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Multimodal Transportation of Goods Act, 1993 Complete Act

Title: Multimodal Transportation of Goods Act, 1993

State: Central

Year: 1993

.....transport operator to limit liability Section19 - Limit of liability of multimodal transport operator for total loss of goods Section20 - Notice of loss of or damage to goods Chapter 5 Section21 - Special provision for dangerous goods Section22 - Right of multimodal transport operator to have lien on goods and documents Section23 - General average Section24 - Limitation on action Section25 - Jurisdiction for instituting action Section26 - Arbitration Section27 - Delegation of power Section28 - Multimodal transport contract to be made in accordance with this Act Section29 - Act to override other enactments Section30 - Power to make rules Section31 - Amendment of certain enactments Section32 - Repeal and savings Schedule1 - THE SCHEDULE

Multimodal Transportation of Goods Act, 1993 Section 20

Title: Notice of Loss of or Damage to Goods

State: Central

Year: 1993

(1) The delivery of the consignment to the consignee by the multimodal transport operator shall be treated as prima facie evidence of delivery of the goods as described in the multimodal transport document unless notice of the general nature of loss of, or damage to, the goods is given, in writing, by the consignee to the multimodal transport operator at the time of handing over of the goods to the consignee. (2) Where the loss or damage is not apparent, the provisions of sub-section (1) shall apply unless notice in writing is given by the consignee of the loss of, or damage to, the goods within six consecutive days after the day when the goods were handed over to the consignee. 1[Period of responsibility "20A. The responsibility of the multimodal transport operator for the goods under this Act shall cover the period from the time he has taken the goods in his charge to the time of their delivery.] ___________________ 1. Inserted by The Multimodal Transportation Of Goods (Amendment) Act, 2000 (Act No. 44 of 2000) w.e.f. 05.12.2000.

Multimodal Transportation of Goods Act, 1993 Section 21

Title: Special Provision for Dangerous Goods

State: Central

Year: 1993

(1) Where the consignor hands over the prescribed dangerous goods to a multimodal transport operator or any person acting on behalf of such operator, the consignor shall inform him of the nature of the dangerous goods and, if necessary, the precautions to be taken while transporting such goods. (2) Where the consignor fails to inform the multimodal transport operator or the other person acting on behalf of such operator of the nature of the dangerous goods and such operator or person does not otherwise have knowledge of the dangerous goods-- (a) the consignor shall be liable to the multimodal transport operator or the other person acting on behalf of such operator for all loss resulting from the multimodal transportation of such goods; and (b) the goods may at any time be unloaded, destroyed or rendered innocuous, as the circumstances may require, without payment of compensation.

Multimodal Transportation of Goods Act, 1993 Preamble 1

Title: The Multimodal Transportation of Goods Act, 1993

State: Central

Year: 1993

THE MULTIMODAL TRANSPORTATION OF GOODS ACT, 1993 [Act, No. 28 of 1993] [2nd April, 1993] PREAMBLE An Act to provide for the regulation of the multimodal transportation of goods, from anyplace in India to a place outside India, on the basis of a multimodal transport contract and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:--

Multimodal Transportation of Goods Act, 1993 Section 19

Title: Limit of Liability of Multimodal Transport Operator for Total Loss of Goods

State: Central

Year: 1993

The multimodal transport operator shall not, in any case, be liable for an amount greater than the liability for total loss of goods for which a person will be entitled to make a claim against him under the provisions of this Act.

Multimodal Transportation of Goods Act, 1993 Section 22

Title: Right of Multimodal Transport Operator to Have Lien on Goods and Documents

State: Central

Year: 1993

(1) The multimodal transport operator who has not been paid the amount of consideration stipulated in the multimodal transport contract shall have a lien on the consignment and on the documents in his possession. (2) Notwithstanding anything contained in sections 13, 16, and 18, the period during which the goods are in possession of the multimodal transport operator in exercise of his right of lien referred to in sub-section (1) shall not be included for the purposes of calculating the time of delay under any of those sections.

