Transport Law in India
Erschienen am 21. Oktober 2021
320 Seiten
978-94-035-4005-4 (ISBN)
Beschreibung
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in India. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marine pollution; collision; and carriage of passengers. Other topics discussed include liability and limitation of liability, charter parties, and transport under bill of lading. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are also covered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling transport contracts or cases affecting India. It will also be welcomed by researchers and academics for its contribution to a field that continues to gain significance in the study of comparative law.
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Talat Fatima
Transport Law in India
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Kluwer Law International
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Inhalt
- Intro
- Title Page
- Copyright Page
- The Author
- Table of Contents
- List of Abbreviations
- Preface
- General Introduction
- §1. General Background of the Country
- I. Geography
- II. Demography
- III. Information on the Political and Legal System of the Country: Form of Government
- A. Type of Government
- B. Legal System
- IV. Population and Employment: Social and Cultural Values
- A. Population
- B. Social and Cultural Values
- V. General Introduction Relating to Transportation
- VI. Inland Waterways and Ports
- A. New Waterways Network
- B. New National Waterways Law
- C. Protocol on Inland Water Transit and Trade
- VII. Ports
- VIII. Rail Roads
- IX. Road Systems
- X. Airport Numbers
- A. International
- B. Domestic
- XI. Pipelines
- XII. Important Data Relating to Transport Activity
- XIII. Ministry or Department Responsible for Transportation Policy
- Part I. duction
- Chapter 1. Definitions and Notions
- §1. Limitations of the Subject Matter
- I. Maritime Law and Transport Law
- A. Maritime Law
- B. Transport Law
- II. Law of the Sea
- Chapter 2. Main Sources of Transport Law
- §1. Maritime Law
- I. Treaties and National Legislation
- A. Treaties
- 1. Conventions
- 2. Protocols
- a. Agreement Ratified
- b. Operating Agreement Ratified
- 3. Memorandum of Understanding
- B. National Legislation
- 1. Constitutional Provisions
- 2. National Acts
- II. Inland Navigation
- A. Treaties
- B. National Legislation
- 1. Constitutional Provisions
- 2. National Acts
- III. Rail Transport
- A. Treaties and National Legislation
- 1. National Acts
- B. Treaties
- IV. Road Transport
- A. Treaties and National Legislation
- 1. Treaties and MoU
- 2. National Acts
- 3. Projects
- 4. Government Schemes
- V. Air Transport
- A. Treaties and National Legislation
- 1. National Acts
- 2. Conventions
- 3. Treaties/Agreements
- VI. Multimodal Transportation
- Chapter 3. Jurisdiction and Courts
- §1. Jurisdiction and Courts in Admiralty Matters
- §2. Jurisdiction in Railway Matters
- Chapter 4. State Immunity and Transport Law
- Chapter 5. Transport Intermediaries
- §1. Factor
- §2. Broker
- §3. Del Credere Agent
- Part II. Maritime Law
- Chapter 1. The Vessel
- §1. Definition and Legal Status of Vessels
- §2. Registration and Nationality of Ocean-Going Vessels
- I. Registration of Sailing Vessels
- A. Certificate of Registry
- II. Registration of Ships
- A. Indian Law Regarding Registration of Ships
- 1. Procedure
- 2. Formalities Regarding Registration of Indian Ship When Acquired Abroad
- 3. Registration of Government Ships
- 4. New Guidelines by the DGS
- 5. Certificate of Registry
- §3. Acquisition and Ownership
