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| Carnage Of Goods By Sea |
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| AN ACT TO AMEND THE LAW WITH RESPECT TO THE CARRIAGE OF GOODS BY SEA. | | |
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| WHEREAS, at the International Conference on Maritime Law held at Brussels in October, 1922, the delegates at the Conference, 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 Ordinance (Chapter 85) that the said rules as so amended and as set out with modifications in the Schedule to that Ordinance shall be given the force of law with a view to establishing the responsibilities, liabilities, rights and immunities attaching to carriers under bills of lading: | | And whereas the Conference held at Brussels in February, 1968, adopted a protocol to the said rules : | | And whereas it is expedient that the said rules as so amended and as set out with modifications in the Schedule to this Act shall be given the force of law with a view to establishing the responsibilities, liabilities, rights and immunities attaching to carriers under bills of lading, or any similar document of title: | | Be it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows : | |
| [21st May , 1982 ] |
Short title and date of operation.
| 1. This act may be cited as the Carriage of Goods by Sea Act, No. 21 of 1982, and shall come into operation on such date as the Minister may appoint by Order published in the Gazette. | Scope of application.
| 2. | (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. | | Modification of article VI of the rules in relation to coastal trade.
| 3. 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 the 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. | Absolute warranty of seaworthiness not to he implied in contracts to which the rules apply.
| 4. 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. | Savings and operation.
| 5. 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. | Repeal of Chapter 85.
| 6. The Carriage of Goods by Sea Ordinance is hereby repealed. | Interpretation.
| 7. 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. | |
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