, as the case may be, as

furnished in writing by the shipper;

(c) the apparent order and condition of the goods:

Provided that no carrier, master or agent of the carrier, shall be bound to state or show in the bill of

lading any marks, number, quantity, or weight, which he has reasonable ground for suspecting not

accurately to represent the goods actually received, or which he has had no reasonable means of

checking.

(4) Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as

therein described in accordance with clauses (a), (b) and (c) of paragraph 3 of this Article. However,

proof to the contrary shall not be admissible when the bill of lading has been transferred to a third party

acting in good faith.

(5) The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment

of the marks, number, quantity, and weight, as furnished by him, and the shipper shall indemnify the

carrier against all loss, damages, and expenses arising or resulting from inaccuracies in such particulars.

The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the

contract of carriage to any person other than the shipper.

(6) (a) Unless notice of loss or damage and the general nature of such loss or damage be given in

writing to the carrier or his agent at the port of discharge before or at the time of the removal of the

goods into the custody of the person entitled to delivery thereof under the contract of carriage, or if, the

loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the

delivery by the carrier of the goods as described in the bill of lading.

(b) The notice in writing need not be given if the state of the goods has at the time of their receipt

been the subject of joint survey or inspection.

(c) In any event the carrier and the ship shall be discharged from all liability in respect of loss or

damage unless suit is brought within one year after delivery of the goods or the date when the goods

should have been delivered. This period may, however, be extended if the parties so agree after the

cause of action has arisen:

Provided that a suit may be brought after the expiry of the period of one year referred to in this sub-

paragraph within a further period of not more than three months as allowed by the court.

(d) In the case of any actual or apprehended loss or damage, the carrier and the receiver shall give

all reasonable facilities to each other for inspecting and tallying the goods.

(7) After the goods are loaded, the bill of lading to be issued by the carrier, master or agent of the

carrier, to the shipper shall, if the shipper so demands, be a “shipped” bill of lading, provided that, if

the shipper shall have previously taken up any document of title to such goods, he shall surrender the

same as against the issue of the “shipped” bill of lading, but at the option of the carrier, such document

of title may be noted at the port of shipment by the carrier, master, or agent with the name or names of

the ship or ships upon which the goods have been shipped and the date or dates of shipment, and when

so noted the same shall for the purpose of this Article be deemed to constitute a “shipped” bill of lading.

(8) Any clause, covenant or agreement in a contract of carriage relieving the carrier or the ship from

liability for loss or damage to or in connection with goods arising from negligence, fault or failure in

the duties and obligations provided in this Article or lessening such liability otherwise than as provided

in these applicable rules, shall be null and void and of no effect.

 (9) A benefit of insurance or similar clause shall be deemed to be a clause relieving the carrier from

liability.

ARTICLE IV: Rights and immunities.––(1) Neither the carrier nor the ship shall be liable for loss

or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part

of the carrier to make the ship seaworthy, and to secure that the ship is properly manned, equipped and

supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which

goods are carried fit and safe for their reception, carriage and preservation in accordance with the

provisions of paragraph 1 of Article III. Whenever loss or damage has resulted from unseaworthiness,

the burden of proving the exercise of due diligence shall be on the carrier or other person claiming

exemption under this section.

(2) Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from—

(a) act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the

navigation or in the management of the ship;

(b) fire, unless caused by the actual fault or privity of the carrier;

(c) perils, dangers and accidents of the sea or other navigable waters;

(d) act of God;

(e) act of war;

(f) act of public enemies;

(g) arrest or restraint of princes, rulers or people, or seizure under legal process;

(h) quarantine restriction;

(i) act or omission of the shipper or owner of the goods, his agent, or representative;

(j) strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or

general;

(k) riots and civil commotions;

(l) saving or attempting to save life or property at sea;

(m) wastage in bulk or weight or any other loss or damage arising from inherent defect, quality,

or vice of the goods;

(n) insufficiency of packing;

(o) insufficiency or inadequacy of marks;

(p) latent defects not discoverable by due diligence;

(q) any other cause arising without the actual fault or privity of the carrier, or without the fault or

neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming

the benefit of this exception to show that neither the actual fault nor privity of the carrier nor the

fault or neglect of the agents or servants of the carrier contributed to the loss or damage.

(3) The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising

or resulting from any cause without the act, fault or neglect of the shipper, his agents, or his servants.