- I. Transmission of Property in Indian Ship on Death, Insolvency
- II. Transmission of Proprietary Interest in Indian Ship
- III. Transfer Procedure
- IV. Sistership
- Chapter 2. Maritime Liens and Mortgages
- §1. Maritime Liens
- I. General Concepts: Introduction
- II. Categories of Maritime Liens
- III. Employment of Maritime Liens
- IV. Concurrent Liens
- A. Custom and Port Authorities
- B. Agent's Lien
- C. Bottomry Bond
- V. Ranking
- VI. Choice of Law
- §2. Ship Mortgages
- I. General Concepts
- II. Creation of the Ship Mortgage
- III. Formalities Relating to the Creation of Mortgage
- A. Formalities
- 1. Mortgage Deed
- 2. Recording and Registration
- IV. Ranking
- V. Validity Period of Mortgage
- VI. Assignment of Mortgage
- A. Transmission of Interest in Mortgage
- VII. Ship Mortgage and International Law
- §3. Extinction of Ship Mortgages and Liens
- I. Extinction of the Main Claim
- II. Claim Waiver by the Creditor
- III. Forced Public Sale
- A. Order for Sale Where Ship Has Ceased to Be An Indian Ship
- IV. Voluntary Sale of the Encumbered Vessel
- V. Modification of the Vessel's Nationality
- Chapter 3. Master and Crew
- §1. Master
- I. Appointment of the Master
- II. Public Functions of the Master
- A. Taking Charge of the Effects of Deceased Seamen
- B. Dealing With and Account of Property of Seamen Who Die During Voyage
- III. Private Functions of the Master
- A. Binding the Owner
- B. Supplying Goods
- C. To Transship
- D. To Jettison Cargo
- E. Legal Representation
- IV. Main Duties of the Master
- A. Renewal of Running Agreements in Certain Cases
- B. Changes in Crew to Be Reported
- C. Duties in Respect of Seamen and Apprentice
- D. Certificate as to Agreement with Crew
- E. Repatriation of Seamen on Termination of Service
- F. Master to Deliver Account of Wages
- G. Disrating of Seamen
- H. Deductions from Wages
- I. Time of Payment of Wages
- J. Master to Give Facilities to Seaman
- K. Inspection by Master of Provisions, and so on
- L. Duty of Master of Ship to Assist
- M. Maintenance of Log Books Entries to Be Made by the Master
- N. Duties in Respect of Official Log Books
- O. Entries to Be Made by the Master
- P. Master to Report Arrival
- Q. Master to Hoist Number of Vessel
- V. Liability of the Master
- A. Liability of the Master Alone
- B. Liability of the Master Along with the Owner
- C. Liability of the Master under the Indian Ports Authority Act (IPA)
- D. Power of Court
- §2. Crew
- I. Contract of Employment for Crew Members
- A. Agreement with Crew in India
- B. Forms and Contents of the Agreement
- II. Recruiting
- A. Pre-Sea Training Course
- III. Duties of the Employer and Employee
- A. General Duties of the Employer
- 1. Duties Regarding Employment of Young Persons
- 2. Duties Regarding Health and Accommodation
- a. Sufficient Provision and Water
- b. Weights and Measures on Board
- c. Beddings, Medicines
- d. Medical Expenses
- e. Accommodation for Seamen
- B. Social Welfare Duties
- 1. National Welfare Board for Seafarers
- 2. Seamen's Provident Fund
- 3. Seamen's Welfare Fund Society
- C. Duties of the Employee
- IV. Termination
- A. Discharge and Leaving Behind of Seamen by Masters of Indian Ships
- Chapter 4. Liability and Limitation of Liability in Maritime Law
- §1. Liability of a Shipowner and the Crew
- I. Liability of a Shipowner under a Charter Party
- §2. Limitation of Liability
- I. Limitation of Liability under the Merchant Shipping Act
- §3. Ships for Which the Limitation of Liability Can Be Invoked
- §4. Claims Subject to Limitation
- I. Claims for Loss of Life
- II. Delay
- III. Infringements of Rights
