CARRIAGE OF GOODS BY SEA ACT

Arrangement of Sections

1. Short title.

2. Scope of application.

3. Modification of Article VI of the rules in relation to coastal trade.

4. Absolute warranty of seaworthiness not to be implied in contracts to which the rules apply.

5. Savings and operation.

6. Repeal of the Carriage of Goods by Sea ordinance.

7. Interpretation.

SCHEDULE

21 of 1982.

AN ACT to amend the law with respect to the carriage of goods by sea.

[Date of Commencement: 21st May, 1982]

1. Short title.

This Act may be cited as the Carriage of Goods by Sea Act.

2. Scope of application.

(1) The provisions of the rules as set out in the Schedule to this Act shall have the force of law.

(2) Without prejudice to subsection (1), the said provisions shall have effect (and have the force of law) in relation to and in connection with the carriage of goods by sea in ships, carrying goods from any port in Sri Lanka to any other port whether in or outside Sri Lanka.

(3) Subject to the provisions of subsection (4) nothing in this section shall be taken as applying anything in the rules to any contract for the carriage of goods by sea, unless the contract expressly or by implication provides for the issue of a bill of lading or any similar document of title.

(4) Every bill of lading, or similar document of title, issued in Sri Lanka 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 rules as applied by this Act.

3. Modification of Article VI of the rules in relation to coastal trade.

Article VI of the rules shall, in relation to the carriage of goods by sea in ships carrying goods from any port in Sri Lanka to any other port in Sri Lanka, have effect as though said Article referred to goods of any class instead of to particular goods and as though the proviso to the second paragraph of such article were omitted.

4. Absolute warranty of seaworthiness not to be implied in contracts to which the 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.

5. Savings and operation.

Nothing in this Act shall affect the operation of any other enactment for the time being in force limiting the liability of the owners of seagoing vessels.

6. Repeal of the Carriage of Goods by Sea Act.

The Carriage of Goods by Sea Ordinance is hereby repealed.

7. Interpretation.

In this Act "the rules” means the International Convention for the unification of certain rules of Law relating to bills of lading signed at Brussels on 25th August, 1924, as amended by the protocol signed at Brussels on 23rd February, 1968, and set out in the Schedule hereto.

SCHEDULE

THE HAGUE RULES AS AMENDED BY THE BRUSSELS PROTOCOL 1968

ARTICLE I

In these Rules the following words are employed, with the meanings set out below—

(a) "Carrier” includes the owner or the chatterer, 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” induces goods, wares, merchandise, 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 they are discharged from the ship.

ARTICLE II

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

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) property 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.

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