Carriage of Goods by Sea Act, 1925

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THE CARRIAGE OF GOODS BY SEA ACT, 1925 
 
 
 
CONTENTS 
1.  Short title and extent 
2.  Application of Rules 
3.  Absolute warranty of sea worthiness not to be implied in contracts to which Rules apply 
4.  Statement as to application of Rules to be included in bills of lading 
5.  Modification of Article VI of Rules in relation to goods carried in sailing ships and by 
prescribed routes 
6.  Modification of Rules 4 and 5 of Article III in relation to bulk cargoes 
7.  Saving and operation 
SCHEDULE 

 
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THE CARRIAGE OF GOODS BY SEA ACT, 1925 
ACT NO. XXVI OF 1925 
[21st September, 1925] 
An Act to amend the law with respect to the carriage of goods by sea 
 WHEREAS at the International Conference on Maritime Law held at Brussels in October, 
1922, the delegates at the Conference, including the delegates representing His Majesty, 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 provision has been made by the Carriage of Goods by Sea Act, 1924 (14 & 
15 Geo, 5, c. 22.), that the said rules as so amended and as set out with modifications in the Schedule 
shall, subject to the provisions of that Act, have the force of law with a view to establishing the 
responsibilities, liabilities, rights and immunities attaching to carriers under bills of lading; 
 AND WHEREAS it is expedient that like provision should be made in 1[Pakistan]; it is 
hereby enacted as follows:___ 
 1. Short title and extent.___(1) This Act may be called the 2[*] Carriage of Goods by Sea 
Act, 1925.  
 1[(2) It extends to the whole of Pakistan.] 
 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 1[Pakistan] to any other 
port whether in or outside 1[Pakistan]. 
 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 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 1[Pakistan] 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 as applied by this Act. 
 
 
1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). 
2Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch.  
 
 
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 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[Pakistan] to any other port whether in or out side 1[Pakistan], and 
(b)  the carriage of goods by sea in ships carrying goods from a port in 1[Pakistan] 
notified in this behalf in the 2[official gazette] by the 3[Federal Government] to 
a port 4[in] 5[India or 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. 
 7. Saving and operation.___ (1) Nothing in this Act shall affect the operation of sections four 
hundred and forty six to four hundred and fifty, both inclusive, five hundred and two, and five 
hundred and three of the Merchant Shipping Act, 1894 (57 & 58 Vict, c. 60.), as amended by any 
subsequent enactment, or the operation of any other enactment for 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 
sea, before such day, not being earlier than the first day of January, 1926, as the 3[Federal 
Government] may, by notification in the 2[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. 
 
________ 
 
 
 
 
1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). 
2Subs. by Adaptation Order, 1937. 
3Subs. by the Federal Adaptation of laws Order, 1975 (P. O.  No. 4 of 1975), Art. 2and Table. 
4Ins. by Adaptation Order, 1961, Art. 2 and Sch. (with effect from the 23rd march, 1956). 
5Subs. by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949). 
 
 
 
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SCHEDULE 
RULES RELATING TO BILLS OF LADING 
ARTICLE I 
Definitions 
 In these 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 
relation between a carrier and a holder of the same : 
(c)  “Goods” includes goods, wares, merchandises, and articles of every kind 
whatsoever, except live animals and cargo which by the contract of carriage is 
stated as being carried on deck and is so carried:  
(d)  “Ship” means any vessel used for the carriage of goods by sea : 
(e)  “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. 
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 the beginning of the voyage, to exercise due 
diligence to ___ 
(a)  make the ship seaworthy: 
(b)  properly man, equip, and supply the ship: 
 
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(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 start, 
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 paragraph 3 (a), (b) and (c). 
 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 b 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. 
 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. 
 
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 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 Rules, shall be null and void and of no effect.  
 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 
I 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 prices, rules or people, or seizure under legal process : 
(h)  quarantine restriction: 
 
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(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 not the default 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 therefrom. 
 5. 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 100/- per package or unit, 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, bull shall not 
be binding or conclusive on the carrier. 
 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 figure above named. 
 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. 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 
 
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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. 
 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 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 Rules shall not be applicable to charterparties, but if bills of lading 
are issued in the case of a ship under a charter party they shall comply with the terms of these Rules. 
Nothing in these 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 as 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 character 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 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. 
 
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ARTICLE VIII 
Limitation of Liability 
 The provisions of these 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 
The monetary units mentioned in these Rules are to be taken to be gold value. 
_______ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
93356          Date: 03-02-2025