•The Bills of Lading Act, 2025 6. Repeal and savings.- (1) The Indian Bills of Lading Act, 1856 (9 of 1856) is hereby repealed. (2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,- (a) the previous operation of the Act so repealed or anything done or any action taken or purported to have been or taken or suffered thereunder under the Act so repealed; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or (c) the operation of any rule, notification, order, notice or direction issued, or exemption granted thereunder, in so far as it is not inconsistent with the provisions of this Act, and shall be in force until it is repealed or superseded under the corresponding provisions of this Act; or (d) any penalty incurred in respect of any contravention under the Act so repealed; or (e) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Act had not been repealed; (f) the reference made to the repealed Act under any other legislation, rule, order, or any other legal instrument and any such reference shall, in so far as it is not inconsistent with the provisions of this Act, be construed as a reference to this Act or its corresponding provisions. (3) Without prejudice to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply with regard to the effect of repeal. STATEMENT OF OBJECTS AND REASONS 1. The Indian Bills of Lading Act, 1856 (the said Act) was enacted to amend the Law relating to Bills of Lading with a view to address two aspects, namely,- (a) transferring of all rights in respect of the contract contained in the bill of lading along with the property to the consignee or endorsee of the bill of lading; and (b) ensuring that a transferred bill of lading in the hands of a bona fide holder be treated as conclusive evidence of the goods being laden on board. 2. Since endorsement of rights over bills of lading is an important aspect of its use in carriage of goods by sea, the provisions of the said Act have extensive commercial applicability and is crucial to determine the transfer of rights of suit and liabilities to endorsees and consignees to whom any bill of lading has been transferred. 3. Though the substantive aspects of the said Act continue to remain relevant, being a pre independence statute, it is imperative that the provisions of the said Act require to be revisited without changing the substance or spirit of the said Act, so as to bring it in line with modern legislations in order to facilitate simplification and ease of understanding. Further, a new provision is proposed to be incorporated to empower the Central Government to issue directions to carry out the provisions of the proposed legislation. 4. Accordingly, it is proposed to repeal and reenact the said Act with a new legislation and for the said purpose, to introduce the Bills of Lading Bill, 2024 in Parliament. 5. The Bill seeks to achieve the above objectives. SARBANANDA SONOWAL. NEW DELHI; The 6th August, 2024.
