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  "title": "Carriage of Goods by Sea Act, 1925",
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  "text": "Page 1 of 9 \r\n \r\n \r\n \r\nTHE CARRIAGE OF GOODS BY SEA ACT, 1925 \r\n \r\n \r\n \r\nCONTENTS \r\n1.  Short title and extent \r\n2.  Application of Rules \r\n3.  Absolute warranty of sea worthiness not to be implied in contracts to which Rules apply \r\n4.  Statement as to application of Rules to be included in bills of lading \r\n5.  Modification of Article VI of Rules in relation to goods carried in sailing ships and by \r\nprescribed routes \r\n6.  Modification of Rules 4 and 5 of Article III in relation to bulk cargoes \r\n7.  Saving and operation \r\nSCHEDULE \r\n\r\n \r\nPage 2 of 9 \r\n \r\nTHE CARRIAGE OF GOODS BY SEA ACT, 1925 \r\nACT NO. XXVI OF 1925 \r\n[21st September, 1925] \r\nAn Act to amend the law with respect to the carriage of goods by sea \r\n WHEREAS at the International Conference on Maritime Law held at Brussels in October, \r\n1922, the delegates at the Conference, including the delegates representing His Majesty, agreed \r\nunanimously to recommend their respective Governments to adopt as the basis of a convention a \r\ndraft convention for the unification of certain rules relating to bills of lading; \r\n AND WHEREAS at a meeting held at Brussels in October, 1923, the rules contained in the \r\nsaid draft convention were amended by the Committee appointed by the said Conference; \r\n AND WHEREAS provision has been made by the Carriage of Goods by Sea Act, 1924 (14 & \r\n15 Geo, 5, c. 22.), that the said rules as so amended and as set out with modifications in the Schedule \r\nshall, subject to the provisions of that Act, have the force of law with a view to establishing the \r\nresponsibilities, liabilities, rights and immunities attaching to carriers under bills of lading; \r\n AND WHEREAS it is expedient that like provision should be made in 1[Pakistan]; it is \r\nhereby enacted as follows:___ \r\n 1. Short title and extent.___(1) This Act may be called the 2[*] Carriage of Goods by Sea \r\nAct, 1925.  \r\n 1[(2) It extends to the whole of Pakistan.] \r\n 2. Application of Rules.___Subject to the provisions of this Act, the rules set out in the \r\nschedule (hereinafter referred to as “the Rules”) shall have effect in relation to and in connection \r\nwith the carriage of goods by sea in ships carrying goods from any port in 1[Pakistan] to any other \r\nport whether in or outside 1[Pakistan]. \r\n 3. Absolute warranty of sea worthiness not to be implied in contracts to which Rules \r\napply.___There shall not be implied in any contract for the carriage of goods by sea to which the \r\nRules apply any absolute undertaking by the carrier of the goods to provide a seaworthy ship. \r\n 4. Statement as to application of Rules to be included in bills of lading. ___Every bill of \r\nlading, or similar document of title, issued in 1[Pakistan] which contains or is evidence of any \r\ncontract to which the Rules apply, shall contain an express statement that it is to have effect subject \r\nto the provisions of the said Rules as applied by this Act. \r\n \r\n \r\n1Subs. 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). \r\n2Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch.  \r\n \r\n \r\nPage 3 of 9 \r\n \r\n 5. Modification of Article VI of Rules in relation to goods carried in sailing ships and by \r\nprescribed routes.___Article VI of the Rules shall, in relation to ___ \r\n(a)  the carriage of goods by sea in sailing ships carrying goods from any port in \r\n1[Pakistan] to any other port whether in or out side 1[Pakistan], and \r\n(b)  the carriage of goods by sea in ships carrying goods from a port in 1[Pakistan] \r\nnotified in this behalf in the 2[official gazette] by the 3[Federal Government] to \r\na port 4[in] 5[India or Ceylon] specified in the said notification, \r\nhave effect as though the said Article referred to goods of any class instead of to particular goods and \r\nas though the proviso to the second paragraph of the said Article were omitted.  \r\n 6. Modification of Rules 4 and 5 of Article III in relation to bulk cargoes.___Where under \r\nthe custom of any trade the weight of any bulk cargo inserted in the bill of lading is a weight \r\nascertained or accepted by a third party other than the carrier or the shipper and the fact that the \r\nweight is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything in \r\nthe Rules, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the \r\nreceipt of goods of the weight so inserted in the bill of lading, and the accuracy thereof at the time of \r\nshipment shall not be deemed to have been guaranteed by the shipper. \r\n 7. Saving and operation.