(4) Any deviation in saving or attempting to save life or property at sea, or any reasonable deviation

shall not be deemed to be an infringement or breach of these applicable rules or of the contract of

carriage, and the carrier shall not be liable for any loss or damage resulting therefrom.

(5) (a) Neither the carrier nor the ship shall in any event be or become liable for any loss or damage

to or in connection with goods in an amount exceeding 666.67 Special Drawing Rights per package or

unit or two Special Drawing Rights per kilogram of gross weight of the goods lost or damaged,

whichever is higher or the equivalent of that sum in other currency, unless the nature and value of such

goods have been declared by the shipper before shipment and inserted in the bill of lading. This

declaration if embodied in the bill of lading shall be prima facie evidence, but shall not be binding or

conclusive on the carrier.

(b) Where a container, pallet or similar article of transport is used to consolidate goods, the number

of packages or units enumerated in the bill of lading and as packed in such article of transport shall be

deemed to be the number of packages or units for the purposes of this paragraph as far as these packages

or units are concerned.

(c) Neither the carrier nor the ship shall be entitled to the benefit of limitation of liability provided

for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done

with intent to cause damage, or recklessly and with knowledge that damage would probably result.

(d) Where the nature or value of the goods has been knowingly mis-stated by the shipper in the bill

of lading, the liability of the carrier or ship shall not exceed the value so stated.

(e) By agreement between the carrier, master or agent of the carrier and the shipper, another

maximum amount than that mentioned in this paragraph may be fixed, provided that such maximum

shall not be less than the figure above named.

(f) Neither the carrier nor the ship shall be responsible in any event for loss or damage to or in

connection with goods if the nature or value thereof has been knowingly mis-stated by the shipper in

the bill of lading.

(6) (a) Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier,

master or agent of the carrier, has not consented, with knowledge of their nature and character, may at

any time before discharge be landed at any place or destroyed or rendered innocuous by the carrier

without compensation, and the shipper of such goods shall be liable for all damages and expenses

directly or indirectly arising out of or resulting from such shipment.

(b) If any such goods shipped with such knowledge and consent shall become a danger to the ship

or cargo, they may in like manner be landed at any place or destroyed or rendered innocuous by the

carrier without liability on the part of the carrier except to general average, if any.

ARTICLE V: Surrender of Rights and Immunities, and Increase of Responsibilities and

Liabilities.—A carrier shall be at liberty to surrender in whole or in part all or any of his rights and

immunities or to increase any of his responsibilities and liabilities under the applicable rules contained

in any of these Articles, provided such surrender or increase shall be embodied in the bill of lading

issued to the shipper. The provisions of these applicable rules shall not apply to charterparties, but if

bills of lading are issued in the case of a ship under a charterparty they shall comply with the terms of

these applicable rules. Nothing in these applicable rules shall be held to prevent the insertion in a bill

of lading of any lawful provision regarding general average.

ARTICLE VI: Special conditions.––Notwithstanding the provisions of the preceding Articles, a

carrier, master or agent of the carrier, and a shipper shall, in regard to any particular goods be at liberty

to enter into any agreement in any terms to the responsibility and liability of the carrier for such goods,

and as to the rights and immunities of the carrier in respect of such goods, or his obligation as to

seaworthiness, so far as this stipulation is not contrary to public policy, or the care or diligence of his

servants or agents in regard to the loading, handling, stowage, carriage, custody, care, and discharge of

the goods carried by sea, provided that in this case no bill of lading has been or shall be issued and that

the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be

marked as such. Any agreement so entered into shall have full legal effect:

Provided that this Article shall not apply to ordinary commercial shipments made in the ordinary

course of trade, but only to other shipments where the charter or condition of the property to be carried

or the circumstances, terms and conditions under which the carriage is to be performed, are such as

reasonably to justify a special agreement.

ARTICLE VII: Limitations on the application of the applicable rules.–– Nothing herein contained

shall prevent a carrier or a shipper from entering into any agreement, stipulation, condition, reservation

or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to or

in connection with the custody and care and handling of goods prior to the loading on and subsequent

to the discharge from the ship on which the goods are carried by sea.

ARTICLE VIII: Limitation of liability.––The provisions of these applicable rules shall not affect

the rights and obligations of the carrier under any statute for the time being in force relating to the

limitation of the liability of owners of sea-going vessels.

ARTICLE IX: Gold value.––The monetary units mentioned in these applicable rules are to be taken

to be gold value.