- IV. Other Person
- V. Under Contract of Passenger Carriage
- §5. Claims Excluded from Limitation
- I. General Average
- II. Oil Pollution
- III. Servants
- IV. International Convention
- §6. Counter Claims
- §7. Conduct Barring Limitation
- §8. Persons Entitled to Limit
- §9. General Limits of Liability
- §10. Limitation Fund
- §11. Procedure
- Chapter 5. Charter Parties
- §1. Definition and Varieties of Charter Parties
- I. Voyage Charter Party
- II. Time Charter Party
- III. Position of Charterer
- IV. Difference between Voyage Charter Party and Time Charter party
- §2. Statutory Provisions
- §3. Duties of the Shipowner
- §4. Duties of the Charterer
- I. Excepted Perils
- Chapter 6. Transport under Bill of Lading
- §1. Definitions and Functions of the Bill of Lading
- I. Definition
- II. Functions
- §2. Various Types of Bills of Lading and Similar Documents of Title
- I. Bill of Lading 'Received for Shipment'
- II. Through Bill of Lading
- III. Combined Transport Bill of Lading
- IV. Delivery Order
- A. Short Delivery
- B. Place of Delivery
- §3. Charter Party and Bill of Lading
- §4. Hague Rules: Visby Rules
- I. National Incorporation of the Hague-Visby Rules
- A. Applicability of the Rules
- B. Areas of Applicability
- 1. Goods Not Brought to Indian Port
- 2. Absolute Warranty
- 3. Mentioning of Facts
- 4. Goods in Sailing Ships
- 5. Bulk Cargoes
- 6. Saving
- II. Transport Period
- III. Cargo and Excepted Cargo
- IV. Deck Cargo
- V. The Description of the Goods in the Bill of Lading
- VI. Jurisdiction Clauses
- VII. Vessel
- §5. Duties of the Carrier
- I. Duty Relating to the Vessel
- II. Duties Relating to the Cargo
- §6. Immunities and Limitations of Liability
- I. Liability and Onus of Proof
- II. Immunities
- III. Deviation
- IV. Nature and Value of Cargo
- V. Dangerous Goods
- §7. Non-negotiable Seaway Bills
- §8. Hamburg Rules
- I. Bill of Lading under the Hamburg Rules
- §9. Right of Action
- Chapter 7. Piloting
- §1. Introduction
- §2. Statutory Provisions
- §3. Duties of the Pilot
- §4. Pilot to Require Master to Hoist Number
- §5. Liability of the Pilot
- I. Personal Liability
- A. Contractual Liability
- B. Civil Liability
- C. Criminal Liability
- Chapter 8. Towing and Pushing Contract
- §1. Introduction
- I. Ocean and Sea Wealth
- II. Inland Waterways Wealth
- §2. Statutory Provisions
- I. At Regular Times
- A. Removal of Obstructions
- B. Removal of Obstructions and Other Hazards
- C. Board of Trustees
- D. Inland Waterways Authority of India
- E. The Indian Ports Act 1908.
- II. At Rescue Operations
- A. Salvage Operations
- B. Collisions
- C. Pollution Problems
- §3. Liability and Limitation of Liability
- I. The MS Act
- Chapter 9. Salvage and Assistance
- §1. Definition
- §2. Statutory Provisions
- I. Assistance
- §3. Salvage Award
- I. Where Salvage Is Paid
- II. Where Salvage Is Not Paid
- §4. Reward of the Crew
- I. Determination of Amount Due as Salvage
- §5. Liability and Limitation of Liability of Salvors
- I. The Liability of the Salvors
- A. Misconduct or Negligence
- B. Underwriters
- II. The Limitation of Liability of Salvors
- §6. Removal of Wrecks
- I. Legal Provisions
- II. Procedure of Disposal of Wrecks
- III. Role of The Receiver
- IV. Action Taken
- V. Claims of Owners
- VI. Sale of the Unclaimed Wreck
- VII. Delivery of Wreck
- Chapter 10. General Average
- §1. Historical Introduction
- §2. Statutory Provisions
- §3. Definition and History of General Average
- I. Demurrage and Lay Days
- §4. Application of the York-Antwerp Rules 1974 (Yar)
- I. Applicability under Indian Law
- §5. General Average Adjustment
