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 it is expedient that the said rules as so amended and as set out with modifications in the Schedule to this Ordinance (in this Ordinance referred to as “the rules”) should, subject to the provisions of this Ordinance, 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 provision has been made by the Carriage of Goods by Sea Act. 1924, that the said rules as so amended and as set out with modifications in the Schedule to that Act shall be given the force of law with a view to establishing the responsibilities, rights, and immunities attaching to carriers under bills of lading:

And whereas it is expedient that like provision should be made in Ceylon :

Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows ;-

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

2. Subject to the provisions of this Ordinance, the rules in the Schedule shall have effect in relation to and in connexion with the carriage of goods by sea in ships carrying goods from any port in Ceylon to any other port whether in or outside Ceylon.

3. 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. Every bill of lading, or similar document of title, issued in Ceylon 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 Ordinance.

5. Article VI of the rules in the Schedule shall, in relation to the carriage of goods by sea in ships carrying goods from any port in Ceylon to any other port in Ceylon , coasting trade. 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. 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.

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