Repeal and saving.

The Carriage by Road Act, 2007

Infrastructure200723 sections

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Statutory text

(1) The Carriers Act, 1865 (3 of 1865), is hereby repealed.
(2) Notwithstanding the repeal of the Carriers Act, 1865 (3 of 1865), anything done or any action taken under the said Act shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions of this Act and shall continue in force accordingly until superseded by anything done or any action taken under this Act.
(3) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals. _______ STATEMENT OF OBJECTS AND REASONS Movement of goods or property is an important and integral part of the economic development of the country. The role of various players in the entire chain of activities enabling movement of goods, therefore, assumes importance. At present, the law relating to the rights and liabilities of the common carrier is contained in the Carriers Act, 1865. The main objective of the Act was to make common carriers liable for the loss or damage to goods carried by them and also to limit the liability for such loss or damage to the goods/property delivered by them to be carried. Many changes have takers place since the enactment of the said Act. These include the following:—
- (a) Various modes of transport now have separate enactments, for example, transport by the railways is being regulated by the Railways Act, 1989. It has, therefore, become necessary to redefine the scope and applicability of the Act to road transport industry.
- (b) The transport industry also has undergone a sea change since 1865. A number of players and middlemen like brokers and agents have come into existence and play an increasing role in the movement of goods by road.
- (c) The liability specified in the existing Act at one hundred rupees has also become grossly inadequate and irrelevant. 2. A number of deficiencies have been noticed in the course of the enforcement of the provisions of the Carriers Act, 1865. The Act has no provision for registration of Common Carriers. The Act also had not foreseen the sophistication and complexity of the transport trade, as it exists today. The Transporters’ Associations have time and again demanded that the existing Act be repealed and new Act be enacted to cater to the present day requirements of transport, trade and commerce. 3. The Commission on Review of Administrative Laws constituted by the Central Government under the Chairmanship of Shri P.C. Jain in its Report submitted to the Government in September, 1998 has also recommended review of the Act. 4. Keeping in view the fact that other modes of transport are already covered under separate enactments and the need for redefining the common carrier, regulation of the common carriers by the State and provision of a transparent framework of rights and liabilities to govern the transactions between the common carriers and the customers has been felt, the Government set up a Committee under the Chairmanship of Shri M. Koteeswaran, the then Executive Director, Association of State Road Transport Undertakings (ASTRU) comprising members from Central Institute of Road Transport (CIRT), erstwhile Ministry of Surface Transport, representative of All India Motor Transport Congress (AIMTC). The Committee had recommended for repeal of the Carriers Act, 1865 and its re-enactment incorporating the above requirements. 5. The Bill, inter alia, seeks to achieve the following objectives:—
  - (i) To regulate and limit the liability of the common carriers.
  - (ii) To provide for a registration of common carriers.
  - (iii) To ensure proper statistical reporting in the transport sector by persons involved in transportation business.
  - (iv) To regulate carriage of hazardous and dangerous goods.
  - (v) To provide for rule making powers to deal with emerging and changing scenario from time to time.
  - (vi) To repeal the Carriers Act, 1865. 6. The Notes on clauses explain in detail the various provisions contained in the Bill. 7. The Bill seeks to achieve the above objects. NEW DELHI; T.R. BAALU. The 30th November, 2005.

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