Multimodal Transportation of Goods Act, 1993 Complete Act

State: Central

Year: 1993

.....contract, from the place of acceptance of the goods in India to a place of delivery of the goods outside India; 3(l) "multimodal transport contract" means a contract under which a multimodal transport operator undertakes to perform or procure the performance of multimodal transportation against payment of freight; 3(l-a) "multimodal transport document" means a negotiable or non- negotiable document evidencing a multimodal transport contract and which can be replaced by electronic data interchange messages permitted by applicable law;" (m) ''multimodal transport operator" means any person who- (i) concludes a multimodal transport contract on his own behalf or through another person acting on his behalf: (ii) acts as principal, and not as an agent either of the consignor, or consignee or of the carrier participating in the multimodal transportation, and who assumes responsibility for the performance of the said contract: and (iii) is registered under sub-section (3) of section 4: (n) "negotiable multimodal transport document" means a multimodal transport document which is- (i) made out to order or to bearer: or (ii) made out to order and is transferable by endorsement; or.....

Multimodal Transportation of Goods Act, 1993 Chapter 3

Title: Multimodal Transport Document

State: Central

Year: 1993

.....the multimodal transport document Save as provided in section 10,-- (a) the multimodal transport document shall be prima facie evidence of the fact that the multimodal transport operator has taken charge of the goods as described in the document; and (b) no proof to the contrary by the multimodal transport operator shall be admissible if the multimodal transport document is issued in negotiable form and has been transmitted to the consignee or transferred by the consignee to a third party, if the consignee or the third party has acted in good faith relying on the description of the goods in the document. Section 12 - Responsibility of the consignor (1) The consignor shall be deemed to have guaranteed to the multimodal transport operator the adequacy and accuracy, at the time" the multimodal transport operator takes charge of the goods, of the particulars referred to in clauses (a) and (b) of section 9 as furnished by the consignor for insertion in the multimodal transport document. (2) The consignor shall indemnify the multimodal transport operator against loss resulting from inadequacy or inaccuracy of the particulars referred to in sub-section (1). (3) The right.....

Multimodal Transportation of Goods Act, 1993 Section 2

Title: Definitions

State: Central

Year: 1993

.....in the multimodal transportation, and who assumes responsibility for the performance of the said contract; and (iii) is registered under sub-section (3) of section 4; (n) "negotiable multimodal transport document" means a multimodal transport document which is-- (i) made out to order or to bearer; or (ii) made out to order and is transferable by endorsement; or (iii) made out to bearer and is transferable without endorsement; (o) "non-negotiable multimodal transport document" means a multimodal transport document which indicates only one named consignee; (p) "prescribed" means prescribed by rules made under this Act; (q) "registration" means registration of muitimodal transport operator under subsection (3) of section 4. 6. [(r) "special drawing rights" means such units of accounts as are determined by the International Monetary Fund; (s) "taking charge" means that the goods have been handed over to and accepted for carriage by the multimodal transport operator;] ___________________________________ 1. Substituted by The Multimodal Transportation Of Goods (Amendment) Act, 2000 (44 of 2000) w.e.f. 05.12.2000. Prior to substitution it read as under : .....

Multimodal Transportation of Goods Act, 1993 Chapter 1

Title: Preliminary

State: Central

Year: 1993

.....in the multimodal transportation, and who assumes responsibility for the performance of the said contract; and (iii) is registered under sub-section (3) of section 4; (n) "negotiable multimodal transport document" means a multimodal transport document which is-- (i) made out to order or to bearer; or (ii) made out to order and is transferable by endorsement; or (iii) made out to bearer and is transferable without endorsement; (o) "non-negotiable multimodal transport document" means a multimodal transport document which indicates only one named consignee; (p) "prescribed" means prescribed by rules made under this Act; (q) "registration" means registration of muitimodal transport operator under subsection (3) of section 4. 6. [(r) "special drawing rights" means such units of accounts as are determined by the International Monetary Fund; (s) "taking charge" means that the goods have been handed over to and accepted for carriage by the multimodal transport operator;] ___________________________________ 1. Substituted by The Multimodal Transportation Of Goods (Amendment) Act, 2000 (44 of 2000) w.e.f. 05.12.2000. Prior to substitution it read as under : .....