- I. Calculation of General Average Contribution
- §6. Receiving Fund
- §7. Contributing Fund
- I. General Average Contributions of Salvage Charges
- §8. Proceedings
- Chapter 11. Particular Average
- §1. General Concepts
- §2. Particular Average of the Vessel
- I. Definition
- II. Insurance
- A. Voyage and Time Policies
- III. Settlement
- A. Salvage Charges
- B. Abandonment
- §3. Particular Average on Cargo
- I. Definition
- II. Insurance
- A. Floating Policy
- III. Settlement
- §4. Extra Expenses and Financial Losses Sea and Labour Cost, Loss of Freight, Delay
- I. Expenses and Labour Cost
- II. Loss of Freight
- III. Partial Loss of Goods Merchandise
- IV. Delay
- §5. Recovery Actions against the Sea Carrier
- I. Commercial Insurance
- II. Mutual Insurance
- Chapter 12. Collisions
- §1. Definition
- §2. Statutory Provisions
- I. Incorporation of Treaty Law
- A. Indian Law Regarding Collision
- 1. Precautions for Prevention of Collisions
- 2. Observance
- II. Damages and Procedure
- A. Damages
- B. Procedure
- III. Limitation of Liability
- Chapter 13. Maritime Pollution
- §1. Introduction
- §2. Statutory Provisions: Sources of Law
- I. National Legislation
- II. International Law
- §3. Sources of Pollution
- I. Pollution from Ships
- A. Oil Pollutants
- 1. Oil Tankers
- 2. Ships
- 3. Offshore Installation
- B. Accident Pollutants
- II. Pollution from Land-Based Sources
- III. Pollution from Seabed Activities
- IV. Dumping and Incineration of Wastes
- §4. Liability for Marine Pollution
- I. Civil Liability
- II. Criminal Liability
- III. Marine Insurance
- IV. Limitation of Liability
- §5. Marine Pollution Control and Cooperation
- I. Oil Pollution Cess
- Chapter 14. The Arrest of Ships
- §1. Sources of Law
- §2. Judicial Procedure for Conservatory Arrest
- I. Ship Arrest under Admiralty Law
- II. Ship Arrest Provisions under MS Act
- III. Procedure of Arrest of Ship
- §3. Ship
- I. The Concept of 'Ship' under Indian Law
- II. Sistership
- §4. Maritime Claims
- I. Maritime Claims and Admiralty Jurisdiction
- A. Admiralty Jurisdiction In Personam
- §5. Security and Counter Security
- I. Security for Costs and Damages
- II. Security for the Claim In Suit
- III. Counter Security
- §6. Subsequent Arrest
- §7. Lifting of the Arrest
- §8. Remedies for Wrongful Arrest
- I. Detention of Unsafe Ships by the Central Government
- §9. Judicial Sale and Ranking
- I. Judicial Sale
- A. Conditions of Sale
- II. Ranking
- Chapter 15. Carriage of Passengers
- §1. Introduction
- §2. Statutory Provisions
- I. Certificate of Survey
- II. Declaration of the Survey
- III. Second Survey
- IV. Cancellation of the Certificate
- V. Alteration of Ships
- VI. Special Trade and Pilgrim ships
- A. Undertaking the Voyage
- B. Journey Safeguards
- C. Steps Taken by Authorities
- 1. Death of a Passenger
- 2. Medical Care of Passengers
- 3. Passenger Welfare Cess
- 4. Bond
- 5. Medical Inspection of Pilgrims
- 6. Refund
- §3. Liability and Limitation of Liability
- I. Liability Regarding Return Journey
- II. Compensation
- §4. Maritime Security
- I. On the High Seas
- II. At Ports
- Part III. Other Transport
- Chapter 1. Transport by Road
- §1. Introduction
- §2. Liability of the Carrier under General Law
- I. Liability of the Carrier
- II. Duties of Carrier
- III. Principle of Absolute Liability
- IV. Exceptions
- V. Commencement and Duration of Liability
- §3. Liability of the Carrier under the CMR Convention
- I. The Consignment Note: Waybill
- II. Rights and Obligations
- A. Carrier
- B. Sender
- C. Consignee
- III. Liability of the Carrier
- A. Presumption of Fault