___ (1) Nothing in this Act shall affect the operation of sections four \r\nhundred and forty six to four hundred and fifty, both inclusive, five hundred and two, and five \r\nhundred and three of the Merchant Shipping Act, 1894 (57 & 58 Vict, c. 60.), as amended by any \r\nsubsequent enactment, or the operation of any other enactment for the time being in force limiting \r\nthe liability of the owners of sea-going vessels.  \r\n (2) The Rules shall not by virtue of this Act apply to any contract for the carriage of goods by \r\nsea, before such day, not being earlier than the first day of January, 1926, as the 3[Federal \r\nGovernment] may, by notification in the 2[official Gazette], appoint, nor to any bill of lading or \r\nsimilar document of title issued, whether before or after such day as aforesaid, in pursuance of any \r\nsuch contract as aforesaid. \r\n \r\n________ \r\n \r\n \r\n \r\n \r\n1Subs. 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). \r\n2Subs. by Adaptation Order, 1937. \r\n3Subs. by the Federal Adaptation of laws Order, 1975 (P. O.  No. 4 of 1975), Art. 2and Table. \r\n4Ins. by Adaptation Order, 1961, Art. 2 and Sch. (with effect from the 23rd march, 1956). \r\n5Subs. by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949). \r\n \r\n \r\n \r\nPage 4 of 9 \r\n \r\nSCHEDULE \r\nRULES RELATING TO BILLS OF LADING \r\nARTICLE I \r\nDefinitions \r\n In these Rules the following expressions have the meanings hereby assigned to them \r\nrespectively, that is to say___ \r\n(a) “Carrier” includes the owner or the charterer who enters into a contract of \r\ncarriage with a shipper : \r\n(b) “Contract of carriage” applies only to contracts of carriage covered by a bill of \r\nlading or any similar document of title, in so far as such document relates to \r\nthe carriage of goods by sea including any bill of lading or any similar \r\ndocument as aforesaid issued under or pursuant to a charter party from the \r\nmoment at which such bill of lading or similar document of title regulates the \r\nrelation between a carrier and a holder of the same : \r\n(c)  “Goods” includes goods, wares, merchandises, and articles of every kind \r\nwhatsoever, except live animals and cargo which by the contract of carriage is \r\nstated as being carried on deck and is so carried:  \r\n(d)  “Ship” means any vessel used for the carriage of goods by sea : \r\n(e)  “Carriage of goods” covers the period from the time when the goods are \r\nloaded on to the time when they are discharged from the ship. \r\nARTICLE II \r\nRisks \r\n Subject to the provisions of Article VI, under every contract of carriage of goods by sea the \r\ncarrier, in relation to the loading, handling, stowage, carriage, custody, care, and discharge of such \r\ngoods, shall be subject to the responsibilities and liabilities, and entitled to the rights and immunities \r\nhereinafter set forth. \r\nARTICLE III \r\nResponsibilities and Liabilities \r\n 1. The carrier shall be bound, before and the beginning of the voyage, to exercise due \r\ndiligence to ___ \r\n(a)  make the ship seaworthy: \r\n(b)  properly man, equip, and supply the ship: \r\n \r\nPage 5 of 9 \r\n \r\n(c)  make the holds, refrigerating and cool chambers, and all other parts of the ship \r\nin which goods are carried, fit and safe for their reception, carriage and \r\npreservation. \r\n 2. Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, \r\nstow, carry, keep, care for and discharge the goods carried. \r\n 3. After receiving the goods into his charge, the carrier, or the master or agent of the carrier, \r\nshall on demand of the shipper, issue to the shipper a bill of lading showing among other things___ \r\n(a) The leading marks necessary for identification of the goods as the same are \r\nfurnished in writing by the shipper before the loading of such goods start, \r\nprovided such marks are stamped or otherwise shown clearly upon the goods \r\nif uncovered, or on the cases or coverings in which such goods are contained, \r\nin such a manner as should ordinarily remain legible until the end of the \r\nvoyage: \r\n(b) Either the number of packages or pieces, or the quantity, or weight, as the case \r\nmay be, as furnished in writing by the shipper: \r\n(c) The apparent order and condition of the goods: \r\n Provided that no carrier, master or agent of the carrier, shall be bound to state or show in the \r\nbill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting \r\nnot accurately to represent the goods actually received, or which he has had no reasonable means of \r\nchecking. \r\n 4. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods \r\nas therein described in accordance with paragraph 3 (a), (b) and (c). \r\n 5. