COGSA
THE INDIAN CARRIAGE OF GOODS BY SEA ACT, 1925(As amended in the year 2000)
Below is an EXTRACT from the ACT.
1. Short title and extent –(1) This Act may be called THE INDIAN CARRIAGE OF GOODS BY SEA ACT, 1925(2) It extends to the whole of India. 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 carriage of goods by sea in ships carrying goods from any port in India to any other port whether in or outside India. 3. Absolute warranty of seaworthiness 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 any absolute undertaking by the carrier of the goods to provide a seaworthy ship. 4. Statement as to application of rules 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 Rules apply, shall contain an express statement that it is to have effect subject to the provisions of the said Rules and applied by this Act. 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 India to any other port whether in or outside India, and
(b) The carriage of goods by sea in ships carrying goods from a port in India notified in this behalf in the Official Gazette by the Central Government to a port of Ceylon 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. 6. Modification of Rules 4 and 5 of Article III in relation to bulk cargoes– Where under the custom of any trade 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 the fact that the weight is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything in the 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.
RULES RELATING TO BILL OF LADING
Article I Definitions In the Rules the following expressions have the meanings hereby assigned to them respectively, that is to say –
(a) “Carrier” includes the owner or the charterer who enters into a contract of carriage with a shipper;
(b) “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 charter party 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; (c) “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. (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 carriage of goods by sea; Article II Risks
Subject to provisions of Article cover 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,(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 package 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 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 paragraph 3 (a), (b) and (c). 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. 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. 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. 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. 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 inspection and tallying the goods. 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 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 of people or seizure under legal process;(h) Quarantine restrictions;(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 or 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 Rules or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting there from. 5. Neither the carrier nor the ship shall in any event be or become liable for any loss of 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. 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. 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. Where the nature or value of the goods has been knowingly misstated by the shipper ( so as to cause such entries) in the bill of lading , the liability of the carrier or ship shall not exceed the value so stated.
