Author: Khushi J Prajapati
The amended bill of Bill Of Lading 2024 was introduced in Lok Sabha by Sarbananda Sonowal, who holds the position of Minister for Ports, Shipping and Waterways. This Bill aims to modify the Laws concerning Bills of Lading in order to suit current conditions and make them better suited for international trade because they are key documents in it. It serves as a receipt for cargo that has been shipped, a title document and also as evidence of a contract for its transport. In this regard, the proposed legislation seeks to repeal the old Indian Bills of Lading Act of 1856 and to substitute it with more contemporary shipping law that is in line with global standards.
Major Amendments
- Transferring obligations and entitlements.:
One of the most significant changes to be found in the 2024 Bill is that the rights and obligations will be automatically transferred from the person who originally shipped or owned them to the consignee named in a bill of lading as well as anyone who endorses it. The old 1856 Act allowed for the property in goods to be passed onto an endorsee but did not give him any rights under a contract. This new legislation makes sure that all rights of suit and all other connected responsibilities follow along with the goods themselves. As such, it enables a consignee or endorsee to sue or be sued as if there was a direct contractual agreement between them.
2. Conclusive Evidence of Shipment:
The inclusion of this provision in the Bill serves as conclusive proof of shipment using a bill of lading,All persons engaged in shipping operations will benefit from this advancement which brings about certainty and safety. Previously, disputes usually arose on the premise that there were no goods shipped as reflected on waybills. The new law addresses such problems by asserting that these kinds of documents should not be challenged on grounds of the absence/negligence to load them unless it was known by holder before he got such assurance.
3. Liability of Master and Protection against Fraud:
When it comes to determining the extent of liability of a master or other signatory of a bill of lading, this legislation gives an insight into how responsible they are. If there are any false details on a bill of lading, a master or anybody who signed could defend themselves if they could show that such falsehoods were no fault their own but that of somebody who connived against carrier or even those from whom this title was acquired. An example is when ship captains and other signers are not liable for unauthorized acts committed against them by persons outside their crews.
4. Retention of rights
These rights include blocking the movement of goods, filing lawsuits against the original shipper or owner based on transport costs, and obligations imposed on consignor or endorsee due to their identities or acquisition of goods. This Bill carries out a balance between what is required practically today and still retaining some basic legal protections which have always been there in maritime law within its preservation of these rights.
5. The Empowerment of Central Government:
An amendment made in the 2024 Bill provides for the Central Government to issue directions essential for the implementation of the provisions of the Act. Thus, dealing with new challenges and changing realities faced by the government in maritime trade becomes easy. A pertinent as well as effective Act also ensures that it can survive in swiftly metamorphosing trade conditions around the globe.
6. Repealing of Indian Bills Of Lading Act 1856:
It means that any actions carried out under former law remain valid including enforcement of fines and mentioning clauses in different other statutes. Furthermore, this method of repeal ensures that new laws do not affect pending classes of work or entitlements derived from the statute of 1856.