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of \r\nshipment of the marks, number, quantity, and weight, as furnished by him, and the shipper shall \r\nindemnify the carrier against all loss, damages, and expenses arising or resulting from inaccuracies in \r\nsuch particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and \r\nliability under the contract of carriage to any person other than the shipper. \r\n 6. Unless notice of loss or damage and the general nature of such loss or damage be given in \r\nwriting to the carrier or his agent at the port of discharge before or at the time of the removal of the \r\ngoods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if \r\nthe loss or damage b not apparent, within three days, such removal shall be prima facie evidence of \r\nthe delivery by the carrier of the goods as described in the bill of lading. \r\n The notice in writing need not be given if the state of the goods has at the time of their receipt \r\nbeen the subject of joint survey or inspection. \r\n In any event the carrier and the ship shall be discharged from all liability in respect of loss or \r\ndamage unless suit is brought within one year after delivery of the goods or the date when the goods \r\nshould have been delivered. \r\n In the case of any actual or apprehended loss or damage, the carrier and the receiver shall \r\ngive all reasonable facilities to each other for inspecting and tallying the goods. \r\n \r\nPage 6 of 9 \r\n \r\n 7. After the goods are loaded the bill of lading to be issued by the carrier, master or agent of \r\nthe carrier, to the shipper shall, if the shipper so demands, be a “shipped” bill of lading, provided \r\nthat, if the shipper shall have previously taken up any document of title to such goods, he shall \r\nsurrender the same as against the issue of the “shipped” bill of lading, but at the option of the carrier, \r\nsuch document of title may be noted at the port of shipment by the carrier, master, or agent with the \r\nname or names of the ship or ships upon which the goods have been shipped and the date or dates of \r\nshipment, and when so noted the same shall for the purpose of this Article be deemed to constitute a \r\n“shipped” bill of lading. \r\n 8. Any clause, covenant or agreement in a contract of carriage relieving the carrier or the ship \r\nfrom liability for loss or damage to or in connection with goods arising from negligence, fault or \r\nfailure in the duties and obligations provided in this Article or lessening such liability otherwise than \r\nas provided in these Rules, shall be null and void and of no effect.  \r\n A benefit of insurance or similar clause shall be deemed to be a clause relieving the carrier \r\nfrom liability. \r\nARTICLE IV \r\nRights and Immunities \r\n 1. Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from \r\nunseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship \r\nseaworthy, and to secure that the ship is properly manned, equipped and supplied, and to make the \r\nholds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit \r\nand safe for their reception, carriage and preservation in accordance with the provisions of paragraph \r\nI of Article III. \r\n Whenever loss or damage has resulted from unseaworthiness, the burden of proving the \r\nexercise of due diligence shall be on the carrier or other person claiming exemption under this \r\nsection. \r\n 2. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting \r\nfrom ___ \r\n(a)  act, neglect, or default of the master, mariner, pilot, or the servants of the \r\ncarrier in the navigation or in the management of the ship: \r\n(b)  fire, unless caused by the actual fault or privity of the carrier: \r\n(c)  perils, dangers and accidents of the sea or other navigable waters : \r\n(d)  act of God: \r\n(e)  act of war: \r\n(f)  act of public enemies: \r\n(g)  arrest or restraint of prices, rules or people, or seizure under legal process : \r\n(h)  quarantine restriction: \r\n \r\nPage 7 of 9 \r\n \r\n(i)  act or omission of the shipper or owner of the goods his agent, or \r\nrepresentative : \r\n(j)  strikes or lock-outs or stoppage or restraint of labour from whatever cause, \r\nwhether partial or general : \r\n(k)  riots and civil commotions : \r\n(l)  saving or attempting to save life or property at sea : \r\n(m)  wastage in bulk or weight or any other loss or damage arising from inherent \r\ndefect, quality, or vice of the goods : \r\n(n)  insufficiency of packing : \r\n(o)  insufficiency or inadequacy of marks : \r\n(p)  latent defects not discoverable by due diligence : \r\n(q)  any other cause arising without the actual fault or privity of the carrier, or \r\nwithout the fault or neglect of the agents or servants of the carrier, but the \r\nburden of proof shall be on the person claiming the benefit of this exception to \r\nshow that neither the actual fault or privity of the carrier not the default or \r\nneglect of the agents or servants of the carrier contributed to the loss or \r\ndamage. \r\n 3. The shipper shall not be responsible for loss or damage sustained by the carrier or the ship \r\narising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his \r\nservants. \r\n 4. Any deviation in saving or attempting to save life or property at sea, or any reasonable \r\ndeviation shall not be deemed to be an infringement or breach of these Rules or of the contract of \r\ncarriage, and the carrier