- B. Exoneration of Liability
- C. Sharing of Liability Between the Claimant and the Carrier
- IV. Time Limits for Complaint and Action
- V. Jurisdiction of Courts
- Chapter 2. Transportation by Rail
- §1. Statutory Provisions: Legislation
- §2. The CIV: Convention (Passenger and Their Luggage)
- I. Exceptions from Scope
- II. Liability Towards Passengers
- III. Obligation to Carry
- IV. Tariffs, Private Agreements
- V. Unit of Account Rate of Exchange
- §3. CIM: Convention (Carriage of Goods by Rail)
- I. Obligations to Carry
- II. Articles Not Acceptable for Carriage
- A. Articles Acceptable Subject to Conditions
- B. Tariffs and Private Agreements
- C. Unit of Account, Rate of Exchange
- D. Special Provisions
- §4. Contract of Carriage by Rail Subject
- §5. National Transportation
- Chapter 3. Inland Navigation
- §1. Carriage of Goods by Inland Waterways
- I. Cargo Transportation by Inland Waterways
- A. River Craft: Definition
- B. Owner's Legal Liability
- C. Charter Party and Carriage of Foods
- 1. Carriage of Grains
- 2. Grain Loading Plan
- D. Limitation of Liability
- E. Towage
- F. Pushing
- G. General Average
- H. Freight Market Regulation
- §2. Statutory Provisions
- I. Constitutional Provisions
- II. Other Laws
- III. IWAI
- A. IWT in India
- §3. Treaty Law
- Chapter 4. Air Transport
- §1. Introduction
- I. Application of Warsaw Convention to India
- II. Application of Montreal Convention to India
- §2. General Scope of the Warsaw Convention
- I. Applicability in India
- §3. General Scope of the Montreal Convention
- I. Applicability in India
- A. International Transport
- B. Carriage of Aircraft
- C. Carriage of Persons, Cargo or Luggage
- D. Carriage for Remuneration
- E. Successive and Combined Transport
- 1. Combined Carriage
- F. Mandatory Applicability
- 1. Limits of Applicability
- §4. Parties to the Contract of Carriage
- §5. The Carriage of Passengers
- I. Ticket
- A. Passenger Ticket
- B. Luggage Ticket
- II. Liability of Carrier
- A. Exoneration from Liability
- B. Extent of Liability
- §6. The Carriage of Foods or Baggage
- I. The Airway bill
- A. Contents of the Airway Bill
- 1. Contents of the Airway Bill
- II. The Baggage Check
- III. Rights and Obligations of the User
- A. Rights of Consignor
- B. Rights of Consignee
- 1. Position of the Owner
- IV. Liability of the Carrier
- A. Presumption of Fault
- B. Liability in Case of Death
- C. Liability Regarding Luggage
- D. Contributory Negligence
- E. Limits of Liability
- 1. Passengers
- 2. Registered Baggage or Cargo
- F. Liability of Different Carriers
- §7. Procedure
- I. Right of Action
- A. Applicability of Section 86(1) of CPC
- II. Time Limits
- III. Jurisdiction of Courts
- A. Judicial Pronouncements on Airline Services
- Chapter 5. Multimodal Transportation
- §1. Definitions: An Introduction
- §2. Statutory Provisions
- I. The Multimodal Transportation of Goods Act 1993: Statutory Provisions
- A. Interpretation Clause
- B. Regulation of Multimodal Transportation
- C. Multimodal Transport Document (MTD)
- D. Responsibilities of the MTO
- E. Limits of Liability
- F. Miscellaneous
- §3. Treaty Law
- I. Customs Convention on Containers 1972
- II. International Convention for Safe Containers 1972
- III. International Convention on Facilitation of International Maritime Traffic 1965
- A. The MT Convention
- B. The Hamburg Rules
- C. The Warsaw Convention
- D. The CMR Convention
- E. The CIM Convention
- F. The UPU Arrangements
- §4. Commercial Practices and Private Initiatives
- I. Through Bill of Lading
- II. Combined Transport Documents
- Selected Bibliography
- Index