shall not be liable for any loss or damage resulting therefrom. \r\n 5. Neither the carrier nor the ship shall in any event be or become liable for any loss or \r\ndamage to or in connection with goods in an amount exceeding 100/- per package or unit, or the \r\nequivalent of that sum in other currency, unless the nature and value of such goods have been \r\ndeclared by the shipper before shipment and inserted in the bill of lading. \r\n This declaration if embodied in the bill of lading shall be prima facie evidence, bull shall not \r\nbe binding or conclusive on the carrier. \r\n By agreement between the carrier, master or agent of the carrier and the shipper another \r\nmaximum amount than that mentioned in this paragraph may be fixed, provided that such maximum \r\nshall not be less than figure above named. \r\n Neither the carrier nor the ship shall be responsible in any event for loss or damage to or in \r\nconnection with goods if the nature or value thereof has been knowingly mis-stated by the shipper in \r\nthe bill of lading. \r\n 6. Goods of an inflammable, explosive or dangerous nature to the shipment whereof the \r\ncarrier, master or agent of the carrier, has not consented, with knowledge of their nature and \r\n \r\nPage 8 of 9 \r\n \r\ncharacter, may at any time before discharge be landed at any place or destroyed or rendered \r\ninnocuous by the carrier without compensation, and the shipper of such goods shall be liable for all \r\ndamages and expenses directly or indirectly arising out of or resulting from such shipment. \r\n If any such goods shipped with such knowledge and consent shall become a danger to the \r\nship or cargo, they may in like manner be landed at any place or destroyed or rendered-innocuous by \r\nthe carrier without liability on the part of the carrier except to general average, if any. \r\nARTICLE V \r\nSurrender of Rights and Immunities, and Increase of Responsibilities and Liabilities. \r\n A carrier shall be at liberty to surrender in whole or in part all or any of his rights and \r\nimmunities or to increase any of his responsibilities and liabilities under the Rules contained in any \r\nof these Articles, provided such surrender or increase shall be embodied in the bill of lading issued to \r\nthe shipper. \r\n The provisions of these Rules shall not be applicable to charterparties, but if bills of lading \r\nare issued in the case of a ship under a charter party they shall comply with the terms of these Rules. \r\nNothing in these Rules shall be held to prevent the insertion in a bill of lading of any lawful \r\nprovision regarding general average. \r\nARTICLE VI \r\nSpecial Conditions \r\n Notwithstanding the provisions of the preceding Articles, a carrier, master or agent of the \r\ncarrier, and a shipper shall in regard to any particular goods be at liberty to enter into any agreement \r\nin any terms as to the responsibility and liability of the carrier for such goods, and as to the rights and \r\nimmunities of the carrier in respect of such goods, or his obligation as to seaworthiness, so far as this \r\nstipulation is not contrary to public policy, or the care or diligence of his servants or agents in regard \r\nto the loading, handling, stowage, carriage, custody, care, and discharge of the goods carried by sea, \r\nprovided that in this case no bill of lading has been or shall be issued and that the terms agreed shall \r\nbe embodied in a receipt which shall be a non-negotiable document and shall be marked as such. \r\n Any agreement so entered into shall have full legal effect : \r\n Provided that this Article shall not apply to ordinary commercial shipments made in the \r\nordinary course of trade, but only to other shipments where the character or condition of the property \r\nto be carried or the circumstances, terms and conditions under which the carriage is to be performed, \r\nare such as reasonably to justify a special agreement. \r\nARTICLE VII \r\nLimitations on the Application of the Rules \r\n Nothing herein contained shall prevent a carrier or a shipper from entering into any \r\nagreement, stipulation, condition, reservation or exemption as to the responsibility and liability of the \r\ncarrier or the ship for the loss or damage to or in connection with the custody and care and handling \r\nof goods prior to the loading on and subsequent to the discharge from the ship on which the goods \r\nare carried by sea. \r\n \r\nPage 9 of 9 \r\n \r\nARTICLE VIII \r\nLimitation of Liability \r\n The provisions of these Rules shall not affect the rights and obligations of the carrier under \r\nany Statute for the time being in force relating to the limitation of the liability of owners of sea-going \r\nvessels. \r\nARTICLE IX \r\nThe monetary units mentioned in these Rules are to be taken to be gold value. \r\n_______ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n93356          Date: 03-02-2025",
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